The Student Support (Scotland) Regulations 2022

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations consolidate the Students’ Allowances (Scotland) Regulations 2007 (S.S.I. 2007/153), (“the Allowances Regulations”), the Nursing and Midwifery Student Allowances (Scotland) Regulations 2007 (S.S.I. 2007/151), (the Nursing and Midwifery Allowances Regulations”), the Education (Student Loans) (Scotland) Regulations 2007 (S.S.I. 2007/154), (“the Student Loans Regulations”), the Education (Student Loans for Tuition Fees) (Scotland) Regulations 2006 (S.S.I. 2006/333), (“the SLTF Regulations”), the Education Authority Bursaries (Scotland) Regulations 2007 (S.S.I. 2007/149) (“the Bursaries Regulations”) and the Education Maintenance Allowances (Scotland) Regulations 2007 (S.S.I. 2007/156) (“the EMA Regulations”).

In addition to minor and drafting alterations, these Regulations revoke and replace those six sets of regulations and make amendments to extend eligibility of student support to new categories of students. These include Afghan nationals who have been granted leave under the Afghan Resettlement Scheme or under the Afghan Relocation and Assistance Policy Scheme (paragraph 13 of schedule 1) and those who have applied to the Ukraine Family Scheme, Ukraine Sponsorship Scheme, the Ukraine Extension Scheme or for leave outside the immigrations rules, and have either been granted leave or have an outstanding application to that scheme (paragraph 14 of schedule 1.)

Parts 2 to 6 regulate the exercise by the Scottish Ministers or education authorities of their powers under the Education Scotland Act 1980 to pay student support to or for persons who fulfil certain criteria as to eligibility and they prescribe the conditions and requirements subject to which student support may be paid.

Part 2 consolidates the Allowances Regulations and regulates the provision of allowances provided to or for eligible students attending courses of education.

Part 3 consolidates the Nursing and Midwifery Allowances Regulations and extends support to those persons undertaking a course of education in paramedic science. This Part regulates the provision of allowances to or for persons undertaking courses of education in nursing and midwifery

Part 4 consolidates and amalgamates the Student Loans Regulations and SLTF Regulations. It regulates the provision of loans for students studying in Scotland, and loans for tuition fees for eligible students attending designated courses provided by an institution located in the UK but outside Scotland (“an RUK institution”).

Part 5 consolidates the Bursaries Regulations and regulates the provision by education authorities of bursaries for persons undertaking courses of study in their area.

Part 6 consolidates the EMA Regulations and regulates the provision of education maintenance allowances to persons undertaking courses of education.

Schedule 1 and 2 list the categories of students eligible for the various forms of student support.

Schedule 3 determines whether a person is to be treated as being, or having been, ordinarily resident in a place at, or for, a particular time.

Schedule 4 lists courses which are designated for the purposes of student loans or student loans for tuition fees at RUK institutions.

Schedule 5 lists the Regulations being revoked.