107. In this Part—
(a)“attendance confirmation” means—
(i)confirmation from the academic authority that the student has enrolled for the academic year where—
(aa)the student is applying for support in connection with a designated course for the first time;
(bb)the student has a disability; and
(cc)the student is undertaking the course but not attending (regardless of whether the reason for not attending relates to the student's disability);
(ii)confirmation from the academic authority that the student has been present at the institution and begun to attend the course where—
(aa)the student is applying for support in connection with a designated course for the first time;
(bb)the student's status as an eligible student has not been transferred to the course from another designated course at the same institution; and
(cc)sub-paragraph (i)(cc) does not apply;
(iii)confirmation from the academic authority that the student has enrolled for the academic year where—
(aa)the student is applying for support in connection with a designated course other than for the first time; or
(bb)the student is applying for support in connection with a designated course for the first time after the student's status as an eligible student has been transferred to that course from another course at the same institution;
(b)“payment period” means a period in respect of which the Secretary of State pays the relevant support under Part 5 or Part 6 or would have paid such support if the eligible student's period of eligibility had not terminated.
F1108. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Pt. 9 Ch. 2 omitted (26.11.2020) by virtue of The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/1203), regs. 1(2), 3(9)(a)
109.—(1) The Secretary of State may pay support under Part 5 in instalments.
(2) Subject to paragraph (3), the Secretary of State may pay support under Part 5 at such times as the Secretary of State considers appropriate.
(3) An academic authority is required to send an attendance confirmation to the Secretary of State.
(4) The Secretary of State must not pay the first instalment or, where it has been determined not to pay support under Part 5 by instalments, make any payment of support under that Part to [F2any person] before the Secretary of State has received the attendance confirmation unless an exception applies.
(5) An exception applies if—
(a)a disabled students' allowance is payable in which case that particular grant may be paid before the Secretary of State has received an attendance confirmation; or
(b)the Secretary of State has determined that owing to exceptional circumstances it would be appropriate to make a payment without receiving an attendance confirmation.
(6) Payments of support under Part 5 are to be made in such manner as the Secretary of State considers appropriate and the Secretary of State may make it a condition of entitlement to payment that the eligible student [F3, or in the case of childcare grant, a person seeking payment of prescribed childcare charges] must provide the Secretary of State [F4or such person as the Secretary of State specifies] with particulars of a bank or building society account in the United Kingdom into which payments may be made by electronic transfer.
(7) Where a final assessment cannot be made on the basis of the information provided by the student, the Secretary of State may make a provisional assessment and payment of support under Part 5.
(8) Subject to paragraph (9), no support under Part 5 is due in respect of any day of an academic year on which the eligible student is a prisoner, unless in the opinion of the Secretary of State it would be appropriate in all the circumstances for support to be paid in respect of that day.
(9) Paragraph (8) does not apply in respect of disabled student's allowance where the course began before 1st September 2012.
(10) In deciding whether it would be appropriate for support to be due under paragraph (8) the circumstances to which the Secretary of State must have regard include the financial hardship not paying the support would cause and whether not paying the support would affect the student's ability to continue the course.
(11) No support under Part 5 in respect of the current course is due in respect of any payment period beginning after an eligible student's period of eligibility terminates.
(12) Where an eligible student's period of eligibility terminates on or after the relevant date, the Secretary of State must determine—
(a)the amount of each grant for living and other costs for which the student qualifies that would be payable in respect of the relevant payment period if the eligible student's period of eligibility had not terminated (the “full amount”); and
(b)how much of the full amount is due in respect of the period which runs from the first day of the relevant payment period up to and including the day on which the eligible student's period of eligibility terminated (the “partial amount”).
(13) In this regulation, the “relevant date” is the date on which the first term of the academic year in question actually begins.
(14) If the Secretary of State has made a payment of grant for living and other costs in respect of the relevant payment period before the point in that period at which the eligible student's period of eligibility terminated and that payment exceeds the partial amount of that grant—
(a)the Secretary of State may treat the excess as an overpayment of that grant; or
(b)if the Secretary of State considers that it is appropriate to do so the Secretary of State may extend the student's period of eligibility in respect of that grant until the end of the relevant payment period and determine that the full amount of that grant is due in respect of that payment period.
(15) Subject to paragraph (16), if a payment of a grant for living and other costs in respect of the relevant payment period is due to be made or is made after the eligible student's period of eligibility has terminated, the amount of that grant due is the partial amount unless the Secretary of State considers it appropriate to extend the period of eligibility in respect of that grant until the end of the relevant payment period and to determine that the full amount of that grant is due in respect of that payment period.
(16) Paragraph (15) does not apply to a payment of the disabled students' allowance in respect of specialist equipment.
(17) No support under Part 5 is due in respect of a payment period during any part of which an eligible student is absent from the course, unless in the opinion of the Secretary of State it would be appropriate in all the circumstances for support to be paid in respect of the period of absence.
(18) In deciding whether it would be appropriate for support to be due under paragraph (17) the circumstances to which the Secretary of State must have regard include the reasons for the student's absence, the length of the absence and the financial hardship which not paying the support would cause.
(19) An eligible student is not to be considered absent from the course if the student is unable to attend due to illness and the student's absence has not exceeded 60 days.
(20) Where, after the Secretary of State has made any payment of support under Part 5 or Part 6, the Secretary of State makes a determination of the amount of a grant for living and other costs for which the student qualifies either for the first time or by way of revision of a provisional or other determination of that amount—
(a)if the determination increases the amount of that grant for which the student qualifies the Secretary of State must pay the additional amount in such instalments (if any) and at such times as the Secretary of State considers appropriate;
(b)if the determination decreases the amount of that grant for which the student qualifies the Secretary of State must subtract the amount of the decrease from the amount of that grant which remains to be paid;
(c)if the amount of the decrease is greater than the amount of that grant remaining to be paid the latter amount is reduced to nil and the balance subtracted from any other grant for living and other costs for which the student qualifies in respect of the academic year;
(d)any remaining overpayment is recoverable in accordance with Chapter 5 of this Part.
Textual Amendments
F2Words in reg. 109(4) substituted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 21(a)
F3Words in reg. 109(6) inserted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 21(b)(i)
F4Words in reg. 109(6) inserted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 21(b)(ii)
110.—(1) Subject to paragraph (2)—
(a)fee loans [F5in connection with designated courses] are payable in accordance with regulation 113;
F6(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)loans for living costs [F8in connection with designated courses] and long courses loans are payable in accordance with regulation 116;
(2) Regulations 111 and 112 apply in respect of the payment of F9...loans [F10other than loans for living costs in connection with designated part-time courses].
Textual Amendments
F5Words in reg. 110(1)(a) inserted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Support) (Amendment) (No. 3) Regulations 2018 (S.I. 2018/472), regs. 1(2)(a), 7(a)(i)
F6Reg. 110(1)(b) omitted (26.11.2020) by virtue of The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/1203), regs. 1(2), 3(9)(b)
F7Reg. 110(1)(c) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 44
F8Words in reg. 110(1)(d) inserted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Support) (Amendment) (No. 3) Regulations 2018 (S.I. 2018/472), regs. 1(2)(a), 7(a)(ii)
F9Word in reg. 110(2) omitted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) (No. 3) Regulations 2018 (S.I. 2018/472), regs. 1(2)(a), 7(b)(i)
F10Words in reg. 110(2) inserted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Support) (Amendment) (No. 3) Regulations 2018 (S.I. 2018/472), regs. 1(2)(a), 7(b)(ii)
111.—(1) The Secretary of State may make it a condition of entitlement to payment of any loan that the eligible or qualifying student must provide the Secretary of State with the student's United Kingdom national insurance number.
(2) Where the Secretary of State has imposed a condition under paragraph (1), the Secretary of State must not make any payment of the loan to the eligible or qualifying student before the Secretary of State is satisfied that the student has complied with that condition.
(3) Despite paragraph (2), the Secretary of State may make a payment of loan to an eligible or qualifying student if the Secretary of State is satisfied that owing to exceptional circumstances it would be appropriate to make such a payment without the eligible or qualifying student having complied with the condition imposed under paragraph (1).
112.—(1) The Secretary of State may at any time request from an applicant, eligible student or qualifying student information that the Secretary of State considers is required to recover a loan.
(2) The Secretary of State may at any time require an applicant, eligible student or qualifying student to enter into an agreement to repay a loan by a particular method.
(3) The Secretary of State may at any time request from an applicant, eligible student or qualifying student sight of their valid national identity card, valid passport issued by the state of which they are a national or their birth certificate.
(4) Where the Secretary of State has requested information under this regulation, the Secretary of State may withhold any payment of a loan until the person provides what has been requested or provides a satisfactory explanation for not complying with the request.
(5) Where the Secretary of State has required an agreement as to the method of repayment under this regulation, the Secretary of State may withhold any payment of a loan until the person provides what has been required.
113.—(1) The Secretary of State must pay the fee loan for which an eligible student qualifies to an institution to which the student is liable to make payment.
(2) The Secretary of State may pay the fee loan in instalments.
(3) The Secretary of State must not pay the fee loan or instalment of fee loan until the Secretary of State has received from the academic authority—
(a)a request for payment; and
(b)confirmation (in such form as may be required by the Secretary of State) of the student's attendance on the course for the period to which the instalment relates.
[F11(3A) For a student beginning the current course on or after 1st August 2016, an academic authority must not send confirmation of the student’s attendance to the Secretary of State—
(a)in the case of an institution with degree awarding powers pursuant to section 76 of the Further and Higher Education Act 1992 [F12or sections 42 to 49 of the 2017 Act], until the student is registered on the course at the institution;
(b)in the case of a course validated by an institution with degree awarding powers pursuant to section 76 of the Further and Higher Education Act 1992 [F13or sections 42 to 49 of the 2017 Act], until the validating institution has been notified by the institution teaching the student that the student is studying on the course covered by the validation agreement; or
(c)where neither sub-paragraph (a) or (b) applies, until the student has been registered with the relevant awarding body.]
(4) In this regulation, “confirmation of the student's attendance” means confirmation from the academic authority that the student-
(a)has enrolled for the academic year and has begun to attend (or in the case of a distance learning course undertake) the course for that academic year, where the confirmation relates to payment of the fee loan or the first instalment of the fee loan for the academic year; or
(b)remains enrolled and continues to attend (or in the case of a distance learning course undertake) the course, where the confirmation relates to payment of an instalment of the fee loan other than the first instalment.
(5) The academic authority must inform the Secretary of State if a student ceases to attend or undertake the designated course during the academic year.
Textual Amendments
F11Reg. 113(3A) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 45
F12Words in reg. 113(3A)(a) inserted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 22(2)
F13Words in reg. 113(3A)(b) inserted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 22(2)
F14114. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F14Reg. 114 omitted (26.11.2020) by virtue of The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/1203), regs. 1(2), 3(9)(c)
F15115. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F15Reg. 115 omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 3
116.—(1) The Secretary of State may pay support under Part 6 in instalments.
(2) Subject to paragraph (4), the Secretary of State may pay support under Part 6 at such times as the Secretary of State considers appropriate.
(3) An academic authority is required to send an attendance confirmation to the Secretary of State.
(4) The Secretary of State must not pay the first instalment, or where it has been determined not to pay support under Part 6 by instalments, make any payment of support under Part 6 to the eligible student before the Secretary of State has received an attendance confirmation from the relevant academic authority unless an exception applies.
(5) An exception applies if the Secretary of State has determined that owing to exceptional circumstances it would be appropriate to make a payment without receiving an attendance confirmation.
(6) Where a final assessment cannot be made on the basis of the information provided by the student, the Secretary of State may make a provisional assessment and payment of support under Part 6.
(7) Payments of support under Part 6 are to be made in such manner as the Secretary of State considers appropriate and the Secretary of State may make it a condition of entitlement to payment that the eligible student must provide the Secretary of State with particulars of a bank or building society account in the United Kingdom into which payments may be made by electronic transfer.
(8) Where the Secretary of State has made any payment of support under Part 5 or under Part 6 and a student who qualifies for a loan for living costs or a long courses loan under Part 6 applies for either loan or applies for an additional amount of either loan in respect of an academic year, the Secretary of State may pay that loan (or loans, as the case may be) or that additional amount of loan (or loans, as the case may be) in such instalments (if any) and at such times as the Secretary of State considers appropriate as soon as is reasonably practicable after a satisfactory application has been received.
(9) Subject to paragraph (10), no support under Part 6 is due in respect of any day of an academic year on which the eligible student is a prisoner, unless in the opinion of the Secretary of State it would be appropriate in all the circumstances for support to be paid in respect of that day.
(10) In deciding whether it would be appropriate for support to be due under paragraph (9) the circumstances to which the Secretary of State must have regard include the financial hardship which not paying the support would cause and whether not paying the support would affect the student's ability to continue the course.
(11) No support under Part 6 in respect of the current course is due in respect of any payment period beginning after an eligible student's period of eligibility terminates.
(12) No support under Part 6 is due in respect of a payment period during part of which an eligible student is absent from the course, unless in the opinion of the Secretary of State it would be appropriate in all the circumstances for support to be paid in respect of the period of absence.
(13) In deciding whether it would be appropriate for support to be due under paragraph (12) the circumstances to which the Secretary of State must have regard include the reasons for the student's absence, the length of the absence and the financial hardship which not paying the support would cause.
(14) An eligible student is not to be considered absent from the student's course if the student is unable to attend due to illness and the student's absence has not exceeded 60 days.
(15) Where, after the Secretary of State has made any payment of support under Part 6 for which a student qualifies in respect of an academic year, the Secretary of State makes a determination that the amount of loan for living costs or long courses loan for which the student qualifies is less than the amount previously determined either by way of a revision of a provisional assessment or otherwise—
[F16(a)the Secretary of State must subtract from any amount of loan which remains to be paid under Part 6 such amount as is necessary to ensure that the student does not borrow an amount of loan under Part 6 which is greater than that for which the student qualifies;
(b)if the amount to be subtracted is greater than the amount of loan remaining to be paid under Part 6, the amount of that loan remaining to be paid is reduced to nil;]
(c)any remaining overpayment is recoverable in accordance with Chapter 5 of this Part.
Textual Amendments
117.—(1) Any overpayment of [F18a fee loan] is recoverable by the Secretary of State from—
(a)the academic authority; or
(b)the student in respect of whom the payment of [F18a fee loan] was made.
[F19(1A) A student must, if so required by the Secretary of State, repay any amount of [F20a fee loan] paid in respect of the student which for whatever reason exceeds the amount of [F20a fee loan] to which the student is entitled.]
(2) An overpayment of a fee loan may be recovered from a student under paragraph (1)(b) in whichever one or more of the following ways the Secretary of State considers appropriate in all the circumstances,—
(a)by subtracting the overpayment from any amount of the fee loan which remains to be paid;
[F21(aa)by subtracting the overpayment from any kind of grant or loan payable to the student from time to time pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act;]
(b)by requiring the student to repay the fee loan in accordance with regulations made under section 22 of the 1998 Act;
(c)by taking such other action for the recovery of an overpayment as is available to the Secretary of State.
Textual Amendments
F17Reg. 117 heading substituted (26.11.2020) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/1203), regs. 1(2), 3(9)(d)(i)
F18Words in reg. 117(1) substituted (26.11.2020) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/1203), regs. 1(2), 3(9)(d)(ii)
F19Reg. 117(1A) inserted (23.12.2015) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(2), 46(a)
F20Words in reg. 117(1A) substituted (26.11.2020) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/1203), regs. 1(2), 3(9)(d)(ii)
F21Reg. 117(2)(aa) inserted (23.12.2015) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(2), 46(b)
F22118. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F22Reg. 118 omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 3
119.—(1) [F23A student] must, if so required by the Secretary of State, repay any amount paid to the student under Part 5 or 6 which for whatever reason exceeds the amount of support to which the student is entitled under Part 5 or 6.
(2) The Secretary of State must recover an overpayment of any grant for living and other costs unless the Secretary of State considers it is not appropriate to do so.
(3) The methods of recovery are—
(a)subtracting the overpayment from any kind of grant [F24or loan] payable to the student from time to time pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act;
(b)taking such other action for the recovery of an overpayment as is available to the Secretary of State.
(4) A payment of any grant for living and other costs made before the relevant date is an overpayment if the student withdraws from the course before the relevant date unless the Secretary of State decides otherwise.
(5) In this regulation, the “relevant date” is the date on which the first term of the academic year in question actually begins.
(6) In the circumstances in paragraph (7) or (8), there is an overpayment of the disabled students' allowance unless the Secretary of State decides otherwise.
(7) The circumstances are—
(a)the Secretary of State applies all or part of the disabled students' allowance to the purchase of specialist equipment on behalf of the F25... student;
(b)the student's period of eligibility terminates after the relevant date; and
(c)the equipment has not been delivered to the student before the student's period of eligibility terminates.
(8) The circumstances are—
(a)the F26... student's period of eligibility terminates after the relevant date; and
(b)a payment of the disabled students' allowance in respect of specialist equipment is made to the student after the student's period of eligibility terminated.
(9) Where there is an overpayment of the disabled students' allowance, the Secretary of State may accept the return of specialist equipment purchased with the grant by way of recovery of all or part of the overpayment if the Secretary of State considers it is appropriate to do so.
[F27(10) Any overpayment of a loan for living costs or a long courses loan in respect of any academic year is recoverable by the Secretary of State from the student to whom the payment was made.]
[F28(11) The methods of recovery are—
(a)subtracting the overpayment from any kind of grant or loan payable to the student from time to time pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act;
(b)requiring the student to repay the loan in accordance with regulations made under section 22 of the 1998 Act;
(c)taking such other action for the recovery of an overpayment as is available to the Secretary of State.]
F29(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F23Words in reg. 119(1) substituted (23.12.2015) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(2), 47(a)
F24Words in reg. 119(3)(a) inserted (23.12.2015) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(2), 47(b)
F25Word in reg. 119(7)(a) omitted (23.12.2015) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(2), 47(c)
F26Word in reg. 119(8)(a) omitted (23.12.2015) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(2), 47(c)
F27Reg. 119(10) substituted (23.12.2015) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(2), 47(d)
F28Reg. 119(11) substituted (23.12.2015) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(2), 47(e)
F29Reg. 119(12) omitted (23.12.2015) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(2), 47(f)