The Education (Student Support) Regulations 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations provide for support for students taking designated higher education courses in respect of an academic year beginning on or after 1st September 2010.

These Regulations are based on the Education (Student Support) (No.2) Regulations 2008 as amended (the “2008 (No.2) Regulations”) to which they make a number of amendments and changes, some of which are of a minor and drafting nature. Differences of substance between the 2008 (No. 2) Regulations and these Regulations, including increases in rates of grants and loans, are described below.

These Regulations revoke, from 1st September 2010, the 2008 (No.2) Regulations except for regulations 93 (interest) and 94 (insolvency), the Education (Student Support) (Amendment) (No.2) Regulations 2008 and the Education (Student Support) (Amendment) (No.3) Regulations 2008. These Regulations also revoke, from 1st September 2009, the Education (Student Support) Regulations 2008 (Amendment) Regulations 2009 and regulations 93 and 94 of the 2008 (No.2) Regulations. Regulation 4 sets out the extent of the revocation.

Regulation 2(1) contains an extended definition of “2008 cohort student” to include an eligible student transferring to the current course on or after 1st September 2009 from a course beginning on or after 1st September 2008 but before 1st September 2009. The definition also includes an eligible student beginning an end-on course on or after 1st September 2009 immediately after ceasing to attend a preliminary course which began on or after 1st September 2008 but before 1st September 2009. Paragraph 1 of Schedule 5 makes similar changes in the definition of “2008 cohort student” to the 2008 (No.2) Regulations.

Regulation 2 defines “2009 cohort student” to include an eligible student transferring to the current course on or after 1st September 2010 from a course beginning on or after 1st September 2009 or an eligible student beginning an end-on course on or after 1st September 2010 immediately after ceasing to attend a preliminary course that begins on or after 1st September 2009.

Regulations 2(1) (in the definition of “flexible postgraduate course for the initial training of teachers” and definitions of type 1, 2 and 3 teacher training students), 6, 13, 14, 20, 24, 38, and 137 remove the special provisions for eligible full-time and eligible part-time students beginning initial teacher training courses on or after 1st September 2010. Flexible postgraduate initial teacher training courses from 6 weeks up to one academic year in length will no longer be designated for support for students beginning initial teacher training courses on or after 1st September 2010.

Regulation 14(1) provides that an eligible student beginning a course on or after 1st September 2009 does not qualify for fee support where the course leads to a qualification at an equivalent or lower level than a previous qualification. An eligible student beginning a course before 1st September 2009, or transferring to a course beginning on or after 1st September 2009 from a course that began before 1st September 2009, also does not qualify for fee support if they have an honours degree from an institution in the United Kingdom.

Regulation 14(2) provides that regulation 14(1) does not apply to a student beginning a full-time course for the initial training of teachers which does not exceed 2 years in length before, on or after 1st September 2010 as well as a student beginning a part-time initial teacher training course which does not exceed 4 years in length before 1st September 2010. This provision also extends to students transferring to the current initial teacher training course on or after 1st September 2010 from an initial teacher training course beginning before 1st September 2010. Paragraph 2 of Schedule 5 makes similar changes to the 2008 (No.2) Regulations. To reflect the changes in regulation 14, amendments have been made to the 2008 (No.2) Regulations in paragraph 3 of Schedule 5.

Regulations 120 and 137 provide that part-time and full-time distance learning students who began their course before 1st September 2009 will not qualify for support if they hold an honours degree from an educational institution in the United Kingdom. Similar provision is made for part-time and full-time distance learning students who transfer to the current course on or after 1st September 2009 from a course beginning before 1st September 2009.

Paragraphs 7 and 8 of Schedule 5 make changes to regulations 119 and 136 of the 2008 (No.2) Regulations whereby a part-time or distance learning student who holds a first degree from an educational institution in the United Kingdom receives support for a higher level course in the same subject if the student begins that course at the same institution immediately after ceasing to attend their first course. In addition provision is made in the 2008 (No. 2) Regulations for part-time and full-time distance learning students who transfer to the current course on or after 1st September 2009 from a part-time or full-time distance learning course which began before 1st September 2009.

A technical change is made to the calculation of the maximum amount of loan for living costs to which a type 2 teacher training student is entitled. In Regulations 73(1) and 73(3), the formula for the substitution of grant for loan calculation for type 2 teacher training students has been removed from ‘Z’, the household income assessment formula, and added to ‘Y’, the substitution formula.

Increases in the maximum amounts of grants and loans in relation to part–time students and for fee support for full-time students are set out in regulations 24, 31, 32, 33, 35, 99, 120, 121, 137 and 138.

An impact assessment has not been produced for this instrument as it has no impact on the costs of business, charities or voluntary bodies. The impact on the public sector is minimal.