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13.4.4.2 Board considers that a student’s progress is unsatisfactory

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13.4.4.2 Board considers that a student’s progress is unsatisfactory

If a Board is of the opinion that a primary or secondary student’s progress is not satisfactory, it shall refer the matter to the Commission (2.5.1 of the Instruments).

Where a matter has been referred to the Commission, it may determine that the student cease to receive benefits under the Scheme (2.5.2 of the Instruments). Once it is established that the student has not made sufficient progress in their studies, the Secretary may require the student to pay back some of the benefits they have received during the period in which they did not meet the requirements of the course.

Subject to paragraph 2.5.5 of the Instruments, where a Board is of the opinion that a tertiary student aged 16 years or over would have failed to satisfy the progress rules in Part 2.11A of the Social Security Act 1991 (SSA) in respect of tertiary students (if Part 2.11A had applied to the student), it shall refer the matter to the Commission. The "progress rules" are mentioned in section 569H of the SSA.

Where a matter has been referred to the Commission, if the Commission is of the opinion that the student would have failed to satisfy the progress rules in Part 2.11A of the SSA in respect of tertiary students (if Part 2.11A had applied to the student), it may determine that the student cease to receive benefits under the Scheme.

Where the Board is of the opinion that a tertiary student would have failed to satisfy the progress rules in Part 2.11A of the SSA in respect of tertiary students (if Part 2.11A had applied to the student), the Board may approve continuing benefits under the Scheme.

Benefits withdrawn under the Scheme may be restored by the Commission if it is satisfied that the student has resumed satisfactory progress. Back payments may be made at the discretion of the Secretary on a case by case basis. The Secretary may look at the student’s overall compliance with the Scheme to make the decision in regard to date of effect of grant.