PART 4FEE SUPPORT

CHAPTER 3FEE LOANS FOR CURRENT SYSTEM STUDENTS

Availability of fee loans to current system students - generalI120

1

A current system student does not qualify for a fee loan F6or relevant institution charge loan in respect of a designated course if—

a

the designated course leads to an equivalent or lower qualification, the exemptions in regulation 14(1) to (4) do not apply and the student begins the course on or after 1st September 2009;

b

the student has an honours degree from an institution in the United Kingdom, the exemptions in regulation 14(1), (2) or (5) do not apply;

c

the student has an honours degree from an institution in the Republic of Ireland for which he received financial support under previous regulations and the exemptions in regulation 14(1), (2) or (5) do not apply; or

d

the designated course is an old flexible postgraduate course for the initial training of teachers.

2

Notwithstanding paragraph (1)(a) to (c), a current system student qualifies for fee support in respect of a course leading to a degree in social work at an educational institution in Northern Ireland.

3

A current system student does not qualify for a fee loan F6or relevant institution charge loan in respect of—

a

an academic year of a designated course that is F10

i

a bursary year;

ii

an Erasmus year of a course provided by an institution in Northern Ireland F19...; or

iii

an Erasmus year of a course provided by an institution in England F20, Wales or Scotland where the course began before 1st September 2012; or

b

a year for which he is in receipt of funding from the Department to participate in a management development programme known as F11Study USA.

4

When assessing an application for support in respect of an academic year of a designated course, the Department must determine the “standard entitlement”.

5

The standard entitlement is calculated in accordance with regulation 21, 22, 23 or 24.

6

When assessing an application for support in respect of an academic year of a designated course, the Department must allocate a fee loan F6or relevant institution charge loan from the standard entitlement first to the final standard academic year of the course and then to each preceding standard academic year in turn until the standard entitlement is exhausted or a fee loan F6or student contribution charge has been allocated to each standard academic year of the course.

7

A current system student qualifies for a fee loan F6or relevant institution charge loan in respect of a standard academic year of the designated course if the Department allocates a fee loan F6or relevant institution charge loan to that year when assessing the application for support for that year.

F128

In addition to the standard entitlement, a current system student who falls within regulation 23 and has failed to complete the most recent previous course because of compelling personal reasons qualifies for a fee loan in respect of the first academic year that the student takes of the designated course that is not—

a

a bursary year;

b

an Erasmus year of a course provided by an institution in Northern Ireland F21...; or

c

an Erasmus year of a course provided by an institution in England F22, Wales or Scotland where the course began before 1st September 2012;

F158A

In addition to the standard entitlement, a current system student to whom regulation 24(2) applies qualifies for a fee loan or relevant institution charge loan in respect of the first academic year that the student takes of the designated course that is not a bursary year or an Erasmus year of a course provided by an institution in Northern Ireland F23... where—

a

the current course begins on or after 1st September 2014; and

b

the preliminary course was a part-time course.

9

Where a current system student qualifies for a fee loan F6or relevant institution charge loan under paragraph (8), the Department must not allocate a fee loan F6or relevant institution charge loan under paragraph (6) to the first academic year that the student takes of the designated course that is not F13

a

a bursary year;

b

an Erasmus year of a course provided by an institution in Northern Ireland F24...; or

c

an Erasmus year of a course provided by an institution in England F25, Wales or Scotland where the course began before 1st September 2012;.

F169A

Where a current system student qualifies for a fee loan or relevant institution charge loan under paragraph (8A), the Department must not allocate a fee loan or relevant institution charge loan under paragraph (6) to the first academic year that the student takes of the designated course that is not a bursary year or an Erasmus year of a course provided by an institution in Northern Ireland F26....

10

In addition to the standard entitlement, if the Department determines that the student is repeating an academic year of the designated course because of compelling personal reasons, a current system student qualifies for a fee loan F6and student contribution charge in respect of the year of repeat study provided that the academic year that the student is repeating was a qualifying year of study and the year of repeat study is not a bursary year.

11

A current system student qualifies for a fee loan F6and student contribution charge in respect of an academic year of a designated course that is a year of repeat study which the student is taking other than for compelling personal reasons if—

a

the academic year which the student is repeating was a qualifying year of study;

b

the academic year of repeat study is not a bursary year; and

c

when the academic year of repeat study is added to the number of any other academic years of repeat study that the student has already taken on the current course other than for compelling personal reasons, it does not exceed the number of additional years of support.

12

In this regulation, the “number of additional years of support” is the number of years which make up the standard entitlement less the number of standard academic years (plus one where the student qualifies for a fee loan F6or relevant institution charge loan under paragraph (8) F17(or 8A)).

13

The amount of the fee loan F18... in respect of an academic year is determined in accordance with regulation 25 and may be nil.

F1414

The amount of the relevant institution charge loan in respect of an academic year is determined in accordance with regulation 25A and may be nil.

Standard entitlement of current system students who have not studied on a previous courseI221

Subject to regulation 22, the standard entitlement of a current system student who has not studied on a previous course is calculated as follows—

OD+1math

where

  • OD is the number of academic years that make up the ordinary duration of the course.

Annotations:
Commencement Information
I2

Reg. 21 in operation at 17.12.2009, see reg. 1(1)

Standard entitlement – course leading to degree in social workI322

1

Where the current course is a course leading to a degree in social work at an educational institution in Northern Ireland, the standard entitlement of a current system student is as follows—

OD+1math

where

  • OD is the number of academic years that make up the ordinary duration of the current course.

2

Paragraph (1) also applies where—

a

the current course in relation to that student falls under paragraph (a) of the definition of “end-on course”; or

b

the student has studied on a previous course other than a course mentioned in sub-paragraph (a).

3

Where this regulation applies, regulations 23 and 24 do not apply.

Annotations:
Commencement Information
I3

Reg. 22 in operation at 17.12.2009, see reg. 1(1)

Standard entitlement of current system students who have transferred from or otherwise studied on a previous courseI423

1

The standard entitlement of a current system student who has studied on a previous course and who does not fall within regulation 22 or 24 is calculated as follows—

(OD+1)PCmath

where

  • OD is the number of academic years that make up the ordinary duration of the course

  • PC is the number of academic years that the student has spent on previous courses.

2

For the purposes of this regulation, a “current system student who has studied on a previous course” includes a current system student whose status as an eligible student has been transferred to the current course as a result of one or more transfers of that status by the Department pursuant to regulations made by the Department under Article 3 of the Order from a designated course which—

a

is a previous course; and

b

the student began on or after 1st September 2006.

Annotations:
Commencement Information
I4

Reg. 23 in operation at 17.12.2009, see reg. 1(1)

Standard entitlement of current system students on end-on courses and certain degree coursesI524

1

Where the current course began before 1st September 2009, this regulation applies to—

a

a current system student who is on an end-on course of the kind described in paragraph (a) or (b) of the definition of “end-on course” in regulation 2;

b

a current system student who—

i

has completed a full-time course mentioned in paragraph 2 or 3 of Schedule 3;

ii

is on a full-time first degree course (other than a first degree course for the initial training of teachers) that the student did not begin immediately after the course referred to in paragraph (i); and

iii

has not taken a full-time first degree course after the course referred to in paragraph (i) and before the current course;

c

a current system student who—

i

has completed a full-time foundation degree course;

ii

is on a full-time honours degree course that the student did not begin immediately after the course referred to in paragraph (i); and

iii

has not taken a full-time first degree course after the course referred to in paragraph (i) and before the current course.

2

Where the current course begins on or after 1st September 2009, this regulation applies to—

a

a current system student who is on an end-on course of the kind described in paragraph (d) of the definition of “end-on course” in regulation 2;

b

a current system student who—

F1i

has completed a course mentioned in paragraph 2, 3 or 4 of Schedule 3 or overseas equivalent, or a foundation degree course or overseas equivalent, on a full-time, part-time or full-time distance learning basis having achieved a qualification;

ii

is on a full-time first degree course (other than a first degree course for the initial training of teachers) that the student did not begin immediately after the course referred to in paragraph (i); and

iii

has not taken a full-time first degree course after the course referred to in paragraph (i) and before the current course.

3

Regulations 21, 22 and 23 do not apply to students to whom this regulation applies.

4

The standard entitlement of a student to whom paragraph (1) applies is calculated as follows—

(D+X)PrCmath

where

  • D is the greater of 3 and the number of academic years that make up the ordinary duration of the course

  • X is 1 where the ordinary duration of the preliminary course was less than three years and 2 where the ordinary duration of the preliminary course was three years

  • PrC is the number of academic years that the student spent on the preliminary course excluding any years of repeat study for compelling personal reasons.

5

The standard entitlement of a student to whom paragraph (2) applies is calculated as follows–-

(D+X)PrCmath

where

  • D is the greater of 3 and the number of academic years that make up the ordinary duration of the course

  • X is—

    1. 1

      where the ordinary duration of the preliminary course was less than three years,

    2. 2

      where the ordinary duration of the preliminary course was three years,

    3. 3

      where the ordinary duration of the preliminary course was four years,

    4. 4

      where the ordinary duration of the preliminary course was five years, and

    5. 5

      where the ordinary duration of the preliminary course was six years

  • PrC is the number of academic years that the student spent on the preliminary course excluding any years of repeat study for compelling personal reasons.

Amount of the fee loanI625

1

Unless one of the cases set out in paragraph (3) applies, the amount of a fee loan in respect of an academic year of a designated course F29mentioned in paragraph (2C) must not exceed the lesser of—

a

F27£9,250; and

b

the fees payable by the student in connection with that year.

2

In the cases set out in paragraph (3), the amount of a fee loan in respect of an academic year of a designated course F30mentioned in paragraph (2C) must not exceed the lesser of—

a

F28£4,625; and

b

the fees payable by the student in connection with that year.

F22A

Unless one of the cases set out in paragraph (3) applies, the amount of a fee loan in respect of an academic year of a designated course F31mentioned in paragraph (2D) must not exceed the lesser of—

a

F38£4,530; and

b

the fees payable by the student in connection with that year.

2B

In the cases set out in paragraph (3), the amount of a fee loan in respect of an academic year of a designated course F32mentioned in paragraph (2D) must not exceed the lesser of—

a

F39£2,250; and

b

the fees payable by the student in connection with that year.

F332C

The designated courses for the purposes of paragraphs (1) and (2) are designated courses:-

F35a

provided by or on behalf of a publicly funded institution in Northern Ireland or Scotland or by an approved (fee cap) provider in England;

b

provided by or on behalf of a publicly funded institution in Wales, where the course began before 1st September 2017;

c

provided by or on behalf of a regulated institution in Wales, where the course begins on or after 1st September 2017.

2D

The designated courses for the purposes of paragraphs (2A) and (2B) are designated courses:-

F36a

provided by a private institution (other than a publicly funded institution) in Northern Ireland or Scotland or by an approved provider in England.

b

provided by a private institution (other than on behalf of a publicly funded institution) in Wales, where the course began before 1st September 2017;

c

provided by a non-regulated institution (other than on behalf of a regulated institution) in Wales, where the course begins on or after 1st September 2017.

3

The cases are—

a

the final academic year of a designated course where that academic year is normally required to be completed after less than 15 weeks’ attendance;

b

in respect of a sandwich course, an academic year—

i

during which any periods of full-time study are in aggregate less than 10 weeks; or

ii

if in respect of that academic year and any previous academic years of the course the aggregate of any one or more periods of attendance which are not periods of full-time study at the institution (disregarding intervening vacations) exceeds 30 weeks;

c

in respect of a course for the initial training of teachers, an academic year during which any periods of full-time study are in aggregate less than 10 weeks;

d

in respect of a course provided in conjunction with an overseas institution, an academic year—

i

during which any periods of full-time study at the institution in the United Kingdom or the Republic of Ireland are in aggregate less than 10 weeks; or

ii

if in respect of that academic year and any previous academic years of the course the aggregate of any one or more periods of attendance which are not periods of full-time study at the institution in the United Kingdom or the Republic of Ireland (disregarding intervening vacations) exceeds 30 weeks.

4

If a student’s status as an eligible student is transferred from one designated course to another under these Regulations and the circumstances in paragraph (5) apply, the student may apply to the Department to borrow an additional amount by way of a fee loan in respect of the academic year of the course to which that student transfers.

5

The circumstances are—

a

the fees payable in respect of the academic year of the course to which the current system student transfers exceed the fees F7or student contribution charge payable in respect of the academic year of the course from which the student is transferring; and

b

the academic year of the course to which the current system student transfers does not begin on a later date than the academic year of the course from which the student is transferring.

6

If a student’s status as an eligible student is transferred from one designated course to another under these Regulations and the circumstances in paragraph (7) apply, the student may apply to the Department for F8a fee loan or another fee loan in respect of the academic year of the course to which the student transfers.

7

The circumstances are that the academic year of the course to which the current system student transfers begins on a later date than the academic year of the course from which that student is transferring.

8

Where the circumstances in paragraph (5) apply, the maximum additional amount that the current system student may borrow in respect of the academic year to which that student transfers, provided that the student qualifies for a fee loan in respect of that year, is determined by deducting the amount of any fee loan F9or relevant institution charge loan the student has taken out under these Regulations in respect of the academic year from which the student is transferring from the lesser of—

F3a

the amount specified in paragraph (1)(a), (2)(a), (2A)(a) or (2B)(a) as the case may be; and

b

the fees payable by the student in respect of the academic year to which the student is transferring.

9

Where the circumstances in paragraph (7) apply, the maximum amount of fee loan that a current system student may borrow in respect of the academic year to which that student transfers provided that the student qualifies for a fee loan in respect of that year is the lesser of—

F4a

the amount specified in paragraph (1)(a), (2)(a), (2A)(a) or (2B)(a) as the case may be; and

b

the fees payable by the student in connection with that year.

10

Where a current system student has applied for a fee loan of less than the maximum amount available in relation to an academic year, that student may apply to borrow an additional amount which when added to the amount already applied for does not exceed the relevant maximum applicable in that student’s case.

F3411

Where the circumstances in paragraph (12) apply, the amount of a fee loan must not exceed the lesser of—

a

£1,385; and

b

the fees payable by the student in connection with that year.

12

This paragraph applies in respect of an Erasmus year of a course provided by an institution in England, Wales or Scotland which begins on or after 1st September 2017.

F3713

Where the current course is a course for the initial training of teachers provided by an accredited institution which is an unregistered provider, the amount of a fee loan must not exceed the lesser of-

a

£9,250; and

b

The fees payable by the student in connection with that year.

14

Where—

a

the current course is an accelerated course provided by or on behalf of an approved (fee cap) provider in England, which begins on or after 1st August 2019, the amount of a fee loan must not exceed the lesser of-—

i

£11,100; and

ii

The fees payable by the student in connection with that year.”.

b

the current course is an accelerated course provided by or on behalf of an approved provider in England, which begins on or after 1st August 2019, the amount of a fee loan must not exceed the lesser of—

i

F40£4,530; and

ii

The fees payable by the student in connection with that year.

F5Amount of relevant institution charge loan25A

1

The amount of the relevant institution charge loan in respect of an academic year of a designated course must not exceed the amount of the student contribution charge payable by the student to the relevant institution of higher education in the Republic of Ireland in connection with that year.

2

Where a current system student has applied for a relevant institution charge loan of less than the maximum amount available in relation to the academic year, the student may apply to borrow an additional amount which, when added to the amount already applied for, does not exceed the maximum amount available.

3

The amount of relevant institution charge loan will be converted from euro to sterling using the average euro to sterling conversion rate published by Her Majesty’s Revenue and Customs5 for the calendar year preceding the start of the academic year for which the eligible student applies for the relevant institution charge loan.

4

If a student’s status as an eligible student is transferred from one designated course to another under these Regulations and the circumstances in paragraph (5) apply, the student may apply to the Department to borrow an additional amount by way of a relevant institution charge loan in respect of the academic year of the course to which that student transfers.

5

The circumstances are—

a

the student contribution charge payable in respect of the academic year of the course to which the current system student transfers exceeds the fees or student contribution charge payable in respect of the academic year of the course from which the student is transferring; and

b

the academic year of the course to which the current system student transfers does not begin on a later date than the academic year of the course from which the student is transferring.

6

If a student’s status as an eligible student is transferred from one designated course to another under these Regulations and the circumstances in paragraph (7) apply, the student may apply to the Department for a relevant institution charge loan or another relevant institution charge loan in respect of the academic year of the course to which the student transfers.

7

The circumstances are that the academic year of the course to which the current system student transfers begins on a later date than the academic year of the course from which that student is transferring.

8

Where the circumstances in paragraph (5) apply, the maximum additional amount that the current system student may borrow in respect of the academic year to which that student transfers, provided that the student qualifies for a relevant institution charge loan in respect of that year, is determined by deducting the aggregate amount of any fee loan and any relevant institution charge loan the student has taken out under these Regulations in respect of the academic year from which the student is transferring from the student contribution charge payable by the student in respect of the academic year to which the student is transferring.

9

Where the circumstances in paragraph (7) apply, the maximum amount of relevant institution charge loan that a current system student may borrow in respect of the academic year to which that student transfers provided that the student qualifies for a relevant institution charge loan in respect of that year is the student contribution charge payable by the student in connection with that year.

10

Where a current system student has applied for a relevant institution charge loan of less than the amount available in relation to an academic year, that student may apply to borrow an additional amount which when added to the amount already applied for does not exceed the relevant maximum applicable in that student’s case.