Statutory Instruments

2011 No. 1986

Education, England

The Education (Student Support) Regulations 2011

Made

9th August 2011

Laid before Parliament

11th August 2011

Coming into force

1st September 2011

The Secretary of State for Business, Innovation and Skills makes the following Regulations in exercise of the powers conferred by sections 22 and 42(6) of the Teaching and Higher Education Act 1998 M1:

Marginal Citations

M11998 c.30; section 22 was amended by the Learning and Skills Act 2000 (c.21), section 146 and Schedule 11, the Income Tax (Earnings and Pensions) Act 2003 (c.1), Schedule 6, the Finance Act 2003 (c.14), section 147 the Higher Education Act 2004 (c.8), sections 42 and 43 and Schedule 7 and the Apprentices, Skills, Children and Learning Act 2009 (c.22), section 257(1) and (2). See section 43(1) of the 1998 Act for the definition of “prescribed” and “regulations”.

PART 1 E+WGENERAL

Citation, commencement and applicationE+W

1.—(1) These Regulations may be cited as the Education (Student Support) Regulations 2011 and come into force on 1st September 2011.

(2) These Regulations apply in relation to England M2.

(3) These Regulations (other than regulations 3, 117 and 118) apply in relation to the provision of support to students in relation to an academic year which begins on or after 1st September 2012 whether anything done under these Regulations is done before, on or after 1st September 2012.

Marginal Citations

M2In relation to Wales, the functions of the Secretary of State under section 22 of the Teaching and Higher Education Act 1998 were transferred to the Welsh Ministers under section 44 of the Higher Education Act 2004 except so far as they relate to the making of any provision authorised by subsection (2)(a), (c), (j) or (k), (3)(e) or (f) or (5) of section 22.

InterpretationE+W

2.—(1) In these Regulations—

“the 1962 Act” means the Education Act 1962 M3;

“the 1998 Act” means the Teaching and Higher Education Act 1998;

“the 1998 Regulations” means the Education (Student Support) Regulations 1998 M4;

“the 1999 Regulations” means the Education (Student Support) Regulations 1999 M5;

“the 2000 Regulations” means the Education (Student Support) Regulations 2000 M6;

“the 2001 Regulations” means the Education (Student Support) Regulations 2001 M7;

“the 2002 Regulations” means the Education (Student Support) Regulations 2002 M8;

“the 2003 Regulations” means the Education (Student Support) (No. 2) Regulations 2002 M9 as amended only by the Education (Student Support) (No. 2) Regulations 2002 (Amendment) Regulations 2003 M10 and the Education (Student Fees and Support) (Switzerland) Regulations 2003 M11;

“the 2004 Regulations” means the 2003 Regulations as amended by the Education (Student Support) (No. 2) Regulations 2002 (Amendment) Regulations 2004 M12, the Education (Student Support) (No. 2) Regulations 2002 (Amendment) (No. 2) Regulations 2004 M13, the Education (Student Support) (No. 2) Regulations 2002 (Amendment) (No. 3) Regulations 2004 M14, the Education (Student Support) (No. 2) Regulations 2002 (Amendment) (No. 4) Regulations 2004 M15, the Education (Student Support) (No. 2) Regulations 2002 (Amendment) Regulations 2005 M16, the Education (Student Support) (Amendment) Regulations 2005 M17 and the Education (Student Support) (Amendment) (No. 2) Regulations 2005 M18;

“the 2005 Regulations” means the Education (Student Support) Regulations 2005 M19;

“the 2006 Regulations” means the Education (Student Support) Regulations 2006 M20;

“the 2007 Regulations” means the Education (Student Support) Regulations 2007 M21;

“the 2008 Regulations” means the Education (Student Support) Regulations 2008 M22;

“the 2008 (No.2) Regulations” means the Education (Student Support) (No.2) Regulations 2008 M23;

“the 2009 Regulations” means the Education (Student Support) Regulations 2009 M24;

“2008 cohort student” means a current system student who—

(a)

begins the current course on or after 1st September 2008 and before 1st September 2009;

(b)

transfers to the current course pursuant to regulation 7 on or after 1st September 2009 from a course beginning on or after 1st September 2008 and before 1st September 2009; or

(c)

begins an end-on course on or after 1st September 2009 immediately after ceasing to attend a preliminary course that began on or after 1st September 2008 and before 1st September 2009,

and to whom one of the following sub-paragraphs applies—

(i)

the student has not previously undertaken any course designated for the purposes of section 22 of the 1998 Act which began before 1st September 2008; [F1or]

(ii)

F2...

(iii)

the course leads to qualification as a social worker, medical doctor, dentist, veterinary surgeon or architect, landscape architect, landscape designer, landscape manager, town planner or town and country planner;

“2009 cohort student” means a current system student who—

(a)

begins the current course on or after 1st September 2009 and before 1st September 2012 and is not a 2008 cohort student;

(b)

transfers to the current course pursuant to regulation 7 on or after 1st September 2012 from a course beginning on or after 1st September 2009 and before 1st September 2012; or

(c)

begins an end-on course on or after 1st September 2012 immediately after ceasing to attend a course that begins on or after 1st September 2009 and before 1st September 2012,

and to whom one of the following sub-paragraphs applies—

(i)

the student has not previously undertaken any course which began before 1st September 2008 and which is a previous course; [F3or]

(ii)

F4...

(iii)

the course leads to qualification as a social worker, medical doctor, dentist, veterinary surgeon or architect;

[F5“2012 cohort student” means a current system student who—

(a)

begins the current course on or after 1st September 2012 and before 1st August 2016 and is not a 2008, 2009 or 2016 cohort student;

(b)

transfers to the current course pursuant to regulation 7 on or after 1st August 2016 from a course that—

(i)

is not a distance learning course; and

(ii)

begins on or after 1st September 2012 and before 1st August 2016; or

(c)

begins an end-on course on or after 1st August 2016 immediately after ceasing to attend a course that begins on or after 1st September 2012 and before 1st August 2016;]

[F6“2016 cohort student” means a current system student who—

(a)

begins the current course on or after 1st August 2016;

(b)

is not a 2008, 2009 or 2012 cohort student;

(c)

has not transferred to the current course pursuant to regulation 7 from a course that—

(i)

is not a distance learning course; and

(ii)

began before 1st August 2016; and

(d)

is not beginning an end-on course on or after 1st August 2016;]

“academic authority” means, in relation to an institution, the governing body or other body having the functions of a governing body and includes a person acting with the authority of that body;

“academic year” means the period of twelve months beginning on 1st January, 1st April, 1st July or 1st September of the calendar year in which the academic year of the course in question begins according to whether that academic year begins on or after 1st January and before 1st April, on or after 1st April and before 1st July, on or after 1st July and before 1st August or on or after 1st August and on or before 31st December, respectively;

“Academy” means a school to which Academy arrangements under section 1 of the Academies Act 2010 M25 relate;

“accelerated course” means a course which persons undertaking it are normally required by the institution providing it to attend (whether at premises of the institution or elsewhere) for a period of at least 40 weeks in the final year, being a course of two academic years' duration;

[F7“allied health profession subject” means chiropody, F8... dietetics, dietetics and nutrition, occupational therapy, orthoptics, orthotics and prosthetics, physiotherapy, podiatry, radiography, radiotherapy, and speech and language therapy;]

[F9“authority-funded” means—

(a)

in relation to educational institutions in England, maintained or assisted by recurrent grants from the Higher Education Funding Council for England;

(b)

in relation to educational institutions in Wales, maintained or assisted by recurrent grants from the Higher Education Funding Council for Wales;

(c)

in relation to educational institutions in Scotland, maintained or assisted by recurrent grants from the Scottish Funding Council; and

(d)

in relation to educational institutions in Northern Ireland, maintained or assisted by recurrent grants from the Department for Employment and Learning in Northern Ireland or the Department for Agriculture and Rural Development in Northern Ireland.]

“borrower” means a person to whom a loan has been made;

[F10“bursary year” means an academic year of a course in relation to which the student is—

(a)

eligible to apply for a healthcare bursary the amount of which is calculated by reference to income whether or not the calculation results in a nil amount;

(b)

eligible to apply for a Scottish healthcare allowance the amount of which is calculated by reference to income whether or not the calculation results in a nil amount; or

(c)

eligible for a healthcare tuition payment;]

F11...

“compressed degree course” means a course determined in accordance with paragraph (2) to be a compressed degree course;

“compressed degree student” means an eligible student who—

(a)

is undertaking a compressed degree course in the United Kingdom (the “course”);

(b)

either—

(i)

began the course on or after 1st September 2006 and is continuing on that course after 31st August 2012; or

(ii)

begins the course on or after 1st September 2012; and

(c)

either—

(i)

is required to be in attendance on the course for part of the academic year for which the student is applying for support; or

(ii)

is a disabled student who is not required to be in attendance on the course because the student is unable to attend for a reason which relates to that student's disability;

“contribution” means an eligible student's contribution calculated pursuant to regulation 99 and Schedule 4;

“course for the initial training of teachers” includes such a course leading to a first degree unless otherwise indicated but excludes an employment-based teacher training scheme;

“current course” means the designated course in respect of which a person is applying for support;

F12...

“current part-time course” means the designated part-time course in respect of which a person is applying for support;

“current postgraduate course” means the designated postgraduate course in respect of which a person is applying for support;

“current system student” means an eligible student who—

(a)

is not an old system student; and

(b)

either—

(i)

began attending the current course on or after 1st September 2006 and is continuing on that course after 31st August 2012; or

(ii)

begins attending the current course on or after 1st September 2012; or

(iii)

begins undertaking the current course on or after 1st September 2012;

F13...

“designated course” means a course designated by regulation 5 or by the Secretary of State under regulation 5;

F14...

“designated part-time course” means a course designated by regulation 139 or by the Secretary of State under regulation 139;

“designated postgraduate course” means a course designated by regulation 161 or by the Secretary of State under regulation 161;

“Directive 2004/38” means Directive 2004/38 of the European Parliament and of the Council of 29th April 2004 M26 on the rights of citizens of the Union and their family members to move and reside freely in the territory of the Member States;

[F15“disability” has the meaning given in section 6 of the Equality Act 2010;]

“disabled distance learning students' allowance” means the grant payable under regulation 127;

“disabled part-time students' allowance” means the grant payable under regulation 147;

“disabled students' allowance” means the grant payable under regulation 40;

“distance learning course” means a course on which a student undertaking the course is not required to be in attendance by the institution providing the course, where “required to be in attendance” is not satisfied by a requirement imposed by the institution to attend any institution—

(a)

for the purposes of registration or enrolment or any examination;

(b)

on a weekend or during any vacation; or

(c)

on an occasional basis during the week;

“electronic signature” is so much of anything in electronic form as—

(a)

is incorporated into or otherwise logically associated with any electronic communication or electronic data; and

(b)

purports to be so incorporated or associated for the purpose of being used in establishing the authenticity of the communication or data, the integrity of the communication or data, or both;

F16...

“eligible part-time student” has the meaning given in regulation 137;

“eligible postgraduate student” has the meaning given in regulation 159;

“eligible prisoner” means a prisoner—

(a)

who begins the current course or current part-time course on or after 1st September 2012;

(b)

who is serving a sentence of imprisonment in the United Kingdom;

(c)

has been authorised by the prison Governor or Director or other appropriate authority to study the current course or current part-time course;

(d)

whose earliest release date is within 6 years of the first day of the first academic year of the current course or current part-time course;

(e)

who has not transferred to the current course or current part-time course under regulation 7 or 151 from a course beginning before 1st September 2012; and

(f)

is not beginning an end-on course on or after 1st September 2012;

“eligible student” has the meaning given in paragraph (3);

“employment-based teacher training scheme” means—

(a)

a scheme established by the Secretary of State whereby a person may undertake initial teacher training in order to obtain qualified teacher status while being employed to teach at a school or other educational institution except a pupil referral unit; or

(b)

a scheme established by the National Assembly for Wales or the Welsh Ministers whereby persons who are or who have been employed in a school or other educational institution except a pupil referral unit may become qualified teachers;

“end-on course” means—

(a)

a full-time first degree course (other than a first degree course for the initial training of teachers) beginning before 1st September 2009 which, disregarding any intervening vacation, a student begins immediately after ceasing to attend a full-time course mentioned in paragraph 2 or 3 of Schedule 2 for which the student received or was entitled to receive a transitional award, a loan under the 1998 Regulations or support under the 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008 or 2008 (No.2) Regulations;

(b)

a full-time honours degree course beginning on or after 1st September 2006 but before 1st September 2009 which, disregarding any intervening vacation, a student begins immediately after ceasing to attend a full-time foundation degree course and for which the student received or was entitled to receive a transitional award, a loan under the 1998 Regulations or support under the 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008 or 2008 (No.2) Regulations;

(c)

F17...

(d)

a full-time first degree course beginning on or after 1st September 2009, but before 1st September 2012 (other than a first degree course for the initial training of teachers) which, disregarding any intervening vacation, a student begins immediately after ceasing to attend a full-time higher education course or to undertake a part-time higher education course F18... mentioned in paragraph 2, 3 or 4 of Schedule 2 or a foundation degree course having achieved a qualification;

(e)

a full-time honours degree course beginning on or after 1st September 2012 [F19, but before 1st August 2016] which, disregarding any intervening vacation, a student begins to attend immediately after ceasing to attend a full-time course [F20mentioned] in paragraph 2, 3 or 4 of Schedule 2 or a full-time foundation or ordinary degree course, which started before 1st September 2012, having achieved a qualification;

(f)

a full-time distance learning honours degree course beginning on or after 1st September 2012 which, disregarding any intervening vacation, a student begins immediately after ceasing to undertake F21... a distance learning foundation or ordinary degree course, which started before 1st September 2012, having achieved a qualification;

(g)

a part-time honours degree course beginning on or after 1st September 2012 which, disregarding any intervening vacation, a student begins immediately after ceasing to attend or undertake a part-time higher education course mentioned in paragraph 2, 3 or 4 of Schedule 2 or a part-time foundation or ordinary degree course, which started before 1st September 2012, having achieved a qualification;

(h)

[F22a full-time honours degree course beginning on or after 1st August 2016 which, disregarding any intervening vacation, a student begins to attend immediately after ceasing to attend a full-time course mentioned in paragraph 2, 3 or 4 of Schedule 2 that is not a distance learning course or a full-time foundation or ordinary degree course that is not a distance learning course, which started before 1st August 2016, having achieved a qualification;]

“equivalent or lower qualification” means a qualification determined in accordance with paragraph (5) to be an equivalent or lower qualification;

[F23“Erasmus year” means an academic year of a course where a student is participating in the action scheme of the EU for the mobility of university students known as ERASMUS and the student’s course is a course referred to in regulation 5(1)(d) and―

(a)

where the course began before 1st September 2012, all the periods of study or work placement during the academic year are attended at an institution or workplace outside the United Kingdom (as the case may be);

(b)

where the course began on or after 1st September 2012 and is provided by an institution in Northern Ireland F24..., all the periods of study or work placement during the academic year are attended at an institution or workplace outside the United Kingdom (as the case may be); or

(c)

where the course began on or after 1st September 2012 and is provided by an institution in England [F25, Scotland or Wales]―

(i)

at least one period of study or work placement is attended at an institution or workplace outside the United Kingdom (as the case may be); and

(ii)

either—

(aa)

in respect of that academic year the aggregate of any one or more periods of full-time study at the institution in the United Kingdom is less than 10 weeks; or

(bb)

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 (disregarding intervening vacations) exceeds 30 weeks.]

“EU national” means a national of a Member State of the EU;

“fee contribution loan” means a loan for fees made to an old system student pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act;

“fee loan” means a loan for fees made to a current system student pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act;

“fees” has the meaning given in section 41(1) of the Higher Education Act 2004 M27F26...;

“fee support” means a grant for fees pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act, a fee contribution loan or a fee loan;

F27...

“former Metropolitan Police District” means—

(a)

Greater London, excluding the City of London, the Inner Temple and the Middle Temple;

(b)

in the county of Essex, in the district of Epping Forest— the area of the former urban district of Chigwell, the parish of Waltham Abbey;

(c)

in the county of Hertfordshire— in the borough of Broxbourne, the area of the former urban district of Cheshunt, the district of Hertsmere, in the district of Welwyn Hatfield, the parish of Northaw; and

(d)

in the county of Surrey— in the borough of Elmbridge, the area of the former urban district of Esher, the boroughs of Epsom and Ewell and Spelthorne, in the district of Reigate and Banstead, the area of the former urban district of Banstead;

“full-time equivalent” means a full-time course leading to the same qualification as the part-time course in question;

“gap year student” has the meaning given in paragraph (6);

“graduate entry accelerated programme” means a course—

(a)

the standard of which is not higher than a first degree which leads to a qualification as a medical doctor or dentist;

(b)

where a first degree or equivalent qualification would normally be required for entry to the course;

(c)

which begins on or after 1st September 2012; and

(d)

the duration of the course does not exceed 4 years;

“grant for living and other costs” means a grant payable under Part 5;

[F28“healthcare bursary” means a bursary or award of similar description under—

(a)

section 63 of the Health Services and Public Health Act 1968 made in respect of—

(i)

a course provided by an institution in England beginning before 1st August 2017;

(ii)

a course provided by an institution in England beginning on or after 1st August 2017, where that course leads to qualification as a paramedic, medical doctor or dentist;

(iii)

a course provided by an institution in Scotland or Northern Ireland, where that course leads to qualification as a medical doctor or dentist;

(iv)

a course provided by an institution in Wales; or

(b)

article 44 of the Health and Personal Social Services (Northern Ireland) Order 1972;]

[F29“healthcare tuition payment” means a payment for tuition in connection with the NHS Bursary Scheme in England, established pursuant to section 63 of the Health Services and Public Health Act 1968, in respect of a course beginning on or after 1st August 2017, except where that course leads to qualification as a medical doctor or dentist;]

“higher education bursary” means an amount paid by a local authority in England under section 23C(5A) of the Children Act 1989 M28;

“higher education course” means a course referred to in Schedule 2 or a postgraduate or other course the standard of which is higher than the standard of a first degree course;

“household income” has the meaning given in Schedule 4;

“information” includes documents;

“Institute” means the University of London Institute in Paris;

“intensive course” means an accelerated course or a compressed degree course;

“Islands” means the Channel Islands and the Isle of Man;

“loan”, except where otherwise indicated, means a loan pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act, including the interest accrued on the loan and any penalties or charges incurred in connection with it;

“loan for living costs” means a loan for living costs pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act;

“long courses loan” means a long courses loan pursuant to regulation 81;

“maintained school” means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school;

[F30“non-regulated institution” means an institution in Wales that does not have a fee and access plan in force approved by the Higher Education Funding Council for Wales under section 7 of the Higher Education (Wales) Act 2015;]

“old award” is an award within the meaning of the Education (Mandatory Awards) Regulations 2003 M29;

F31...

“old system student” means an eligible student who—

(a)

began the current course before 1st September 2006 and is continuing on that course after 31st August 2012;

(b)

is a gap year student in relation to the current course;

(c)

began the current course on or after 1st September 2006 where that course is an end-on course (other than one of the kind referred to in paragraph (c) of the definition of “end-on course” in this regulation) following on from—

(i)

a course that the student began before 1st September 2006; or

(ii)

a course that the student began before 1st September 2007 and in relation to which the student was a gap year student; or

(d)

began the current course on or after 1st September 2006 having had their status as an eligible student transferred to that course as a result of one or more transfers of that status by the Secretary of State pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act from a designated course in connection with which the Secretary of State determined the student to be an eligible student and which the student began—

(i)

before 1st September 2006; or

(ii)

before 1st September 2007 and in relation to which the student was a gap year student;

“ordinary duration” means F32... the number of academic years that a standard student would take to complete the F33... course excluding any academic years of the course that are [F34—

(a)

bursary years;

(b)

Erasmus years of a course provided by an institution in Northern Ireland F35...; or

(c)

Erasmus years of a course provided by an institution in England [F36, Scotland or Wales] where the course began before 1st September 2012];

(d)

[F37Erasmus years of a course provided by an institution in Scotland where the course began on or after 1st September 2012 and where the Erasmus year begins before 1st August 2017;]

“period of eligibility” has the meaning given respectively in regulation 6 in relation to an eligible student, F38... in regulation 140 in relation to an eligible part-time student and in regulation 162 in relation to an eligible postgraduate student;

“periods of work experience” means—

(a)

periods of industrial, professional or commercial experience associated with full-time study at an institution, but at a place outside that institution;

(b)

periods during which a student is employed and residing in a country whose language is one that the student is studying for that student's course (provided that the period of residence in that country is a requirement of that student's course and the study of one or more modern languages accounts for not less than one half of the total time spent studying on the course);

“person granted humanitarian protection” means a person—

(a)

who, on the grounds of humanitarian protection, has been granted leave to remain under the immigration rules as defined in section 33(1) of the Immigration Act 1971 M30;

(b)

whose leave to remain is extant, or in respect of whose leave to remain an appeal is pending (within section 104 of the Nationality, Immigration and Asylum Act 2002 M31); and

(c)

who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave to remain

[F39“person granted stateless leave” means a person who—

(a)

has extant leave to remain as a stateless person under the immigration rules (within the meaning given in section 33(1) of the Immigration Act 1971); and

(b)

has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;]

F40...

“preliminary course” means a course mentioned in [F41paragraph 2] to 4 of Schedule 2, or overseas equivalent, that is taken before a full-time degree course (other than a first degree course for the initial training of teachers) or a foundation degree course, or overseas equivalent, taken before a full-time honours degree course, as the case may be;

[F42“pre-registration course” means an education and training programme leading to a qualification which is a condition of inclusion in the register (or, as the case may be, the relevant part or parts of the register) maintained respectively by the Health and Care Professions Council for allied health profession subjects and operating department practice, the Nursing and Midwifery Council for midwifery or nursing, or the Health and Care Professions Council and Nursing and Midwifery Council for nursing and social work;]

“previous course” has the meaning given in regulation 12;

“prisoner” includes a person detained in a young offender institution;

“private institution” means an institution which is not publicly funded;

“public funds” means moneys provided by Parliament or by a government authority outside the United Kingdom;

“publicly funded”, unless otherwise indicated, means maintained or assisted by recurrent grants out of public funds and related expressions are to be interpreted accordingly;

[F43“qualified teacher” has the meaning given in section 132(1) of the Education Act 2002 but for courses beginning on or after 1st September 2012 does not include a person who—

(a)

is a qualified teacher by virtue of paragraph 13B of Schedule 2 to the Education (School Teachers’ Qualifications) (England) (Regulations) 2003; and

(b)

has not been assessed by an accredited institution (within the meaning of regulation 11 of those regulations) as meeting the specified standards (within the meaning of paragraph 1 of Schedule 2 to those regulations);]

“qualifying course” means a full-time designated course which is provided by the University of Oxford or the University of Cambridge and—

(a)

leads to qualification as a social worker, medical doctor, dentist, veterinary surgeon or architect;

(b)

where it began before 1st September 2009, leads to qualification as a landscape architect, landscape designer, landscape manager, town planner or town and country planner; or

(c)

any academic year of which is a bursary year;

“qualifying student” means a person who satisfies the criteria in regulation 92;

“qualifying year of study” means an academic year of a designated course—

(a)

in respect of which the student qualified for fee support (even if the amount was nil);

(b)

that was a bursary year; or

(c)

in respect of which the student would have qualified for fee support (even if the amount would have been nil) if the student had been an eligible student or the current course had been designated at the beginning of that year;

“quarter” in relation to an academic year means a period in that year—

(a)

beginning on 1st January and ending on 31st March;

(b)

beginning on 1st April and ending on 30th June;

(c)

beginning on 1st July and ending on 31st August; or

(d)

beginning on 1st September and ending on 31st December;

“refugee” means a person who is recognised by Her Majesty's government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28th July 1951 M32 as extended by the Protocol thereto which entered into force on 4th October 1967 M33;

[F44“regulated institution” means an institution that has a fee and access plan in force approved by the Higher Education Funding Council for Wales under section 7 of the Higher Education (Wales) Act 2015;]

“Research Council” means any of the following research councils—

(a)

Arts and Humanities Research Council,

(b)

Biotechnology and Biological Sciences Research Council,

(c)

Economic and Social Research Council,

(d)

Engineering and Physical Sciences Research Council,

(e)

Medical Research Council,

(f)

Natural Environment Research Council,

(g)

Science and Technology Facilities Council;

“right of permanent residence” means a right arising under Directive 2004/38 to reside in the United Kingdom permanently without restriction;

“sandwich course” has the meaning given in paragraph (10);

“Scottish healthcare allowance” means any allowance [F45(including a young students’ bursary or an independent students’ bursary)] under sections 73(f) and 74(1) of the Education (Scotland) Act 1980 M34 granted in respect of a person on a course leading to a qualification in a healthcare profession other than as a medical doctor or dentist;

“specified designated course” has the meaning given in paragraph (11);

“standard academic year”, unless otherwise indicated, means an academic year of a designated course F46... that would be taken (in whole or in part) by a person who does not repeat any part of the course after 1st September 2006 and who enters the course at the same point as the eligible student [F47but does not include an academic year that is—

(a)

a bursary year;

(b)

an Erasmus year of a course provided by an institution in Northern Ireland F48...; or

(c)

an Erasmus year of a course provided by an institution in England [F49, Scotland or Wales] where the course began before 1st September 2012];

(d)

[F50an Erasmus year of a course provided by an institution in Scotland where the course began on or after 1st September 2012 and where the Erasmus year begins before 1st August 2017;]

“standard student” is a student who is to be taken—

(a)

to have begun the F51... course on the same date as the eligible student in question;

(b)

not to be excused any part of the course;

(c)

not to repeat any part of the course; and

(d)

not to be absent from the course other than during vacations;

“statutory award” means any award bestowed, grant paid or other support provided by virtue of the 1998 Act or the 1962 Act, or any comparable award, grant or other support in respect of undertaking a course which is paid out of public funds;

“student loans legislation” means the Education (Student Loans) Act 1990 M35, the Education (Student Loans) (Northern Ireland) Order 1990 M36, the Education (Scotland) Act 1980 and regulations made under those Acts or that Order, the Education (Student Support) (Northern Ireland) Order 1998 M37 and regulations made under that Order or the 1998 Act and regulations made under that Act;

“support” means financial support by way of grant or loan made by the Secretary of State pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act;

“transitional award” means an award made under the Education (Mandatory Awards) Regulations 1998 M38 other than an old award;

“Turkish worker” means a Turkish national who—

(a)

is ordinarily resident in the United Kingdom and Islands; and

(b)

is, or has been, lawfully employed in the United Kingdom;

F52...

F52...

F52...

[F53“universal credit” means universal credit under Part 1 of the Welfare Reform Act 2012;]

(2) The Secretary of State may determine that a course is a compressed degree course if, in the opinion of the Secretary of State, that course is—

(a)a course for a first degree (other than a foundation degree);

(b)a full-time course designated under regulation 5(1); and

(c)of two academic years' duration.

(3) F54... “eligible student” has the meaning given in regulation 4.

F55(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The Secretary of State may determine that a qualification is an equivalent or lower qualification if—

(a)an eligible student holds a higher education qualification from any institution whether or not in the United Kingdom; and

(b)the qualification referred to in sub-paragraph (a) is an honours degree from an institution in the United Kingdom or is of an academic level which, in the opinion of the Secretary of State, is equivalent to or higher than a qualification to which the current course leads.

(6) In these Regulations, a person is a “gap year student” in relation to a course provided by or on behalf of an institution that was publicly funded as at 1st August 2005 if the person meets the conditions in paragraph (7) or (9).

(7) The conditions are—

(a)the person had on or before 1st August 2005 received an offer, whether conditional on obtaining specified qualifications or not, of a place on the current course or a similar course; and

(b)the first academic year of the current course began on or after 1st September 2006 but before 1st September 2007.

(8) In paragraph (7), a course (the “original course”) is similar to the current course if—

(a)it appears to the academic authority of the institution providing the current course that the subject-matter of the course is in whole or in part the same as the subject-matter of the original course; and

(b)except where the original course is no longer being provided, the current course is provided by the institution which was to have provided the original course.

(9) The conditions are—

(a)the person had received an offer of a place on a designated course (whether or not at the same institution as the current course) the first academic year of which began before 1st September 2006;

(b)the person was unable to take up the offer because a specified qualification or grade was not awarded to them;

(c)the person appealed against the decision not to award them the qualification or grade;

(d)the appeal was allowed after the last date on which they could have taken up the offer;

(e)as a result, the person was offered a place on the current course; and

(f)the first academic year of the current course began on or after 1st September 2006 but before 1st September 2007.

(10) In these Regulations—

(a)a course is a “sandwich course” if—

(i)it is not a course for the initial training of teachers or an academic year of a designated course that is an Erasmus year.

(ii)it consists of alternate periods of full-time study in an institution and periods of work experience; and

(iii)taking the course as a whole, the student attends or undertakes the periods of full-time study for an average of not less than 18 weeks in each year;

(b)in calculating the student's periods of full-time study for the purposes of sub-paragraph (a), the course is to be treated as beginning with the first period of full-time study and ending with the last such period; and

(c)for the purposes of sub-paragraph (a), where periods of full-time study and work experience alternate within any week of the course, the days of full-time study are aggregated with each other and with any weeks of full-time study in determining the number of weeks of full-time study in each year.

(11) In these Regulations, the “specified designated course” means the current course subject to paragraphs (12) and (13).

(12) Where the student's 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 Secretary of State from a course (the “initial course”) in connection with which the Secretary of State determined the student to be an eligible student pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act, the specified designated course is the initial course.

(13) Where the current course is an end-on course, the specified designated course is the course in relation to which the current course is an end-on course (the “preceding course”). Where the preceding course is itself an end-on course, the specified designated course is the course in relation to which the preceding course is an end-on course.

Textual Amendments

F1Word in reg. 2(1) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 4(a)(i)(aa)

F2Words in reg. 2(1) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 4(a)(i)(bb)

F3Word in reg. 2(1) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 4(a)(ii)(aa)

F4Words in reg. 2(1) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 4(a)(ii)(bb)

F5Words in reg. 2(1) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 4(a)(iii)

F6Words in reg. 2(1) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 4(a)(iv)

F7Words in reg. 2(1) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 3(a)

F9Words in reg. 2(1) inserted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(2)(a), 4(a)

F10Words in reg. 2(1) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 3(b)

F11Words in reg. 2(1) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 4(a)(v)

F12Words in reg. 2(1) omitted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 6(1)(a)(i)

F14Words in reg. 2(1) omitted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 6(1)(a)(ii)

F15Words in reg. 2(1) inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(2), 3(a)

F16Words in reg. 2(1) omitted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 6(1)(a)(iii)

F18Words in reg. 2(1) omitted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 6(1)(b)(i)

F19Words in reg. 2(1) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 4(a)(vi)(aa)

F21Words in reg. 2(1) omitted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 6(1)(b)(ii)

F22Words in reg. 2(1) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 4(a)(vi)(bb)

F23Words in reg. 2(1) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(2)(a), 4(b)

F24Words in reg. 2(1) omitted (with application in accordance with reg. 1(3)(b)(4) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 3(c)(i)

F25Words in reg. 2(1) substituted (with application in accordance with reg. 1(3)(b)(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 3(c)(ii)

F26Words in reg. 2(1) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 4(a)(vii)

F27Words in reg. 2(1) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 4(a)(viii)

F28Words in reg. 2(1) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 3(d)

F29Words in reg. 2(1) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 3(e)

F30Words in reg. 2(1) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 3(f)

F31Words in reg. 2(1) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 4(a)(ix)

F34Words in reg. 2(1) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(2)(a), 4(c)

F35Words in reg. 2(1) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 3(g)(i)

F36Words in reg. 2(1) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 3(g)(ii)

F37Words in reg. 2(1) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 3(g)(iii)

F38Words in reg. 2(1) omitted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 6(1)(c)

F39Words in reg. 2(1) inserted (with application in accordance with reg. 1(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 7(1)

F44Words in reg. 2(1) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 3(i)

F45Words in reg. 2(1) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 4(a)(x)

F46Words in reg. 2(1) omitted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by virtue of The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(2)(a), 4(e)(i)

F47Words in reg. 2(1) inserted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(2)(a), 4(e)(ii)

F48Words in reg. 2(1) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 3(j)(i)

F49Words in reg. 2(1) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 3(j)(ii)

F50Words in reg. 2(1) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 3(j)(iii)

F52Words in reg. 2(1) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 4(a)(xi)

F54Words in reg. 2(3) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 4(b)

F55Reg. 2(4) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 4(c)

Marginal Citations

M31962 c.12; sections 1 to 4 and Schedule 1 were substituted by the provisions set out in Schedule 5 to the Education Act 1980 (c.20). Section 1(3)(d) was amended by the Education (Grants and Awards) Act 1984 (c.11), section 4. Section 4 was amended by the Education Act 1994 (c.30), Schedule 2, paragraph 2. The entire Act was repealed by the Teaching and Higher Education Act 1998 (c.30), section 44(2) and Schedule 4, subject to the transitional provisions and savings set out in the Teaching and Higher Education Act 1998 (Commencement No.4 and Transitional Provisions) Order 1998 (S.I. 1998/3237), article 3.

M6S.I. 2000/1121, amended by S.I. 2000/1490, S.I. 2000/2142 and S.I. 2000/2912.

M7S.I. 2001/951, amended by S.I. 2001/1730, S.I. 2001/2355 and S.I. 2002/174.

M8S.I. 2002/195, amended by S.I. 2002/1318, S.I. 2002/2088 and S.I. 2002/3059.

M19S.I. 2005/52, as amended by S.I. 2005/1341, S.I. 2005/2084, S.I. 2005/3482, S.I. 2006/955 and S.I.2009/862.

M20S.I. 2006/119, as amended by S.I. 2006/955, S.I. 2006/1745 and S.I. 2007/1336.

M21S.I. 2007/176, as amended by S.I. 2007/1336, S.I. 2007/2263 and S.I. 2008/235.

M23S.I.2008/1582 as amended by S.I. 2008/2094 and S.I. 2008 2008/2939.

M26OJ L158, 30.4.2004, p77-123.

M272004 c.8, to which there have been amendments not relevant to these Regulations.

M281989 c.41; Section 23C(5A) of the Children Act 1989 was inserted by section 21(2) of the Children and Young Persons Act 2008 (c.23).

M29S.I. 2003/1994, amended by S.I.s 2004/1038, 2004/1792, 2005/2083, 2005/3137, 2006/930 and 2007/1629.

M32Cmnd. 9171.

M33Cmnd. 3906 (out of print; photocopies are available, free of charge, from the Student Finance Policy Division, Department for Innovation, Universities and Skills, Mowden Hall, Staindrop Road, Darlington DL3 9BG).

M341980 c.44; section 73(f) was amended by the Teaching and Higher Education Act 1998 (c.30), section 29(1) and the Education (Graduate Endowment and Student Support) (Scotland) Act 2001 (asp 6), section 3(2). Section 74 was amended by the Self Governing Schools etc. (Scotland) Act 1989 (c.39), Schedule 10, paragraph 8(17). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

M36S.I. 1990/1506 (N.I. 11), amended by S.I. 1996/274 (N.I. 1), Article 43 and Schedule 5 Part II, S.I. 1996/1918 (N.I. 15), Article 3 and the Schedule and S.I. 1998/258 (N.I. 1), Articles 3 to 6 and revoked, with savings, by SR (NI) 1998 No 306.

M37S.I. 1998/1760 (N.I. 14), to which there have been amendments not relevant to these Regulations.

M38S.I. 1998/1166, amended by S.I. 1998/1972 and revoked with savings by S.I. 1999/1494.

Revocation, savings and transitional provisionsE+W

3.—(1) Subject to paragraphs (2) and (3), the following regulations are revoked on 1st September 2012—

(a)the 2009 Regulations;

(b)the Education (Student Support) Regulations 2009 (Amendment) Regulations 2010 M39;

(c)regulation 5 and regulations 10 to 12 of the Education (Student Fees, Awards and Support) (Amendment) Regulations 2011 M40;

(d)the Education (Student Support) (Dance and Drama) Regulations 1999 M41; and

(e)the Education (Student Support) (Dance and Drama) (Amendment) Regulations 2001 M42.

(2) Regulation 113 and 114 of the 2009 Regulations are revoked on 1st September 2011.

(3) The 2009 Regulations continue to apply to the provision of support to students in relation to an academic year which begins on or after 1st September 2010 but before 1st September 2012.

(4) Despite any other provision in these Regulations, where a person—

(a)attends a course in respect of which a transitional award was made; or

(b)had received no award under the 1962 Act in respect of the course but a transitional award would have been bestowed had the person applied for an award under the 1962 Act and the person's resources had not exceeded the person's requirements,

the person is an old system student for the purposes of Parts 4 and 5 in connection with the course, or in connection with any subsequent course to which the award (either bestowed or which would have been bestowed under the 1962 Act) would have been transferred if transitional awards provided for payments after the first year of a course, but unless paragraph (5) applies the person qualifies for support by way of loan for living costs under Part 6 only if the person is an eligible student under these Regulations and if the person satisfies the qualifying conditions for an old system student in Part 6.

(5) Despite any other provision in these Regulations, where any person received or was eligible to receive a loan in relation to an academic year of a course under the 1998 Regulations the person is an old system student for the purposes of Part 6 in connection with the course, or any subsequent designated course which (disregarding any intervening vacation) the person begins immediately after ceasing that course, but unless paragraph (4) applies the person qualifies for fee support under Chapters 4 and 5 of Part 4 and grants for living and other costs under Part 5 only if the person is an eligible student under these Regulations and if the person satisfies the relevant qualifying conditions for an old system student in Parts 4 and 5.

Marginal Citations

PART 2 E+WELIGIBILITY

Eligible studentsE+W

4.—(1) An eligible student qualifies for support in connection with a designated course subject to and in accordance with these Regulations.

(2) Subject to paragraph (3), a person is an eligible student in connection with a designated course if in assessing that person's application for support the Secretary of State determines that the person falls within one of the categories set out in Part 2 of Schedule 1.

(3) A person (“A”) is not an eligible student if—

(a)an old award has been bestowed on A in respect of A's attendance on the course;

(b)A is eligible for a loan in relation to an academic year of the course under the Education (Student Loans) Act 1990 or the Education (Student Loans) (Northern Ireland) Order 1990;

(c)A is eligible to apply for, in connection with the course,—

(i)a healthcare bursary the amount of which is not calculated by reference to F56... income; or

(ii)any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 2007 M43;

(d)A is in breach of any obligation to repay any loan;

(e)A has reached the age of 18 and has not ratified any agreement for a loan made with A when A was under the age of 18;

(f)A has, in the opinion of the Secretary of State, shown by A's conduct that A is unfitted to receive support; or

(g)subject to paragraph (4), A is a prisoner.

(4) Paragraph (3)(g) does not apply—

(a)where the student is an eligible prisoner;

(b)where the current course began before 1st September 2012;

(c)where the student has transferred to the current course on or after 1st September 2012 pursuant to regulation 7 from a course beginning before 1st September 2012;

(d)where the course is an end-on course; or

(e)in respect of an academic year during which the student enters prison or is released from prison.

(5) For the purposes of paragraphs (3)(d) and (3)(e), “loan” means a loan made under any provision of the student loans legislation.

(6) In a case where the agreement for a loan is subject to the law of Scotland, paragraph (3)(e) only applies if the agreement was made—

(a)before 25th September 1991; and

(b)with the concurrence of the borrower's curator or at a time when the borrower had no curator.

F57(6A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F57(6B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F57(6C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F57(6D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F57(6E) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) An eligible student in respect of whom the first academic year of the specified designated course begins on or after 1st September 2000 does not, at any one time, qualify for support for—

(a)more than one designated course;

F58(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)a designated course and a designated part-time course;

(d)a designated course and a designated postgraduate course.

F59(7A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F60(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F61(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F62(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F63(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12) Where—

(a)the Secretary of State determined that, by virtue of being a refugee or the spouse, civil partner, child or step-child of a refugee, a person (“A”) was—

(i)an eligible student in connection with an application for support for an earlier year of the current course, an application for support for a course in relation to which the current course is an end-on course or an application for support in connection with a designated part-time course F64... or other designated course from which A's status as an eligible part-time student F64... or eligible student has been transferred to the current course; or

(ii)a qualifying student in connection with an application for support for an earlier year of the qualifying course or other qualifying course from which A's status as a qualifying student has been transferred to the qualifying course in respect of which the student is applying for support; and

(b)as at the day before the academic year in respect of which A is applying for support begins, the refugee status of A or of A's spouse, civil partner, parent or step-parent, as the case may be, has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),

A's status as an eligible or qualifying student terminates immediately before the first day of the academic year in respect of which A is applying for support.

[F65(12A) Where—

(a)the Secretary of State determined that, by virtue of being a person granted stateless leave or the spouse, civil partner, child or step-child of a person granted stateless leave, a person (“A”) was an eligible student in connection with—

(i)an application for support for an earlier year of the current course,

(ii)an application for support for a course in relation to which the current course is an end-on course, or

(iii)an application for support in connection with a designated part-time course or other designated course from which A’s status as an eligible part-time student or eligible student has been transferred to the current course, and

(b)as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted stateless leave is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted,

A’s status as an eligible student terminates immediately before the first day of the academic year in respect of which A is applying for support.]

(13) Where—

(a)the Secretary of State determined that, by virtue of being a person granted humanitarian protection or the spouse, civil partner, child or step-child of such a person, a person (“A”) was—

(i)an eligible student in connection with an application for support for an earlier year of the current course, an application for support for a course in relation to which the current course is an end-on course or an application for support in connection with a designated part-time course F66... or other designated course from which A's status as an eligible part-time student F66... or eligible student has been transferred to the current course; or

(ii)a qualifying student in connection with an application for support for an earlier year of the qualifying course or other qualifying course from which A's status as a qualifying student has been transferred to the qualifying course in respect of which the student is applying for support; and

(b)as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted humanitarian protection is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),

A's status as an eligible or qualifying student terminates immediately before the first day of the academic year in respect of which A is applying for support.

(14) Paragraphs (12) and (13) do not apply where A began the course in connection with which the Secretary of State determined that A was an eligible part-time student, an eligible student or a qualifying student, as the case may be, before 1st September 2007.

Textual Amendments

F56Word in reg. 4(3)(c)(i) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 4

F58Reg. 4(7)(b) omitted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 6(2)(a)

F64Words in reg. 4(12)(a)(i) omitted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 6(2)(b)

F65Reg. 4(12A) inserted (with application in accordance with reg. 1(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 7(2)

F66Words in reg. 4(13)(a)(i) omitted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 6(2)(b)

Marginal Citations

Designated coursesE+W

5.—(1) Subject to paragraphs F67... F68... (4), (5) and (6) a course is a designated course for the purposes of section 22(1) of the 1998 Act and regulation 4 if it is—

(a)mentioned in Schedule 2;

(b)one of the following—

(i)F69... a full-time course;

(ii)a sandwich course; or

(iii)a course for the initial training of teachers which—

(aa)begins before 1st September 2010; or

(bb)begins on or after 1st September 2010 where the student transfers to the current course pursuant to regulation 7 from a course for the initial training of teachers which began before1st September 2010;.

[F70(c)of at least one academic year’s duration F71...;]

[F72(d)either—

(i)wholly provided by an authority-funded institution [F73in England, Scotland or Northern Ireland, or in Wales where the course begins before 1st September 2017];

(ii)provided by a publicly funded institution situated in the United Kingdom on behalf of an authority-funded institution [F74in England, Scotland or Northern Ireland, or in Wales where the course begins before 1st September 2017]; F75...

(iii)provided by an authority-funded institution [F76in England, Scotland or Northern Ireland, or in Wales where the course begins before 1st September 2017,] in conjunction with an institution which is situated outside the United Kingdom; [F77or]

[F78(iv)provided by a regulated institution in Wales or a regulated institution in Wales in conjunction with an institution which is situated outside the United Kingdom, where that course begins on or after 1st September 2017;]

(da)substantially provided in the United Kingdom; and]

(e)for a course beginning on or after 1st September 2012 which falls within paragraph 1, 2, 4, F79... 7 or 8 of Schedule 2 [F80—

(i)a course which leads to an award granted or to be granted by a body falling within section 214(2)(a) or (b) of the Education Reform Act 1988; and

(ii)the teaching and supervision which comprise the course has been approved by that body.]

(2) In paragraph (1)(e) “award” means any degree, diploma, certificate or other academic award or distinction.

F81(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F82(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F83(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) A course falling within paragraph 7 or 8 of Schedule 2 is not a designated course where the governing body of a maintained school or Academy has arranged for the provision of such a course to a pupil of the school or Academy.

(5) A course that is taken as part of an employment-based teacher training scheme is not a designated course.

(6) A first degree course is not a designated course where—

(a)it leads to the award of a professional qualification;

(b)a first degree (or equivalent qualification) would normally be required for entry to a course leading to the award of that professional qualification; and

(c)the current course begins on or after 1st September 2009.

(7) For the purposes of paragraph (1)(d)—

(a)a course is provided by an institution if it provides the teaching and supervision which comprise the course, whether or not the institution has entered into an agreement with the student to provide the course;

[F84(aa)a course is substantially provided in the United Kingdom where at least half of the teaching and supervision which comprise the course is provided in the United Kingdom;]

(b)a university and any constituent college or institution in the nature of a college of a university is to be regarded as [F85authority-funded] if either the university or the constituent college or institution is [F85authority-funded]; F86...

(c)an institution is not to be regarded as publicly funded [F87or authority-funded] by reason only that it receives public funds from the governing body of a higher education institution in accordance with section 65(3A) of the Further and Higher Education Act 1992M44 [F88; and]

[F89(d)a course is not to be regarded as provided on behalf of an authority-funded educational institution where a part of the course is provided by a private institution.]

(8) Subject to paragraph (6), a course to which this paragraph applies is considered to be a single course for a first degree or for an equivalent qualification even if—

(a)the course leads to another degree or qualification being conferred before the degree or equivalent qualification; and

(b)part of the course is optional.

(9) Paragraph (8) applies to a course the standard of which is not higher than a first degree which leads to a qualification as a medical doctor, dentist, veterinary surgeon, architect, landscape architect, landscape designer, landscape manager, town planner or town and country planner.

(10) For the purposes of section 22 of the 1998 Act and regulation 4(1) the Secretary of State may designate courses of higher education which are not designated under paragraph (1).

[F90(11) The Secretary of State may revoke or suspend the designation of a course which is designated under paragraph (10).]

Textual Amendments

F68Word in reg. 5(1) omitted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 6(3)(a)

F69Words in reg. 5(1)(b)(i) omitted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 6(3)(b)

F70Reg. 5(1)(c) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 6

F72Reg. 5(1)(d)(da) substituted for reg. 5(1)(d) (7.11.2014) by The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(2), 4(a)

F73Words in reg. 5(1)(d)(i) added (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 5(a)

F74Words in reg. 5(1)(d)(ii) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 5(b)

F75Word in reg. 5(1)(d) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 5(c)

F76Words in reg. 5(1)(d)(iii) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 5(d)(i)

F77Word in reg. 5(1)(d)(iii) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 5(d)(ii)

F78Reg. 5(1)(d)(iv) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 5(e)

F80Words in reg. 5(1)(e) substituted (with application in accordance with reg. 1(4)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(4)(a), 4(b)(ii)

F82Reg. 5(3) omitted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 6(3)(c)

F83Reg. 5(3A) omitted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 6(3)(c)

F85Words in reg. 5(7)(b) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(2)(a), 5(c)(i)

F86Word in reg. 5(7)(b) omitted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by virtue of The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(2)(a), 5(c)(ii)

F87Words in reg. 5(7)(c) inserted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(2)(a), 5(c)(iii)

F88Word in reg. 5(7)(c) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(2)(a), 5(c)(iv)

F89Reg. 5(7)(d) inserted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(2)(a), 5(c)(v)

Marginal Citations

Period of eligibilityE+W

6.—(1) A student's status as an eligible student is retained in connection with a designated course until the status terminates in accordance with this regulation or regulation 4.

(2) The period for which an eligible student retains that status is the “period of eligibility”.

(3) Subject to the following paragraphs and regulation 4, the period of eligibility terminates at the end of the academic year in which the student completes the designated course.

(4) The period of eligibility terminates when the eligible student (“A”)—

(a)withdraws from A's designated course in circumstances where the Secretary of State has not transferred or converted or will not transfer or convert A's status as an eligible student under regulation 7, 132 or 152; or

(b)abandons or is expelled from A's designated course.

(5) The Secretary of State may terminate the period of eligibility where A has shown by A's conduct that A is unfitted to receive support.

(6) If the Secretary of State is satisfied that an eligible student has failed to comply with any requirement to provide information under these Regulations or has provided information which is inaccurate in a material particular, the Secretary of State may take such of the following actions as the Secretary of State considers appropriate in the circumstances—

(a)terminate the period of eligibility;

(b)determine that the student no longer qualifies for any particular support or particular amount of support;

(c)treat any support paid to the student as an overpayment which may be recovered under Chapter 5 of Part 9.

(7) Where the period of eligibility terminates before the end of the academic year in which the student completes the designated course, the Secretary of State may, at any time, renew the period of eligibility for such period as the Secretary of State determines.

Transfer of statusE+W

7.—(1) Where an eligible student “A” transfers to another course, the Secretary of State must transfer A's status as an eligible student to that course where—

(a)he receives a request from the eligible student to do so;

(b)he is satisfied that one or more of the grounds for transfer in paragraph (2) applies; and

(c)the period of eligibility has not terminated.

(2) The grounds for transfer are—

(a)on the recommendation of the academic authority A ceases one course and starts to—

(i)attend another designated course at the institution;

(ii)undertake another compressed degree course at the institution; or

(iii)undertake a compressed degree course at the institution;

(b)A starts to—

(i)attend a designated course at another institution; or

(ii)undertake a compressed degree course at another institution;

(c)after starting a course for the Certificate in Education, A is, on or before the completion of that course, admitted to a designated course for the degree (including an honours degree) of Bachelor of Education either at the same institution or at another institution;

(d)after starting a course for the degree (other than an honours degree) of Bachelor of Education, A is, on or before the completion of that course, admitted to a designated course for the honours degree of Bachelor of Education either at the same institution or at another institution; or

(e)after starting a course for a first degree (other than an honours degree) A is, before the completion of that course, admitted to a designated course for an honours degree in the same subject or subjects at the institution.

(3) Subject to paragraph (4), where A transfers under paragraph (1), A is entitled to receive in connection with the academic year of the course to which A transfers the remainder of the support assessed by the Secretary of State in respect of the academic year of the course from which A transfers.

(4) The Secretary of State may re-assess the amount of support payable after the transfer [F91provided that A qualifies for such support in connection with the academic year of the course to which A transfers].

(5) Where A transfers under paragraph (1) after the Secretary of State has assessed A's support in connection with the academic year of the course from which A is transferring but before A completes that year, A may not, in connection with the academic year of the course to which A transfers, apply for another grant or loan of a kind that A has already applied for under these Regulations in connection with the academic year of the course from which A is transferring unless otherwise provided.

Textual Amendments

PART 3E+WAPPLYING FOR SUPPORT, PROVISION OF INFORMATION AND LOAN CONTRACTS

Applications for supportE+W

8.—(1) A person (the “applicant”) must apply for support in connection with each academic year of a designated course by completing and submitting to the Secretary of State an application in such form and accompanied by such documentation as the Secretary of State may require.

(2) The Secretary of State may take such steps and make such inquiries as the Secretary of State considers necessary to determine whether the applicant is an eligible student, whether the applicant qualifies for support and the amount of support payable, if any.

(3) The Secretary of State must notify the applicant of whether the applicant qualifies for support and, if so, the amount of support payable in respect of the academic year, if any.

Time limitsE+W

9.—(1) The general rule is that the application must reach the Secretary of State no later than the end of the ninth month of the academic year in respect of which it is submitted.

(2) The general rule does not apply where—

(a)one of the events listed in regulation 17 occurs after the first day of the academic year in respect of which the applicant is applying for support, in which case the application must reach the Secretary of State within a period of nine months beginning with the day on which the relevant event occurred;

[F92(b)the applicant is making a separate application for a fee loan, a fee contribution loan or a loan for living costs or is applying for an additional amount of fee loan under regulation 24(1) or (7), an additional amount of fee contribution loan under regulation 35(5) or an additional amount of loan for living costs under regulation 89(3) in which case the application must reach the Secretary of State not later than one month before the end of the academic year to which the application relates;]

(c)the applicant is applying to borrow an additional amount of fee contribution loan under regulation 35(3), an additional amount of loan for living costs or an additional amount of long courses loan under regulation 89(1), in which case the application must reach the Secretary of State not later than one month before the end of the academic year to which the application relates or within a period of one month beginning with the day on which the applicant receives notice of the increased maximum amount, whichever is the later;

(d)the applicant is applying for the disabled students' allowance, in which case the application must reach the Secretary of State as soon as is reasonably practicable; or

(e)the Secretary of State considers that having regard to the circumstances of the particular case the time limit should be relaxed, in which case the application must reach the Secretary of State not later than such date as the Secretary of State specifies.

Textual Amendments

F92Reg. 9(2)(b) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 8

InformationE+W

10.  Schedule 3 deals with the provision of information.

[F93Requirement to enter into a contract for a loanE+W

11.—(1) To receive a loan a student must enter into a contract with the Secretary of State.

(2) Where the Secretary of State requires a contract to be signed by a student, an electronic signature in such form as the Secretary of State may specify satisfies such a requirement.]

Textual Amendments

PART 4 E+WFEE SUPPORT

CHAPTER 1E+WGENERAL

Previous courseE+W

12.—(1) Subject to the exceptions in paragraphs (4) to (7), a “previous course” is—

(a)where the current course began before 1st September 2009, any full-time higher education course, a course for the initial training of teachers or a course designated under regulation 5(10), which the student attended or, in the case of a compressed degree course or [F94a full-time] distance learning course, undertook before the current course and which meets one or both of the conditions in paragraph (2);

(b)where the current course begins on or after 1st September 2009—

(i)a lower level qualification achieved following a full-time or part-time higher education course, a course for the initial training of teachers or a course designated under regulation 5(10), which the student attended or, in the case of a compressed degree course or a F95... distance learning course, undertook before the current course;

(ii)a full-time higher education course, a course for the initial training of teachers or a course designated under regulation 5(10), which the student attended, or in the case of a compressed degree course or a [F96full-time] distance learning course, undertook before the current course where the student studied but did not achieve a qualification and which meets one or both of the conditions in paragraph (3); or

(iii)a full-time higher education course, a course for the initial training of teachers or a course designated under regulation 5(10), which the student attended or, in the case of a compressed degree course or [F97a full-time] distance learning course, undertook before the current course where—

(aa)the course meets one or both of the conditions in paragraph (2); and

[F98(bb)the student’s status as an eligible student has been transferred or converted under these Regulations to the current course from a course which began before 1st September 2009.]

(2) The conditions are—

(a)the course was provided by an institution in the United Kingdom which was publicly funded for some or all of the academic years during which the student attended or undertook the course; or

(b)any scholarship, exhibition, bursary, grant, allowance or [F99statutory award] which was paid in respect of the student's attending or, in the case of a compressed degree course or a F100... distance learning course, undertaking the course to defray fees was from public funds or funds attributable to public funds.

(3) The conditions are—

(a)the course was provided at a publicly funded institution whether or not in the United Kingdom for some or all of the academic years during which the student attended or undertook the course; or

(b)any scholarship, exhibition, bursary, grant, allowance or [F101statutory award] which was paid in respect of the student's attending or, in the case of a compressed degree course or a [F102full-time] distance learning course, undertaking the course to defray fees was from public funds or funds attributable to public funds.

(4) A course which would otherwise be a previous course will not be treated as such if—

(a)the current course is a course for the initial training of teachers;

(b)the duration of the current course does not exceed two years where the current course is—

(i)a full-time course; or

(ii)a part-time course (the duration of which being expressed as its full-time equivalent) and either the current course—

(aa)began before 1st September 2010; or

(bb)begins on or after 1st September 2010 where the student transfers to the current course pursuant to regulation 7 from a course for the initial training of teachers beginning before 1st September 2010); and

(c)the student is not a qualified teacher.

[F103(4A) A course which would otherwise be a previous course is not F104... treated as such if the current course—

(a)is a pre-registration course in an allied health profession subject, midwifery, nursing, nursing and social work, or operating department practice;

[F105(b)leads to an ordinary degree, honours degree, or, in respect of a course in operating department practice, to an ordinary degree, honours degree or a diploma; and]

(c)begins on or after 1st August 2017 F106....]

F107(4B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) A course which would otherwise be a previous course will not be treated as such if the current course is a graduate entry accelerated programme.

(6) A course for the Certificate in Education which would otherwise be a previous course will not be treated as such if—

(a)the current course is a course for the degree (including an honours degree) of Bachelor of Education; and

(b)the student transferred to the current course from the course for the Certificate in Education before the completion of that course or began the current course on completion of the course for the Certificate in Education.

(7) A course for the degree (other than an honours degree) of Bachelor of Education will not be treated as a previous course if—

(a)the current course is a course for the honours degree of Bachelor of Education; and

(b)the student transferred to the current course from the course for the degree (other than an honours degree) of Bachelor of Education before the completion of that course or began the current course on completion of the course for the degree (other than an honours degree) of Bachelor of Education.

(8) Subject to paragraphs (9), (10) and (11), for the purpose of determining PC in the formulae in regulations 21 and 29—

(a)each academic year that the student completed on a previous course is counted; and

(b)an academic year of a previous course that the student began or ceased to attend part of the way through the year is counted as one academic year on a previous course.

(9) For the purpose of determining PC in the formulae in regulations 21 and 29 where the student began the current course before 1st September 2009, an academic year of a previous course is not to be counted as a year spent on a previous course if—

(a)the student did not qualify for fee support for that year other than because the academic year was a bursary year or an Erasmus year; and

(b)the student qualified for fee support for some but not all of the other academic years of that previous course.

(10) For the purpose of determining PC in the formulae in regulations 21 and 29, an academic year of a previous course is not to be counted as a year spent on a previous course if it was a year of repeat study that the student was taking for compelling personal reasons or a year in relation to which the student qualified for fee support because the student had failed to complete a previous course for compelling personal reasons.

(11) For the purpose of determining PC in the formulae in regulations 21 and 29, where a student (“A”) transfers from an academic year of one designated course to an academic year of another designated course before the Secretary of State considers that A has completed the year from which A is transferring, the time spent by A during the academic year in which the transfer takes place on the course from which A is transferring is not counted as a year spent on a previous course.

(12) A student (“A”) who undertook a previous course but was not in attendance because A was unable to attend for a reason which related to A's disability is only F108... treated as having been in attendance on the previous course in respect of periods of study beginning on or after 1st September 2006.

Textual Amendments

F94Words in reg. 12(1)(a) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 6(4)

F97Words in reg. 12(1)(b)(iii) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 6(4)

F103Reg. 12(4A) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 6

MiscellaneousE+W

13.—(1) Subject to paragraphs (2) to (4), an eligible student does not qualify for fee support under this Part if—

(a)the student has an honours degree from an institution in the United Kingdom, where—

(i)the current course began before 1st September 2009; or

(ii)the current course begins on or after 1st September 2009 where the student transfers to the current course pursuant to regulation 7 from a course which began before 1st September 2009; or

(b)the current course leads to an equivalent or lower qualification, where the student begins the course on or after 1st September 2009.

(2) Paragraph (1) does not apply where—

(a)the current course is a course for the initial training of teachers;

(b)the duration of the current course does not exceed two years where the current course is—

(i)a full-time course; or

(ii)a part-time course (the duration of which being expressed as its full-time equivalent) and either the current course—

(aa)began before 1st September 2010; or

(bb)begins on or after 1st September 2010 where the student transfers to the current course pursuant to regulation 7 from a course for the initial training of teachers beginning before 1st September 2010); and

(c)the student is not a qualified teacher.

[F109(2A) Paragraph (1) does not apply where the current course—

(a)is a pre-registration course in an allied health profession subject, midwifery, nursing, nursing and social work or operating department practice;

[F110(b)leads to an ordinary degree, honours degree, or, in respect of a course in operating department practice, to an ordinary degree, honours degree, or a diploma; and]

(c)begins on or after 1st August 2017 F111....]

F112(2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Paragraph (1) does not apply where the current course is a graduate entry accelerated programme.

[F113(3A) Paragraph (1) does not apply to a current system student where the Secretary of State determines that the following conditions are satisfied—

(a)the student has provided all information required by the Secretary of State in relation to qualifications held by the student;

(b)that information is accurate; and

(c)the Secretary of State has provided written notification that the student qualifies for a fee loan under Chapter 3 of this Part in respect of an academic year of the current course.]

(4) Where the current course is considered to be a single course because of regulation 5(8) and (9) and it leads to a honours degree from an institution in the United Kingdom being conferred on the eligible student before the final degree or equivalent qualification, the eligible student is not prevented from qualifying for fee support under this Part in respect of any part of the single course by virtue of having that honours degree.

(5) Where an institution allows an eligible student to study the content of one standard academic year of the designated course over two or more academic years, for the purpose of determining whether the student qualifies for fee support for those years, the last of such years of study is to be treated as a standard academic year and the preceding years of that kind are to be treated as years of repeat study other than for compelling personal reasons.

(6) Where the eligible student is undertaking a designated course which is a distance learning course, the student does not qualify for support in respect of that course unless the Secretary of State considers that the student is undertaking the course in England [F114on the first day of the first academic year].

[F115(6A) For the purposes of paragraph (6), a person (“A”) is to be treated as being ordinarily resident in England for any period during which A would have been so resident but for the fact that—

(a)A,

(b)A’s spouse or civil partner,

(c)A’s parent, or

(d)in the case of a dependent direct relative in the ascending line, A’s child or child’s spouse or civil partner,

is or was temporarily employed in Wales, Scotland or Northern Ireland as a member of the regular naval, military or air forces of the Crown.]

[F116(7) A student qualifying for support in respect of a distance learning course will no longer qualify for support in respect of that course if the Secretary of State considers that the student is undertaking the course outside the United Kingdom.]

[F117(8) Paragraphs (6) and (7) do not apply to a person who is treated as being ordinarily resident in the United Kingdom by virtue of paragraph 1(4) of Schedule 1 on the basis of temporary employment falling within paragraph 1(5)(a) of that Schedule.]

Textual Amendments

F109Reg. 13(2A) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 7(a)

F113Reg. 13(3A) inserted (with application in accordance with reg. 1(4)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(4)(a), 6

F115Reg. 13(6A) inserted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 3(1)

F117Reg. 13(8) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 7(b)

CHAPTER 2E+WTYPES OF FEE SUPPORT AVAILABLE

Current system studentsE+W

14.  A current system student (“A”) qualifies for a fee loan in respect of the fees payable by A in connection with A's attendance on or undertaking of a designated course in accordance with Chapter 3 of this Part.

Old system studentsE+W

15.—(1) An old system student (“A”) qualifies for a grant for fees in respect of the fees payable by A in connection with A's attendance on a designated course in accordance with Chapter 4 of this Part.

(2) A qualifies for a fee contribution loan in respect of the fees payable by A in connection with A's attendance on a designated course in accordance with Chapter 5 of this Part.

Students becoming eligible in the course of an academic yearE+W

16.  Where one of the events listed in regulation 17 occurs in the course of an academic year—

(a)a student may qualify for fee support in accordance with this Part in respect of that academic year provided that the relevant event occurred within the first three months of the academic year; and

(b)fee support is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.

EventsE+W

17.  The events are—

(a)the student's course becomes a designated course;

(b)the student or the student's spouse, civil partner or parent is recognised as a refugee or becomes [F118a person granted stateless leave or] a person granted humanitarian protection;

(c)a state accedes to the EU where the student is a national of that state or a family member (as defined in Part 1 of Schedule 1) of a national of that state;

(d)the student becomes a family member (as defined in Part 1 of Schedule 1) of an EU national;

(e)the student acquires the right of permanent residence;

(f)the student becomes the child of a Turkish worker;

(g)the student becomes a person described in paragraph 6(1)(a) of Schedule 1; or

(h)the student becomes the child of a Swiss national.

Textual Amendments

F118Words in reg. 17(b) inserted (with application in accordance with reg. 1(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 7(3)

Students to be treated as in attendance on a courseE+W

18.—(1) A student to whom this regulation applies is treated as if the student were in attendance on the designated course for the purpose of qualifying for fee support.

(2) This regulation applies to—

(a)a compressed degree student; or

(b)a disabled student who—

(i)is not a compressed degree student; and

(ii)is undertaking a designated course F119... in the United Kingdom but is not in attendance because the student is unable to attend for a reason which relates to the student's disability.

Textual Amendments

CHAPTER 3E+WFEE LOANS FOR CURRENT SYSTEM STUDENTS

Availability of fee loans to current system students - generalE+W

19.—F120(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Subject to paragraph (3), a current system student does not qualify for a fee loan in respect of an academic year of a designated course that is [F121—

(a)a bursary year;

(b)an Erasmus year of a course provided by an institution in Northern Ireland F122...; or

(c)an Erasmus year of a course provided by an institution in England [F123, Wales or Scotland] where the course began before 1st September 2012].

(3) Paragraph (2) does not apply where the current course is the graduate entry accelerated programme.

[F124(3A) A current system student qualifies for a fee loan in respect of an academic year of the current course in accordance with paragraphs (3B) to [F125(3E)] where the Secretary of State determines that the conditions in regulation 13(3A) are satisfied.

(3B) If the Secretary of State makes the determination before the first day of the first academic year of the current course then the current system student qualifies for a fee loan in respect of the first academic year of the current course.

(3C) If the Secretary of State makes the determination on or after the first day of the first academic year of the current course then the current system student qualifies for a fee loan in respect of—

(a)the academic year of the current course during which the Secretary of State makes the determination; and

(b)an academic year of the current course which the student has completed prior to the Secretary of State making the determination.

[F126(3D) Paragraphs (3B) and (3C) do not apply if the Secretary of State considers that there are exceptional circumstances.]

[F127(3E) Where the Secretary of State considers that there are exceptional circumstances, the Secretary of State may determine that the student should qualify for a fee loan in respect of one or more academic years of the current course, as appropriate, whether or not the student has completed those academic years prior to the Secretary of State making the determination.]

(4) When assessing an application for support in respect of an academic year of a designated course, the Secretary of State must determine the “standard entitlement”.

(5) The standard entitlement is calculated in accordance with regulation 20, 21 or 22.

(6) When assessing an application for support in respect of an academic year of a designated course, the Secretary of State must allocate a fee 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 has been allocated to each standard academic year of the course.

(7) A current system student qualifies for a fee loan in respect of a standard academic year of the designated course if the Secretary of State allocates a fee loan to that year when assessing the application for support for that year.

[F128(8) In addition to the standard entitlement, a current system student who falls within regulation 21 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 F129...; or

(c)an Erasmus year of a course provided by an institution in England [F130, Wales or Scotland] which began before 1st September 2012.]

(9) Where a current system student qualifies for a fee loan under paragraph (8), the Secretary of State must not allocate a fee loan under paragraph (6) to the first academic year that the student takes of the designated course that is not [F131—

(a)a bursary year;

(b)an Erasmus year of a course provided by an institution in Northern Ireland F132...; or

(c)an Erasmus year of a course provided by an institution in England [F133, Wales or Scotland] where the course began before 1st September 2012].

[F134(9A) In addition to the standard entitlement, a current system student qualifies for a fee loan in respect of an academic year of a current course in accordance with paragraphs (9B) to [F135(9E)] where―

(a)the student falls within regulation 21 or 22; and

(b)the Secretary of State determines that―

(i)the student has provided all information required by the Secretary of State in relation to all courses which have been undertaken and qualifications which are held by the student;

(ii)that information is accurate; and

(iii)the Secretary of State has provided written notification that the student qualifies for a fee loan under this regulation in respect of an academic year of the current course.

(9B) If the Secretary of State makes the determination in paragraph (9A)(b) before the first day of the first academic year of the current course then the current system student qualifies for a fee loan in respect of the first academic year of the current course.

(9C) If the Secretary of State makes the determination in paragraph (9A)(b) on or after the first day of the first academic year of the current course then the current system student qualifies for a fee loan in respect of―

(a)the academic year of the current course during which the Secretary of State makes the determination; and

(b)an academic year of the current course which the student has completed prior to the Secretary of State making the determination.

[F136(9D) Paragraphs (9B) and (9C) do not apply if the Secretary of State considers that there are exceptional circumstances.]

[F137(9E) Where the Secretary of State considers that there are exceptional circumstances, the Secretary of State may determine that the student should qualify for a fee loan in respect of one or more academic years of the current course, as appropriate, whether or not the student has completed those academic years prior to the Secretary of State making the determination.]

(10) In addition to the standard entitlement, if the Secretary of State 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 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 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 under paragraph (8)).

(13) The amount of the fee loan in respect of an academic year is determined in accordance with regulation 23 and may be nil.]]

Textual Amendments

F120Reg. 19(1) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 10

F121Words in reg. 19(2) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(2)(a), 7(a)

F122Words in reg. 19(2)(b) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 8(a)

F123Words in reg. 19(2)(c) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 8(b)

F124Reg. 19(3A)-(3D) inserted (with application in accordance with reg. 1(4)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(4)(a), 7(a)

F128Reg. 19(8) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(2)(a), 7(b)

F129Words in reg. 19(8)(b) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 8(c)

F130Words in reg. 19(8)(c) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 8(d)

F131Words in reg. 19(9) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(2)(a), 7(c)

F132Words in reg. 19(9)(b) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 8(e)

F133Words in reg. 19(9)(c) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 8(f)

F134Reg. 19(9A)-(9D) inserted (with application in accordance with reg. 1(4)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(4)(a), 7(b)

Standard entitlement of current system students who have not studied on a previous courseE+W

20.  The standard entitlement of a current system student who has not studied on a previous course is calculated as follows—

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

21.—(1) The standard entitlement of a current system student who has studied on a previous course and who does not fall within regulation 22 is calculated as follows—

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 Secretary of State pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act from a designated course which—

(a)is a previous course; and

(b)the student began on or after 1st September 2006.

Standard entitlement of current system students on end-on courses and certain degree coursesE+W

22.—(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 2;

(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 [F138(in whole or in part)] 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 [F139(in whole or in part)] a full-time first degree course after the course referred to in paragraph (i) and before the current course.

[F140(2) Where the current course begins on or after 1st September 2009, this regulation applies to a current system student who—

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

(b)is on a full-time honours degree course (other than a first degree course for the initial training of teachers); and

(c)has not taken [F141(in whole or in part)] a full-time first degree course after the course referred to in paragraph (a) and before the current course.]

(3) Regulations 20 and 21 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—

(5) F143...The standard entitlement of a student to whom paragraph (2) applies is calculated as follows–-

F147(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Amount of the fee loanE+W

23.—(1) For the purposes of this Part,—

(a)where a student (“A”) transfers to the current course pursuant to regulation 7 on or after 1st September 2012 from a full time course beginning before 1st September 2012; or

(b)where the current course is an end-on course of the kind described in paragraph (e) of the definition of “end-on course” in regulation 2;

the current course is treated as beginning before 1st September 2012 in relation to A.

(2) The amount of a fee loan in respect of an academic year of a designated course must not exceed the lesser of—

(a)the fees payable by the student in connection with that year; and

(b)the maximum amount.

(3) For the purposes of this regulation, the “maximum amount” means—

(a)£3,465 where the current course began before 1st September 2012 unless paragraph (5) [F148, (5A)] [F149, (6), (6A) or (6B)] applies; or

(b)[F150£9,250] where the current course—

(i)begins on or after 1st September 2012; and

(ii)is provided by or on behalf of a publicly funded institution [F151in England];

unless paragraph (6) [F152, (6A), (6B), (6C) or (8)] applies.

[F153(4) Where the current course begins on or after 1st September 2012 and is provided by a private institution (other than on behalf of a publicly funded institution) [F154in England not listed in Schedule 5], the “maximum amount” is—

(a)£6,000, unless paragraph (7), (7A), (7B) or (8) applies;

[F155(b)£3,000 where paragraph (7) applies;]

(c)£1,200, where paragraph (7A) applies F156...; or

(d)£900, where paragraph (7B) applies F157....]

[F158(4A) Where the current course began on or after 1st September 2012 and is provided by a private or non-regulated institution listed in Schedule 5 (other than on behalf of a publicly funded or regulated institution respectively), the “maximum amount” is—

(a)£6,165, unless paragraph (7), (7A), (7B) or (8) applies;

(b)£3,080, where paragraph (7) applies;

(c)£1,230, where paragraph (7A) applies and the course is provided by a private institution in England (other than on behalf of a publicly funded institution);

(d)£1,230, where paragraph (7A) applies, the course is provided by a private institution in Wales (other than on behalf of a publicly funded institution) and begins before 1st September 2017;

(e)£1,230 where paragraph (7A) applies, the course is provided by a non-regulated institution in Wales (other than on behalf of a regulated institution) and begins on or after 1st September 2017;

(f)£3,080 where paragraph (7A) applies and the course is provided by a private institution in Northern Ireland or Scotland (other than on behalf of a publicly funded institution);

(g)£920, where paragraph (7B) applies and the course is provided by a private institution in England (other than on behalf of a publicly funded institution);

(h)£920, where paragraph (7B) applies, the course is provided by a private institution in Wales (other than on behalf of a publicly funded institution), and begins before 1st September 2017;

(i)£920, where paragraph (7B) applies, the course is provided by a non-regulated institution in Wales (other than on behalf of a regulated institution), and begins on or after 1st September 2017; or

(j)£3,080, where paragraph (7B) applies and the course is provided by a private institution in Northern Ireland or Scotland (other than on behalf of a publicly funded institution).]

[F159(5) Where the current course began on or after 1st August 2012 and is provided by an institution in Scotland or Northern Ireland, the “maximum amount” is—

(a)£9,250 where the course is provided by or on behalf of a publicly funded institution, unless paragraph (7), (7A), (7B) or (8) applies;

(b)£6,000 where the course is provided by a private institution (other than on behalf of a publicly funded institution), unless paragraph (4A), (7), (7A), (7B) or (8) applies;

(c)£4,625 where the course is provided by or on behalf of a publicly funded institution and paragraph (7), (7A) or (7B) applies;

(d)£3,000 where the course is provided by a private institution (other than on behalf of a publicly funded institution) and paragraph (7), (7A) or (7B) applies, unless paragraph (4A) applies.]

[F160(5ZA) Where the current course begins on or after 1st August 2012 and before 1st September 2017, and is provided by or on behalf of an institution in Wales, the “maximum amount” is—

(a)£9,000 where the course is provided by or on behalf of a publicly funded institution, unless paragraph (7), (7A), (7B) or (8) applies;

(b)£6,000 where the course is provided by a private institution (other than on behalf of a publicly funded institution), unless paragraph (4A), (7), (7A), (7B) or (8) applies;

(c)£4,500 where the course is provided by or on behalf of a publicly funded institution, and paragraph (7) applies;

(d)£3,000 where the course is provided by a private institution (other than on behalf of a publicly funded institution) and paragraph (7) applies, unless paragraph (4A) applies;

(e)£1,800 where the course is provided by or on behalf of a publicly funded institution, and paragraph (7A) applies;

(f)£1,200 where the course is provided by a private institution (other than on behalf of a publicly funded institution) and paragraph (7A) applies, unless paragraph (4A) applies;

(g)£1,350 where the course is provided by or on behalf of a publicly funded institution, and paragraph (7B) applies; or

(h)£900 where the course is provided by a private institution (other than on behalf of a publicly funded institution) and paragraph (7B) applies, unless paragraph (4A) applies.

(5ZB) Where the current course begins on or after 1st September 2017, and is provided by or on behalf of an institution in Wales, the “maximum amount” is—

(a)£9,000 where the course is provided by or on behalf of a regulated institution, unless paragraph (7), (7A), (7B) or (8) applies;

(b)£6,000 where the course is provided by a non-regulated institution, unless paragraph (4A), (7), (7A), (7B) or (8) applies;

(c)£4,500 where the course is provided by or on behalf of a regulated institution, and paragraph (7) applies;

(d)£3,000 where the course is provided by a non-regulated institution and paragraph (7) applies, unless paragraph (4A) applies;

(e)£1,800 where the course is provided by or on behalf of a regulated institution, and paragraph (7A) applies;

(f)£1,200 where the course is provided by a non-regulated institution and paragraph (7A) applies, unless paragraph (4A) applies;

(g)£1,350 where the course is provided by or on behalf of a regulated institution, and paragraph (7B) applies; or

(h)£900 where the course is provided by a non-regulated institution and paragraph (7B) applies, unless paragraph (4A) applies.]

[F161(5A) Where the current course began before 1st August 2012 and is provided by an institution in Northern Ireland, the maximum amount is [F162£4,030], or, where paragraph (7), (7A) or (7B) applies, [F162£2,005].]

(6) [F163Where paragraph (7) applies], the “maximum amount” is—

(a)£1,725 where the current course began before 1st September 2012 unless paragraph (5) [F164or (5A)] applies; or

(b)[F165£4,625] where the current course began on or after 1st September 2012 unless paragraph (4) [F166(4A), (5), (5ZA) or (5ZB)] applies.

[F167(6A) Where paragraph (7A) applies, the “maximum amount” is—

(a)£1,725 where the current course began before 1st September 2012, unless paragraph (5) or (5A) applies;

(b)[F168£1,850] where the current course began on or after 1st September 2012 and is provided by an institution in England F169..., unless paragraph (4) [F170or (4A)] applies; or

(c)[F171£4,625] where the current course began on or after 1st September 2012 and is provided by an institution in Northern Ireland or Scotland, unless paragraph [F172(4A) or (5)] applies.

(6B) Where paragraph (7B) applies, the “maximum amount” is—

(a)£1,725 where the current course began before 1st September 2012, unless paragraph (5) or (5A) applies;

(b)[F173£1,385] where the current course began on or after 1st September 2012 and is provided by an institution in England F174..., unless paragraph (4) [F175or (4A)] applies; or

(c)[F176£4,625] where the current course began on or after 1st September 2012 and is provided by an institution in Northern Ireland or Scotland, unless paragraph [F177(4A) or (5)] applies.

(6C) Where paragraph (7C) applies, the “maximum amount” is £1,350 [F178where the course is provided by an institution in Wales or £1,385 where the course is provided by an institution in England or Scotland].]

(7) [F179This paragraph applies in respect of]—

(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; [F180or]

F181(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)in respect of a course for the initial training of teachers which—

(i)began before 1st September 2010; or

(ii)begins on or after 1st September 2010 where the student transfers to the current course pursuant to regulation 7 from a course for the initial training of teachers beginning before 1st September 2010,

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

F181(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F182(7A) This paragraph applies in respect of an academic year of a sandwich course—

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

(b)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.

(7B) This paragraph applies in respect of an academic year of a course provided in conjunction with an overseas institution which is not an Erasmus year—

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

(b)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 (disregarding intervening vacations) exceeds 30 weeks.

(7C) This paragraph applies in respect of an Erasmus year of a course provided by an institution in England [F183, Wales or Scotland] which began on or after 1st September 2012.]

(8) Where the current course is a graduate entry accelerated programme, the “maximum amount” is [F184£5,785 for the first academic year of the course, otherwise £5,535].

(9) A student may apply to the Secretary of State to reduce the amount of loan for which the student has applied in respect of a period of the academic year for which the academic authority has not made a request to the Secretary of State for payment of the fee loan or fee loan instalment under regulation 113.

Textual Amendments

F148Word in reg. 23(3)(a) inserted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(2)(a), 12(a)

F149Words in reg. 23(3)(a) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(2)(a), 9(a)(i)

F150Sum in reg. 23(3)(b) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), reg. 1(3), Sch. 2

F151Words in reg. 23(3)(b)(ii) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 9(a)

F152Words in reg. 23(3)(b) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(2)(a), 9(a)(ii)

F153Reg. 23(4) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(2)(a), 9(b)

F154Words in reg. 23(4) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 9(b)(i)

F155Reg. 23(4)(b) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 9(b)(ii)

F156Words in reg. 23(4)(c) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 9(b)(iii)

F157Words in reg. 23(4)(d) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 9(b)(iv)

F158Reg. 23(4A) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 9(c)

F159Reg. 23(5) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 9(d)

F160Reg. 23(5ZA)(5ZB) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 9(e)

F161Reg. 23(5A) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(2)(a), 9(d)

F162Sums in reg. 23(5A) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), reg. 1(3), Sch. 2

F163Words in reg. 23(6) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(2)(a), 9(e)

F164Words in reg. 23(6)(a) inserted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(2)(a), 12(c)

F165Sum in reg. 23(6)(b) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), reg. 1(3), Sch. 2

F166Words in reg. 23(6)(b) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 9(f)

F167Reg. 23(6A)-(6C) inserted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(2)(a), 9(f)

F168Sum in reg. 23(6A)(b) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), reg. 1(3), Sch. 2

F169Words in reg. 23(6A)(b) omitted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 5(1)(a)

F170Words in reg. 23(6A)(b) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 5(1)(b)

F171Sum in reg. 23(6A)(c) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), reg. 1(3), Sch. 2

F172Words in reg. 23(6A)(c) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 9(g)(ii)

F173Sum in reg. 23(6B)(b) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), reg. 1(3), Sch. 2

F174Words in reg. 23(6B)(b) omitted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 5(1)(a)

F175Words in reg. 23(6B)(b) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 5(1)(b)

F176Sum in reg. 23(6B)(c) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), reg. 1(3), Sch. 2

F177Words in reg. 23(6B)(c) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 9(h)(ii)

F178Words in reg. 23(6C) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 9(i)

F179Words in reg. 23(7) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(2)(a), 9(g)(i)

F180Word in reg. 23(7)(a) inserted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(2)(a), 9(g)(ii)

F181Reg. 23(7)(b)(d) omitted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by virtue of The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(2)(a), 9(g)(iii)

F182Reg. 23(7A)-(7C) inserted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(2)(a), 9(h)

F183Words in reg. 23(7C) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 9(j)

F184Words in reg. 23(8) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 9(k)

Amount of fee loan for transferring studentsE+W

24.—(1) If a student's status as an eligible student is transferred from one designated course to another under regulation 7 and the circumstances in paragraph (2) apply, the student may apply to the Secretary of State 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.

(2) 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 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.

(3) If a student's status as an eligible student is transferred from one designated course to another under regulation 7 and the circumstances in paragraph (4) apply, the student may apply to the Secretary of State for another fee loan in respect of the academic year of the course to which the student transfers.

(4) 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.

(5) Where the circumstances in paragraph (2) 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 the student has taken out under these Regulations in respect of the academic year from which the student is transferring from the lesser of—

(a)the maximum amount specified in paragraph (3) to (6) of regulation 23 applicable in the student's case; and

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

(6) Where the circumstances in paragraph (4) 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—

(a)the amount specified in paragraph (3) to (6) of regulation 23 applicable in the student's case; and

(b)the fees payable by the student in connection with that year.

(7) 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.

(8) If a student's status as an eligible student is transferred from one course to another under these Regulations and the circumstances in paragraph (9) apply, the student may apply to the Secretary of State to reduce the amount of fee loan applied for in respect of the remainder of the academic year.

(9) The circumstances are—

(a)the fees payable in respect of the academic year of the course to which the current system student transfers are lower than the fees payable in respect of the academic year of the course from which the student is transferring;

(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.

(10) For the purposes of paragraph (9), the “remainder of the academic year” means the period of the academic year in respect of which the academic authority has not made a request to the Secretary of State for payment of the fee loan or fee loan instalment.

CHAPTER 4E+WGRANTS FOR FEES FOR OLD SYSTEM STUDENTS

Old system students who are continuing studentsE+W

25.—(1) This regulation applies to an old system student who began a designated course before 1st September 2006 and is continuing on that course after 31st August 2012 (a “continuing student”).

(2) A continuing student does not qualify for a grant for fees in respect of any academic year of the course that begins on or after 1st September 2012 where in the course of assessing an application for support in respect of an academic year of the designated course that began before 1st September 2006 the Secretary of State determined in accordance with regulations made by the Secretary of State under section 22 of the 1998 Act that the student did not qualify for fee support in respect of the designated course.

F185(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) A continuing student does not qualify for a grant for fees in respect of an academic year of a designated course that is a bursary year or an Erasmus year.

(5) When assessing an application for support in respect of an academic year of the designated course, the Secretary of State must determine the “standard entitlement”.

(6) The standard entitlement is calculated as follows—

(7) When assessing an application for support in respect of an academic year of the designated course, the Secretary of State must allocate a grant for fees 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 grant for fees has been allocated to each standard academic year of the course.

(8) A continuing student qualifies for a grant for fees in respect of a standard academic year of the designated course if the Secretary of State allocates a grant for fees to that year when assessing the application for support for that year.

(9) The amount of the grant for fees in respect of an academic year is determined in accordance with regulation 31, 32 or 33 and may be nil.

Textual Amendments

F185Reg. 25(3) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 12

Old system students who are transferring studentsE+W

26.—(1) Subject to paragraph (2), this regulation applies to an old system student who—

(a)began a designated course on or after 1st September 2006 and is continuing on that course after 31st August 2012; or

(b)begins a designated course on or after 1st September 2012,

and whose status as an eligible student has been transferred to the course as a result of one or more transfers of that status by the Secretary of State pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act from a designated course that the student began before 1st September 2006 (a “transferring student”).

(2) This regulation does not apply where an eligible student has transferred from a course in relation to which that student was a gap year student to another designated course in accordance with regulations made by the Secretary of State under section 22 of the 1998 Act.

(3) Where in the course of assessing an application for support in respect of an academic year of the relevant course, the Secretary of State determined in accordance with regulations made by the Secretary of State under section 22 of the 1998 Act that the student did not qualify for fee support in respect of that course, a transferring student does not qualify for a grant for fees in respect of any academic year of the current course.

(4) In this regulation, the “relevant course” is the designated course that the student was taking as at 31st August 2006.

F186(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) A transferring student does not qualify for a grant for fees in respect of an academic year of a designated course that is a bursary year or an Erasmus year.

(7) When assessing an application for support in respect of an academic year of a designated course, the Secretary of State must determine the “standard entitlement”.

(8) The standard entitlement is calculated as follows where the course began before 1st September 2007 and is not a course listed in paragraph (11)—

(9) The standard entitlement is calculated as follows where the course begins on or after 1st September 2007 and is not a course listed in paragraph (11)—

(10) The standard entitlement is calculated as follows where the course is one listed in paragraph (11)—

(11) The courses are—

(a)a course for the degree (including an honours degree) of Bachelor of Education where the student has transferred to that course from a course for the Certificate in Education on or before the completion of the latter course;

(b)a course for the honours degree of Bachelor of Education where the student has transferred to that course from a course for the degree (other than an honours degree) of Bachelor of Education on or before the completion of the latter course.

(12) When assessing an application for support in respect of an academic year of a designated course, the Secretary of State must allocate a grant for fees 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 grant for fees has been allocated to each standard academic year of the course.

(13) A transferring student qualifies for a grant for fees in respect of a standard academic year of the designated course if the Secretary of State allocates a grant for fees to that year when assessing the application for support for that year.

(14) The amount of the grant for fees in respect of an academic year is determined in accordance with regulation 31, 32 or 33 and may be nil.

Textual Amendments

F186Reg. 26(5) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 13

Old system students who are on end-on coursesE+W

27.—(1) An old system student who is on an end-on course of the kind described in paragraph (a) of the definition of “end-on course” in regulation 2 that the student began before 1st September 2006 qualifies for a grant for fees in respect of that course in accordance with regulation 25.

(2) An old system student who is on an end-on course of the kind described in paragraph (c) of the definition of “end-on course” in regulation 2 qualifies for a grant for fees in respect of that course in accordance with regulation 25.

(3) Paragraphs (4) to (10) apply to—

(a)an old system student in respect of an end-on course of the kind described in paragraph (a) of the definition of “end-on course” in regulation 2 that the student—

(i)began on or after 1st September 2006 and is continuing on after 31st August 2012; or

(ii)begins on or after 1st September 2012;

(b)an old system student in respect of an end-on course of the kind described in paragraph (b) of the definition of “end-on course” in regulation 2.

(4) An old system student to whom this paragraph applies does not qualify for fee support in respect of a course mentioned in paragraph (3) if the student has an honours degree from an institution in the United Kingdom and the exemptions in regulation 13(2) or (4) do not apply.

(5) An old system student to whom this paragraph applies does not qualify for a grant for fees in respect of an academic year of a course mentioned in paragraph (3) that is a bursary year or an Erasmus year.

(6) When assessing an application for support in respect of an academic year of a course mentioned in paragraph (3), the Secretary of State must determine the “standard entitlement”.

(7) The standard entitlement is calculated as follows—

(8) When assessing an application for support in respect of an academic year of a course to which this paragraph applies, the Secretary of State must allocate a grant for fees 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 grant for fees has been allocated to each standard academic year of the course.

(9) An old system student to whom this paragraph applies qualifies for a grant for fees in respect of a standard academic year of a course to which this paragraph applies if the Secretary of State allocates a grant for fees to that year when assessing the application for support for that year.

(10) The amount of the grant for fees in respect of an academic year of a course to which this paragraph applies is determined in accordance with regulation 31, 32 or 33 and may be nil.

Old system students who are gap year students who have not studied on a previous courseE+W

28.—(1) This regulation applies to an old system student who is a gap year student who has not studied on a previous course.

[F187(2) A gap year student does not qualify for fee support in respect of a designated course if the student has an honours degree from an institution in the United Kingdom and the exemptions in regulation 13(2) or (4) do not apply.]

(3) A gap year student does not qualify for a grant for fees in respect of an academic year of a designated course that is a bursary year or an Erasmus year.

(4) When assessing an application for support in respect of an academic year of a designated course, the Secretary of State must determine the “standard entitlement”.

(5) The standard entitlement is calculated as follows—

(6) When assessing an application for support in respect of an academic year of a designated course, the Secretary of State must allocate a grant for fees 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 grant for fees has been allocated to each standard academic year of the course.

(7) A gap year student qualifies for a grant for fees in respect of a standard academic year of the designated course if the Secretary of State allocates a grant for fees to that year when assessing the application for support for that year.

(8) The amount of the grant for fees in respect of an academic year is determined in accordance with regulation 31 or 32 and may be nil.

Textual Amendments

F187Reg. 28(2) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 14

Old system students who are gap year students who have studied on a previous courseE+W

29.—(1) This regulation applies where—

(a)an old system student is a gap year student who has studied on a previous course;

(b)an old system student has transferred from a course in relation to which that student was a gap year student to another designated course in accordance with regulations made by the Secretary of State under section 22 of the 1998 Act.

[F188(2) An old system student to whom this regulation applies does not qualify for fee support in respect of a designated course if the student has an honours degree from an institution in the United Kingdom and the exemptions in regulation 13(2) or (4) do not apply.]

(3) An old system student to whom this regulation applies does not qualify for a grant for fees in respect of an academic year of a designated course that is a bursary year or an Erasmus year.

(4) When assessing an application for support in respect of an academic year of a designated course, the Secretary of State must determine the “standard entitlement”.

(5) The standard entitlement is calculated as follows—

(6) When assessing an application for support in connection with an academic year of a designated course, the Secretary of State must allocate a grant for fees 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 grant for fees has been allocated to each standard academic year of the course.

(7) An old system student to whom this regulation applies qualifies for a grant for fees in respect of a standard academic year of the designated course if the Secretary of State allocates a grant for fees to that year when assessing the application for support for that year.

(8) In addition to the standard entitlement, an old system student to whom this regulation applies qualifies for a grant for fees 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 if the student failed to complete the most recent previous course because of compelling personal reasons.

(9) Where an old system student to whom this regulation applies qualifies for a grant for fees under paragraph (8), the Secretary of State must not allocate a grant for fees 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.

(10) The amount of the grant for fees in respect of an academic year is determined in accordance with regulation 31 or 32 where the eligible student falls within paragraph (1)(a) and in accordance with regulation 31, 32 or 33 where the eligible student falls within paragraph (1)(b) and in either case the amount may be nil.

Textual Amendments

F188Reg. 29(2) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 15

Availability of the grant for fees to old system students for years of repeat studyE+W

30.—(1) In addition to the standard entitlement, if the Secretary of State determines that the student is repeating an academic year of the designated course because of compelling personal reasons, an old system student qualifies for a grant for fees 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.

(2) An old system student qualifies for a grant for fees 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 (after 31st August 2006) on the current course other than for compelling personal reasons, it does not exceed the number of additional years of support.

(3) 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 grant for fees under regulation 29(8)).

Amount of the grant for fees for a course at a publicly funded institutionE+W

31.—(1) Unless one of the cases set out in regulation 23(7) applies, the basic amount of the grant for fees in respect of an academic year of a designated course at a publicly funded institution is the lesser of—

(a)£1,380; and

(b)the fees payable by the student in connection with that year.

(2) In the cases set out in regulation 23(7), the basic amount of the grant for fees in respect of an academic year is the lesser of—

(a)£680; and

(b)the fees payable by the student in connection with that year.

(3) Where a contribution exceeding nil is calculated under Schedule 4, a deduction will be made from the basic amount of the grant for fees determined under paragraph (1) or (2) in accordance with regulation 102.

(4) Paragraphs (1) to (3) do not apply to designated courses at Heythrop College or at Guildhall School of Music and Drama.

(5) In the case of a designated course at Heythrop College, the amount of grant for fees in respect of an academic year is the lesser of—

(a)£2,465; and

(b)the fees payable by the student in connection with that year.

(6) In the case of a designated course at Guildhall School of Music and Drama, the amount of grant for fees in respect of an academic year is the lesser of—

(a)£5,030; and

(b)the fees payable by the student in connection with that year.

Amount of the grant for fees for a course that is provided at a private institution on behalf of a publicly funded institutionE+W

32.—(1) The basic amount of the grant for fees in respect of an academic year at a private institution is the lesser of £1,380 and the fees payable by the student in connection with that year if—

(a)the designated course began on or after 1st September 2001;

(b)the designated course is provided on behalf of a publicly funded institution; and

(c)none of the cases in regulation 23(7) applies.

(2) The basic amount of the grant for fees in respect of an academic year at a private institution is the lesser of £680 and the fees payable by the student in connection with that year if—

(a)the designated course began on or after 1st September 2001;

(b)the designated course is provided on behalf of a publicly funded institution; and

(c)one or more of the cases in regulation 23(7) applies.

(3) Where a contribution exceeding nil is calculated under Schedule 4, a deduction will be made from the basic amount of the grant for fees determined under paragraph (1) or (2) in accordance with regulation 102.

Amount of the grant for fees for a course at a private institutionE+W

33.—(1) Subject to paragraph (2), the amount of the grant for fees in respect of an academic year of a designated course at a private institution where regulation 32 does not apply is the lesser of—

(a)£1,285; and

(b)the fees payable by the student in connection with that year.

(2) In the case of a designated course at the University of Buckingham, the amount of the grant for fees in respect of an academic year is £3,275.

CHAPTER 5E+WFEE CONTRIBUTION LOANS FOR OLD SYSTEM STUDENTS

Availability of fee contribution loans to old system studentsE+W

34.  An old system student qualifies for a fee contribution loan in respect of an academic year of a designated course if—

(a)the student qualifies for a grant for fees in respect of that year or would have qualified if the student had applied for the grant (even if the amount is or would have been nil); and

(b)the designated course is provided by or on behalf of an institution that was publicly funded as at 1st August 2005.

Amount of the fee contribution loanE+W

35.—(1) Where an old system student applies for a grant for fees and a fee contribution loan, the amount of the fee contribution loan in respect of an academic year of the designated course is the amount for which the student applies not exceeding the difference between the basic amount of the grant determined under regulation 31 or 32 and the amount of the grant that is payable after the application of the contribution in accordance with regulation 102.

(2) Where the only fee support for which an old system student applies is a fee contribution loan, the maximum amount for which the student may apply in respect of an academic year is the lesser of—

(a)£1,380 or, if any of the cases set out in regulation 23(7) apply, £680; and

(b)the fees payable by the student in connection with the academic year.

(3) An old system student may apply to borrow an additional amount of fee contribution loan where—

(a)the Secretary of State determines that the maximum amount of fee contribution loan should be increased (including an increase from nil) as a result of a reassessment of the student's contribution or otherwise; and

(b)the Secretary of State considers that the increase in the maximum amount does not result from the old system student—

(i)failing to provide information promptly which might affect the student's ability to qualify for a grant for fees or fee contribution loan or the amount of grant for fees or fee contribution loan for which the student qualifies; or

(ii)providing information which is inaccurate in any material particular.

(4) The additional amount under paragraph (3) is an amount which when added to the amount already applied for does not exceed the increased maximum.

(5) Where an old system student (“A”) has applied for a fee contribution loan of less than the maximum amount to which A is entitled, A may apply to borrow an additional amount which, when added to the amount already applied for, does not exceed the relevant maximum applicable in A's case.

PART 5 E+WGRANTS FOR LIVING AND OTHER COSTS

CHAPTER 1E+WTYPES OF GRANTS AVAILABLE

Current system studentsE+W

36.  The following grants are available to a current system student in connection with a designated course if the student meets the relevant qualifying conditions in this Part—

(a)disabled students' allowance;

(b)grant for dependants;

(c)grant for travel;

(d)maintenance grant or special support grant.

Old system studentsE+W

37.  The following grants are available to an old system student in connection with a designated course if the student meets the relevant qualifying conditions in this Part—

(a)disabled students' allowance;

(b)grant for dependants;

(c)grant for travel;

(d)higher education grant.

CHAPTER 2E+WGENERAL PROVISIONS

General qualifying conditions for grants for living and other costsE+W

38.—(1) An eligible student qualifies for a grant under this Part provided that the student—

(a)is not excluded from qualification by any of the following paragraphs; and

(b)satisfies the qualifying conditions for the particular grant for which the student is applying.

(2) An eligible student does not qualify for a grant under this Part, other than for a disabled students' allowance, in respect of a distance learning course [F189unless the student is treated as being in attendance on the designated course under regulation 39].

(3) An eligible student does not qualify for a grant under this Part if the only paragraph in Part 2 of Schedule 1 into which the student falls is paragraph 9 [F190or paragraph 10];

(4) An eligible student does not qualify for a grant under this Part in respect of—

(a)an academic year which is a bursary year[F191.]

F192(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F192(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F193(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) An eligible student does not qualify for a grant under this Part in respect of any academic year of a sandwich course where the periods of full-time study are in aggregate less than 10 weeks unless the periods of work experience constitute unpaid service.

(7) For the purposes of paragraph (6), “unpaid service” means—

(a)unpaid service in a hospital or in a public health service laboratory or with a [F194clinical commissioning group] in the United Kingdom;

(b)unpaid service with a local authority in the United Kingdom acting in the exercise of its functions relating to the care of children and young persons, health or welfare or with a voluntary organisation providing facilities or carrying out activities of a like nature in the United Kingdom;

[F195(ba)unpaid service with a local authority (within the meaning of section 2B of the National Health Service Act 2006) acting in the exercise of public health functions (within the meaning of that Act);]

(c)unpaid service in the prison or probation and aftercare service in the United Kingdom;

(d)unpaid research in an institution in the United Kingdom or, in the case of a student attending an overseas institution as part of the student's course, in an overseas institution; F196...

(e)unpaid service with—

[F197(i)a Special Health Authority established pursuant to section 28 of the National Health Service Act 2006;

(ia)the National Health Service Commissioning Board;

(ib)the National Institute for Health and Care Excellence;

(ic)the Health and Social Care Information Centre;]

(ii)a Local Health Board established pursuant to section 11 of the National Health Service (Wales) Act 2006 M45 or a Special Health Authority established pursuant to section 22 of that Act;

(iii)a Health Board or a Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978 M46; or

(iv)a Health and Social Services Board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972 M47 [F198; or]

[F199(f)unpaid service with either House of Parliament.]

(8) Subject to paragraph (9), where one of the events listed in regulation 17(a), (b), (c), (e), (f), (g) or (h) occurs in the course of an academic year, a student may qualify for a particular grant in accordance with this Part in respect of F200...part of that academic year but a student does not qualify for such a grant in respect of any academic year beginning before the academic year in which the relevant event occurred.

(9) Where the state of which the student is a national accedes to the EU the student may qualify for a grant under this Part only if the student has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the first academic year of the course.

(10) Subject to paragraph (11), an eligible student does not qualify for a grant under this Part if the student is a prisoner.

(11) Paragraph (10) does not apply in respect of disabled students' allowance for a course beginning before 1st September 2012.

Textual Amendments

F190Words in reg. 38(3) inserted (with application in accordance with reg. 1(3)(4) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2016 (S.I. 2016/270), regs. 1(1), 3

F191Full stop in reg. 38(4)(a) substituted for semi-colon (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 16(a)(i)

F192Reg. 38(4)(b)(c) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 16(a)(ii)

F193Reg. 38(5) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 16(b)

F198Word in reg. 38(7)(e)(iv) substituted for full-stop (7.11.2014) by The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(2), 8(b)

F200Words in reg. 38(8) omitted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(2)(a), 13

Marginal Citations

M461978 c.29 to which there have been amendments not relevant to these regulations.

M47S.I. 1972/1265 (N.I. 14), to which there have been amendments not relevant to these regulations.

Students who are treated as in attendanceE+W

39.—(1) A student to whom this regulation applies is treated as being in attendance on the designated course for the purpose of qualifying for the following grants—

(a)disabled students' allowance;

(b)grant for dependants;

(c)maintenance grant or special support grant;

(d)higher education grant.

(2) This regulation applies to—

(a)a compressed degree student;

(b)a student on a period of study or period of work placement in an Erasmus year;

(c)a disabled student who—

(i)is not a compressed degree student; and

(ii)is undertaking a designated course in the United Kingdom but is not in attendance because the student is unable to attend for a reason which relates to the student's disability.

CHAPTER 3E+WDISABLED STUDENTS' ALLOWANCES

[F201Qualifying conditions for the disabled students' allowanceE+W

40.—(1) Subject to paragraphs (2) to (4), a student qualifies for a grant under regulation 40A if the student—

(a)is an eligible student; and

(b)has a disability.

(2) A student does not qualify for a grant under regulation 40A in respect of a distance learning course starting on or after 1st September 2012 unless the Secretary of State considers that the student is undertaking the designated course in England on the first day of the first academic year.

[F202(2A) For the purposes of paragraph (2), a person (“A”) is to be treated as being ordinarily resident in England for any period during which A would have been so resident but for the fact that—

(a)A,

(b)A’s spouse or civil partner,

(c)A’s parent, or

(d)in the case of a dependent direct relative in the ascending line, A’s child or child’s spouse or civil partner,

is or was temporarily employed in Wales, Scotland or Northern Ireland as a member of the regular naval, military or air forces of the Crown.]

(3) A student who would otherwise qualify for a grant under regulation 40A in respect of a distance learning course does not qualify for that grant in respect of that course if the Secretary of State considers that the student is undertaking the course outside of the United Kingdom.

[F203(3A) Paragraphs (2) and (3) do not apply to a person who is treated as being ordinarily resident in the United Kingdom by virtue of paragraph 1(4) of Schedule 1 on the basis of temporary employment falling within paragraph 1(5)(a) of that Schedule.]

(4) Where the state of which the student is a national accedes to the EU the student only qualifies for disabled students’ allowance if the student has been ordinarily resident in the United Kingdom and Islands throughout the three year period immediately preceding the first day of the first academic year of the course.]

Textual Amendments

F201 Regs. 40, 40A substituted for reg. 40 (with application in accordance with reg. 1(4)(b)(5) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(4)(a), 9

F202Reg. 40(2A) inserted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 3(2)

F203Reg. 40(3A) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 10

[F201Payment of the disabled students’ allowanceE+W

40A.  The Secretary of State is authorised to pay the disabled students’ allowance to a student (“A”) who qualifies for that grant under regulation 40 for the purpose of assisting with the additional expenditure which A is obliged to incur in connection with A’s attendance on or undertaking of a designated course by reason of A’s disability.]

Textual Amendments

F201 Regs. 40, 40A substituted for reg. 40 (with application in accordance with reg. 1(4)(b)(5) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(4)(a), 9

Amount of the disabled students' allowanceE+W

41.—(1) Subject to the following paragraphs, the amount of the disabled students' allowance is the amount that the Secretary of State considers appropriate in accordance with the student's circumstances.

[F204(1A) Subject to paragraph (2), the amount of the disabled students’ allowance in respect of additional expenditure on a computer must not exceed an amount equal to the additional expenditure incurred less £200.]

(2) Except where paragraph (4) applies, the amount of the disabled students' allowance must not exceed—

(a)[F205£21,987] in respect of an academic year for expenditure on a non-medical personal helper;

(b)[F206£5,529] in respect of all the academic years during the period of eligibility for expenditure on major items of specialist equipment;

(c)the additional expenditure incurred—

(i)within the United Kingdom for the purpose of attending the institution;

(ii)within or outside the United Kingdom for the purpose of attending, as a part of the student's course, any period of study at an overseas institution or for the purpose of attending the Institute;

(d)[F207£1,847] in respect of an academic year for any other expenditure including expenditure incurred for the purposes referred to in sub-paragraph (a) or (b) which exceeds the maxima specified in those sub-paragraphs.

(3) Where the eligible student has received payments to assist with expenditure on major items of specialist equipment in connection with the course by virtue of holding a transitional award, the maximum amount of grant under paragraph (2)(b) is reduced by the amount of those payments.

F208(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F209(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F210(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F211(7) Subject to paragraph (8), the disabled students’ allowance is payable in respect of the four quarters of the academic year, except where the allowance is used for expenditure on major items of specialist equipment.

(8) Subject to [F212regulation 40(4)], where one of the events listed in regulation 17(a), (b), (c), (e) (f), (g) or (h) occurs in the course of an academic year, a student may qualify for the disabled students’ allowance for the purposes specified in paragraphs (2)(a), (c) and (d) in respect of such quarters as begin after the relevant event occurs.

F213(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F204Reg. 41(1A) inserted (with application in accordance with reg. 1(4)(b)(5) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(4)(a), 10(a)

F205Sum in reg. 41(2)(a) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F206Sum in reg. 41(2)(b) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F207Sum in reg. 41(2)(d) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F209Reg. 41(5) omitted (with application in accordance with reg. 1(4)(b)(5) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(4)(a), 10(b)

F210Reg. 41(6) omitted (with application in accordance with reg. 1(4)(b)(5) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(4)(a), 10(b)

F211Reg. 41(7)-(9) inserted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(2)(a), 14(c)

F213Reg. 41(9) omitted (with application in accordance with reg. 1(4)(b)(5) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(4)(a), 10(b)

CHAPTER 4E+WGRANTS FOR DEPENDANTS

Interpretation of Chapter 4E+W

42.—(1) In regulations 44 to 47—

(a)subject to sub-paragraph (n), “adult dependant” means, in relation to an eligible student, an adult person dependent on the student other than the student's child, the student's partner (including a spouse or civil partner from whom the Secretary of State considers the student is separated) or the student's former partner;

(b)“child” in relation to an eligible student includes any child of the student's partner who is dependent on the student and any child for whom the student has parental responsibility who is dependent on the student;

(c)“dependant” means, in relation to an eligible student, the student's partner, the student's dependent child or an adult dependant, who in each case is not an eligible student and does not hold a statutory award;

(d)“dependent” means wholly or mainly financially dependent;

(e)“dependent child” means, in relation to an eligible student, a child dependent on the student;

(f)“lone parent” means an eligible student who does not have a partner and who has a dependent child or dependent children;

(g)“net income” has the meaning given in paragraph (2);

[F214(ga)“preceding financial year” means the financial year immediately preceding the relevant year;

(gb)“prior financial year” means the financial year immediately preceding the preceding financial year;

(gc)“relevant year” means the academic year of the course in respect of which the eligible student’s dependants’ income falls to be assessed;

(gd)“residual income” means taxable income after the application of paragraph (5) (in the case of an eligible student’s partner) or paragraph (6) (in the case of an eligible student’s adult dependants);

[F215(ge)“taxable income” means, in respect of the prior financial year—

(i)the total income on which a person (“A”) is charged to income tax as determined at Step 1 of the calculation in section 23 of the Income Tax Act 2007, together with any payments and other benefits mentioned in section 401(1) of the Income Tax (Earnings and Pensions) Act 2003 (ignoring section 401(2) of that Act), received or treated as received by A, to the extent that they are not a component of the total income on which A is charged to income tax;

(ii)A’s total income from all sources as determined for the purposes of the income tax legislation of another Member State which applies to A’s income; or

(iii)where the legislation of more than one Member State applies to the period, A’s total income from all sources as determined for the purposes of the income tax legislation under which the Secretary of State considers that A’s total income in that period is greatest,

except than no account is taken of income referred to in paragraph (1A) paid to another party;]]

(h)subject to sub-paragraphs (i), (j), (k), (l) and (m), “partner” means any of the following—

(i)the spouse of an eligible student;

(ii)the civil partner of an eligible student;

(iii)a person ordinarily living with an eligible student as if that person were the student's spouse where an eligible student falls within paragraph 2(1)(a) of Schedule 4 and began the specified designated course on or after 1st September 2000;

(iv)a person ordinarily living with an eligible student as if that person were the student's civil partner where an eligible student falls within paragraph 2(1)(a) of Schedule 4 and began the specified designated course on or after 1st September 2005;

(i)unless otherwise indicated, a person who would otherwise be a partner under sub-paragraph (h) is not to be treated as a partner if—

(i)in the opinion of the Secretary of State, that person and the eligible student are separated; or

(ii)the person is ordinarily living outside the United Kingdom and is not maintained by the eligible student;

(j)for the purposes of the definition of “adult dependant”, a person is to be treated as a partner if that person would be a partner under sub-paragraph (h) but for the fact that the eligible student with whom that person is ordinarily living does not fall within paragraph 2(1)(a) of Schedule 4;

(k)for the purposes of the definitions of “child” and “lone parent”, a person is to be treated as a partner if that person would be a partner under sub-paragraph (h) but for the date on which the eligible student began the specified designated course or the fact that the eligible student with whom that person is ordinarily living does not fall within paragraph 2(1)(a) of Schedule 4;

(l)for the purposes of regulation 45—

(i)sub-paragraph (i) does not apply; and

(ii)a person is to be treated as a partner if that person would be a partner under sub-paragraph (h) but for the fact that the eligible student with whom that person is ordinarily living does not fall within paragraph (2)(1)(a) of Schedule 4;

(m)for the purposes of determining whether a person is the former partner of an eligible student's partner, “partner” in relation to an eligible student's partner means—

(i)the spouse of an eligible student's partner;

(ii)the civil partner of an eligible student's partner;

(iii)where the eligible student began the specified designated course on or after 1st September 2000, a person (“A”) ordinarily living with an eligible student's partner (“B”) as if A were B's spouse;

(iv)where the eligible student began the specified designated course on or after 1st September 2005, a person “A” ordinarily living with an eligible student's partner “B” as if A were B's civil partner;

(n)subject to sub-paragraph (o), for the purposes of the definitions of “adult dependant” and “dependent child”, the Secretary of State may treat an adult person or child as dependent on an eligible student if the Secretary of State is satisfied that the adult person or child—

(i)is not dependent on—

(aa)the eligible student; or

(bb)the student's partner; but

(ii)is dependent on the eligible student and the student's partner together;

(o)the Secretary of State must not treat an adult person (“A”) as dependent on an eligible student in accordance with sub-paragraph (n), if A is—

(i)the spouse or civil partner of the eligible student's partner (including a spouse or civil partner from whom the Secretary of State considers the eligible student's partner is separated); or

(ii)the former partner of the eligible student's partner.

[F216(1A) The income referred to in this paragraph is any benefits under a pension arrangement pursuant to an order made under section 23 of the Matrimonial Causes Act 1973 which includes provision made by virtue of sections 25B(4) and 25E(3) of that Act or pension benefits under Part 1 of Schedule 5 to the Civil Partnership Act 2004 which includes provision made by virtue of Parts 6 and 7 of that Schedule.]

(2) F217...A dependant's net income is the dependant's income from all sources [F218(for the relevant year for the purposes of regulation 44(2)(b) and for the prior financial year for the purposes of regulation 47(7))] reduced by the amount of income tax and social security contributions payable in respect of it but disregarding—

(a)any pension, allowance, or other benefit paid by reason of a disability or incapacity to which the dependant is subject;

(b)child benefit payable under Part IX of the Social Security Contributions and Benefits Act 1992 M48;

(c)any financial support payable to the dependant by a local authority in accordance with regulations made under sections 2, 3 and 4 of the Adoption and Children Act 2002 M49;

(d)any guardian's allowance to which the dependant is entitled under section 77 of the Social Security Contributions and Benefits Act 1992;

(e)in the case of a dependant with whom a child being looked after by a local authority is boarded out, any payment made to that dependant in pursuance of section 22C of the Children Act 1989 M50 [F219or, as the case may be, any payment made under section 81 of the Social Services and Well-being (Wales) Act 2014];

(f)any payments made to the dependant under section 15 of and Schedule 1 to the Children Act 1989 in respect of a person who is not the dependant's child or any assistance given by a local authority pursuant to section 24 of that Act M51 [F220or section 104 of the Social Services and Well-being (Wales) Act 2014 in so far as that section applies to category 5 and 6 young persons within the meaning of that Act];

(g)any child tax credit to which the dependant is entitled under Part I of the Tax Credits Act 2002 M52; F221...

(h)a higher education bursary paid to the dependent;

[F222(i)in the case of a dependant who is entitled to an award of universal credit—

(i)any amount that is included in the calculation of the award, under regulation 27(1) of the Universal Credit Regulations 2013, in respect of the fact that the dependant has F223... or limited capability for work and work-related activity;

(ii)any amount or additional amount that is included in the calculation of the award under regulation 24 of those Regulations (the child element)].

(3) [F224Subject to paragraph (3A),] where an eligible student or the student's partner makes any recurrent payments which were previously made by the student in pursuance of an obligation incurred before the first academic year of the student's course, the partner's [F225residual income is] reduced by—

(a)an amount equal to the payments in question for the academic year, if in the opinion of the Secretary of State the obligation had been reasonably incurred; or

(b)such lesser amount, if any, as the Secretary of State considers appropriate if, in the opinion of the Secretary of State, a lesser obligation could reasonably have been incurred.

[F226(3A) Paragraph (3) applies where—

(a)the current course begins before 1st August 2013;

(b)the student transfers to the current course pursuant to regulation 7 on or after 1st August 2013 from a designated course beginning before 1st August 2013;

(c)the current course is a full-time honours degree course beginning on or after 1st August 2013 which, disregarding any intervening vacation, the student begins immediately after ceasing to attend a full-time course mentioned in paragraph 2, 3 or 4 of Schedule 2 or a full-time foundation or ordinary degree course, which started on or after 1st September 2012, having achieved a qualification; or

(d)the current course is an end-on course of the kind described in paragraph (e) of the definition of an end-on course in regulation 2.]

(4) For the purposes of paragraph (2), where the dependant is a dependent child and payments are made to the eligible student towards the child's maintenance, those payments are to be treated as the child's income.

[F227(5) An eligible student’s partner’s residual income is determined in accordance with paragraph 6 of Schedule 4.

(6) An eligible student’s adult dependants’ residual income is determined in accordance with paragraph 5 of Schedule 4 (other than sub-paragraphs (8), (9) and (10) of paragraph 5), references to the parent being construed as references to the eligible student’s adult dependants.]

Textual Amendments

F214Reg. 42(1)(ga)-(ge) inserted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(2)(a), 15(a)

F216Reg. 42(1A) inserted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(2)(a), 15(b)

F217Words in reg. 42(2) omitted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(2)(a), 15(c)(i)

F218Words in reg. 42(2) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(2)(a), 15(c)(ii)

F224Words in reg. 42(3) inserted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(2)(a), 15(d)(i)

F225Words in reg. 42(3) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(2)(a), 15(d)(ii)

F226Reg. 42(3A) inserted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(2)(a), 15(e)

F227Reg. 42(5)(6) inserted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(2)(a), 15(f)

Marginal Citations

M481992 c.4 to which there are amendments not relevant to these Regulations.

M501989 c.41; sections 22A to 22F substituted section 23 and were inserted by the Children and Young Persons Act 2008 (c.23).

M511989 c.41. There are amendments to sections 15 and 24 and Schedule 1 which are not relevant to these Regulations.

M522002 c.21; section 3 was amended by the Civil Partnership Act 2004 (c.33), Schedule 24 and there are amendments not relevant to these Regulations.

GeneralE+W

43.—(1) The grant for dependants consists of the following elements—

(a)adult dependants' grant;

(b)childcare grant;

(c)parents' learning allowance.

(2) The qualifying conditions for each element and the amounts payable are set out in regulations 44 to 47.

Adult dependants' grantE+W

44.—(1) An eligible student qualifies for an adult dependants' grant in connection with the student's attendance on a designated course in accordance with this regulation.

(2) The adult dependants' grant is available in respect of one dependant of an eligible student who is either—

(a)the eligible student's partner; or

(b)an adult dependant whose net income [F228for the relevant year] does not exceed £3,796.

(3) The amount of adult dependants' grant payable in respect of an academic year is calculated in accordance with regulation 47, the basic amount being—

(a)[F229£2,925]; or

(b)where the person in respect of whom the eligible student is applying for adult dependants' grant is ordinarily resident outside the United Kingdom, such amount not exceeding [F230£2,925] as the Secretary of State considers reasonable in the circumstances.

Textual Amendments

F228Words in reg. 44(2)(b) inserted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(2)(a), 16

F229Sum in reg. 44(3)(a) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F230Sum in reg. 44(3)(b) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

Childcare grantE+W

45.—(1) An eligible student (“A”) qualifies for a childcare grant in connection with A's attendance on a designated course in accordance with this regulation.

(2) Subject to paragraphs (3) [F231, (3B)] and (4), the childcare grant is available in respect of an academic year in which A incurs prescribed childcare charges for—

(a)a dependent child who is under the age of 15 immediately before the beginning of the academic year; or

(b)a dependent child who has special educational needs within the meaning of [F232section 20 of the Children and Families Act 2014] and is under the age of 17 immediately before the beginning of the academic year.

(3) A does not qualify for a childcare grant if F233... [F234—

(a)[F235A or A’s partner] has elected to receive the childcare element of the working tax credit under Part 1 of the Tax Credits Act 2002; F236...

(b)[F237A or A’s partner] is entitled to an award of universal credit the calculation of which includes an amount under regulation 31 of the Universal Credit Regulations 2013 (childcare costs element)] F238...

[F239(c)A’s partner has elected to receive financial support for childcare under a healthcare bursary [F240or Scottish healthcare allowance] [F241; or]]

[F242(d)A’s partner is eligible for a healthcare tuition payment and has elected to receive financial support for childcare under section 63 of the Health Services and Public Health Act 1968.]

[F243(3A) In this regulation, the terms “entitlement period” and “valid declaration of eligibility” have the same meanings as they have for the purposes of the Childcare Payments Act 2014 and regulations made thereunder.

(3B) A does not qualify for a childcare grant during any entitlement period for which A or A’s partner has made a valid declaration of eligibility under the Childcare Payments Act 2014 in relation to any child.]

(4) A does not qualify for a childcare grant if the prescribed childcare charges that A incurs for A's child are paid or to be paid by A to A's partner.

(5) Subject to [F244paragraphs (6) and (8)], the basic amount of childcare grant for each week is—

(a)for one dependent child, 85 per cent. of the prescribed childcare charges, subject to a maximum amount of [F245£164.70] per week; or

(b)for two or more dependent children, 85 per cent. of the prescribed childcare charges, subject to a maximum amount of [F246£282.36] per week

except that A does not qualify for any such grant in respect of each week falling within the period between the end of the course and the end of the academic year in which the course ends.

(6) For the purposes of calculating the basic amount of childcare grant—

(a)a week runs from Monday to Sunday; and

(b)where a week in respect of which prescribed childcare charges are incurred falls partly within and partly outside the academic year in respect of which childcare grant is payable under this regulation, the maximum weekly amount of grant is calculated by multiplying the relevant maximum weekly amount in paragraph (5) by the number of days of that week falling within the academic year and dividing the product by seven.

(7) In this regulation “prescribed childcare charges” means childcare charges of a description prescribed for the purposes of section 12 of the Tax Credits Act 2002 M53.

[F247(8) Where A’s application for a childcare grant does not identify a childcare provider, the Secretary of State may limit—

(a)the amount of grant paid to A to the amount specified in paragraph (9), and

(b)payment of the grant to one quarter of the academic year,

until A has submitted details of the childcare provider to the Secretary of State.

(9) In paragraph (8), the amount of childcare grant is 85 per cent of the prescribed childcare charges, subject to a maximum amount of [F248£127.33] per week.

(10) Subject to paragraph (8) and (11), a childcare grant is payable in respect of the four quarters of the academic year.

(11) Subject to paragraph (12), where one of the events listed in regulation 17(a), (b), (c), (e), (f), (g) or (h) occurs in the course of an academic year, a student may qualify for a childcare grant in respect of such quarters as begin after the relevant event occurs.

(12) Where the state of which the student is a national accedes to the EU the student may qualify for the childcare grant only if the student has been ordinarily resident in the United Kingdom and Islands throughout the three year period immediately preceding the first day of the first academic year of the course.]

Textual Amendments

F233Words in reg. 45(3) omitted (with application in accordance with reg. 1(4)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(4)(a), 11(a)

F235Words in reg. 45(3)(a) inserted (with application in accordance with reg. 1(4)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(4)(a), 11(b)

F236Word in reg. 45(3)(a) omitted (with application in accordance with reg. 1(4)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(4)(a), 11(b)

F237Words in reg. 45(3)(b) inserted (with application in accordance with reg. 1(4)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(4)(a), 11(c)

F238Word in reg. 45(3)(b) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 12(a)

F239Reg. 45(3)(c) inserted (with application in accordance with reg. 1(4)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(4)(a), 11(d)

F241Word in reg. 45(3)(c) substituted for full-stop (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 12(b)(ii)

F242Reg. 45(3)(d) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 12(c)

F244Words in reg. 45(5) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(2)(a), 17

F245Sum in reg. 45(5)(a) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F246Sum in reg. 45(5)(b) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F247Reg. 45(8)-(12) inserted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(2)(a), 18

F248Sum in reg. 45(9) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

Marginal Citations

M53Regulation 14 of the Working Tax Credit (Entitlement and Maximum Amount) Regulations 2002 (S.I. 2002/2005; as amended by S.I. 2003/701, S.I. 2003/2815, S.I. 2004/762, S.I. 2004/1276, S.I. 2004/2663, S.I.2005/681, S.I. 2005/769, S.I. 2005/2919, S.I.2006/217, S.I. 2006/766, S.I. 2006/963, S.I. 2007/824, S.I.2007/968, S.I. 2007/2479, S.I. 2008/604, S.I.2008/1879, S.I.2008/2169, S.I.2009/679 and S.I.2009/800) S.I. 2009/2887, S.I. 2010/751, S.I. 2011/721 sets out the charges that are prescribed for the purposes of section 12 of the Tax Credits Act 2002.

Parents' learning allowanceE+W

46.—(1) An eligible student (“A”) qualifies in connection with A's attendance on a designated course for the parents' learning allowance if A has one or more dependants who are dependent children.

(2) The amount of parents' learning allowance payable in respect of an academic year is calculated in accordance with regulation 47, the basic amount being [F249£1,669].

Textual Amendments

F249Sum in reg. 46(2) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

CalculationsE+W

47.—(1) Subject to the following paragraphs, the amount payable in respect of a particular element of the grant for dependants for which the eligible student qualifies under regulations 44 to 46 is the amount of that element remaining after applying, until it is extinguished, an amount equal toas follows and in the following order—

(a)to reduce the basic amount of the adult dependants' grant where the eligible student qualifies for that element under regulation 44;

(b)to reduce the basic amount of the childcare grant for the academic year where the eligible student qualifies for that element under regulation 45; and

(c)to reduce the basic amount of the parents' learning allowance where the eligible student qualifies for that element under regulation 46.

(2) Subject to paragraphs (4), (5) and (13), where B is greater than or equal to A, the basic amount of each element of the grant for dependants for which the eligible student qualifies is payable.

(3) Where is equal to or exceeds the aggregate of the basic amounts of the elements of the grant for dependants for which the eligible student qualifies, the amount payable in respect of each element is nil.

(4) The amount of adult dependants' grant calculated under paragraph (1) in respect of an adult dependant is reduced by one half where—

(a)the eligible student's partner—

(i)is an eligible student; or

(ii)holds a statutory award; and

(b)account is taken of that partner's dependants in calculating the amount of support for which that partner qualifies or the payment to which that partner is entitled under the statutory award.

(5) The amount of childcare grant calculated under paragraph (1) is reduced by one half where—

(a)the eligible student's partner—

(i)is an eligible student; or

(ii)holds a statutory award; and

(b)account is taken of that partner's dependants in calculating the amount of support for which that partner qualifies or the payment to which that partner is entitled under the statutory award.

(6) Where the amount of the parents' learning allowance calculated under paragraph (1) is £0.01 or more but less than £50, the amount of parents' learning allowance payable is £50.

[F250(7) In this regulation—

A is the aggregate of—

(a)the residual income of the eligible student’s partner for the prior financial year;

(b)the residual income of the eligible student’s adult dependants for the prior financial year; and

(c)subject to paragraph (7B), (7C) or (7D), the net income of the eligible student’s dependent children for the prior financial year.

Where the student begins the course before 1st August 2013, B is—

(a)£1,159 where the eligible student has no dependent child;

(b)£3,473 where the eligible student is not a lone parent and has one dependent child;

(c)£4,627 where the eligible student—

(i)is not a lone parent and has more than one dependent child; or

(ii)is a lone parent and has one dependent child;

(d)£5,792 where the eligible student is a lone parent and has more than one dependent child.

Where the student begins the course on or after 1st August 2013, B is—

(a)£6,159 where the eligible student has no dependent child;

(b)£8,473 where the eligible student is not a lone parent and has one dependent child;

(c)£9,627 where the eligible student—

(i)is not a lone parent and has more than one dependent child; or

(ii)is a lone parent and has one dependent child;

(d)£10,792 where the eligible student is a lone parent and has more than one dependent child.

(7A) For the purposes of paragraph (7), the current course is treated as beginning before 1st August 2013 in relation to a student “A” where —

(a)A transfers to the current course pursuant to regulation 7 on or after 1st August 2013 from a designated course beginning before 1st August 2013;

(b)the current course is a full-time honours degree course beginning on or after 1st August 2013 which, disregarding any intervening vacation, A begins immediately after ceasing to attend a full-time course mentioned in paragraph 2, 3 or 4 of Schedule 2 or a full-time foundation or ordinary degree course, which started on or after 1st September 2012, having achieved a qualification; or

(c)the current course is an end-on course of the kind described in paragraph (e) of the definition of an end-on course in regulation 2.

(7B) Where the Secretary of State is satisfied that the net income of the eligible student’s dependent children in the financial year beginning immediately before the relevant year (“the current financial year”) is likely to be not more than 85 per cent of the sterling value of their net income in the prior financial year the Secretary of State may, for the purpose of enabling the eligible student to attend the course without hardship, ascertain the dependent children’s net income for the current financial year.

(7C) In the event that paragraph (7B) or this paragraph is applied in the previous academic year of the current course and the Secretary of State is satisfied that the net income of the eligible student’s dependent children in the financial year beginning immediately before the relevant year (“the current financial year”) is likely to be not more than 85 per cent of the sterling value of their net income in the previous financial year the Secretary of State may, for the purpose of enabling the eligible student to attend the course without hardship, ascertain the dependent children’s net income for the current financial year.

(7D) In an academic year immediately following one in which the Secretary of State has ascertained the eligible student’s dependent children’s net income for the current financial year under paragraph (7B) and, where applicable, under sub-paragraph (7C) the Secretary of State must ascertain the dependent children’s net income in the preceding financial year.] 

(8) Paragraphs (9) to (12) apply where, in the course of the academic year, any of the following occurs—

(a)there is a change in the number of the eligible student's dependants;

(b)a person becomes or ceases to be a dependant of the eligible student;

(c)the eligible student becomes or ceases to be a lone parent;

(d)a student becomes eligible for support as a result of an event referred to in regulation 17.

(9) For the purposes of determining the respective values of A and B and whether adult dependants' grant or parents' learning allowance is payable, the Secretary of State must determine the following in relation to each relevant quarter by reference to the student's circumstances in the relevant quarter—

(a)how many dependants the eligible student is to be treated as having;

(b)who those dependants are;

(c)whether the student is to be treated as a lone parent.

(10) The amount of grant for dependants for the academic year is the aggregate of the amounts of adult dependants' grant and parents' learning allowance calculated in respect of each relevant quarter under paragraph (11) and the amount of any childcare grant for the academic year.

(11) The amount of adult dependants' grant and parents' learning allowance in respect of a relevant quarter is one third of what that grant or allowance would be for the academic year if the student's circumstances in the relevant quarter as determined under paragraph (9) applied for the duration of the academic year.

(12) In this regulation, a “relevant quarter” means—

(a)in the case of a person referred to in paragraph (8)(d), a quarter which begins after the relevant event occurs other than a quarter during which, in the opinion of the Secretary of State, the longest of any vacation occurs;

(b)otherwise, a quarter other than the one quarter during which, in the opinion of the Secretary of State, the longest of any vacation occurs.

(13) A deduction may be made in accordance with Part 8 from the amount payable in respect of a particular element of the grant for dependants calculated under this Part.

Textual Amendments

F250Reg. 47(7)-(7D) substituted for reg. 47(7) (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(2)(a), 19

CHAPTER 5E+WGRANTS FOR TRAVEL

InterpretationE+W

48.  For the purposes of this Chapter—

(a)any reference to expenditure incurred for the purpose of attending an institution or period of study or period of overseas work placement in an Erasmus year.

(i)includes expenditure both before and after so attending; and

(ii)does not include any expenditure in respect of which a grant is payable under Chapter 3 of this Part;

(b)“qualifying quarter” means a quarter during which the eligible student attends as part of the student's course an overseas institution or the Institute or overseas workplace in an Erasmus year for at least half the period covered by that quarter.

GeneralE+W

49.  A grant for travel is available—

(a)to eligible students attending courses in medicine or dentistry in accordance with regulation 50;

(b)to eligible students attending an overseas institution or the Institute or overseas workplace in an Erasmus year in accordance with regulation 52.

[F25149A.—(1) Subject to paragraph (2), a grant for travel is payable in respect of the four quarters of the academic year.E+W

(2) Subject to paragraph (3), where one of the events listed in regulation 17(a), (b), (c), (e), (f), (g) or (h) occurs in the course of an academic year, a student may qualify for a grant for travel in respect of such quarters as begin after the relevant event occurs.

(3) Where the state of which the student is a national accedes to the EU the student may qualify for the grant for travel only if the student has been ordinarily resident in the United Kingdom and Islands throughout the three year period immediately preceding the first day of the first academic year of the course.]

Textual Amendments

F251Reg. 49A inserted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(2)(a), 20

Qualifying conditions for the grant for travel – courses in medicine and dentistryE+W

50.  A grant is available to an eligible student attending a course in medicine or dentistry (a necessary part of which is a period of study by way of clinical training) in respect of the reasonable expenditure which the student is obliged to incur in an academic year for the purpose of attending in connection with the student's course any hospital or other premises in the United Kingdom (not comprised in the institution) at which facilities for clinical training are provided other than expenditure incurred for the purpose of residential study away from the institution.

Amount of the grant for travel – courses in medicine and dentistryE+W

51.  The amount of grant payable under regulation 50 in respect of an academic year is equal to the reasonable expenditure that the Secretary of State determines the eligible student is obliged to incur for the purposes set out in that regulation less £303.

Qualifying conditions for the grant for travel – overseas studyE+W

52.  A grant is available to an eligible student in respect of the reasonable expenditure which the student is obliged to incur in each qualifying quarter within or outside the United Kingdom for the purpose of attending as part of the student's course the overseas institution or the Institute or overseas workplace in an Erasmus year.

Amount of the grant for travel – overseas studyE+W

53.  The amount of grant payable under regulation 52 in respect of an academic year is calculated as follows—

54.  The expenditure specified in this regulation is—

(a)expenditure that the eligible student reasonably incurs in insuring against liability for the cost of medical treatment provided outside the United Kingdom for any illness or bodily injury contracted or suffered during the period the student is attending the overseas institution or the Institute;

(b)the cost of a visa or visas that the eligible student is obliged to obtain in order to attend the overseas institution or the Institute; and

(c)medical costs that the eligible student reasonably incurs in order to fulfil a mandatory condition of entry into the territory, country or state in which the overseas institution or the Institute is situated.

Deductions from the grant for travelE+W

55.  A deduction may be made from any grant under this Chapter in accordance with Part 8.

CHAPTER 6E+WMAINTENANCE GRANTS FOR CURRENT SYSTEM STUDENTS

Qualifying conditions for the maintenance grantE+W

56.—(1) A current system student [F252who is not a 2016 cohort student] qualifies in accordance with this regulation for a maintenance grant in connection with the student's attendance on a designated course (other than a distance learning course).

(2) A current system student does not qualify for a maintenance grant if the student qualifies for a special support grant.

(3) If a current system student does not qualify for a fee loan in respect of an academic year of the designated course, the student cannot qualify for a maintenance grant for that year unless the reason that the student does not qualify for a fee loan is that—

(a)the year is an Erasmus year [F253in accordance with regulation 19(2)][F254.]

F255(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) A current system student does not qualify for a maintenance grant if the current course is the graduate entry accelerated programme.

[F256(5) Subject to paragraph (6), a maintenance grant is payable to a qualifying student in respect of the four quarters of the academic year.

(6) Subject to paragraph (7), where one of the events listed in regulation 17 (a), (b), (c), (e), (f), (g) or (h) occurs in the course of an academic year, a student may qualify for a maintenance grant in respect of such quarters as begin after the relevant event occurs.

(7) Where the state of which the student is a national accedes to the EU the student may qualify for the maintenance grant only if the student has been ordinarily resident in the United Kingdom and Islands throughout the three year period immediately preceding the first day of the first academic year of the course.]

Textual Amendments

F252Words in reg. 56(1) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 19(a)

F253Words in reg. 56(3)(a) inserted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(2)(a), 11

F254Full stop in reg. 56(3)(a) substituted for word (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 19(b)(i)

F255Reg. 56(3)(b) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 19(b)(ii)

F256Reg. 56(5)-(7) inserted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(2)(a), 21

Amount of the maintenance grant – 2008 cohort studentsE+W

57.—[F257(1) The maximum amount of maintenance grant available to a 2008 cohort student in respect of an academic year is [F258£3,299].]

F259(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F259(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F260(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) A 2008 cohort student F261... who qualifies for a maintenance grant in respect of an academic year receives, subject to sub-paragraph (c), an amount as follows in respect of that year—

(a)where the household income is £25,000 or less, the student receives [F262£3,299];

(b)where the household income exceeds £25,000 but does not exceed [F263£61,047], the student receives an amount equal to where—

M is [F264£3,299]

A is £1 for every complete [F264£5.24] by which the household income exceeds £25,000 but does not exceed [F265£34,722]

B is £1 for every complete [F264£18.88] by which the household income exceeds [F265£34,722] but does not exceed [F263£61,047]; and

(c)where the household income exceeds [F266£61,047], no maintenance grant is payable.

Textual Amendments

F257Reg. 57(1) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 20(a)

F258Sum in reg. 57(1) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F259Reg. 57(2)(3) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 20(b)

F260Reg. 57(4) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 20(b)

F261Words in reg. 57(5) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 20(c)

F262Sum in reg. 57(5)(a) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F263Sums in reg. 57(5)(b) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F264Sums in reg. 57(5)(b) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F265Sums in reg. 57(5)(b) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), reg. 1(3), Sch. 2

F266Sum in reg. 57(5)(c) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

Amount of the maintenance grant – 2009 cohort studentsE+W

58.—[F267(1) The maximum amount of maintenance grant available to a 2009 cohort student in respect of an academic year is [F268£3,299].]

F269(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F269(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F270(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) A 2009 cohort student F271... who qualifies for a maintenance grant in respect of an academic year receives, subject to sub-paragraph (c), an amount as follows in respect of that year—

(a)where the household income is £25,000 or less, the student receives [F272£3,299];

(b)where the household income exceeds £25,000 but does not exceed [F273£50,706], the student receives an amount equal to where—

M is [F274£3,299]

A is £1 for every complete [F274£4.70] by which the household income exceeds £25,000 but does not exceed [F273£34,264]

B is £1 for every complete [F274£12.86] by which the household income exceeds [F273£34,264] but does not exceed [F273£50,706]; and

(c)where the household income exceeds [F275£50,706], no maintenance grant is payable.

Textual Amendments

F267Reg. 58(1) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 21(a)

F268Sum in reg. 58(1) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F269Reg. 58(2)(3) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 21(b)

F270Reg. 58(4) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 21(b)

F271Words in reg. 58(5) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 21(c)

F272Sum in reg. 58(5)(a) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F273Sums in reg. 58(5)(b) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F274Sums in reg. 58(5)(b) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F275Sum in reg. 58(5)(c) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

Amount of the maintenance grant – 2012 cohort studentsE+W

59.—(1) The maximum amount of maintenance grant available to a 2012 cohort student in respect of an academic year is [F276£3,593].

(2) A 2012 cohort student who qualifies for a maintenance grant in respect of an academic year receives, subject to sub-paragraph (c), an amount as follows in respect of that year—

(a)where the household income is £25,000 or less, the student receives [F277£3,593]

(b)where the household income exceeds £25,000 but does not exceed [F278£42,645] the student receives an amount equal to where—

M is [F278£3,593]

A is £1 for every complete [F278£4.98] by which the household income exceeds £25,000; and

(c)where the household income exceeds [F279£42,645], no maintenance grant is payable.

Textual Amendments

F276Sum in reg. 59(1) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F277Sum in reg. 59(2)(a) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F278Sums in reg. 59(2)(b) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F279Sum in reg. 59(2)(c) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

[F280Amount of the maintenance grant – current system students who are not 2008, 2009, 2012 or 2016 cohort students]E+W

60.—[F281(1) The maximum amount of maintenance grant available to a current system student who is not a 2008, 2009, 2012 or 2016 cohort student in respect of an academic year is [F282£3,299].]

F283(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F283(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F284(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) A current system student [F285other than a 2008, 2009, 2012 or 2016 cohort student] who qualifies for a maintenance grant in respect of an academic year receives an amount as follows in respect of that year—

(a)where the household income is £18,360 or less, the student receives [F286£3,299];

(b)where the household income exceeds £18,360 but does not exceed [F287£39,571], the student receives an amount equal to where—

M is [F288£3,299]

A is £1 for every complete [F288£5.24] by which the household income exceeds £18,360 but does not exceed [F289£28,082];

B is £1 for every complete [F288£8.24] by which the household income exceeds [F289£28,082] but does not exceed [F287£39,571];

(c)where the household income exceeds [F290£39,571], no maintenance grant is payable.

Textual Amendments

F280Reg. 60 heading substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 22(a)

F281Reg. 60(1) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 22(b)

F282Sum in reg. 60(1) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F283Reg. 60(2)(3) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 22(c)

F284Reg. 60(4) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 22(c)

F285Words in reg. 60(5) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 22(d)

F286Sum in reg. 60(5)(a) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F287Sums in reg. 60(5)(b) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F288Sums in reg. 60(5)(b) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F289Sums in reg. 60(5)(b) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), reg. 1(3), Sch. 2

F290Sum in reg. 60(5)(c) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

CHAPTER 7E+WSPECIAL SUPPORT GRANTS FOR CURRENT SYSTEM STUDENTS

Qualifying conditions for the special support grantE+W

61.—[F291(A1) A current system student who is a 2016 cohort student does not qualify for a special support grant.]

(1) A current system student qualifies in accordance with this regulation for a special support grant in connection with the student's attendance on a designated course (other than a distance learning course) to defray the costs of books, equipment, travel or childcare incurred for the purpose of attending that course.

(2) A current system student qualifies for a special support grant if the student—

(a)falls within a prescribed category of person for the purposes of section 124(1)(e) of the Social Security Contributions and Benefits Act 1992 M54; F292...

(b)is treated as being liable to make payments in respect of a dwelling prescribed by regulations made under section 130(2) of that Act M55[F293; or

(c)under regulation 25(3) of the Universal Credit Regulations 2013 is liable or treated as being liable to make payments in respect of the accommodation they occupy as their home].

(3) If a current system student does not qualify for a fee loan in respect of an academic year of the designated course, the student cannot qualify for a special support grant for that year unless the reason that the student does not qualify for a fee loan is that—

(a)the year is an Erasmus year [F294in accordance with regulation 19(2)][F295.]

F296(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) A current system student does not qualify for a special support grant if the current course is the graduate entry accelerated programme.

[F297(5) Subject to regulation (6), a special support grant is payable in respect of the four quarters of the academic year.

(6) Subject to paragraph (7), where one of the events listed in regulation 17 (a), (b), (c), (e), (f), (g) or (h) occurs in the course of an academic year, a student may qualify for a special support grant in respect of such quarters as begin after the relevant event occurs.

(7) Where the state of which the student is a national accedes to the EU the student may qualify for the special support grant only if the student has been ordinarily resident in the United Kingdom and Islands throughout the three year period immediately preceding the first day of the first academic year of the course.]

Textual Amendments

F291Reg. 61(A1) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 23(a)

F294Words in reg. 61(3)(a) inserted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(2)(a), 12

F295Full stop in reg. 61(3)(a) substituted for word (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 23(b)(i)

F296Reg. 61(3)(b) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 23(b)(ii)

F297Reg. 61(5)-(7) inserted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(2)(a), 23

Marginal Citations

M541992 c.4 inserted by the Jobseekers Act 1995 (c.18), Schedule 2 paragraph 30 (5). The relevant regulation is regulation 4ZA of the Income Support (General) Regulations 1987 (S.I. 1987/1967). Regulation 4ZA was inserted by S.I. 1996/206, amended by S.I. 2000/1981, S.I. 2006/2144, S.I.2008/1826 and S.I.2009/583; there are other amending instruments but none is relevant.

M55There are amendments to section 130 which are not relevant to these Regulations. The relevant regulation is regulation 56 of the Housing Benefit Regulations 2006 (S.I. 2006/213, as amended by S.I. 2006/718, S.I.2008/1042, S.I.2008/1082 and 2009/583).

Amount of the special support grant – 2008 cohort studentsE+W

62.—[F298(1) The maximum amount of special support grant available to a 2008 cohort student in respect of an academic year is [F299£3,299].]

F300(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F300(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F301(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) A 2008 cohort student F302... who qualifies for a special support grant in respect of an academic year receives, subject to sub-paragraph (c), an amount as follows in respect of that year—

(a)where the household income is £25,000 or less, the student receives [F303£3,299];

(b)where the household income exceeds £25,000 but does not exceed [F304£61,047], the student receives an amount equal to where—

M is [F305£3,299],

A is £1 for every complete [F305£5.24] by which the household income exceeds £25,000 but does not exceed [F306£34,722],

B is £1 for every complete [F305£18.88] by which the household income exceeds [F306£34,722] but does not exceed [F304£61,047]; and

(c)where the household income exceeds [F307£61,047], no special support grant is payable.

Textual Amendments

F298Reg. 62(1) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 24(a)

F299Sum in reg. 62(1) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F300Reg. 62(2)(3) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 24(b)

F301Reg. 62(4) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 24(b)

F302Words in reg. 62(5) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 24(c)

F303Sum in reg. 62(5)(a) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F304Sums in reg. 62(5)(b) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F305Sums in reg. 62(5)(b) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F306Sums in reg. 62(5)(b) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), reg. 1(3), Sch. 2

F307Sum in reg. 62(5)(c) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

Amount of the special support grant – 2009 cohort studentsE+W

63.—[F308(1) The maximum amount of special support grant available to a 2009 cohort student in respect of an academic year is [F309£3,299].]

F310(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F310(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F311(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) A 2009 cohort student F312... who qualifies for a special support grant in respect of an academic year receives, subject to sub-paragraph (c), an amount as follows in respect of that year—

(a)where the household income is £25,000 or less, the student receives [F313£3,299];

(b)where the household income exceeds £25,000 but does not exceed [F314£50,706], the student receives an amount equal to where—

M is [F315£3,299]

A is £1 for every complete [F315£4.70] by which the household income exceeds £25,000 but does not exceed [F314£34,264]

B is £1 for every complete [F315£12.86] by which the household income exceeds [F314£34,264] but does not exceed [F314£50,706]; and

(c)where the household income exceeds [F316£50,706], no special support grant is payable.

Textual Amendments

F308Reg. 63(1) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 25(a)

F309Sum in reg. 63(1) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F310Reg. 63(2)(3) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 25(b)

F311Reg. 63(4) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 25(b)

F312Words in reg. 63(5) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 25(c)

F313Sum in reg. 63(5)(a) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F314Sums in reg. 63(5)(b) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F315Sums in reg. 63(5)(b) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F316Sum in reg. 63(5)(c) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

Amount of the special support grant – 2012 cohort studentsE+W

64.—(1) The maximum amount of [F317special support grant] available to a 2012 cohort student in respect of an academic year is [F318£3,593].

(2) A 2012 cohort student who qualifies for a [F317special support grant] in respect of an academic year receives, subject to sub-paragraph (c), an amount as follows in respect of that year—

(a)where the household income is £25,000 or less, the student receives [F319£3,593];

(b)where the household income exceeds £25,000 but does not exceed [F320£42,645] the student receives an amount equal to where—

M is [F320£3,593]

A is £1 for every complete [F320£4.98] by which the household income exceeds £25,000; and

(c)where the household income exceeds [F321£42,645], no [F317special support grant] is payable.

Textual Amendments

F318Sum in reg. 64(1) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F319Sum in reg. 64(2)(a) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F320Sums in reg. 64(2)(b) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F321Sum in reg. 64(2)(c) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

[F322Amount of the special support grant – current system students who are not 2008, 2009, 2012 or 2016 cohort students]E+W

65.—[F323(1) The maximum amount of special support grant available to a current system student who is not a 2008, 2009, 2012 or 2016 cohort student in respect of an academic year is [F324£3,299].]

F325(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F325(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F326(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) A current system student [F327other than a 2008, 2009, 2012 or 2016 cohort student] who qualifies for a special support grant in respect of an academic year receives an amount as follows in respect of that year—

(a)where the household income is £18,360 or less, the student receives [F328£3,299];

(b)where the household income exceeds £18,360 but does not exceed [F329£39,571], the student receives an amount equal to where—

M is [F330£3,299]

A is £1 for every complete [F330£5.24] by which the household income exceeds £18,360 but does not exceed [F331£28,082];

B is £1 for every complete [F330£8.24] by which the household income exceeds [F331£28,082] but does not exceed [F329£39,571];

(c)where the household income exceeds [F332£39,571], no special support grant is payable.

Textual Amendments

F322Reg. 65 heading substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 26(a)

F323Reg. 65(1) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 26(b)

F324Sum in reg. 65(1) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F325Reg. 65(2)(3) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 26(c)

F326Reg. 65(4) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 26(c)

F327Words in reg. 65(5) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 26(d)

F328Sum in reg. 65(5)(a) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F329Sums in reg. 65(5)(b) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F330Sums in reg. 65(5)(b) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F331Sums in reg. 65(5)(b) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), reg. 1(3), Sch. 2

F332Sum in reg. 65(5)(c) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

CHAPTER 8E+WHIGHER EDUCATION GRANTS FOR OLD SYSTEM STUDENTS

Qualifying conditions for the higher education grantE+W

66.—(1) An old system student qualifies in accordance with this regulation for a higher education grant in connection with the student's attendance on a designated course to defray the cost of books, equipment, travel or childcare incurred for the purpose of attending that course.

(2) An old system student does not qualify for a higher education grant unless the student began the specified designated course on or after 1st September 2004.

(3) If an old system student does not qualify for a grant for fees in respect of an academic year of the designated course, the student cannot qualify for a higher education grant for that year unless the reason that the student does not qualify for a grant for fees is that—

(a)the year is an Erasmus year[F333.]

F334(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F333Full stop in reg. 66(3)(a) substituted for word (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 27(a)

F334Reg. 66(3)(b) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 27(b)

Amount of the higher education grantE+W

67.—(1) The maximum amount of higher education grant available in respect of an academic year is [F335£1,010].

(2) An old system student who qualifies for a higher education grant receives an amount as follows—

(a)where the household income is £16,750 or less, the student receives [F336£1,010];

(b)where the household income exceeds £16,750 and does not exceed £22,735, the student receives an amount equal to where—

M is [F337£1,010]

A is £1 for every complete [F337£6.23] by which the household income exceeds £16,750; and

(c)where the household income exceeds £22,735, no higher education grant is payable.

Textual Amendments

F335Sum in reg. 67(1) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), reg. 1(2)(a), Sch.

F336Sum in reg. 67(2)(a) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), reg. 1(2)(a), Sch.

F337Sums in reg. 67(2)(b) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), reg. 1(2)(a), Sch.

PART 6 E+WLOANS FOR LIVING COSTS

CHAPTER 1E+WQUALIFYING CONDITIONS

Interpretation of Part 6E+W

68.  In this Part—

(a)a “current system student with full entitlement” is a current system student other than a student with reduced entitlement;

(b)“the maintenance grant amount” is, unless otherwise stated,—

(i)where the student qualifies under Chapter 6 of Part 5 for an amount of maintenance grant not exceeding [F338£1,444], the amount of maintenance grant payable;

(ii)where the student qualifies under Chapter 6 of Part 5 for an amount of maintenance grant exceeding [F339£1,444],[F339£1,444]; and

(iii)where no maintenance grant is payable, nil.

(c)an “old system student with full entitlement” is an old system student other than a student with reduced entitlement;

(d)the “relevant date” is the first day of the first academic year of the specified designated course;

(e)a “student with reduced entitlement” is an eligible student who—

(i)does not qualify for a grant for living and other costs in respect of the academic year because of regulation 38(4)(a) F340... or 38(6); or

(ii)opts when applying for a loan for living costs not to provide the information needed to calculate the household income;

(f)where the duration of a graduate-entry or postgraduate-level course for the initial training of teachers is only one academic year, that year is not to be treated as the final year [F341;]

[F342(g)a “loan for living costs” is a loan for maintenance only, except where paragraph (h) or (i) applies;

(h)a “loan for living costs” where regulation 71(1)(h) applies, is a loan for maintenance and, where applicable, a special support loan;

(i)a “loan for living costs” where regulation 71(1)(i) applies, is a special support loan only;

(j)a “long courses loan” is a loan for maintenance;

(k)a “special support loan” is a loan to defray the costs of books, equipment, travel or childcare incurred for the purpose of attending a designated course.]

Textual Amendments

F338Sum in reg. 68(b)(i) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F339Sum in reg. 68(b)(ii) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F340Words in reg. 68(e)(i) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 28(a)

F341Semi-colon in reg. 68(f) substituted for full stop (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 28(b)

F342Reg. 68(g)-(k) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 28(c)

Qualifying conditions for the loan for living costs – current system studentsE+W

69.—(1) Subject to paragraphs (3) and (4), a current system student qualifies for a loan for living costs in connection with the student's attendance on a designated course if the student is under the age of 60 on the relevant date and—

(a)where the student begins the course on or after 1st September 2009, the designated course does not lead to an equivalent or lower qualification unless the student's status as an eligible student has been transferred to the current course pursuant to regulation 8 from a designated course which began before 1st September 2009 and the student does not have an honours degree from an institution in the United Kingdom; or

(b)where the student began the course before 1st September 2009, the student does not have an honours degree from an institution in the United Kingdom.

(2) The condition in paragraph (1)(a) or (b) does not apply where—

(a)the designated course leads to qualification as a social worker, medical doctor, dentist, veterinary surgeon or architect;

(b)the designated course began before 1st September 2009 and leads to qualification as a landscape architect, landscape designer, landscape manager, town planner or town and country planner;

(c)the current system student is eligible to apply for a healthcare bursary or a Scottish healthcare allowance, the amount of which is calculated by reference to F343... income whether or not the calculation results in a nil amount in respect of any academic year of the course; F344...

[F345(ca)the current system student is eligible for a healthcare tuition payment;]

(d)the current system student is on a course for the initial training of teachers [F346; or]

[F347(e)the designated course—

(i)is a pre-registration course in an allied health profession subject, midwifery, nursing, nursing and social work, or operating department practice;

[F348(ii)leads to an ordinary degree, honours degree, or, in respect of a course in operating department practice, to an ordinary degree, honours degree or a diploma; and]

(iii)begins on or after 1st August 2017 F349...;]

F350(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F351(2A) The condition in paragraph (1)(a) or (b) does not apply where the Secretary of State determines that the following conditions are satisfied—

(a)the current system student has provided all information required by the Secretary of State in relation to qualifications held by the student;

(b)that information is accurate; and

(c)the Secretary of State has provided written notification that the student qualifies for a loan for living costs under Chapter 1 of Part 6 in respect of an academic year of the current course.

(2B) Where paragraph (2A) applies, a current system student qualifies for a loan for living costs in accordance with paragraphs (2C) to [F352(2F)].

(2C) If the Secretary of State makes the determination before the first day of the first academic year of the current course then the current system student qualifies for a loan for living costs in respect of the first academic year of the current course.

(2D) If the Secretary of State makes the determination on or after the first day of the first academic year of the current course then the current system student qualifies for a loan for living costs in respect of—

(a)the academic year of the current course during which the Secretary of State makes the determination; and

(b)an academic year of the current course which the student has completed prior to the Secretary of State making the determination.

[F353(2E) Paragraphs (2C) and (2D) do not apply if the Secretary of State considers that there are exceptional circumstances.]]

[F354(2F) Where the Secretary of State considers that there are exceptional circumstances, the Secretary of State may determine that the student should qualify for a loan for living costs in respect of one or more academic years of the current course, as appropriate, whether or not the student has completed those academic years prior to the Secretary of State making the determination.]

(3) A current system student does not qualify for a loan for living costs if—

(a)the only paragraph in Part 2 of Schedule 1 into which the student falls is paragraph 9 [F355or paragraph 10];

(b)the student is a prisoner; or

(c)the current course is a distance learning course [F356unless the student is treated as being in attendance on the designated course under regulation 86].

[F357(4) The requirement in paragraph (1) that the student is under the age of 60 on the relevant date does not apply to a current system student who is a 2016 cohort student.]

Textual Amendments

F343Words in reg. 69(2)(c) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 13(a)(i)

F344Word in reg. 69(2)(c) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 13(a)(ii)

F345Reg. 69(2)(ca) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 13(b)

F346Word in reg. 69(2)(d) substituted for full-stop (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 13(c)

F347Reg. 69(2)(e) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 13(d)

F351Reg. 69(2A)-(2E) inserted (with application in accordance with reg. 1(4)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(4)(a), 12

F355Words in reg. 69(3)(a) inserted (with application in accordance with reg. 1(3)(4) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2016 (S.I. 2016/270), regs. 1(1), 4

F357Reg. 69(4) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 29

Qualifying conditions for the loan for living costs – old system studentsE+W

70.—(1) Subject to paragraphs (4) to (6), an old system student who falls within paragraph (a) or (d)(i) of the definition of “old system student” in regulation 2 qualifies for a loan for living costs in connection with the student's attendance on a designated course if the student is under the age of 60 on the relevant date.

(2) Subject to paragraph (4), an old system student who falls within paragraph (b), (c) or (d)(ii) of the definition of “old system student” in regulation 2 qualifies for a loan for living costs in connection with the student's attendance on a designated course if the student—

(a)is under the age of 60 on the relevant date; and

(b)does not have an honours degree from an institution in the United Kingdom.

(3) The requirement in paragraph (2)(b) does not apply where—

(a)the designated course leads to qualification as a social worker, medical doctor, dentist, veterinary surgeon, architect, landscape architect, landscape designer, landscape manager, town planner or town and country planner;

(b)the old system student is eligible to receive any payment under a healthcare bursary the amount of which is calculated by reference to F358... income or a Scottish healthcare allowance the amount of which is calculated by reference to F358... income in respect of any academic year of the course; or

(c)the old system student is on a course for the initial training of teachers.

(4) An old system student does not qualify for a loan for living costs if the only paragraph in Part 2 of Schedule 1 into which the student falls is paragraph 9.

F359(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) An old system student does not qualify for a loan for living costs if the student is a prisoner.

Textual Amendments

F358Words in reg. 70(3)(b) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 14

F359Reg. 70(5) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 30

CHAPTER 2E+WMAXIMUM AMOUNTS OF LOANS

GeneralE+W

71.—(1) The maximum amount of a loan for living costs in respect of an academic year is calculated as follows—

(a)where the eligible student is a 2008 cohort student with full entitlement, in accordance with regulation 72 or 73;

(b)where the eligible student is a 2009 cohort student with full entitlement, in accordance with regulation 74 or 75;

(c)where the eligible student is a 2012 cohort student with full entitlement, in accordance with regulation 76;

(d)where the eligible student is a current system student [F360(other than a 2008, 2009, 2012 or 2016 cohort student)] with full entitlement, in accordance with regulation 77 or 78;

(e)where the eligible student is an old system student with full entitlement, in accordance with regulation 79;

(f)where the eligible student is a student with reduced entitlement, in accordance with regulation 80 [F361;]

[F362(g)in accordance with regulation 80A where the eligible student—

(i)is a 2016 cohort student with full entitlement;

(ii)is under the age of 60 on the relevant date; and

(iii)does not meet the condition in sub-paragraph (h)(iii);

(h)in accordance with regulation 80B where the eligible student—

(i)is a 2016 cohort student with full entitlement;

(ii)is under the age of 60 on the relevant date; and

(iii)would qualify for a special support grant but for regulation 61(A1);

(i)in accordance with regulation 80C where the eligible student—

(i)is a 2016 cohort student with full entitlement; and

(ii)is not under the age of 60 on the relevant date.]

Textual Amendments

F360Words in reg. 71(1)(d) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 31(a)

F361Semi-colon in reg. 71(1)(f) substituted for full stop (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 31(b)

F362Reg. 71(1)(g)-(i) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 31(c)

2008 cohort students with full entitlement F363...E+W

72.—(1) This regulation applies to a 2008 cohort student with full entitlement F364....

(2) Subject to Chapter 4 of this Part and paragraph (5), where the student's household income exceeds £61,062 the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year other than the final year of a course that is not an intensive course is equal to where—

(3) Subject to Chapter 4 of this Part and paragraph (5), where the student's household income exceeds £61,062, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year that is the final year of a course that is not an intensive course is equal to where—

(4) Where the same household income is used to assess the amount of a statutory award for which two or more persons qualify, Y in paragraphs (2) and (3) must be divided by the number of such persons before being deducted from X.

(5) Where the maximum amount of loan for living costs is calculated in accordance with paragraph (2) or (3) and is less than the minimum level for the academic year specified in regulation 105, the minimum level for the academic year is payable.

(6) Subject to Chapter 4 of this Part, where the student's household income exceeds [F375£61,047] but does not exceed £61,062, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year other than the final year of a course that is not an intensive course is—

(a)for a student in category A, [F376£4,163];

(b)for a student in category B, [F377£7,533];

(c)for a student in category C, [F378£6,409];

(d)for a student in category D, [F379£5,380].

(7) Subject to Chapter 4 of this Part, where the student's household income exceeds [F380£61,047] but does not exceed £61,062, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year that is the final year of a course that is not an intensive course is—

(a)for a student in category A, [F381£3,762];

(b)for a student in category B, [F382£6,858];

(c)for a student in category C, [F383£5,572];

(d)for a student in category D, [F384£4,977].

(8) Subject to Chapter 4 of this Part, where the student's household income is [F385£61,047] or less, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year other than the final year of a course that is not an intensive course is equal to where—

(9) Subject to Chapter 4 of this Part, where the student's household income is [F390£61,047] or less, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year that is the final year of a course that is not an intensive course is equal to where—

Textual Amendments

F363Words in reg. 72 heading omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 32(a)

F364Words in reg. 72(1) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 32(b)

F365Sum in reg. 72(2)(i) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F366Sum in reg. 72(2)(ii) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F367Sum in reg. 72(2)(iii) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F368Sum in reg. 72(2)(iv) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F369Sum in reg. 72(2) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F370Sum in reg. 72(3)(i) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F371Sum in reg. 72(3)(ii) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F372Sum in reg. 72(3)(iii) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F373Sum in reg. 72(3)(iv) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F374Sum in reg. 72(3) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F375Sum in reg. 72(6) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F376Sum in reg. 72(6)(a) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F377Sum in reg. 72(6)(b) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F378Sum in reg. 72(6)(c) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F379Sum in reg. 72(6)(d) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F380Sum in reg. 72(7) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F381Sum in reg. 72(7)(a) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F382Sum in reg. 72(7)(b) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F383Sum in reg. 72(7)(c) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F384Sum in reg. 72(7)(d) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F385Sum in reg. 72(8) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F386Sum in reg. 72(8)(i) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F387Sum in reg. 72(8)(ii) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F388Sum in reg. 72(8)(iii) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F389Sum in reg. 72(8)(iv) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F390Sum in reg. 72(9) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F391Sum in reg. 72(9)(i) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F392Sum in reg. 72(9)(ii) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F393Sum in reg. 72(9)(iii) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F394Sum in reg. 72(9)(iv) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

Type 1 and type 2 teacher training students who are 2008 cohort studentsE+W

F39573.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F395Reg. 73 omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 3

2009 cohort students with full entitlement F396...E+W

74.—(1) This regulation applies to a 2009 cohort student with full entitlement F397....

(2) Subject to Chapter 4 of this Part and paragraph (5), where the student's household income exceeds £50,778, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year other than the final year of a course that is not an intensive course is equal to where—

(3) Subject to Chapter 4 of this Part and paragraph (5), where the student's household income exceeds £50,778, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year that is the final year of a course that is not an intensive course is equal to where—

X is—

(i)

for a student in category A, [F403£3,948];

(ii)

for a student in category B, [F404£7,152];

(iii)

for a student in category C, [F405£5,810];

(iv)

for a student in category D, [F406£5,195];

Subject to paragraph (4), Y is £1 for every complete [F407£4.42] by which the household income exceeds £50,778. where—

(4) Where the same household income is used to assess the amount of a statutory award for which two or more persons qualify, Y in paragraphs (2) and (3) must be divided by the number of such persons before being deducted from X.

(5) Where the maximum amount of loan for living costs is calculated in accordance with paragraph (2) or (3) and is less than the minimum level for the academic year specified in regulation 105, the minimum level for the academic year is payable.

(6) Subject to Chapter 4 of this Part, where the student's household income exceeds [F408£50,706] but does not exceed £50,778, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year other than the final year of a course that is not an intensive course is—

(a)for a student in category A, [F409£4,352];

(b)for a student in category B, [F410£7,855];

(c)for a student in category C, [F411£6,682];

(d)for a student in category D, [F412£5,614].

(7) Subject to Chapter 4 of this Part, where the student's household income exceeds [F413£50,706] but does not exceed £50,778, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year that is the final year of a course that is not an intensive course is—

(a)for a student in category A, [F414£3,948];

(b)for a student in category B, [F415£7,152];

(c)for a student in category C, [F416£5,810];

(d)for a student in category D, [F417£5,195].

(8) Subject to Chapter 4 of this Part, where the student's household income is [F418£50,706] or less, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year other than the final year of a course that is not an intensive course is equal to X–Y where—

(9) Subject to Chapter 4 of this Part, where the student's household income is [F423£50,706] or less, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year that is the final year of a course that is not an intensive course is equal to where—

(10) In this regulation, the “maintenance grant amount” is—

(a)where the student F428... qualifies under Chapter 6 of Part 5 for a maintenance grant, half the amount of the maintenance grant payable; [F429and]

F430(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)where no maintenance grant is payable, nil.

Textual Amendments

F396Words in reg. 74 heading omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 33(a)

F397Words in reg. 74(1) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 33(b)

F398Sum in reg. 74(2)(i) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F399Sum in reg. 74(2)(ii) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F400Sum in reg. 74(2)(iii) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F401Sum in reg. 74(2)(iv) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F402Sum in reg. 74(2) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F403Sum in reg. 74(3)(i) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F404Sum in reg. 74(3)(ii) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F405Sum in reg. 74(3)(iii) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F406Sum in reg. 74(3)(iv) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F407Sum in reg. 74(3) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F408Sum in reg. 74(6) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F409Sum in reg. 74(6)(a) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F410Sum in reg. 74(6)(b) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F411Sum in reg. 74(6)(c) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F412Sum in reg. 74(6)(d) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F413Sum in reg. 74(7) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F414Sum in reg. 74(7)(a) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F415Sum in reg. 74(7)(b) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F416Sum in reg. 74(7)(c) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F417Sum in reg. 74(7)(d) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F418Sum in reg. 74(8) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F419Sum in reg. 74(8)(i) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F420Sum in reg. 74(8)(ii) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F421Sum in reg. 74(8)(iii) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F422Sum in reg. 74(8)(iv) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F423Sum in reg. 74(9) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F424Sum in reg. 74(9)(i) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F425Sum in reg. 74(9)(ii) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F426Sum in reg. 74(9)(iii) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F427Sum in reg. 74(9)(iv) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F428Words in reg. 74(10)(a) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 33(c)(i)(aa)

F429Word in reg. 74(10)(a) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 33(c)(i)(bb)

F430Reg. 74(10)(b) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 33(c)(ii)

Type 1 and type 2 teacher training students who are 2009 cohort studentsE+W

F43175.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F431Reg. 75 omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 3

2012 cohort students with full entitlementE+W

76.—(1) This regulation applies to a 2012 cohort student with full entitlement.

(2) Subject to Chapter 4 of this Part and paragraph (5), where the student's household income exceeds £42,875 the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year other than the final year of a course that is not an intensive course is equal to where—

(3) Subject to Chapter 4 of this Part and paragraph (5), where the student's household income exceeds £42,875, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year that is the final year of a course that is not an intensive course is equal to where—

(4) Where the same household income is used to assess the amount of a statutory award for which two or more persons qualify, Y in paragraphs (2) and (3) must be divided by the number of such persons before being deducted from X.

(5) Where the maximum amount of loan for living costs is calculated in accordance with paragraph (2) or (3) and is less than the minimum level for the academic year specified in regulation 105, the minimum level for the academic year is payable.

(6) Subject to Chapter 4 of this Part, where the student's household income exceeds [F442£42,645] but does not exceed £42,875, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year other than the final year of a course that is not an intensive course is—

(a)for a student in category A, [F443£4,960];

(b)for a student in category B, [F444£8,702];

(c)for a student in category C, [F445£7,410];

(d)for a student in category D, [F446£6,236].

(7) Subject to Chapter 4 of this Part, where the student's household income exceeds [F447£42,645] but does not exceed £42,875 the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year that is the final year of a course that is not an intensive course is—

(a)for a student in category A, [F448£4,557];

(b)for a student in category B, [F449£7,925];

(c)for a student in category C, [F450£6,440];

(d)for a student in category D, [F451£5,800].

(8) Subject to Chapter 4 of this Part, where the student's household income is [F452£42,645] or less, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year other than the final year of a course that is not an intensive course is equal to where—

(9) Subject to Chapter 4 of this Part, where the student's household income is [F457£42,645] or less, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year that is the final year of a course that is not an intensive course is equal to where—

(10) In this regulation, the “maintenance grant amount” is

(a)half the amount of the maintenance grant payable; or

(b)where no maintenance grant is payable, nil.

Textual Amendments

F432Sum in reg. 76(2)(i) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F433Sum in reg. 76(2)(ii) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F434Sum in reg. 76(2)(iii) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F435Sum in reg. 76(2)(iv) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F436Sum in reg. 76(2) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F437Sum in reg. 76(3)(i) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F438Sum in reg. 76(3)(ii) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F439Sum in reg. 76(3)(iii) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F440Sum in reg. 76(3)(iv) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F441Sum in reg. 76(3) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F442Sum in reg. 76(6) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F443Sum in reg. 76(6)(a) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F444Sum in reg. 76(6)(b) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F445Sum in reg. 76(6)(c) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F446Sum in reg. 76(6)(d) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F447Sum in reg. 76(7) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F448Sum in reg. 76(7)(a) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F449Sum in reg. 76(7)(b) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F450Sum in reg. 76(7)(c) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F451Sum in reg. 76(7)(d) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F452Sum in reg. 76(8) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F453Sum in reg. 76(8)(i) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F454Sum in reg. 76(8)(ii) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F455Sum in reg. 76(8)(iii) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F456Sum in reg. 76(8)(iv) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F457Sum in reg. 76(9) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F458Sum in reg. 76(9)(i) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F459Sum in reg. 76(9)(ii) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F460Sum in reg. 76(9)(iii) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F461Sum in reg. 76(9)(iv) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

Current system students with full entitlement who are not 2008, 2009, 2012 or 2016 cohort studentsE+W

[F46277.—(1) This regulation applies to a current system student with full entitlement (other than a 2008, 2009, 2012 or 2016 cohort student).

(2) Subject to Chapter 4 of this Part, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year other than the final year of a course that is not an intensive course is equal to—

where—

  • X is—

    (i)

    for a student in category A, [F463£4,163];

    (ii)

    for a student in category B, [F464£7,533];

    (iii)

    for a student in category C, [F465£6,409];

    (iv)

    for a student in category D, [F466£5,380];

  • Y is the maintenance grant amount.

(3) Subject to Chapter 4 of this Part, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year that is the final year of a course that is not an intensive course is equal to

where—

  • X is—

    (i)

    for a student in category A, [F467£3,762];

    (ii)

    for a student in category B, [F468£6,858];

    (iii)

    for a student in category C, [F469£5,572];

    (iv)

    for a student in category D, [F470£4,977];

  • Y is the maintenance grant amount.]

Textual Amendments

F462Reg. 77 substituted (with application in accordance with reg. 2(1) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2016 (S.I. 2016/584), regs. 1(2), 5(2)

F463Sum in reg. 77(2)(i) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F464Sum in reg. 77(2)(ii) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F465Sum in reg. 77(2)(iii) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F466Sum in reg. 77(2)(iv) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F467Sum in reg. 77(3)(i) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F468Sum in reg. 77(3)(ii) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F469Sum in reg. 77(3)(iii) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F470Sum in reg. 77(3)(iv) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

Type 1 and type 2 teacher training students who are not 2008 or 2009 cohort studentsE+W

F47178.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F471Reg. 78 omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 3

Old system students with full entitlementE+W

79.—(1) Subject to Chapter 4 of this Part, the maximum amount of loan for living costs for which an old system student with full entitlement qualifies in respect of an academic year other than the final year of a course that is not an intensive course is—

(a)for a student in category A, [F472£3,832];

(b)for a student in category B, [F473£6,933];

(c)for a student in category C, [F474£5,899];

(d)for a student in category D, [F475£4,952].

(2) Subject to Chapter 4 of this Part, the maximum amount of loan for living costs for which an old system student with full entitlement qualifies in respect of an academic year that is the final year of a course that is not an intensive course is—

(a)for a student in category A, [F476£3,463];

(b)for a student in category B, [F477£6,312];

(c)for a student in category C, [F478£5,129];

(d)for a student in category D, [F479£4,582].

Textual Amendments

F472Sum in reg. 79(1)(a) substituted (with application in accordance with reg. 1(4)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), reg. 1(4)(a), Sch.

F473Sum in reg. 79(1)(b) substituted (with application in accordance with reg. 1(4)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), reg. 1(4)(a), Sch.

F474Sum in reg. 79(1)(c) substituted (with application in accordance with reg. 1(4)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), reg. 1(4)(a), Sch.

F475Sum in reg. 79(1)(d) substituted (with application in accordance with reg. 1(4)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), reg. 1(4)(a), Sch.

F476Sum in reg. 79(2)(a) substituted (with application in accordance with reg. 1(4)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), reg. 1(4)(a), Sch.

F477Sum in reg. 79(2)(b) substituted (with application in accordance with reg. 1(4)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), reg. 1(4)(a), Sch.

F478Sum in reg. 79(2)(c) substituted (with application in accordance with reg. 1(4)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), reg. 1(4)(a), Sch.

F479Sum in reg. 79(2)(d) substituted (with application in accordance with reg. 1(4)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), reg. 1(4)(a), Sch.

Students with reduced entitlementE+W

80.—(1) Subject to Chapter 4 of this Part, the maximum amount of loan for living costs for which a student with reduced entitlement qualifies in respect of an academic year of a course other than the final year of a course that is not an intensive course is—

(a)where the student does not qualify for a grant for living and other costs in relation to the academic year because of regulation 38(4)(a)—

(i)for a student in category A, £1,744;

(ii)for a student in category B, £3,263;

(iii)for a student in category C or D, £2,324.

(b)where the student does not qualify for a grant for living and other costs in relation to the academic year because of [F480regulation 38(6)]—

(i)for a student in category A, [F481£1,976];

(ii)for a student in category B, [F482£3,700];

F483(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv)for a student in category D, [F484£2,635].

(c)where the student, other than a 2009 [F485, 2012 or 2016] cohort student, applies for a loan for living costs and opts not to provide the information needed to calculate the household income [F486, the amount is]—

(i)for a student in category A, [F487£3,122];

(ii)for a student in category B, [F488£5,650];

(iii)for a student in category C, [F489£4,807];

(iv)for a student in category D, [F490£4,035].

F491...

(d)where a 2009 cohort student applies for a loan for living costs and opts not to provide the information needed to calculate the household income [F492, the amount is]—

(i)for a student in category A, [F493£3,133];

(ii)for a student in category B, [F494£5,656];

(iii)for a student in category C, [F495£4,811];

(iv)for a student in category D, [F496£4,042].

F497...

(e)where a 2012 student applies for a loan for living costs and opts not to provide the information needed to calculate the household income, the amount is—

(i)for a student in category A, [F498£3,224];

(ii)for a student in category B, [F499£5,656];

(iii)for a student in category C, [F500£4,817];

(iv)for a student in category D, [F501£4,056].

[F502(f)where a 2016 cohort student applies for a loan for living costs and opts not to provide the information needed to calculate the household income, the amount is—

(i)for a student in category A, [F503£3,224];

(ii)for a student in category B, [F504£5,654];

(iii)for a student in category C, [F505£4,816];

(iv)for a student in category D, [F506£4,054].]

(2) Subject to Chapter 4 of this Part, the maximum amount of loan for living costs for which a student with reduced entitlement qualifies in respect of an academic year that is the final year of a course that is not an intensive course is—

(a)where the student does not qualify for a grant for living and other costs in relation to the academic year because of regulation 38(4)(a)—

(i)for a student in category A, £1,324;

(ii)for a student in category B, £2,498;

(iii)for a student in category C or D, £1,811;

(b)where the student does not qualify for a grant for living and other costs in relation to the academic year because of [F507regulation 38(6)]—

(i)for a student in category A, [F508£1,501];

(ii)for a student in category B, [F509£2,831];

F510(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv)for a student in category D, [F511£2,054];

(c)where the student, other than a 2009 [F512, 2012 or 2016] cohort student, applies for a loan for living costs and opts not to provide the information needed to calculate the household income [F513, the amount is]—

(i)for a student in category A, [F514£2,822];

(ii)for a student in category B, [F515£5,144];

(iii)for a student in category C, [F516£4,179];

(iv)for a student in category D, [F517£3,733].

F518...

(d)where a 2009 cohort student applies for a loan for living costs and opts not to provide the information needed to calculate the household income [F519, the amount is]—

(i)for a student in category A, [F520£2,843];

(ii)for a student in category B, [F521£5,149];

(iii)for a student in category C, [F522£4,183];

(iv)for a student in category D, [F523£3,740].

F524...

(e)where a 2012 F525... cohort student applies for a loan for living costs and opts not to provide the information needed to calculate the household income, the amount is—

(i)for a student in category A, [F526£2,962];

(ii)for a student in category B, [F527£5,151];

(iii)for a student in category C, [F528£4,186];

(iv)for a student in category D, [F529£3,770][F530;]

[F531(f)where a 2016 cohort student applies for a loan for living costs and opts not to provide the information needed to calculate the household income, the amount is—

(i)for a student in category A, [F532£2,962];

(ii)for a student in category B, [F533£5,151];

(iii)for a student in category C, [F534£4,185];

(iv)for a student in category D, [F535£3,769]].

F536(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F536(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F480Words in reg. 80(1)(b) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 35(a)(i)

F481Sum in reg. 80(1)(b)(i) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F482Sum in reg. 80(1)(b)(ii) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F484Sum in reg. 80(1)(b)(iv) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F485Words in reg. 80(1)(c) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 35(a)(ii)(aa)

F486Words in reg. 80(1)(c) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 35(a)(ii)(bb)

F487Sum in reg. 80(1)(c)(i) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F488Sum in reg. 80(1)(c)(ii) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F489Sum in reg. 80(1)(c)(iii) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F490Sum in reg. 80(1)(c)(iv) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F491Words in reg. 80(1)(c) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 35(a)(ii)(cc)

F492Words in reg. 80(1)(d) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 35(a)(iii)(aa)

F493Sum in reg. 80(1)(d)(i) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F494Sum in reg. 80(1)(d)(ii) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F495Sum in reg. 80(1)(d)(iii) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F496Sum in reg. 80(1)(d)(iv) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F497Words in reg. 80(1)(d) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 35(a)(iii)(bb)

F498Sum in reg. 80(1)(e)(i) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F499Sum in reg. 80(1)(e)(ii) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F500Sum in reg. 80(1)(e)(iii) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F501Sum in reg. 80(1)(e)(iv) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F502Reg. 80(1)(f) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 35(a)(iv)

F503Sum in reg. 80(1)(f)(i) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F504Sum in reg. 80(1)(f)(ii) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F505Sum in reg. 80(1)(f)(iii) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F506Sum in reg. 80(1)(f)(iv) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F507Words in reg. 80(2)(b) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 35(b)(i)

F508Sum in reg. 80(2)(b)(i) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F509Sum in reg. 80(2)(b)(ii) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F511Sum in reg. 80(2)(b)(iv) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F512Words in reg. 80(2)(c) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 35(b)(ii)(aa)

F513Words in reg. 80(2)(c) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 35(b)(ii)(bb)

F514Sum in reg. 80(2)(c)(i) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F515Sum in reg. 80(2)(c)(ii) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F516Sum in reg. 80(2)(c)(iii) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F517Sum in reg. 80(2)(c)(iv) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F518Words in reg. 80(2)(c) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 35(b)(ii)(cc)

F519Words in reg. 80(2)(d) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 35(b)(iii)(aa)

F520Sum in reg. 80(2)(d)(i) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F521Sum in reg. 80(2)(d)(ii) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F522Sum in reg. 80(2)(d)(iii) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F523Sum in reg. 80(2)(d)(iv) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F524Words in reg. 80(2)(d) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 35(b)(iii)(bb)

F525Words in reg. 80(2)(e) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 15(b)(ii)

F526Sum in reg. 80(2)(e)(i) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F527Sum in reg. 80(2)(e)(ii) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F528Sum in reg. 80(2)(e)(iii) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F529Sum in reg. 80(2)(e)(iv) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F530Semi-colon in reg. 80(2)(e)(iv) substituted for full-stop (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 15(b)(iii)

F531Reg. 80(2)(f) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 15(b)(iv)

F532Sum in reg. 80(2)(f)(i) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F533Sum in reg. 80(2)(f)(ii) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F534Sum in reg. 80(2)(f)(iii) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F535Sum in reg. 80(2)(f)(iv) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F536Reg. 80(3)(4) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 35(c)

[F5372016 cohort students with full entitlement who satisfy the conditions in regulation 71(1)(g)E+W

80A.—(1) This regulation applies to a 2016 cohort student who satisfies all the conditions in regulation 71(1)(g).

(2) Subject to Chapter 4 of this Part and paragraph (4), the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year other than the final year of a course that is not an intensive course is equal to

X-Y

where—

  • X is—

    (i)

    for a student in category A, [F538£7,324];

    (ii)

    for a student in category B, [F539£11,354];

    (iii)

    for a student in category C, [F540£9,963];

    (iv)

    for a student in category D, [F541£8,700];

  • Y is—

    (i)

    for a student in category A, £1 for every complete [F538£8.10] by which the student’s household income exceeds £25,000;

    (ii)

    for a student in category B, £1 for every complete [F539£7.87] by which the student’s household income exceeds £25,000;

    (iii)

    for a student in category C, £1 for every complete [F540£7.93] by which the student’s household income exceeds £25,000;

    (iv)

    for a student in category D, £1 for every complete [F541£8.01] by which the student’s household income exceeds £25,000.

(3) Subject to Chapter 4 of this Part and paragraph (4), the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year that is the final year of a course that is not an intensive course is equal to

X-Y

where—

  • X is—

    (i)

    for a student in category A, [F542£6,892];

    (ii)

    for a student in category B,[F543£10,518];

    (iii)

    for a student in category C, [F544£8,918];

    (iv)

    for a student in category D, [F545£8,228];

  • Y is—

    (i)

    for a student in category A, £1 for every complete [F542£8.10] by which the student’s household income exceeds £25,000;

    (ii)

    for a student in category B, £1 for every complete [F543£7.87] by which the student’s household income exceeds £25,000;

    (iii)

    for a student in category C, £1 for every complete [F544£7.93] by which the student’s household income exceeds £25,000;

    (iv)

    for a student in category D, £1 for every complete [F545£8.01] by which the student’s household income exceeds £25,000.

(4) Where the maximum amount of loan for living costs is calculated in accordance with paragraph (2) or (3) and is less than the minimum level for the academic year specified in regulation 105, the minimum level for the academic year is payable.]

Textual Amendments

F537Regs. 80A-80C inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 36

F538Sum in reg. 80A(2)(i) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F539Sum in reg. 80A(2)(ii) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F540Sum in reg. 80A(2)(iii) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F541Sum in reg. 80A(2)(iv) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F542Sum in reg. 80A(3)(i) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F543Sum in reg. 80A(3)(ii) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F544Sum in reg. 80A(3)(iii) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F545Sum in reg. 80A(3)(iv) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

[F5372016 cohort students with full entitlement who satisfy the conditions in regulation 71(1)(h)E+W

80B.—(1) This regulation applies to a 2016 cohort student who satisfies all the conditions in regulation 71(1)(h).

(2) Subject to Chapter 4 of this Part and paragraph (6), the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year other than the final year of a course that is not an intensive course is equal to—

where—

  • X is—

    (i)

    for a student in category A, [F546£8,640];

    (ii)

    for a student in category B, [F547£12,382];

    (iii)

    for a student in category C, [F548£11,090];

    (iv)

    for a student in category D, [F549£9,916];

  • Y is—

    (i)

    for a student in category A, £1 for every complete [F546£5.075] by which the student’s household income exceeds £25,000 but does not exceed £42,875;

    (ii)

    for a student in category B, £1 for every complete [F547£5.418] by which the student’s household income exceeds £25,000 but does not exceed £42,875;

    (iii)

    for a student in category C, £1 for every complete [F548£5.286] by which the student’s household income exceeds £25,000 but does not exceed £42,875;

    (iv)

    for a student in category D, £1 for every complete [F549£5.185] by which the student’s household income exceeds £25,000 but does not exceed £42,875;

  • Z is—

    (i)

    for a student in category A, £1 for every complete [F546£8.10] by which the student’s household income exceeds £42,875;

    (ii)

    for a student in category B, £1 for every complete [F547£7.87] by which the student’s household income exceeds £42,875;

    (iii)

    for a student in category C, £1 for every complete [F548£7.93] by which the student’s household income exceeds £42,875;

    (iv)

    for a student in category D, £1 for every complete [F549£8.01] by which the student’s household income exceeds £42,875.

(3) The loan for living costs for an academic year other than the final year of a course that is not an intensive course, where regulation 71(1)(h) applies, is made up of a loan for maintenance and a special support loan, whereby the maximum loan for maintenance is—

(a)for a student in category A, [F550£4,960];

(b)for a student in category B, [F551£8,702];

(c)for a student in category C, [F552£7,410];

(d)for a student in category D, [F553£6,236];

and any remainder is a special support loan.

(4) Subject to Chapter 4 of this Part and paragraph (6), the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year that is the final year of a course that is not an intensive course is equal to—

where—

  • X is—

    (i)

    for a student in category A, [F554£8,237];

    (ii)

    for a student in category B, [F555£11,604];

    (iii)

    for a student in category C, [F556£10,119];

    (iv)

    for a student in category D, [F557£9,479];

  • Y is—

    (i)

    for a student in category A, £1 for every complete [F554£5.033] by which the student’s household income exceeds £25,000 but does not exceed £42,875;

    (ii)

    for a student in category B, £1 for every complete [F555£5.324] by which the student’s household income exceeds £25,000 but does not exceed £42,875;

    (iii)

    for a student in category C, £1 for every complete [F556£5.173] by which the student’s household income exceeds £25,000 but does not exceed £42,875;

    (iv)

    for a student in category D, £1 for every complete [F557£5.133] by which the student’s household income exceeds £25,000 but does not exceed £42,875;

  • Z is—

    (i)

    for a student in category A, £1 for every complete [F554£8.10] by which the student’s household income exceeds £42,875;

    (ii)

    for a student in category B, £1 for every complete [F555£7.87] by which the student’s household income exceeds £42,875;

    (iii)

    for a student in category C, £1 for every complete [F556£7.93] by which the student’s household income exceeds £42,875;

    (iv)

    for a student in category D, £1 for every complete [F557£8.01] by which the student’s household income exceeds £42,875.

(5) The loan for living costs for an academic year that is the final year of a course that is not an intensive course, where regulation 71(1)(h) applies, is made up of a loan for maintenance and a special support loan, whereby the maximum loan for maintenance is—

(a)for a student in category A, [F558£4,557];

(b)for a student in category B, [F559£7,924];

(c)for a student in category C, [F560£6,439];

(d)for a student in category D, [F561£5,799];

and any remainder is a special support loan.

(6) Where the maximum amount of loan for living costs is calculated in accordance with paragraph (2) or (4) and is less than the minimum level for the academic year specified in regulation 105, the minimum level for the academic year is payable.]

Textual Amendments

F537Regs. 80A-80C inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 36

F546Sum in reg. 80B(2)(i) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F547Sum in reg. 80B(2)(ii) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F548Sum in reg. 80B(2)(iii) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F549Sum in reg. 80B(2)(iv) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F550Sum in reg. 80B(3)(a) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F551Sum in reg. 80B(3)(b) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F552Sum in reg. 80B(3)(c) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F553Sum in reg. 80B(3)(d) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F554Sum in reg. 80B(4)(i) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F555Sum in reg. 80B(4)(ii) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F556Sum in reg. 80B(4)(iii) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F557Sum in reg. 80B(4)(iv) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F558Sum in reg. 80B(5)(a) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F559Sum in reg. 80B(5)(b) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F560Sum in reg. 80B(5)(c) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F561Sum in reg. 80B(5)(d) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

[F5372016 cohort students with full entitlement who satisfy the conditions in regulation 71(1)(i)E+W

80C.—(1) This regulation applies to a 2016 cohort student who satisfies both the conditions in regulation 71(1)(i).

(2) Subject to Chapter 4 of this Part, the loan for living costs is a special support loan and the maximum amount for which a student to whom this regulation applies qualifies is equal to—

X-Y

where—

  • X is [F562£3,680];

  • Y is £1 for every complete [F562£5.15] by which the student’s household income exceeds £25,000.

(3) Where the amount of loan for living costs calculated under paragraph (2) is less than £50, the amount of loan for living costs payable is nil.]

Textual Amendments

F537Regs. 80A-80C inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 36

F562Sums in reg. 80C(2) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

CHAPTER 3E+WLONG COURSES LOAN

Long courses loanE+W

81.—(1) A 2008, 2009 [F563, 2012 or 2016] cohort student qualifies for a long courses loan in connection with the student's attendance on a designated course if the student—

(a)qualifies for a loan for living costs under this Part;

(b)is required to attend the course for a period exceeding 30 weeks and 3 days in an academic year; and

(c)is not a student with reduced entitlement.

(2) The maximum amount of the long courses loan is where—

(3) Where a 2008, 2009 [F564, 2012 or 2016] cohort student is required to attend a course for a period exceeding 30 weeks and 3 days in an academic year, the number of weeks or part weeks of attendance in the academic year beyond 30 weeks and 3 days is multiplied by the relevant amount in paragraph (5);

(4) Where a 2008, 2009 [F565, 2012 or 2016] cohort student attends a course for a period of not less than 45 weeks in any continuous period of 52 weeks, the total number of weeks in the 52-week period during which the student does not attend is multiplied by the relevant amount in paragraph (5);

(5) The amount is—

(a)for a student in category A, [F566£61];

(b)for a student in category B, [F567£120];

(c)for a student in category C, [F568£129];

(d)for a student in category D, [F569£93].

(6) A deduction from the amount of long courses loan calculated in accordance with this regulation may be made in accordance with Part 8.

F570(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F563Words in reg. 81(1) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 37(a)

F564Words in reg. 81(3) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 37(b)

F565Words in reg. 81(4) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 37(c)

F566Sum in reg. 81(5)(a) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F567Sum in reg. 81(5)(b) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F568Sum in reg. 81(5)(c) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F569Sum in reg. 81(5)(d) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

CHAPTER 4E+WMISCELLANEOUS

Quarters in respect of which the loan for living costs is payableE+W

82.—(1) Subject to regulation 85, the loan for living costs and the long courses loan are payable in respect of three quarters of the academic year.

(2) The loan for living costs is not payable—

(a)in the case of a compressed degree student, in respect of the quarter nominated by the Secretary of State;

(b)in any other case, in respect of the quarter in which, in the opinion of the Secretary of State, the longest of any vacation occurs.

(3) The long courses loan is not payable in respect of the quarter nominated by the Secretary of State.

Students falling into more than one categoryE+W

83.  Where an eligible student falls into more than one of the categories set out in regulation 90 in the course of the academic year—

(a)the maximum amount of loan for living costs for the academic year is the aggregate of the maximum amount of loan for living costs for each quarter in respect of which the loan for living costs is payable;

(b)the maximum amount of loan for living costs for each such quarter is one third of the maximum amount of loan for living costs which would apply for the academic year if the student fell into the category which applies to the relevant quarter for the duration of the academic year;

(c)the maximum amount of long courses loan for the academic year is the aggregate of the maximum amount of long courses loan for each quarter in respect of which the long courses loan is payable;

(d)the maximum amount of long courses loan for each such quarter is one third of the maximum amount of long courses loan which would apply for the academic year if the student fell into the category which applies to the relevant quarter for the duration of the academic year; and

(e)the category which applies to a quarter is—

(i)the category into which the student falls for the longer or longest period in that quarter; or

(ii)if the student falls into more than one category for an equal period in that quarter, the category with the higher or highest rate of loan for living costs for the academic year.

Students residing with parentsE+W

84.—(1) Where an eligible student (“X”) resides at X's parents' home and the Secretary of State is satisfied that in all the circumstances X's parents by reason of age, incapacity or otherwise cannot reasonably be expected to support X and that it would be appropriate for the amount of loan for living costs or long courses loan payable to a student in a category other than category A to apply in X's case, X must be treated as if X were not residing at X's parents' home for the purposes of this Part.

(2) Paragraph (1) does not apply to an eligible student who begins the specified designated course on or after 1st September 2004.

Students becoming eligible in the course of an academic yearE+W

85.—(1) Where one of the events listed in paragraph (2) occurs in the course of an academic year, a student may qualify for a loan for living costs in respect of such quarters in respect of which a loan for living costs is payable as begin after the relevant event occurs.

(2) The events are—

(a)the student's course becomes a designated course;

(b)the student, or the student's spouse, civil partner or parent is recognised as a refugee or becomes [F571a person granted stateless leave or] a person granted humanitarian protection;

(c)the state of which the student is a national accedes to the EU where the student has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the first academic year of the course;

(d)the student acquires the right of permanent residence;

(e)the student becomes the child of a Turkish worker;

(f)the student becomes a person described in paragraph 6(1)(a) of Schedule 1; or

(g)the student becomes the child of a Swiss national.

(3) An eligible student to whom paragraph (1) applies does not qualify for a loan for living costs in respect of any academic year beginning before the academic year in which the relevant event occurred.

(4) The maximum amount of loan for living costs payable is the aggregate of the maximum amount of loan for living costs for each quarter in respect of which the student qualifies for the loan for living costs under this regulation.

(5) The maximum amount of loan for living costs for each quarter is one third of the maximum amount of loan for living costs which would apply for the academic year if the student fell into the category which applies to the relevant quarter for the duration of the academic year.

(6) The maximum amount of long courses loan payable is the aggregate of the maximum amount of long courses loan for each quarter in respect of which the student qualifies for the long courses loan under this regulation.

(7) The maximum amount of long courses loan for each quarter is one third of the maximum amount of long courses loan which would apply for the academic year if the student fell into the category which applies to the relevant quarter for the duration of the academic year.

Textual Amendments

F571Words in reg. 85(2)(b) inserted (with application in accordance with reg. 1(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 7(4)

Students who are treated as in attendance on a courseE+W

86.—(1) A student to whom this regulation applies is treated as being in attendance on the designated course for the purpose of qualifying for the loan for living costs or the long courses loan.

(2) This regulation applies to—

(a)a compressed degree student;

(b)a student on a period of study or period of work placement in an Erasmus year;

(c)a disabled student who—

(i)is not a compressed degree student; and

(ii)is undertaking a designated course F572... in the United Kingdom but is not in attendance because the student is unable to attend for a reason which relates to the student's disability.

Textual Amendments

Increases in maximum amountE+W

87.—(1) This regulation does not apply in the case of a 2008, 2009 [F573, 2012 or 2016] cohort student or a student with reduced entitlement.

(2) Where an eligible student is required to attend the student's course for a period exceeding 30 weeks and 3 days in an academic year, the maximum amount of loan for living costs specified in Chapter 2 of this Part is increased for each week or part week of attendance in the academic year beyond 30 weeks and 3 days by the relevant amount in paragraph (4).

(3) Where an eligible student attends the student's course for a period of not less than 45 weeks in any continuous period of 52 weeks, the maximum amount of loan for living costs specified in Chapter 2 of this Part is increased for each week in the 52-week period during which the student did not attend by the relevant amount in paragraph (4).

(4) The amount is—

(a)for a student in category A, [F574£61];

(b)for a student in category B, [F575£120];

(c)for a student in category C, [F576£129];

(d)for a student in category D, [F577£93].

Textual Amendments

F573Words in reg. 87(1) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 38

F574Sum in reg. 87(4)(a) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F575Sum in reg. 87(4)(b) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F576Sum in reg. 87(4)(c) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F577Sum in reg. 87(4)(d) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

Deductions from loans for living costsE+W

88.—(1) A deduction from the amount of loan for living costs calculated under this Part in respect of a current system student with full entitlement who is not a 2008, 2009 [F578, 2012 or 2016] cohort student or an old system student with full entitlement may be made in accordance with Part 8.

(2) There is no deduction under Part 8 from the amount of loan for living costs calculated under this Part in respect of a 2008, 2009 [F579, 2012 or 2016] cohort student or a student with reduced entitlement.

Textual Amendments

F578Words in reg. 88(1) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 39(a)

F579Words in reg. 88(2) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 39(b)

Applying for an additional amount of loan for living costs or long courses loanE+W

89.—(1) An eligible student may apply to borrow an additional amount of loan for living costs or long courses loan where—

(a)the Secretary of State determines that the maximum amount of loan for living costs or long courses loan in relation to an academic year should be increased (including an increase from nil) as a result of a reassessment of the student's contribution or otherwise; and

(b)the Secretary of State considers that the increase in the maximum amount of the loan or loans in question does not result from the eligible student—

(i)failing to provide information promptly which might affect the student's ability to qualify for the loan or loans in question or the amount of loan or loans in question for which the student qualifies; or

(ii)providing information that is inaccurate in any material particular.

(2) The additional amount under paragraph (1) is an amount which when added to the amount already applied for does not exceed the increased maximum.

(3) Where an eligible student has applied for a loan for living costs or long courses loan of less than the maximum amount to which the student is entitled 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 relevant maximum applicable in the student's case.

Categories of studentE+W

90.  In this Part—

(a)a student (“X”) is in category A if—

(i)X resides at X's parents' home while attending the designated course; or

(ii)X began the current course before 1st September 2009 and is a member of a religious order who resides in a house of that order;

(b)a student (“Y”) is in category B if Y is not in category A and Y attends one or more of the following—

(i)a course at the University of London;

(ii)a course at an institution which requires attendance for at least half the time in aggregate of any quarter of the course in the academic year at a site wholly or partly within the area comprising the City of London and the former Metropolitan Police District; or

(iii)a sandwich course at an institution which requires the eligible student to undertake work experience or a combination of work experience and study provided that ”Y” undertakes such work experience or combination of work experience and study for at least half the time in aggregate of any quarter of the course in the academic year at a site or sites wholly or partly within the area comprising the City of London and the former Metropolitan Police District;

(c)a student is in category C if the student is not in category A and—

(i)attends an overseas institution as part of the student's course;

(ii)attends the Institute;

or

(iii)attends an overseas work placement in an Erasmus year,

(d)a student is in category D if the student is not in categories A to C.

PART 7E+WCOLLEGE FEE LOANS

GeneralE+W

F58091.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F580Regs. 91-98 omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 3

Qualifying conditionsE+W

F58092.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F580Regs. 91-98 omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 3

Persons to be treated as eligible studentsE+W

F58093.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F580Regs. 91-98 omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 3

Disabled studentsE+W

F58094.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F580Regs. 91-98 omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 3

Students becoming eligible during the course of an academic yearE+W

F58095.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F580Regs. 91-98 omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 3

Availability of college fee loansE+W

F58096.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F580Regs. 91-98 omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 3

Amount of college fee loanE+W

F58097.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F580Regs. 91-98 omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 3

TransfersE+W

F58098.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F580Regs. 91-98 omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 3

PART 8E+WFINANCIAL ASSESSMENT

Calculation of contributionE+W

99.—(1) An eligible student's contribution in respect of an academic year is the amount, if any, calculated under Schedule 4.

(2) For the purposes of the exercise of the Secretary of State's functions under the 1998 Act and regulations made under it the Secretary of State may require an eligible student to provide from time to time such information as the Secretary of State considers necessary as to the income of any person whose means are relevant to the assessment of the student's contribution.

[F581Application of contribution – 2008, 2009, 2012 or 2016 cohort studentsE+W

100.  In the case of a 2008, 2009, 2012 or 2016 cohort student, the Secretary of State must apply the contribution in accordance with regulation 103.]

Textual Amendments

F581Reg. 100 substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 40

[F582Application of contribution – current system students who are not 2008, 2009, 2012 or 2016 cohort studentsE+W

101.  In the case of a current system student who is not a 2008, 2009, 2012 or 2016 cohort student, the Secretary of State must apply the contribution in accordance with regulation 104.]

Textual Amendments

F582Reg. 101 substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 41

Application of contribution – old system studentsE+W

102.—(1) Subject to paragraph (3), where the basic amount of the grant for fees has been calculated in accordance with regulation 31(1) or 32(1), to determine the actual amount of grant for fees that is payable, the Secretary of State must first apply the contribution to reduce the basic amount of the grant for fees.

(2) If the contribution is not extinguished under paragraph (1), the Secretary of State must apply the remainder in accordance with regulation 104.

(3) Where the course is a course for the initial training of teachers (other than a course for a first degree), there is no deduction from the basic amount of the grant for fees under this regulation and the contribution is applied in accordance with regulation 104.

(4) Where the basic amount of the grant for fees has been calculated in accordance with regulation 31(2) or regulation 32(2) and one of the cases set out in regulation 23(7)(b) or (d) applies, to determine the actual amount of the grant for fees that is payable, the Secretary of State must—

(a)first, apply the contribution to reduce the basic amount of the grant for fees;

(b)second, if the contribution is not extinguished, deduct an amount equal to the basic amount of the grant for fees from what is left of the contribution reducing the remainder of the contribution to no less than nil; and

(c)third, if the contribution is still not extinguished, apply the remainder in accordance with regulation 104.

(5) In the case of an Erasmus year, the Secretary of State must apply the amount by which the contribution exceeds £1,380 in accordance with regulation 104.

(6) Where none of the circumstances in paragraphs (1) to (5) apply, the contribution is applied in accordance with regulation 104.

Order of application – 2008, 2009 [F583, 2012 or 2016] cohort studentsE+W

103.  The contribution or the remainder of the contribution, as the case may be, is to be applied as follows—

(a)first, to reduce the amount of adult dependants' grant calculated in accordance with regulation 47;

(b)second, to reduce the childcare grant calculated in accordance with regulation 47;

(c)third, to reduce the parents' learning allowance calculated in accordance with regulation 47 (except the first £50 of the allowance);

(d)fourth, to reduce the long courses loan calculated in accordance with Chapter 3 of Part 6;

(e)fifth, to reduce the grant for travel calculated in accordance with Chapter 5 of Part 5.

Textual Amendments

F583Words in reg. 103 heading substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 42

Order of application – other eligible studentsE+W

104.  The contribution or the remainder of the contribution, as the case may be, is to be applied as follows—

(a)first, to reduce the amount of adult dependants' grant calculated in accordance with regulation 47;

(b)second, to reduce the childcare grant calculated in accordance with regulation 47;

(c)third, to reduce the parents' learning allowance calculated in accordance with regulation 47 (except the first £50 of the allowance);

(d)fourth, to reduce the loan for living costs for which the eligible student (other than a student with reduced entitlement) qualifies under Part 6 to no less than the minimum level for the academic year specified in regulation 105;

(e)fifth, to reduce the grant for travel calculated in accordance with Chapter 5 of Part 5.

Minimum level of loan for living costsE+W

105.—(1) Subject to paragraphs (2) and (7), for a student other than a 2009 [F584, 2012 or 2016] cohort student, the “minimum level for the academic year” in regulations 72(5) F585... and 104(d) is—

(a)[F586£3,122], in the case of a student in category A;

(b)[F587£5,650], in the case of a student in category B;

(c)[F588£4,807], in the case of a student in category C;

(d)[F589£4,035], in the case of a student in category D.

(2) Subject to paragraph (7), for a student other than a 2009 [F590, 2012 or 2016] cohort student, where the academic year in question is the final year of a course other than an intensive course, the “minimum level for the academic year” in regulations 72(5) F591...and 104(d) is—

(a)[F592£2,822], in the case of a student in category A;

(b)[F593£5,144], in the case of a student in category B;

(c)[F594£4,179], in the case of a student in category C;

(d)[F595£3,733], in the case of a student in category D.

(3) Subject to paragraphs (4) and (7), for a 2009 cohort student the “minimum level for the academic year” [F596in regulation 74(5)] is—

(a)[F597£3,133], in the case of a student in category A;

(b)[F598£5,656], in the case of a student in category B;

(c)[F599£4,811], in the case of a student in category C;

(d)[F600£4,042], in the case of a student in category D.

(4) Subject to paragraph (7), for a 2009 cohort student where the academic year in question is the final year of a course other than an intensive course, the “minimum level for the academic year” [F601in regulation 74(5)] is—

(a)[F602£2,843], in the case of a student in category A;

(b)[F603£5,149], in the case of a student in category B;

(c)[F604£4,183], in the case of a student in category C;

(d)[F605£3,740], in the case of a student in category D.

(5) Subject to paragraphs (6) and (7), for a 2012 cohort student, the “minimum level for the academic year” in regulations 76 and 104(d) is—

(a)[F606£3,224], in the case of a student in category A;

(b)[F607£5,656], in the case of a student in category B;

(c)[F608£4,817], in the case of a student in category C;

(d)[F609£4,056], in the case of a student in category D.

(6) Subject to paragraph (7), for a 2012 cohort student, where the academic year in question is the final year of a course other than an intensive course, the “minimum level for the academic year” in regulations 76 and 104(d) is—

(a)[F610£2,962], in the case of a student in category A;

(b)[F611£5,151], in the case of a student in category B;

(c)[F612£4,186], in the case of a student in category C;

(d)[F613£3,770] in the case of a student in category D.

[F614(6A) Subject to paragraphs (6B) and (7), for a 2016 cohort student who satisfies all the conditions in regulation 71(1)(g), the “minimum level for the academic year” in regulation 80A is—

(a)[F615£3,224], in the case of a student in category A;

(b)[F616£5,654], in the case of a student in category B;

(c)[F617£4,816], in the case of a student in category C;

(d)[F618£4,054], in the case of a student in category D.

(6B) Subject to paragraph (7), for a 2016 cohort student who satisfies all the conditions in regulation 71(1)(g), where the academic year in question is the final year of a course other than an intensive course, the “minimum level for the academic year” in regulation 80A is—

(a)[F619£2,962], in the case of a student in category A;

(b)[F620£5,151], in the case of a student in category B;

(c)[F621£4,185], in the case of a student in category C;

(d)[F622£3,769], in the case of a student in category D.

(6C) Subject to paragraphs (6D) and (7), for a 2016 cohort student who satisfies all the conditions in regulation 71(1)(h), the “minimum level for the academic year” in regulation 80B is—

(a)[F623£3,224], in the case of a student in category A;

(b)[F624£5,654], in the case of a student in category B;

(c)[F625£4,816], in the case of a student in category C;

(d)[F626£4,054], in the case of a student in category D.

(6D) Subject to paragraph (7), for a 2016 cohort student who satisfies all the conditions in regulation 71(1)(h), where the academic year in question is the final year of a course other than an intensive course, the “minimum level for the academic year” in regulation 80B is—

(a)[F627£2,962], in the case of a student in category A;

(b)[F628£5,151], in the case of a student in category B;

(c)[F629£4,185], in the case of a student in category C;

(d)[F630£3,769], in the case of a student in category D.]

(7) Where different categories apply for different quarters of the academic year, the minimum levels in paragraphs [F631(1) to (6D)] are the aggregate of the amounts determined under paragraph (8) for each of the quarters in respect of which a loan is payable.

(8) The amount determined for each quarter is one third of the amount in paragraph (1), (2), (3), (4), (5) [F632, (6), (6A), (6B), (6C) or (6D)] which corresponds to the rate applicable for the quarter.

(9) The rate applicable for a quarter is determined in accordance with regulation 83.

(10) Categories A to D have the meaning given in regulation 90.

Textual Amendments

F584Words in reg. 105(1) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 43(a)(i)

F585Word in reg. 105(1) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 43(a)(ii)

F586Sum in reg. 105(1)(a) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F587Sum in reg. 105(1)(b) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F588Sum in reg. 105(1)(c) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F589Sum in reg. 105(1)(d) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F590Words in reg. 105(2) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 43(b)(i)

F591Word in reg. 105(2) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 43(b)(ii)

F592Sum in reg. 105(2)(a) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F593Sum in reg. 105(2)(b) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F594Sum in reg. 105(2)(c) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F595Sum in reg. 105(2)(d) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F596Words in reg. 105(3) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 43(c)

F597Sum in reg. 105(3)(a) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F598Sum in reg. 105(3)(b) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F599Sum in reg. 105(3)(c) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F600Sum in reg. 105(3)(d) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F601Words in reg. 105(4) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 43(d)

F602Sum in reg. 105(4)(a) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F603Sum in reg. 105(4)(b) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F604Sum in reg. 105(4)(c) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F605Sum in reg. 105(4)(d) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F606Sum in reg. 105(5)(a) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F607Sum in reg. 105(5)(b) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F608Sum in reg. 105(5)(c) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F609Sum in reg. 105(5)(d) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F610Sum in reg. 105(6)(a) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F611Sum in reg. 105(6)(b) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F612Sum in reg. 105(6)(c) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F613Sum in reg. 105(6)(d) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F614Reg. 105(6A)-(6D) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 43(e)

F615Sum in reg. 105(6A)(a) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F616Sum in reg. 105(6A)(b) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F617Sum in reg. 105(6A)(c) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F618Sum in reg. 105(6A)(d) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F619Sum in reg. 105(6B)(a) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F620Sum in reg. 105(6B)(b) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F621Sum in reg. 105(6B)(c) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F622Sum in reg. 105(6B)(d) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F623Sum in reg. 105(6C)(a) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F624Sum in reg. 105(6C)(b) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F625Sum in reg. 105(6C)(c) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F626Sum in reg. 105(6C)(d) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F627Sum in reg. 105(6D)(a) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F628Sum in reg. 105(6D)(b) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F629Sum in reg. 105(6D)(c) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F630Sum in reg. 105(6D)(d) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F631Words in reg. 105(7) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 43(f)

F632Words in reg. 105(8) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 43(g)

Amount of loan for living costs payable to certain type 1 and type 2 teacher training studentsE+W

F633106.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F633Reg. 106 omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 3

PART 9 E+WPAYMENTS

CHAPTER 1E+WINTERPRETATION OF PART 9

InterpretationE+W

107.  In this Part—

(a)“attendance confirmation” means—

(i)confirmation from the academic authority that the student has enrolled for the academic year where—

(aa)the student is applying for support in connection with a designated course for the first time;

(bb)the student has a disability; and

(cc)the student is undertaking the course but not attending (regardless of whether the reason for not attending relates to the student's disability);

(ii)confirmation from the academic authority that the student has been present at the institution and begun to attend the course where—

(aa)the student is applying for support in connection with a designated course for the first time;

(bb)the student's status as an eligible student has not been transferred to the course from another designated course at the same institution; and

(cc)sub-paragraph (i)(cc) does not apply;

(iii)confirmation from the academic authority that the student has enrolled for the academic year where—

(aa)the student is applying for support in connection with a designated course other than for the first time; or

(bb)the student is applying for support in connection with a designated course for the first time after the student's status as an eligible student has been transferred to that course from another course at the same institution;

(b)“payment period” means a period in respect of which the Secretary of State pays the relevant support under Part 5 or Part 6 or would have paid such support if the eligible student's period of eligibility had not terminated.

CHAPTER 2E+WPAYMENT OF GRANTS FOR FEES

Payment of grants for feesE+W

108.—(1) The Secretary of State must not pay the grant for fees for which a student qualifies until the Secretary of State has received a request for payment from the academic authority.

(2) Payment must be made to the academic authority—

(a)not before the expiry of a period of three months beginning with the first day of the academic year; and

(b)not later than 10 weeks after the expiry of the period in sub-paragraph (a), or promptly after a request for payment has been received, if that is later.

(3) Where assessment of the student's contribution or other matters have delayed the final calculation of the amount of grant for fees for which the student qualifies, the Secretary of State may make a provisional assessment and payment.

(4) No payment of the grant for fees can be made in respect of a designated course if—

(a)before the expiry of a period of three months beginning with the first day of the academic year the eligible student ceases to attend or, in the case of a student who is treated as in attendance under regulation 18, undertake the course; and

(b)the academic authority has determined or agreed that the student will not begin attending or, as the case may be, undertaking in the United Kingdom the course again during the academic year in respect of which the fees are payable or at all.

CHAPTER 3E+WPAYMENT OF GRANTS FOR LIVING AND OTHER COSTS

Payment of grants for living and other costsE+W

109.—(1) The Secretary of State may pay support under Part 5 in instalments.

(2) Subject to paragraph (3), the Secretary of State may pay support under Part 5 at such times as the Secretary of State considers appropriate.

(3) An academic authority is required to send an attendance confirmation to the Secretary of State.

(4) The Secretary of State must not pay the first instalment or, where it has been determined not to pay support under Part 5 by instalments, make any payment of support under that Part to the eligible student before the Secretary of State has received the attendance confirmation unless an exception applies.

(5) An exception applies if—

(a)a disabled students' allowance is payable in which case that particular grant may be paid before the Secretary of State has received an attendance confirmation; or

(b)the Secretary of State has determined that owing to exceptional circumstances it would be appropriate to make a payment without receiving an attendance confirmation.

(6) Payments of support under Part 5 are to be made in such manner as the Secretary of State considers appropriate and the Secretary of State may make it a condition of entitlement to payment that the eligible student must provide the Secretary of State with particulars of a bank or building society account in the United Kingdom into which payments may be made by electronic transfer.

(7) Where a final assessment cannot be made on the basis of the information provided by the student, the Secretary of State may make a provisional assessment and payment of support under Part 5.

(8) Subject to paragraph (9), no support under Part 5 is due in respect of any day of an academic year on which the eligible student is a prisoner, unless in the opinion of the Secretary of State it would be appropriate in all the circumstances for support to be paid in respect of that day.

(9) Paragraph (8) does not apply in respect of disabled student's allowance where the course began before 1st September 2012.

(10) In deciding whether it would be appropriate for support to be due under paragraph (8) the circumstances to which the Secretary of State must have regard include the financial hardship not paying the support would cause and whether not paying the support would affect the student's ability to continue the course.

(11) No support under Part 5 in respect of the current course is due in respect of any payment period beginning after an eligible student's period of eligibility terminates.

(12) Where an eligible student's period of eligibility terminates on or after the relevant date, the Secretary of State must determine—

(a)the amount of each grant for living and other costs for which the student qualifies that would be payable in respect of the relevant payment period if the eligible student's period of eligibility had not terminated (the “full amount”); and

(b)how much of the full amount is due in respect of the period which runs from the first day of the relevant payment period up to and including the day on which the eligible student's period of eligibility terminated (the “partial amount”).

(13) In this regulation, the “relevant date” is the date on which the first term of the academic year in question actually begins.

(14) If the Secretary of State has made a payment of grant for living and other costs in respect of the relevant payment period before the point in that period at which the eligible student's period of eligibility terminated and that payment exceeds the partial amount of that grant—

(a)the Secretary of State may treat the excess as an overpayment of that grant; or

(b)if the Secretary of State considers that it is appropriate to do so the Secretary of State may extend the student's period of eligibility in respect of that grant until the end of the relevant payment period and determine that the full amount of that grant is due in respect of that payment period.

(15) Subject to paragraph (16), if a payment of a grant for living and other costs in respect of the relevant payment period is due to be made or is made after the eligible student's period of eligibility has terminated, the amount of that grant due is the partial amount unless the Secretary of State considers it appropriate to extend the period of eligibility in respect of that grant until the end of the relevant payment period and to determine that the full amount of that grant is due in respect of that payment period.

(16) Paragraph (15) does not apply to a payment of the disabled students' allowance in respect of specialist equipment.

(17) No support under Part 5 is due in respect of a payment period during any part of which an eligible student is absent from the course, unless in the opinion of the Secretary of State it would be appropriate in all the circumstances for support to be paid in respect of the period of absence.

(18) In deciding whether it would be appropriate for support to be due under paragraph (17) the circumstances to which the Secretary of State must have regard include the reasons for the student's absence, the length of the absence and the financial hardship which not paying the support would cause.

(19) An eligible student is not to be considered absent from the course if the student is unable to attend due to illness and the student's absence has not exceeded 60 days.

(20) Where, after the Secretary of State has made any payment of support under Part 5 or Part 6, the Secretary of State makes a determination of the amount of a grant for living and other costs for which the student qualifies either for the first time or by way of revision of a provisional or other determination of that amount—

(a)if the determination increases the amount of that grant for which the student qualifies the Secretary of State must pay the additional amount in such instalments (if any) and at such times as the Secretary of State considers appropriate;

(b)if the determination decreases the amount of that grant for which the student qualifies the Secretary of State must subtract the amount of the decrease from the amount of that grant which remains to be paid;

(c)if the amount of the decrease is greater than the amount of that grant remaining to be paid the latter amount is reduced to nil and the balance subtracted from any other grant for living and other costs for which the student qualifies in respect of the academic year;

(d)any remaining overpayment is recoverable in accordance with Chapter 5 of this Part.

CHAPTER 4E+WPAYMENT OF LOANS

GeneralE+W

110.—(1) Subject to paragraph (2)—

(a)fee loans are payable in accordance with regulation 113;

(b)fee contribution loans are payable in accordance with regulation 114;

F634(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)loans for living costs and long courses loans are payable in accordance with regulation 116;

(2) Regulations 111 and 112 apply in respect of the payment of all loans.

Textual Amendments

F634Reg. 110(1)(c) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 44

Provision of United Kingdom national insurance numberE+W

111.—(1) The Secretary of State may make it a condition of entitlement to payment of any loan that the eligible or qualifying student must provide the Secretary of State with the student's United Kingdom national insurance number.

(2) Where the Secretary of State has imposed a condition under paragraph (1), the Secretary of State must not make any payment of the loan to the eligible or qualifying student before the Secretary of State is satisfied that the student has complied with that condition.

(3) Despite paragraph (2), the Secretary of State may make a payment of loan to an eligible or qualifying student if the Secretary of State is satisfied that owing to exceptional circumstances it would be appropriate to make such a payment without the eligible or qualifying student having complied with the condition imposed under paragraph (1).

Information requirementsE+W

112.—(1) The Secretary of State may at any time request from an applicant, eligible student or qualifying student information that the Secretary of State considers is required to recover a loan.

(2) The Secretary of State may at any time require an applicant, eligible student or qualifying student to enter into an agreement to repay a loan by a particular method.

(3) The Secretary of State may at any time request from an applicant, eligible student or qualifying student sight of their valid national identity card, valid passport issued by the state of which they are a national or their birth certificate.

(4) Where the Secretary of State has requested information under this regulation, the Secretary of State may withhold any payment of a loan until the person provides what has been requested or provides a satisfactory explanation for not complying with the request.

(5) Where the Secretary of State has required an agreement as to the method of repayment under this regulation, the Secretary of State may withhold any payment of a loan until the person provides what has been required.

Payment of fee loansE+W

113.—(1) The Secretary of State must pay the fee loan for which an eligible student qualifies to an institution to which the student is liable to make payment.

(2) The Secretary of State may pay the fee loan in instalments.

(3) The Secretary of State must not pay the fee loan or instalment of fee loan until the Secretary of State has received from the academic authority—

(a)a request for payment; and

(b)confirmation (in such form as may be required by the Secretary of State) of the student's attendance on the course for the period to which the instalment relates.

[F635(3A) For a student beginning the current course on or after 1st August 2016, an academic authority must not send confirmation of the student’s attendance to the Secretary of State—

(a)in the case of an institution with degree awarding powers pursuant to section 76 of the Further and Higher Education Act 1992, until the student is registered on the course at the institution;

(b)in the case of a course validated by an institution with degree awarding powers pursuant to section 76 of the Further and Higher Education Act 1992, until the validating institution has been notified by the institution teaching the student that the student is studying on the course covered by the validation agreement; or

(c)where neither sub-paragraph (a) or (b) applies, until the student has been registered with the relevant awarding body.]

(4) In this regulation, “confirmation of the student's attendance” means confirmation from the academic authority that the student-

(a)has enrolled for the academic year and has begun to attend (or in the case of a distance learning course undertake) the course for that academic year, where the confirmation relates to payment of the fee loan or the first instalment of the fee loan for the academic year; or

(b)remains enrolled and continues to attend (or in the case of a distance learning course undertake) the course, where the confirmation relates to payment of an instalment of the fee loan other than the first instalment.

(5) The academic authority must inform the Secretary of State if a student ceases to attend or undertake the designated course during the academic year.

Textual Amendments

F635Reg. 113(3A) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 45

Payment of fee contribution loansE+W

114.—(1) The Secretary of State must pay the fee contribution loan for which an eligible student qualifies to an institution to which the student is liable to make payment.

(2) The Secretary of State may pay the fee contribution loan in instalments.

(3) The Secretary of State must not pay the fee contribution loan before —

(a)the Secretary of State has received a request for payment from the academic authority; and

(b)a period of three months beginning with the first day of the academic year has expired.

(4) Where assessment of an old system student's contribution or other matters have delayed the final calculation of the amount of fee contribution loan for which the student qualifies, the Secretary of State may make a provisional assessment and payment.

(5) No payment of fee contribution loan can be made in respect of a designated course if-

(a)before the expiry of a period of three months beginning with the first day of the academic year the eligible student ceases to attend or, in the case of a student treated as in attendance under regulation 18, undertake the course; and

(b)the academic authority has determined or agreed that the student will not begin attending or, as the case may be, undertaking in the United Kingdom the course again during the academic year in respect of which the fees are payable at all.

Payment of college fee loansE+W

F636115.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F636Reg. 115 omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 3

Payment of loans for living costs and long courses loansE+W

116.—(1) The Secretary of State may pay support under Part 6 in instalments.

(2) Subject to paragraph (4), the Secretary of State may pay support under Part 6 at such times as the Secretary of State considers appropriate.

(3) An academic authority is required to send an attendance confirmation to the Secretary of State.

(4) The Secretary of State must not pay the first instalment, or where it has been determined not to pay support under Part 6 by instalments, make any payment of support under Part 6 to the eligible student before the Secretary of State has received an attendance confirmation from the relevant academic authority unless an exception applies.

(5) An exception applies if the Secretary of State has determined that owing to exceptional circumstances it would be appropriate to make a payment without receiving an attendance confirmation.

(6) Where a final assessment cannot be made on the basis of the information provided by the student, the Secretary of State may make a provisional assessment and payment of support under Part 6.

(7) Payments of support under Part 6 are to be made in such manner as the Secretary of State considers appropriate and the Secretary of State may make it a condition of entitlement to payment that the eligible student must provide the Secretary of State with particulars of a bank or building society account in the United Kingdom into which payments may be made by electronic transfer.

(8) Where the Secretary of State has made any payment of support under Part 5 or under Part 6 and a student who qualifies for a loan for living costs or a long courses loan under Part 6 applies for either loan or applies for an additional amount of either loan in respect of an academic year, the Secretary of State may pay that loan (or loans, as the case may be) or that additional amount of loan (or loans, as the case may be) in such instalments (if any) and at such times as the Secretary of State considers appropriate as soon as is reasonably practicable after a satisfactory application has been received.

(9) Subject to paragraph (10), no support under Part 6 is due in respect of any day of an academic year on which the eligible student is a prisoner, unless in the opinion of the Secretary of State it would be appropriate in all the circumstances for support to be paid in respect of that day.

(10) In deciding whether it would be appropriate for support to be due under paragraph (9) the circumstances to which the Secretary of State must have regard include the financial hardship which not paying the support would cause and whether not paying the support would affect the student's ability to continue the course.

(11) No support under Part 6 in respect of the current course is due in respect of any payment period beginning after an eligible student's period of eligibility terminates.

(12) No support under Part 6 is due in respect of a payment period during part of which an eligible student is absent from the course, unless in the opinion of the Secretary of State it would be appropriate in all the circumstances for support to be paid in respect of the period of absence.

(13) In deciding whether it would be appropriate for support to be due under paragraph (12) the circumstances to which the Secretary of State must have regard include the reasons for the student's absence, the length of the absence and the financial hardship which not paying the support would cause.

(14) An eligible student is not to be considered absent from the student's course if the student is unable to attend due to illness and the student's absence has not exceeded 60 days.

(15) Where, after the Secretary of State has made any payment of support under Part 6 for which a student qualifies in respect of an academic year, the Secretary of State makes a determination that the amount of loan for living costs or long courses loan for which the student qualifies is less than the amount previously determined either by way of a revision of a provisional assessment or otherwise—

[F637(a)the Secretary of State must subtract from any amount of loan which remains to be paid under Part 6 such amount as is necessary to ensure that the student does not borrow an amount of loan under Part 6 which is greater than that for which the student qualifies;

(b)if the amount to be subtracted is greater than the amount of loan remaining to be paid under Part 6, the amount of that loan remaining to be paid is reduced to nil;]

(c)any remaining overpayment is recoverable in accordance with Chapter 5 of this Part.

Textual Amendments

CHAPTER 5E+WOVERPAYMENTS

Overpayments of fee supportE+W

117.—(1) Any overpayment of fee support is recoverable by the Secretary of State from—

(a)the academic authority; or

(b)the student in respect of whom the payment of fee support was made.

[F638(1A) A student must, if so required by the Secretary of State, repay any amount of fee support paid in respect of the student which for whatever reason exceeds the amount of fee support to which the student is entitled.]

(2) An overpayment of a fee loan may be recovered from a student under paragraph (1)(b) in whichever one or more of the following ways the Secretary of State considers appropriate in all the circumstances,—

(a)by subtracting the overpayment from any amount of the fee loan which remains to be paid;

[F639(aa)by subtracting the overpayment from any kind of grant or loan payable to the student from time to time pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act;]

(b)by requiring the student to repay the fee loan in accordance with regulations made under section 22 of the 1998 Act;

(c)by taking such other action for the recovery of an overpayment as is available to the Secretary of State.

Textual Amendments

Overpayments of college fee loanE+W

F640118.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F640Reg. 118 omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 3

Overpayments of support payable under Part 5 or Part 6E+W

119.—(1) [F641A student] must, if so required by the Secretary of State, repay any amount paid to the student under Part 5 or 6 which for whatever reason exceeds the amount of support to which the student is entitled under Part 5 or 6.

(2) The Secretary of State must recover an overpayment of any grant for living and other costs unless the Secretary of State considers it is not appropriate to do so.

(3) The methods of recovery are—

(a)subtracting the overpayment from any kind of grant [F642or loan] payable to the student from time to time pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act;

(b)taking such other action for the recovery of an overpayment as is available to the Secretary of State.

(4) A payment of any grant for living and other costs made before the relevant date is an overpayment if the student withdraws from the course before the relevant date unless the Secretary of State decides otherwise.

(5) In this regulation, the “relevant date” is the date on which the first term of the academic year in question actually begins.

(6) In the circumstances in paragraph (7) or (8), there is an overpayment of the disabled students' allowance unless the Secretary of State decides otherwise.

(7) The circumstances are—

(a)the Secretary of State applies all or part of the disabled students' allowance to the purchase of specialist equipment on behalf of the F643... student;

(b)the student's period of eligibility terminates after the relevant date; and

(c)the equipment has not been delivered to the student before the student's period of eligibility terminates.

(8) The circumstances are—

(a)the F644... student's period of eligibility terminates after the relevant date; and

(b)a payment of the disabled students' allowance in respect of specialist equipment is made to the student after the student's period of eligibility terminated.

(9) Where there is an overpayment of the disabled students' allowance, the Secretary of State may accept the return of specialist equipment purchased with the grant by way of recovery of all or part of the overpayment if the Secretary of State considers it is appropriate to do so.

[F645(10) Any overpayment of a loan for living costs or a long courses loan in respect of any academic year is recoverable by the Secretary of State from the student to whom the payment was made.]

[F646(11) The methods of recovery are—

(a)subtracting the overpayment from any kind of grant or loan payable to the student from time to time pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act;

(b)requiring the student to repay the loan in accordance with regulations made under section 22 of the 1998 Act;

(c)taking such other action for the recovery of an overpayment as is available to the Secretary of State.]

F647(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F648PART 10E+WSUPPORT FOR DESIGNATED DISTANCE LEARNING COURSES

Textual Amendments

F648Pt. 10 omitted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 6(5)

Eligible distance learning studentsE+W

F648120.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Students becoming eligible during the course of the academic yearE+W

F648121.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Designated distance learning coursesE+W

F648122.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Period of eligibilityE+W

F648123.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Support for distance learning coursesE+W

F648124.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amount of support for designated distance learning coursesE+W

F648125.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation of regulation 125E+W

F648126.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disabled distance learning students' allowanceE+W

F648127.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Applications for supportE+W

F648128.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Declarations provided by academic authoritiesE+W

F648129.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

InformationE+W

F648130.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transfer of statusE+W

F648131.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conversion of statusE+W

F648132.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Payment of grants for feesE+W

F648133.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Payment of grants for books, travel and other expenditure and disabled distance learning students' allowanceE+W

F648134.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

OverpaymentsE+W

F648135.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 11 E+WSUPPORT FOR PART-TIME COURSES

Interpretation of Part 11E+W

136.—(1) In this Part (except for purposes of regulation 139(1)(e)), the current part-time course is treated as beginning before 1st September 2012 in relation to a student (“A”) where—

(a)A transfers to the current part-time course pursuant to regulation 151 on or after 1st September 2012 from a designated part-time course beginning before 1st September 2012; or

(b)the current part-time course is an end-on course of the kind described in paragraph (g) of the definition of “end-on” course in regulation 2.

(2) In this Part,—

(a)“period ordinarily required to complete the full-time equivalent” means—

(i)where the course is provided by or on behalf of the Open University, the period that a standard full-time student would require to complete the full-time equivalent if that student were awarded 120 credit points in each academic year;

(ii)where the course is provided by or on behalf of any other institution, the period in which a standard full-time student would complete the full-time equivalent;

(b)“standard full-time student” is a student who is to be taken—

(i)to have begun the full-time equivalent on the same date as the eligible part-time student began the part-time course in question;

(ii)not to have been excused any part of the full-time equivalent;

(iii)not to have repeated any part of the full-time equivalent; and

(iv)not to be absent from the full-time equivalent other than during vacations.

(3) In this Part, the intensity of study is calculated as follows and expressed as a percentage—

where

PT is the number of modules, credits, credit points, points or other unit to be awarded to the eligible part-time student by the academic authority if the student successfully completes the academic year in connection with which that student is applying for support;FT is—

(a)where the course is provided by or on behalf of the Open University, 120;

(b)where the course is provided by or on behalf of any other institution, the number of modules, credits, credit points, points or other unit that a standard full-time student would be required to obtain in each academic year in order to complete the full-time equivalent within the period ordinarily required to complete that course.

Eligible part-time studentsE+W

137.—(1) An eligible part-time student qualifies for support in connection with the student's undertaking a designated part-time course subject to and in accordance with this Part.

(2) Subject to paragraph (3), a person is an eligible part-time student in connection with a designated part-time course if in assessing the person's application for support the Secretary of State determines that the person falls within one of the categories set out in Part 2 of Schedule 1.

(3) A person (“A”) is not an eligible part-time student if—

[F649(a)A is, in connection with the part-time course—

(i)eligible to apply for a healthcare bursary whether or not the amount of such bursary is calculated by reference to income;

(ii)eligible to apply for any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 2007; or

(iii)eligible for a healthcare tuition payment;]

(b)A is in breach of any obligation to repay any loan;

(c)A has reached the age of 18 and has not ratified any agreement for a loan A made when A was under the age of 18;

(d)A has, in the opinion of the Secretary of State, shown by A's conduct that A is unfitted to receive support; or

(e)subject to paragraph (4), A is a prisoner.

F650(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Paragraph (3)(e) does not apply—

(a)where the student is an eligible prisoner; or

(b)in respect of an academic year during which the student enters prison or is released from prison.

(5) For the purposes of paragraphs (3)(b) and (3)(c), “loan” means a loan made under any provision of the student loans legislation.

(6) In a case where the agreement for a loan is subject to the law of Scotland, paragraph (3)(c) only applies if the agreement was made—

(a)before 25th September 1991; and

(b)with the concurrence of the borrower's curator or at a time when the borrower had no curator.

F651(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F652(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F653(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) Where—

(a)the Secretary of State determined that, by virtue of being a [F654refugee] or the spouse, civil partner, child or step-child of [F655a refugee], a person (“A”) was an eligible part-time student in connection with an application for support for an earlier year of the current part-time course or an application for support in connection with a designated course F656... or other designated part-time course from which A's status as an eligible part-time student [F657or eligible student] has been transferred to the current part-time course; and

[F658(b)as at the day before the academic year in respect of which A is applying for support begins, the refugee status of A or of A’s spouse, civil partner, parent or step-parent, as the case may be, has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),]

A's status as an eligible part-time student terminates immediately before the first day of the academic year in respect of which A is applying for support.

[F659(10A) Where—

(a)the Secretary of State determined that, by virtue of being a person granted stateless leave or the spouse, civil partner, child or step-child of a person granted stateless leave, a person (“A”) was an eligible part-time student in connection with—

(i)an application for support for an earlier year of the current part-time course, or

(ii)an application for support in connection with a designated part-time course or other designated course from which A’s status as an eligible part-time student or eligible student has been transferred to the current part-time course, and

(b)as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted stateless leave is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted,

A’s status as an eligible part-time student terminates immediately before the first day of the academic year in respect of which A is applying for support.]

(11) Where—

(a)the Secretary of State determined that, by virtue of being a person granted humanitarian protection or the spouse, civil partner, child or step-child of such a person, a person (“A”) was an eligible part-time student in connection with an application for support for an earlier year of the current part-time course or an application for support in connection with a designated course F660... or other designated part-time course from which A's status as an eligible part-time student [F661or eligible student] has been transferred to the current part-time course; and

(b)as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted humanitarian protection is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),

A's status as an eligible part-time student terminates immediately before the first day of the academic year in respect of which A is applying for support.

(12) Paragraphs (10) and (11) do not apply where A began the course in connection with which the Secretary of State determined that A was an eligible part-time student or eligible student, as the case may be, before 1st September 2007.

(13) An eligible part-time student may not, at any one time, qualify for support for—

(a)more than one designated part-time course;

(b)a designated part-time course and a designated course;

F662(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)a designated part-time course and a designated postgraduate course.

Textual Amendments

F649Reg. 137(3)(a) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 18(a)

F656Words in reg. 137(10)(a) omitted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 6(6)(a)(i)

F657Words in reg. 137(10)(a) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 6(6)(a)(ii)

F659Reg. 137(10A) inserted (with application in accordance with reg. 1(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 7(5)

F660Words in reg. 137(11)(a) omitted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 6(6)(a)(i)

F661Words in reg. 137(11)(a) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 6(6)(a)(ii)

F662Reg. 137(13)(c) omitted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 6(6)(b)

Students becoming eligible during the course of the academic yearE+W

138.—(1) In respect of courses beginning before 1st September 2012, where one of the events listed in paragraph (4) occurs in the course of an academic year, a student may qualify for a grant of fees in respect of that academic year in accordance with this Part provided that—

(a)the relevant event occurred within the first three months of the academic year; and

(b)a grant in respect of fees is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.

(2) In respect of courses beginning before 1st September 2012, where one of the events listed in sub-paragraphs (a), (b), (e), (f), (g), (h) or (i) of paragraph (4) occurs in the course of an academic year—

(a)a student may qualify for a grant for books, travel and other expenditure or for disabled part-time students' allowance (or both) in respect of that academic year in accordance with this Part; and

(b)neither a grant for books, travel and other expenditure or disabled part-time students' allowance is available in respect of any academic year beginning before the academic year in which the relevant event occurred.

(3) In respect of courses beginning on or after 1st September 2012, where one of the events listed in paragraph (4) occurs in the course of an academic year, a student may qualify for a fee loan in respect of that academic year in accordance with this Part provided that—

(a)the relevant event occurred within the first three months of the academic year; and

(b)a fee loan is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.

(4) The events are—

(a)the student's course becomes a designated part-time course;

(b)the student or the student's spouse, civil partner or parent is recognised as a refugee or becomes [F663a person granted stateless leave or] a person granted humanitarian protection;

(c)a state accedes to the EU and the student is a national of that state or a family member (as defined in Part 1 of Schedule 1) of a national of that state;

(d)the student becomes a family member (as defined in Part 1 of Schedule 1) of an EU national;

(e)the state of which the student is a national accedes to the EU where the student has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the first academic year of the course;

(f)the student acquires the right of permanent residence;

(g)the student becomes the child of a Turkish worker;

(h)the student becomes a person described in paragraph 6(1)(a) of Schedule 1; or

(i)the student becomes the child of a Swiss national.

Textual Amendments

F663Words in reg. 138(4)(b) inserted (with application in accordance with reg. 1(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 7(6)

Designated part-time coursesE+W

139.—(1) Subject to paragraphs (3), (4) and (5), a part-time course is designated for the purposes of section 22(1) of the 1998 Act and regulation 137 if—

(a)it is a course mentioned in Schedule 2, other than a course for the initial training of teachers which—

(i)began before 1st September 2010; or

(ii)begins on or after 1st September 2010 where the student transfers to the current course pursuant to regulation 7 from a course for the initial training of teachers which began before 1st September 2010;

(b)it is of at least one academic year's duration;

(c)it is ordinarily possible to complete the course in not more than—

(i)twice the period ordinarily required to complete the full-time equivalent where the course began before 1st September 2012; or

(ii)four times the period ordinarily required to complete the full-time equivalent where the course begins on or after 1st September 2012;

[F664(d)it is either—

(i)wholly provided by an authority-funded institution;

(ii)provided by a publicly funded institution situated in the United Kingdom on behalf of an authority-funded institution; or

(iii)provided by an authority-funded institution in conjunction with an institution which is situated outside the United Kingdom;

(da)it is substantially provided in the United Kingdom;]

(e)for a course beginning on or after 1st September 2012 which falls within paragraph 1, 2, 4, F665... 7 or 8 of Schedule 2 [F666—

(i)it is a course which leads to an award granted or to be granted by a body falling within section 214(2)(a) or (b) of the Education Reform Act 1988; and

(ii)the teaching and supervision which comprise the course has been approved by that body]; [F667and]

(f)it is not designated by or under regulation 5; F668...

F668(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In paragraph (1)(e), “award” means any degree, diploma, certificate or other academic award or distinction.

(3) A course falling within paragraph 7 or 8 of Schedule 2 is not a designated part-time course where the governing body of a maintained school or Academy has arranged for the provision of such a course to a pupil of the school or Academy.

(4) A course that is taken as part of an employment-based teacher training scheme is not a designated part-time course.

(5) A first degree course is not a designated part-time course where—

(a)it leads to the award of a professional qualification;

(b)a first degree (or equivalent qualification) would normally be required for entry to a course leading to the award of that professional qualification; and

(c)the current course begins on or after 1st September 2009.

F669(5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) For the purposes of paragraph (1)—

(a)a course is provided by an institution if it provides the teaching and supervision which comprise the course, whether or not the institution has entered into an agreement with the student to provide the course;

[F670(aa)a course is substantially provided in the United Kingdom where at least half of the teaching and supervision which comprise the course is provided in the United Kingdom;]

(b)a university and any constituent college or institution in the nature of a college of a university is to be regarded as [F671authority-funded] if either the university or the constituent college or institution is [F671authority-funded]; F672...

(c)an institution is not to be regarded as publicly funded [F673or authority-funded] by reason only that it receives public funds from the governing body of a higher education institution in accordance with section 65(3A) of the Further and Higher Education Act 1992 M56 [F674; and]

[F675(d)a course is not to be regarded as provided on behalf of an authority-funded educational institution where a part of the course is provided by a private institution.]

(7) For the purposes of section 22 of the 1998 Act and regulation 137(1) the Secretary of State may designate courses of higher education which are not designated by paragraph (1).

[F676(8) The Secretary of State may revoke or suspend the designation of a course which is designated under paragraph (7).]

Textual Amendments

F664Reg. 139(1)(d)(da) substituted for reg. 139(1)(d) (7.11.2014) by The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(2), 15(a)

F666Words in reg. 139(1)(e) substituted (with application in accordance with reg. 1(4)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(4)(a), 15(b)(ii)

F667Word in reg. 139(1)(e) inserted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 6(7)(a)

F668Reg. 139(1)(g) and word omitted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 6(7)(b)

F671Words in reg. 139(6)(b) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(2)(a), 18(b)(i)

F672Word in reg. 139(6)(b) omitted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by virtue of The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(2)(a), 18(b)(ii)

F673Words in reg. 139(6)(c) inserted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(2)(a), 18(b)(iii)

F674Word in reg. 139(6)(c) substituted for full stop (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(2)(a), 18(b)(iv)

F675Reg. 139(6)(d) inserted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(2)(a), 18(b)(v)

Marginal Citations

Period of eligibilityE+W

140.—(1) A student's status as an eligible part-time student is retained in connection with a designated part-time course until the status terminates in accordance with this regulation or regulation 137.

(2) The period for which an eligible part-time student's status is retained is the “period of eligibility”.

(3) Subject to the following paragraphs and regulation 137, the period of eligibility terminates at the end of the academic year in which the eligible part-time student completes the designated part-time course.

(4) The period of eligibility terminates when the eligible part-time student—

(a)withdraws from the designated part-time course in circumstances where the Secretary of State has not transferred or converted or will not transfer or convert the student's status under regulation 151 or 152; or

(b)abandons or is expelled from the designated part-time course.

(5) The period of eligibility terminates at the end of the relevant academic year where the eligible part-time student cannot complete the designated part-time course within the relevant period specified in regulation 139(1)(c).

(6) For the purposes of paragraph (5), “relevant academic year” means the academic year during or at the end of which it becomes impossible for the student to complete the course within the period specified in regulation 139(1)(c) even if the student increases the intensity of the student's study.

(7) The Secretary of State may terminate the period of eligibility where the eligible part-time student (“A”) has shown by A's conduct that A is unfitted to receive support.

(8) If the Secretary of State is satisfied that an eligible part-time student has failed to comply with any requirement to provide information under this Part or has provided information which is inaccurate in a material particular, the Secretary of State may take such of the following actions as the Secretary of State considers appropriate in the circumstances—

(a)terminate the period of eligibility;

(b)determine that the student no longer qualifies for any particular support or particular amount of support;

(c)treat any support paid to the student as an overpayment which may be recovered under regulation 156.

(9) Where the period of eligibility terminates—

(a)before the end of the academic year in which the eligible part-time student completes the designated part-time course; and

(b)otherwise than under paragraph (5),

the Secretary of State may, at any time, renew or extend the period of eligibility for such period as the Secretary of State determines.

Assistance for part-time courses in respect of courses beginning before 1st September 2012E+W

141.—(1) For the purposes of this regulation, the assistance available in respect of a designated part-time course beginning before 1st September 2012—

(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 [F677£297] 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 in respect of a course [F678(other than a distance learning course)] beginning before 1st September 2012—

(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.

[F679(3A) Where an eligible part-time student is undertaking a part-time distance learning course, the student does not qualify for support under this regulation in respect of that course unless the Secretary of State considers that the student is undertaking the course in England on the first day of the first academic year.

(3B) A student qualifying for support under this regulation in respect of a part-time distance learning course will no longer qualify support in respect of that course if the Secretary of State considers that the student is undertaking the course outside the United Kingdom.]

[F680(3C) Paragraphs (3A) and (3B) do not apply to a person who is treated as being ordinarily resident in the United Kingdom by virtue of paragraph 1(4) of Schedule 1 on the basis of temporary employment falling within paragraph 1(5)(a) of that Schedule.]

(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 where the current course began on or after 1st September 2009; or

(b)the student holds a honours degree from an educational institution in the United Kingdom where—

(i)the current course began before 1st September 2009; or

(ii)the current course begins on or after 1st September 2009 where the student transfers to the current course pursuant to regulation 151 from a part-time course which began before 1st September 2009.

(7) An eligible part-time student is not prevented from qualifying for support under this regulation if –

(a)the current course is a course for the initial training of teachers which started on or after 1st September 2010 and before 1st September 2012;

(b)the duration of the current course does not exceed four years; and

(c)the student is not a qualified teacher .

[F681(8) Paragraph (6) does not apply where the Secretary of State determines that the following conditions are satisfied—

(a)the student has provided all information required by the Secretary of State in relation to qualifications held by the student;

(b)that information is accurate; and

(c)the Secretary of State has provided written notification that the student qualifies for support under this regulation in respect of an academic year of the current part-time course.

(9) Where paragraph (8) applies, the student qualifies for support under this regulation in accordance with paragraphs (10) to [F682(12A)] provided that the student would otherwise qualify for support under this regulation in respect of that academic year.

(10) If the Secretary of State makes the determination before the first day of the first academic year of the current part-time course then the student qualifies for support under this regulation in respect of the first academic year of the current part-time course.

(11) If the Secretary of State makes the determination on or after the first day of the first academic year of the current part-time course then the student qualifies for support under this regulation in respect of—

(a)the academic year of the current part-time course during which the Secretary of State makes the determination; and

(b)an academic year of the current part-time course which the student has completed prior to the Secretary of State making the determination.

[F683(12) Paragraphs (10) and (11) do not apply if the Secretary of State considers that there are exceptional circumstances.]]

[F684(12A) Where the Secretary of State considers that there are exceptional circumstances, the Secretary of State may determine that the student should qualify for support under this regulation in respect of one or more academic years of the current part-time course, as appropriate, whether or not the student has completed those academic years prior to the Secretary of State making the determination.]

Textual Amendments

F677Sum in reg. 141(1)(b) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F680Reg. 141(3C) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 19

F681Reg. 141(8)-(12) inserted (with application in accordance with reg. 1(4)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(4)(a), 16

Amount of assistance in respect of courses beginning before 1st September 2012E+W

142.—(1) The basic grant varies according to the intensity of study.

(2) The “basic grant” is—

(a)[F685£907] where the intensity of study is less than 60 per cent. (“level 1”);

(b)[F686£1,088] where the intensity of study is 60 per cent. or more but less than 75 per cent. (“level 2”);

(c)[F687£1,363] where the intensity of study is 75 per cent. or more (“level 3”).

(3) Subject to paragraph (4) and regulation 151(6), the amount of assistance payable in respect of an academic year is determined as follows—

(a)if at the date of the application the eligible part-time student or the student's partner is entitled—

(i)under Part VII of the Social Security Contributions and Benefits Act 1992 to income support [F688or] housing benefit F689...;

(ii)under Part 1 of the Jobseekers Act 1995 to income–based jobseeker's allowance F690...F691...

(iii)under Part 1 of the Welfare Reform Act 2007 to an income-related employment and support allowance; [F692or

(iv)to universal credit;]

the maximum amount of assistance available under regulation 141(1) is payable.

(b)where the relevant income is less than £16,845, the maximum amount of assistance available under regulation 141(1) is payable;

(c)where the relevant income is £16,845, the maximum amount of assistance available under regulation 141(1)(b) is payable together with £50 less than the maximum amount of assistance available under regulation 141(1)(a);

(d)where the relevant income exceeds £16,845 but is less than [F693£25,423], the maximum amount of assistance available under regulation 141(1)(b) is payable and the amount of assistance payable under regulation 141(1)(a) is the amount determined in accordance with paragraph (4);

(e)where the relevant income is [F694£25,423], the maximum amount of assistance available under regulation 141(1)(b) is payable and the amount of assistance payable under regulation 141(1)(a) is £50;

(f)where the relevant income exceeds [F695£25,423] but is less than £26,030, the maximum amount of assistance available under regulation 141(1)(b) is payable and no assistance is payable under regulation 141(1)(a);

(g)where the relevant income is £26,030 or more but less than £28,065, the amount of assistance payable under regulation 141(1)(b) is the amount left after deducting from the maximum amount of assistance available under regulation 141(1)(b) £1 for every complete [F696£8.24] by which the relevant income exceeds £26,030, and no assistance is payable under regulation 141(1)(a);

(h)where the relevant income is £28,065, the amount of assistance payable under regulation 141(1)(b) is £50, and no assistance is payable under regulation 141(1)(a);

(i)where the relevant income exceeds £28,065, no assistance is payable under regulation 141(1).

(4) Where paragraph (3)(d) applies, the amount of assistance payable under regulation 141(1)(a) is determined by deducting from the maximum amount of assistance available under regulation 141(1)(a) one of the following amounts—

(a)£50 plus a further £1 for each complete [F697£10.62], [F697£8.68] or [F697£6.79] by which the relevant income exceeds £16,845 according to whether the intensity of study is level 1, 2 or 3, respectively; or

(b)where the basic grant is greater than the actual fees, an amount equal to that left after deducting from the amount calculated under sub-paragraph (a) the difference between the basic grant and the actual fees (unless the amount is a negative number in which case the maximum amount of assistance available under regulation 141(1)(a) is payable).

Textual Amendments

F685Sum in reg. 142(2)(a) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F686Sum in reg. 142(2)(b) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F687Sum in reg. 142(2)(c) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F693Sum in reg. 142(3)(d) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), reg. 1(3), Sch. 2

F694Sum in reg. 142(3)(e) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), reg. 1(3), Sch. 2

F695Sum in reg. 142(3)(f) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), reg. 1(3), Sch. 2

F696Sum in reg. 142(3)(g) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F697Sums in reg. 142(4)(a) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

Interpretation of regulation 142E+W

143.—(1) For the purposes of regulation 142—

(a)subject to sub-paragraph (b), “partner” means any of the following—

(i)the spouse of an eligible part-time student;

(ii)the civil partner of an eligible part-time student;

(iii)a person ordinarily living with an eligible part-time student as if the person were the student's spouse where an eligible part-time student is aged 25 or over on the first day of the academic year in respect of which that student is being assessed for assistance and where that student began the specified designated part-time course before 1st September 2005;

(iv)a person ordinarily living with an eligible part-time student as if the person were the student's spouse or civil partner where an eligible part-time student begins the specified designated part-time course on or after 1st September 2005;

(b)a person who would otherwise be a partner under sub-paragraph (a) is not to be treated as a partner if—

(i)in the opinion of the Secretary of State, that person and the eligible part-time student are separated; or

(ii)the person is ordinarily living outside the United Kingdom and is not maintained by the eligible part-time student;

(c)“relevant income” has the meaning given in paragraph (2).

(2) Subject to paragraph (3), an eligible part-time student's relevant income is equal to the student's financial resources in the preceding financial year less—

(i)£2,000 in respect of the student's partner;

(ii)£2,000 in respect of the only or eldest child who is dependent on the student or the student's partner; and

(iii)£1,000 in respect of each other child who is dependent on the student or the student's partner.

(3) Where the Secretary of State is satisfied that an eligible part-time student's financial resources in the preceding financial year are greater than the student's financial resources in the current financial year and that the difference between the two amounts is £1,000 or more, the Secretary of State may assess that student's financial resources by reference to those resources in the current financial year.

(4) In this regulation—

(a)“child” in relation to an eligible part-time student includes any child of the student's partner and any child for whom the student has parental responsibility;

(b)“current financial year” means the financial year which includes the first day of the academic year in respect of which a person is being assessed for assistance;

(c)“dependent” means wholly or mainly financially dependent;

(d)“financial year” means the period of twelve months for which the income of the eligible part-time student is computed for the purposes of the income tax legislation which applies to it;

(e)“financial resources in a financial year” means the aggregate of the student's income for that year together with the aggregate of the income for that year of any person who at the date of the application for support is the student's partner;

(f)“income” means gross income from all sources excluding any tax credits awarded pursuant to any claims under section 3 of the Tax Credits Act 2002 and any higher education bursary;

(g)“preceding financial year” means the financial year immediately preceding the current financial year;

(h)“specified designated part-time course” means the course in respect of which the person is applying for support or, where the student's status as an eligible part-time student has been transferred to the current designated part-time course as a result of one or more transfers of that status by the Secretary of State from a part-time course (the “initial course”) in connection with which the Secretary of State determined the student to be an eligible part-time student pursuant to regulations made under section 22 of the 1998 Act, the specified designated part-time course means the initial course.

Fee support for designated part-time courses beginning on or after 1st September 2012E+W

144.—(1) An eligible part-time student (“A”) qualifies for a fee loan in respect of the fees payable by A in connection with A's undertaking a designated part-time course beginning on or after 1st September 2012.

(2) A part-time student does not qualify for a fee loan if the intensity of study during the academic year for which support is claimed is less than 25% [F698of an equivalent full-time course].

[F699(3) An eligible part-time student qualifies for a fee loan under paragraph (1) if the Secretary of State considers that—

(a)the student is attending the course in the United Kingdom, or

(b)where the course is a part-time distance learning course, the student is undertaking the course in England on the first day of the first academic year.]

[F700(3ZA) For the purposes of paragraph (3)(b), a person (“A”) is to be treated as being ordinarily resident in England for any period during which A would have been so resident but for the fact that—

(a)A,

(b)A’s spouse or civil partner,

(c)A’s parent, or

(d)in the case of a dependent direct relative in the ascending line, A’s child or child’s spouse or civil partner,

is or was temporarily employed in Wales, Scotland or Northern Ireland as a member of the regular naval, military or air forces of the Crown.]

[F701(3A) A student qualifying for a fee loan in respect of a part-time distance learning course under paragraph (3) will no longer qualify for a fee loan in respect of that course if the Secretary of State considers that the student is undertaking the course outside the United Kingdom.]

[F702(3B) Paragraphs (3)(b) and (3A) do not apply to a person who is treated as being ordinarily resident in the United Kingdom by virtue of paragraph 1(4) of Schedule 1 on the basis of temporary employment falling within paragraph 1(5)(a) of that Schedule.]

(4) [F703Subject to [F704paragraphs (6) to (12)]] an eligible part-time student does not qualify for support under this regulation if the current part-time course leads to an equivalent or lower qualification.

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

(a)the student has undertaken one or more part-time courses for sixteen academic years in aggregate; and

(b)the student was eligible to apply for a fee loan under this regulation or a loan or grant of the kind described in regulation 141(5) in respect of each of those academic years.

(6) [F705Paragraph (4) does not apply] if—

(a)the current part-time course is a course for the initial training of teachers which started on or after 1st September 2012;

(b)the duration of the current course does not exceed four years; and

(c)the student is not a qualified teacher.

[F706(7) Paragraph (4) does not apply if—

(a)the current part-time course—

(i)is a course in engineering, technology or computer science (or a combination of those subjects);

(ii)leads to an honours degree; and

(b)the student begins the current part-time course on or after 1st August 2015.

[F707(7A) Paragraph (4) does not apply if—

(a)the current part-time course—

(i)is a course in agriculture and related subjects, biological sciences, mathematical sciences, physical sciences or veterinary sciences (or a combination of those subjects);

(ii)leads to an honours degree; and

(b)the student begins the current part-time course on or after 1st August 2017.

(7B) Paragraph (4) does not apply if—

(a)the current part-time course—

(i)is a pre-registration course in an allied health profession subject, midwifery, nursing, nursing and social work or operating department practice;

[F708(ii)leads to an ordinary degree, honours degree, or, in respect of a course in operating department practice, an ordinary degree, honours degree or a diploma; and]

(b)the student begins the current part-time course on or after 1st August 2017 F709....]

(8) Paragraph (4) does not apply where the Secretary of State determines that the following conditions are satisfied—

(a)the student has provided all information required by the Secretary of State in relation to qualifications held by the student;

(b)that information is accurate; and

(c)the Secretary of State has provided written notification that the student qualifies for support under this regulation in respect of the current part-time course.

(9) Where paragraph (8) applies, the student qualifies for support under this regulation in accordance with paragraphs (10) to [F710(12A)].

(10) If the Secretary of State makes the determination before the first day of the first academic year of the current part-time course then the student qualifies for support under this regulation in respect of the first academic year of the current part-time course.

(11) If the Secretary of State makes the determination on or after the first day of the first academic year of the current part-time course then the student qualifies for support under this regulation in respect of—

(a)the academic year of the current part-time course during which the Secretary of State makes the determination; and

(b)an academic year of the current part-time course which the student has completed prior to the Secretary of State making the determination.

[F711(12) Paragraphs (10) and (11) do not apply if the Secretary of State considers that there are exceptional circumstances.]]

[F712(12A) Where the Secretary of State considers that there are exceptional circumstances, the Secretary of State may determine that the student should qualify for support under this regulation in respect of one or more academic years of the current part-time course, as appropriate, whether or not the student has completed those academic years prior to the Secretary of State making the determination.]

Textual Amendments

F700Reg. 144(3ZA) inserted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 3(3)

F702Reg. 144(3B) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 20(a)

F704Words in reg. 144(4) substituted (with application in accordance with reg. 1(4)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(4)(a), 17(a)

F706Reg. 144(7)-(12) inserted (with application in accordance with reg. 1(4)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(4)(a), 17(b)

F707Reg. 144(7A)(7B) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 20(b)

Amount of the fee loan - courses beginning on or after 1st September 2012E+W

145.—(1) The amount of a fee loan in respect of an academic year of a designated part-time course must not exceed the lesser of—

(a)the fees payable by the student in connection with that year; and

(b)the maximum amount.

(2) For the purposes of this regulation, the “maximum amount” means-

(a)[F713£6,935] where the current part-time course is provided by or on behalf of a publicly funded institution;

[F714(b)£4,500, where the current part-time course is provided by a private institution (other than on behalf of a publicly funded institution) not listed in Schedule 5;]

[F715(c)£4,625, where the current part-time course is provided by a private institution (other than on behalf of a publicly funded institution) listed in Schedule 5.]

(3) If a student's status as an eligible part-time student is transferred from one designated part-time course to another under regulation 151 and the circumstances in paragraph (4) apply, the student may apply to the Secretary of State 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.

(4) The circumstances are—

(a)the fees payable in respect of the academic year of the course to which the student transfers exceed the fees 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 student transfers does not begin on a later date than the academic year of the course from which the student is transferring.

(5) If a student's status as an eligible part-time student is transferred from one designated part-time course to another under these Regulations and the circumstances in paragraph (6) apply, the student may apply to the Secretary of State for another fee loan in respect of the academic year of the course to which the student transfers.

(6) 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.

(7) Where paragraph (3) applies, the maximum additional amount that the 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 the student has taken out under these Regulations in respect of the academic year from which the student is transferring from the lesser of—

(a)the amount specified in paragraph (2) applicable in the student's case; and

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

(8) Where paragraph (5) applies, the maximum amount of fee loan that a 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—

(a)the amount specified in paragraph (2) applicable in the student's case; and

(b)the fees payable by the student in connection with that year.

(9) Where a 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.

(10) If a student's status as an eligible part-time student is transferred from one course to another under regulation 151 and the circumstances in paragraph (11) apply, the student may apply to the Secretary of State to reduce the amount of fee loan borrowed in respect of the remainder of the academic year.

(11) The circumstances are—

(a)the fees payable in respect of the academic year of the course to which the eligible part-time student transfers are lower than the fees payable in respect of the academic year of the course from which the student is transferring;

(b)the academic year of the course to which the eligible part-time student transfers does not begin on a later date than the academic year of the course from which the student is transferring.

(12) For the purposes of paragraph (11), the “remainder of the academic year” means the period of the academic year in respect of which the academic authority has not made a request to the Secretary of State for payment of the fee loan or fee loan instalment.

(13) A student may apply to the Secretary of State to reduce the amount of fee loan for which the student has applied in respect of a period of the academic year for which the academic authority has not made a request to the Secretary of State for payment of the fee loan or fee loan instalment under regulation 155.

Textual Amendments

F713Sum in reg. 145(2)(a) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), reg. 1(3), Sch. 2

F714Reg. 145(2)(b) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 21(a)

F715Reg. 145(2)(c) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 21(b)

Assistance with fees in respect of attendance on a course in Wales, Northern Ireland or ScotlandE+W

146.—(1) The Secretary of State may pay support to assist with fees to an eligible part-time student in connection with the student's attendance on a designated part-time course beginning before 1st September 2012 in Wales, Northern Ireland or Scotland.

(2) The assistance paid under paragraph (1) must not exceed the lesser of—

(a)the maximum amount of assistance that would have been payable to the eligible part-time student under regulation 141(1)(a) had the student been undertaking the course in England; and

(b)the maximum amount of support to assist with fees that in the opinion of the Secretary of State would have been payable according to whether the student attends the designated part-time course in Wales, Northern Ireland or Scotland—

(i)pursuant to regulations made by the Welsh Ministers or the National Assembly for Wales under section 22 of the 1998 Act had the student been ordinarily resident in Wales and undertaking the part-time course in Wales;

(ii)pursuant to regulations made under Articles 3 and 8(4) of the Education (Student Support) (Northern Ireland) Order 1998 had the student been ordinarily resident in Northern Ireland and undertaking the part-time course in Northern Ireland; or

(iii)from funds of the Scottish Further and Higher Education Funding Council M57 had the student been ordinarily resident in Scotland and undertaking the part-time course in Scotland.

Marginal Citations

M57This body was established under section 1 of the Further and Higher Education (Scotland) Act 2005 (2005 asp 6).

Disabled part-time students' allowanceE+W

147.—[F716(1) A student qualifies for a grant under this regulation if the student—

(a)is an eligible part-time student; and

(b)has a disability.]

(2) An eligible part-time student does not qualify for the grant under this regulation—

(a)if the only paragraph in Part 2 of Schedule 1 into which the student falls is paragraph 9 [F717or paragraph 10];

(b)unless the Secretary of State considers that the student is undertaking the designated part-time course in the United Kingdom; or

(c)subject to [F718paragraph (3)], where the student is a prisoner.

[F719(2A) Paragraph (2)(b) does not apply to a person who is treated as being ordinarily resident in the United Kingdom by virtue of paragraph 1(4) of Schedule 1 on the basis of temporary employment falling within paragraph 1(5)(a) of that Schedule.]

(3) Paragraph (2)(c) does not apply in respect of an academic year during which the student enters prison or is released from prison.

(4) Where the current part-time course begins on or after 1st September 2012, an eligible part-time student does not qualify for grant under this regulation if the intensity of study during the academic year for which support is claimed is less than 25% [F720of an equivalent full-time course].

[F721(4A) The Secretary of State is authorised to pay a grant under this regulation to an eligible part-time student (“A”) who qualifies for that grant for the purpose of assisting with the additional expenditure which A is obliged to incur by reason of A’s disability in respect of undertaking a designated part-time course.]

(5) Subject to the following paragraphs, the amount of grant under this regulation is the amount that the Secretary of State considers appropriate in accordance with the student's circumstances.

[F722(5A) Subject to paragraph (6), the amount of the grant under this regulation in respect of additional expenditure on a computer must not exceed an amount equal to the additional expenditure incurred less £200.]

(6) The amount of the grant under this regulation must not exceed—

(a)[F723£16,489] in respect of an academic year for expenditure on a non-medical personal helper;

(b)[F724£5,529] in respect of all the academic years during the period of eligibility for expenditure on major items of specialist equipment;

(c)the additional expenditure incurred—

(i)within the United Kingdom for the purpose of attending the institution;

(ii)within or outside the United Kingdom for the purpose of attending, as a part of the course, any period of study at an overseas institution or for the purpose of attending the Institute;

(d)[F725£1,385] in respect of an academic year for any other expenditure including expenditure incurred for the purposes referred to in sub-paragraph (a) or (b) which exceeds the specified maxima.

[F726(7) Subject to paragraph (8), the grant under this regulation is payable in respect of the four quarters of the academic year, except where the allowance is used for expenditure on major items of specialist equipment.

(8) Where one of the events listed in regulation 138(4)(a), (b). (e), (f), (g), (h) or (i) occurs in the course of an academic year, a student may qualify for the grant under this regulation for the purposes specified in paragraph (6)(a), (c) or (d) in respect of such quarters as begin after the relevant event occurs.]

Textual Amendments

F716Reg. 147(1) substituted (with application in accordance with reg. 1(4)(b)(5) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(4)(a), 18(a)

F717Words in reg. 147(2)(a) inserted (with application in accordance with reg. 1(3)(4) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2016 (S.I. 2016/270), regs. 1(1), 5

F719Reg. 147(2A) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 22

F721Reg. 147(4A) inserted (with application in accordance with reg. 1(4)(b)(5) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(4)(a), 18(c)

F722Reg. 147(5A) inserted (with application in accordance with reg. 1(4)(b)(5) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(4)(a), 18(d)

F723Sum in reg. 147(6)(a) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F724Sum in reg. 147(6)(b) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F725Sum in reg. 147(6)(d) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F726Reg. 147(7)(8) inserted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(2)(a), 31(b)

Applications for supportE+W

148.—(1) A person (the “applicant”) must apply for support in connection with each academic year of a designated part-time course by completing and submitting to the Secretary of State an application in such form as the Secretary of State may require.

(2) The application must be accompanied by—

(a)a declaration under regulation 149 completed by the academic authority where the current part-time course began before 1st September 2012; and

(b)such additional documentation as the Secretary of State may require.

(3) The Secretary of State may take such steps and make such inquiries as the Secretary of State considers necessary to determine whether the applicant is an eligible part-time student, whether the applicant qualifies for support and the amount of support payable, if any.

(4) The Secretary of State must notify the applicant of whether the applicant qualifies for support and, if the applicant does qualify, the amount of support payable in respect of the academic year, if any.

(5) The general rule is that the application must reach the Secretary of State no later than the end of the ninth month of the academic year in respect of which it is submitted.

(6) The general rule does not apply where—

(a)one of the events listed in paragraph (3) of regulation 138 occurs after the first day of the academic year in respect of which the applicant is applying for support, in which case the application must reach the Secretary of State within a period of nine months beginning with the day on which the relevant event occurred;

(b)the applicant is applying for the disabled part-time students' allowance, in which case the application must reach the Secretary of State as soon as is reasonably practicable; or

(c)the Secretary of State considers that having regard to the circumstances of the particular case the time limit should be relaxed, in which case the application must reach the Secretary of State not later than such date as the Secretary of State specifies;

(d)the applicant is applying to borrow an additional amount of fee loan, in which case the application must reach the Secretary of State not later than one month before the end of the academic year to which the application relates.

Declarations provided by academic authoritiesE+W

149.—(1) Subject to paragraph (2), the academic authority must complete a declaration in such form as may be required by the Secretary of State.

(2) An academic authority is not required to complete a declaration if it is unable to give the confirmation required.

(3) Where the course began before 1st September 2012, the academic authority must complete the declaration at the request of the applicant to accompany the application for support.

(4) In this Part, “declaration” in respect of a course starting before 1st September 2012 means—

(a)where the applicant is applying for support in connection with the designated part-time course for the first time, a statement that—

(i)provides the course information; and

(ii)confirms that the applicant has undertaken at least two weeks of the designated part-time course;

(b)in any other case, a statement that—

(i)provides the course information; and

(ii)confirms that the applicant has enrolled to undertake the academic year of the designated part-time course in respect of which the applicant is applying for support F727...

[F728(5) In this Part, “declaration” in respect of a course starting on or after 1st September 2012 means a statement that—

(a)provides the course information; and

(b)confirms that the applicant has undertaken at least two weeks of the designated part-time course in respect of which the applicant is applying for support.]

(6) In this regulation, “course information” means—

(a)the amount of fees being charged in respect of the academic year in respect of which the applicant is applying for support;

(b)subject to paragraph (7), the intensity of study;

(c)certification by the academic authority that it considers—

(i)the course to be a designated part-time course;

(ii)that it will be possible for the applicant to complete the course within the period specified in regulation 139(1)(c).

(7) Where a course begins on or after 1st September 2012, the “intensity of study” in paragraph (6)(b) means confirmation by the academic authority that the intensity of study during the academic year for which support is claimed is not less than 25% [F729of an equivalent full-time course].

(8) For the purposes of paragraph (6)(c)(ii), the academic authority must have regard to—

(a)any increase in intensity of study that would be required for the applicant to complete the course within the period specified in regulation 139(1)(c);

(b)any parts of the course which the applicant has been required to repeat.

Textual Amendments

InformationE+W

150.  Schedule 3 deals with the provision of information.

Transfer of statusE+W

151.—(1) Where an eligible part-time student transfers to another part-time course, the Secretary of State must transfer the student's status as an eligible part-time student to that course where—

(a)he receives a request from the eligible part-time student to do so;

(b)he is satisfied that one or more of the grounds for transfer in paragraph (2) applies; and

(c)the period of eligibility has not terminated.

(2) The grounds for transfer are—

(a)the eligible part-time student starts to undertake another designated part-time course at the institution;

(b)the eligible part-time student starts to undertake a designated part-time course at another institution; or

(c)after beginning a designated part-time course for a first degree (other than an honours degree) the eligible part-time student is, before the completion of that course, admitted to a designated part-time course for an honours degree in the same subject or subjects at the institution.

(3) Subject to paragraph (4), an eligible part-time student who transfers under paragraph (1) from a part-time course beginning before 1st September 2012 is entitled to receive in connection with the academic year of the course to which the student transfers the remainder of the support for which the Secretary of State has determined the student qualifies in respect of the academic year of the course from which the student transfers.

(4) The Secretary of State may re-assess the amount of support payable after the transfer.

(5) An eligible student who transfers under paragraph (1) after the Secretary of State has determined the student's support in connection with the academic year of the course from which the student is transferring but before the student completes that year may not apply for another grant—

(a)under regulation 141(1)(b) where the student is transferring from a course beginning before 1st September 2012; or

(b)under regulation 147

in connection with the academic year of the course to which the student transfers.

(6) Where a student transfers under paragraph (1) from a part-time course beginning before 1st September 2012, the maximum amount of assistance under regulation 141(1)(a) in respect of the academic years to and from which the student transfers is the amount of assistance with fees available in connection with the course which has the highest intensity of study.

Conversion of statusE+W

152.—(1) Where an eligible student ceases to undertake a designated course and transfers to a designated part-time course at the same or at another institution, the Secretary of State must convert the student's status as an eligible student to that of an eligible part-time student in connection with the course to which the student is transferring where—

(a)he receives a request from the eligible student to do so; and

(b)the period of eligibility has not terminated.

(2) Where, before completing the designated course, the student transfers to a part-time course in the same subject or subjects leading to the same qualification at the same institution, the part-time course is to be treated as satisfying regulation 139(1)(b) and (c) if the period of part-time study to be undertaken by the student is of at least one academic year's duration and does not exceed—

(a)twice the period ordinarily required to complete the remainder of the designated course from which the student transfers, where the student transfers before 1st September 2012; or

(b)four times the period ordinarily required to complete the remainder of the designated course from which the student transfers, where the student transfers on or after 1st September 2012.

(3) The following applies to a student (“A”) who transfers under paragraph (1)—

(a)where the Secretary of State has determined to pay an amount of disabled students' allowance to A under Chapter 3 of Part 5 in periodic instalments, no payment in respect of that amount of grant must be made in respect of any instalment period beginning after the date on which A becomes an eligible part-time student;

(b)the maximum amount of disabled part-time students' allowance to which A would, apart from this regulation, be entitled in connection with A undertaking a designated part-time course in respect of that academic year is reduced by one third where A became an eligible part-time student during the second quarter of the academic year and by two thirds where A became such a student in a later quarter of that year;

(c)where an amount of disabled students' allowance for any purpose has been paid to A under Chapter 3 of Part 5 in a single instalment, the maximum amount of disabled part-time students' allowance payable for that purpose is reduced (or, where sub-paragraph (b) applies, further reduced) by the amount of grant paid to A for that purpose pursuant to Chapter 3 of Part 5, and where the resulting amount is nil or a negative amount that amount is nil; and

(d)where immediately before A became an eligible part-time student A was eligible to apply, but had not applied, for a loan for living costs in respect of that year, or had not applied for the maximum amount or increased maximum to which A was entitled, A may apply for such a loan or such additional amount of loan as if A had continued to be an eligible student; and in the circumstances mentioned in paragraph (4) the maximum or increased maximum amount of such loan for the academic year is reduced in accordance with that paragraph.

(4) Where the request under paragraph (1) is made during the first quarter of the academic year in respect of which the loan is payable the maximum amount or increased maximum amount of loan (as the case may be) is reduced by two thirds, and where the request is made during the second quarter of that year that amount is reduced by one third.

F730(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F730(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F730(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F730(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F730(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F730(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F730(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12) Where an eligible part-time student ceases to undertake a designated part-time course and transfers to a designated course at the same or at another institution, the Secretary of State must convert that student's status as an eligible part-time student to that of an eligible student in connection with the course to which the student is transferring where—

(a)he receives a request from the eligible part-time student to do so; and

(b)the period of eligibility has not terminated.

(13) The following applies to a student who transfers under paragraph (12)—

(a)where the Secretary of State has determined to pay an amount of disabled part-time students' allowance to the student in periodic instalments no payment in respect of that amount of grant must be made in respect of any instalment period beginning after the date on which the student became an eligible student;

(b)any support to which the student is entitled under this Part in respect of the academic year in which the student transfers is ignored in determining the amount of support to which the student may be entitled in respect of that year under Parts 4 to 6;

(c)the maximum amount of any support under Part 5 or 6 to which the student would, apart from this regulation, be entitled in connection with a designated course in respect of that academic year is reduced by one third where the student became an eligible student during the second quarter of that academic year and by two thirds where the student became such a student in a later quarter of that year; and

(d)where an amount of disabled part-time students' allowance for any purpose has been paid to the student in a single instalment, the maximum amount of disabled students' allowance payable to the student under Chapter 3 of Part 5 for that purpose is reduced (or, where sub-paragraph (c) applies, further reduced) by the amount of disabled part-time students' allowance paid to the student for that purpose and where the resulting amount is nil or a negative amount that amount is nil.

F731(14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F731(15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F731(16) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F731(17) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F731(18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F730Reg. 152(5)-(11) omitted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 6(8)

F731Reg. 152(14)-(18) omitted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 6(8)

Payment of grants for books, travel and other expenditure and disabled part-time students' allowancesE+W

153.—(1) Payments of the grant for books, travel and other expenditure and the disabled part-time students' allowance may be made in such manner as the Secretary of State considers appropriate and the Secretary of State may make it a condition of entitlement to payment that the eligible part-time student must provide the Secretary of State with particulars of a bank or building society account in the United Kingdom into which payments may be made by electronic transfer.

(2) Where the Secretary of State cannot make a final assessment on the basis of the information provided by the student, the Secretary of State may make a provisional assessment and payment of the grant for books, travel and other expenditure and the disabled part-time students' allowance.

(3) The Secretary of State may pay the grant for books, travel and other expenditure and the disabled part-time students' allowance in instalments.

(4) Subject to paragraph (5), the Secretary of State may pay the grant for books, travel and other expenditure and the disabled part-time students' allowance at such times as the Secretary of State considers appropriate.

(5) The Secretary of State must not pay the first instalment or, where it has been determined not to pay support in instalments, make any payment of the grant for books, travel and other expenditure or the disabled part-time students' allowance before the Secretary of State has received a declaration under regulation 149 unless an exception applies.

(6) An exception applies if—

(a)a disabled part-time students' allowance is payable in which case that particular grant may be paid before the Secretary of State has received a declaration;

(b)the Secretary of State has determined that owing to exceptional circumstances it would be appropriate to make a payment without receiving a declaration.

Payment of grants for feesE+W

154.—(1) Subject to paragraphs (2) and (3), the Secretary of State must pay the grant in respect of fees for which the student qualifies to the appropriate academic authority after a valid request for payment has been received.

(2) The Secretary of State may make payments under paragraph (1) at such times and in such instalments as the Secretary of State sees fit.

(3) The Secretary of State may make provisional payments under paragraph (1) in such cases as the Secretary of State deems appropriate.

Payment of loans for feesE+W

155.—(1) The Secretary of State must pay the fee loan for which an eligible part-time student qualifies to an institution to which the student is liable to make payment.

(2) The Secretary of State may pay the fee loan in instalments.

(3) The Secretary of State must not pay the fee loan or first instalment of the fee loan before the Secretary of State has received from the academic authority—

(a)a request for payment; and

(b)a declaration under regulation 149.

[F732(3A) For a student beginning the current course on or after 1st August 2016, the academic authority must not complete a declaration under regulation 149—

(a)in the case of an institution with degree awarding powers pursuant to section 76 of the Further and Higher Education Act 1992, until the student is registered on the course at the institution;

(b)in the case of a course validated by an institution with degree awarding powers pursuant to section 76 of the Further and Higher Education Act 1992, until the validating institution has been notified by the institution teaching the student that the student is studying on the course covered by the validation agreement; or

(c)where neither sub-paragraph (a) or (b) applies, until the student has been registered with the relevant awarding body.]

(4) The academic authority must inform the Secretary of State when a student ceases to attend or undertake the designated part-time course during the academic year.

(5) No payment of fee loan or instalment of fee loan can be made in respect of a designated part time course once the academic authority has informed the Secretary of State that the student has ceased to attend or undertake the course during the academic year.

Textual Amendments

F732Reg. 155(3A) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 51

Overpayments of grants and allowancesE+W

156.—(1) Any overpayment of a grant in respect of fees is recoverable by the Secretary of State from the academic authority.

(2) [F733A] part-time student must, if so required by the Secretary of State, repay any amount paid to the student under this Part which for whatever reason exceeds the amount of grant to which the student is entitled under this Part.

(3) The Secretary of State must recover an overpayment of grant for books, travel and other expenditure and disabled part-time students' allowance unless the Secretary of State considers that it is not appropriate to do so.

(4) The methods of recovery are—

(a)subtracting the overpayment from any kind of grant [F734or loan] payable to the student from time to time pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act;

(b)taking such other action for the recovery of an overpayment as is available to the Secretary of State.

(5) A payment of the disabled part-time students' allowance made before the relevant date is an overpayment if the student withdraws from the course before the relevant date unless the Secretary of State decides otherwise.

(6) In this regulation, the “relevant date” is the date on which the first term of the academic year in question actually begins.

(7) In the circumstances set out in paragraph (8) or (9), there is an overpayment of the disabled part-time students' allowance unless the Secretary of State decides otherwise.

(8) The circumstances are—

(a)the Secretary of State applies all or part of the disabled part-time students' allowance to the purchase of specialist equipment on behalf of the F735... part-time student;

(b)the student's period of eligibility terminates after the relevant date; and

(c)the equipment has not been delivered to the student before the period of eligibility terminated.

(9) The circumstances are—

(a)the F736... part-time student's period of eligibility terminates after the relevant date; and

(b)a payment of the disabled part-time students' allowance in respect of specialist equipment is made to the student after the period of eligibility terminated.

(10) Where there is an overpayment of the disabled part-time students' allowance, the Secretary of State may accept the return of specialist equipment purchased with the grant by way of recovery of all or part of the overpayment if the Secretary of State considers it is appropriate to do so.

Textual Amendments

Overpayments of fee supportE+W

157.—(1) Any overpayment of [F737fee loan support] is recoverable by the Secretary of State from—

(a)the academic authority; or

(b)the student in respect of whom the payment of [F737fee loan support] was made.

[F738(1A) A student must, if so required by the Secretary of State, repay any amount of fee loan support paid in respect of the student which for whatever reason exceeds the amount of fee loan support to which the student is entitled.]

(2) An overpayment of a fee loan may be recovered from a student under paragraph (1)(b) in whichever one or more of the following ways the Secretary of State considers appropriate in all the circumstances—

(a)by subtracting the overpayment from any amount of the fee loan which remains to be paid;

[F739(aa)by subtracting the overpayment from any kind of grant or loan payable to the student from time to time pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act.]

(b)by requiring the student to repay the fee loan in accordance with regulations made under section 22 of the 1998 Act;

(c)by taking such other action for the recovery of an overpayment as is available to the Secretary of State.

Textual Amendments

PART 12E+WSUPPORT FOR POSTGRADUATE STUDENTS WITH DISABILITIES

InterpretationE+W

158.—(1) In this Part, —

(a)“period ordinarily required to complete the full-time equivalent” means the period that a standard full-time student would require to complete the full-time equivalent;

(b)“standard full-time student” means a student who is to be taken—

(i)to have begun the full-time equivalent on the same date as the eligible postgraduate student began the part-time postgraduate course in question;

(ii)not to have been excused any part of the full-time equivalent;

(iii)not to have repeated any part of the full-time equivalent; and

(iv)not to be absent from the full-time equivalent other than during vacations.

(2) In this Part, the intensity of study is calculated as follows and expressed as a percentage—

where

PT is the number of modules, credits, credit points, points or other unit to be awarded to the eligible part-time student by the academic authority if the student successfully completes the academic year in connection with which that student is applying for support;FT is the number of modules, credits, credit points, points or other unit that a standard full-time student would be required to obtain in each academic year in order to complete the full-time equivalent within the period ordinarily required to complete that course.

Eligible postgraduate studentsE+W

159.—F740(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Subject to paragraph (4), a person is an eligible postgraduate student in connection with a designated postgraduate course if in assessing the student's application for support the Secretary of State determines that the student satisfies the conditions in paragraph (3).

(3) The conditions are—

(a)the person falls within one of the categories set out in Part 2 of Schedule 1; and

[F741(b)the person has a disability.]

(4) A person (“A”) is not an eligible postgraduate student if—

(a)A is eligible to apply for, in connection with the course—

(i)a healthcare bursary;

(ii)any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 2007;

(iii)any allowance, bursary or award of similar description made by a Research Council;

(iv)any allowance, bursary or award of similar description made by A's institution which includes any payment for the purpose of meeting additional expenditure incurred by A by reason of A's disability; F742...

(v)any allowance, bursary or award of similar description made under section 67(4)(a) of the Care Standards Act 2000 M58 which includes payment for meeting additional expenditure incurred by A by reason of A's disability; [F743or

(vi)any allowance, bursary or award of similar description made under section 116(2)(a) of the Regulation and Inspection of Social Care (Wales) Act 2016 which includes payment for meeting additional expenditure incurred by A by reason of A’s disability;]

[F744(aa)A is eligible for a healthcare tuition payment;]

(b)A is in breach of an obligation to repay any loan;

(c)A has reached the age of 18 and has not ratified any agreement for a loan made with A when A was under the age of 18;

(d)A has, in the opinion of the Secretary of State, shown by A's conduct that A is unfitted to receive support; or

(e)subject to paragraph (5), A is a prisoner.

(5) Paragraph (4)(e) does not apply-

(a)in respect of an academic year during which the student enters prison or is released from prison; or

(b)where the current course began before 1st September 2012.

(6) For the purposes of paragraphs (4)(b) and (4)(c), “loan” means a loan made under any provision of the student loans legislation.

(7) In a case where the agreement for a loan is subject to the law of Scotland, paragraph (4)(c) only applies if the agreement was made—

(a)before 25th September 1991; and

(b)with the concurrence of the borrower's curator or at a time when the borrower had no curator.

(8) An eligible postgraduate student does not qualify for a grant under this Part if the only paragraph in Part 2 of Schedule 1 into which the student falls is paragraph 9.

(9) Subject to paragraph (10), where the current post graduate course begins on or after 1st September 2012, an eligible postgraduate student does not qualify for a grant under this regulation if the intensity of study during the academic year for which support is claimed is less than 25% [F745of an equivalent full-time course].

(10) Regulation (9) does not apply where the student transfers to the current postgraduate course pursuant to regulation 163 from a course beginning before 1st September 2012.

(11) An eligible postgraduate student does not qualify for a grant under this Part unless the Secretary of State considers that the student is undertaking the course in the United Kingdom.

F746(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F747(13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F748(14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(15) Where—

(a)the Secretary of State determined that, by virtue of being a refugee or the spouse, civil partner, child or step-child of a refugee, a person (“A”) was an eligible postgraduate student in connection with an application for support for an earlier year of the current postgraduate course or an application for support in connection with another designated postgraduate course from which A's status as an eligible postgraduate student has been transferred to the current postgraduate course; and

(b)as at the day before the academic year in respect of which A is applying for support begins, the refugee status of A or of A's spouse, civil partner, parent or step-parent has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),

A's status as an eligible postgraduate student terminates immediately before the first day of the academic year in respect of which A is applying for support.

[F749(15A) Where—

(a)the Secretary of State determined that, by virtue of being a person granted stateless leave or the spouse, civil partner, child or step-child of a person granted stateless leave, a person (“A”) was an eligible postgraduate student in connection with—

(i)an application for support for an earlier year of the current postgraduate course, or

(ii)an application for support in connection with another designated postgraduate course from which A’s status as an eligible postgraduate student has been transferred to the current postgraduate course, and

(b)as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted stateless leave is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted,

A’s status as an eligible postgraduate student terminates immediately before the first day of the academic year in respect of which A is applying for support.]

(16) Where—

(a)the Secretary of State determined that, by virtue of being a person granted humanitarian protection or the spouse, civil partner, child or step-child of such a person, a person (“A”) was an eligible postgraduate student in connection with an application for support for an earlier year of the current postgraduate course or an application for support in connection with another designated postgraduate course from which A's status as an eligible postgraduate student has been transferred to the current postgraduate course; and

(b)as at the day before the academic year in respect of which A is applying for support, the period for which the person granted humanitarian protection is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),

A's status as an eligible postgraduate student terminates immediately before the first day of the academic year in respect of which A is applying for support.

(17) Paragraphs (15) and (16) do not apply where A began the course in connection with which the Secretary of State determined that A was an eligible postgraduate student before 1st September 2007.

(18) An eligible postgraduate student may not, at any one time, qualify for support for—

(a)more than one designated postgraduate course;

F750(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)a designated postgraduate course and a designated course;

(d)a designated postgraduate course and a designated part-time course.

Textual Amendments

F740Reg. 159(1) omitted (with application in accordance with reg. 1(4)(b)(5) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(4)(a), 19(a)

F741Reg. 159(3)(b) substituted (with application in accordance with reg. 1(4)(b)(5) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(4)(a), 19(b)

F744Reg. 159(4)(aa) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 23

F749Reg. 159(15A) inserted (with application in accordance with reg. 1(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 7(7)

F750Reg. 159(18)(b) omitted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 6(9)

Marginal Citations

Students becoming eligible in the course of an academic yearE+W

160.—(1) Where one of the events listed in paragraph (2) occurs in the course of an academic year—

(a)a student may qualify for a grant under this Part in respect of that academic year in accordance with this Part; and

(b)a grant of the kind available under this Part is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.

(2) The events are—

(a)the student's course becomes a designated postgraduate course;

(b)the student or the student's spouse, civil partner or parent is recognised as a refugee or becomes [F751a person granted stateless leave or] a person granted humanitarian protection;

(c)the state of which the student is a national accedes to the EU where the student has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the first academic year of the course;

(d)the student acquires the right of permanent residence (as defined in Part 1 of Schedule 1);

(e)the student becomes the child of a Turkish worker;

(f)the student becomes a person described in paragraph 6(1)(a) of Schedule 1; or

(g)the student becomes the child of a Swiss national.

Textual Amendments

F751Words in reg. 160(2)(b) inserted (with application in accordance with reg. 1(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 7(8)

Designated postgraduate coursesE+W

161.—(1) A postgraduate course is designated for the purposes of section 22(1) of the 1998 Act and regulation 159 if—

(a)it is a course for entry to which a first degree (or equivalent qualification) or higher is normally required;

(b)it is a course—

(i)of at least one academic year's duration; and

(ii)in the case of a part-time course, it is ordinarily possible to complete the course in not more than—

(aa)twice the period ordinarily required to complete the full-time equivalent where the course begins before 1st September 2012 or the student transfers to the current course pursuant to regulation 163 from a course beginning before 1st September 2012; or

(bb)four times the period ordinarily required to complete the full-time equivalent where the course begins on or after 1st September 2012;

[F752(c)it is either—

(i)wholly provided by an authority-funded institution;

(ii)provided by a publicly funded institution situated in the United Kingdom on behalf of an authority-funded institution; or

(iii)provided by an authority-funded institution in conjunction with an institution which is situated outside the United Kingdom;

(ca)it is substantially provided in the United Kingdom;] and

(d)it is not a course for the initial training of teachers or a course taken as part of an employment-based teacher training scheme.

(2) For the purposes of paragraph (1)—

(a)a course is provided by an institution if it provides the teaching and supervision which comprise the course, whether or not it has entered an agreement with the student to provide the course;

[F753(aa)a course is substantially provided in the United Kingdom where at least half of the teaching and supervision which comprise the course is provided in the United Kingdom;]

(b)a university and any constituent college or institution in the nature of a college of a university is to be regarded as [F754authority-funded] if either the university or the constituent college or institution is [F754authority-funded]; F755...

(c)an institution is not to be regarded as publicly funded [F756or authority-funded] by reason only that it receives public funds from the governing body of a higher education institution in accordance with section 65(3A)of the Further and Higher Education Act 1992 M59 [F757; and]

[F758(d)a course is not to be regarded as provided on behalf of an authority-funded educational institution where a part of the course is provided by a private institution.]

(3) For the purposes of paragraph (1)(b)(ii)—

(a)“full-time equivalent” means a full-time postgraduate course leading to the same qualification as the part-time postgraduate course in question;

(b)“period ordinarily required to complete the full-time equivalent” means the period that a standard full-time student would require to complete the full-time equivalent;

(c)“standard full-time student” means a student who is to be taken—

(i)to have begun the full-time equivalent on the same date as the eligible postgraduate student began the part-time postgraduate course in question;

(ii)not to have been excused any part of the full-time equivalent;

(iii)not to have repeated any part of the full-time equivalent; and

(iv)not to be absent from the full-time equivalent other than during vacations.

F759(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) For the purposes of section 22 of the 1998 Act and regulation 159, the Secretary of State may designate courses of higher education which are not designated under paragraph (1).

[F760(5) The Secretary of State may revoke or suspend the designation of a course which is designated under paragraph (4).]

Textual Amendments

F752Reg. 161(1)(c)(ca) substituted for reg. 161(1)(c) (7.11.2014) by The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(2), 20(a)

F754Words in reg. 161(2)(b) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(2)(a), 20(b)(i)

F755Word in reg. 161(2)(b) omitted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by virtue of The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(2)(a), 20(b)(ii)

F756Words in reg. 161(2)(c) inserted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(2)(a), 20(b)(iii)

F757Word in reg. 161(2)(c) substituted for full stop (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(2)(a), 20(b)(iv)

F758Reg. 161(2)(d) inserted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(2)(a), 20(b)(v)

Marginal Citations

Period of eligibilityE+W

162.—(1) A student‘s status as an eligible postgraduate student is retained in connection with a designated postgraduate course until the status is terminated in accordance with this regulation and regulation 159.

(2) The period for which an eligible postgraduate student retains the status is the “period of eligibility”.

(3) Subject to the following paragraphs and regulation 159, the period of eligibility terminates at the end of the period ordinarily required for the completion of the designated postgraduate course.

(4) The period of eligibility terminates when the eligible postgraduate student—

(a)withdraws from the designated postgraduate course in circumstances where the Secretary of State has not transferred or will not transfer the student's status as an eligible postgraduate student to another course under regulation 163; or

(b)abandons or is expelled from the designated postgraduate course.

(5) Where the eligible postgraduate student is undertaking a designated postgraduate course that is a part-time course, the period of eligibility terminates at the end of the relevant academic year where the student cannot complete the course within the period specified in regulation 161(1)(b)(ii).

(6) For the purposes of paragraph (5), “relevant academic year” means the academic year during or at the end of which it becomes impossible for the student to complete the course within the period specified in regulation 161(1)(b)(ii).

(7) The Secretary of State may terminate the period of eligibility where the eligible postgraduate student (“A”) has shown by A's conduct that A is unfitted to receive support.

(8) If the Secretary of State is satisfied that an eligible postgraduate student has failed to comply with any requirement to provide information under this Part or has provided information which is inaccurate in a material particular, the Secretary of State may take such of the following actions as the Secretary of State considers appropriate in the circumstances—

(a)terminate the period of eligibility;

(b)determine that the student no longer qualifies for a grant or any particular amount of grant;

(c)treat any support paid to the student as an overpayment which may be recovered under regulation 168.

(9) Where the period of eligibility terminates—

(a)before the end of the academic year in which the eligible postgraduate student completes the designated postgraduate course; and

(b)otherwise than under paragraph (5),

the Secretary of State may, at any time, renew or extend the period of eligibility for such period as the Secretary of State determines.

Transfer of statusE+W

163.—(1) Where an eligible postgraduate student transfers to another postgraduate course, the Secretary of State must transfer the student's status as an eligible postgraduate student to that course where—

(a)the Secretary of State receives a request from the eligible postgraduate student to do so;

(b)the Secretary of State is satisfied that one or more of the grounds for transfer in paragraph (2) applies; and

(c)the period of eligibility has not terminated.

(2) The grounds for transfer are—

(a)on the recommendation of the academic authority the eligible postgraduate student starts to undertake another designated postgraduate course at the institution; or

(b)the eligible postgraduate student starts to undertake a designated postgraduate course at another institution.

(3) Subject to paragraph (4), an eligible postgraduate student who transfers under paragraph (1) is entitled to receive in connection with the academic year of the course to which the student transfers the remainder of the support for which the Secretary of State has determined the student qualifies in respect of the academic year of the course from which the student transfers.

(4) The Secretary of State may re-assess the amount of support payable after the transfer.

(5) An eligible student who transfers under paragraph (1) after the Secretary of State has determined the student's support in connection with the academic year of the course from which the student is transferring but before the student completes that year may not apply for another grant under this Part in connection with the academic year of the course to which the student transfers.

Applications for supportE+W

164.—(1) A person (the “applicant”) must apply for a grant under this Part in connection with each academic year of a designated postgraduate course by completing and submitting to the Secretary of State an application in such form and accompanied by such documentation as the Secretary of State may require.

(2) The application must reach the Secretary of State as soon as is reasonably practicable.

(3) The Secretary of State may take such steps and make such inquiries as the Secretary of State considers necessary to determine whether the applicant is an eligible postgraduate student, whether the applicant qualifies for a grant and the amount of grant payable, if any.

(4) The Secretary of State must notify the applicant—

(a)whether the applicant qualifies for a grant;

(b)if the applicant does qualify, the amount payable in respect of the academic year, if any; and

(c)how that amount is allocated between the types of eligible expenditure.

InformationE+W

165.  Schedule 3 deals with the provision of information.

[F761Authority to pay grantE+W

165A.  The Secretary of State is authorised to pay a grant to an eligible postgraduate student (“A”) for the purpose of assisting with the additional expenditure which A is obliged to incur in connection with A’s attendance on or undertaking of a designated postgraduate course by reason of A’s disability.]

Textual Amendments

F761Reg. 165A inserted (with application in accordance with reg. 1(4)(b)(5) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(4)(a), 21

Amount of grantE+W

166.—(1) Subject to paragraph (2), the grant under this Part is such amount as the Secretary of State considers appropriate to assist with one or more types of eligible expenditure.

[F762(1A) Subject to paragraph (2), the amount of the grant under this Part for additional expenditure on a computer is an amount equal to the expenditure the student is obliged to incur less £200.]

(2) The grant must not exceed [F763£10,993] in respect of an academic year.

(3) For the purposes of this Part, the “types of eligible expenditure” are—

(a)expenditure on a non-medical helper;

(b)expenditure on major items of specialist equipment; and

(c)additional expenditure incurred—

(i)within the United Kingdom for the purpose of attending the institution;

(ii)within or outside the United Kingdom for the purpose of attending, as part of the course, any period of study at an overseas institution or for the purposes of attending the Institute.

[F764(4) Subject to paragraph (5), the grant under this Part is payable in respect of the four quarters of the academic year, except where the grant is used for expenditure on major items of specialist equipment as provided for in paragraph (3)(b).

(5) Where one of the events listed in regulation 160(2) occurs in the course of an academic year, a student may qualify for a grant under this Part in respect of such quarters as begin after the relevant event occurs, except where the grant is used for the type of expenditure specified in paragraph 3(b).]

Textual Amendments

F762Reg. 166(1A) inserted (with application in accordance with reg. 1(4)(b)(5) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(4)(a), 22

F763Sum in reg. 166(2) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F764Reg. 166(4)(5) inserted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(2)(a), 35

Payment of grantE+W

167.—(1) The Secretary of State may pay a grant for which a student qualifies under this Part in such instalments (if any) and at such times as the Secretary of State considers appropriate and in the exercise of the Secretary of State's functions under this Part the Secretary of State may make provisional payments pending the final calculation of the amount of grant for which the student qualifies.

(2) Payments are made in such manner as the Secretary of State considers appropriate and the Secretary of State may make it a condition of entitlement to payment that the eligible postgraduate student must provide the Secretary of State with particulars of a bank or building society account in the United Kingdom into which payments may be made by electronic transfer.

OverpaymentsE+W

168.—(1) [F765A] postgraduate student must, if so required by the Secretary of State, repay any amount paid to the student under this Part which for whatever reason exceeds the amount of grant to which the student is entitled under this Part.

(2) The Secretary of State must recover an overpayment of grant under this Part unless the Secretary of State considers it is not appropriate to do so.

(3) The methods of recovery are—

(a)subtracting the overpayment from any kind of grant [F766or loan] payable to the student from time to time pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act;

(b)taking such other action for the recovery of an overpayment as is available to the Secretary of State.

(4) A payment of grant under this Part made before the relevant date is an overpayment if the student withdraws from the course before the relevant date unless the Secretary of State decides otherwise.

(5) In this regulation, the “relevant date” is the date on which the first term of the academic year in question actually begins.

(6) In the circumstances in paragraphs (7) and (8), there is an overpayment of grant under this Part unless the Secretary of State decides otherwise.

(7) The circumstances are—

(a)the Secretary of State applies all or part of the grant under this Part to the purchase of specialist equipment on behalf of the F767... postgraduate student;

(b)the student's period of eligibility terminates after the relevant date; and

(c)the equipment has not been delivered to the student before the period of eligibility terminated.

(8) The circumstances are—

(a)the F768... postgraduate student's period of eligibility terminates; and

(b)a payment of grant under this Part in respect of specialist equipment is made to the student after the period of eligibility terminated.

(9) Where there is an overpayment of the grant under this Part, the Secretary of State may accept the return of specialist equipment purchased with the grant by way of recovery of all or part of the overpayment if the Secretary of State considers it is appropriate to do so.

Textual Amendments

Mark Prisk

Minister of State for Business and Enterprise

Department for Business, Innovation and Skills

Regulations 4, 120, 137 and 159

SCHEDULE 1E+WELIGIBLE STUDENTS

PART 1E+WInterpretation

1.—(1) For the purposes of this Schedule—E+W

“EEA frontier self-employed person” means an EEA national who—

(a)

is a self-employed person in England; and

(b)

resides in Switzerland or the territory of an EEA State other than the United Kingdom and returns to the national's residence in Switzerland or that EEA State, as the case may be, daily or at least once a week;

“EEA frontier worker” means an EEA national who—

(a)

is a worker in England; and

(b)

resides in Switzerland or the territory of an EEA State other than the United Kingdom and returns to the national's residence in Switzerland or that EEA State, as the case may be, daily or at least once a week;

“EEA migrant worker” means an EEA national who is a worker, other than an EEA frontier worker, in the United Kingdom;

“EEA national” means a national of an EEA State other than the United Kingdom;

“EEA self-employed person” means an EEA national who is a self-employed person, other than an EEA frontier self-employed person, in the United Kingdom;

“employed person” means an employed person within the meaning of Annex 1 to the Swiss Agreement;

“European Economic Area” means the area comprised by the EEA States; unless otherwise indicated, “family member” means—

(a)

in relation to an EEA frontier worker, an EEA migrant worker, an EEA frontier self-employed person or an EEA self-employed person—

(i)

that person's spouse or civil partner;

(ii)

direct descendants of the person or of the person's spouse or civil partner who are—

(aa)

under the age of 21, or

(bb)

dependents of the person or the person's spouse or civil partner; or

(iii)

dependent direct relatives in the ascending line of that person or that of the person's spouse or civil partner;

(b)

in relation to a Swiss employed person, a Swiss frontier employed person, a Swiss frontier self-employed person or a Swiss self-employed person—

(i)

that person's spouse or civil partner; or

(ii)

that person's child or the child of that person's spouse or civil partner;

(c)

in relation to an EU national who falls within article 7(1)(c) of Directive 2004/38—

(i)

that person's spouse or civil partner; or

(ii)

direct descendants of the person or of the person's spouse or civil partner who are—

(aa)

under the age of 21; or

(bb)

dependants of the person or the person's spouse or civil partner;

(d)

in relation to an EU national who falls within article 7(1)(b) of Directive 2004/38—

(i)

that person's spouse or civil partner;

(ii)

direct descendants of the person or of the person's spouse or civil partner who are—

(aa)

under the age of 21; or

(bb)

dependants of the person or the person's spouse or civil partner; or

(iii)

dependent direct relatives in the person's ascending line or that of the person's spouse or civil partner;

(e)

in relation to a United Kingdom national, for the purposes of paragraph 9—

(i)

the person's spouse or civil partner; or

(ii)

direct descendants of the person or the person's spouse or civil partner who are—

(aa)

under the age of 21; or

(bb)

dependants of the person or the person's spouse or civil partner;

“self-employed person” means—

(a)

in relation to an EEA national, a person who is self-employed within the meaning of article 7 of Directive 2004/38 or the EEA Agreement, as the case may be; or

(b)

in relation to a Swiss national, a person who is a self-employed person within the meaning of Annex 1 to the Swiss Agreement;

“settled” has the meaning given by section 33(2A) of the Immigration Act 1971 M60;

“Swiss Agreement” means the Agreement between the EU and its Member States, of the one part, and the Swiss Confederation, of the other, on the Free Movement of Persons signed at Luxembourg on 21st June 1999 M61 and which came into force on 1st June 2002;

“Swiss employed person” means a Swiss national who is an employed person, other than a Swiss frontier employed person, in the United Kingdom;

“Swiss frontier employed person” means a Swiss national who—

(a)

is an employed person in England; and

(b)

resides in Switzerland or in the territory of an EEA State other than the United Kingdom and returns to the national's residence in Switzerland or that EEA State, as the case may be, daily or at least once a week;

“Swiss frontier self-employed person” means a Swiss national who—

(a)

is a self-employed person in England; and

(b)

resides in Switzerland or in the territory of an EEA State, other than the United Kingdom, and returns to the national's residence in Switzerland or that EEA State, as the case may be, daily or at least once a week;

“Swiss self-employed person” means a Swiss national who is a self-employed person, other than a Swiss frontier self-employed person, in the United Kingdom

“worker” means a worker within the meaning of article 7 of Directive 2004/38 or the EEA Agreement as the case may be.

(2) For the purposes of this Schedule, “parent” [F769means a parent, guardian or] any other person having parental responsibility and “child” is to be construed accordingly.

[F770(2A) For the purposes of this Schedule, a person is not to be treated as ordinarily resident in a place unless that person lawfully resides in that place.]

(3) For the purposes of this Schedule, a person who is ordinarily resident in England, Wales, Scotland, Northern Ireland or the Islands, as a result of having moved from another of those areas for the purpose of undertaking—

(a)the current course; or

(b)a course which, disregarding any intervening vacation, the person undertook immediately before undertaking the current course,

is to be considered to be ordinarily resident in the place from which the person moved.

(4) For the purposes of this Schedule, a person (“A”) is to be treated as ordinarily resident in England, the United Kingdom and Islands, the territory comprising the European Economic Area and Switzerland or the territory comprising the European Economic Area, Switzerland and Turkey if A would have been so resident but for the fact that—

(a)A;

(b)A's spouse or civil partner;

(c)A's parent; or

(d)in the case of a dependent direct relative in the ascending line, A's child or child's spouse or civil partner,

is or was temporarily employed outside the area in question.

(5) For the purposes of sub-paragraph (4), temporary employment outside of England, the United Kingdom and Islands, the territory comprising the European Economic Area and Switzerland or the territory comprising the European Economic Area, Switzerland and Turkey includes—

(a)in the case of members of the regular naval, military or air forces of the Crown, any period which they serve outside the United Kingdom as members of such forces; and

(b)in the case of members of the regular armed forces of an EEA State or Switzerland, any period which they serve outside of the territory comprising the European Economic Area and Switzerland as members of such forces; and

(c)in the case of members of the regular armed forces of Turkey, any period which they serve outside of the territory comprising the European Economic Area, Switzerland and Turkey as members of such forces.

(6) For the purposes of this Schedule an area which —

(a)was previously not part of the EU or the European Economic Area; but

(b)at any time before or after these Regulations come into force has become part of one or other or both of these areas,

is to be considered to have always been a part of the European Economic Area.

(7) For the purposes of this Schedule, an eligible prisoner is to be considered ordinarily resident in the part of the United Kingdom where the prisoner resided prior to sentencing.

Textual Amendments

Marginal Citations

M601971 c. 77; section 33(2A) was inserted by paragraph 7 of Schedule 4 to the British Nationality Act 1981 (c.61).

M61Cm. 4904.

PART 2E+WCategories

[F771Persons who are settled in the United KingdomE+W

2.—(1) A person—

(a)who on the first day of the first academic year of the course—

(i)is settled in the United Kingdom other than by reason of having acquired the right of permanent residence;

(ii)is ordinarily resident in England;

(iii)has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course; and

(b)subject to sub-paragraph (2), whose residence in the United Kingdom and Islands has not during any part of the period referred to in sub-paragraph (a)(iii) been wholly or mainly for the purpose of receiving full-time education.

(2) Paragraph (b) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the United Kingdom and Islands in accordance with paragraph 1(4).]

Textual Amendments

3.—(1) A person who—E+W

(a)is settled in the United Kingdom by virtue of having acquired the right of permanent residence;

(b)is ordinarily resident in England on the first day of the first academic year of the course;

(c)has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course; and

(d)in a case where the person's ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (c).

Refugees and their family membersE+W

4.—(1) A person who—

(a)is a refugee;

(b)is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since the person was recognised as a refugee; and

(c)is ordinarily resident in England on the first day of the first academic year of the course.

(2) A person who—

(a)is the spouse or civil partner of a refugee;

(b)was the spouse or civil partner of the refugee on the date on which the refugee made the application for asylum;

(c)is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and

(d)is ordinarily resident in England on the first day of the first academic year of the course.

(3) A person who—

(a)is the child of a refugee or the child of the spouse or civil partner of a refugee;

(b)on the date on which the refugee made the application for asylum, was the child of the refugee or the child of a person who was the spouse or civil partner of the refugee on that date;

(c)was under 18 on the date on which the refugee made the application for asylum;

(d)is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and

(e)is ordinarily resident in England on the first day of the first academic year of the course.

[F772Persons granted stateless leave and their family membersE+W

4A.—(1) A person granted stateless leave who—

(a)is ordinarily resident in England on the first day of the first academic year of the course; and

(b)has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course.

(2) A person—

(a)who—

(i)is the spouse or civil partner of a person granted stateless leave; and

(ii)on the leave application date, was the spouse or civil partner of a person granted stateless leave;

(b)who is ordinarily resident in England on the first day of the first academic year of the course; and

(c)who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course.

(3) A person—

(a)who—

(i)is the child of a person granted stateless leave or the child of the spouse or civil partner of a person granted stateless leave; and

(ii)on the leave application date, was the child of a person granted stateless leave or the child of a person who, on the leave application date, was the spouse or civil partner of a person granted stateless leave;

(b)who was under 18 on the leave application date;

(c)who is ordinarily resident in England on the first day of the first academic year of the course; and

(d)who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course.

(4) In this paragraph, “leave application date” means the date on which a person granted stateless leave made an application to remain in the United Kingdom as a stateless person under the immigration rules (within the meaning given in section 33(1) of the Immigration Act 1971).]

Textual Amendments

F772Sch. 1 para. 4A inserted (with application in accordance with reg. 1(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 7(9)

Persons granted humanitarian protection and their family membersE+W

5.—(1) A person granted humanitarian protection who—

(a)is ordinarily resident in [F773England] on the first day of the first academic year of the course; and

(b)has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course.

(2) A person who—

(a)is the spouse or civil partner of a person granted humanitarian protection;

(b)was the spouse or civil partner of the person granted humanitarian protection on the date on which that person applied for asylum (the “asylum application date”);

(c)is ordinarily resident in [F774England] on the first day of the first academic year of the course; and

(d)has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course.

(3) A person who—

(a)is the child of a person granted humanitarian protection or the child of the spouse or civil partner of a person granted humanitarian protection;

(b)on the asylum application date, was the child of that person or the child of a person who was the spouse or civil partner of the person granted humanitarian protection on that date;

(c)was under 18 on the asylum application date;

(d)is ordinarily resident in [F775England] on the first day of the first academic year of the course; and

(e)has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course.

Textual Amendments

Workers, employed persons, self-employed persons and their family membersE+W

6.—(1) A person who—

(a)is—

(i)an EEA migrant worker or an EEA self-employed person;

(ii)a Swiss employed person or a Swiss self-employed person;

(iii)a family member of a person mentioned in paragraph (i) or (ii);

(iv)an EEA frontier worker or an EEA frontier self-employed person;

(v)a Swiss frontier employed person or a Swiss frontier self-employed person; or

(vi)a family member of a person mentioned in paragraph (iv) or (v);

(b)subject to sub-paragraph (2), is ordinarily resident in England on the first day of the first academic year of the course; and

(c)has been ordinarily resident in the territory comprising the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course.

(2) Paragraph (b) of sub-paragraph (1) does not apply where the person applying for support falls within paragraph (a)(iv), (v) or (vi) of sub-paragraph (1).

7.  A person who—E+W

(a)is ordinarily resident in England on the first day of the first academic year of the course;

(b)has been ordinarily resident in the territory comprising the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and

(c)is entitled to support by virtue of Article 12 of Council Regulation (EEC) No. 1612/68 on the freedom of movement of workers M62, as extended by the EEA Agreement.

Marginal Citations

M62OJ No L257, 19.10.1968, p2 (OJ/SE 1968 (II) p475).

Persons who are settled in the United Kingdom and have exercised a right of residence elsewhereE+W

8.—(1) A person who—

(a)is settled in the United Kingdom;

(b)was ordinarily resident in England and settled in the United Kingdom immediately before leaving the United Kingdom and who has exercised a right of residence;

(c)is ordinarily resident in the United Kingdom on the day on which the first term of the first academic year actually begins;

(d)has been ordinarily resident in the territory comprising the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and

(e)in a case where the person's ordinary residence referred to in paragraph (d) was wholly or mainly for the purposes of receiving full-time education, was ordinarily resident in the territory comprising the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (d).

(2) For the purposes of this paragraph, a person has exercised a right of residence if that person is a United Kingdom national, a family member of a United Kingdom national for the purposes of Article 7 of Directive 2004/38 (or corresponding purposes under the EEA Agreement or Swiss Agreement) or a person who has a right of permanent residence who in each case has exercised a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA Agreement or Swiss Agreement in a state other than the United Kingdom or, in the case of a person who is settled in the United Kingdom and has a right of permanent residence, if the person goes to the state within the territory comprising the European Economic Area and Switzerland of which the person is a national or of which the person in relation to whom the person is a family member is a national.

EU nationalsE+W

9.—(1) A person who—

(a)is either—

(i)an EU national on the first day of the first academic year of the course; or

(ii)a family member of a such a person;

(b)is—

(i)attending or undertaking a designated course F776... in England; or

(ii)undertaking a compressed degree course, designated part-time course or a designated postgraduate course in England;

(c)has been ordinarily resident in the territory comprising the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and

(d)subject to sub-paragraph (2), whose ordinary residence in the territory comprising the European Economic Area and Switzerland has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.

(2) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the European Economic Area and Switzerland in accordance with paragraph 1(4).

(3) Where a state accedes to the EU after the first day of the first academic year of the course and a person is a national of that state or the family member of a national of that state, the requirement in paragraph (a) of sub-paragraph (1) to be an EU national on the first day of the first academic year of the course is treated as being satisfied.

Textual Amendments

F776Words in Sch. 1 para. 9(1)(b)(i) omitted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 6(10)

10.—(1) A person who—E+W

(a)is an EU national other than a United Kingdom national on the first day of the first academic year of the course;

(b)is ordinarily resident in England on the first day of the first academic year of the course;

(c)has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the first academic year of the course; and

(d)in a case where the person's ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the European Economic Area and Switzerland immediately prior to the period of ordinary residence referred to in paragraph (c).

(2) Where a state accedes to the EU after the first day of the first academic year of the course and a person is a national of that state, the requirement in paragraph (a) of sub-paragraph (1) to be an [F777EU national] other than a United Kingdom national on the first day of the first academic year of the course is treated as being satisfied.

Textual Amendments

[F77810A.—(1) A person who—E+W

(a)is an EU national other than a United Kingdom national on the first day of the first academic year of the course;

(b)is ordinarily resident in England on the first day of the first academic year of the course;

(c)has been ordinarily resident in the United Kingdom and Islands throughout the five-year period immediately preceding the first day of the first academic year of the course; and

(d)in a case where the person’s ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the European Economic Area and Switzerland immediately prior to the period of ordinary residence referred to in paragraph (c).

(2) Where a state accedes to the EU after the first day of the first academic year of the course and a person is a national of that state, the requirement in paragraph (a) of sub-paragraph (1) to be an EU national other than a United Kingdom national on the first day of the first academic year of the course is treated as being satisfied.]

Textual Amendments

F778Sch. 1 para. 10A inserted (with application in accordance with reg. 1(3)(4) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2016 (S.I. 2016/270), regs. 1(1), 6

Children of Swiss nationalsE+W

11.  A person who—

(a)is the child of a Swiss national who is entitled to support in the United Kingdom by virtue of article 3(6) of Annex 1 to the Swiss Agreement;

(b)is ordinarily resident in England on the first day of the first academic year of the course;

(c)has been ordinarily resident in the territory comprising the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and

(d)in a case where the person's ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (c).

Children of Turkish workersE+W

12.  A person who—

(a)is the child of a Turkish worker;

(b)is ordinarily resident in England on the first day of the first academic year of the course; and

(c)has been ordinarily resident in the territory comprising the European Economic Area, Switzerland and Turkey throughout the three-year period preceding the first day of the first academic year of the course.

[F779Long ResidenceE+W

13.—(1) A person—

(a)who on the first day of the first academic year of the course either—

(i)is under the age of 18 and has lived in the United Kingdom throughout the seven-year period preceding the first day of the first academic year of the course; or

(ii)is aged 18 or above and, preceding the first day of the first academic year of the course, has lived in the United Kingdom throughout either—

(aa)half their life; or

(bb)a period of twenty years;

(b)who is ordinarily resident in England;

(c)who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course; and

(d)subject to sub-paragraph (2), whose residence in the United Kingdom and Islands has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.

(2) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the United Kingdom and Islands in accordance with paragraph 1(4).]

Textual Amendments

Regulations 5, 122 and 139

SCHEDULE 2E+WDESIGNATED COURSES

1.  A first degree course.E+W

2.  A course for the Diploma of Higher Education.E+W

3.  A course for the Higher National Diploma or Higher National Certificate of—E+W

(a)the Business & Technician Education Council; or

(b)the Scottish Qualifications Authority.

4.  A course for the Certificate of Higher Education.E+W

5.  A course for the initial training of teachers.E+W

F7806.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

7.  A course in preparation for a professional examination of a standard higher than that of—E+W

(a)examination at advanced level for the General Certificate of Education or the examination at higher level for the Scottish Certificate of Education; or

(b)the examination for the National Certificate or the National Diploma of either of the bodies mentioned in paragraph 3,

not being a course for entry to which a first degree (or equivalent qualification) is normally required.

8.  A course—E+W

(a)providing education (whether or not in preparation for an examination) the standard of which is higher than that of courses providing education in preparation for any of the examinations mentioned in paragraph 7(a) or (b) but not higher than that of a first degree course; and

(b)for entry to which a first degree (or equivalent qualification) is not normally required.

F7819.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Regulations 10, 130, 150 and 165

SCHEDULE 3E+WINFORMATION

1.  Every applicant, eligible student, eligible part-time student and eligible postgraduate student must, as soon as reasonably practicable after being requested to do so, provide the Secretary of State with such information as the Secretary of State considers the Secretary of State requires for the purposes of these Regulations.E+W

2.  Every applicant, eligible student, eligible part-time student and eligible postgraduate student must forthwith inform the Secretary of State and provide the Secretary of State with particulars if any of the following occurs—E+W

(a)the applicant or student withdraws from, abandons or is expelled from their course;

(b)the applicant or student transfers to any other course at the same or at a different institution;

(c)the applicant or student ceases to undertake the course and does not intend to or is not permitted to continue it for the remainder of the academic year;

(d)the applicant or student is absent from the course for more than 60 days due to illness or for any period for any other reason;

(e)the month for the start or completion of the course changes;

(f)the applicant or student's home or term-time address or telephone number changes.

3.  Information provided to the Secretary of State pursuant to these Regulations must be in the format that the Secretary of State requires and, if the Secretary of State requires the information to be signed by the person providing it, an electronic signature in such form as the Secretary of State may specify satisfies such a requirement.E+W

Regulation 99

SCHEDULE 4E+WFINANCIAL ASSESSMENT

DefinitionsE+W

1.—(1) In this Schedule:—

(a)“existing student” means an eligible student who is not a new eligible student;

(b)“financial year” means the period of twelve months in respect of which the income of a person whose residual income is calculated under the provisions of this Schedule is computed for the purposes of the income tax legislation which applies to it;

(c)“household income” has the meaning given in paragraph 3;

(d)“independent eligible student” has the meaning given in paragraph 2;

(e)“Member State” means a Member State of the EU;

(f)“new eligible student” means an eligible student who begins a specified designated course on or after 1st September 2004;

(g)“parent” means a natural or adoptive parent and “child”, “mother” and “father” are to be construed accordingly;

(h)“parent student” means an eligible student who is the parent of an eligible student;

(i)“partner” in relation to an eligible student means any of the following—

(i)the spouse of an eligible student;

(ii)the civil partner of an eligible student;

(iii)a person ordinarily living with an eligible student as if the person were the student's spouse where an eligible student falls within paragraph 2(1)(a) and the student begins the specified designated course on or after 1st September 2000;

(iv)a person ordinarily living with an eligible student as if that person were the student's civil partner where an eligible student falls within paragraph 2(1)(a) and the student begins the specified designated course on or after 1st September 2005;

(j)“partner” in relation to the parent of an eligible student means any of the following other than another parent of the eligible student—

(i)the spouse of an eligible student's parent;

(ii)the civil partner of an eligible student's parent;

(iii)a person ordinarily living with the parent of an eligible student as if the person were the parent's spouse;

(iv)a person ordinarily living with the parent of an eligible student as if the person were the parent's civil partner;

(k)“preceding financial year” means the financial year immediately preceding the relevant year;

(l)“prior financial year” means the financial year immediately preceding the preceding financial year;

(m)“relevant year” means the academic year of the course in respect of which the household income falls to be assessed;

(n)“residual income” means taxable income after the application of paragraph 4 (in the case of an eligible student), paragraph 5 (in the case of an eligible student's parent), paragraph 6 (in the case of an eligible student's partner) or paragraph 7 (in the case of the partner of a new eligible student's parent) and income referred to in sub-paragraph (2) received net of income tax;

(o)[F782“taxable income” means, in relation to paragraph 4, in respect of the academic year for which an application has been made under regulation 9 and, in relation to paragraph 5, in respect (subject to sub-paragraphs (3), (4) and (5) of paragraph 5) of the prior financial year—

(i)the total income on which a person (“A”) is charged to income tax as determined at Step 1 of the calculation in section 23 of the Income Tax Act 2007, together with any payments and other benefits mentioned in section 401(1) of the Income Tax (Earnings and Pensions) Act 2003 (ignoring section 401(2) of that Act), received or treated as received by A, to the extent that they are not a component of the total income on which A is charged to income tax;

(ii)A’s total income from all sources as determined for the purposes of the income tax legislation of another Member State which applies to A’s income; or

(iii)where the legislation of more than one Member State applies to the period, A’s total income from all sources as determined for the purposes of the income tax legislation under which the Secretary of State considers that A’s total income in that period is greatest (except as otherwise provided in paragraph 5),

except than no account is taken of income referred to in sub-paragraph (2) paid to another party].

(2) The income referred to in this sub-paragraph is any benefits under a pension arrangement pursuant to an order made under section 23 of the Matrimonial Causes Act 1973 M63 which includes provision made by virtue of sections 25B(4) and 25E(3) of that Act or pension benefits under Part 1 of Schedule 5 to the Civil Partnership Act 2004 M64 which includes provision made by virtue of Parts 6 and 7 of that Schedule.

Textual Amendments

Marginal Citations

M631973 c.18; section 23 was amended by the Administration of Justice Act 1982 (c.53), section 18. Section 25B was inserted by the Pensions Act 1995(c.26), section 166(1) and was amended by the Welfare Reform and Pensions Act 1999 (c.30), Schedule 4, Section 25E was inserted by the Pensions Act 2004(c.35), section 319(1), Schedule 12, paragraph 3.

M642004 c.33; paragraph 25 of Schedule 5 was modified by S.I.2006/1934,

Independent eligible studentE+W

2.—(1) An independent eligible student is an eligible student where—

(a)the student is aged 25 or over on the first day of the relevant year;

(b)the student is married or is in a civil partnership before the beginning of the relevant year, whether or not the marriage or civil partnership is still subsisting;

(c)the student has no parent living;

(d)the Secretary of State is satisfied that neither of the student's parents can be found or that it is not reasonably practicable to get in touch with either of them;

(e)the student has communicated with neither of the student's parents for the period of one year before the beginning of the relevant year or, in the opinion of the Secretary of State, the student can demonstrate on other grounds that the student is irreconcilably estranged from the student's parents;

(f)the student was looked after by a local authority (within the meaning of section 22 of the Children Act 1989 M65) [F783or, as the case may be, section 74 of the Social Services and Well-being (Wales) Act 2014] throughout any three-month period ending on or after the date on which the student reached the age of 16 and before the first day of the first academic year of the course (“the relevant period”) provided that the student has not in fact at any time during the relevant period been under the charge or control of the student's parents;

(g)the student's parents are residing outside the EU and the Secretary of State is satisfied that either—

(i)the assessment of the household income by reference to their residual income would place those parents in jeopardy; or

(ii)it would not be reasonably practicable for those parents as a result of the calculation of any contribution under paragraph 8 or 9 to send any relevant funds to the United Kingdom;

(h)paragraph 5(9) applies and the parent whom the Secretary of State considered the more appropriate for the purposes of that paragraph has died (irrespective of whether the parent in question had a partner);

(i)in the case of a student who began the current course before 1st September 2009, the student is a member of a religious order who resides in a house of that order;

(j)as at the first day of the relevant year, the student has the care of a person under the age of 18; or

(k)the student (“A”) has supported A out of A's earnings for any period or periods ending before the first academic year of the course which periods together aggregate not less than three years, and for the purposes of this sub-paragraph A is to be treated as supporting A out of A's earnings during any period in which—

(i)A was participating in arrangements for training for the unemployed under any scheme operated by, sponsored or funded by any state authority or agency, whether national, regional or local (“a relevant authority”);

(ii)A was in receipt of benefit payable by any relevant authority in respect of a person who is available for employment but who is unemployed;

(iii)A was available for employment and had complied with any requirement of registration imposed by a relevant authority as a condition of entitlement for participation in arrangements for training or receipt of benefit;

(iv)A held a state studentship or comparable award; or

(v)A received any pension, allowance or other benefit paid by any person by reason of a disability to which A is subject, or by reason of confinement, injury or sickness.

(2) An eligible student who qualifies as an independent eligible student under sub-paragraph (1)(j) in respect of an academic year of a designated course retains that status for the duration of the period of eligibility.

Textual Amendments

Marginal Citations

Household incomeE+W

3.—(1) The amount of an eligible student's contribution depends on the household income.

(2) The household income is—

(a)in the case of an eligible student who is not an independent eligible student, the residual income of the eligible student aggregated with the residual income of the eligible student's parents (subject to [F784paragraph 5(10)]) and—

(i)in the case of a new eligible student who began the specified designated course before 1st September 2005, the residual income of the partner (other than a partner within the meaning of paragraph 1(j)(iv)) of the student's parent (provided that the Secretary of State has selected that parent under [F784paragraph 5(10)]; or

(ii)in the case of a new eligible student who began the specified designated course on or after 1st September 2005, the residual income of the partner of the student's parent (provided that the Secretary of State has selected that parent under [F784paragraph 5(10)]);

(b)in the case of an independent eligible student who has a partner, the residual income of the eligible student aggregated with the residual income of the eligible student's partner (subject to sub-paragraph (4)); or

(c)in the case of an independent eligible student who does not have a partner, the residual income of the eligible student.

(3) In determining the household income under sub-paragraph (2), there is deducted the sum of £1,130—

(a)for each child wholly or mainly financially dependent on the eligible student or the eligible student's partner; or

(b)for each child other than the eligible student wholly or mainly financially dependent on the eligible student's parent or the eligible student's parent's partner whose residual income is being taken into account.

(4) For the purpose of calculating the contribution payable in respect of a parent student, the residual income of the parent student's partner must not be aggregated under paragraph (b) of sub-paragraph (2) in the case of a parent student whose child or whose partner's child holds an award in respect of which the household income is calculated with reference to the residual income of the parent student or of the parent student's partner or of both.

Textual Amendments

Calculation of eligible student's residual incomeE+W

4.—(1) For the purpose of determining the residual income of an eligible student, there is deducted from the student's taxable income (unless already deducted in determining taxable income) the aggregate of any amounts falling within any of the following sub-paragraphs—

(a)any remuneration for work done during any academic year of the eligible student's course, provided that such remuneration does not include any sums paid in respect of any period for which the student has leave of absence or is relieved of the student's normal duties for the purpose of attending that course;

(b)the gross amount of any premium or other sum paid by the eligible student in relation to a pension (not being a pension payable under a policy of life insurance) in respect of which relief is given F785... under section 188 of the Finance Act 2004 M66, or where the eligible student's income is computed for the purposes of the income tax legislation of another Member State, the gross amount of any such premium or sum in respect of which relief would be given if that legislation made provision equivalent to the Income Tax Acts;

(2) Where the only paragraph in Part 2 of Schedule 1 into which an eligible student falls is paragraph 9 and the student's income arises from sources or under legislation different from sources or legislation normally relevant to a person referred to in paragraph 9 of Schedule 1, the student's income is not disregarded in accordance with sub-paragraph (1) but is instead disregarded to the extent necessary to ensure that the student is treated no less favourably than a person who is referred to in any paragraph of Part 2 of Schedule 1 would be treated if in similar circumstances and in receipt of similar income.

(3) Where the eligible student receives income in a currency other than sterling, the value of that income for the purpose of this paragraph is—

(a)if the student purchases sterling with the income, the amount of sterling the student so receives;

[F786(b)otherwise the value of the sterling which the income would purchase using the average rate published by Her Majesty’s Revenue and Customs for the calendar year which ends before the start of the relevant year.]

Textual Amendments

Marginal Citations

M662004 c.12; section 188 was amended by the Finance Act 2007 (c.11), sections 68, 69 and 114 and Schedules 18, 19 and 27.

Calculation of parent's residual incomeE+W

5.—F787(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) [F788For the purposes of determining the residual income of an eligible student’s parent (“A” in this paragraph) there is deducted from the taxable income of A the aggregate of any amounts falling within any of the following sub-paragraphs (unless already deducted in determining a person’s taxable income)]—

(a)the gross amount of any premium or sum relating to a pension (not being a premium payable under a policy of life assurance) in respect of which relief is given F789... under section 188 of the Finance Act 2004, or where the income is computed for the purposes of the income tax legislation of another Member State, the gross amount of any such premium in respect of which relief would be given if that legislation made provision equivalent to the Income Tax Acts;

(b)in any case where income is computed for the purposes of the Income Tax Acts by virtue of sub-paragraph (7) any sums equivalent to the deduction mentioned in paragraph (a) of this sub-paragraph, provided that any sums so deducted do not exceed the deductions which would be made if the whole of A's income were in fact income for the purposes of the Income Tax Acts;

(c)where A is a parent student or A holds a statutory award, £1,130.

(3) Where the Secretary of State is satisfied that the residual income of A in the financial year beginning immediately before the relevant year (“the current financial year”) is likely to be not more than 85 per cent. of the sterling value of A's residual income in the prior financial year the Secretary of State may, for the purpose of enabling the eligible student to attend the course without hardship, ascertain A's residual income for the current financial year.

(4) In the event that sub-paragraph (3) or this paragraph was applied in the previous academic year of the current course and the Secretary of State is satisfied that the residual income of A in the financial year beginning immediately before the relevant year (“the current financial year”) is likely to be not more than 85 per cent. of the sterling value of A's residual income in the previous financial year the Secretary of State may, for the purpose of enabling the eligible student to attend the course without hardship, ascertain A's residual income for the current financial year.

(5) In an academic year immediately following one in which the Secretary of State has ascertained A's residual income for the current financial year under sub-paragraph (3) and, where applicable under sub-paragraph (4) the Secretary of State must ascertain A's residual income in the preceding financial year.

(6) Where A satisfies the Secretary of State that A's income is wholly or mainly derived from the profits of a business or profession carried on by A, then any reference in this Schedule to a prior financial year means the earliest period of twelve months which ends after the start of the prior financial year and in respect of which accounts are kept relating to that business or profession.

(7) Where A is in receipt of any income which does not form part of A's income for the purposes of the Income Tax Acts or the income tax legislation of another Member State by reason only that—

(a)A is not resident F790... or domiciled in the United Kingdom, or where A's income is computed as for the purposes of the income tax legislation of another Member State, not so resident F790... or domiciled in that Member State;

(b)the income does not arise in the United Kingdom, or where A's income is computed as for the purposes of the income tax legislation of another Member State, does not arise in that Member State; or

(c)the income arises from an office, service or employment, income from which is exempt from tax in pursuance of any legislation,

A's taxable income for the purposes of this Schedule is computed as though the income under this sub-paragraph were part of A's income for the purposes of the Income Tax Acts or the income tax legislation of another Member State, as the case may be.

[F791(8) Where A’s income is computed as for the purposes of the income tax legislation of another Member State, it is computed under the provisions of this Schedule in the currency of that Member State and A’s income for the purposes of this Schedule is the sterling value of that income determined in accordance with the average rate published by Her Majesty’s Revenue and Customs for the calendar year which ends before the end of the prior financial year.]

(9) Where one of the eligible student's parents dies either before or during the relevant year and that parent's income has been or would be taken into account for the purpose of determining the household income, the household income is—

(a)where the parent dies before the relevant year, determined by reference to the income of the surviving parent; or

(b)where the parent dies during the relevant year, the aggregate of—

(i)the appropriate proportion of the household income determined by reference to the income of both parents, being the proportion in respect of that part of the relevant year during which both parents were alive; and

(ii)the appropriate proportion of the household income determined by reference to the income of the surviving parent, being the proportion in respect of that part of the relevant year remaining after the death of the other parent.

(10) Where the Secretary of State determines that the parents are separated for the duration of the relevant year, the household income is determined by reference to the income of whichever parent the Secretary of State considers the more appropriate under the circumstances.

(11) Where the Secretary of State determines that the parents have separated in the course of the relevant year, the household income is determined by reference to the aggregate of—

(a)the appropriate proportion of the household income determined in accordance with sub-paragraph (10), being the proportion in respect of that part of the relevant year during which the parents are separated; and

(b)the appropriate proportion of the household income determined otherwise in respect of the remainder of the relevant year.

Textual Amendments

Calculation of eligible student's partner's residual incomeE+W

6.—(1) Subject to sub-paragraphs (2), (3) and (4) of this paragraph, an eligible student's partner's income is determined in accordance with paragraph 5 (other than sub-paragraphs (8), (9) and (10) of paragraph 5), references to the parent being construed as references to the eligible student's partner.

(2) Where the Secretary of State determines that the eligible student and the student's partner are separated for the duration of the relevant year, the partner's income is not taken into account in determining the household income.

(3) Where the Secretary of State determines that the eligible student and the student's partner have separated in the course of the relevant year, the partner's income is determined by reference to the partner's income under sub-paragraph (1) divided by fifty-two and multiplied by the number of complete weeks in the relevant year for which the Secretary of State determines that the eligible student and the student's partner are not separated.

(4) Where an eligible student has more than one partner in any one academic year, the provisions of this paragraph apply in relation to each.

Calculation of parent's partner's residual incomeE+W

7.  The income of a new eligible student's parent's partner whose income is part of the household income by virtue of paragraph 3(2)(a) is determined in accordance with paragraph 6, references to the eligible student's partner being construed as references to the new eligible student's parent's partner, and references to the eligible student being construed as references to the new eligible student's parent.

Calculation of contribution – old system studentsE+W

8.—(1) The contribution payable in relation to an old system student who is not an independent eligible student or is an independent eligible student with a partner is—

(a)in any case where the household income is £23,660 or more, £45 with the addition of £1 for every complete £9.27 by which the household income exceeds £23,660; and

(b)in any case where the household income is less than £23,660, nil.

(2) The contribution payable in relation to an old system student who is an independent eligible student without a partner is—

(a)in any case where the household income is £11,020 or more, £45 with the addition of £1 for every complete £9.27 by which the household income exceeds £11,020; and

(b)in any case where the household income is less than £11,020, nil.

(3) The amount of the contribution payable under sub-paragraph (1) or (2) must in no case exceed £7,998.

(4) The contribution may be adjusted in accordance with paragraph 10.

(5) Where sub-paragraph (6) applies, the aggregate contributions must not exceed £7,998.

(6) This sub-paragraph applies where—

(a)a contribution is payable in relation to two or more eligible students (other than current system students) in respect of the same income under paragraph 5 or, where the relevant parent's partner's residual income is taken into account, under paragraphs 5 and 7; or

(b)the household income consists of the residual income of an independent eligible student and the student's partner where both hold a statutory award.

Calculation of contribution – current system studentsE+W

9.—(1) In relation to an eligible student who is a current system student, the contribution payable is—

(a)in any case where the household income exceeds £39,796, £1 for every complete [F792£8.73] by which the household income exceeds £39,796; and

(b)in any case where the household income is £39,796 or less, nil.

[F793(1A) In relation to a 2008, 2009 or 2012 cohort student, the contribution calculated at paragraph 9(1) of this Schedule is added to the reduction in entitlement calculated for the loan for living costs in accordance with Chapter 2 of Part 6, for the purposes of paragraph 9(2) and (3) of this Schedule.

(1B) In relation to a 2016 cohort student, the contribution calculated at paragraph 9(1) of this Schedule is added to the contribution calculated for the loan for living costs at paragraph 9A for the purposes of paragraph 9(2) and (3) of this Schedule.]

(2) The contribution must not in any case exceed £6,210.

(3) The contribution may be adjusted in accordance with paragraph 10.

(4) Where sub-paragraph (5) applies, the aggregate contributions must not exceed £6,210.

(5) This sub-paragraph applies where—

(a)a contribution is payable in relation to two or more eligible students (other than old system students) in respect of the same income under paragraph 5 or, where the relevant parent's partner's residual income is taken into account, under paragraphs 5 and 7; or

(b)the household income consists of the residual income of an independent eligible student and the student's partner where both hold a statutory award.

Textual Amendments

F792Sum in Sch. 4 para. 9(1)(a) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), reg. 1(3), Sch. 2

F793Sch. 4 para. 9(1A)(1B) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 56(b)

[F794Calculation of contribution for loans for living costs – 2016 cohort studentsE+W

9A.—(1) In relation to a 2016 cohort student who satisfies all the conditions in regulation 71(1)(g) or 71(1)(h), there is a contribution payable for the loan for living costs.

(2) In relation to a 2016 cohort student who satisfies all the conditions in regulation 71(1)(g), the contribution payable, subject to paragraph 10, in any case where—

(a)the household income exceeds £42,875 is equal to X – Y and—

(i)for a student in category A, X is £1 for every complete [F795£8.10] by which the student’s household income exceeds £25,000 and Y is [F795£2,206];

(ii)for a student in category B, X is £1 for every complete [F796£7.87] by which the student’s household income exceeds £25,000 and Y is [F796£2,271];

(iii)for a student in category C, X is £1 for every complete [F797£7.93] by which the student’s household income exceeds £25,000 and Y is [F797£2,254];

(iv)for a student in category D, X is £1 for every complete [F798£8.01] which the student’s household income exceeds £25,000 and Y is [F798£2,231];

(b)the household income does not exceed £42,875 is nil.

(3) In relation to a 2016 cohort student who satisfies all the conditions in regulation 71(1)(h), the contribution, subject to paragraph 10, in any case where—

(a)the household income exceeds £42,875 is equal to—

(i)for a student in category A, £1 for every complete [F799£8.10] by which the student’s household income exceeds £42,875;

(ii)for a student in category B, £1 for every complete [F800£7.87] by which the student’s household income exceeds £42,875;

(iii)for a student in category C, £1 for every complete [F801£7.93] by which the student’s household income exceeds £42,875;

(iv)for a student in category D, £1 for every complete [F802£8.01] by which the student’s household income exceeds £42,875;

(b)the household income does not exceed £42,875 is nil.

(4) In relation to a 2016 cohort student who satisfies both the conditions in regulation 71(1)(i), no contribution is payable.

(5) Categories A to D have the meaning given in regulation 90.]

Textual Amendments

F794Sch. 4 para. 9A inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 56(c)

F795Sums in Sch. 4 para. 9A(2)(a)(i) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F796Sums in Sch. 4 para. 9A(2)(a)(ii) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F797Sums in Sch. 4 para. 9A(2)(a)(iii) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F798Sums in Sch. 4 para. 9A(2)(a)(iv) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F799Sum in Sch. 4 para. 9A(3)(a)(i) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F800Sum in Sch. 4 para. 9A(3)(a)(ii) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F801Sum in Sch. 4 para. 9A(3)(a)(iii) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F802Sum in Sch. 4 para. 9A(3)(a)(iv) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

Split contributionsE+W

10.  Where the same household income is used to assess the amount of a statutory award for which two or more persons qualify, the contribution payable in respect of the eligible student is divided by the number of such persons.

Regulations 23 and 145

[F803SCHEDULE 5E+WInstitutions to whom regulations 23(4A) and 145(2)(c) of the Education (Student Support) Regulations 2011 apply

Textual Amendments

F803Sch. 5 substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 2

The institutions to whom regulations 23(4A) and 145(2)(c) of the Education (Student Support) Regulations 2011 apply are—

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 2012.

The Regulations are based on the Education (Student Support) Regulations 2009 (as amended) (the “2009 Regulations”) which they revoke from 1st September 2012 (with the exception of regulations 113 and 114 (overpayment of fee loans and college loans) which are revoked on 1st September 2011).

These Regulations also revoke the following regulations from 1st September 2012 the Education (Student Support) Regulations 2009 (Amendment) Regulations 2010; regulation 5 and regulations 10 to 12 of the Education (Student Fees, Awards and Support) (Amendment) Regulations 2011; the Education (Student Support) (Dance and Drama) Regulations 1999; and the Education (Student Support) (Dance and Drama) (Amendment) Regulations 2001.

Parts 2 to 9 of the Regulations contain the support arrangements for full-time courses. Part 2 makes provision about which students are eligible for support (regulation 4) and about which types of full-time courses are designated for purposes of student support (regulation 5 and Schedule 2). Part 3 makes provision for the application process.

Part 4 contains provision on the type of fee support available for full-time students. Students starting full-time courses (including distance learning courses) on or after 1st September 2012 and continuing students who started their course on or after 1st September 2006 qualify for fee loans. These students are known as “current system students”. Old system students, i.e. those who mainly started their course before 1st September 2006, continue to be eligible for fee grants. Regulation 23 sets out the maximum amount of fee loan available to current system students to meet the costs of their tuition. The maximum amount varies depending on when the course begins and where it is taken. Transitional provision is included in regulation 23 for students (a) who transfer under regulation 7 from one designated course which started before 1st September 2012 to another on or after 1st September 2012 or (b) who start an end-on course (defined in regulation 2(1)) immediately after finishing an earlier course which started before 1st September 2012. Such students are treated as continuing students for fee support purposes in Part 4.

Parts 5 and 6 contain provision on support for living and other costs for full time courses. (With the exception of the disabled students' allowance, this support is not available in respect of distance learning courses (regulation 38(2) and regulation 69(3)). Part 5 provides for grants for living costs (maintenance and special support) and grants for other costs such as travel grants, grants for dependants and disabled students' allowance. The maintenance grant and special support grants provided for in regulations 56 to 65 are calculated by reference to the student's annual household income (Part 8 and Schedule 4) and students with a household income over specified amounts will not qualify for a maintenance or special support grant. The level of grant also varies depending on the type of course and when the student started the course. Part 6 provides for loans for living costs. The rate of loan depends on whether the student lives with their parents while studying, the location of the institution and the student's annual household income.

Part 7 provides for college fee loans and Part 8 contains provision on how a student's contribution is assessed and the minimum level of loan for living costs.

Part 9 contains provision about the payment of support to the student and in the case of fee loans to the relevant academic authority. Regulations 117 and 118, which provide for recovery of overpayment of fee loans and college fee loans, apply (exceptionally) from 1st September 2011 (the provision on overpayment of fee loans and college fee loans in the 2009 Regulations (regulations 113 and 114) being revoked from that date).

Part 10 contains provision on support for designated distance learning courses. This Part applies in respect of full-time distance learning courses beginning before 1st September 2012 except where the student transfers from one designated distance learning course to another in accordance with regulation 131 or starts an end-on course. Such students are treated as students continuing on designated distance learning courses. Regulation 120 defines an eligible distance learning student and regulation 122 defines a designated distance learning course. Regulations 124 and 125 provide for the types of grant support available in respect of designated distance learning courses and regulation 127 provides for the disabled students' allowance in respect of such courses. Regulations 133 and 134 provide for the payment of grant support.

Part 11 provides for support for part-time courses. Regulation 137 defines an eligible part-time student and regulation 139 a designated part-time course. Continuing students (and those who transfer from one part-time course starting before 1st September 2012 to another on or after 1st September 2012 or start part-time end-on courses) qualify for grant support (regulations 141 and 142) whereas students starting designated part-time courses on or after 1st September 2012 qualify for fee loans to meet the costs of their tuition. Regulation 144 sets out the maximum amount of fee loan available to part-time students to meet the costs of their tuition. The level of fee loan will vary according to where the student undertakes the course. Regulation 147 provides for disabled students' allowance for part-time students. Regulation 153 provides for payment of grant support to the part-time student and regulations 154 and 155 provide for payments of grants and loans for fees to the relevant academic authority. Regulations 156 and 157 make provisions for recovery of overpayments. Part-time courses starting on or after 1st September 2012 must be able to be completed in not more than four times the period it would normally take for the a student to complete the equivalent full-time course (regulation 139(1)(c)) in order to be designated under these Regulations. In addition, new students starting their courses on or after 1st September 2012 must study at a minimum 25% intensity of study rate in each academic year of their course compared with the equivalent full-time course to qualify for fee loans (regulation 144(2)) and disabled students' allowance (regulation 147(4)).

Part 12 makes provision for support in respect of postgraduate students with disabilities. Part-time postgraduate courses starting on or after 1st September 2012 must be able to be completed in not more than four times the period it would normally take for the a student to complete the equivalent full-time course (regulation 161(1)(b)) in order to be designated under these Regulations. In addition, new students starting part-time postgraduate courses on or after 1st September 2012 must study at a minimum 25% intensity of study rate compared with the equivalent full-time course to qualify for disabled students' allowance (regulation 159(9)).