The Education (Student Support) Regulations 2011

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Previous courseE+W

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12.—(1) Subject to the exceptions in paragraphs (4) to (7), a “previous course” is—

(a)where the current course began before 1st September 2009, any full-time higher education course, a course for the initial training of teachers or a course designated under regulation 5(10), which the student attended or, in the case of [F1an intensive course] or [F2a full-time] distance learning course, undertook before the current course and which meets [F3any] of the conditions in paragraph (2);

(b)where the current course begins on or after 1st September 2009—

(i)a lower level qualification achieved following a full-time or part-time higher education course, a course for the initial training of teachers or a course designated under regulation 5(10), which the student attended or, in the case of [F1an intensive course] or a F4... distance learning course, undertook before the current course;

(ii)a full-time higher education course, a course for the initial training of teachers or a course designated under regulation 5(10), which the student attended, or in the case of [F1an intensive course] or a [F5full-time] distance learning course, undertook before the current course where the student studied but did not achieve a qualification and which meets [F6any] of the conditions in paragraph (3); or

(iii)a full-time higher education course, a course for the initial training of teachers or a course designated under regulation 5(10), which the student attended or, in the case of [F1an intensive course] or [F7a full-time] distance learning course, undertook before the current course where—

(aa)the course meets [F8any] of the conditions in paragraph (2); and

[F9(bb)the student’s status as an eligible student has been transferred or converted under these Regulations to the current course from a course which began before 1st September 2009.]

(2) The conditions are—

[F10(a)the course was provided by an institution which was a registered provider in England or by a publicly funded institution in the United Kingdom for some or all of the academic years during which the student attended or undertook the course;

(aa)the course was provided by an accredited institution which was an unregistered provider for some or all of the academic years during which the student attended or undertook the course; or]

(b)any scholarship, exhibition, bursary, grant, allowance or [F11statutory award] which was paid in respect of the student's attending or, in the case of [F1an intensive course] or a F12... distance learning course, undertaking the course to defray fees was from public funds or funds attributable to public funds.

(3) The conditions are—

(a)the course was provided at [F13a registered provider or] a publicly funded institution whether or not in the United Kingdom [F14or a regulated institution] for some or all of the academic years during which the student attended or undertook the course; F15...

[F16(aa)the course was provided by an accredited institution which was an unregistered provider for some or all of the academic years during which the student attended or undertook the course; or]

(b)any scholarship, exhibition, bursary, grant, allowance or [F17statutory award] which was paid in respect of the student's attending or, in the case of [F1an intensive course] or a [F18full-time] distance learning course, undertaking the course to defray fees was from public funds or funds attributable to public funds.

(4) A course which would otherwise be a previous course will not be treated as such if—

(a)the current course is a course for the initial training of teachers;

(b)the duration of the current course does not exceed two years F19... ; and

(c)[F20where the current course falls within regulation 2(1ZA)(a), (b), (c) or (d),] the student is not a qualified teacher.

F21(4ZA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F22(4A) A course which would otherwise be a previous course is not F23... [F24to be] treated as such if the current course—

(a)is a pre-registration course in an allied health profession subject, midwifery, nursing, nursing and social work, or operating department practice;

[F25(b)leads to—

(i)an ordinary degree or an honours degree;

(ii)in respect of a course in a dental profession subject, an ordinary degree, an honours degree, a diploma or a foundation degree; or

(iii)in respect of a course in operating department practice, an ordinary degree, an honours degree or a diploma;]

(c)begins on or after 1st August 2017 F26.... [F27or, in the case of a course in a dental profession subject, begins on or after 1st August 2018]]

(4B) [F28A course which would otherwise be a previous course is not to be treated as such if the current course is a postgraduate pre-registration course which begins on or after 1st August 2018.]

(5) A course which would otherwise be a previous course will not be treated as such if the current course is a graduate entry accelerated programme.

(6) A course for the Certificate in Education which would otherwise be a previous course will not be treated as such if—

(a)the current course is a course for the degree (including an honours degree) of Bachelor of Education; and

(b)the student transferred to the current course from the course for the Certificate in Education before the completion of that course or began the current course on completion of the course for the Certificate in Education.

(7) A course for the degree (other than an honours degree) of Bachelor of Education will not be treated as a previous course if—

(a)the current course is a course for the honours degree of Bachelor of Education; and

(b)the student transferred to the current course from the course for the degree (other than an honours degree) of Bachelor of Education before the completion of that course or began the current course on completion of the course for the degree (other than an honours degree) of Bachelor of Education.

(8) Subject to paragraphs (9), (10) and (11), for the purpose of determining PC in the [F29formula in regulation 21] —

(a)each academic year that the student completed on a previous course is counted; and

(b)an academic year of a previous course that the student began or ceased to attend part of the way through the year is counted as one academic year on a previous course.

(9) For the purpose of determining PC in the [F30formula in regulation 21] where the student began the current course before 1st September 2009, an academic year of a previous course is not to be counted as a year spent on a previous course if—

(a)the student did not qualify for [F31a fee loan] for that year other than because the academic year was a bursary year or an Erasmus year; and

(b)the student qualified for [F32a fee loan] for some but not all of the other academic years of that previous course.

(10) For the purpose of determining PC in the [F33formula in regulation 21], an academic year of a previous course is not to be counted as a year spent on a previous course if it was a year of repeat study that the student was taking for compelling personal reasons or a year in relation to which the student qualified for [F34a fee loan] because the student had failed to complete a previous course for compelling personal reasons.

(11) For the purpose of determining PC in the [F35formula in regulation 21], where a student (“A”) transfers from an academic year of one designated course to an academic year of another designated course before the Secretary of State considers that A has completed the year from which A is transferring, the time spent by A during the academic year in which the transfer takes place on the course from which A is transferring is not counted as a year spent on a previous course.

(12) A student (“A”) who undertook a previous course but was not in attendance because A was unable to attend for a reason which related to A's disability is only F36... [F37to be] treated as having been in attendance on the previous course in respect of periods of study beginning on or after 1st September 2006.

Textual Amendments

F1Words in reg. 12 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), 6(2)

F2Words in reg. 12(1)(a) 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), regs. 1(2), 6(4)

F3Word in reg. 12(1)(a) substituted (13.2.2020) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/48), regs. 1(1), 18(2)

F4Word in reg. 12(1)(b)(i) omitted (7.11.2014) by virtue of The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(2), 5(a)(i)

F5Word in reg. 12(1)(b)(ii) substituted (7.11.2014) by The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(2), 5(a)(ii)

F6Word in reg. 12(1)(b)(ii) substituted (13.2.2020) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/48), regs. 1(1), 18(2)

F7Words in reg. 12(1)(b)(iii) 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), regs. 1(2), 6(4)

F8Word in reg. 12(1)(b)(iii)(aa) substituted (13.2.2020) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/48), regs. 1(1), 18(2)

F9Reg. 12(1)(b)(iii)(bb) substituted (7.11.2014) by The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(2), 5(a)(iii)

F10Reg. 12(2)(a)(aa) substituted for reg. 12(2)(a) (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), 6(3)

F11Words in reg. 12(2)(b) substituted (7.11.2014) by The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(2), 5(b)(i)