Student Support Regulations 2019

• Jurisdiction: Ireland
• Citation: IR SI 151/2019
• Year: 2019

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 16th April, 2019.

I, MARY MITCHELL O’CONNOR, Minister of State at the Department of Education and Skills, in exercise of the powers conferred on me by sections 4 , 7 , 8 and 14 of the Student Support Act 2011 (No. 4 of 2011) and the Education and Skills (Delegation of Ministerial Functions) (No. 2) Order 2018 (S.I. No. 642 of 2018) having consulted with the Higher Education Authority, and with the consent of the Minister for Public Expenditure and Reform, hereby make the following regulations:

Citation and commencement

1. (1) These Regulations may be cited as the Student Support Regulations 2019.

(2) These Regulations shall come into operation on 11th day of April 2019.

Interpretation

2. (1) In these Regulations—

“Act” means the Student Support Act 2011 (No. 4 of 2011);

“national framework of qualifications” means the framework of qualifications established and maintained pursuant to section 7 of the Qualifications (Education and Training) Act 1999 (No. 26 of 1999);

“postgraduate course” is a course leading to a major higher education and training award at Level 8 (Higher Diploma), Level 9 (Postgraduate Diploma, Master Degree), Level 10 (Doctoral Degree) on the national framework of qualifications, or equivalent awards;

“prior scheme” means the Higher Education Grants (HEG) Scheme made pursuant to the Local Authorities (Higher Education Grants) Acts 1968 to 1992 or the schemes administered by a Vocational Education Committee, namely the Vocational Education Committees (VEC) Scholarship Scheme, the Third Level Maintenance Grants Scheme for Trainees (TLT) and the Maintenance Grants Scheme for Students attending Post-Leaving Certificate (PLC) courses;

“undergraduate course” means a course leading to a major higher education and training award at Level 6 (Higher Certificate), Level 7 (Ordinary Bachelor Degree), Level 8 (Honours Bachelor Degree) on the national framework of qualifications, or equivalent awards, other than a course known for the time being as a post-leaving certificate course.

(2) A word or expression which is used in these Regulations and which is also used in the Act has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Act.

(3) (a) A reference in these Regulations to a Regulation is to a Regulation of these Regulations, unless it is indicated that reference to some other Regulations is intended.

(b) A reference in these Regulations to a paragraph or subparagraph is to the paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

(c) A reference in these Regulations to a Schedule is to a Schedule to these Regulations, unless it is indicated that reference to some other Regulations is intended.

Approved institutions

3. (1) The institutions listed in Schedule 1 are “approved institutions” under section 7(1)(a) to (d) of the Act.

(2) The institutions listed in Schedule 2 are prescribed as “approved institutions” for the purposes of section 7(1)(f) and (2) of the Act.

Approved courses

4. The following courses are prescribed as “approved courses” for the purposes of section 8(1)(c) of the Act—

(a) full-time courses, known as “post-leaving certificate courses”—

(i) that take not less than one year to complete;

(ii) that are provided by an approved institution that comes within the terms of section 7(1)(d) of the Act and listed in Part C of Schedule 1;

(iii) that are approved for funding by SOLAS as post-leaving certificate courses; and

(iv) on the successful completion of which, a student is awarded a major education and training award which is a recognised qualification that is not at a lower level than Level 5 in the framework of qualifications;

(b) the following full-time undergraduate courses, on the successful completion of which a student is awarded a major higher education and training award which is a recognised qualification pursuant to the framework of qualifications—

(i) a course that takes not less than two years to complete and is provided by an approved institution that comes within the terms of section 7(1)(a), (b), (ba) or (c) of the Act and is listed in Part A or B of Schedule 1;

(ii) a course at Level 6 in the framework of qualifications that takes one year to complete and is provided by an approved institution that comes within the terms of section 7(1)(b), (ba) or (c) of the Act and is listed in Part B of Schedule 1;

(iii) a course that takes not less than two years to complete and is provided by an approved institution listed in Part A of Schedule 2;

(iv) a course that takes not less than two years to complete and is listed in Part B of Schedule 2, along with the approved institution providing it;

(v) a course, known for the time being as an “add-on course”, that is provided by an approved institution that comes within the terms of section 7(1)(a), (b), (ba) or (c) of the Act and is listed in Part A or B of Schedule 1 and that takes—

(I) one year to complete and allows persons to progress to an undergraduate course leading to a qualification at Level 7 in the framework of qualifications, or

(II) a minimum of one year to complete and allows persons to progress to an undergraduate course leading to a qualification at Level 8 in the framework of qualifications;

(vi) a course, known for the time being as an “add-on course”, that is provided by an approved institution listed in Part A of Schedule 2 and that takes—

(I) one year to complete and allows persons to progress to an undergraduate course leading to a qualification at Level 7 in the framework of qualifications, or

(II) a minimum of one year to complete and allows persons to progress to an undergraduate course leading to a qualification at Level 8 in the framework of qualifications;

(vii) a course, known for the time being as an “add-on course”, that is listed in Part B of Schedule 2, along with the approved institution providing it, and that takes—

(I) one year to complete and allows persons to progress to an undergraduate course leading to a qualification at Level 7 in the framework of qualifications, or

(II) a minimum of one year to complete and allows persons to progress to an undergraduate course leading to a qualification at Level 8 in the framework of qualifications;

(viii) a course, known for the time being as an “accelerated technician programme”, that takes eighteen months to complete and is provided by an approved institution that comes within the terms of section 7(1)(b) of the Act and listed in Part B of Schedule 1;

(c) a full-time undergraduate course that—

(i) takes not less than 2 years to complete;

(ii) is provided by an approved institution in a Member State other than the State that comes within the terms of section 7(1)(e) of the Act; and

(iii) leads to a major higher education and training qualification that is recognised—

(I) in a manner, provided for by the laws of the Member State, that corresponds to the arrangements, procedures and systems of the framework of qualifications, or

(II) otherwise in accordance with the laws of the Member State.

(d) the following full-time postgraduate courses in the State, on the successful completion of which a student is awarded a major higher education and training award which is a recognised qualification pursuant to the framework of qualifications—

(i) a course that takes not less than one year to complete and is provided by an approved institution that comes within the terms of section 7(1)(a), (b), (ba) or (c) of the Act and listed in Part A or B of Schedule 1;

(ii) a course that takes not less than one year to complete and is provided by an approved institution listed in Part A of Schedule 2;

(iii) a course that takes not less than one year to complete and is listed in Part B of Schedule 2, along with the approved institution providing it;

(e) a full-time postgraduate course that—

(i) takes not less than one year to complete;

(ii) is provided by an approved institution that comes within the terms of section 7(1)(e) of the Act and is situated in Northern Ireland;

(iii) is listed in Schedule 3; and

(iv) leads to a major higher education and training qualification that is recognised—

(I) in a manner, provided for by the laws of Northern Ireland, that corresponds to the arrangements, procedures and systems of the framework of qualifications, or

(II) otherwise in accordance with the laws of Northern Ireland; and

(f) a course approved under this paragraph which was a course approved under a prior scheme for the 2010/11 academic year shall be taken to be a course, on the successful completion of which a student is awarded a recognised qualification within the meaning of paragraph 4(a)(iv), (b) and (d).

Prescribed students

5. (1) The following family members are prescribed as “students”, for the purposes of section 14(1)(d) of the Act—

(a) a person who is a family member of a person referred to in section 14(1)(a) of the Act and has permission to remain in the State as a family member of such person under the provisions of the European Communities (Free Movement of Persons Regulations) 2006 and 2008 and Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004; and

(b) a person who has permission to remain in the State—

(i) by virtue of marriage to, or a civil partnership with, an Irish national residing in the State, or

(ii) as a dependent child of a person coming within clause (i) or

(iii) as a dependent child of a person who has acquired Irish Citizenship by naturalization, residing in the State.

(2) The following classes of persons are prescribed as “students” for the purposes of section 14(1)(e)(ii) of the Act—

(a) a person who has been granted humanitarian leave to remain in the State...