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The Education (Student Support) (No.2) Regulations 2008

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Assistance for part-time courses

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136.—(1) For the purposes of this regulation, the assistance available is—

(a)a grant in respect of fees not exceeding the lesser of the following amounts—

(i)the basic grant, and

(ii)the “actual fees”, being the amount of fees charged to the student in respect of an academic year of the designated part-time course; and

(b)a grant not exceeding £260 for books, travel and other expenditure in connection with the designated part-time course.

(2) An eligible part-time student does not qualify for assistance under paragraph (1)(b) if the only paragraph in Part 2 of Schedule 1 into which the student falls is paragraph 9.

(3) An eligible part-time student qualifies for assistance—

(a)under paragraph (1)(a) if the Secretary of State considers that the student is undertaking the designated part-time course in England; and

(b)under paragraph (1)(b) if the Secretary of State considers that the student is undertaking the designated part-time course in the United Kingdom.

(4) An eligible part-time student does not qualify for support under this regulation if the student has undertaken one or more part-time courses for eight academic years in aggregate and the student has received in respect of each of those academic years a loan or a grant of the kind described in paragraph (5).

(5) The loans and grants are—

(a)a loan, a grant in respect of fees or a grant for books, travel and other expenditure each made in respect of an academic year of a part-time course pursuant to regulations made under section 22 of the 1998 Act;

(b)a loan, a grant in respect of fees or a grant for books, travel and other expenditure each made in respect of an academic year of a part-time course by the Department for Employment and Learning (Northern Ireland) pursuant to regulations made under Articles 3 and 8(4) of the Education (Student Support) (Northern Ireland) Order 1998; or

(c)a loan in respect of an academic year of a part-time course made pursuant to regulations made under sections 73(f), 73B and 74(1) of the Education (Scotland) Act 1980.

(6) An eligible part-time student does not qualify for support under this regulation if –

(a)the part time course leads to an equivalent or lower qualification; or

(b)the student holds a first degree from an educational institution in the United Kingdom and the student began the course before 1st September 2009.

(7) For the purposes of paragraph (6)(b), a degree is not to be treated as a first degree where—

(a)it is a degree (other than an honours degree) that has been awarded to an eligible part-time student who has completed the required modules, examinations or other forms of assessment for the student’s first degree course; and

(b)the eligible part-time student is registered to continue the course at the same educational institution after the award of the student’s degree so as to obtain an honours degree on completion of the required modules, examinations or other form of assessment.

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