The Education (Student Support) Regulations 2011

General qualifying conditions for grants for living and other costs E+W

38.—(1) An eligible student qualifies for a grant under this Part provided that the student—

(a) is not excluded from qualification by any of the following paragraphs; and

(b) satisfies the qualifying conditions for the particular grant for which the student is applying.

(2) An eligible student does not qualify for a grant under this Part, other than for a disabled students' allowance, in respect of a distance learning course [F1 unless the student is treated as being in attendance on the designated course under regulation 39].

(3) An eligible student does not qualify for a grant under this Part if the only paragraph [F2 or paragraphs in Part 2 of Schedule 1 into which the student falls is one or more of [F3 paragraphs 2A, 3(1)(d)(ii), 6A(1)(c)(ii), 7A(1)(b)(ii), 9, 9A, 9BA, 9BB, 9C, 9D, 10, 10ZA, 11A(c)(ii) and 12A(d)(ii).]

(4) An eligible student does not qualify for a grant under this Part in respect of—

(a) an academic year which is a bursary year[F4 .]

F5 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) An eligible student does not qualify for a grant under this Part in respect of any academic year of a sandwich course where the periods of full-time study are in aggregate less than 10 weeks unless the periods of work experience constitute unpaid service.

(7) For the purposes of paragraph (6), “unpaid service” means—

(a) unpaid service in a hospital or in a public health service laboratory or with [F7 an integrated care board] in the United Kingdom;

(b) unpaid service with a local authority in the United Kingdom acting in the exercise of its functions relating to the care of children and young persons, health or welfare or with a voluntary organisation providing facilities or carrying out activities of a like nature in the United Kingdom;

[F8 (ba) unpaid service with a local authority (within the meaning of section 2B of the National Health Service Act 2006) acting in the exercise of public health functions (within the meaning of that Act);]

(c) unpaid service in the prison or probation and aftercare service in the United Kingdom;

(d) unpaid research in an institution in the United Kingdom or, in the case of a student attending an overseas institution as part of the student's course, in an overseas institution; F9 ...

(e) unpaid service with—

[F10 (i) a Special Health Authority established pursuant to section 28 of the National Health Service Act 2006;

(ia) [F11 NHS England];

(ib) the National Institute for Health and Care Excellence;

F12 (ic) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(ii) a Local Health Board established pursuant to section 11 of the National Health Service (Wales) Act 2006 M1 or a Special Health Authority established pursuant to section 22 of that Act;

(iii) a Health Board or a Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978 M2 ; or

(iv) a Health and Social Services Board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972 M3 [F13 ; or]

[F14 (f) unpaid service with either House of Parliament.]

[F15 (8) Where a protected category event which results in a student becoming an eligible student occurs—

(a) in the course of the first academic year of a course; and

(b) on or before the course start date,

the student may qualify for a particular grant in accordance with this Part in respect of that academic year.

(8A) Subject to paragraph (8B), where—

(a) a course designation event which results in a student’s course becoming a designated course occurs in the course of an academic year; or

(b) an in-year qualifying event (other than a settled status event) which results in a student becoming an eligible student occurs in the course of an academic year,

the student may qualify for a particular grant in accordance with this Part in respect of part of that academic year.

(8B) A student does not qualify for such a grant in respect of any academic year beginning before the academic year in which the event in question occurs.]

F16 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) Subject to paragraph (11), an eligible student does not qualify for a grant under this Part if the student is a prisoner.

(11) Paragraph (10) does not apply in respect of disabled students' allowance for a course beginning before 1st September 2012.]

Textual Amendments

F1 Words in reg. 38(2) inserted (1.8.2013) by The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(3), 10

F2 Words in reg. 38(3) substituted (1.3.2021) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 (S.I. 2021/127), regs. 1(1), 7(a)

F3 Words in reg. 38(3) substituted (with application in accordance with reg. 1(3)(d) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 11(3)

F4 Full stop in reg. 38(4)(a) substituted for semi-colon (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), 16(a)(i)

F5 Reg. 38(4)(b)(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), 16(a)(ii)

F6 Reg. 38(5) 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), 16(b)

F7 Words in reg. 38(7)(a) substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), reg. 1(2), Sch. para. 1(1)(3) (with Sch. para. 1(2))

F8 Reg. 38(7)(ba) inserted (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 165(b) (with Sch. 3 para. 24)

F9 Word in reg. 38(7)(d) omitted (7.11.2014) by virtue of The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(2), 8(a)

F10 Reg. 38(7)(e)(i)-(ic) substituted for reg. 38(7)(e)(i) (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 165(c) (with Sch. 3 para. 24)

F11 Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1

F12 Reg. 38(7)(e)(ic) omitted (1.2.2023) by virtue of The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 42 (with reg. 3)

F13 Word in reg. 38(7)(e)(iv) substituted for full-stop (7.11.2014) by The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(2), 8(b)

F14 Reg. 38(7)(f) inserted (7.11.2014) by The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(2), 8(c)

F15 Reg. 38(8)-(8B) substituted for reg. 38(8) (with application in accordance with reg. 2(4)(5)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), regs. 1, 17

F16 Reg. 38(9) omitted (1.3.2021) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 (S.I. 2021/127), regs. 1(1), 7(c)

Marginal Citations

M1 2006 c.42.

M2 1978 c.29 to which there have been amendments not relevant to these regulations.

M3 S.I. 1972/1265 (N.I. 14), to which there have been amendments not relevant to these regulations.