The Education (Student Support) Regulations 2002

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which come into force on 25th February 2002, are made under section 22 of the Teaching and Higher Education Act 1998. They provide for support for students attending designated higher education courses in respect of the academic year beginning on or after 1st September 2002.

The Regulations revoke the Education (Student Support) Regulations 2001, the Education (Student Support) Regulations 2001 (Amendment) Regulations 2001, the Education (Student Support) (Amendment) (No.2) Regulations 2001 and the Education (Student Support) Regulations 2001 (Amendment) (No.3) Regulations 2002.

Provisions in these Regulations which differ from the corresponding provisions of the 2001 Regulations as amended (except for minor drafting or consequential changes) are indicated by the use of heavy type. Omissions are indicated by the use of dots. Changes of substance made by these Regulations other than rates of fees, grants and loans are described below.

A number of minor changes are made. The definition of “lone parent” is amended in regulation 2(1) to refer to a dependent child or children within the definition of regulation 15(12). Regulation 10(6) and (10)(10) are amended to refer to work experience.

Regulation 7(1)(b) provides that where a full-time eligible student attends another course at another institution with the consent of that institution’s academic authority he can request that the Secretary of State transfer his eligibility in relation to that course. The academic authority’s consent need no longer be in writing or based on educational grounds.

An eligible student attending an initial training of teachers course for which the period of full-time attendance is less than 6 weeks will be entitled to a grant for disabled costs at reduced rates under regulation 13(3).

Under regulation 15(6) an eligible student who is a lone parent and has elected not to be treated as eligible for a grant for dependants childcare costs (regulation 16) will be eligible for an additional grant, if his course began before 1st September 2001 or his course is an end-on course of a kind mentioned in the regulation.

Under regulation 15(12) an eligible student will be entitled to receive grants for dependants. A dependant will include a partner of a different sex with whom the student is living but not married to and the child or children of that partner, if the student is on a course which began on or after 1st September 2000. The student will not be entitled to grants for dependants if his course is an end-on course of a kind mentioned in the regulation.

Regulations 15, 16 and 18 have been amended to provide that an eligible student need not comply with the age requirements in regulation 19(1) in order to obtain a grant for dependants, childcare costs, school meals for dependent children and grants for travel.

Under paragraph 3(1)(c) of Schedule 3 to these Regulations there will be no assessment of parental contribution where an eligible student has been married before the academic year in respect of which the contribution would have applied. This is so whether or not the marriage still subsists.

Regulations 34(1)(b), 35(1)(b) and 35(7)(b) make similar provision in relation to, respectively, a part-time eligible student who transfers to a part-time course at another institution, a full-time eligible student who converts to being a part-time student at another institution and a part-time student who converts to being a full-time student at another institution, to the provision made in relation to a full-time eligible student by regulation 7(1)(b).