The Education (Student Support) Regulations 2011

Assistance for part-time courses in respect of courses beginning before 1st September 2012 E+W

141.—(1) For the purposes of this regulation, the assistance available in respect of a designated part-time course beginning before 1st September 2012—

(a) a grant in respect of fees not exceeding the lesser of the following amounts—

(i) the basic grant, and

(ii) the “actual fees”, being the amount of fees charged to the student in respect of an academic year of the designated part-time course; and

(b) a grant not exceeding [F1 £297] for books, travel and other expenditure in connection with the designated part-time course.

(2) An eligible part-time student does not qualify for assistance under paragraph (1)(b) if the only paragraph in Part 2 of Schedule 1 into which the student falls is paragraph 9.

(3) An eligible part-time student qualifies for assistance in respect of a course [F2 (other than a distance learning course)] beginning before 1st September 2012—

(a) under paragraph (1)(a) if the Secretary of State considers that the student is undertaking the designated part-time course in England; and

(b) under paragraph (1)(b) if the Secretary of State considers that the student is undertaking the designated part-time course in the United Kingdom.

[F3 (3A) Where an eligible part-time student is undertaking a part-time distance learning course, the student does not qualify for support under this regulation in respect of that course unless the Secretary of State considers that the student is undertaking the course in England on the first day of the first academic year.

(3B) A student qualifying for support under this regulation in respect of a part-time distance learning course will no longer qualify support in respect of that course if the Secretary of State considers that the student is undertaking the course outside the United Kingdom.]

[F4 (3C) Paragraphs (3A) and (3B) do not apply to a person who is treated as being ordinarily resident in the United Kingdom by virtue of paragraph 1(4) of Schedule 1 on the basis of temporary employment falling within paragraph 1(5)(a) of that Schedule.]

(4) An eligible part-time student does not qualify for support under this regulation if the student has undertaken one or more part-time courses for eight academic years in aggregate and the student has received in respect of each of those academic years a loan or a grant of the kind described in paragraph (5).

(5) The loans and grants are—

(a) a loan, a grant in respect of fees or a grant for books, travel and other expenditure each made in respect of an academic year of a part-time course pursuant to regulations made under section 22 of the 1998 Act;

(b) a loan, a grant in respect of fees or a grant for books, travel and other expenditure each made in respect of an academic year of a part-time course by the Department for Employment and Learning (Northern Ireland) pursuant to regulations made under Articles 3 and 8(4) of the Education (Student Support) (Northern Ireland) Order 1998; or

(c) a loan in respect of an academic year of a part-time course made pursuant to regulations made under sections 73(f), 73B and 74(1) of the Education (Scotland) Act 1980.

(6) An eligible part-time student does not qualify for support under this regulation if –

(a) the part time course leads to an equivalent or lower qualification where the current course began on or after 1st September 2009; or

(b) the student holds a honours degree from an educational institution in the United Kingdom where—

(i) the current course began before 1st September 2009; or

(ii) the current course begins on or after 1st September 2009 where the student transfers to the current course pursuant to regulation 151 from a part-time course which began before 1st September 2009.

(7) An eligible part-time student is not prevented from qualifying for support under this regulation if –

(a) the current course is a course for the initial training of teachers which started on or after 1st September 2010 and before 1st September 2012;

(b) the duration of the current course does not exceed four years; and

(c) the student is not a qualified teacher .

[F5 (8) Paragraph (6) does not apply where the Secretary of State determines that the following conditions are satisfied—

(a) the student has provided all information required by the Secretary of State in relation to qualifications held by the student;

(b) that information is accurate; and

(c) the Secretary of State has provided written notification that the student qualifies for support under this regulation in respect of an academic year of the current part-time course.

(9) Where paragraph (8) applies, the student qualifies for support under this regulation in accordance with paragraphs (10) to [F6 (12A)] provided that the student would otherwise qualify for support under this regulation in respect of that academic year.

(10) If the Secretary of State makes the determination before the first day of the first academic year of the current part-time course then the student qualifies for support under this regulation in respect of the first academic year of the current part-time course.

(11) If the Secretary of State makes the determination on or after the first day of the first academic year of the current part-time course then the student qualifies for support under this regulation in respect of—

(a) the academic year of the current part-time course during which the Secretary of State makes the determination; and

(b) an academic year of the current part-time course which the student has completed prior to the Secretary of State making the determination.

[F7 (12) Paragraphs (10) and (11) do not apply if the Secretary of State considers that there are exceptional circumstances.]]

[F8 (12A) Where the Secretary of State considers that there are exceptional circumstances, the Secretary of State may determine that the student should qualify for support under this regulation in respect of one or more academic years of the current part-time course, as appropriate, whether or not the student has completed those academic years prior to the Secretary of State making the determination.]

Textual Amendments

F1 Sum in reg. 141(1)(b) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F2 Words in reg. 141(3) inserted (1.8.2012) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(3), 29(a)

F3 Reg. 141(3A)(3B) inserted (1.8.2012) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(3), 29(b)

F4 Reg. 141(3C) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 19

F5 Reg. 141(8)-(12) inserted (with application in accordance with reg. 1(4)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(4)(a), 16

F6 Word in reg. 141(9) substituted (27.2.2018) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 4(3)(a)

F7 Reg. 141(12) substituted (27.2.2018) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 4(3)(b)

F8 Reg. 141(12A) inserted (27.2.2018) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 4(3)(c)