The Education (Student Support) (No. 2) Regulations 2002 (Amendment) Regulations 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Education (Student Support) (No. 2) Regulations 2002 (“the Student Support Regulations”).

The Regulations revoke the Education (Student Support) (Amendment) (No. 3) Regulations 2002 on 1^st September 2003 (regulation 3).

Changes of substance made by these Regulations are described below.

The amendments to regulations 12 and 29 and paragraph 6 of Schedule 3 correct drafting errors (regulations 4, 9 and 11 respectively).

Regulation 16(1) is amended to provide that unless an eligible student or his spouse has elected not to receive the childcare element of the working tax credit he cannot be eligible for a grant in respect of childcare costs (regulation 5).

Regulations 19(1), (2) and (10) and 23(5) and (6) are amended to provide for the London rate of loan to apply in respect of any quarter of a course which requires attendance or the undertaking of work experience, or a combination of the two, for at least half the time in aggregate of that quarter within the London area (regulations 6(2) and 7(5)).

Regulation 19 is further amended as follows. Paragraph (6) is amended to omit eligible students attending courses within the London area (other than courses at the University of London) from being subject to the Secretary of State’s determination as to which rates of loan shall apply for each quarter (regulation 6(3)). A new paragraph (6A) is inserted to prescribe the rate of loan for each relevant quarter for an eligible student who attends a course (other than a course at the University of London) which requires attendance or the undertaking of work experience, or a combination of the two, for at least half the time in aggregate of that quarter within the London area (regulation 6(4)). The amendments to paragraphs (7) and (8) are consequential to the amendments to paragraph (6) and the new paragraph (6A) (regulation 6(5) and (6)).

Regulation 23 is further amended as follows. A new paragraph (2) allows the notional up-rating of the fee grant where the balance of the assessed contribution can be used to reduce or extinguish the amount of support other than fee or dependants grant for which the student is eligible (regulation 7(3)). Consequential amendments are made to paragraphs (3), (7) and (8) (regulation 7(4), (6) and (7)).

Regulation 26 is amended so that all overpayments including overpayments of grants for dependants under regulations 15 and 16 are recoverable in the same ways (regulation 8(2) to (4)).

Paragraph 4 of Schedule 3 is amended so that: a parental contribution in respect of more than one child cannot exceed the parental contribution that would apply if only that child held an award (regulation 10(3)); the Secretary of State’s discretion to determine how to apportion the parental contribution shall only apply where a statutory award other than one under the Student Support Regulations, the Education (Mandatory Awards) Regulations 2002 or section 63 of the Health Services and Public Health Act 1968 is held by any of the specified persons (regulation 10(4)); and the parental contribution is apportioned equally where sub-paragraph (3) does not apply and subject to exceptions (regulation 10(5)). Consequential amendments are made to sub-paragraphs (1) and (3) (regulation 10(2)(b) and (4)(d)).