S.I. No. 154/2016 - Student Support Regulations 2016.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 12th April, 2016.

I, JAN O’SULLIVAN, Minister for 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 Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 ( S.I. No. 418 of 2011 ), 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 2016.

(2) These Regulations shall come into operation on 7th April 2016.

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 D 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) or (c) of the Act and is listed in Part A, B or C 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) or (c) of the Act and is listed in Part B or C 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) or (c) of the Act and is listed in Part A, B or C 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) or (c) of the Act and listed in Part A, B or C 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);

(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 prior to the coming into operation of the Immigration Act 1999 (No. 22 of 1999); and

(b) a person in respect of whom the Minister for Justice and Equality has granted permission to remain following a determination not to make a deportation order under section 3 of the Immigration Act 1999 (No. 22 of 1999); and

(c) a person, pursuant to the European Union (Subsidiary Protection) Regulations 2013 ( S.I. No. 426 of 2013 )-

(i) who is a person eligible for subsidiary protection and in relation to whom a subsidiary protection declaration is in force and to whom a permission to reside within the State has been granted pursuant to those Regulations; or

(ii) to whom the Minister for Justice and Equality has granted permission to enter and reside in the State pursuant to Regulation 25 of those Regulations; or

(iii) to whom the Minister for Justice and Equality has granted permission to reside in the State pursuant to Regulation 26 of those Regulations.

Regulations 3 and 4.

SCHEDULE 1

Approved institutions

PART A

National University of Ireland, Dublin

National University of Ireland, Cork

National University of Ireland, Galway

National University of Ireland, Maynooth

Trinity College Dublin

Dublin City University

University of Limerick

PART B

Athlone Institute of Technology

Institute of Technology, Blanchardstown

Institute of Technology, Carlow

Cork Institute of Technology

Dundalk Institute of Technology

Dun Laoghaire Institute of Art, Design and Technology

Galway-Mayo Institute of Technology

Letterkenny Institute of Technology

Limerick Institute of Technology

Institute of Technology, Sligo

Institute of Technology, Tallaght

Institute of Technology, Tralee

Waterford Institute of Technology

PART C

Dublin Institute of Technology

PART D

Regulations 3 and 4.

SCHEDULE 2

Approved institutions and courses

PART A

National College of Art & Design, Dublin

National College of Ireland, Dublin

Church of Ireland College of Education, Dublin

Marino Institute of Education, Dublin

Mary Immaculate College, Limerick

St. Angela’s College, Lough Gill, Sligo

St. Patrick’s College of Education, Drumcondra, Dublin

PART B

Pontifical University of Maynooth

In respect of the following undergraduate courses:

— Hons. Bachelor Degree in Theology [3 years]

— Hons. Bachelor Degree in Theology and Arts [3 years]

— Hons. Bachelor Degree in Theology & Arts International [4 years]

In respect of the following postgraduate courses:

— MA Degree in Theology [1 year]

— MA Degree in Theology [2 years]

— Doctoral Degree of PhD in Theology [3 years]

St Patrick’s College, Thurles

In respect of the following undergraduate courses:

— BA (Hons) in Education, Business Studies & Religious Studies Programme [4 years]

— BA (Hons) in Education, Irish & Religious Studies [4 years]

— BA (Hons) in Education, Business Studies and Accounting [4 years]

— BA (Hons) in Education, Irish and Business Studies [4 years]

Mater Dei Institute of Education

In respect of the following undergraduate courses:

— Bachelor of Religious Education [4 years]

— Bachelor of Religious Education and English [4 years]

— Bachelor of Religious Education and History [4 years]

— Bachelor of Religious Education and Music [4 years]

— BA in Irish Studies & Religious Studies [3 years]

In respect of the following postgraduate courses:

— Graduate Diploma in Theological Studies [1 year]

— MA in Chaplaincy Studies & Pastoral Work [1 year]

— MA in Healthcare Chaplaincy [1 year]

— MA in Healthcare Chaplaincy [2 years]

— MA in Theology [1 year]

— MA in Poetry Studies [1 year]

— MA in Religion & Education [1 year]

— MA in Religious Education (Primary) [1 year]

— MA Education (Research) [2 years]

— MA English (Research) [2 years]

— MA History (Research) [2 years]

— MA Irish Studies (Research) [2 years]

— MA Music (Research) [2 years]

— MA Religious Education (Research) [2 years]

— MA Philosophy (Research) [2 years]

— MA Theology (Research) [2 years]

— PhD Education (Research) [3 years]

— PhD English (Research) [3 years]

— PhD History (Research) [3 years]

— PhD Irish Studies (Research) [3 years]

— PhD Music (Research) [3 years]

— PhD Religious Education (Research) [3 years]

— PhD Philosophy (Research) [3 years]

— PhD Theology (Research) [3 years]

All Hallows College, Drumcondra

In respect of the following undergraduate course:

— BA (Hons) in Theology & Philosophy [4 years]

— BA (Hons) in Theology & Psychology [4 years]

— BA (Hons) in Theology & English Literature [4 years]

In respect of the following postgraduate course:

— PhD in Humanities by Research [3 years]

Carlow College (St. Patrick’s)

In respect of the following undergraduate courses:

— BA (Ordinary) in Applied Social Studies in Social Care [3 years]

— BA (Hons) in Applied Social Studies in Social Care [1 year add-on]

— BA (Ordinary) in Humanities {Philosophy, Theology and Arts} [3 years]

— BA (Hons) in Humanities {Philosophy, Theology and Arts} [4 years]

— BA (Hons) in Citizenship and Community Studies [4 years]

— BA (Hons) in English and History [4 years]

— BA (Hons) in Theology [3 years]

In respect of the following postgraduate courses:

— MA English by Research [2 years]

— MA Philosophy by Research [2 years]

— MA History by Research [2 years]

— MA Religion/Theology by Research [2 years]

Royal College of Surgeons in Ireland

In respect of the following undergraduate courses:

— NUI Degree of MB (Hons), BCH, BAO, LRCP, SI [5 years]

— NUI Degree of MB (Hons), BCH, BAO, LRCP, SI [6 years]

— NUI Degree BSc (Hons) in Pharmacy [4 years]

— BSc in Physiotherapy (NUI Award) [4 years]

In respect of the following postgraduate courses:

— NUI Postgraduate PhD [3 years]

— NUI Postgraduate MD [2 years]

— NUI Postgraduate MSc [1 year]

Kimmage Development Studies Centre

In respect of the following postgraduate courses:

— Postgraduate Diploma in Development Studies [1 year]

— MA in Development Studies [1 year]

Montessori College, (A.M.I.) Milltown

In respect of the following undergraduate courses:

— Montessori Teaching Diploma

• Part 1: Early Childhood (3 to 6 year olds) [Year 1 and 2]

• Part 2: Primary (6 to 12 year olds) [Year 3]

St. Nicholas Montessori College

In respect of the following undergraduate courses:

— Higher Certificate in Arts in Early Years Montessori Education [2 years]

— BA in Montessori Education [3 years]

— BA (Hons) in Montessori Education [1 year]

In respect of the following postgraduate course:

— Higher Diploma in Arts in Early Years Montessori Education [2 years]

The Honorable Society of Kings Inns

In respect of the following postgraduate course:

— Barrister-at-Law Degree [1 year]

The Law Society of Ireland, Blackhall Place

In respect of the following postgraduate course:

— Professional Practice Course (PPC)

• Part I

• Part II

Regulations 4.

SCHEDULE 3

Approved Postgraduate Courses in Northern Ireland

Queen’s University, Belfast

Full-time postgraduate course of not less than one year duration

University of Ulster

Full-time postgraduate course of not less than one year duration

St Mary’s College of Education, Belfast

Postgraduate Certificate in Education (Irish Medium)

Stranmillis College, Belfast

Postgraduate Certificate in Education

The Minister for Public Expenditure and Reform consents to the making of the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Public Expenditure and Reform,

7 April 2016.

BRENDAN HOWLIN,

Minister for Public Expenditure and Reform.

GIVEN under my Official Seal,

7 April 2016.

JAN O’SULLIVAN,

Minister for Education and Skills.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation).

These Regulations are made pursuant to powers conferred on the Minister for Education and Skills under the Student Support Act 2011 . They prescribe “approved institutions”, “approved courses” and “classes of persons” for the purposes of that Act.

These Regulations may be cited as the Student Support Regulations 2016.