The Education (Student Support) Regulations 2011

PART 1 E+W GENERAL

Citation, commencement and application E+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 M1 .

(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

M1 In 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.

Interpretation E+W

2.—(1) In these Regulations—

“the 1962 Act” means the Education Act 1962 M2 ;

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

“the 1998 Regulations” means the Education (Student Support) Regulations 1998 M3 ;

“the 1999 Regulations” means the Education (Student Support) Regulations 1999 M4 ;

“the 2000 Regulations” means the Education (Student Support) Regulations 2000 M5 ;

“the 2001 Regulations” means the Education (Student Support) Regulations 2001 M6 ;

“the 2002 Regulations” means the Education (Student Support) Regulations 2002 M7 ;

“the 2003 Regulations” means the Education (Student Support) (No. 2) Regulations 2002 M8 as amended only by the Education (Student Support) (No. 2) Regulations 2002 (Amendment) Regulations 2003 M9 and the Education (Student Fees and Support) (Switzerland) Regulations 2003 M10 ;

“the 2004 Regulations” means the 2003 Regulations as amended by the Education (Student Support) (No. 2) Regulations 2002 (Amendment) Regulations 2004 M11 , the Education (Student Support) (No. 2) Regulations 2002 (Amendment) (No. 2) Regulations 2004 M12 , the Education (Student Support) (No. 2) Regulations 2002 (Amendment) (No. 3) Regulations 2004 M13 , the Education (Student Support) (No. 2) Regulations 2002 (Amendment) (No. 4) Regulations 2004 M14 , the Education (Student Support) (No. 2) Regulations 2002 (Amendment) Regulations 2005 M15 , the Education (Student Support) (Amendment) Regulations 2005 M16 and the Education (Student Support) (Amendment) (No. 2) Regulations 2005 M17 ;

“the 2005 Regulations” means the Education (Student Support) Regulations 2005 M18 ;

“the 2006 Regulations” means the Education (Student Support) Regulations 2006 M19 ;

“the 2007 Regulations” means the Education (Student Support) Regulations 2007 M20 ;

“the 2008 Regulations” means the Education (Student Support) Regulations 2008 M21 ;

“the 2008 (No.2) Regulations” means the Education (Student Support) (No.2) Regulations 2008 M22 ;

“the 2009 Regulations” means the Education (Student Support) Regulations 2009 M23 ;

“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;

(ii)

where (a) or (b) apply, the student is a type 1 or a type 2 teacher training student; or

(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;

(ii)

where (a) or (b) apply, the student is a type 1or a type 2 teacher training student; or

(iii)

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

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

(a)

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

(b)

is not a 2008 or 2009 cohort student;

(c)

has not transferred to the current course pursuant to regulation 7 from a course beginning before 1st September 2012; and

(d)

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

“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 M24 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;

[F1 “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;

“bursary year” means an academic year of a course in relation to which the student is eligible to apply for a healthcare bursary or a Scottish healthcare allowance, the amount of which is calculated by reference to that student's income whether or not the calculation results in a nil amount;

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

“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;

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

“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;

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

“designated distance learning course” means a course designated by the Secretary of State under regulation 122;

“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 M25 on the rights of citizens of the Union and their family members to move and reside freely in the territory of the Member States;

“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;

“eligible distance learning student” has the meaning given in regulation 120;

“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)

a course for the initial training of teachers beginning before 1st September 2006 the duration of which does not exceed two years (the duration of a part-time course being expressed as its full-time equivalent) which, disregarding any intervening vacation, a student begins immediately after ceasing to attend a first degree course 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 or 2005 Regulations;

(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 or designated distance learning course 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 which, disregarding any intervening vacation, a student begins to attend immediately after ceasing to attend a full-time course [F2 mentioned] 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 a designated distance learning course which is mentioned in paragraph 2, 3 or 4 of Schedule 2 or 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;

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

[F3 “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 or Scotland, 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 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 M26 except in references to college fees;

“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;

[F4 “flexible postgraduate course for the initial training of teachers” means a graduate-entry or postgraduate-level course for the initial training of teachers, the length and pattern of which is determined by reference to the eligible student’s experience and training requirements and which has been approved by—

(a)

the Training and Development Agency for Schools where the course began—

(i)

before 1st September 2010; or

(ii)

on or after 1st September 2010 but before 1st September 2012 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; or

(b)

the Secretary of State where the course began on or after 1st September 2012 and 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;]

“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;

“healthcare bursary” means a bursary or award of similar description under section 63 of the Health Services and Public Health Act 1968 M27 or Article 44 of the Health and Personal Social Services (Northern Ireland) Order 1972 M28 ;

“higher education bursary” means an amount paid by a local authority in England under section 23C(5A) of the Children Act 1989 M29 ;

“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;

“old award” is an award within the meaning of the Education (Mandatory Awards) Regulations 2003 M30 ;

“old flexible postgraduate course for the initial training of teachers” means a flexible postgraduate course for the initial training of teachers which a student started to attend before 1st September 2008;

“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, in relation to a designated course, the number of academic years that a standard student would take to complete the designated course excluding any academic years of the course that are [F5 —

(a)

bursary years;

(b)

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

(c)

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

“period of eligibility” has the meaning given respectively in regulation 6 in relation to an eligible student, in regulation 123 in relation to an eligible distance learning student, 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 M31 ;

(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 M32 ); 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

“preliminary course” means a course mentioned in [F6 paragraph 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;

“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;

[F7 “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 M33 as extended by the Protocol thereto which entered into force on 4th October 1967 M34 ;

“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 under sections 73(f) and 74(1) of the Education (Scotland) Act 1980 M35 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 F8 ... 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 [F9 but 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 or Scotland; or

(c)

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

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

(a)

to have begun the designated 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 M36 , the Education (Student Loans) (Northern Ireland) Order 1990 M37 , the Education (Scotland) Act 1980 and regulations made under those Acts or that Order, the Education (Student Support) (Northern Ireland) Order 1998 M38 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 M39 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;

“type 1 teacher training student” means a current system student on a course for the initial training of teachers (other than a course for a first degree) whose periods of full-time attendance (including attendance for the purpose of teaching practice) in the academic year in respect of which the student is applying for support are in aggregate at least 6 weeks but less than 10 weeks where the course—

(a)

began before 1st September 2010; or

(b)

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;

“type 2 teacher training student” means a current system student on a course for the initial training of teachers (other than a course for a first degree) whose periods of full-time attendance (including attendance for the purpose of teaching practice) in the academic year in respect of which the student is applying for support are in aggregate 10 weeks or more where the course—

(a)

began before 1st September 2010; or

(b)

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; and

“type 3 teacher training student” means a current system student on a course for a first degree for the initial training of teachers whose periods of full-time attendance (including attendance for the purpose of teaching practice) in the academic year in respect of which the student is applying for support are in aggregate at least 6 weeks but less than 10 weeks where the course—

(a)

began before 1st September 2010; or

(b)

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.

[F10 “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) Subject to paragraph (4), “eligible student” has the meaning given in regulation 4.

(4) For the purposes of the college fee loan, references to an eligible student in regulations 6, 7, 8 and Schedule 3 include a person treated as an eligible student by virtue of regulation 93.

(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

F1 Words 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)

F2 Word in reg. 2(1) substituted (1.8.2012) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(3), 9(a)

F3 Words 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)

F4 Words in reg. 2(1) substituted (1.8.2012) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(3), 9(b)

F5 Words 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)

F6 Words in reg. 2(1) substituted (1.8.2013) by The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(3), 4(d)

F7 Words in reg. 2(1) substituted (1.8.2012) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(3), 9(c)

F8 Words 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)

F9 Words 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)

F10 Words in reg. 2(1) inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 54(2)

Marginal Citations

M2 1962 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.

M3 S.I. 1998/2003.

M4 S.I. 1999/496, amended by S.I. 1999/2266 and S.I. 2000/1120.

M5 S.I. 2000/1121, amended by S.I. 2000/1490, S.I. 2000/2142 and S.I. 2000/2912.

M6 S.I. 2001/951, amended by S.I. 2001/1730, S.I. 2001/2355 and S.I. 2002/174.

M7 S.I. 2002/195, amended by S.I. 2002/1318, S.I. 2002/2088 and S.I. 2002/3059.

M8 S.I. 2002/3200.

M9 S.I. 2003/1065.

M10 S.I. 2003/3280.

M11 S.I. 2004/161.

M12 S.I. 2004/1602.

M13 S.I. 2004/2041.

M14 S.I. 2004/2598.

M15 S.I. 2005/5.

M16 S.I. 2005/1341.

M17 S.I. 2005/2084.

M18 S.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.

M19 S.I. 2006/119, as amended by S.I. 2006/955, S.I. 2006/1745 and S.I. 2007/1336.

M20 S.I. 2007/176, as amended by S.I. 2007/1336, S.I. 2007/2263 and S.I. 2008/235.

M21 S.I. 2008/529 as amended by S.I. 2008/1582, S.I. 2008/2094, S.I. 2008/2939 and S.I.2009/862.

M22 S.I.2008/1582 as amended by S.I. 2008/2094 and S.I. 2008 2008/2939.

M23 S.I. 2009/1555 as amended by S.I. 2010/2546 and S.I. 2011/87.

M24 2010 c.32.

M25 OJ L158, 30.4.2004, p77-123.

M26 2004 c.8, to which there have been amendments not relevant to these Regulations.

M27 1968 c.46; section 63 was amended by the National Health Service (Scotland) Act 1972 (c.58), Schedule 7, the National Health Service Reorganisation Act 1973 (c.32), Schedules 4 and 5, the National Health Service Act 1977 (c.49), Schedules 15 and 16, the National Health Service (Scotland) Act 1978 (c.29), Schedules 16 and 17, the Local Government Act 1985 (c.51), Schedule 17, the Health and Medicines Act 1988 (c.49), sections 20 and 25(2) and Schedule 3, the Local Government (Scotland) Act 1994 (c.39), Schedule 13, the Health Authorities Act 1995 (c.17), Schedule 1, S.I. 1996/1008, the National Health Service (Primary Care) Act 1997 (c.46), Schedule 2, the Health Act 1999 (c.8), Schedule 4, the Health and Social Care Act 2001 (c.15), Schedule 5, the National Health Service Reform and Health Care Professions Act 2002 (c.17), Schedules 2, 5 and 9, S.I. 2002/2202, article 4, S.I. 2002/2469, Schedule 1, the Health and Social Care (Community Health and Standards) Act 2003 (c.43), Schedules 4, 11 and 14, S.I. 2004/288, article 7, the Children Act 2004 (c.31), section 55, S.I. 2004/957, the Schedule, the National Health Service (Consequential Provisions) Act 2006 (c.43), Schedule 1, S.I.2006/1056 and S.I. 2007/961, the Schedule.

M28 S.I. 1972/1265 (N.I. 14), to which there have been amendments not relevant to these Regulations.

M29 1989 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).

M30 S.I. 2003/1994, amended by S.I.s 2004/1038, 2004/1792, 2005/2083, 2005/3137, 2006/930 and 2007/1629.

M31 1971 c.77.

M32 2001 c.41; section 104 was amended by the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (c.19), section 26 and Schedule 2 and the Immigration, Asylum and Nationality Act 2006 (c.13), section 9.

M33 Cmnd. 9171.

M34 Cmnd. 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).

M35 1980 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).

M36 1990 c.6; repealed by the Teaching and Higher Education Act 1998 (c.30), Schedule 4.

M37 S.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.

M38 S.I. 1998/1760 (N.I. 14), to which there have been amendments not relevant to these Regulations.

M39 S.I. 1998/1166, amended by S.I. 1998/1972 and revoked with savings by S.I. 1999/1494.

Revocation, savings and transitional provisions E+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 M40 ;

(c) regulation 5 and regulations 10 to 12 of the Education (Student Fees, Awards and Support) (Amendment) Regulations 2011 M41 ;

(d) the Education (Student Support) (Dance and Drama) Regulations 1999 M42 ; and

(e) the Education (Student Support) (Dance and Drama) (Amendment) Regulations 2001 M43 .

(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

M40 S.I. 2010/2546.

M41 S.I. 2011/87.

M42 S.I. 1999/2263.

M43 S.I. 2001/2893.

PART 2 E+W ELIGIBILITY

Eligible students E+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 A's income; or

(ii) any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 2007 M44 ;

(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.

(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;

(b) a designated course and a designated distance learning course;

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

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

(8) Subject to paragraphs (12) to (14), if a person satisfies the conditions in paragraph (9), (10) or (11)—

(a) paragraphs (2) and (3) do not apply to that person and

(b) that person is an eligible student for the purposes of these Regulations.

(9) The conditions are—

(a) the person qualified as an eligible student in connection with an earlier academic year of the current course pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act;

(b) the person was not ordinarily resident in Wales on the first day of the first academic year of the current course; and

(c) the person's status as an eligible student has not terminated.

(10) The conditions are—

(a) the current 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 regulation 2) which the person begins on or after 1st September 2006;

(b) the person qualified as an eligible student in connection with the course in relation to which the current course is an end-on course;

(c) the period of eligibility in respect of the course referred to in sub-paragraph (b) ceased only on the grounds that the student had completed the course; and

(d) the person was not ordinarily resident in Wales on the first day of the first academic year of the course referred to in sub-paragraph (b).

(11) The conditions are—

(a) the Secretary of State has previously determined that the person is—

(i) an eligible part-time student in connection with a designated part-time course;

(ii) an eligible distance learning student in connection with a designated distance learning course; or

(iii) an eligible student in connection with a designated course other than the current course;

(b) the person's status as an eligible part-time student, as an eligible distance learning student or as an eligible student in connection with the course referred to in sub-paragraph (a) has been converted or transferred from that course to the current course as a result of one or more conversions or transfers in accordance with regulations made by the Secretary of State under section 22 of the 1998 Act;

(c) the person was not ordinarily resident in Wales on the first day of the first academic year of the course referred to in sub-paragraph (a); and

(d) the person's status as an eligible student has not terminated.

(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, designated distance learning course or other designated course from which A's status as an eligible part-time student, eligible distance learning student 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.

(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, designated distance learning course or other designated course from which A's status as an eligible part-time student, eligible distance learning student 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.

Marginal Citations

M44 S.S.I. 2007/151, amended by S.S.I. 2007/503.

Designated courses E+W

5.—(1) Subject to paragraphs (3), (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) subject to paragraph (3), 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;.

(c) of at least—

(i) one academic year's duration; or

(ii) six weeks' duration in the case of a flexible postgraduate course for the initial training of teachers;

[F11 (d) either—

(i) wholly provided by an authority-funded educational institution;

(ii) provided by a publicly funded institution in the United Kingdom on behalf of an authority-funded educational institution; or

(iii) provided by an authority-funded educational institution in conjunction with an institution outside the United Kingdom; and]

(e) for a course beginning on or after 1st September 2012 which falls within paragraph 1, 2, 4, 6, 7 or 8 of Schedule 2, a course leading 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 M45 .

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

(3) A distance learning course is not a designated course—

(a) if it began before 1st September 2012; or

(b) in relation to a student to whom regulation 122(2) applies.

[F12 (3A) Paragraph (3) does not apply where the person applying for support in connection with the course is—

(a) a disabled student; and

(b) undertaking that course in the United Kingdom but not in attendance because the person is unable to attend for a reason which relates to that person’s disability.]

(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;

(b) a university and any constituent college or institution in the nature of a college of a university is to be regarded as [F13 authority-funded] if either the university or the constituent college or institution is [F13 authority-funded]; F14 ...

(c) an institution is not to be regarded as publicly funded [F15 or 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 1992M46 [F16 ; and]

[F17 (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).

Textual Amendments

F11 Reg. 5(1)(d) 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(a)

F12 Reg. 5(3A) 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(b)

F13 Words 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)

F14 Word 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)

F15 Words 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)

F16 Word 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)

F17 Reg. 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

M45 1988 c.40. Section 214(2) was amended by the Further and Higher Education Act 1992 (c.13), section 93 and Schedule 8.

M46 1992 c.13; section 65(3A) was inserted by the Teaching and Higher Education Act 1998 (c.30), section 27.

Period of eligibility E+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 status E+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.

(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.

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

Applications for support E+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 limits E+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;

(b) the applicant is making a separate application for a fee loan, a fee contribution loan, a loan for living costs or a college fee loan 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), an additional amount of loan for living costs under regulation 89(3) or an additional amount of college fee loan under regulation 97 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.

Information E+W

10.  Schedule 3 deals with the provision of information.

Requirement to enter into a contract for a loan E+W

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

PART 4 E+W FEE SUPPORT

CHAPTER 1 E+W GENERAL

Previous course E+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 a designated 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 designated 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 designated 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 a designated distance learning course, undertook before the current course where—

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

(bb) the student's status as an eligible student has been transferred to the current course pursuant to regulation 7 from a designated 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 award of any description which was paid in respect of the student's attending or, in the case of a compressed degree course or a designated 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 award of any description which was paid in respect of the student's attending or, in the case of a compressed degree course or a designated 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.

(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 treated as having been in attendance on the previous course in respect of periods of study beginning on or after 1st September 2006.

Miscellaneous E+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.

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

(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 [F18 on the first day of the first academic year].

[F19 (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.]

Textual Amendments

F18 Words in reg. 13(6) inserted (1.8.2012) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(3), 10(a)

F19 Reg. 13(7) inserted (1.8.2012) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(3), 10(b)

CHAPTER 2 E+W TYPES OF FEE SUPPORT AVAILABLE

Current system students E+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 students E+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 year E+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.

Events E+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 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.

Students to be treated as in attendance on a course E+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 F20 ... 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

F20 Words in reg. 18(2)(b)(ii) omitted (1.8.2013) by virtue of The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(3), 6

CHAPTER 3 E+W FEE LOANS FOR CURRENT SYSTEM STUDENTS

Availability of fee loans to current system students - general E+W

19.—(1) A current system student does not qualify for a fee loan in respect of a designated course if the designated course is an old flexible postgraduate course for the initial training of teachers.

(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 [F21 —

(a) a bursary year;

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

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

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

(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.

[F22 (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 or Scotland; or

(c) an Erasmus year of a course provided by an institution in England or Wales 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 [F23 —

(a) a bursary year;

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

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

(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

F21 Words 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)

F22 Reg. 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)

F23 Words 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)

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

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

• where

• OD is the number of academic years that make up the ordinary duration of the course.

Standard entitlement of current system students who have transferred from or otherwise studied on a previous course E+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—

• where

• OD is the number of academic years that make up the ordinary duration of the course

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 courses E+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 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 a full-time first degree course after the course referred to in paragraph (i) and before the current course.

[F24 (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 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—

• where

• D is the greater of 3 and the number of academic years that make up the ordinary duration of the course

• X is 1 where the ordinary duration of the preliminary course (or preliminary courses in total) was less than three years and 2 where the ordinary duration of the preliminary course (or preliminary courses in total) was three years

• PrC is the number of academic years that the student spent on preliminary courses excluding any years of repeat study for compelling personal reasons.

(5) F25 ...The standard entitlement of a student to whom paragraph (2) applies is calculated as follows–-

• where

• D is the greater of 3 and the number of academic years that make up the ordinary duration of the course

• X is—

• 1 where the ordinary duration of the preliminary course (or preliminary courses in total) was less than three years, [F26 and]

• [F27 where the ordinary duration of the preliminary course (or preliminary courses in total) was three years or more, the ordinary duration minus 1]

• PrC is the number of academic years that the student spent on preliminary courses excluding any years of repeat study for compelling personal reasons.

F28 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F24 Reg. 22(2) substituted (1.8.2012) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(3), 11(a)

F25 Words in reg. 22(5) omitted (1.8.2013) by virtue of The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(3), 8(a)

F26 Word in reg. 22(5) inserted (1.8.2013) by The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(3), 8(b)

F27 Words in reg. 22(5) substituted (1.8.2013) by The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(3), 8(c)

F28 Reg. 22(6) omitted (1.8.2012) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(3), 11(b)

Amount of the fee loan E+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) [F29 , (5A)] [F30 , (6), (6A) or (6B)] applies; or

(b) £9,000 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;

unless paragraph (6) [F31 , (6A), (6B), (6C) or (8)] applies.

[F32 (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), the “maximum amount” is—

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

(b) £3,000, where—

(i) paragraph (7) applies; or

(ii) paragraph (7A) or (7B) applies and the course is provided by an institution in Northern Ireland or Scotland;

(c) £1,200, where paragraph (7A) applies and the course is provided by an institution in England or Wales; or

(d) £900, where paragraph (7B) applies and the course is provided by an institution in England or Wales.]

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

(a) £9,000 where the course is provided by or on behalf of a publicly funded institution, unless [F33 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 [F34 paragraph (7), (7A), (7B) or (8) applies];

(c) £4,500 where the course is provided by or on behalf of a publicly funded institution, and [F35 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 [F36 paragraph (7) applies;]

[F37 (e) £1,800 where the course is provided by or on behalf of a publicly funded institution in Wales, and paragraph (7A) applies;

(f) £4,500 where the course is provided by or on behalf of a publicly funded institution in Northern Ireland or Scotland, and paragraph (7A) applies;

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

(h) £3,000 where the course is provided by a private institution (other than on behalf of a publicly funded institution) in Northern Ireland or Scotland, and paragraph (7A) applies;

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

(j) £4,500 where the course is provided by or on behalf of a publicly funded institution in Northern Ireland or Scotland, and paragraph (7B) applies;

(k) £900 where the course is provided by a private institution (other than on behalf of a publicly funded institution) in Wales, and paragraph (7B) applies; or

(l) £3,000 where the course is provided by a private institution (other than on behalf of a publicly funded institution) in Northern Ireland or Scotland, and paragraph (7B) applies.]

[F38 (5A) Where the current course began before 1st August 2012 and is provided by an institution in Northern Ireland, the maximum amount is £3,685, or, where paragraph (7), (7A) or (7B) applies, £1,835.]

(6) [F39 Where paragraph (7) applies], the “maximum amount” is—

(a) £1,725 where the current course began before 1st September 2012 unless paragraph (5) [F40 or (5A)] applies; or

(b) £4,500 where the current course began on or after 1st September 2012 unless paragraph (4) applies.

[F41 (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) £1,800 where the current course began on or after 1st September 2012 and is provided by an institution in England or Wales, unless paragraph (4) applies; or

(c) £4,500 where the current course began on or after 1st September 2012 and is provided by an institution in Northern Ireland or Scotland, unless paragraph (4) 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) £1,350 where the current course began on or after 1st September 2012 and is provided by an institution in England or Wales, unless paragraph (4) applies; or

(c) £4,500 where the current course began on or after 1st September 2012 and is provided by an institution in Northern Ireland or Scotland, unless paragraph (4) applies.

(6C) Where paragraph (7C) applies, the “maximum amount” is £1,350.]

(7) [F42 This 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; [F43 or]

F44 (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;

F44 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F45 (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 or Wales which began on or after 1st September 2012.]

(8) Where the current course is a graduate entry accelerated programme, the “maximum amount” is £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

F29 Word 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)

F30 Words 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)

F31 Words 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)

F32 Reg. 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)

F33 Words in reg. 23(5)(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(c)(i)

F34 Words in reg. 23(5)(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(c)(ii)

F35 Words in reg. 23(5)(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), 9(c)(iii)

F36 Words in reg. 23(5)(d) 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(c)(iv)

F37 Reg. 23(5)(e)-(l) 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(c)(v)

F38 Reg. 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)

F39 Words 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)

F40 Words 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)

F41 Reg. 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)

F42 Words 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)

F43 Word 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)

F44 Reg. 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)

F45 Reg. 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)

Amount of fee loan for transferring students E+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 4 E+W GRANTS FOR FEES FOR OLD SYSTEM STUDENTS

Old system students who are continuing students E+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.

(3) A continuing student does not qualify for a grant for fees in respect of a designated course if the designated course is a flexible postgraduate course for the initial training of teachers.

(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—

• where

• SAY is the number of standard academic years of the designated course that begin after 31st August 2006,

• X is the number of academic years of the designated course that begin after 31st August 2006 in respect of which 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 a grant for fees 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.

(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.

Old system students who are transferring students E+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.

(5) A transferring student does not qualify for a grant for fees in respect of a designated course if the designated course is an old flexible postgraduate course for the initial training of teachers.

(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)—

• where

• RAY is the number of standard academic years of the relevant course that remain after 31st August 2006,

• X is the number of academic years of the relevant course that remain after 31st August 2006 in respect of which 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 a grant for fees in the course of assessing an application for support in respect of an academic year of the relevant course where that year began before 1st September 2006.

(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)—

• where

• RAY is the number of standard academic years of the relevant course that remain after 31st August 2006,

• X is the number of academic years of the relevant course that remain after 31st August 2006 in respect of which 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 a grant for fees in the course of assessing an application for support in respect of an academic year of the relevant course where that year began before 1st September 2006,

• SS is the number of academic years of study that the student has taken from and including 1st September 2006 in respect of which the student qualified for fee support (excluding any years of repeat study for compelling personal reasons) or which were bursary years or Erasmus years.

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

• where

• OD is the number of academic years that make up the ordinary duration of the designated course.

(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.

Old system students who are on end-on courses E+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—

• where

• D is the greater of 3 and the number of academic years that make up the ordinary duration of the course,

• X is 1 where the ordinary duration of the preliminary course was less than three years and 2 where the ordinary duration of the preliminary course was three years,

• PrC is the number of academic years that the student spent on the preliminary course excluding any years of repeat study for compelling personal reasons.

(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 course E+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.

(2) A gap year student does not qualify for fee support in respect of a designated course if—

(a) 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; or

(b) the designated course is an old flexible postgraduate course for the initial training of teachers.

(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—

• where

• OD is the number of academic years that make up the ordinary duration of the course.

(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.

Old system students who are gap year students who have studied on a previous course E+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.

(2) An old system student to whom this regulation applies does not qualify for fee support in respect of a designated course if—

(a) 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; or

(b) the designated course is an old flexible postgraduate course for the initial training of teachers.

(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—

• where

• OD is the number of academic years that make up the ordinary duration of the course,

• PC is the number of academic years that the student has spent on previous courses.

(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.

Availability of the grant for fees to old system students for years of repeat study E+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 institution E+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 institution E+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 institution E+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 5 E+W FEE CONTRIBUTION LOANS FOR OLD SYSTEM STUDENTS

Availability of fee contribution loans to old system students E+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 loan E+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+W GRANTS FOR LIVING AND OTHER COSTS

CHAPTER 1 E+W TYPES OF GRANTS AVAILABLE

Current system students E+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 students E+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 2 E+W GENERAL PROVISIONS

General qualifying conditions for grants for living and other costs E+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 [F46 unless 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;

(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;

(b) an academic year 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,

during which the periods of full-time attendance, including attendance for the purpose of teaching practice, are in aggregate less than 6 weeks; or

(c) a flexible postgraduate course for the initial training of teachers which is of less than one academic year's duration.

(5) Paragraph (4)(b) does not apply for the purposes of the disabled students' allowance.

(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 [F47 clinical 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;

[F48 (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; or

(e) unpaid service with—

[F49 (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 M47 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 M48 ; or

(iv) a Health and Social Services Board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972 M49 .

(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 F50 ...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

F46 Words in reg. 38(2) inserted (1.8.2013) by The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(3), 10

F47 Words in reg. 38(7)(a) substituted (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 165(a) (with Sch. 3 para. 24)

F48 Reg. 38(7)(ba) inserted (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 165(b) (with Sch. 3 para. 24)

F49 Reg. 38(7)(e)(i)-(ic) substituted for reg. 38(7)(e)(i) (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 165(c) (with Sch. 3 para. 24)

F50 Words 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

M47 2006 c.42.

M48 1978 c.29 to which there have been amendments not relevant to these regulations.

M49 S.I. 1972/1265 (N.I. 14), to which there have been amendments not relevant to these regulations.

Students who are treated as in attendance E+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 3 E+W DISABLED STUDENTS' ALLOWANCES

Qualifying conditions for the disabled students' allowance E+W

40.  An eligible student (“A”) qualifies for a grant to assist with the additional expenditure which the Secretary of State is satisfied that A is obliged to incur in connection with A's attendance on or undertaking of a designated course by reason of a disability to which A is subject.

Amount of the disabled students' allowance E+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.

(2) Except where paragraph (4) applies, the amount of the disabled students' allowance must not exceed—

(a) [F51 £20,725] in respect of an academic year for expenditure on a non-medical personal helper;

(b) [F52 £5,212] 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) [F53 £1,741] 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.

(4) The maximum amount under paragraphs (2)(a) and (d) is [F54 £15,543] and [F54 £1,305], respectively where—

(a) an eligible student attends a course for the initial training of teachers; and

(b) in any academic year of that course, the periods of full-time study and full-time teaching practice are in aggregate less than 6 weeks.

(5) An eligible student does not qualify for a grant under this regulation 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 [F55 on the first day of the first academic year].

[F56 (6) A student qualifying for a grant under this regulation 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.]

[F57 (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 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 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.

(9) Where the state of which the student is a national accedes to the EU the student may qualify for the disabled students’ allowance 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

F51 Sum in reg. 41(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.

F52 Sum in reg. 41(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.

F53 Sum in reg. 41(2)(d) 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.

F54 Sums in reg. 41(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), reg. 1(2)(a), Sch.

F55 Words in reg. 41(5) inserted (1.8.2012) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(3), 14(a)

F56 Reg. 41(6) inserted (1.8.2012) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(3), 14(b)

F57 Reg. 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)

CHAPTER 4 E+W GRANTS FOR DEPENDANTS

Interpretation of Chapter 4 E+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);

[F58 (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);

(ge) “taxable income” means, in respect of the prior financial year, a person’s taxable income from all sources computed for the purposes of—

(i) the Income Tax Acts;

(ii) the income tax legislation of another Member State which applies to the person’s income; or

(iii) where the legislation of more than one Member State applies to the period, the legislation under which the Secretary of State considers the person will pay the largest amount of tax in that period,

except that 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.

[F59 (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) F60 ...A dependant's net income is the dependant's income from all sources [F61 (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 M50 ;

(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 M51 ;

(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 M52 ;

(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 M53 ;

(g) any child tax credit to which the dependant is entitled under Part I of the Tax Credits Act 2002 M54 ; F62 ...

(h) a higher education bursary paid to the dependent;

[F63 (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 limited capability for work 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) [F64 Subject 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 [F65 residual 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.

[F66 (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.

[F67 (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

F58 Reg. 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)

F59 Reg. 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)

F60 Words 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)

F61 Words 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)

F62 Word in reg. 42(2) omitted (29.4.2013) by virtue of The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 54(3)

F63 Reg. 42(2)(i) inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 54(3)

F64 Words 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)

F65 Words 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)

F66 Reg. 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)

F67 Reg. 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

M50 1992 c.4 to which there are amendments not relevant to these Regulations.

M51 2002 c.38.

M52 1989 c.41; sections 22A to 22F substituted section 23 and were inserted by the Children and Young Persons Act 2008 (c.23).

M53 1989 c.41. There are amendments to sections 15 and 24 and Schedule 1 which are not relevant to these Regulations.

M54 2002 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.

General E+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' grant E+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 [F68 for 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) [F69 £2,668]; 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 [F70 £2,668] as the Secretary of State considers reasonable in the circumstances.

Textual Amendments

F68 Words 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

F69 Sum in reg. 44(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), reg. 1(2)(a), Sch.

F70 Sum in reg. 44(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), reg. 1(2)(a), Sch.

Childcare grant E+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) 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 section 312 of the Education Act 1996 M55 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 A or A's partner [F71 —

(a) has elected to receive the childcare element of the working tax credit under Part 1 of the Tax Credits Act 2002; or

(b) 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)].

(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 [F72 paragraphs (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 [F73 £150.23] per week; or

(b) for two or more dependent children, 85 per cent. of the prescribed childcare charges, subject to a maximum amount of [F74 £257.55] 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 M56 .

[F75 (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 [F76 £116.15] 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

F71 Words in reg. 45(3) substituted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 54(4)

F72 Words 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

F73 Sum in reg. 45(5)(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.

F74 Sum in reg. 45(5)(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.

F75 Reg. 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

F76 Sum in reg. 45(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), reg. 1(2)(a), Sch.

Marginal Citations

M55 1996 c.56; section 312 was amended by the Education Act 1997 (c.44), Schedule 7, paragraph 23, the Schools Standards and Framework Act 1998 (c.31), section 140, Schedule 30, paragraph 71 and Schedule 31, the Learning and Skills Act 2000 (c.21), Schedule 9, paragraph 56, the Education and Inspections Act 2006 (c.40), Schedule 1, paragraph 3 and the Apprentices, Skills, Children and Learning Act 2009 (c.22), section 59 and Schedule 2.

M56 Regulation 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 allowance E+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 [F77 £1,523].

Textual Amendments

F77 Sum in reg. 46(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), reg. 1(2)(a), Sch.

Calculations E+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 to as 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.

[F78 (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

F78 Reg. 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 5 E+W GRANTS FOR TRAVEL

Interpretation E+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.

General E+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.

[F79 49A.— (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

F79 Reg. 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 dentistry E+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 dentistry E+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 study E+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 study E+W

53.  The amount of grant payable under regulation 52 in respect of an academic year is calculated as follows—

• 

• X is the aggregate of the reasonable travel costs that the eligible student is obliged to incur in each qualifying quarter for the purposes set out in regulation 52.

• Y is the aggregate of the expenditure incurred in each qualifying quarter specified in regulation 54.

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 travel E+W

55.  A deduction may be made from any grant under this Chapter in accordance with Part 8.

CHAPTER 6 E+W MAINTENANCE GRANTS FOR CURRENT SYSTEM STUDENTS

Qualifying conditions for the maintenance grant E+W

56.—(1) A current system 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 [F80 in accordance with regulation 19(2)]; or

(b) the designated course is an old flexible postgraduate course for the initial training of teachers.

(4) A current system student does not qualify for a maintenance grant if the current course is the graduate entry accelerated programme.

[F81 (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

F80 Words 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

F81 Reg. 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 students E+W

57.—(1) The maximum amount of maintenance grant available to a 2008 cohort student in respect of an academic year is —

(a) in the case of a type 1 or type 3 teacher training student, [F82 £1,555];

(b) in the case of a type 2 teacher training student, [F83 £3,110]; and

(c) in the case of a 2008 cohort student other than a type 1, type 2 or type 3 teacher training student, [F84 £3,110].

(2) A type 1 teacher training student who is a 2008 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 £25,000 or less, the student receives [F85 £1,555];

(b) where the household income exceeds £25,000 but does not exceed [F86 £34,713], the student receives an amount equal to where—

M is [F87 £1,555]

A is £1 for every complete [F86 £11.36] by which the household income exceeds £25,000; and

(c) where the household income exceeds [F88 £34,713] or the student opts when applying for the grant not to provide the information needed to calculate the household income, the student receives [F89 £700].

(3) A type 2 teacher training student who is a 2008 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 £25,000 or less, the student receives [F90 £3,110];

(b) where the household income exceeds £25,000 but does not exceed [F91 £34,713], the student receives an amount equal to where—

M is [F92 £3,110]

A is £1 for every complete [F91 £5.68 ]by which the household income exceeds £25,000; and

(c) where the household income exceeds [F93 £34,713] or the student opts when applying for the grant not to provide the information needed to calculate the household income, the student receives [F94 £1,400].

(4) A type 3 teacher training student who is a 2008 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 [F95 £1,555];

(b) where the household income exceeds £25,000 but does not exceed [F96 £61,047], the student receives an amount equal to where—

M is [F97 £1,555]

A is £1 for every complete [F96 £11.36] by which the household income exceeds £25,000 but does not exceed [F96 £34,713]

B is £1 for every complete [F97 £39.01] by which the household income exceeds [F96 £34,713] but does not exceed [F96 £61,047]; and

(c) where the household income exceeds [F98 £61,047], no maintenance grant is payable.

(5) A 2008 cohort student other than a type 1, type 2 or type 3 teacher training 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 [F99 £3,110];

(b) where the household income exceeds £25,000 but does not exceed [F100 £61,047], the student receives an amount equal to where—

M is [F101 £3,110]

A is £1 for every complete [F100 £5.68] by which the household income exceeds £25,000 but does not exceed [F100 £34,713]

B is £1 for every complete [F101 £19.50] by which the household income exceeds [F100 £34,713] but does not exceed [F100 £61,047]; and

(c) where the household income exceeds [F102 £61,047], no maintenance grant is payable.

Textual Amendments

F82 Sum in reg. 57(1)(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.

F83 Sum in reg. 57(1)(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.

F84 Sum in reg. 57(1)(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), reg. 1(2)(a), Sch.

F85 Sum in reg. 57(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.

F86 Sums in reg. 57(2)(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.

F87 Sum in reg. 57(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.

F88 Sums in reg. 57(2)(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.

F89 Sum in reg. 57(2)(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), reg. 1(2)(a), Sch.

F90 Sum in reg. 57(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), reg. 1(2)(a), Sch.

F91 Sums in reg. 57(3)(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.

F92 Sum in reg. 57(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), reg. 1(2)(a), Sch.

F93 Sums in reg. 57(3)(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.

F94 Sum in reg. 57(3)(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), reg. 1(2)(a), Sch.

F95 Sum in reg. 57(4)(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.

F96 Sums in reg. 57(4)(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.

F97 Sums in reg. 57(4)(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.

F98 Sum in reg. 57(4)(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.

F99 Sum in reg. 57(5)(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.

F100 Sums 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.

F101 Sums in reg. 57(5)(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.

F102 Sum 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 students E+W

58.—(1) The maximum amount of maintenance grant available to a 2009 cohort student in respect of an academic year is —

(a) in the case of a type 1 or type 3 teacher training student, [F103 £1,555];

(b) in the case of a type 2 teacher training student, [F104 £3,110]; and

(c) in the case of a 2009 cohort student other than a type 1, type 2 or type 3 teacher training student, [F105 £3,110].

(2) A type 1 teacher training student who is a 2009 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 £25,000 or less, the student receives [F106 £1,555;];

(b) where the household income exceeds £25,000 but does not exceed [F107 £34,264], the student receives an amount equal to where—

M is [F108 £1,555]

A is £1 for every complete [F107 £9.70] by which the household income exceeds £25,000; and

(c) where the household income exceeds [F109 £34,264] or the student opts when applying for the grant not to provide the information needed to calculate the household income, the student receives [F110 £600].

(3) A type 2 teacher training student who is a 2009 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 £25,000 or less, the student receives [F111 £3,110];

(b) where the household income exceeds £25,000 but does not exceed [F112 £34,264], the student receives an amount equal to where—

M is [F113 £3,110]

A is £1 for every complete [F112 £4.85] by which the household income exceeds £25,000; and

(c) where the household income exceeds [F114 £34,264] or the student opts when applying for the grant not to provide the information needed to calculate the household income, the student receives [F115 £1,200].

(4) A type 3 teacher training student who is a 2009 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 [F116 £1,555];

(b) where the household income exceeds £25,000 but does not exceed [F117 £50,706], the student receives an amount equal to where—

M is [F118 £1,555]

A is £1 for every complete [F117 £9.70] by which the household income exceeds £25,000 but does not exceed [F117 £34,264]

B is £1 for every complete [F118 £28.59] by which the household income exceeds [F117 £34,264] but does not exceed [F117 £50,706]; and

(c) where the household income exceeds [F119 £50,706], no maintenance grant is payable.

(5) A 2009 cohort student other than a type 1, type 2 or type 3 teacher training 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 [F120 £3,110];

(b) where the household income exceeds £25,000 but does not exceed [F121 £50,706], the student receives an amount equal to where—

M is [F122 £3,110]

A is £1 for every complete [F121 £4.85] by which the household income exceeds £25,000 but does not exceed [F121 £34,264]

B is £1 for every complete [F122 £14.29] by which the household income exceeds [F121 £34,264] but does not exceed [F121 £50,706]; and

(c) where the household income exceeds [F123 £50,706], no maintenance grant is payable.

Textual Amendments

F103 Sum in reg. 58(1)(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.

F104 Sum in reg. 58(1)(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.

F105 Sum in reg. 58(1)(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), reg. 1(2)(a), Sch.

F106 Sum in reg. 58(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.

F107 Sums in reg. 58(2)(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.

F108 Sum in reg. 58(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.

F109 Sums in reg. 58(2)(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.

F110 Sum in reg. 58(2)(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), reg. 1(2)(a), Sch.

F111 Sum in reg. 58(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), reg. 1(2)(a), Sch.

F112 Sums in reg. 58(3)(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.

F113 Sum in reg. 58(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), reg. 1(2)(a), Sch.

F114 Sums in reg. 58(3)(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.

F115 Sum in reg. 58(3)(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), reg. 1(2)(a), Sch.

F116 Sum in reg. 58(4)(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.

F117 Sums in reg. 58(4)(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.

F118 Sums in reg. 58(4)(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.

F119 Sum in reg. 58(4)(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.

F120 Sum in reg. 58(5)(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.

F121 Sums 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.

F122 Sums in reg. 58(5)(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.

F123 Sum 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 students E+W

59.—(1) The maximum amount of maintenance grant available to a 2012 cohort student in respect of an academic year is [F124 £3,387].

(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 [F125 £3,387]

(b) where the household income exceeds £25,000 but does not exceed [F126 £42,620] the student receives an amount equal to where—

M is [F126 £3,387]

A is £1 for every complete [F126 £5.28] by which the household income exceeds £25,000; and

(c) where the household income exceeds [F127 £42,620], no maintenance grant is payable.

Textual Amendments

F124 Sum in reg. 59(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.

F125 Sum in reg. 59(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.

F126 Sums in reg. 59(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.

F127 Sum in reg. 59(2)(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), reg. 1(2)(a), Sch.

Amount of the maintenance grant – current system students who are not 2008, 2009 or 2012 cohort students E+W

60.—(1) The maximum amount of maintenance grant available to a current system student who is not a 2008, 2009 or 2012 cohort student in respect of an academic year is—

(a) in the case of a type 1 or type 3 teacher training student, [F128 £1,555];

(b) in the case of a type 2 teacher training student, [F129 £3,110]; and

(c) in the case of a current system student other than a type 1, type 2 or type 3 teacher training student, [F130 £3,110].

(2) A type 1 teacher training student who is not a 2008 or 2009 cohort student and 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 [F131 £1,555];

(b) where the household income exceeds £18,360 but does not exceed [F132 £28,075] the student receives an amount equal to where

M is [F132 £1,555]

A is £1 for every complete [F133 £11.36] by which the household income exceeds £18,360; and

(c) where the household income exceeds [F134 £28,075] or the student opts when applying for the grant not to provide the information needed to calculate the household income, the student receives [F134 £700].

(3) A type 2 teacher training student who is not a 2008 or 2009 cohort student and 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 [F135 £3,110];

(b) where the household income exceeds £18,360 but does not exceed [F136 £28,075], the student receives an amount equal to where—

M is [F136 £3,110]

A is £1 for every complete [F137 £5.68] by which the household income exceeds £18,360; and

(c) where the household income exceeds [F138 £28,075] or the student opts when applying for the grant not to provide the information needed to calculate the household income, the student receives [F138 £1,400].

(4) A type 3 teacher training student who is not a 2008 or 2009 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 £18,360 or less, the student receives [F139 £1,555];

(b) where the household income exceeds £18,360 but does not exceed [F140 £39,571], the student receives an amount equal to where—

M is [F141 £1,555]

A is £1 for every complete [F140 £11.36] by which the household income exceeds £18,360 but does not exceed [F141 £28,075]

B is £1 for every complete [F141 £17.03] by which the household income exceeds [F141 £28,075] but does not exceed [F140 £39,571]; and

(c) where the household income exceeds [F142 £39,571], no maintenance grant is payable.

(5) A current system student other than a 2008, [F143 2009] or 2012 cohort student or a type 1, type 2 or type 3 teacher training 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 [F144 £3,110];

(b) where the household income exceeds £18,360 but does not exceed [F145 £39,571], the student receives an amount equal to where—

M is [F146 £3,110]

A is £1 for every complete [F145 £5.68] by which the household income exceeds £18,360 but does not exceed [F146 £28,075];

B is £1 for every complete [F146 £8.51] by which the household income exceeds [F146 £28,075] but does not exceed [F145 £39,571];

(c) where the household income exceeds [F147 £39,571], no maintenance grant is payable.

Textual Amendments

F128 Sum in reg. 60(1)(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.

F129 Sum in reg. 60(1)(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.

F130 Sum in reg. 60(1)(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), reg. 1(2)(a), Sch.

F131 Sum in reg. 60(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.

F132 Sums in reg. 60(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.

F133 Sums in reg. 60(2)(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.

F134 Sums in reg. 60(2)(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), reg. 1(2)(a), Sch.

F135 Sum in reg. 60(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), reg. 1(2)(a), Sch.

F136 Sums in reg. 60(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), reg. 1(2)(a), Sch.

F137 Sums in reg. 60(3)(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.

F138 Sums in reg. 60(3)(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), reg. 1(2)(a), Sch.

F139 Sum in reg. 60(4)(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.

F140 Sums in reg. 60(4)(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.

F141 Sums in reg. 60(4)(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.

F142 Sum in reg. 60(4)(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.

F143 Word in reg. 60(5) substituted (1.8.2012) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(3), 22

F144 Sum in reg. 60(5)(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.

F145 Sums 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.

F146 Sums in reg. 60(5)(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.

F147 Sum 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 7 E+W SPECIAL SUPPORT GRANTS FOR CURRENT SYSTEM STUDENTS

Qualifying conditions for the special support grant E+W

61.—(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 M57 ; F148 ...

(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 M58 [F149 ; 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 [F150 in accordance with regulation 19(2)]; or

(b) the designated course is an old flexible postgraduate course for the initial training of teachers.

(4) A current system student does not qualify for a special support grant if the current course is the graduate entry accelerated programme.

[F151 (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

F148 Word in reg. 61(2) omitted (29.4.2013) by virtue of The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 54(5)

F149 Reg. 61(2)(c) and word inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 54(5)

F150 Words 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

F151 Reg. 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

M57 1992 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.

M58 There 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 students E+W

62.—(1) The maximum amount of special support grant available to a 2008 cohort student in respect of an academic year is —

(a) in the case of a type 1 or type 3 teacher training student, [F152 £1,555];

(b) in the case of a type 2 teacher training student, [F153 £3,110]; and

(c) in the case of a 2008 cohort student other than a type 1, type 2 or type 3 teacher training student, [F154 £3,110].

(2) A type 1 teacher training student who is a 2008 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 £25,000 or less, the student receives [F155 £1,555];

(b) where the household income exceeds £25,000 but does not exceed [F156 £34,713] the student receives an amount equal to where—

M is [F157 £1,555]

A is £1 for every complete [F156 £11.36] by which the household income exceeds £25,000; and

(c) where the household income exceeds [F158 £34,713] or the student opts when applying for the grant not to provide the information needed to calculate the household income, the student receives [F159 £700].

(3) A type 2 teacher training student who is a 2008 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 £25,000 or less, the student receives [F160 £3,110];

(b) where the household income exceeds £25,000 but does not exceed [F161 £34,713], the student receives an amount equal to where—

M is [F162 £3,110]

A is £1 for every complete [F161 £5.68] by which the household income exceeds £25,000; and

(c) where the household income exceeds [F163 £34,713] or the student opts when applying for the grant not to provide the information needed to calculate the household income, the student receives [F164 £1,400].

(4) A type 3 teacher training student who is a 2008 cohort student 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 [F165 £1,555];

(b) where the household income exceeds £25,000 but does not exceed [F166 £61,047], the student receives an amount equal to where—

M is [F167 £1,555]

A is £1 for every complete [F166 £11.36] by which the household income exceeds £25,000 but does not exceed [F166 £34,713]

B is £1 for every complete [F167 £39.01] by which the household income exceeds [F166 £34,713] but does not exceed [F166 £61,047]; and

(c) where the household income exceeds [F168 £61,047,] no special support grant is payable.

(5) A 2008 cohort student other than a type 1, type 2 or type 3 teacher training student 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 [F169 £3,110];

(b) where the household income exceeds £25,000 but does not exceed [F170 £61,047], the student receives an amount equal to where—

M is [F171 £3,110],

A is £1 for every complete [F170 £5.68] by which the household income exceeds £25,000 but does not exceed [F170 £34,713],

B is £1 for every complete [F171 £19.50] by which the household income exceeds [F170 £34,713] but does not exceed [F170 £61,047]; and

(c) where the household income exceeds [F172 £61,047], no special support grant is payable.

Textual Amendments

F152 Sum in reg. 62(1)(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.

F153 Sum in reg. 62(1)(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.

F154 Sum in reg. 62(1)(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), reg. 1(2)(a), Sch.

F155 Sum in reg. 62(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.

F156 Sums in reg. 62(2)(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.

F157 Sum in reg. 62(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.

F158 Sums in reg. 62(2)(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.

F159 Sum in reg. 62(2)(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), reg. 1(2)(a), Sch.

F160 Sum in reg. 62(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), reg. 1(2)(a), Sch.

F161 Sums in reg. 62(3)(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.

F162 Sum in reg. 62(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), reg. 1(2)(a), Sch.

F163 Sums in reg. 62(3)(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.

F164 Sum in reg. 62(3)(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), reg. 1(2)(a), Sch.

F165 Sum in reg. 62(4)(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.

F166 Sums in reg. 62(4)(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.

F167 Sums in reg. 62(4)(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.

F168 Sum in reg. 62(4)(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.

F169 Sum in reg. 62(5)(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.

F170 Sums 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.

F171 Sums in reg. 62(5)(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.

F172 Sum 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 students E+W

63.—(1) The maximum amount of special support grant available to a 2009 cohort student in respect of an academic year is —

(a) in the case of a type 1 or type 3 teacher training student, [F173 £1,555];

(b) in the case of a type 2 teacher training student, [F174 £3,110]; and

(c) in the case of a 2009 cohort student other than a type 1, type 2 or type 3 teacher training student, [F175 £3,110].

(2) A type 1 teacher training student who is a 2009 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 £25,000 or less, the student receives [F176 £1,555];

(b) where the household income exceeds £25,000 but does not exceed [F177 £34,264] the student receives an amount equal to where—

M is [F178 £1,555]

A is £1 for every complete [F177 £9.70] by which the household income exceeds £25,000; and

(c) where the household income exceeds [F179 £34,264] or the student opts when applying for the grant not to provide the information needed to calculate the household income, the student receives [F180 £600].

(3) A type 2 teacher training student who is a 2009 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 £25,000 or less, the student receives [F181 £3,110];

(b) where the household income exceeds £25,000 but does not exceed [F182 £34,264], the student receives an amount equal to where—

M is [F183 £3,110]

A is £1 for every complete [F182 £4.85] by which the household income exceeds £25,000; and

(c) where the household income exceeds [F184 £34,264] or the student opts when applying for the grant not to provide the information needed to calculate the household income, the student receives [F185 £1,200].

(4) A type 3 teacher training student who is a 2009 cohort student 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 [F186 £1,555];

(b) where the household income exceeds £25,000 but does not exceed [F187 £50,706], the student receives an amount equal to where—

M is [F188 £1,555]

A is £1 for every complete [F187 £9.70] by which the household income exceeds £25,000 but does not exceed [F187 £34,264]

B is £1 for every complete [F188 £28.59] by which the household income exceeds [F187 £34,264] but does not exceed [F187 £50,706]; and

(c) where the household income exceeds [F189 £50,706], no special support grant is payable.

(5) A 2009 cohort student other than a type 1, type 2 or type 3 teacher training student 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 [F190 £3,110];

(b) where the household income exceeds £25,000 but does not exceed [F191 £50,706], the student receives an amount equal to where—

M is [F192 £3,110]

A is £1 for every complete [F191 £4.85] by which the household income exceeds £25,000 but does not exceed [F191 £34,264]

B is £1 for every complete [F192 £14.29] by which the household income exceeds [F191 £34,264] but does not exceed [F191 £50,706]; and

(c) where the household income exceeds [F193 £50,706], no special support grant is payable.

Textual Amendments

F173 Sum in reg. 63(1)(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.

F174 Sum in reg. 63(1)(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.

F175 Sum in reg. 63(1)(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), reg. 1(2)(a), Sch.

F176 Sum in reg. 63(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.

F177 Sums in reg. 63(2)(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.

F178 Sum in reg. 63(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.

F179 Sums in reg. 63(2)(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.

F180 Sum in reg. 63(2)(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), reg. 1(2)(a), Sch.

F181 Sum in reg. 63(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), reg. 1(2)(a), Sch.

F182 Sums in reg. 63(3)(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.

F183 Sum in reg. 63(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), reg. 1(2)(a), Sch.

F184 Sums in reg. 63(3)(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.

F185 Sum in reg. 63(3)(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), reg. 1(2)(a), Sch.

F186 Sum in reg. 63(4)(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.

F187 Sums in reg. 63(4)(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.

F188 Sums in reg. 63(4)(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.

F189 Sum in reg. 63(4)(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.

F190 Sum in reg. 63(5)(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.

F191 Sums 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.

F192 Sums in reg. 63(5)(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.

F193 Sum 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 students E+W

64.—(1) The maximum amount of [F194 special support grant] available to a 2012 cohort student in respect of an academic year is [F195 £3,387].

(2) A 2012 cohort student who qualifies for a [F194 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 [F196 £3,387];

(b) where the household income exceeds £25,000 but does not exceed [F197 £42,620] the student receives an amount equal to where—

M is [F197 £3,387]

A is £1 for every complete [F197 £5.28] by which the household income exceeds £25,000; and

(c) where the household income exceeds [F198 £42,620], no [F194 special support grant] is payable.

Textual Amendments

F194 Words in reg. 64(1)(2) substituted (1.8.2012) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(3), 25

F195 Sum in reg. 64(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.

F196 Sum in reg. 64(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.

F197 Sums in reg. 64(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.

F198 Sum in reg. 64(2)(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), reg. 1(2)(a), Sch.

Amount of the special support grant – current system students who are not 2008, 2009 or 2012 cohort students E+W

65.—(1) The maximum amount of special support grant available to a current system student who is not a 2008, 2009 or 2012 cohort student in respect of an academic year is—

(a) in the case of a type 1 or type 3 teacher training student, [F199 £1,555];

(b) in the case of a type 2 teacher training student, [F200 £3,110]; and

(c) in the case of a current system student other than a type 1, type 2 or type 3 teacher training student, [F201 £3,110].

(2) A type 1 teacher training student who is not a 2008 or 2009 cohort student and 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 [F202 £1,555];

(b) where the household income exceeds £18,360 but does not exceed [F203 £28,075], the student receives an amount equal to where—

M is [F203 £1,555]

A is £1 for every complete [F204 £11.36] by which the household income exceeds £18,360; and

(c) where the household income exceeds [F205 £28,075] or the student opts when applying for the grant not to provide the information needed to calculate the household income, the student receives [F205 £700].

(3) A type 2 teacher training student who is not a 2008 or 2009 cohort student and 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 [F206 £3,110];

(b) where the household income exceeds £18,360 but does not exceed [F207 £28,075], the student receives an amount equal to where—

M is [F207 £3,110]

A is £1 for every complete [F208 £5.68] by which the household income exceeds £18,360; and

(c) where the household income exceeds [F209 £28,075] or the student opts when applying for the grant not to provide the information needed to calculate the household income, the student receives [F209 £1,400].

(4) A type 3 teacher training student who is not a 2008 or 2009 cohort student 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 £18,360 or less, the student receives [F210 £1,555];

(b) where the household income exceeds £18,360 but does not exceed [F211 £39,571], the student receives an amount equal to where—

M is [F212 £1,555]

A is £1 for every complete [F211 £11.36] by which the household income exceeds £18,360 but does not exceed [F212 £28,075]

B is £1 for every complete [F212 £17.03] by which the household income exceeds [F212 £28,075] but does not exceed [F211 £39,571]; and

(c) where the household income exceeds [F213 £39,571], no special support grant is payable.

(5) A current system student other than a 2008, 2009 or 2012 cohort student or a type 1, type 2 or type 3 teacher training 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 [F214 £3,110];

(b) where the household income exceeds £18,360 but does not exceed [F215 £39,571], the student receives an amount equal to where—

M is [F216 £3,110]

A is £1 for every complete [F215 £5.68] by which the household income exceeds £18,360 but does not exceed [F216 £28,075];

B is £1 for every complete [F210 £8.51] by which the household income exceeds [F216 £28,075] but does not exceed [F215 £39,571];

(c) where the household income exceeds [F217 £39,571], no special support grant is payable.

Textual Amendments

F199 Sum in reg. 65(1)(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.

F200 Sum in reg. 65(1)(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.

F201 Sum in reg. 65(1)(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), reg. 1(2)(a), Sch.

F202 Sum in reg. 65(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.

F203 Sums in reg. 65(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.

F204 Sums in reg. 65(2)(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.

F205 Sums in reg. 65(2)(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), reg. 1(2)(a), Sch.

F206 Sum in reg. 65(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), reg. 1(2)(a), Sch.

F207 Sums in reg. 65(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), reg. 1(2)(a), Sch.

F208 Sums in reg. 65(3)(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.

F209 Sums in reg. 65(3)(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), reg. 1(2)(a), Sch.

F210 Sum in reg. 65(4)(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.

F211 Sums in reg. 65(4)(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.

F212 Sums in reg. 65(4)(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.

F213 Sum in reg. 65(4)(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.

F214 Sum in reg. 65(5)(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.

F215 Sums 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.

F216 Sums in reg. 65(5)(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.

F217 Sum 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 8 E+W HIGHER EDUCATION GRANTS FOR OLD SYSTEM STUDENTS

Qualifying conditions for the higher education grant E+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; or

(b) the designated course is an old flexible postgraduate course for the initial training of teachers.

Amount of the higher education grant E+W

67.—(1) The maximum amount of higher education grant available in respect of an academic year is [F218 £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 [F219 £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 [F220 £1,010]

A is £1 for every complete [F220 £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

F218 Sum 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.

F219 Sum 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.

F220 Sums 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+W LOANS FOR LIVING COSTS

CHAPTER 1 E+W QUALIFYING CONDITIONS

Interpretation of Part 6 E+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 [F221 £1,400], the amount of maintenance grant payable;

(ii) where the student qualifies under Chapter 6 of Part 5 for an amount of maintenance grant exceeding [F222 £1,400],[F222 £1,400]; 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) or (b) 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.

Textual Amendments

F221 Sum in reg. 68(b)(i) 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.

F222 Sum in reg. 68(b)(ii) 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.

Qualifying conditions for the loan for living costs – current system students E+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 that student's income whether or not the calculation results in a nil amount in respect of any academic year of the course; or

(d) the current system student is on a course for the initial training of teachers.

(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;

(b) the student is a prisoner; or

(c) the current course is a distance learning course [F223 unless the student is treated as being in attendance on the designated course under regulation 86].

(4) A current system student does not qualify for a loan for living costs in connection with the student's attendance on a designated course if that course is a flexible postgraduate course for the initial training of teachers which is of less than one academic year's duration.

Textual Amendments

F223 Words in reg. 69(3)(c) inserted (1.8.2013) by The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(2)(a), 13

Qualifying conditions for the loan for living costs – old system students E+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 the student's income or a Scottish healthcare allowance the amount of which is calculated by reference to the student's 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.

(5) An old system student does not qualify for a loan for living costs in connection with the student's attendance on a designated course if that course is a flexible postgraduate course for the initial training of teachers which is of less than one academic year's duration.

(6) An old system student does not qualify for a loan for living costs if the student is a prisoner.

CHAPTER 2 E+W MAXIMUM AMOUNTS OF LOANS

General E+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 (other than a 2008, 2009 or 2012 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.

2008 cohort students with full entitlement except type 1 and type 2 teacher training students E+W

72.—(1) This regulation applies to a 2008 cohort student with full entitlement except a type 1 or a type 2 teacher training student.

(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—

• X is—

  (i)

  for a student in category A, [F224 £3,709];

  (ii)

  for a student in category B, [F225 £6,709];

  (iii)

  for a student in category C, [F226 £5,709];

  (iv)

  for a student in category D, [F227 £4,792];

• Subject to paragraph (4), Y is £1 for every complete [F228 £9.17] by which the household income exceeds £61,062.

(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—

• X is—

  (i)

  for a student in category A, [F229 £3,352];

  (ii)

  for a student in category B, [F230 £6,108];

  (iii)

  for a student in category C, [F231 £4,964];

  (iv)

  for a student in category D, [F232 £4,434];

• Subject to paragraph (4), Y is £1 for every complete [F233 £9.17] by which the household income exceeds £61,062.

(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 [F234 £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, [F235 £3,709];

(b) for a student in category B, [F236 £6,709];

(c) for a student in category C, [F237 £5,709];

(d) for a student in category D, [F238 £4,792].

(7) Subject to Chapter 4 of this Part, where the student's household income exceeds [F239 £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, [F240 £3,352];

(b) for a student in category B, [F241 £6,108];

(c) for a student in category C, [F242 £4,964];

(d) for a student in category D, [F243 £4,434].

(8) Subject to Chapter 4 of this Part, where the student's household income is [F244 £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—

• X is—

  (i)

  for a student in category A, [F245 £3,709];

  (ii)

  for a student in category B, [F246 £6,709];

  (iii)

  for a student in category C, [F247 £5,709];

  (iv)

  for a student in category D, [F248 £4,792];

• Y is the maintenance grant amount.

(9) Subject to Chapter 4 of this Part, where the student's household income is [F249 £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—

• X is—

  (i)

  for a student in category A, [F250 £3,352];

  (ii)

  for a student in category B, [F251 £6,108];

  (iii)

  for a student in category C, [F252 £4,964];

  (iv)

  for a student in category D, [F253 £4,434];

• Y is the maintenance grant amount.

Textual Amendments

F224 Sum in reg. 72(2)(i) 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.

F225 Sum in reg. 72(2)(ii) 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.

F226 Sum in reg. 72(2)(iii) 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.

F227 Sum in reg. 72(2)(iv) 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.

F228 Sum in reg. 72(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), reg. 1(2)(a), Sch.

F229 Sum in reg. 72(3)(i) 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.

F230 Sums in reg. 72(3)(ii) 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.

F231 Sums in reg. 72(3)(iii) 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.

F232 Sum in reg. 72(3)(iv) 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.

F233 Sum in reg. 72(3) 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.

F234 Sum 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.

F235 Sum in reg. 72(6)(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.

F236 Sum in reg. 72(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), reg. 1(2)(a), Sch.

F237 Sum in reg. 72(6)(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), reg. 1(2)(a), Sch.

F238 Sum in reg. 72(6)(d) 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.

F239 Sum 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.

F240 Sum in reg. 72(7)(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.

F241 Sum in reg. 72(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), reg. 1(2)(a), Sch.

F242 Sum in reg. 72(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), reg. 1(2)(a), Sch.

F243 Sum in reg. 72(7)(d) 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.

F244 Sum 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.

F245 Sum in reg. 72(8)(i) 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.

F246 Sum in reg. 72(8)(ii) 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.

F247 Sum in reg. 72(8)(iii) 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.

F248 Sum in reg. 72(8)(iv) 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.

F249 Sum 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.

F250 Sum in reg. 72(9)(i) 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.

F251 Sum in reg. 72(9)(ii) 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.

F252 Sum in reg. 72(9)(iii) 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.

F253 Sum in reg. 72(9)(iv) 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.

Type 1 and type 2 teacher training students who are 2008 cohort students E+W

73.—(1) This regulation applies to a 2008 cohort student who is a type 1 or a type 2 teacher training student with full entitlement.

(2) Subject to Chapter 4 of this Part and paragraph (5), 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, [F254 £3,709];

  (ii)

  for a student in category B, [F255 £6,709];

  (iii)

  for a student in category C, [F256 £5,709];

  (iv)

  for a student in category D, [F257 £4,792];

• Y is the maintenance grant amount;

• Subject to paragraph (4), Z is £1 for every complete [F258 £9.17] by which the household income exceeds £61,062.

(3) Subject to Chapter 4 of this Part and paragraph (5), 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, [F259 £3,352];

  (ii)

  for a student in category B, [F260 £6,108];

  (iii)

  for a student in category C, [F261 £4,964];

  (iv)

  for a student in category D, [F262 £4,434];

• Y is the maintenance grant amount;

• Subject to paragraph (4), Z is £1 for every complete [F263 £9.17] by which the household income exceeds £61,062.

(4) Where the same household income is used to assess the amount of a statutory award for which two or more persons qualify, Z in paragraphs (2) and (3) must be divided by the number of such persons before being deducted from X.

(5) Where the sum of the maximum loan for living costs calculated in accordance with paragraph (2) or (3) and Y is less than the minimum level for the academic year specified in regulation 105, the loan for living costs payable in respect of an academic year to which this regulation applies is calculated as where—

• A is the minimum level for the academic year specified in regulation 105

• B is—

  (i)

  for a type 1 teacher training student who qualifies under Chapter 6 of Part 5 for a maintenance grant, [F264 £700];

  (ii)

  for a type 2 teacher training student who qualifies under Chapter 6 or Part 5 for a maintenance grant, [F265 £1,400]; or

  (iii)

  where no maintenance grant is payable, nil.

(6) In this regulation, “the maintenance grant amount” is—

(a) where the student is a type 1 teacher training student and qualifies under Chapter 6 of Part 5 for an amount of maintenance grant of [F266 £700] or more, but not exceeding [F266 £1,400], the amount of maintenance grant payable;

(b) where the student is a type 2 teacher training student and qualifies under Chapter 6 of Part 5 for an amount of maintenance grant of [F267 £1,400], [F267 £1,400];

(c) where the student is a type 1 or a type 2 teacher training student and qualifies under Chapter 6 of Part 5 for an amount of maintenance grant exceeding [F268 £1,400], [F268 £1,400]; and

(d) where no maintenance grant is payable, nil.

Textual Amendments

F254 Sum in reg. 73(2)(i) 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.

F255 Sum in reg. 73(2)(ii) 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.

F256 Sum in reg. 73(2)(iii) 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.

F257 Sum in reg. 73(2)(iv) 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.

F258 Sum in reg. 73(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), reg. 1(2)(a), Sch.

F259 Sum in reg. 73(3)(i) 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.

F260 Sum in reg. 73(3)(ii) 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.

F261 Sum in reg. 73(3)(iii) 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.

F262 Sum in reg. 73(3)(iv) 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.

F263 Sum in reg. 73(3) 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.

F264 Sum in reg. 73(5)(i) 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.

F265 Sum in reg. 73(5)(ii) 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.

F266 Sums in reg. 73(6)(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.

F267 Sum in reg. 73(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), reg. 1(2)(a), Sch.

F268 Sum in reg. 73(6)(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), reg. 1(2)(a), Sch.

2009 cohort students with full entitlement except type 1 and type 2 teacher training students E+W

74.—(1) This regulation applies to a 2009 cohort student with full entitlement except a type 1 or a type 2 teacher training student.

(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—

• X is—

  (i)

  for a student in category A, [F269 £3,876];

  (ii)

  for a student in category B, [F270 £6,997];

  (iii)

  for a student in category C, [F271 £5,953];

  (iv)

  for a student in category D, [F272 £5,000];

• Subject to paragraph (4), Y is £1 for every complete [F273 £4.95] by which the household income exceeds £50,778.

(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, [F274 £3,517];

(ii)

for a student in category B, [F275 £6,370];

(iii)

for a student in category C, [F276 £5,176];

(iv)

for a student in category D, [F277 £4,628];

Subject to paragraph (4), Y is £1 for every complete [F278 £4.95] 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 [F279 £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, [F280 £3,876];

(b) for a student in category B, [F281 £6,997];

(c) for a student in category C, [F282 £5,953];

(d) for a student in category D, [F283 £5,000].

(7) Subject to Chapter 4 of this Part, where the student's household income exceeds [F284 £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, [F285 £3,517];

(b) for a student in category B, [F286 £6,370];

(c) for a student in category C, [F287 £5,176];

(d) for a student in category D, [F288 £4,628].

(8) Subject to Chapter 4 of this Part, where the student's household income is [F289 £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—

• X is—

  (i)

  for a student in category A, [F290 £3,876];

  (ii)

  for a student in category B, [F291 £6,997];

  (iii)

  for a student in category C, [F292 £5,953];

  (iv)

  for a student in category D, [F293 £5,000];

• Y is the maintenance grant amount.

(9) Subject to Chapter 4 of this Part, where the student's household income is [F294 £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—

• X is—

  (i)

  for a student in category A, [F295 £3,517];

  (ii)

  for a student in category B, [F296 £6,370];

  (iii)

  for a student in category C, [F297 £5,176];

  (iv)

  for a student in category D, [F298 £4,628];

• Y is the maintenance grant amount.

(10) In this regulation, the “maintenance grant amount” is—

(a) where the student is not a type 3 teacher training student and qualifies under Chapter 6 of Part 5 for a maintenance grant, half the amount of the maintenance grant payable;

(b) where the student is a type 3 teacher training student and qualifies under Chapter 6 of Part 5 for a maintenance grant, the amount of maintenance grant payable; and

(c) where no maintenance grant is payable, nil.

Textual Amendments

F269 Sum in reg. 74(2)(i) 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.

F270 Sum in reg. 74(2)(ii) 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.

F271 Sum in reg. 74(2)(iii) 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.

F272 Sum in reg. 74(2)(iv) 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.

F273 Sum in reg. 74(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), reg. 1(2)(a), Sch.

F274 Sum in reg. 74(3)(i) 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.

F275 Sum in reg. 74(3)(ii) 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.

F276 Sum in reg. 74(3)(iii) 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.

F277 Sum in reg. 74(3)(iv) 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.

F278 Sum in reg. 74(3) 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.

F279 Sum 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.

F280 Sum in reg. 74(6)(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.

F281 Sum in reg. 74(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), reg. 1(2)(a), Sch.

F282 Sum in reg. 74(6)(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), reg. 1(2)(a), Sch.

F283 Sum in reg. 74(6)(d) 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.

F284 Sum 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.

F285 Sum in reg. 74(7)(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.

F286 Sum in reg. 74(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), reg. 1(2)(a), Sch.

F287 Sum in reg. 74(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), reg. 1(2)(a), Sch.

F288 Sum in reg. 74(7)(d) 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.

F289 Sum 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.

F290 Sum in reg. 74(8)(i) 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.

F291 Sum in reg. 74(8)(ii) 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.

F292 Sum in reg. 74(8)(iii) 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.

F293 Sum in reg. 74(8)(iv) 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.

F294 Sum 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.

F295 Sum in reg. 74(9)(i) 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.

F296 Sum in reg. 74(9)(ii) 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.

F297 Sum in reg. 74(9)(iii) 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.

F298 Sum in reg. 74(9)(iv) 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.

Type 1 and type 2 teacher training students who are 2009 cohort students E+W

75.—(1) This regulation applies to a 2009 cohort student who is a type 1 or a type 2 teacher training student with full entitlement.

(2) Subject to Chapter 4 of this Part and paragraph (5), 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, [F299 £3,876];

  (ii)

  for a student in category B, [F300 £6,997];

  (iii)

  for a student in category C, [F301 £5,953];

  (iv)

  for a student in category D, [F302 £5,000];

• For a type 1 teacher training student Y is the maintenance grant amount.

• For a type 2 teacher training student Y is—

  (v)

  the maintenance grant amount; and

  (vi)

  £1 for every complete [F303 £27.52] by which the household income exceeds [F304 £34,264] but does not exceed £50,778, for a student who qualifies for a maintenance grant under Chapter 6 of Part 5.

  (vii)

  Subject to paragraph (4), Z is £1 for every complete [F305 £4.95] by which the household income exceeds £50,778.

(3) Subject to Chapter 4 of this Part and paragraph (5), 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, [F306 £3,517];

  (ii)

  for a student in category B, [F307 £6,370];

  (iii)

  for a student in category C, [F308 £5,176];

  (iv)

  for a student in category D, [F309 £4,628];

• For a type 1 teacher training student Y is the maintenance grant amount.

• For a type 2 teacher training student Y is—

  (v)

  the maintenance grant amount; and

  (vi)

  £1 for every complete [F310 £27.52] by which the household income exceeds [F311 £34,264] but does not exceed £50,778, for a student who qualifies for a maintenance grant under Chapter 6 of Part 5.

  (vii)

  Subject to paragraph (4), Z is £1 for every complete [F312 £4.95] by which the household income exceeds £50,778.

(4) Where the same household income is used to assess the amount of a statutory award for which two or more persons qualify, Z in paragraphs (2) and (3) must be divided by the number of such persons before being deducted from X.

(5) Where the sum of the maximum loan for living costs calculated in accordance with paragraph (2) or (3) and B is less than the minimum level for the academic year specified in regulation 105, the loan for living costs payable in respect of an academic year to which this regulation applies is calculated as where—

• A is the minimum level for the academic year specified in regulation 105

• B is—

  (i)

  for a type 1 teacher training student who qualifies under Chapter 6 of Part 5 for a maintenance grant, [F313 £600];

  (ii)

  for a type 2 teacher training student who qualifies under Chapter 6 of Part 5 for a maintenance grant, [F314 £1,200]; or

  (iii)

  where no maintenance grant is payable, nil.

(6) In this regulation, “the maintenance grant amount” is—

(a) where the student is a type 1 teacher training student and qualifies under Chapter 6 of Part 5 for an amount of maintenance grant of [F315 £600] or more, the amount of maintenance grant payable;

(b) where the student is a type 2 teacher training student and qualifies under Chapter 6 of Part 5 for an amount of maintenance grant of [F316 £1,200] or more, half the amount of maintenance grant payable; and

(c) where no maintenance grant is payable, nil.

Textual Amendments

F299 Sum in reg. 75(2)(i) 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.

F300 Sum in reg. 75(2)(ii) 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.

F301 Sum in reg. 75(2)(iii) 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.

F302 Sum in reg. 75(2)(iv) 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.

F303 Sum in reg. 75(2)(vi) 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.

F304 Sums in reg. 75(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), reg. 1(2)(a), Sch.

F305 Sum in reg. 75(2)(vii) 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.

F306 Sum in reg. 75(3)(i) 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.

F307 Sum in reg. 75(3)(ii) 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.

F308 Sum in reg. 75(3)(iii) 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.

F309 Sum in reg. 75(3)(iv) 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.

F310 Sum in reg. 75(3)(vi) 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.

F311 Sums in reg. 75(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), reg. 1(2)(a), Sch.

F312 Sum in reg. 75(3)(vii) 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.

F313 Sum in reg. 75(5)(i) 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.

F314 Sum in reg. 75(5)(ii) 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.

F315 Sum in reg. 75(6)(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.

F316 Sum in reg. 75(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), reg. 1(2)(a), Sch.

2012 cohort students with full entitlement E+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—

• X is—

  (i)

  for a student in category A, [F317 £4,418];

  (ii)

  for a student in category B, [F318 £7,751];

  (iii)

  for a student in category C, [F319 £6,600];

  (iv)

  for a student in category D, [F320 £5,555];

• Subject to paragraph (4), Y is £1 for every complete [F321 £9.90] by which the household income exceeds £42,875.

(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—

• X is—

  (i)

  for a student in category A, [F322 £4,060];

  (ii)

  for a student in category B, [F323 £7,059];

  (iii)

  for a student in category C, [F324 £5,736];

  (iv)

  for a student in category D, [F325 £5,166];

• Subject to paragraph (4), Y is £1 for every complete [F326 £9.90] by which the household income exceeds £42,875.

(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 [F327 £42,620] 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, [F328 £4,418];

(b) for a student in category B, [F329 £7,751];

(c) for a student in category C, [F330 £6,600];

(d) for a student in category D, [F331 £5,555].

(7) Subject to Chapter 4 of this Part, where the student's household income exceeds [F332 £42,620] 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, [F333 £4,060];

(b) for a student in category B, [F334 £7,059];

(c) for a student in category C, [F335 £5,736];

(d) for a student in category D, [F336 £5,166].

(8) Subject to Chapter 4 of this Part, where the student's household income is [F337 £42,620] 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—

• X is—

  (i)

  for a student in category A, [F338 £4,418];

  (ii)

  for a student in category B, [F339 £7,751];

  (iii)

  for a student in category C, [F340 £6,600];

  (iv)

  for a student in category D, [F341 £5,555];

• Y is the maintenance grant amount.

(9) Subject to Chapter 4 of this Part, where the student's household income is [F342 £42,620] 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—

• X is—

  (i)

  for a student in category A, [F343 £4,060];

  (ii)

  for a student in category B, [F344 £7,059];

  (iii)

  for a student in category C, [F345 £5,736];

  (iv)

  for a student in category D, [F346 £5,166];

• Y is the maintenance grant amount.

(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

F317 Sum in reg. 76(2)(i) 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.

F318 Sum in reg. 76(2)(ii) 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.

F319 Sum in reg. 76(2)(iii) 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.

F320 Sum in reg. 76(2)(iv) 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.

F321 Sum in reg. 76(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), reg. 1(2)(a), Sch.

F322 Sum in reg. 76(3)(i) 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.

F323 Sum in reg. 76(3)(ii) 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.

F324 Sum in reg. 76(3)(iii) 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.

F325 Sum in reg. 76(3)(iv) 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.

F326 Sum in reg. 76(3) 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.

F327 Sum in reg. 76(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), reg. 1(2)(a), Sch.

F328 Sum in reg. 76(6)(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.

F329 Sum in reg. 76(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), reg. 1(2)(a), Sch.

F330 Sum in reg. 76(6)(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), reg. 1(2)(a), Sch.

F331 Sum in reg. 76(6)(d) 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.

F332 Sum in reg. 76(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), reg. 1(2)(a), Sch.

F333 Sum in reg. 76(7)(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.

F334 Sum in reg. 76(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), reg. 1(2)(a), Sch.

F335 Sum in reg. 76(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), reg. 1(2)(a), Sch.

F336 Sum in reg. 76(7)(d) 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.

F337 Sum in reg. 76(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), reg. 1(2)(a), Sch.

F338 Sum in reg. 76(8)(i) 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.

F339 Sum in reg. 76(8)(ii) 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.

F340 Sum in reg. 76(8)(iii) 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.

F341 Sum in reg. 76(8)(iv) 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.

F342 Sum in reg. 76(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), reg. 1(2)(a), Sch.

F343 Sum in reg. 76(9)(i) 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.

F344 Sum in reg. 76(9)(ii) 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.

F345 Sum in reg. 76(9)(iii) 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.

F346 Sum in reg. 76(9)(iv) 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.

Current system students with full entitlement who are not 2008, 2009 or 2012 cohort students E+W

77.—(1)  This regulation applies to a current system student with full entitlement (other than a 2008 or 2009 cohort student or, where the student's contribution exceeds nil, a type 1 or type 2 teacher training 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, [F347 £3,709];

  (ii)

  for a student in category B, [F348 £6,709];

  (iii)

  for a student in category C, [F349 £5,709];

  (iv)

  for a student in category D, [F350 £4,792];

• 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, [F351 £3,352];

  (ii)

  for a student in category B, [F352 £6,108];

  (iii)

  for a student in category C, [F353 £4,964];

  (iv)

  for a student in category D, [F354 £4,434];

• Y is the maintenance grant amount.

Textual Amendments

F347 Sum in reg. 77(2)(i) 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.

F348 Sum in reg. 77(2)(ii) 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.

F349 Sum in reg. 77(2)(iii) 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.

F350 Sum in reg. 77(2)(iv) 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.

F351 Sum in reg. 77(3)(i) 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.

F352 Sum in reg. 77(3)(ii) 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.

F353 Sum in reg. 77(3)(iii) 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.

F354 Sum in reg. 77(3)(iv) 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.

Type 1 and type 2 teacher training students who are not 2008 or 2009 cohort students E+W

78.—(1) This regulation applies to a current system student with full entitlement who is a type 1 or type 2 teacher training student whose contribution exceeds nil, and who is not a 2008 or 2009 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 accelerated course is—

(a) for a student in category A, [F355 £3,709];

(b) for a student in category B, [F356 £6,709];

(c) for a student in category C, [F357 £5,709];

(d) for a student in category D, [F358 £4,792].

(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 accelerated course is—

(a) for a student in category A, [F359 £3,352];

(b) for a student in category B, [F360 £6,108];

(c) for a student in category C, [F361 £4,964];

(d) for a student in category D, [F362 £4,434].

Textual Amendments

F355 Sum in reg. 78(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.

F356 Sum in reg. 78(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.

F357 Sum in reg. 78(2)(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), reg. 1(2)(a), Sch.

F358 Sum in reg. 78(2)(d) 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.

F359 Sum in reg. 78(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), reg. 1(2)(a), Sch.

F360 Sum in reg. 78(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), reg. 1(2)(a), Sch.

F361 Sum in reg. 78(3)(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), reg. 1(2)(a), Sch.

F362 Sum in reg. 78(3)(d) 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.

Old system students with full entitlement E+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, [F363 £3,709];

(b) for a student in category B, [F364 £6,709];

(c) for a student in category C, [F365 £5,709];

(d) for a student in category D, [F366 £4,792].

(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, [F367 £3,352];

(b) for a student in category B, [F368 £6,108];

(c) for a student in category C, [F369 £4,964];

(d) for a student in category D, [F370 £4,434].

Textual Amendments

F363 Sum in reg. 79(1)(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.

F364 Sum in reg. 79(1)(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.

F365 Sum in reg. 79(1)(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), reg. 1(2)(a), Sch.

F366 Sum in reg. 79(1)(d) 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.

F367 Sum in reg. 79(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.

F368 Sum in reg. 79(2)(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), reg. 1(2)(a), Sch.

F369 Sum in reg. 79(2)(d) 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.

F370 Sum in reg. 79(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.

Students with reduced entitlement E+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 regulation 38(4)(b) or (6)—

(i) for a student in category A, [F371 £1,761];

(ii) for a student in category B, [F372 £3,295];

(iii) for a student in category C, [F373 £2,807];

(iv) for a student in category D, [F374 £2,347].

(c) where the student, other than a 2009 or 2012 cohort student, applies for a loan for living costs and opts not to provide the information needed to calculate the household income an amount equal to where—

X is—

(i) for a student in category A, [F375 £2,781];

(ii) for a student in category B, [F376 £5,031];

(iii) for a student in category C, [F377 £4,281];

(iv) for a student in category D, [F378 £3,594];

Y is the amount specified in paragraph (3).

(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 an amount equal to where—

X is—

(i) for a student in category A, [F379 £2,790];

(ii) for a student in category B, [F380 £5,037];

(iii) for a student in category C, [F381 £4,286];

(iv) for a student in category D, [F382 £3,600];

Y is the amount specified in paragraph (4).

(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, [F383 £2,871];

(ii) for a student in category B, [F384 £5,038];

(iii) for a student in category C, [F385 £4,290];

(iv) for a student in category D, [F386 £3,610].

(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 regulation 38(4)(b) or (6)—

(i) for a student in category A, [F387 £1,337];

(ii) for a student in category B, [F388 £2,522];

(iii) for a student in category C, [F389 £2,051];

(iv) for a student in category D, [F390 £1,829];

(c) where the student, other than a 2009 or 2012 cohort student, applies for a loan for living costs and opts not to provide the information needed to calculate the household income an amount equal to where—

X is—

(i) for a student in category A, [F391 £2,514];

(ii) for a student in category B, [F392 £4,581];

(iii) for a student in category C, [F393 £3,723];

(iv) for a student in category D, [F394 £3,325];

Y is the amount specified in paragraph (3);

(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 an amount equal to where—

X is—

(i) for a student in category A, [F395 £2,532];

(ii) for a student in category B, [F396 £4,586];

(iii) for a student in category C, [F397 £3,726];

(iv) for a student in category D, [F398 £3,332];

Y is the amount specified in paragraph (4).

(e) where a 2012 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, [F399 £2,639];

(ii) for a student in category B, [F400 £4,588];

(iii) for a student in category C, [F401 £3,728];

(iv) for a student in category D, [F402 £3,357].

(3) The amount specified in this paragraph is—

(a) [F403 £700] where the student is a type 1 teacher training student who opts not to provide the information needed to calculate the household income when applying for a maintenance grant and who qualifies for a maintenance grant of [F403 £700];

(b) [F404 £1,400] where the student is a type 2 teacher training student who opts not to provide the information needed to calculate the household income when applying for a maintenance grant and who qualifies for a maintenance grant of [F404 £1,400];

(c) nil where the student is not a type 1 or type 2 teacher training student.

(4) The amount specified in this paragraph is—

(a) [F405 £600] where the student is a type 1 teacher training student who opts not to provide the information needed to calculate the household income when applying for a maintenance grant and who qualifies for a maintenance grant of [F405 £600];

(b) [F406 £1,200] where the student is a type 2 teacher training student who opts not to provide the information needed to calculate the household income when applying for a maintenance grant and who qualifies for a maintenance grant of [F406 £1,200];

(c) nil where the student is not a type 1 or type 2 teacher training student.

Textual Amendments

F371 Sum in reg. 80(1)(b)(i) 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.

F372 Sum in reg. 80(1)(b)(ii) 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.

F373 Sum in reg. 80(1)(b)(iii) 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.

F374 Sum in reg. 80(1)(b)(iv) 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.

F375 Sum in reg. 80(1)(c)(i) 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.

F376 Sum in reg. 80(1)(c)(ii) 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.

F377 Sum in reg. 80(1)(c)(iii) 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.

F378 Sum in reg. 80(1)(c)(iv) 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.

F379 Sum in reg. 80(1)(d)(i) 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.

F380 Sum in reg. 80(1)(d)(ii) 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.

F381 Sum in reg. 80(1)(d)(iii) 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.

F382 Sum in reg. 80(1)(d)(iv) 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.

F383 Sum in reg. 80(1)(e)(i) 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.

F384 Sum in reg. 80(1)(e)(ii) 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.

F385 Sum in reg. 80(1)(e)(iii) 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.

F386 Sum in reg. 80(1)(e)(iv) 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.

F387 Sum in reg. 80(2)(b)(i) 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.

F388 Sum in reg. 80(2)(b)(ii) 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.

F389 Sum in reg. 80(2)(b)(iii) 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.

F390 Sum in reg. 80(2)(b)(iv) 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.

F391 Sum in reg. 80(2)(c)(i) 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.

F392 Sum in reg. 80(2)(c)(ii) 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.

F393 Sum in reg. 80(2)(c)(iii) 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.

F394 Sum in reg. 80(2)(c)(iv) 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.

F395 Sum in reg. 80(2)(d)(i) 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.

F396 Sum in reg. 80(2)(d)(ii) 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.

F397 Sum in reg. 80(2)(d)(iii) 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.

F398 Sum in reg. 80(2)(d)(iv) 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.

F399 Sum in reg. 80(2)(e)(i) 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.

F400 Sum in reg. 80(2)(e)(ii) 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.

F401 Sum in reg. 80(2)(e)(iii) 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.

F402 Sum in reg. 80(2)(e)(iv) 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.

F403 Sum in reg. 80(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), reg. 1(2)(a), Sch.

F404 Sum in reg. 80(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), reg. 1(2)(a), Sch.

F405 Sum in reg. 80(4)(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.

F406 Sum in reg. 80(4)(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.

CHAPTER 3 E+W LONG COURSES LOAN

Long courses loan E+W

81.—(1) A 2008, 2009 or 2012 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—

• X is calculated in accordance with paragraph (3),

• Y is calculated in accordance with paragraph (4);

(3) Where a 2008, 2009 or 2012 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 or 2012 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, [F407 £55];

(b) for a student in category B, [F408 £107];

(c) for a student in category C, [F409 £116];

(d) for a student in category D, [F410 £84].

(6) A deduction from the amount of long courses loan calculated in accordance with this regulation may be made in accordance with Part 8.

Textual Amendments

F407 Sum in reg. 81(5)(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.

F408 Sum in reg. 81(5)(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.

F409 Sum in reg. 81(5)(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), reg. 1(2)(a), Sch.

F410 Sum in reg. 81(5)(d) 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.

CHAPTER 4 E+W MISCELLANEOUS

Quarters in respect of which the loan for living costs is payable E+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 category E+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 parents E+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 year E+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 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.

Students who are treated as in attendance on a course E+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 F411 ... 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

F411 Words in reg. 86(2)(c)(ii) omitted (1.8.2013) by virtue of The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(3), 14

Increases in maximum amount E+W

87.—(1) This regulation does not apply in the case of a 2008, 2009 or 2012 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, [F412 £55];

(b) for a student in category B, [F413 £107];

(c) for a student in category C, [F414 £116];

(d) for a student in category D, [F415 £84].

Textual Amendments

F412 Sum in reg. 87(4)(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.

F413 Sum in reg. 87(4)(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.

F414 Sum in reg. 87(4)(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), reg. 1(2)(a), Sch.

F415 Sum in reg. 87(4)(d) 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.

Deductions from loans for living costs E+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 or 2012 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 or 2012 cohort student or a student with reduced entitlement.

Applying for an additional amount of loan for living costs or long courses loan E+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 student E+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 7 E+W COLLEGE FEE LOANS

General E+W

91.  An eligible student or person treated as an eligible student qualifies for a college fee loan in connection with the student's attendance on a qualifying course in accordance with this Part.

Qualifying conditions E+W

92.—(1) Subject to paragraphs (2) and (3), an eligible student or person treated as an eligible student qualifies for a college fee loan in connection with the student's attendance on a qualifying course if the student—

(a) has an honours degree from an institution in the United Kingdom;

(b) is taking a qualifying course which the student—

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

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

(c) is a member of a college or a permanent private hall of the University of Oxford or a member of a college of the University of Cambridge; and

(d) was under the age of 60 on the first day of the first academic year of the qualifying course.

(2) An eligible student who falls within paragraph 9 of Part 2 of Schedule 1 does not qualify for a college fee loan under this Part if the student is ordinarily resident in Wales or Northern Ireland.

(3) An eligible student who falls within paragraph 9 of Part 2 of Schedule 1 and who is ordinarily resident in Scotland does not qualify for a college fee loan if the student is settled in the United Kingdom other than by reason of having acquired the right of permanent residence or if the student is the family member of such a person.

Persons to be treated as eligible students E+W

93.  A person is a “person treated as an eligible student” if—

(a) none of the circumstances in regulation 4(3) applies to that person; and

(b) either—

(i) that person would have fallen within paragraph 3, 6, 7, 10 or 11 of Part 2 of Schedule 1 if any requirement in those paragraphs to be ordinarily resident in England at a particular time had been a requirement to be ordinarily resident in Scotland at that time or if any requirement to be working or self-employed in England had been a requirement to be working or self-employed in Scotland; or

(ii) that person is settled in the United Kingdom by virtue of a right of permanent residence and would have fallen within paragraph 8 of Part 2 of Schedule 1 if the requirement in that paragraph to be ordinarily resident in England at a particular time had been a requirement to be ordinarily resident in Scotland.

Disabled students E+W

94.  A disabled student who is undertaking a qualifying course (other than a distance learning course) in the United Kingdom but who is not in attendance because the student is unable to attend for a reason which relates to that student's disability is treated as being in attendance on the qualifying course for the purpose of qualifying for the college fee loan.

Students becoming eligible during the course of an academic year E+W

95.—(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 college fee loan 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) a college fee loan is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.

(2) The relevant events are—

(a) the student, or the student's spouse, civil partner or the student's parent is recognised as a refugee or becomes a person granted humanitarian protection;

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

(c) the student becomes a family member (as defined in Part 1 of Schedule 1) of an EU national or would have become a family member of an EU national if the requirement to be working or self-employed in England had been a requirement to be working or self-employed in Scotland;

(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 would have become such a person if the requirement to be ordinarily resident in England and the requirement to be working or self-employed in England in paragraph 6 of Schedule 1 had been requirements to be ordinarily resident in Scotland or working or self-employed in Scotland;

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

Availability of college fee loans E+W

96.—(1) A college fee loan is available in respect of each standard academic year of the qualifying course and in respect of one academic year of the qualifying course that is not a standard academic year.

(2) Where a qualifying student is allowed to study the content of one standard academic year of the qualifying course over two or more academic years, for the purpose of determining whether a college fee loan is available to the qualifying student for those years, the first of such years of study is to be treated as a standard academic year and the following academic years of that kind are to be treated as academic years that are not standard academic years.

(3) For the purposes of this Part, “standard academic year” means an academic year of the qualifying course that would be taken by a person who does not repeat any part of the course and who enters the course at the same point as the qualifying student.

Amount of college fee loan E+W

97.—(1) The amount of the college fee loan in respect of an academic year of a qualifying course must not exceed the amount equal to the college fees payable by the student to the college or permanent private hall in connection with that year.

(2) Where a qualifying student has applied for a college fee loan of less than the maximum amount available 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 maximum amount available.

Transfers E+W

98.  Despite regulation 7, where a qualifying student transfers from one qualifying course to another qualifying course—

(a) the Secretary of State must transfer the student's status as a qualifying student to the other course on the request of the student unless the period of eligibility has terminated;

(b) subject to paragraph (c), if the student transfers before the end of the academic year after applying for a college fee loan, the amount applied for is paid to the relevant college or permanent private hall in respect of the qualifying course to which the student transfers provided that the conditions in regulation 115 are met and the student cannot qualify for another college fee loan in respect of that academic year;

(c) if the student transfers after the college fee loan is paid and before the end of the academic year, the student cannot apply for another college fee loan in connection with the academic year of the qualifying course to which the student transfers.

PART 8 E+W FINANCIAL ASSESSMENT

Calculation of contribution E+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.

Application of contribution – 2008, 2009 or 2012 cohort students E+W

100.  In the case of a 2008, 2009 or 2012 cohort student, the Secretary of State must apply the contribution in accordance with regulation 103.

Application of contribution – current system students who are not 2008, 2009 or 2012 cohort students E+W

101.  In the case of a current system student who is not a 2008, 2009 or 2012 cohort student, the Secretary of State must apply the contribution in accordance with regulation 104.

Application of contribution – old system students E+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 or 2012 cohort students E+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.

Order of application – other eligible students E+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 costs E+W

105.—(1) Subject to paragraphs (2) and (7), for a student other than a 2009 or 2012 cohort student, the “minimum level for the academic year” in regulations 72(5), 73(5) and 104(d) is—

(a) [F416 £2,781], in the case of a student in category A;

(b) [F417 £5,031], in the case of a student in category B;

(c) [F418 £4,281], in the case of a student in category C;

(d) [F419 £3,594], in the case of a student in category D.

(2) Subject to paragraph (7), for a student other than a 2009 or 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 72(5), 73(5) and 104(d) is—

(a) [F420 £2,514], in the case of a student in category A;

(b) [F421 £4,581], in the case of a student in category B;

(c) [F422 £3,723], in the case of a student in category C;

(d) [F423 £3,325], 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” in regulations 74(5) and 75(5) is—

(a) [F424 £2,790], in the case of a student in category A;

(b) [F425 £5,037], in the case of a student in category B;

(c) [F426 £4,286], in the case of a student in category C;

(d) [F427 £3,600], 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” in regulations 74(5) and 75(5) is—

(a) [F428 £2,532], in the case of a student in category A;

(b) [F429 £4,586], in the case of a student in category B;

(c) [F430 £3,726], in the case of a student in category C;

(d) [F431 £3,332], 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) [F432 £2,871], in the case of a student in category A;

(b) [F433 £5,038], in the case of a student in category B;

(c) [F434 £4,290], in the case of a student in category C;

(d) [F435 £3,610], 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) [F436 £2,639], in the case of a student in category A;

(b) [F437 £4,588], in the case of a student in category B;

(c) [F438 £3,728], in the case of a student in category C;

(d) [F439 £3,357], 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 (1) to (6) 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) or (6) 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

F416 Sum in reg. 105(1)(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.

F417 Sum in reg. 105(1)(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.

F418 Sum in reg. 105(1)(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), reg. 1(2)(a), Sch.

F419 Sum in reg. 105(1)(d) 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.

F420 Sum in reg. 105(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.

F421 Sum in reg. 105(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.

F422 Sum in reg. 105(2)(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), reg. 1(2)(a), Sch.

F423 Sum in reg. 105(2)(d) 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.

F424 Sum in reg. 105(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), reg. 1(2)(a), Sch.

F425 Sum in reg. 105(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), reg. 1(2)(a), Sch.

F426 Sum in reg. 105(3)(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), reg. 1(2)(a), Sch.

F427 Sum in reg. 105(3)(d) 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.

F428 Sum in reg. 105(4)(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.

F429 Sum in reg. 105(4)(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.

F430 Sum in reg. 105(4)(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), reg. 1(2)(a), Sch.

F431 Sum in reg. 105(4)(d) 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.

F432 Sum in reg. 105(5)(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.

F433 Sum in reg. 105(5)(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.

F434 Sum in reg. 105(5)(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), reg. 1(2)(a), Sch.

F435 Sum in reg. 105(5)(d) 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.

F436 Sum in reg. 105(6)(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.

F437 Sum in reg. 105(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), reg. 1(2)(a), Sch.

F438 Sum in reg. 105(6)(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), reg. 1(2)(a), Sch.

F439 Sum in reg. 105(6)(d) 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.

Amount of loan for living costs payable to certain type 1 and type 2 teacher training students E+W

106.—(1) This regulation applies to type 1 and type 2 teacher training students who qualify for a maintenance grant and whose contribution exceeds nil.

(2) This regulation does not apply to 2008 or 2009 cohort students.

(3) The loan for living costs payable in respect of an academic year to a student to whom this regulation applies is calculated as follows—

• where

• A is the amount of loan for living costs left after applying the contribution in accordance with this Part; and

• B is the amount of maintenance grant payable to the student.

PART 9 E+W PAYMENTS

CHAPTER 1 E+W INTERPRETATION OF PART 9

Interpretation E+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 2 E+W PAYMENT OF GRANTS FOR FEES

Payment of grants for fees E+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 3 E+W PAYMENT OF GRANTS FOR LIVING AND OTHER COSTS

Payment of grants for living and other costs E+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 4 E+W PAYMENT OF LOANS

General E+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;

(c) college fee loans are payable in accordance with regulation 115;

(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.

Provision of United Kingdom national insurance number E+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 requirements E+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 loans E+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.

(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.

Payment of fee contribution loans E+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 loans E+W

115.—(1) The Secretary of State must pay the college fee loan for which a qualifying student qualifies to the college or permanent private hall to which the student is liable to make payment.

(2) The Secretary of State must pay the college fee loan in a single instalment.

(3) The Secretary of State must not pay the college fee loan before—

(a) the Secretary of State has received a request for payment from the college or permanent private hall; and

(b) a period of three months beginning with the first day of the academic year has expired.

(4) A college or permanent private hall is required to send an attendance confirmation to the Secretary of State.

(5) The Secretary of State must not pay the college fee loan until the Secretary of State has received an attendance confirmation from the relevant college or permanent private hall unless the Secretary of State determines that owing to exceptional circumstances, it would be appropriate to make a payment without receiving that confirmation.

(6) The Secretary of State must not make a payment of college fee loan in respect of a qualifying course if—

(a) before the expiry of a period of three months beginning with the first day of the academic year the qualifying student ceases to attend or, in the case of a student who is treated as in attendance under regulation 94, undertake the course; and

(b) the college or permanent private hall has determined or agreed that the student will not begin attending or, as the case may be, undertaking the course in the United Kingdom again during the academic year in respect of which the college fees are payable or at all.

Payment of loans for living costs and long courses loans E+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—

[F440 (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

F440 Reg. 116(15)(a)(b) substituted (1.8.2013) by The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(3), 15

CHAPTER 5 E+W OVERPAYMENTS

Overpayments of fee support E+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.

(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;

(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.

Overpayments of college fee loan E+W

118.—(1) Any overpayment of college fee loan is recoverable by the Secretary of State from—

(a) the college or permanent private hall; or

(b) the student in respect of whom the payment of college fee loan was made.

(2) An overpayment of college 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 college fee loan which remains to be paid;

(b) by requiring the student to repay the college 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.

Overpayments of support payable under Part 5 or Part 6 E+W

119.—(1) An eligible 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 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 eligible 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 eligible 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.

(10) Any overpayment of a loan for living costs or a long courses loan in respect of any academic year may be recovered if in the opinion of the Secretary of State—

(a) the overpayment is a result of a failure of the student to provide promptly information which might affect whether the student qualifies for the loan in question or the amount of the loan in question for which the student qualifies;

(b) any information which the student has provided is inaccurate in a material particular; or

(c) the student has failed to provide information which the Secretary of State considers to be material in the context of the recovery of the loan.

(11) Where an overpayment of a loan for living costs or a long courses loan is recoverable under paragraph (10), it may be recovered 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 [F441 any amount of loan payable to the student from time to time under Part 6];

(b) by taking such other action for the recovery of an overpayment as is available to the Secretary of State.

(12) Where there has been an overpayment of a loan for living costs or long courses loan which is not recoverable under paragraph (10), the Secretary of State may subtract the overpayment from [F442 any amount of loan payable to the student from time to time under Part 6].

Textual Amendments

F441 Words in reg. 119(11)(a) substituted (1.8.2013) by The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(3), 16(a)

F442 Words in reg. 119(12) substituted (1.8.2013) by The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(3), 16(b)

PART 10 E+W SUPPORT FOR DESIGNATED DISTANCE LEARNING COURSES

Eligible distance learning students E+W

120.—(1) An eligible distance learning student qualifies for support in connection with the student undertaking a designated distance learning course subject to and in accordance with this Part.

(2) Subject to paragraphs (3) and (6), a person is an eligible distance learning student in connection with a designated distance learning 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 distance learning student if—

(a) A is eligible to apply for,

(i) a healthcare bursary whether or not the amount of such bursary is calculated by reference to the person's income; or

(ii) any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 2007 M59 ;

(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 (5), A is a prisoner.

(4) For the purposes of paragraphs (3)(b) and (3)(c), “loan” means a loan made under any provision of the student loans legislation.

(5) Paragraph (3)(e) does not apply in respect of an academic year during which the student enters prison or is released from prison.

(6) A person (“A”) is not an eligible distance learning student unless-

(a) A began a designated distance learning course before 1st September 2012 and is continuing that course on or after 1st September 2012;

(b) A transfers to a designated distance learning course on or after 1st September 2012 from a designated distance learning course starting before 1st September 2012; or

(c) A begins a designated distance learning course which is an end on course of the kind described in paragraph (f) of the definition of “end-on course” in regulation 2(1).

(7) 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.

(8) Subject to paragraphs (11) to (13), if a person satisfies the conditions in paragraph (9) or (10)—

(a) paragraphs (2) and (3) do not apply to that person; and

(b) that person is an eligible distance learning student for the purposes of this Part.

(9) The conditions in this paragraph are—

(a) the person qualified as an eligible distance learning student in connection with an earlier academic year of the current designated distance learning course pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act;

(b) the person was not ordinarily resident in Wales on the first day of the current designated distance learning course; and

(c) the person's status as an eligible distance learning student has not terminated.

(10) The conditions in this paragraph are—

(a) the Secretary of State has previously determined that the person is—

(i) an eligible student in connection with a designated course;

(ii) an eligible distance learning student in connection with a designated distance learning course other than the current distance learning course; or

(iii) an eligible part-time student in connection with a designated part-time course;

(b) the person's status as an eligible student, eligible distance learning student or as an eligible part-time student in connection with the course referred to in sub-paragraph (a) has been converted or transferred from that course to the current designated distance learning course as a result of one or more conversions or transfers in accordance with regulations made by the Secretary of State under section 22 of the 1998 Act;

(c) the person was not ordinarily resident in Wales on the first day of the first academic year of the course referred to in sub-paragraph (a); and

(d) the person's status as an eligible distance learning student has not terminated.

(11) 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 distance learning student in connection with an application for support for an earlier year of the current distance learning course or an application for support in connection with a designated course, designated part-time course or other distance learning course from which A's status as an eligible student, eligible part-time student or eligible distance learning student has been transferred to the current distance learning 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 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 M60 ),

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

(12) 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 distance learning student in connection with an application for support for an earlier year of the current distance learning course or an application for support in connection with a designated course, designated part-time course or other distance learning course from which A's status as an eligible student, eligible part-time student or eligible distance learning student has been transferred to the current distance learning 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 distance learning student terminates immediately before the first day of the academic year in respect of which A is applying for support.

(13) Paragraphs (11) and (12) do not apply where the student began the course in connection with which the Secretary of State determined that the person was an eligible student or eligible part-time student, as the case may be, before 1st September 2007.

(14) An eligible distance learning student may not, at any one time, qualify for support for—

(a) more than one designated distance learning course;

(b) a designated distance learning course and a designated course;

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

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

Marginal Citations

M59 S.S.I. 2007/151, amended by S.S.I. 2007/503.

M60 2002 c.41. Section 104 was amended by the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (c.19), Schedules 2 and 4 and the Immigration, Asylum and Nationality Act 2006 (c.13), section 9.

Students becoming eligible during the course of the academic year E+W

121.—(1) Where one of the events listed in paragraph (4) occurs in the course of an academic year—

(a) a student may qualify for a grant in respect of fees in respect of that academic year in accordance with this Part provided that 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) 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 in respect of that academic year in accordance with this Part; and

(b) a grant for books, travel and other expenditure is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.

(3) 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 disabled distance learning students' allowance in respect of that academic year in accordance with this Part; and

(b) disabled distance learning students' allowance 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 distance learning course;

(b) the student or the student's spouse, civil partner or parent is recognised as a refugee or becomes 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 a person described in paragraph 6(1)(a) of Schedule 1;

(h) the student becomes the child of a Swiss national; or

(i) the student becomes the child of a Turkish worker.

Designated distance learning courses E+W

122.—(1) Subject to paragraph (2), a course is designated for the purposes of section 22(1) of the 1998 Act and regulation 120 if—

(a) it is designated by the Secretary of State under this regulation; and

(b) the first academic year on that course began before 1st September 2012.

(2) A distance learning course beginning on or after 1st September 2012 is a designated distance learning course in relation to a student (“A”) for the purposes of section 22(1) of the 1998 Act and regulation 120 if—

(a) A transfers to the course pursuant to regulation 131 on or after 1st September 2012 from a previous designated distance learning course which began before 1st September 2012; or

(b) the course is an end-on course of the kind described in paragraph (f) of the definition of “end on course” in regulation 2(1); and

the course would otherwise be a designated course for the purposes of regulation 5.

(3) Subject to paragraph (5), the Secretary of State may designate a course under this regulation if in the Secretary of State's opinion—

(a) the course is mentioned in Schedule 2 other than a course for the initial training of teachers;

(b) the course is a full-time course;

(c) the course is of at least one academic year's duration; and

(d) students undertaking the course in the United Kingdom are not required to be in attendance on it by the institution or institutions providing the course.

(4) For the purposes of determining whether the requirement in paragraph (3)(d) is satisfied the Secretary of State may disregard—

(a) any requirement imposed by the institution or institutions providing the course to attend any institution for the purposes of—

(i) registration or enrolment;

(ii) an examination;

(b) any requirement imposed by the institution or institutions providing the course to attend any institution on a weekend or during any vacation;

(c) any period of attendance at the institution or institutions providing the course which a student may but is not required to complete by that institution or those institutions.

(5) The Secretary of State may not designate a course as a designated distance learning course if—

(a) it falls within paragraph 7 or 8 of Schedule 2; and

(b) the governing body of a maintained school or Academy has arranged for the provision of the course to a pupil of the school or Academy.

(6) A first degree course is not a designated distance learning 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.

Period of eligibility E+W

123.—(1) A student's status as an eligible distance learning student is retained in connection with a designated distance learning course until the status terminates in accordance with this regulation or regulation 120.

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

(3) Subject to the following paragraphs and regulation 120, the period of eligibility terminates at the end of the academic year in which the eligible distance learning student completes the designated distance learning course.

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

(a) withdraws from A's designated distance learning course in circumstances where the Secretary of State has not transferred or converted or will not transfer or convert A's status under regulation 131, 132, 151 or 152; or

(b) abandons or is expelled from A's designated distance learning 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 distance learning 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 135.

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

Support for distance learning courses E+W

124.—(1) For the purposes of this regulation, the support available is—

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

(i) [F443 £1,285]; and

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

(b) a grant not exceeding [F444 £280] for books, travel and other expenditure in connection with the designated distance learning course.

(2) An eligible distance learning student does not qualify for support 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 distance learning student does not qualify for support under this regulation unless the Secretary of State considers that the student is undertaking the designated distance learning course in England [F445 on the first day of the first academic year].

[F446 (3A) A student undertaking a designated distance learning course will no longer qualify for support in respect of that course if, after the first day of the first academic year, the Secretary of State considers that the student is undertaking the course outside the United Kingdom.]

(4) An eligible distance learning student does not qualify for support under this regulation if the student has undertaken one or more distance learning 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 distance learning 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 distance learning 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 M61 ; or

(c) a loan in respect of an academic year of a distance learning course made pursuant to regulations made under sections 73(f), 73B and 74(1) of the Education (Scotland) Act 1980 M62 .

(6) An eligible distance learning student does not qualify for support under this regulation if—

(a) the distance learning course leads to an equivalent or lower qualification where the current course begins on or after 1st September 2009; or

(b) the student holds an honours degree from an educational institution in the United Kingdom where—

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

(ii) the current distance learning course begins on or after 1st September 2009 where the student transfers to the current course pursuant to regulation 131 from a distance learning course which began before 1st September 2009.

Textual Amendments

F443 Sum in reg. 124(1)(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.

F444 Sum in reg. 124(1)(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.

F445 Words in reg. 124(3) inserted (1.8.2012) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(3), 27(a)

F446 Reg. 124(3A) inserted (1.8.2012) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(3), 27(b)

Marginal Citations

M61 S.I. 1998/1760 (N.I. 14), to which there are amendments not relevant to these Regulations.

M62 1980 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 73B was inserted by section 29(2) of the Teaching and Higher Education Act 1998 and was amended by section 34(1) of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3). 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).

Amount of support for designated distance learning courses E+W

125.—(1) Subject to paragraph (2) and regulation 131(6), the amount of support payable in respect of an academic year is determined as follows—

(a) if at the date of the eligible distance learning student's application the student or the student's partner is entitled—

(i) under Part VII of the Social Security Contributions and Benefits Act 1992 M63 to income support [F447 or] housing benefit F448 ...;

(ii) under Part 1 of the Jobseekers Act 1995 M64 to income–based jobseeker's allowance F449 ... ; F450 ...

(iii) under Part 1 of the Welfare Reform Act 2007 M65 to an income-related employment and support allowance; [F451 or

(iv) to universal credit;]

the maximum amount of support available under regulation 124(1) is payable;

(b) where the relevant income is less than £16,845 the maximum amount of support available under regulation 124(1) is payable;

(c) where the relevant income is £16,845, the maximum amount of support available under regulation 124(1)(b) is payable together with £50 less than the maximum amount of support available under regulation 124(1)(a);

(d) where the relevant income exceeds £16,845 but is less than £25,420, the maximum amount of support available under regulation 124(1)(b) is payable and the amount of support payable under regulation 124(1)(a) is the amount determined in accordance with paragraph (2);

(e) where the relevant income is £25,420, the maximum amount of support available under regulation 124(1)(b) is payable and the amount of support payable under regulation 124(1)(a) is £50;

(f) where the relevant income exceeds £25,420 but is less than £26,030, the maximum amount of support available under regulation 124(1)(b) is payable and no support is payable under regulation 124(1)(a);

(g) where the relevant income is £26,030 or more but less than £28,065, the amount of support payable under regulation 124(1)(b) is the amount left after deducting from the maximum amount of support available under regulation 124(1)(b) £1 for every complete [F452 £8.84] by which the relevant income exceeds £26,030, and no support is payable under regulation 124(1)(a);

(h) where the relevant income is £28,065, the amount of support payable under regulation 124(1)(b) is £50, and no support is payable under regulation 124(1)(a);

(i) where the relevant income exceeds £28,065, no support is payable under regulation 124(1).

(2) Where paragraph (1)(d) applies, the amount of support payable under regulation 124(1)(a) is determined by deducting from the maximum amount of support available under regulation 124(1)(a) one of the following amounts—

(a) £50 plus a further £1 for each complete [F453 £7.24] by which the relevant income exceeds £16,845; or

(b) where the actual fees are less than [F454 £1,285], an amount equal to that left after deducting from the amount calculated under sub-paragraph (a) the difference between [F454 £1,285] and the actual fees (unless the amount is a negative number in which case the maximum amount of support available under regulation 124(1)(a) is payable).

Textual Amendments

F447 Word in reg. 125(1)(a)(i) substituted for comma (1.8.2013) by The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(3), 17(a)(i)

F448 Words in reg. 125(1)(a)(i) omitted (1.8.2013) by virtue of The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(3), 17(a)(ii)

F449 Words in reg. 125(1)(a)(ii) omitted (1.8.2013) by virtue of The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(3), 17(b)

F450 Word in reg. 125(1)(a) omitted (29.4.2013) by virtue of The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 54(6)

F451 Reg. 125(1)(a)(iv) and word inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 54(6)

F452 Sum in reg. 125(1)(g) 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.

F453 Sum in reg. 125(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.

F454 Sum in reg. 125(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.

Marginal Citations

M63 1992 c.4; Part VII was amended by the Housing Act 1991 (c.52), Schedule 19; the Local Government Finance Act 1992 (c.14), Schedule 9 and Schedule 14, the Social Security (Incapacity for Work) Act 1994 (c.18), Schedules 1 and 2, the Local Government etc (Scotland) Act 1994 (c.39), Schedules 13 and 14, the Jobseekers Act 1995 (c.18), Schedule 2 and Schedule 3, the Housing Act 1996 (c.52), Schedule 19 Part 6, the Welfare Reform and Pensions Act 1999 (c.30), Schedule 8, the Health and Social Care Act 2001 (c.15), Schedule 6 Part 3, the State Pension Credit Act 2002 (c.16), Schedule 2 and Schedule 3; the Tax Credits Act 2002 (c.21), Schedule 6, the Income Tax (Earnings and Pensions) Act 2003 (c.1), Schedule 6, paragraphs 169 and 179; the Civil Partnership Act 2004 (c.33), Schedule 24; the Welfare Reform Act 2007 (c.40), Sections 30(2) and 31(1), Schedule 3, Schedule 5 and Schedule 8, S.I. 2008/632 and S.I.2009/497.

M64 1995 c.18; Part I was amended by the Employment Rights Act 1996 (c.18), Schedule 1; the Social Security Act 1998 (c.14), Schedules 7 and 8; the Welfare Reform and Pensions Act 1999 (c.30), Schedules 7, 8 and 13; the State Pension Credit Act 2002 (c.16), Schedule 2; the National Insurance Contributions Act 2002 (c.19), Schedule 1; the Income Tax (Earnings and Pensions) Act 2003 (c.18), Schedule 6; the Civil Partnership Act 2004 (c.33), Schedule 24, S.I. 2006/343 and the Welfare Reform Act 2007 (c.40), Schedule 3.

M65 2007 c.5.

Interpretation of regulation 125 E+W

126.—(1) For the purposes of regulation 125—

(a) subject to sub-paragraph (b), “partner” means any of the following—

(i) the spouse of an eligible distance learning student;

(ii) the civil partner of an eligible distance learning student;

(iii) a person ordinarily living with an eligible distance learning student as if that person were the student's spouse where an eligible distance learning student is aged 25 or over on the first day of the academic year in respect of which that student is being assessed for support and where that student began the specified designated distance learning course before 1st September 2005;

(iv) a person ordinarily living with an eligible distance learning student as if that person were the student's spouse or civil partner where an eligible distance learning student begins the specified designated distance learning 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 distance learning student are separated; or

(ii) the person is ordinarily living outside the United Kingdom and is not maintained by the eligible distance learning student;

(c) “relevant income” has the meaning given in paragraph (2).

(2) Subject to paragraph (3), an eligible distance learning 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 distance learning 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 distance learning 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 support;

(c) “dependent” means wholly or mainly financially dependent;

(d) “financial year” means the period of twelve months for which the income of the eligible distance learning 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 M66 and any higher education bursary.

(g) “preceding financial year” means the financial year immediately preceding the current financial year;

(h) “specified designated distance learning course” means the course in respect of which the person is applying for support or, where the student's status as an eligible distance learning student has been transferred to the current designated distance learning course as a result of one or more transfers of that status by the Secretary of State from a distance learning course (the “initial course”) in connection with which the Secretary of State determined the student to be an eligible distance learning student pursuant to regulations made under section 22 of the 1998 Act, the specified designated distance learning course means the initial course.

Marginal Citations

M66 2002 c.21; section 3 was amended by the Civil Partnership Act 2004 (c.33), Schedule 24.

Disabled distance learning students' allowance E+W

127.—(1) An eligible distance learning student qualifies in accordance with this Part for a grant to assist with the additional expenditure which the Secretary of State is satisfied the student is obliged to incur by reason of a disability to which the student is subject in respect of undertaking a designated distance learning course.

(2) An eligible distance learning student does not qualify for the grant under this regulation if the only paragraph in Part 2 of Schedule 1 into which the student falls is paragraph 9.

(3) An eligible distance learning student does not qualify for the grant under this regulation unless the Secretary of State considers that the student is undertaking the designated distance learning course in England [F455 on the first day of the first academic year].

[F456 (3A) A student qualifying for a grant under this regulation will no longer qualify for the grant if the Secretary of State considers that the student is undertaking the course outside the United Kingdom.]

(4) 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.

(5) The amount of the grant under this regulation must not exceed—

(a) [F457 £20,725] in respect of an academic year for expenditure on a non-medical personal helper;

(b) [F458 £5,212] 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) [F459 £1,741] 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.

[F460 (6) Subject to paragraph (7), the grant under this regulation is payable in respect of the four quarters of the academic year, except where it is used for expenditure on major items of specialist equipment.

(7) Where regulation 121(3) applies, a student may qualify for the grant under this regulation for the purposes specified in paragraphs (5)(a), (c) or (d) in respect of such quarters as begin after the relevant event occurs.]

Textual Amendments

F455 Words in reg. 127(3) inserted (1.8.2012) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(3), 28(a)

F456 Reg. 127(3A) inserted (1.8.2012) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(3), 28(b)

F457 Sum in reg. 127(5)(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.

F458 Sum in reg. 127(5)(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.

F459 Sum in reg. 127(5)(d) 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.

F460 Reg. 127(6)(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), 28(c)

Applications for support E+W

128.—(1) A person (the “applicant”) must apply for support in connection with each academic year of a designated distance learning 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 129 completed by the academic authority; 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 distance learning 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 within a period of nine months beginning with the first day of the academic year of the course in respect of which it is submitted.

(6) The general rule does not apply where—

(a) one of the events listed in paragraph (4) of regulation 121 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 distance learning 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.

Declarations provided by academic authorities E+W

129.—(1) Subject to paragraph (2), the academic authority must, on the request of the applicant, complete a declaration in such form as may be required by the Secretary of State to accompany the application for support.

(2) An academic authority is not required to complete a declaration if it is unable to give the confirmation required.

(3) In this Part, “declaration” means—

(a) where the applicant is applying for support in connection with the designated distance learning 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 distance learning 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 distance learning course in respect of which the applicant is applying for support.

(4) 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) certification by the academic authority that it considers the applicant is undertaking the designated distance learning course in England; and

(c) in any case where the applicant is a disabled student, certification by the academic authority that it considers the applicant has chosen to undertake the designated distance learning course for a reason other than that the applicant is unable to attend a designated course for a reason which relates to the applicant's disability.

Information E+W

130.  Schedule 3 deals with the provision of information.

Transfer of status E+W

131.—(1) Where an eligible distance learning student transfers from a designated distance learning course beginning before 1st September 2012 to another designated distance learning course, the Secretary of State must transfer the student's status as an eligible distance learning student to that course where—

(a) the Secretary of State receives a request from the eligible distance learning 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) the eligible distance learning student starts to undertake another designated distance learning course at the institution;

(b) the eligible distance learning student starts to undertake a designated distance learning course at another institution; or

(c) after commencing a designated distance learning course for a first degree (other than an honours degree) the eligible distance learning student is, before the completion of that course, admitted to a designated distance learning course for an honours degree in the same subject or subjects at the institution.

(3) Subject to paragraph (4), an eligible distance learning 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 regulation 124(1)(b) or regulation 127 in connection with the academic year of the course to which the student transfers.

(6) Where a student transfers under paragraph (1), the maximum amount of support under regulation 124(1)(a) in respect of the academic years to and from which the student transfers is the amount of support available in connection with the course with the highest actual fees as defined in regulation 124.

Conversion of status E+W

132.—(1) Where an eligible distance learning student ceases to undertake a designated distance learning course and transfers to a designated course at the same or at another institution, the Secretary of State must convert the student's status as an eligible distance learning 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 distance learning student to do so; and

(b) the period of eligibility has not terminated.

(2) The following applies to a student who transfers under paragraph (1)—

(a) where the Secretary of State has determined to pay an amount of disabled distance learning 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 distance learning students' allowance for any purpose has been paid to the student in a single instalment, the maximum amount of disabled students' allowance payable under Chapter 3 of Part 5 for that purpose is reduced (or, where sub-paragraph (c) applies, further reduced) by the amount of disabled distance learning students' allowance paid to the student for that purpose and where the resulting amount is nil or a negative amount that amount is nil.

(3) Where an eligible student ceases to undertake a designated course which started before 1st September 2012 and transfers to a designated distance learning course which started before 1st September 2012 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 distance learning student in connection with the course to which eligible 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.

(4) The following applies to a student who transfers under paragraph (3)—

(a) where the Secretary of State has determined to pay an amount of disabled students' allowance to the student 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 the student becomes an eligible distance learning student;

(b) the maximum amount of disabled distance learning students' allowance to which the student would, apart from this regulation, be entitled in connection with undertaking a designated distance learning course in respect of that academic year is reduced by one third where the student became an eligible distance learning student in the second quarter of the academic year and by two thirds where the student 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 the student under Chapter 3 of Part 5 in a single instalment, the maximum amount of disabled distance learning students' allowance payable for that purpose is reduced (or, where sub-paragraph (b) applies, further reduced) by the amount of grant paid to the student 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 the student became an eligible distance learning student the student 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 the student was entitled, the student may apply for such a loan or such additional amount of loan as if the student had continued to be an eligible student; and in the circumstances mentioned in paragraph (5) the maximum amount or increased maximum amount of such loan for the academic year is reduced in accordance with that paragraph.

(5) Where the request under paragraph (3) 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.

Payment of grants for fees E+W

133.—(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 grants for books, travel and other expenditure and disabled distance learning students' allowance E+W

134.—(1) Payments of the grant for books, travel and other expenditure and the disabled distance learning 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 distance learning 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 distance learning students' allowance.

(3) The Secretary of State may pay the grant for books, travel and other expenditure and the disabled distance learning 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 distance learning 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 distance learning students' allowance before the Secretary of State has received a declaration under regulation 129 unless an exception applies.

(6) An exception applies if—

(a) a disabled distance learning 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.

Overpayments E+W

135.—(1) Any overpayment of a grant in respect of fees is recoverable by the Secretary of State from the academic authority.

(2) An eligible distance learning 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 distance learning 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 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 distance learning 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 distance learning 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 distance learning students' allowance to the purchase of specialist equipment on behalf of the eligible distance learning 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 eligible distance learning student's period of eligibility terminates after the relevant date; and

(b) a payment of the disabled distance learning 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 distance learning 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.

PART 11 E+W SUPPORT FOR PART-TIME COURSES

Interpretation of Part 11 E+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 students E+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—

(a) A is eligible to apply for, in connection with the part-time course—

(i) a healthcare bursary whether or not the amount of such bursary is calculated by reference to A's income; or

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

(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.

(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.

(7) Subject to paragraphs (10) to (12), if a person satisfies the conditions in paragraph (8) or (9)—

(a) paragraphs (2) and (3) do not apply to that person; and

(b) the person is an eligible part-time student for the purposes of this Part.

(8) The conditions in this paragraph are—

(a) the person qualified as an eligible part-time student in connection with an earlier academic year of the current designated part-time course pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act;

(b) the person was not ordinarily resident in Wales on the first day of the current designated part-time course; and

(c) the person's status as an eligible part-time student has not terminated.

(9) The conditions in this paragraph are—

(a) the Secretary of State has previously determined that the person is—

(i) an eligible student in connection with a designated course;

(ii) an eligible distance learning student in connection with a designated distance learning course; or

(iii) an eligible part-time student in connection with a designated part-time course other than the current designated part-time course;

(b) the person's status as an eligible student, as an eligible distance learning student or as an eligible part-time student in connection with the course referred to in sub-paragraph (a) has been converted or transferred from that course to the current designated part-time course as a result of one or more conversions or transfers in accordance with regulations made by the Secretary of State under section 22 of the 1998 Act;

(c) the person was not ordinarily resident in Wales on the first day of the first academic year of the course referred to in sub-paragraph (a); and

(d) the person's status as an eligible part-time student has not terminated.

(10) 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, designated distance learning course or other designated part-time course from which A's status as an eligible part-time student, eligible student or eligible distance learning 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.

(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, designated distance learning course or other designated part-time course from which A's status as an eligible part-time student, eligible student or eligible distance learning 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;

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

(d) a designated part-time course and a designated postgraduate course.

Students becoming eligible during the course of the academic year E+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 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.

Designated part-time courses E+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;

[F461 (d) it is either—

(i) wholly provided by an authority-funded educational institution;

(ii) provided by a publicly funded institution in the United Kingdom on behalf of an authority-funded educational institution; or

(iii) provided by an authority-funded educational institution in conjunction with an institution outside the United Kingdom;]

(e) for a course beginning on or after 1st September 2012 which falls within paragraph 1, 2, 4, 6, 7 or 8 of Schedule 2, it 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 M67 .

(f) it is not designated by or under regulation 5; and

(g) it is not designated under regulation 122.

(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.

(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;

(b) a university and any constituent college or institution in the nature of a college of a university is to be regarded as [F462 authority-funded] if either the university or the constituent college or institution is [F462 authority-funded]; F463 ...

(c) an institution is not to be regarded as publicly funded [F464 or 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 M68 [F465 ; and]

[F466 (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).

Textual Amendments

F461 Reg. 139(1)(d) 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(a)

F462 Words 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)

F463 Word 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)

F464 Words 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)

F465 Word 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)

F466 Reg. 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

M67 1988 c.40. Section 214(2) was amended by the Further and Higher Education Act 1992 (c.13), section 93 and Schedule 8.

M68 1992 c.13; section 65(3A) was inserted by the Teaching and Higher Education Act 1998 (c.30), section 27.

Period of eligibility E+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 2012 E+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 [F467 £280] 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 [F468 (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.

[F469 (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.]

(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 .

Textual Amendments

F467 Sum in reg. 141(1)(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.

F468 Words in reg. 141(3) inserted (1.8.2012) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(3), 29(a)

F469 Reg. 141(3A)(3B) inserted (1.8.2012) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(3), 29(b)

Amount of assistance in respect of courses beginning before 1st September 2012 E+W

142.—(1) The basic grant varies according to the intensity of study.

(2) The “basic grant” is—

(a) [F470 £855] where the intensity of study is less than 60 per cent. (“level 1”);

(b) [F471 £1,025] where the intensity of study is 60 per cent. or more but less than 75 per cent. (“level 2”);

(c) [F472 £1,285] 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 [F473 or] housing benefit F474 ...;

(ii) under Part 1 of the Jobseekers Act 1995 to income–based jobseeker's allowance F475 ...F476 ...

(iii) under Part 1 of the Welfare Reform Act 2007 to an income-related employment and support allowance; [F477 or

(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 £25,420, 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 £25,420, 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 £25,420 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 [F478 £8.84] 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 [F479 £11.36], [F479 £9.27] or [F479 £7.24] 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

F470 Sum in reg. 142(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.

F471 Sum in teg. 142(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.

F472 Sum in reg. 142(2)(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), reg. 1(2)(a), Sch.

F473 Word in reg. 142(3)(a)(i) substituted for comma (1.8.2013) by The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(3), 19(a)(i)

F474 Words in reg. 142(3)(a)(i) omitted (1.8.2013) by virtue of The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(3), 19(a)(ii)

F475 Words in reg. 142(3)(a)(ii) omitted (1.8.2013) by virtue of The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(3), 19(b)

F476 Word in reg. 142(3)(a) omitted (29.4.2013) by virtue of The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 54(7)

F477 Reg. 142(3)(a)(iv) and word inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 54(7)

F478 Sum in reg. 142(3)(g) 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.

F479 Sums in reg. 142(4)(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.

Interpretation of regulation 142 E+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 2012 E+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% [F480 of an equivalent full-time course].

[F481 (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.]

[F482 (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.]

(4) [F483 Subject to paragraph (6)] 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) [F484 Paragraph (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.

Textual Amendments

F480 Words in reg. 144(2) inserted (1.8.2012) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(3), 30(a)

F481 Reg. 144(3) substituted (1.8.2012) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(3), 30(b)

F482 Reg. 144(3A) inserted (1.8.2012) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(3), 30(c)

F483 Words in reg. 144(4) inserted (1.8.2012) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(3), 30(d)

F484 Words in reg. 144(6) substituted (1.8.2012) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(3), 30(e)

Amount of the fee loan - courses beginning on or after 1st September 2012 E+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) £6,750 where the current part-time course is provided by or on behalf of a publicly funded institution;

(b) £4,500 where the current part-time course is provided by a private institution (other than on behalf of a publicly funded institution).

(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.

Assistance with fees in respect of attendance on a course in Wales, Northern Ireland or Scotland E+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 M69 had the student been ordinarily resident in Scotland and undertaking the part-time course in Scotland.

Marginal Citations

M69 This body was established under section 1 of the Further and Higher Education (Scotland) Act 2005 (2005 asp 6).

Disabled part-time students' allowance E+W

147.—(1) An eligible part-time student qualifies in accordance with this Part for a grant to assist with the additional expenditure which the Secretary of State is satisfied the student is obliged to incur by reason of a disability to which the student is subject in respect of undertaking a designated part-time course.

(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;

(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 paragraph (4), where the student is a prisoner.

(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% [F485 of an equivalent full-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.

(6) The amount of the grant under this regulation must not exceed—

(a) [F486 £15,543] in respect of an academic year for expenditure on a non-medical personal helper;

(b) [F487 £5,212] 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) [F488 £1,305] 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.

[F489 (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

F485 Words in reg. 147(4) inserted (1.8.2012) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(3), 31(a)

F486 Sum in reg. 147(6)(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.

F487 Sum in reg. 147(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), reg. 1(2)(a), Sch.

F488 Sum in reg. 147(6)(d) 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.

F489 Reg. 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 support E+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 authorities E+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 F490 ...

[F491 (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% [F492 of 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

F490 Words in reg. 149(4)(b) revoked (1.8.2012) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(3), 32(a)

F491 Reg. 149(5) substituted (1.8.2012) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(3), 32(b)

F492 Words in reg. 149(7) inserted (1.8.2012) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(3), 32(c)

Information E+W

150.  Schedule 3 deals with the provision of information.

Transfer of status E+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 status E+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.

(5) Where an eligible distance learning student ceases to undertake a designated distance learning 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 distance learning 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 distance learning student to do so; and

(b) the period of eligibility has not terminated.

(6) Where, before completing the designated distance learning 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 distance learning 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 distance learning course from which the student transfers, where the student transfers on or after 1st September 2012.

(7) Subject to paragraph (9), a student who transfers to a part-time course under paragraph (5) 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 under Part 10 in respect of the academic year of the designated distance learning course from which the student transfers.

(8) Subject to paragraph (9), a student who transfers to a part-time course under paragraph (5) on or after 1 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 under regulation 147 in respect of the academic year of the designated distance learning course from which the student transfers.

(9) The Secretary of State may re-assess the amount of support payable after the transfer.

(10) An eligible student who transfers under paragraph (5) after the Secretary of State has determined the student's support in connection with the academic year of the distance learning course from which the student is transferring but before the student completes that year—

(a) may not apply for a grant under regulation 141(1)(b) if the student has already applied for a grant under regulation 124(1)(b) where the student transfers to the part-time course before 1st September 2012;

(b) may not apply for a grant under regulation 147 if the student has already applied for a grant under regulation 127.

(11) Where a student transfers under paragraph (5) to a part-time course before 1st September 2012, the total amount of assistance paid to the student under regulations 124(1)(a) and 141(1)(a) in respect of—

(a) the academic year from which the student transfers; and

(b) the academic year to which the student transfers;

must not exceed the amount of support determined to be payable to the student under regulation 124(1)(a).

(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.

(14) Where an eligible part-time student ceases to undertake a designated part-time course and transfers to a designated distance learning 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 distance learning 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.

(15) Subject to paragraph (16), a student who transfers under paragraph (14) 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 under this Part in respect of the academic year of the designated part-time course from which the student transfers.

(16) The Secretary of State may re-assess the amount of support payable after the transfer.

(17) An eligible student who transfers under paragraph (14) after the Secretary of State has determined the student's support in connection with the academic year of the part-time course from which the student is transferring but before the student completes that year—

(a) may not apply for a grant under regulation 124(1)(b) if the student has already applied for a grant under regulation 141(1)(b);

(b) may not apply for a grant under regulation 127 if the student has already applied for a grant under regulation 147.

(18) Where a student transfers under paragraph (14), the total amount of assistance paid to the student under regulations 124(1)(a) and 141(1)(a) in respect of—

(a) the academic year from which the student transfers; and

(b) the academic year to which the student transfers;

must not exceed the maximum amount of support determined to be payable to the student under regulation 124(1)(a).

Payment of grants for books, travel and other expenditure and disabled part-time students' allowances E+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 fees E+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 fees E+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.

(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.

Overpayments of grants and allowances E+W

156.—(1) Any overpayment of a grant in respect of fees is recoverable by the Secretary of State from the academic authority.

(2) An eligible 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 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 eligible 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 eligible 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.

Overpayments of fee support E+W

157.—(1) Any overpayment of [F493 fee 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 [F493 fee loan support] was made.

(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;

(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

F493 Words in reg. 157 substituted (1.8.2012) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(3), 33

PART 12 E+W SUPPORT FOR POSTGRADUATE STUDENTS WITH DISABILITIES

Interpretation E+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 students E+W

159.—(1) An eligible postgraduate student qualifies, subject to and in accordance with this Part, for a grant to assist with the additional expenditure which the Secretary of State is satisfied the student is obliged to incur by reason of a disability to which the student is subject in respect of undertaking a designated postgraduate course.

(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

(b) by reason of a disability to which the student is subject, the student will be obliged to incur additional expenditure in respect of undertaking the course.

(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; or

(v) any allowance, bursary or award of similar description made under section 67(4)(a) of the Care Standards Act 2000 M70 which includes payment for meeting additional expenditure incurred by A by reason of A's disability;

(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% [F494 of 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.

(12) Subject to paragraphs (15) to (17), if a person satisfies the conditions in paragraph (3)(b) and in paragraph (13) or (14)—

(a) paragraphs (3)(a) and (4) do not apply to that person; and

(b) the person is an eligible postgraduate student for the purposes of this Part.

(13) The conditions are—

(a) the person qualified as an eligible postgraduate student in connection with an earlier academic year of the current designated postgraduate course pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act;

(b) the person was not ordinarily resident in Wales on the first day of the first academic year of the current designated postgraduate course; and

(c) the person's status as an eligible postgraduate student has not terminated.

(14) The conditions are—

(a) the Secretary of State has previously determined that the person is an eligible postgraduate student in connection with a designated postgraduate course other than the current designated postgraduate course;

(b) the student's status as an eligible postgraduate student in connection with the course referred to in sub-paragraph (a) has been transferred from that course to the current designated postgraduate course as a result of one or more transfers in accordance with regulations made by the Secretary of State under section 22 of the 1998 Act;

(c) the person was not ordinarily resident in Wales on the first day of the academic year of the course referred to in sub-paragraph (a); and

(d) the person's status as an eligible postgraduate student has not terminated.

(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.

(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;

(b) a designated postgraduate course and a designated distance learning course;

(c) a designated postgraduate course and a designated course;

(d) a designated postgraduate course and a designated part-time course.

Textual Amendments

F494 Words in reg. 159(9) inserted (1.8.2012) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(3), 34

Marginal Citations

M70 2000 c.14.

Students becoming eligible in the course of an academic year E+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 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.

Designated postgraduate courses E+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;

[F495 (c) it is either—

(i) wholly provided by an authority-funded educational institution;

(ii) provided by a publicly funded institution in the United Kingdom on behalf of an authority-funded educational institution; or

(iii) provided by an authority-funded educational institution in conjunction with an institution outside the United Kingdom;]

(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;

(b) a university and any constituent college or institution in the nature of a college of a university is to be regarded as [F496 authority-funded] if either the university or the constituent college or institution is [F496 authority-funded]; F497 ...

(c) an institution is not to be regarded as publicly funded [F498 or 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 M71 [F499 ; and]

[F500 (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.

(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).

Textual Amendments

F495 Reg. 161(1)(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), 20(a)

F496 Words 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)

F497 Word 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)

F498 Words 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)

F499 Word 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)

F500 Reg. 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

M71 1992 c.13; section 65(3A) was inserted by the Teaching and Higher Education Act 1998 (c.30), section 27.

Period of eligibility E+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 status E+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 support E+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.

Information E+W

165.  Schedule 3 deals with the provision of information.

Amount of grant E+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.

(2) The grant must not exceed [F501 £10,362] 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.

[F502 (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

F501 Sum in reg. 166(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), reg. 1(2)(a), Sch.

F502 Reg. 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 grant E+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.

Overpayments E+W

168.—(1) An eligible 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 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 eligible 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 eligible 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.

Mark Prisk

Minister of State for Business and Enterprise

Department for Business, Innovation and Skills