PART 1GENERAL

Citation, commencement and application1

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.

Annotations:
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.

Interpretation2

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—

    1. a

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

    2. 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

    3. 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—

    1. 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; F200or

    2. ii

      F201...

    3. 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—

    1. a

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

    2. 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

    3. 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—

    1. i

      the student has not previously undertaken any course which began before 1st September 2008 and which is a previous course; F202or

    2. ii

      F203...

    3. iii

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

  • F204“2012 cohort student” means a current system student who—

    1. a

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

    2. b

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

      1. i

        is not a distance learning course; and

      2. ii

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

    3. c

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

  • F205“2016 cohort student” means a current system student who—

    1. a

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

    2. b

      is not a 2008, 2009 or 2012 cohort student;

    3. c

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

      1. i

        is not a distance learning course; and

      2. ii

        began before 1st August 2016; and

    4. d

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

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

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

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

  • F349“allied health profession subject” means chiropody, F749dental profession subject, dietetics, dietetics and nutrition, occupational therapy, orthoptics, orthotics and prosthetics, physiotherapy, podiatry, radiography, radiotherapy, and speech and language therapy;

  • F85“authority-funded” means—

    1. a

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

    2. b

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

    3. c

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

    4. 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;

  • F350“bursary year” means an academic year of a course in relation to which the student is—

    1. a

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

    2. b

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

    3. c

      eligible for a healthcare tuition payment;

  • F206...

  • “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—

    1. a

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

    2. b

      either—

      1. i

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

      2. ii

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

    3. c

      either—

      1. 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

      2. 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;

  • F441...

  • “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—

    1. a

      is not an old system student; and

    2. b

      either—

      1. i

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

      2. ii

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

      3. iii

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

  • F750“dental profession subject” means dental hygiene, dental therapy and dental hygiene and dental therapy;

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

  • F442...

  • “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;

  • F133“disability” has the meaning given in section 6 of the Equality Act 2010;

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

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

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

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

    1. a

      for the purposes of registration or enrolment or any examination;

    2. b

      on a weekend or during any vacation; or

    3. c

      on an occasional basis during the week;

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

    1. a

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

    2. 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;

  • F443...

  • “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—

    1. a

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

    2. b

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

    3. c

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

    4. 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;

    5. e

      who has not transferred to the current course or current part-time course under regulation 7 or F780139A from a course beginning before 1st September 2012; and

    6. 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—

    1. 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

    2. 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—

    1. 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;

    2. 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;

    3. c

      F448...

    4. 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 F444... mentioned in paragraph 2, 3 or 4 of Schedule 2 or a foundation degree course having achieved a qualification;

    5. e

      a full-time honours degree course beginning on or after 1st September 2012 F207, but before 1st August 2016 which, disregarding any intervening vacation, a student begins to attend immediately after ceasing to attend a full-time course F1mentioned 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;

    6. 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 F445... a distance learning foundation or ordinary degree course, which started before 1st September 2012, having achieved a qualification;

    7. 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;

    8. h

      F208a full-time honours degree course beginning on or after 1st August 2016 which, disregarding any intervening vacation, a student begins to attend immediately after ceasing to attend a full-time course mentioned in paragraph 2, 3 or 4 of Schedule 2 that is not a distance learning course or a full-time foundation or ordinary degree course that is not a distance learning course, which started before 1st August 2016, having achieved a qualification;

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

  • F86“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) F781or 139(1)(d) and―

    1. 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);

    2. b

      where the course began on or after 1st September 2012 and is provided by an institution in Northern Ireland F351..., 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

    3. c

      where the course began on or after 1st September 2012 and is provided by an institution in England F352, Scotland or Wales―

      1. 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

      2. ii

        either—

        1. 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

        2. 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 M26F209...;

  • “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;

  • F212...

  • “former Metropolitan Police District” means—

    1. a

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

    2. 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;

    3. 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

    4. 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—

    1. a

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

    2. b

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

    3. c

      which begins on or after 1st September 2012; and

    4. d

      the duration of the course does not exceed 4 years;

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

  • F353“healthcare bursary” means a bursary or award of similar description under—

    1. a

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

      1. i

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

      2. ii

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

      3. iii

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

      4. iv

        a course provided by an institution in Wales; or

    2. b

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

  • F354“healthcare tuition payment” means a payment for tuition in connection with the NHS Bursary Scheme in England, established pursuant to section 63 of the Health Services and Public Health Act 1968, in respect of a course beginning on or after 1st August 2017, except where that course leads to qualification as a medical doctor or dentist;

  • “higher education bursary” means an amount paid by a local authority in England under section 23C(5A) of the Children Act 1989 M27;

  • “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 F782, and, for the purposes of Part 11B, has the meaning given in Schedule 6;

  • “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;

  • F355“non-regulated institution” means an institution in Wales that does not have a fee and access plan in force approved by the Higher Education Funding Council for Wales under section 7 of the Higher Education (Wales) Act 2015;

  • “old award” is an award within the meaning of the Education (Mandatory Awards) Regulations 2003 M28;

  • F210...

  • “old system student” means an eligible student who—

    1. a

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

    2. b

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

    3. 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—

      1. i

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

      2. ii

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

    4. 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—

      1. i

        before 1st September 2006; or

      2. ii

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

  • “ordinary duration” means F134... the number of academic years that a standard student would take to complete the F135... course excluding any academic years of the course that are F87—

    1. (a)

      bursary years;

    2. (b)

      Erasmus years of a course provided by an institution in Northern Ireland F356...; or

    3. (c)

      Erasmus years of a course provided by an institution in England F357, Scotland or Wales where the course began before 1st September 2012;

    4. (d)

      F358Erasmus years of a course provided by an institution in Scotland where the course began on or after 1st September 2012 and where the Erasmus year begins before 1st August 2017;

  • “period of eligibility” has the meaning given respectively in regulation 6 in relation to an eligible student, F446... 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—

    1. a

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

    2. 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—

    1. 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 M29;

    2. 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 M30); and

    3. c

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

  • F447“person granted stateless leave” means a person who—

    1. a

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

    2. b

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

  • F751“postgraduate pre-registration course” means an education and training programme leading to a graduate master’s degree or a postgraduate diploma which is a condition of inclusion in the register (or, as the case may be, the relevant part or parts of the register) maintained by—

    1. a

      the Health and Care Professions Council, for allied health profession subjects other than dental profession subjects; or

    2. b

      the Nursing and Midwifery Council, for midwifery or nursing;

  • “preliminary course” means a course mentioned in F73paragraph 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;

  • F752“pre-registration course” means an education and training programme leading to a qualification, the standard of which is not higher than a first degree course, which is a condition of inclusion in the register (or, as the case may be, the relevant part or parts of the register) maintained by—

    1. a

      the Health and Care Professions Council, for operating department practice and allied health profession subjects, other than dental profession subjects;

    2. b

      the Nursing and Midwifery Council, for midwifery or nursing;

    3. c

      the General Dental Council, for dental profession subjects;

    4. d

      the Health and Care Professions Council and the Nursing and Midwifery Council, for nursing and social work;

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

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

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

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

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

  • F2“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—

    1. a

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

    2. 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—

    1. a

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

    2. 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

    3. 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—

    1. a

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

    2. b

      that was a bursary year; or

    3. 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—

    1. a

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

    2. b

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

    3. c

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

    4. 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 M31 as extended by the Protocol thereto which entered into force on 4th October 1967 M32;

  • F359“regulated institution” means an institution that has a fee and access plan in force approved by the Higher Education Funding Council for Wales under section 7 of the Higher Education (Wales) Act 2015;

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

    1. a

      Arts and Humanities Research Council,

    2. b

      Biotechnology and Biological Sciences Research Council,

    3. c

      Economic and Social Research Council,

    4. d

      Engineering and Physical Sciences Research Council,

    5. e

      Medical Research Council,

    6. f

      Natural Environment Research Council,

    7. 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 F211(including a young students’ bursary or an independent students’ bursary) under sections 73(f) and 74(1) of the Education (Scotland) Act 1980 M33 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 F88... 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 F89but does not include an academic year that is—

    1. (a)

      a bursary year;

    2. (b)

      an Erasmus year of a course provided by an institution in Northern Ireland F360...; or

    3. (c)

      an Erasmus year of a course provided by an institution in England F361, Scotland or Wales where the course began before 1st September 2012;

    4. (d)

      F362an Erasmus year of a course provided by an institution in Scotland where the course began on or after 1st September 2012 and where the Erasmus year begins before 1st August 2017;

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

    1. a

      to have begun the F136... course on the same date as the eligible student in question;

    2. b

      not to be excused any part of the course;

    3. c

      not to repeat any part of the course; and

    4. 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 M34, the Education (Student Loans) (Northern Ireland) Order 1990 M35, the Education (Scotland) Act 1980 and regulations made under those Acts or that Order, the Education (Student Support) (Northern Ireland) Order 1998 M36 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 M37 other than an old award;

  • “Turkish worker” means a Turkish national who—

    1. a

      is ordinarily resident in the United Kingdom and Islands; and

    2. b

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

  • F213...

  • F213...

  • F213...

  • F65“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

F214... “eligible student” has the meaning given in regulation 4.

F2154

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

Revocation, savings and transitional provisions3

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 M38;

c

regulation 5 and regulations 10 to 12 of the Education (Student Fees, Awards and Support) (Amendment) Regulations 2011 M39;

d

the Education (Student Support) (Dance and Drama) Regulations 1999 M40; and

e

the Education (Student Support) (Dance and Drama) (Amendment) Regulations 2001 M41.

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.

PART 2ELIGIBILITY

Eligible students4

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 F363... income; or

ii

any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 2007 M42;

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.

F7536A

A person (“A”) is not an eligible student in connection with a postgraduate pre-registration course unless A begins the course on or after 1st August 2018.

6B

For the purposes of paragraph (6A), a person (“A”) who transfers from a postgraduate pre-registration course which began before 1st August 2018 to a postgraduate pre-registration course which begins on or after 1st August 2018 (“the second course”) is not an eligible student unless A—

a

transfers to the first academic year of the second course; or

b

transfers to any other academic year of the second course which is not a bursary year.

6C

A person (“A”) is not an eligible student in connection with a pre-registration course or a postgraduate pre-registration course which leads to a qualification for a profession in respect of which A is already registered in the relevant part or parts of the register maintained by the Health and Care Professions Council, the Nursing and Midwifery Council or the General Dental Council.

6D

A person (“A”) is not an eligible student in connection with a postgraduate pre-registration course if A has received support under Part 4, 5 or 6 of these Regulations in connection with a previous postgraduate pre-registration course begun on or after 1st August 2018 and has achieved a qualification.

6E

A person who—

a

has a disability, and

b

would be an eligible student in connection with a postgraduate pre-registration course but for paragraph (6D),

is to be treated, for the purposes of Part 12 of these Regulations only, as if that person were an eligible postgraduate student in connection with a designated postgraduate course.

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;

F451b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

a designated course and a designated part-time course;

d

a designated course and a designated postgraduate course.

F7547A

A person (“A”) is not an eligible student if A is enrolled on a course which is designated under regulation 4 of the Education (Postgraduate Master’s Degree Loans) Regulations 2016 and is receiving support under those Regulations for that course.

F2168

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2179

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21810

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21911

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 F452... or other designated course from which A's status as an eligible part-time student F452... 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.

F45012A

Where—

a

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

i

an application for support for an earlier year of the current course,

ii

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

iii

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

b

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

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

13

Where—

a

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

i

an eligible student in connection with an application for support for an earlier year of the current course, an application for support for a course in relation to which the current course is an end-on course or an application for support in connection with a designated part-time course F453... or other designated course from which A's status as an eligible part-time student F453... 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.

Designated courses5

1

Subject to paragraphs F741... F755(2A),F454... (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

F455... 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;.

F220c

of at least one academic year’s duration F742... F756, or, in the case of a postgraduate pre-registration course, of at least two academic years’ duration;

F137d

either—

i

wholly provided by an authority-funded institution F364in England, Scotland or Northern Ireland, or in Wales where the course begins before 1st September 2017;

ii

provided by a publicly funded institution situated in the United Kingdom on behalf of an authority-funded institution F365in England, Scotland or Northern Ireland, or in Wales where the course begins before 1st September 2017; F366...

iii

provided by an authority-funded institution F367in England, Scotland or Northern Ireland, or in Wales where the course begins before 1st September 2017, in conjunction with an institution which is situated outside the United Kingdom; F368or

F369iv

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

da

substantially provided in the United Kingdom; and

e

for a course beginning on or after 1st September 2012 which falls within paragraph 1, 2, 4, F138... 7 or 8 of Schedule 2 F139—

i

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

ii

the teaching and supervision which comprise the course has been approved by that body.

2

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

2A

F757A postgraduate pre-registration course is not a designated course if it is a distance learning course.

F4563

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4573A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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;

F140aa

a course is substantially provided in the United Kingdom where at least half of the teaching and supervision which comprise the course is provided in the United Kingdom;

b

a university and any constituent college or institution in the nature of a college of a university is to be regarded as F90authority-funded if either the university or the constituent college or institution is F90authority-funded; F91...

c

an institution is not to be regarded as publicly funded F92or 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 1992M43F93; and

F94d

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).

F12311

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

Period of eligibility6

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, F783132, 139B or 139C; 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 status7

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 F221provided that A qualifies for such support in connection with the academic year of the course to which A transfers.

5

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

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

Applications for support8

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 limits9

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;

F222b

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

c

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

d

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

e

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

Information10

Schedule 3 deals with the provision of information.

F223Requirement to enter into a contract for a loan11

1

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

2

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

PART 4FEE SUPPORT

CHAPTER 1GENERAL

Previous course12

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 F458a full-time distance learning course, undertook before the current course and which meets one or both of the conditions in paragraph (2);

b

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

i

a lower level qualification achieved following a full-time or part-time higher education course, a course for the initial training of teachers or a course designated under regulation 5(10), which the student attended or, in the case of a compressed degree course or a F141... 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 F142full-time distance learning course, undertook before the current course where the student studied but did not achieve a qualification and which meets one or both of the conditions in paragraph (3); or

iii

a full-time higher education course, a course for the initial training of teachers or a course designated under regulation 5(10), which the student attended or, in the case of a compressed degree course or F459a full-time distance learning course, undertook before the current course where—

aa

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

F143bb

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

2

The conditions are—

a

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

b

any scholarship, exhibition, bursary, grant, allowance or F144statutory award which was paid in respect of the student's attending or, in the case of a compressed degree course or a F145... 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 F146statutory award which was paid in respect of the student's attending or, in the case of a compressed degree course or a F147full-time distance learning course, undertaking the course to defray fees was from public funds or funds attributable to public funds.

4

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

a

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

b

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

i

a full-time course; or

ii

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

aa

began before 1st September 2010; or

bb

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

c

the student is not a qualified teacher.

F3484A

A course which would otherwise be a previous course is not F743... F758to be treated as such if the current course—

a

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

F759b

leads to—

i

an ordinary degree or an honours degree;

ii

in respect of a course in a dental profession subject, an ordinary degree, an honours degree, a diploma or a foundation degree; or

iii

in respect of a course in operating department practice, an ordinary degree, an honours degree or a diploma;

c

begins on or after 1st August 2017 F744.... F760or, in the case of a course in a dental profession subject, begins on or after 1st August 2018

4B

F761A course which would otherwise be a previous course is not to be treated as such if the current course is a postgraduate pre-registration course which begins on or after 1st August 2018.

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 F745... F762to be treated as having been in attendance on the previous course in respect of periods of study beginning on or after 1st September 2006.

Miscellaneous13

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.

F3702A

Paragraph (1) does not apply where the current course—

a

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

F763b

leads to—

i

an ordinary degree or an honours degree;

ii

in respect of a course in a dental profession subject, an ordinary degree, an honours degree, a diploma or a foundation degree; or

iii

in respect of a course in operating department practice, an ordinary degree, an honours degree or a diploma;

c

begins on or after 1st August 2017 F746.... F764or, in the case of a course in a dental profession subject, begins on or after 1st August 2018

2B

F765Paragraph (1) does not apply where the current course is a postgraduate pre-registration course which begins on or after 1st August 2018.

3

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

F1483A

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

a

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

b

that information is accurate; and

c

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

4

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

5

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

6

Where the eligible student is undertaking a designated course which is a distance learning course, the student does not qualify for support in respect of that course unless the Secretary of State considers that the student is undertaking the course in England F4on the first day of the first academic year.

F4606A

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

a

A,

b

A’s spouse or civil partner,

c

A’s parent, or

d

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

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

F37

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.

F3718

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

CHAPTER 2TYPES OF FEE SUPPORT AVAILABLE

Current system students14

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 students15

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 year16

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.

Events17

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 F461a person granted stateless leave or a person granted humanitarian protection;

c

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

d

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

e

the student acquires the right of permanent residence;

f

the student becomes the child of a Turkish worker;

g

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

h

the student becomes the child of a Swiss national.

Students to be treated as in attendance on a course18

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 F74... 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 3FEE LOANS FOR CURRENT SYSTEM STUDENTS

Availability of fee loans to current system students - general19

F2241

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 F95—

a

a bursary year;

b

an Erasmus year of a course provided by an institution in Northern Ireland F372...; or

c

an Erasmus year of a course provided by an institution in England F373, Wales or Scotland where the course began before 1st September 2012.

3

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

F1493A

A current system student qualifies for a fee loan in respect of an academic year of the current course in accordance with paragraphs (3B) to F462(3E) where the Secretary of State determines that the conditions in regulation 13(3A) are satisfied.

3B

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

3C

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

a

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

b

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

F4633D

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

F4643E

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

4

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

5

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

6

When assessing an application for support in respect of an academic year of a designated course, the Secretary of State must allocate a fee loan from the standard entitlement first to the final standard academic year of the course and then to each preceding standard academic year in turn until the standard entitlement is exhausted or a fee loan has been allocated to each standard academic year of the course.

7

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

F968

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 F374...; or

c

an Erasmus year of a course provided by an institution in England F375, Wales or Scotland which began before 1st September 2012.

9

Where a current system student qualifies for a fee loan under paragraph (8), the Secretary of State must not allocate a fee loan under paragraph (6) to the first academic year that the student takes of the designated course that is not F97—

a

a bursary year;

b

an Erasmus year of a course provided by an institution in Northern Ireland F376...; or

c

an Erasmus year of a course provided by an institution in England F377, Wales or Scotland where the course began before 1st September 2012.

F1509A

In addition to the standard entitlement, a current system student qualifies for a fee loan in respect of an academic year of a current course in accordance with paragraphs (9B) to F465(9E) where―

a

the student falls within regulation 21 or 22; and

b

the Secretary of State determines that―

i

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

ii

that information is accurate; and

iii

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

9B

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

9C

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

a

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

b

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

F4669D

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

F4679E

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

10

In addition to the standard entitlement, if the Secretary of State determines that the student is repeating an academic year of the designated course because of compelling personal reasons, a current system student qualifies for a fee loan in respect of the year of repeat study provided that the academic year that the student is repeating was a qualifying year of study and the year of repeat study is not a bursary year.

11

A current system student qualifies for a fee loan in respect of an academic year of a designated course that is a year of repeat study which the student is taking other than for compelling personal reasons if—

a

the academic year which the student is repeating was a qualifying year of study;

b

the academic year of repeat study is not a bursary year; and

c

when the academic year of repeat study is added to the number of any other academic years of repeat study that the student has already taken on the current course other than for compelling personal reasons, it does not exceed the number of additional years of support.

12

In this regulation, the “number of additional years of support” is the number of years which make up the standard entitlement less the number of standard academic years (plus one where the student qualifies for a fee loan under paragraph (8)).

13

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

Standard entitlement of current system students who have not studied on a previous course20

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

OD+1math

  • 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 course21

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—

(OD+1)−PCmath

  • 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 courses22

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 F124(in whole or in part) a full-time first degree course after the course referred to in paragraph (i) and before the current course;

c

a current system student who—

i

has completed a full-time foundation degree course;

ii

is on a full-time honours degree course that the student did not begin immediately after the course referred to in paragraph (i); and

iii

has not taken F125(in whole or in part) a full-time first degree course after the course referred to in paragraph (i) and before the current course.

F52

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 F126(in whole or in part) a full-time first degree course after the course referred to in paragraph (a) and before the current course.

3

Regulations 20 and 21 do not apply to students to whom this regulation applies.

4

The standard entitlement of a student to whom paragraph (1) applies is calculated as follows—

(D+X)−Pr⁡Cmath

  • 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 F225(including any academic years that the student began or ceased to attend part of the way through the year), excluding any years of repeat study for compelling personal reasons.

5

F75...The standard entitlement of a student to whom paragraph (2) applies is calculated as follows–-

(D+X)−Pr⁡Cmath

  • 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, F76and

  • F77where 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 F226(including any academic years that the student began or ceased to attend part of the way through the year), excluding any years of repeat study for compelling personal reasons.

F66

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amount of the fee loan23

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) F22, (5A)F98, (6), (6A) or (6B) applies; or

b

F392£9,250 where the current course—

i

begins on or after 1st September 2012; and

ii

is provided by or on behalf of a publicly funded institution F378in England;

unless paragraph (6) F99, (6A), (6B), (6C) or (8) applies.

F1004

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) F379in England not listed in Schedule 5, the “maximum amount” is—

a

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

F380b

£3,000 where paragraph (7) applies;

c

£1,200, where paragraph (7A) applies F381...; or

d

£900, where paragraph (7B) applies F382....

F3834A

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

a

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

b

£3,080, where paragraph (7) applies;

c

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

d

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

e

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

f

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

g

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

h

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

i

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

j

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

F3845

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

a

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

b

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

c

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

d

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

F3855ZA

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

a

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

b

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

c

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

d

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

e

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

f

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

g

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

h

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

5ZB

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

a

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

b

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

c

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

d

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

e

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

f

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

g

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

h

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

F1045A

Where the current course began before 1st August 2012 and is provided by an institution in Northern Ireland, the maximum amount is F393£4,030, or, where paragraph (7), (7A) or (7B) applies, F393£2,005.

6

F105Where paragraph (7) applies, the “maximum amount” is—

a

£1,725 where the current course began before 1st September 2012 unless paragraph (5) F23or (5A) applies; or

b

F394£4,625 where the current course began on or after 1st September 2012 unless paragraph (4) F386(4A), (5), (5ZA) or (5ZB) applies.

F1026A

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

F395£1,850 where the current course began on or after 1st September 2012 and is provided by an institution in England F468..., unless paragraph (4) F469or (4A) applies; or

c

F396£4,625 where the current course began on or after 1st September 2012 and is provided by an institution in Northern Ireland or Scotland, unless paragraph F387(4A) or (5) applies.

6B

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

a

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

b

F397£1,385 where the current course began on or after 1st September 2012 and is provided by an institution in England F470..., unless paragraph (4) F471or (4A) applies; or

c

F398£4,625 where the current course began on or after 1st September 2012 and is provided by an institution in Northern Ireland or Scotland, unless paragraph F388(4A) or (5) applies.

6C

Where paragraph (7C) applies, the “maximum amount” is £1,350 F389where the course is provided by an institution in Wales or £1,385 where the course is provided by an institution in England or Scotland.

7

F106This 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; F107or

F101b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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;

F101d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1037A

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 F390, Wales or Scotland which began on or after 1st September 2012.

8

Where the current course is a graduate entry accelerated programme, the “maximum amount” is F391£5,785 for the first academic year of the course, otherwise £5,535.

9

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

Amount of fee loan for transferring students24

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 4GRANTS FOR FEES FOR OLD SYSTEM STUDENTS

Old system students who are continuing students25

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.

F2273

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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—

(SAY−X)+1math

  • 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 students26

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.

F2285

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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)—

(RAY−X)+1math

  • 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)—

(RAY−X−SS)+1math

  • 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)—

OD+1math

  • 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 courses27

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—

(D+X)−Pr⁡Cmath

  • 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 course28

1

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

F2292

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

3

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

4

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

5

The standard entitlement is calculated as follows—

OD+1math

  • 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 course29

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.

F2302

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

3

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

4

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

5

The standard entitlement is calculated as follows—

(OD+1)−PCmath

  • 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 study30

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 institution31

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 institution32

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 institution33

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 5FEE CONTRIBUTION LOANS FOR OLD SYSTEM STUDENTS

Availability of fee contribution loans to old system students34

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 loan35

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 5GRANTS FOR LIVING AND OTHER COSTS

CHAPTER 1TYPES OF GRANTS AVAILABLE

Current system students36

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 students37

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 2GENERAL PROVISIONS

General qualifying conditions for grants for living and other costs38

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 F78unless 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 F342or paragraph 10;

4

An eligible student does not qualify for a grant under this Part in respect of—

a

an academic year which is a bursary yearF231.

F232b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F232c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2335

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 F62clinical 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;

F63ba

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; F151...

e

unpaid service with—

F64i

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 M44 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 M45; or

iv

a Health and Social Services Board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972 M46F152; or

F153f

unpaid service with either House of Parliament.

8

Subject to paragraph (9), where one of the events listed in regulation 17(a), (b), (c), (e), (f), (g) or (h) occurs in the course of an academic year, a student may qualify for a particular grant in accordance with this Part in respect of F24...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.

Students who are treated as in attendance39

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 3DISABLED STUDENTS' ALLOWANCES

F131Qualifying conditions for the disabled students' allowance40

1

Subject to paragraphs (2) to (4), a student qualifies for a grant under regulation 40A if the student—

a

is an eligible student; and

b

has a disability.

2

A student does not qualify for a grant under regulation 40A in respect of a distance learning course starting on or after 1st September 2012 unless the Secretary of State considers that the student is undertaking the designated course in England on the first day of the first academic year.

F4722A

For the purposes of paragraph (2), a person (“A”) is to be treated as being ordinarily resident in England for any period during which A would have been so resident but for the fact that—

a

A,

b

A’s spouse or civil partner,

c

A’s parent, or

d

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

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

3

A student who would otherwise qualify for a grant under regulation 40A in respect of a distance learning course does not qualify for that grant in respect of that course if the Secretary of State considers that the student is undertaking the course outside of the United Kingdom.

F3993A

Paragraphs (2) and (3) do not apply to a person who is treated as being ordinarily resident in the United Kingdom by virtue of paragraph 1(4) of Schedule 1 on the basis of temporary employment falling within paragraph 1(5)(a) of that Schedule.

4

Where the state of which the student is a national accedes to the EU the student only qualifies for disabled students’ allowance if the student has been ordinarily resident in the United Kingdom and Islands throughout the three year period immediately preceding the first day of the first academic year of the course.

F131Payment of the disabled students’ allowance40A

The Secretary of State is authorised to pay the disabled students’ allowance to a student (“A”) who qualifies for that grant under regulation 40 for the purpose of assisting with the additional expenditure which A is obliged to incur in connection with A’s attendance on or undertaking of a designated course by reason of A’s disability.

Amount of the disabled students' allowance41

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.

F1541A

Subject to paragraph (2), the amount of the disabled students’ allowance in respect of additional expenditure on a computer must not exceed an amount equal to the additional expenditure incurred less £200.

2

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

a

F473£21,987 in respect of an academic year for expenditure on a non-medical personal helper;

b

F474£5,529 in respect of all the academic years during the period of eligibility for expenditure on major items of specialist equipment;

c

the additional expenditure incurred—

i

within the United Kingdom for the purpose of attending the institution;

ii

within or outside the United Kingdom for the purpose of attending, as a part of the student's course, any period of study at an overseas institution or for the purpose of attending the Institute;

d

F475£1,847 in respect of an academic year for any other expenditure including expenditure incurred for the purposes referred to in sub-paragraph (a) or (b) which exceeds the maxima specified in those sub-paragraphs.

3

Where the eligible student has received payments to assist with expenditure on major items of specialist equipment in connection with the course by virtue of holding a transitional award, the maximum amount of grant under paragraph (2)(b) is reduced by the amount of those payments.

F4004

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1555

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1566

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F257

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 F234regulation 40(4), where one of the events listed in regulation 17(a), (b), (c), (e) (f), (g) or (h) occurs in the course of an academic year, a student may qualify for the disabled students’ allowance for the purposes specified in paragraphs (2)(a), (c) and (d) in respect of such quarters as begin after the relevant event occurs.

F1579

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER 4GRANTS FOR DEPENDANTS

Interpretation of Chapter 442

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);

F33ga

“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);

F129ge

“taxable income” means, in respect of the prior financial year—

i

the total income on which a person (“A”) is charged to income tax as determined at Step 1 of the calculation in section 23 of the Income Tax Act 2007, together with any payments and other benefits mentioned in section 401(1) of the Income Tax (Earnings and Pensions) Act 2003 (ignoring section 401(2) of that Act), received or treated as received by A, to the extent that they are not a component of the total income on which A is charged to income tax;

ii

A’s total income from all sources as determined for the purposes of the income tax legislation of another Member State which applies to A’s income; or

iii

where the legislation of more than one Member State applies to the period, A’s total income from all sources as determined for the purposes of the income tax legislation under which the Secretary of State considers that A’s total income in that period is greatest,

except than no account is taken of income referred to in paragraph (1A) paid to another party;

h

subject to sub-paragraphs (i), (j), (k), (l) and (m), “partner” means any of the following—

i

the spouse of an eligible student;

ii

the civil partner of an eligible student;

iii

a person ordinarily living with an eligible student as if that person were the student's spouse where an eligible student falls within paragraph 2(1)(a) of Schedule 4 and began the specified designated course on or after 1st September 2000;

iv

a person ordinarily living with an eligible student as if that person were the student's civil partner where an eligible student falls within paragraph 2(1)(a) of Schedule 4 and began the specified designated course on or after 1st September 2005;

i

unless otherwise indicated, a person who would otherwise be a partner under sub-paragraph (h) is not to be treated as a partner if—

i

in the opinion of the Secretary of State, that person and the eligible student are separated; or

ii

the person is ordinarily living outside the United Kingdom and is not maintained by the eligible student;

j

for the purposes of the definition of “adult dependant”, a person is to be treated as a partner if that person would be a partner under sub-paragraph (h) but for the fact that the eligible student with whom that person is ordinarily living does not fall within paragraph 2(1)(a) of Schedule 4;

k

for the purposes of the definitions of “child” and “lone parent”, a person is to be treated as a partner if that person would be a partner under sub-paragraph (h) but for the date on which the eligible student began the specified designated course or the fact that the eligible student with whom that person is ordinarily living does not fall within paragraph 2(1)(a) of Schedule 4;

l

for the purposes of regulation 45—

i

sub-paragraph (i) does not apply; and

ii

a person is to be treated as a partner if that person would be a partner under sub-paragraph (h) but for the fact that the eligible student with whom that person is ordinarily living does not fall within paragraph (2)(1)(a) of Schedule 4;

m

for the purposes of determining whether a person is the former partner of an eligible student's partner, “partner” in relation to an eligible student's partner means—

i

the spouse of an eligible student's partner;

ii

the civil partner of an eligible student's partner;

iii

where the eligible student began the specified designated course on or after 1st September 2000, a person (“A”) ordinarily living with an eligible student's partner (“B”) as if A were B's spouse;

iv

where the eligible student began the specified designated course on or after 1st September 2005, a person “A” ordinarily living with an eligible student's partner “B” as if A were B's civil partner;

n

subject to sub-paragraph (o), for the purposes of the definitions of “adult dependant” and “dependent child”, the Secretary of State may treat an adult person or child as dependent on an eligible student if the Secretary of State is satisfied that the adult person or child—

i

is not dependent on—

aa

the eligible student; or

bb

the student's partner; but

ii

is dependent on the eligible student and the student's partner together;

o

the Secretary of State must not treat an adult person (“A”) as dependent on an eligible student in accordance with sub-paragraph (n), if A is—

i

the spouse or civil partner of the eligible student's partner (including a spouse or civil partner from whom the Secretary of State considers the eligible student's partner is separated); or

ii

the former partner of the eligible student's partner.

F261A

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

F29...A dependant's net income is the dependant's income from all sources F30(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 M47;

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 M48;

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 M49F345or, as the case may be, any payment made under section 81 of the Social Services and Well-being (Wales) Act 2014;

f

any payments made to the dependant under section 15 of and Schedule 1 to the Children Act 1989 in respect of a person who is not the dependant's child or any assistance given by a local authority pursuant to section 24 of that Act M50F346or section 104 of the Social Services and Well-being (Wales) Act 2014 in so far as that section applies to category 5 and 6 young persons within the meaning of that Act;

g

any child tax credit to which the dependant is entitled under Part I of the Tax Credits Act 2002 M51; F66...

h

a higher education bursary paid to the dependent;

F67i

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 F435... 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

F31Subject 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 F32residual 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.

F273A

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.

F285

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.

General43

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' grant44

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 F34for 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

F476£2,925; or

b

where the person in respect of whom the eligible student is applying for adult dependants' grant is ordinarily resident outside the United Kingdom, such amount not exceeding F477£2,925 as the Secretary of State considers reasonable in the circumstances.

Childcare grant45

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) F235, (3B) and (4), the childcare grant is available in respect of an academic year in which A incurs prescribed childcare charges for—

a

a dependent child who is under the age of 15 immediately before the beginning of the academic year; or

b

a dependent child who has special educational needs within the meaning of F130section 20 of the Children and Families Act 2014 and is under the age of 17 immediately before the beginning of the academic year.

3

A does not qualify for a childcare grant if F158... F68—

a

F159A or A’s partner has elected to receive the childcare element of the working tax credit under Part 1 of the Tax Credits Act 2002; F160...

b

F161A or A’s partner is entitled to an award of universal credit the calculation of which includes an amount under regulation 31 of the Universal Credit Regulations 2013 (childcare costs element)F401...

F162c

A’s partner has elected to receive financial support for childcare under a healthcare bursary F402or Scottish healthcare allowanceF403; or

F404d

A’s partner is eligible for a healthcare tuition payment and has elected to receive financial support for childcare under section 63 of the Health Services and Public Health Act 1968.

F2363A

In this regulation, the terms “entitlement period” and “valid declaration of eligibility” have the same meanings as they have for the purposes of the Childcare Payments Act 2014 and regulations made thereunder.

3B

A does not qualify for a childcare grant during any entitlement period for which A or A’s partner has made a valid declaration of eligibility under the Childcare Payments Act 2014 in relation to any child.

4

A does not qualify for a childcare grant if the prescribed childcare charges that A incurs for A's child are paid or to be paid by A to A's partner.

5

Subject to F36paragraphs (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 F478£164.70 per week; or

b

for two or more dependent children, 85 per cent. of the prescribed childcare charges, subject to a maximum amount of F479£282.36 per week

except that A does not qualify for any such grant in respect of each week falling within the period between the end of the course and the end of the academic year in which the course ends.

6

For the purposes of calculating the basic amount of childcare grant—

a

a week runs from Monday to Sunday; and

b

where a week in respect of which prescribed childcare charges are incurred falls partly within and partly outside the academic year in respect of which childcare grant is payable under this regulation, the maximum weekly amount of grant is calculated by multiplying the relevant maximum weekly amount in paragraph (5) by the number of days of that week falling within the academic year and dividing the product by seven.

7

In this regulation “prescribed childcare charges” means childcare charges of a description prescribed for the purposes of section 12 of the Tax Credits Act 2002 M52.

F358

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 F480£127.33 per week.

10

Subject to paragraph (8) and (11), a childcare grant is payable in respect of the four quarters of the academic year.

11

Subject to paragraph (12), where one of the events listed in regulation 17(a), (b), (c), (e), (f), (g) or (h) occurs in the course of an academic year, a student may qualify for a childcare grant in respect of such quarters as begin after the relevant event occurs.

12

Where the state of which the student is a national accedes to the EU the student may qualify for the childcare grant only if the student has been ordinarily resident in the United Kingdom and Islands throughout the three year period immediately preceding the first day of the first academic year of the course.

Parents' learning allowance46

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 F481£1,669.

Calculations47

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 toA−Bmathas 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 A−Bmath 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.

F377

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.

CHAPTER 5GRANTS FOR TRAVEL

Interpretation48

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.

General49

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.

F2149A

1

Subject to paragraph (2), a grant for travel is payable in respect of the four quarters of the academic year.

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.

Qualifying conditions for the grant for travel – courses in medicine and dentistry50

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 dentistry51

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 study52

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 study53

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

  • (X−£303)+Ymath

  • 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 travel55

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

CHAPTER 6MAINTENANCE GRANTS FOR CURRENT SYSTEM STUDENTS

Qualifying conditions for the maintenance grant56

1

A current system student F237who is not a 2016 cohort student qualifies in accordance with this regulation for a maintenance grant in connection with the student's attendance on a designated course (other than a distance learning course).

2

A current system student does not qualify for a maintenance grant if the student qualifies for a special support grant.

3

If a current system student does not qualify for a fee loan in respect of an academic year of the designated course, the student cannot qualify for a maintenance grant for that year unless the reason that the student does not qualify for a fee loan is that—

a

the year is an Erasmus year F108in accordance with regulation 19(2)F238.

F239b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

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

F385

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.

Amount of the maintenance grant – 2008 cohort students57

F2401

The maximum amount of maintenance grant available to a 2008 cohort student in respect of an academic year is F482£3,299.

F2412

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2413

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2424

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

A 2008 cohort student F243... 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 F483£3,299;

b

where the household income exceeds £25,000 but does not exceed F39£61,047, the student receives an amount equal toM−(A+B)math where—

M is F484£3,299

A is £1 for every complete F484£5.24 by which the household income exceeds £25,000 but does not exceed F405£34,722

B is £1 for every complete F484£18.88 by which the household income exceeds F405£34,722 but does not exceed F39£61,047; and

c

where the household income exceeds F40£61,047, no maintenance grant is payable.

Amount of the maintenance grant – 2009 cohort students58

F2441

The maximum amount of maintenance grant available to a 2009 cohort student in respect of an academic year is F485£3,299.

F2452

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2453

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2464

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

A 2009 cohort student F247... 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 F486£3,299;

b

where the household income exceeds £25,000 but does not exceed F41£50,706, the student receives an amount equal toM−(A+B)math where—

M is F487£3,299

A is £1 for every complete F487£4.70 by which the household income exceeds £25,000 but does not exceed F41£34,264

B is £1 for every complete F487£12.86 by which the household income exceeds F41£34,264 but does not exceed F41£50,706; and

c

where the household income exceeds F42£50,706, no maintenance grant is payable.

Amount of the maintenance grant – 2012 cohort students59

1

The maximum amount of maintenance grant available to a 2012 cohort student in respect of an academic year is F488£3,593.

2

A 2012 cohort student who qualifies for a maintenance grant in respect of an academic year receives, subject to sub-paragraph (c), an amount as follows in respect of that year—

a

where the household income is £25,000 or less, the student receives F489£3,593

b

where the household income exceeds £25,000 but does not exceed F490£42,645 the student receives an amount equal to M−Amath where—

M is F490£3,593

A is £1 for every complete F490£4.98 by which the household income exceeds £25,000; and

c

where the household income exceeds F491£42,645, no maintenance grant is payable.

F190Amount of the maintenance grant – current system students who are not 2008, 2009, 2012 or 2016 cohort students60

F1911

The maximum amount of maintenance grant available to a current system student who is not a 2008, 2009, 2012 or 2016 cohort student in respect of an academic year is F492£3,299.

F1922

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1923

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1934

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

A current system student F194other than a 2008, 2009, 2012 or 2016 cohort student who qualifies for a maintenance grant in respect of an academic year receives an amount as follows in respect of that year—

a

where the household income is £18,360 or less, the student receives F493£3,299;

b

where the household income exceeds £18,360 but does not exceed F43£39,571, the student receives an amount equal toM−(A+B)math where—

M is F494£3,299

A is £1 for every complete F494£5.24 by which the household income exceeds £18,360 but does not exceed F406£28,082;

B is £1 for every complete F494£8.24 by which the household income exceeds F406£28,082 but does not exceed F43£39,571;

c

where the household income exceeds F44£39,571, no maintenance grant is payable.

CHAPTER 7SPECIAL SUPPORT GRANTS FOR CURRENT SYSTEM STUDENTS

Qualifying conditions for the special support grant61

F248A1

A current system student who is a 2016 cohort student does not qualify for a special support grant.

1

A current system student qualifies in accordance with this regulation for a special support grant in connection with the student's attendance on a designated course (other than a distance learning course) to defray the costs of books, equipment, travel or childcare incurred for the purpose of attending that course.

2

A current system student qualifies for a special support grant if the student—

a

falls within a prescribed category of person for the purposes of section 124(1)(e) of the Social Security Contributions and Benefits Act 1992 M53; F69...

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 M54F70; 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 F109in accordance with regulation 19(2)F249.

F250b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

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

F455

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.

Amount of the special support grant – 2008 cohort students62

F2511

The maximum amount of special support grant available to a 2008 cohort student in respect of an academic year is F495£3,299.

F2522

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2523

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2534

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

A 2008 cohort student F254... 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 F496£3,299;

b

where the household income exceeds £25,000 but does not exceed F46£61,047, the student receives an amount equal toM−(A+B)math where—

M is F497£3,299,

A is £1 for every complete F497£5.24 by which the household income exceeds £25,000 but does not exceed F407£34,722,

B is £1 for every complete F497£18.88 by which the household income exceeds F407£34,722 but does not exceed F46£61,047; and

c

where the household income exceeds F47£61,047, no special support grant is payable.

Amount of the special support grant – 2009 cohort students63

F2551

The maximum amount of special support grant available to a 2009 cohort student in respect of an academic year is F498£3,299.

F2562

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2563

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2574

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

A 2009 cohort student F258... 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 F499£3,299;

b

where the household income exceeds £25,000 but does not exceed F48£50,706, the student receives an amount equal toM−(A+B)math where—

M is F500£3,299

A is £1 for every complete F500£4.70 by which the household income exceeds £25,000 but does not exceed F48£34,264

B is £1 for every complete F500£12.86 by which the household income exceeds F48£34,264 but does not exceed F48£50,706; and

c

where the household income exceeds F49£50,706, no special support grant is payable.

Amount of the special support grant – 2012 cohort students64

1

The maximum amount of F7special support grant available to a 2012 cohort student in respect of an academic year is F501£3,593.

2

A 2012 cohort student who qualifies for a F7special 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 F502£3,593;

b

where the household income exceeds £25,000 but does not exceed F503£42,645 the student receives an amount equal to M−Amath where—

M is F503£3,593

A is £1 for every complete F503£4.98 by which the household income exceeds £25,000; and

c

where the household income exceeds F504£42,645, no F7special support grant is payable.

F195Amount of the special support grant – current system students who are not 2008, 2009, 2012 or 2016 cohort students65

F1961

The maximum amount of special support grant available to a current system student who is not a 2008, 2009, 2012 or 2016 cohort student in respect of an academic year is F505£3,299.

F1972

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1973

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1984

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

A current system student F199other than a 2008, 2009, 2012 or 2016 cohort student who qualifies for a special support grant in respect of an academic year receives an amount as follows in respect of that year—

a

where the household income is £18,360 or less, the student receives F506£3,299;

b

where the household income exceeds £18,360 but does not exceed F50£39,571, the student receives an amount equal toM−(A+B)math where—

M is F507£3,299

A is £1 for every complete F507£5.24 by which the household income exceeds £18,360 but does not exceed F408£28,082;

B is £1 for every complete F507£8.24 by which the household income exceeds F408£28,082 but does not exceed F50£39,571;

c

where the household income exceeds F51£39,571, no special support grant is payable.

CHAPTER 8HIGHER EDUCATION GRANTS FOR OLD SYSTEM STUDENTS

Qualifying conditions for the higher education grant66

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 yearF259.

F260b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amount of the higher education grant67

1

The maximum amount of higher education grant available in respect of an academic year is F110£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 F111£1,010;

b

where the household income exceeds £16,750 and does not exceed £22,735, the student receives an amount equal toM−Amath where—

M is F112£1,010

A is £1 for every complete F112£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.

PART 6LOANS FOR LIVING COSTS

CHAPTER 1QUALIFYING CONDITIONS

Interpretation of Part 668

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 F508£1,444, the amount of maintenance grant payable;

ii

where the student qualifies under Chapter 6 of Part 5 for an amount of maintenance grant exceeding F509£1,444,F509£1,444; and

iii

where no maintenance grant is payable, nil.

c

an “old system student with full entitlement” is an old system student other than a student with reduced entitlement;

d

the “relevant date” is the first day of the first academic year of the specified designated course;

e

a “student with reduced entitlement” is an eligible student who—

i

does not qualify for a grant for living and other costs in respect of the academic year because of regulation 38(4)(a) F261... 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 F262;

F263g

a “loan for living costs” is a loan for maintenance only, except where paragraph (h) or (i) applies;

h

a “loan for living costs” where regulation 71(1)(h) applies, is a loan for maintenance and, where applicable, a special support loan;

i

a “loan for living costs” where regulation 71(1)(i) applies, is a special support loan only;

j

a “long courses loan” is a loan for maintenance;

k

a “special support loan” is a loan to defray the costs of books, equipment, travel or childcare incurred for the purpose of attending a designated course.

Qualifying conditions for the loan for living costs – current system students69

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 F409... income whether or not the calculation results in a nil amount in respect of any academic year of the course; F410...

F411ca

the current system student is eligible for a healthcare tuition payment;

d

the current system student is on a course for the initial training of teachers F412; or

F413e

the designated course—

i

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

F766ii

leads to—

aa

an ordinary degree or an honours degree;

bb

in respect of a course in a dental profession subject, an ordinary degree, an honours degree, a diploma or a foundation degree; or

cc

in respect of a course in operating department practice, an ordinary degree, an honours degree or a diploma;

iii

begins on or after 1st August 2017 F747... F767or, in the case of a course in a dental profession subject, begins on or after 1st August 2018;

f

F768the designated course is a postgraduate pre-registration course which begins on or after 1st August 2018.

F1632A

The condition in paragraph (1)(a) or (b) does not apply where the Secretary of State determines that the following conditions are satisfied—

a

the current system student has provided all information required by the Secretary of State in relation to qualifications held by the student;

b

that information is accurate; and

c

the Secretary of State has provided written notification that the student qualifies for a loan for living costs under Chapter 1 of Part 6 in respect of an academic year of the current course.

2B

Where paragraph (2A) applies, a current system student qualifies for a loan for living costs in accordance with paragraphs (2C) to F510(2F).

2C

If the Secretary of State makes the determination before the first day of the first academic year of the current course then the current system student qualifies for a loan for living costs in respect of the first academic year of the current course.

2D

If the Secretary of State makes the determination on or after the first day of the first academic year of the current course then the current system student qualifies for a loan for living costs in respect of—

a

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

b

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

F5112E

Paragraphs (2C) and (2D) do not apply if the Secretary of State considers that there are exceptional circumstances.

F5122F

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

3

A current system student does not qualify for a loan for living costs if—

a

the only paragraph in Part 2 of Schedule 1 into which the student falls is paragraph 9 F343or paragraph 10;

b

the student is a prisoner; or

c

the current course is a distance learning course F79unless the student is treated as being in attendance on the designated course under regulation 86.

F2644

The requirement in paragraph (1) that the student is under the age of 60 on the relevant date does not apply to a current system student who is a 2016 cohort student.

Qualifying conditions for the loan for living costs – old system students70

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 F414... income or a Scottish healthcare allowance the amount of which is calculated by reference to F414... 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.

F2655

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

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

CHAPTER 2MAXIMUM AMOUNTS OF LOANS

General71

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 F266(other than a 2008, 2009, 2012 or 2016 cohort student) with full entitlement, in accordance with regulation 77 or 78;

e

where the eligible student is an old system student with full entitlement, in accordance with regulation 79;

f

where the eligible student is a student with reduced entitlement, in accordance with regulation 80 F267;

F268g

in accordance with regulation 80A where the eligible student—

i

is a 2016 cohort student with full entitlement;

ii

is under the age of 60 on the relevant date; and

iii

does not meet the condition in sub-paragraph (h)(iii);

h

in accordance with regulation 80B where the eligible student—

i

is a 2016 cohort student with full entitlement;

ii

is under the age of 60 on the relevant date; and

iii

would qualify for a special support grant but for regulation 61(A1);

i

in accordance with regulation 80C where the eligible student—

i

is a 2016 cohort student with full entitlement; and

ii

is not under the age of 60 on the relevant date.

F7842

This Chapter is subject to regulations 139B(4) to (6) and 139C(3) to (5).

2008 cohort students with full entitlement F269...72

1

This regulation applies to a 2008 cohort student with full entitlement F270....

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 toX−Ymath where—

  • X is—

    1. i

      for a student in category A, F513£4,163;

    2. ii

      for a student in category B, F514£7,533;

    3. iii

      for a student in category C, F515£6,409;

    4. iv

      for a student in category D, F516£5,380;

  • Subject to paragraph (4), Y is £1 for every complete F517£8.17 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 toX−Ymath where—

  • X is—

    1. i

      for a student in category A, F518£3,762;

    2. ii

      for a student in category B, F519£6,858;

    3. iii

      for a student in category C, F520£5,572;

    4. iv

      for a student in category D, F521£4,977;

  • Subject to paragraph (4), Y is £1 for every complete F522£8.17 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 F52£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, F523£4,163;

b

for a student in category B, F524£7,533;

c

for a student in category C, F525£6,409;

d

for a student in category D, F526£5,380.

7

Subject to Chapter 4 of this Part, where the student's household income exceeds F53£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, F527£3,762;

b

for a student in category B, F528£6,858;

c

for a student in category C, F529£5,572;

d

for a student in category D, F530£4,977.

8

Subject to Chapter 4 of this Part, where the student's household income is F54£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 toX−Ymath where—

  • X is—

    1. i

      for a student in category A, F531£4,163;

    2. ii

      for a student in category B, F532£7,533;

    3. iii

      for a student in category C, F533£6,409;

    4. iv

      for a student in category D, F534£5,380;

  • Y is the maintenance grant amount.

9

Subject to Chapter 4 of this Part, where the student's household income is F55£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 toX−Ymath where—

  • X is—

    1. i

      for a student in category A, F535£3,762;

    2. ii

      for a student in category B, F536£6,858;

    3. iii

      for a student in category C, F537£5,572;

    4. iv

      for a student in category D, F538£4,977;

  • Y is the maintenance grant amount.

Type 1 and type 2 teacher training students who are 2008 cohort studentsF27273

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2009 cohort students with full entitlement F273...74

1

This regulation applies to a 2009 cohort student with full entitlement F274....

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 toX−Ymath where—

  • X is—

    1. i

      for a student in category A, F539£4,352;

    2. ii

      for a student in category B, F540£7,855;

    3. iii

      for a student in category C, F541£6,682;

    4. iv

      for a student in category D, F542£5,614;

  • Subject to paragraph (4), Y is £1 for every complete F543£4.42 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 toX−Ymath where—

X is—

  1. i

    for a student in category A, F544£3,948;

  2. ii

    for a student in category B, F545£7,152;

  3. iii

    for a student in category C, F546£5,810;

  4. iv

    for a student in category D, F547£5,195;

Subject to paragraph (4), Y is £1 for every complete F548£4.42 by which the household income exceeds £50,778.X−Ymath 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 F56£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, F549£4,352;

b

for a student in category B, F550£7,855;

c

for a student in category C, F551£6,682;

d

for a student in category D, F552£5,614.

7

Subject to Chapter 4 of this Part, where the student's household income exceeds F57£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, F553£3,948;

b

for a student in category B, F554£7,152;

c

for a student in category C, F555£5,810;

d

for a student in category D, F556£5,195.

8

Subject to Chapter 4 of this Part, where the student's household income is F58£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—

    1. i

      for a student in category A, F557£4,352;

    2. ii

      for a student in category B, F558£7,855;

    3. iii

      for a student in category C, F559£6,682;

    4. iv

      for a student in category D, F560£5,614;

  • Y is the maintenance grant amount.

9

Subject to Chapter 4 of this Part, where the student's household income is F59£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 toX−Ymath where—

  • X is—

    1. i

      for a student in category A, F561£3,948;

    2. ii

      for a student in category B, F562£7,152;

    3. iii

      for a student in category C, F563£5,810;

    4. iv

      for a student in category D, F564£5,195;

  • Y is the maintenance grant amount.

10

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

a

where the student F275... qualifies under Chapter 6 of Part 5 for a maintenance grant, half the amount of the maintenance grant payable; F276and

F277b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

where no maintenance grant is payable, nil.

Type 1 and type 2 teacher training students who are 2009 cohort studentsF27875

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2012 cohort students with full entitlement76

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 toX−Ymath where—

  • X is—

    1. i

      for a student in category A, F565£4,960;

    2. ii

      for a student in category B, F566£8,702;

    3. iii

      for a student in category C, F567£7,410;

    4. iv

      for a student in category D, F568£6,236;

  • Subject to paragraph (4), Y is £1 for every complete F569£8.84 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 toX−Ymath where—

  • X is—

    1. i

      for a student in category A, F570£4,557;

    2. ii

      for a student in category B, F571£7,925;

    3. iii

      for a student in category C, F572£6,440;

    4. iv

      for a student in category D, F573£5,800;

  • Subject to paragraph (4), Y is £1 for every complete F574£8.84 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 F575£42,645 but does not exceed £42,875, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year other than the final year of a course that is not an intensive course is—

a

for a student in category A, F576£4,960;

b

for a student in category B, F577£8,702;

c

for a student in category C, F578£7,410;

d

for a student in category D, F579£6,236.

7

Subject to Chapter 4 of this Part, where the student's household income exceeds F580£42,645 but does not exceed £42,875 the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year that is the final year of a course that is not an intensive course is—

a

for a student in category A, F581£4,557;

b

for a student in category B, F582£7,925;

c

for a student in category C, F583£6,440;

d

for a student in category D, F584£5,800.

8

Subject to Chapter 4 of this Part, where the student's household income is F585£42,645 or less, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year other than the final year of a course that is not an intensive course is equal toX−Ymath where—

  • X is—

    1. i

      for a student in category A, F586£4,960;

    2. ii

      for a student in category B, F587£8,702;

    3. iii

      for a student in category C, F588£7,410;

    4. iv

      for a student in category D, F589£6,236;

  • Y is the maintenance grant amount.

9

Subject to Chapter 4 of this Part, where the student's household income is F590£42,645 or less, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year that is the final year of a course that is not an intensive course is equal toX−Ymath where—

  • X is—

    1. i

      for a student in category A, F591£4,557;

    2. ii

      for a student in category B, F592£7,925;

    3. iii

      for a student in category C, F593£6,440;

    4. iv

      for a student in category D, F594£5,800;

  • 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.

Current system students with full entitlement who are not 2008, 2009, 2012 or 2016 cohort studentsF34777

1

This regulation applies to a current system student with full entitlement (other than a 2008, 2009, 2012 or 2016 cohort student).

2

Subject to Chapter 4 of this Part, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year other than the final year of a course that is not an intensive course is equal to—

where—

  • X is—

    1. i

      for a student in category A, F595£4,163;

    2. ii

      for a student in category B, F596£7,533;

    3. iii

      for a student in category C, F597£6,409;

    4. iv

      for a student in category D, F598£5,380;

  • Y is the maintenance grant amount.

3

Subject to Chapter 4 of this Part, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year that is the final year of a course that is not an intensive course is equal to

where—

  • X is—

    1. i

      for a student in category A, F599£3,762;

    2. ii

      for a student in category B, F600£6,858;

    3. iii

      for a student in category C, F601£5,572;

    4. iv

      for a student in category D, F602£4,977;

  • Y is the maintenance grant amount.

Type 1 and type 2 teacher training students who are not 2008 or 2009 cohort studentsF27978

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Old system students with full entitlement79

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, F164£3,832;

b

for a student in category B, F165£6,933;

c

for a student in category C, F166£5,899;

d

for a student in category D, F167£4,952.

2

Subject to Chapter 4 of this Part, the maximum amount of loan for living costs for which an old system student with full entitlement qualifies in respect of an academic year that is the final year of a course that is not an intensive course is—

a

for a student in category A, F168£3,463;

b

for a student in category B, F169£6,312;

c

for a student in category C, F170£5,129;

d

for a student in category D, F171£4,582.

Students with reduced entitlement80

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 F280regulation 38(6)—

i

for a student in category A, F603£1,976;

ii

for a student in category B, F604£3,700;

F415iii

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

iv

for a student in category D, F605£2,635.

c

where the student, other than a 2009 F281, 2012 or 2016 cohort student, applies for a loan for living costs and opts not to provide the information needed to calculate the household income F282, the amount is—

i

for a student in category A, F606£3,122;

ii

for a student in category B, F607£5,650;

iii

for a student in category C, F608£4,807;

iv

for a student in category D, F609£4,035.

F283...

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 F284, the amount is—

i

for a student in category A, F610£3,133;

ii

for a student in category B, F611£5,656;

iii

for a student in category C, F612£4,811;

iv

for a student in category D, F613£4,042.

F285...

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, F614£3,224;

ii

for a student in category B, F615£5,656;

iii

for a student in category C, F616£4,817;

iv

for a student in category D, F617£4,056.

F286f

where a 2016 cohort student applies for a loan for living costs and opts not to provide the information needed to calculate the household income, the amount is—

i

for a student in category A, F618£3,224;

ii

for a student in category B, F619£5,654;

iii

for a student in category C, F620£4,816;

iv

for a student in category D, F621£4,054.

2

Subject to Chapter 4 of this Part, the maximum amount of loan for living costs for which a student with reduced entitlement qualifies in respect of an academic year that is the final year of a course that is not an intensive course is—

a

where the student does not qualify for a grant for living and other costs in relation to the academic year because of regulation 38(4)(a)—

i

for a student in category A, £1,324;

ii

for a student in category B, £2,498;

iii

for a student in category C or D, £1,811;

b

where the student does not qualify for a grant for living and other costs in relation to the academic year because of F287regulation 38(6)—

i

for a student in category A, F622£1,501;

ii

for a student in category B, F623£2,831;

F416iii

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

iv

for a student in category D, F624£2,054;

c

where the student, other than a 2009 F288, 2012 or 2016 cohort student, applies for a loan for living costs and opts not to provide the information needed to calculate the household income F289, the amount is—

i

for a student in category A, F625£2,822;

ii

for a student in category B, F626£5,144;

iii

for a student in category C, F627£4,179;

iv

for a student in category D, F628£3,733.

F290...

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 F291, the amount is—

i

for a student in category A, F629£2,843;

ii

for a student in category B, F630£5,149;

iii

for a student in category C, F631£4,183;

iv

for a student in category D, F632£3,740.

F292...

e

where a 2012 F417... 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, F633£2,962;

ii

for a student in category B, F634£5,151;

iii

for a student in category C, F635£4,186;

iv

for a student in category D, F636£3,770F419;

F418f

where a 2016 cohort student applies for a loan for living costs and opts not to provide the information needed to calculate the household income, the amount is—

i

for a student in category A, F637£2,962;

ii

for a student in category B, F638£5,151;

iii

for a student in category C, F639£4,185;

iv

for a student in category D, F640£3,769.

F2933

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2934

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1882016 cohort students with full entitlement who satisfy the conditions in regulation 71(1)(g)80A

1

This regulation applies to a 2016 cohort student who satisfies all the conditions in regulation 71(1)(g).

2

Subject to Chapter 4 of this Part and paragraph (4), the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year other than the final year of a course that is not an intensive course is equal to

where—

  • X is—

    1. i

      for a student in category A, F641£7,324;

    2. ii

      for a student in category B, F642£11,354;

    3. iii

      for a student in category C, F643£9,963;

    4. iv

      for a student in category D, F644£8,700;

  • Y is—

    1. i

      for a student in category A, £1 for every complete F641£8.10 by which the student’s household income exceeds £25,000;

    2. ii

      for a student in category B, £1 for every complete F642£7.87 by which the student’s household income exceeds £25,000;

    3. iii

      for a student in category C, £1 for every complete F643£7.93 by which the student’s household income exceeds £25,000;

    4. iv

      for a student in category D, £1 for every complete F644£8.01 by which the student’s household income exceeds £25,000.

3

Subject to Chapter 4 of this Part and paragraph (4), the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year that is the final year of a course that is not an intensive course is equal to

where—

  • X is—

    1. i

      for a student in category A, F645£6,892;

    2. ii

      for a student in category B,F646£10,518;

    3. iii

      for a student in category C, F647£8,918;

    4. iv

      for a student in category D, F648£8,228;

  • Y is—

    1. i

      for a student in category A, £1 for every complete F645£8.10 by which the student’s household income exceeds £25,000;

    2. ii

      for a student in category B, £1 for every complete F646£7.87 by which the student’s household income exceeds £25,000;

    3. iii

      for a student in category C, £1 for every complete F647£7.93 by which the student’s household income exceeds £25,000;

    4. iv

      for a student in category D, £1 for every complete F648£8.01 by which the student’s household income exceeds £25,000.

4

Where the maximum amount of loan for living costs is calculated in accordance with paragraph (2) or (3) and is less than the minimum level for the academic year specified in regulation 105, the minimum level for the academic year is payable.

F1882016 cohort students with full entitlement who satisfy the conditions in regulation 71(1)(h)80B

1

This regulation applies to a 2016 cohort student who satisfies all the conditions in regulation 71(1)(h).

2

Subject to Chapter 4 of this Part and paragraph (6), the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year other than the final year of a course that is not an intensive course is equal to—

where—

  • X is—

    1. i

      for a student in category A, F649£8,640;

    2. ii

      for a student in category B, F650£12,382;

    3. iii

      for a student in category C, F651£11,090;

    4. iv

      for a student in category D, F652£9,916;

  • Y is—

    1. i

      for a student in category A, £1 for every complete F649£5.075 by which the student’s household income exceeds £25,000 but does not exceed £42,875;

    2. ii

      for a student in category B, £1 for every complete F650£5.418 by which the student’s household income exceeds £25,000 but does not exceed £42,875;

    3. iii

      for a student in category C, £1 for every complete F651£5.286 by which the student’s household income exceeds £25,000 but does not exceed £42,875;

    4. iv

      for a student in category D, £1 for every complete F652£5.185 by which the student’s household income exceeds £25,000 but does not exceed £42,875;

  • Z is—

    1. i

      for a student in category A, £1 for every complete F649£8.10 by which the student’s household income exceeds £42,875;

    2. ii

      for a student in category B, £1 for every complete F650£7.87 by which the student’s household income exceeds £42,875;

    3. iii

      for a student in category C, £1 for every complete F651£7.93 by which the student’s household income exceeds £42,875;

    4. iv

      for a student in category D, £1 for every complete F652£8.01 by which the student’s household income exceeds £42,875.

3

The loan for living costs for an academic year other than the final year of a course that is not an intensive course, where regulation 71(1)(h) applies, is made up of a loan for maintenance and a special support loan, whereby the maximum loan for maintenance is—

a

for a student in category A, F653£4,960;

b

for a student in category B, F654£8,702;

c

for a student in category C, F655£7,410;

d

for a student in category D, F656£6,236;

and any remainder is a special support loan.

4

Subject to Chapter 4 of this Part and paragraph (6), the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year that is the final year of a course that is not an intensive course is equal to—

where—

  • X is—

    1. i

      for a student in category A, F657£8,237;

    2. ii

      for a student in category B, F658£11,604;

    3. iii

      for a student in category C, F659£10,119;

    4. iv

      for a student in category D, F660£9,479;

  • Y is—

    1. i

      for a student in category A, £1 for every complete F657£5.033 by which the student’s household income exceeds £25,000 but does not exceed £42,875;

    2. ii

      for a student in category B, £1 for every complete F658£5.324 by which the student’s household income exceeds £25,000 but does not exceed £42,875;

    3. iii

      for a student in category C, £1 for every complete F659£5.173 by which the student’s household income exceeds £25,000 but does not exceed £42,875;

    4. iv

      for a student in category D, £1 for every complete F660£5.133 by which the student’s household income exceeds £25,000 but does not exceed £42,875;

  • Z is—

    1. i

      for a student in category A, £1 for every complete F657£8.10 by which the student’s household income exceeds £42,875;

    2. ii

      for a student in category B, £1 for every complete F658£7.87 by which the student’s household income exceeds £42,875;

    3. iii

      for a student in category C, £1 for every complete F659£7.93 by which the student’s household income exceeds £42,875;

    4. iv

      for a student in category D, £1 for every complete F660£8.01 by which the student’s household income exceeds £42,875.

5

The loan for living costs for an academic year that is the final year of a course that is not an intensive course, where regulation 71(1)(h) applies, is made up of a loan for maintenance and a special support loan, whereby the maximum loan for maintenance is—

a

for a student in category A, F661£4,557;

b

for a student in category B, F662£7,924;

c

for a student in category C, F663£6,439;

d

for a student in category D, F664£5,799;

and any remainder is a special support loan.

6

Where the maximum amount of loan for living costs is calculated in accordance with paragraph (2) or (4) and is less than the minimum level for the academic year specified in regulation 105, the minimum level for the academic year is payable.

F1882016 cohort students with full entitlement who satisfy the conditions in regulation 71(1)(i)80C

1

This regulation applies to a 2016 cohort student who satisfies both the conditions in regulation 71(1)(i).

2

Subject to Chapter 4 of this Part, the loan for living costs is a special support loan and the maximum amount for which a student to whom this regulation applies qualifies is equal to—

where—

  • X is F665£3,680;

  • Y is £1 for every complete F665£5.15 by which the student’s household income exceeds £25,000.

3

Where the amount of loan for living costs calculated under paragraph (2) is less than £50, the amount of loan for living costs payable is nil.

CHAPTER 3LONG COURSES LOAN

Long courses loan81

1

A 2008, 2009 F294, 2012 or 2016 cohort student qualifies for a long courses loan in connection with the student's attendance on a designated course if the student—

a

qualifies for a loan for living costs under this Part;

b

is required to attend the course for a period exceeding 30 weeks and 3 days in an academic year; and

c

is not a student with reduced entitlement.

2

The maximum amount of the long courses loan isX+Ymath where—

  • X is calculated in accordance with paragraph (3),

  • Y is calculated in accordance with paragraph (4);

3

Where a 2008, 2009 F295, 2012 or 2016 cohort student is required to attend a course for a period exceeding 30 weeks and 3 days in an academic year, the number of weeks or part weeks of attendance in the academic year beyond 30 weeks and 3 days is multiplied by the relevant amount in paragraph (5);

4

Where a 2008, 2009 F296, 2012 or 2016 cohort student attends a course for a period of not less than 45 weeks in any continuous period of 52 weeks, the total number of weeks in the 52-week period during which the student does not attend is multiplied by the relevant amount in paragraph (5);

5

The amount is—

a

for a student in category A, F666£61;

b

for a student in category B, F667£120;

c

for a student in category C, F668£129;

d

for a student in category D, F669£93.

6

A deduction from the amount of long courses loan calculated in accordance with this regulation may be made in accordance with Part 8.

7

F769For the purposes of calculating the maximum amount of the long courses loan, a student’s attendance on a pre-registration course or a postgraduate pre-registration course includes any time the student is required to spend, as part of that course, undertaking clinical training at a hospital or other premises.

CHAPTER 4MISCELLANEOUS

Quarters in respect of which the loan for living costs is payable82

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 category83

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 parents84

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 year85

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 F440a person granted stateless leave or a person granted humanitarian protection;

c

the state of which the student is a national accedes to the EU where the student has been ordinarily resident in the United Kingdom and Islands throughout the F785five-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 course86

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 F80... 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.

Increases in maximum amount87

1

This regulation does not apply in the case of a 2008, 2009 F297, 2012 or 2016 cohort student or a student with reduced entitlement.

2

Where an eligible student is required to attend the student's course for a period exceeding 30 weeks and 3 days in an academic year, the maximum amount of loan for living costs specified in Chapter 2 of this Part is increased for each week or part week of attendance in the academic year beyond 30 weeks and 3 days by the relevant amount in paragraph (4).

3

Where an eligible student attends the student's course for a period of not less than 45 weeks in any continuous period of 52 weeks, the maximum amount of loan for living costs specified in Chapter 2 of this Part is increased for each week in the 52-week period during which the student did not attend by the relevant amount in paragraph (4).

4

The amount is—

a

for a student in category A, F670£61;

b

for a student in category B, F671£120;

c

for a student in category C, F672£129;

d

for a student in category D, F673£93.

Deductions from loans for living costs88

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 F298, 2012 or 2016 cohort student or an old system student with full entitlement may be made in accordance with Part 8.

2

There is no deduction under Part 8 from the amount of loan for living costs calculated under this Part in respect of a 2008, 2009 F299, 2012 or 2016 cohort student or a student with reduced entitlement.

Applying for an additional amount of loan for living costs or long courses loan89

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 student90

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 7COLLEGE FEE LOANS

GeneralF18991

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Qualifying conditionsF18992

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Persons to be treated as eligible studentsF18993

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disabled studentsF18994

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Students becoming eligible during the course of an academic yearF18995

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Availability of college fee loansF18996

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amount of college fee loanF18997

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

TransfersF18998

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 8FINANCIAL ASSESSMENT

Calculation of contribution99

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.

F300Application of contribution – 2008, 2009, 2012 or 2016 cohort students100

In the case of a 2008, 2009, 2012 or 2016 cohort student, the Secretary of State must apply the contribution in accordance with regulation 103.

F301Application of contribution – current system students who are not 2008, 2009, 2012 or 2016 cohort students101

In the case of a current system student who is not a 2008, 2009, 2012 or 2016 cohort student, the Secretary of State must apply the contribution in accordance with regulation 104.

Application of contribution – old system students102

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 F271, 2012 or 2016 cohort students103

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 students104

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 costs105

1

Subject to paragraphs (2) and (7), for a student other than a 2009 F302, 2012 or 2016 cohort student, the “minimum level for the academic year” in regulations 72(5) F303... and 104(d) is—

a

F674£3,122, in the case of a student in category A;

b

F675£5,650, in the case of a student in category B;

c

F676£4,807, in the case of a student in category C;

d

F677£4,035, in the case of a student in category D.

2

Subject to paragraph (7), for a student other than a 2009 F304, 2012 or 2016 cohort student, where the academic year in question is the final year of a course other than an intensive course, the “minimum level for the academic year” in regulations 72(5) F305...and 104(d) is—

a

F678£2,822, in the case of a student in category A;

b

F679£5,144, in the case of a student in category B;

c

F680£4,179, in the case of a student in category C;

d

F681£3,733, in the case of a student in category D.

3

Subject to paragraphs (4) and (7), for a 2009 cohort student the “minimum level for the academic year” F306in regulation 74(5) is—

a

F682£3,133, in the case of a student in category A;

b

F683£5,656, in the case of a student in category B;

c

F684£4,811, in the case of a student in category C;

d

F685£4,042, in the case of a student in category D.

4

Subject to paragraph (7), for a 2009 cohort student where the academic year in question is the final year of a course other than an intensive course, the “minimum level for the academic year” F307in regulation 74(5) is—

a

F686£2,843, in the case of a student in category A;

b

F687£5,149, in the case of a student in category B;

c

F688£4,183, in the case of a student in category C;

d

F689£3,740, in the case of a student in category D.

5

Subject to paragraphs (6) and (7), for a 2012 cohort student, the “minimum level for the academic year” in regulations 76 and 104(d) is—

a

F690£3,224, in the case of a student in category A;

b

F691£5,656, in the case of a student in category B;

c

F692£4,817, in the case of a student in category C;

d

F693£4,056, in the case of a student in category D.

6

Subject to paragraph (7), for a 2012 cohort student, where the academic year in question is the final year of a course other than an intensive course, the “minimum level for the academic year” in regulations 76 and 104(d) is—

a

F694£2,962, in the case of a student in category A;

b

F695£5,151, in the case of a student in category B;

c

F696£4,186, in the case of a student in category C;

d

F697£3,770 in the case of a student in category D.

F3086A

Subject to paragraphs (6B) and (7), for a 2016 cohort student who satisfies all the conditions in regulation 71(1)(g), the “minimum level for the academic year” in regulation 80A is—

a

F698£3,224, in the case of a student in category A;

b

F699£5,654, in the case of a student in category B;

c

F700£4,816, in the case of a student in category C;

d

F701£4,054, in the case of a student in category D.

6B

Subject to paragraph (7), for a 2016 cohort student who satisfies all the conditions in regulation 71(1)(g), where the academic year in question is the final year of a course other than an intensive course, the “minimum level for the academic year” in regulation 80A is—

a

F702£2,962, in the case of a student in category A;

b

F703£5,151, in the case of a student in category B;

c

F704£4,185, in the case of a student in category C;

d

F705£3,769, in the case of a student in category D.

6C

Subject to paragraphs (6D) and (7), for a 2016 cohort student who satisfies all the conditions in regulation 71(1)(h), the “minimum level for the academic year” in regulation 80B is—

a

F706£3,224, in the case of a student in category A;

b

F707£5,654, in the case of a student in category B;

c

F708£4,816, in the case of a student in category C;

d

F709£4,054, in the case of a student in category D.

6D

Subject to paragraph (7), for a 2016 cohort student who satisfies all the conditions in regulation 71(1)(h), where the academic year in question is the final year of a course other than an intensive course, the “minimum level for the academic year” in regulation 80B is—

a

F710£2,962, in the case of a student in category A;

b

F711£5,151, in the case of a student in category B;

c

F712£4,185, in the case of a student in category C;

d

F713£3,769, in the case of a student in category D.

7

Where different categories apply for different quarters of the academic year, the minimum levels in paragraphs F309(1) to (6D) are the aggregate of the amounts determined under paragraph (8) for each of the quarters in respect of which a loan is payable.

8

The amount determined for each quarter is one third of the amount in paragraph (1), (2), (3), (4), (5) F310, (6), (6A), (6B), (6C) or (6D) which corresponds to the rate applicable for the quarter.

9

The rate applicable for a quarter is determined in accordance with regulation 83.

10

Categories A to D have the meaning given in regulation 90.

Amount of loan for living costs payable to certain type 1 and type 2 teacher training studentsF311106

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 9PAYMENTS

CHAPTER 1INTERPRETATION OF PART 9

Interpretation107

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 2PAYMENT OF GRANTS FOR FEES

Payment of grants for fees108

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 3PAYMENT OF GRANTS FOR LIVING AND OTHER COSTS

Payment of grants for living and other costs109

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 4PAYMENT OF LOANS

General110

1

Subject to paragraph (2)—

a

fee loans F786in connection with designated courses are payable in accordance with regulation 113;

b

fee contribution loans F787in connection with designated courses are payable in accordance with regulation 114;

F312c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

d

loans for living costs F788in connection with designated courses and long courses loans are payable in accordance with regulation 116;

2

Regulations 111 and 112 apply in respect of the payment of F789... loans F790other than loans for living costs in connection with designated part-time courses.

Provision of United Kingdom national insurance number111

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 requirements112

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 loans113

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.

F3133A

For a student beginning the current course on or after 1st August 2016, an academic authority must not send confirmation of the student’s attendance to the Secretary of State—

a

in the case of an institution with degree awarding powers pursuant to section 76 of the Further and Higher Education Act 1992, until the student is registered on the course at the institution;

b

in the case of a course validated by an institution with degree awarding powers pursuant to section 76 of the Further and Higher Education Act 1992, until the validating institution has been notified by the institution teaching the student that the student is studying on the course covered by the validation agreement; or

c

where neither sub-paragraph (a) or (b) applies, until the student has been registered with the relevant awarding body.

4

In this regulation, “confirmation of the student's attendance” means confirmation from the academic authority that the student-

a

has enrolled for the academic year and has begun to attend (or in the case of a distance learning course undertake) the course for that academic year, where the confirmation relates to payment of the fee loan or the first instalment of the fee loan for the academic year; or

b

remains enrolled and continues to attend (or in the case of a distance learning course undertake) the course, where the confirmation relates to payment of an instalment of the fee loan other than the first instalment.

5

The academic authority must inform the Secretary of State if a student ceases to attend or undertake the designated course during the academic year.

Payment of fee contribution loans114

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 loansF314115

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Payment of loans for living costs and long courses loans116

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—

F81a

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.

CHAPTER 5OVERPAYMENTS

Overpayments of fee support117

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.

F3151A

A student must, if so required by the Secretary of State, repay any amount of fee support paid in respect of the student which for whatever reason exceeds the amount of fee support to which the student is entitled.

2

An overpayment of a fee loan may be recovered from a student under paragraph (1)(b) in whichever one or more of the following ways the Secretary of State considers appropriate in all the circumstances,—

a

by subtracting the overpayment from any amount of the fee loan which remains to be paid;

F316aa

by subtracting the overpayment from any kind of grant or loan payable to the student from time to time pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act;

b

by requiring the student to repay the fee loan in accordance with regulations made under section 22 of the 1998 Act;

c

by taking such other action for the recovery of an overpayment as is available to the Secretary of State.

Overpayments of college fee loanF317118

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Overpayments of support payable under Part 5 or Part 6119

1

F318A 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 F319or loan payable to the student from time to time pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act;

b

taking such other action for the recovery of an overpayment as is available to the Secretary of State.

4

A payment of any grant for living and other costs made before the relevant date is an overpayment if the student withdraws from the course before the relevant date unless the Secretary of State decides otherwise.

5

In this regulation, the “relevant date” is the date on which the first term of the academic year in question actually begins.

6

In the circumstances in paragraph (7) or (8), there is an overpayment of the disabled students' allowance unless the Secretary of State decides otherwise.

7

The circumstances are—

a

the Secretary of State applies all or part of the disabled students' allowance to the purchase of specialist equipment on behalf of the F320... 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 F321... 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.

F32210

Any overpayment of a loan for living costs or a long courses loan in respect of any academic year is recoverable by the Secretary of State from the student to whom the payment was made.

F32311

The methods of recovery are—

a

subtracting the overpayment from any kind of grant or loan payable to the student from time to time pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act;

b

requiring the student to repay the loan in accordance with regulations made under section 22 of the 1998 Act;

c

taking such other action for the recovery of an overpayment as is available to the Secretary of State.

F32412

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F449PART 10SUPPORT FOR DESIGNATED DISTANCE LEARNING COURSES

Annotations:
Amendments (Textual)
F449

Pt. 10 omitted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 6(5)

Eligible distance learning studentsF449120

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Students becoming eligible during the course of the academic yearF449121

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Designated distance learning coursesF449122

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Period of eligibilityF449123

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Support for distance learning coursesF449124

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amount of support for designated distance learning coursesF449125

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation of regulation 125F449126

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disabled distance learning students' allowanceF449127

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Applications for supportF449128

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Declarations provided by academic authoritiesF449129

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

InformationF449130

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transfer of statusF449131

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conversion of statusF449132

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Payment of grants for feesF449133

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Payment of grants for books, travel and other expenditure and disabled distance learning students' allowanceF449134

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

OverpaymentsF449135

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 11F775Eligibility in connection with designated part-time courses and transfers of status etc.

Annotations:
Amendments (Textual)
F775

Pt. 11 heading substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Support) (Amendment) (No. 3) Regulations 2018 (S.I. 2018/472), regs. 1(2)(a), 8

Interpretation of Part 11136

1

In this Part F791..., 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 F792139A 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.

F7931A

Paragraph (1) does not apply—

a

for the purposes of regulation 139(1)(e); or

b

in relation to the application of this Part to loans for living costs in connection with designated part-time courses.

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.

F7943

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Eligible part-time students137

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 F795and Parts 11A and 11B.

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—

F420a

A is, in connection with the part-time course—

i

eligible to apply for a healthcare bursary whether or not the amount of such bursary is calculated by reference to income;

ii

eligible to apply for any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 2007; or

iii

eligible for a healthcare tuition payment;

b

A is in breach of any obligation to repay any loan;

c

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

d

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

F796e

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7703A

A person (“A”) is not an eligible part-time student in connection with a pre-registration course which leads to a qualification for a profession in respect of which A is already registered in the relevant part or parts of the register maintained by the Health and Care Professions Council, the Nursing and Midwifery Council or the General Dental Council.

F7974

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

F3257

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3268

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3279

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

Where—

a

the Secretary of State determined that, by virtue of being a F421refugee or the spouse, civil partner, child or step-child of F422a refugee, a person (“A”) was an eligible part-time student in connection with an application for support for an earlier year of the current part-time course or an application for support in connection with a designated courseF715... or other designated part-time course from which A's status as an eligible part-time student F717or eligible student has been transferred to the current part-time course; and

F423b

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

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

F71410A

Where—

a

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

i

an application for support for an earlier year of the current part-time course, or

ii

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

b

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

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

11

Where—

a

the Secretary of State determined that, by virtue of being a person granted humanitarian protection or the spouse, civil partner, child or step-child of such a person, a person (“A”) was an eligible part-time student in connection with an application for support for an earlier year of the current part-time course or an application for support in connection with a designated course F716... or other designated part-time course from which A's status as an eligible part-time student F718or eligible student has been transferred to the current part-time course; and

b

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

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

12

Paragraphs (10) and (11) do not apply where A began the course in connection with which the Secretary of State determined that A was an eligible part-time student or eligible student, as the case may be, before 1st September 2007.

13

An eligible part-time student may not, at any one time, qualify for support for—

a

more than one designated part-time course;

b

a designated part-time course and a designated course;

F719c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

d

a designated part-time course and a designated postgraduate course.

Students becoming eligible F798for support under Part 11A during the course of the academic year138

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 F799Part 11A 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 F800Part 11A; 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 F801Part 11A 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 F438a person granted stateless leave or a person granted humanitarian protection;

c

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

d

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

e

the state of which the student is a national accedes to the EU where the student has been ordinarily resident in the United Kingdom and Islands throughout the F802five-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.

F778Students becoming eligible for support under Part 11B in the course of an academic year138A

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 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 stateless leave or a person granted humanitarian protection;

c

the state of which the student is a national accedes to the EU where the student has been ordinarily resident in the United Kingdom and Islands throughout the five-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 part-time 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.

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

In this regulation, a “loan for living costs” means a loan for living costs under Part 11B.

Designated part-time courses139

1

Subject to paragraphs F803(2A), (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;

F172d

it is either—

i

wholly provided by an authority-funded institution;

ii

provided by a publicly funded institution situated in the United Kingdom on behalf of an authority-funded institution; or

iii

provided by an authority-funded institution in conjunction with an institution which is situated outside the United Kingdom;

da

it is substantially provided in the United Kingdom;

e

for a course beginning on or after 1st September 2012 which falls within paragraph 1, 2, 4, F173... 7 or 8 of Schedule 2 F174—

i

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

ii

the teaching and supervision which comprise the course has been approved by that body; F720and

f

it is not designated by or under regulation 5;F721...

F721g

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

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

F8042A

A course mentioned in Schedule 2 is not a designated part-time course for the purposes of support under Part 11B unless it is—

a

a course which leads to an honours degree or an ordinary degree;

b

a course which leads to a graduate diploma at an equivalent level to an honours degree or an ordinary degree;

c

a course which leads to a graduate certificate at an equivalent level to an honours degree or an ordinary degree;

d

a course which leads to a diploma in respect of a course in—

i

a dental profession subject; or

ii

operating department practice;

e

a course which leads to a foundation degree in respect of a course in a dental profession subject;

f

a course which leads to a Postgraduate Certificate in Education;

g

a course which leads to a Professional Graduate Certificate in Education; or

h

any other course not within sub-paragraph (f) or (g) which is a course of initial teacher training at an accredited institution.

2B

In paragraph (2A)(h), “accredited institution” means an institution accredited by the Secretary of State under regulation 11 of the Education (School Teachers’ Qualifications) (England) Regulations 2003.

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.

F7715A

A postgraduate pre-registration course is not a designated part-time course.

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;

F175aa

a course is substantially provided in the United Kingdom where at least half of the teaching and supervision which comprise the course is provided in the United Kingdom;

b

a university and any constituent college or institution in the nature of a college of a university is to be regarded as F113authority-funded if either the university or the constituent college or institution is F113authority-funded; F114...

c

an institution is not to be regarded as publicly funded F115or 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 1992M55F116; and

F117d

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).

F1278

The Secretary of State may revoke or suspend the designation of a course which is designated under paragraph (7).

F779Transfer of status139A

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

the Secretary of State receives a request from the eligible part-time 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 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 under Part 11A 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 under Part 11A 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.

F779Conversion of status from eligible student to eligible part-time student139B

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

the Secretary of State 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 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 has been paid to A under Chapter 3 of Part 5 (“the first amount”) in a single payment, 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 first amount, 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 under Part 6 in respect of that academic year, or had not applied for the maximum amount or increased maximum to which A was entitled under that Part, A may apply for such a loan, or such additional amount of loan, as if A had continued to be an eligible student.

4

Except where paragraph (5) applies, where a transfer under paragraph (1) is made—

a

the maximum amount of any loan under Part 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—

i

by two thirds, where the student transfers to a designated part-time course at the beginning of the second quarter of that academic year;

ii

by one third, where the student transfers to a designated part-time course at the beginning of the third quarter of that academic year; and

b

the maximum amount of any loan under Part 11B to which the student would be entitled in connection with the designated part-time course in respect of that academic year if the student had been an eligible part-time student throughout that year is reduced—

i

by one third, where the student transfers to a designated part-time course at the beginning of the second quarter of that academic year;

ii

by two thirds, where the student transfers to a designated part-time course at the beginning of the third quarter of that academic year.

5

This paragraph applies where an eligible student—

a

transfers under paragraph (1); and

b

ceases to undertake the designated course and starts to undertake the designated part-time course in the same quarter of an academic year (“the conversion year”).

6

Where paragraph (5) applies—

a

the amount of loan under Part 6 to which the student is entitled for the conversion year in respect of the designated course is—

where—

  • A is the number of days of the designated course which the student undertakes in the conversion year;

  • B is the length of the designated course, in days, in the conversion year;

  • C is the maximum amount of loan to which the student would be entitled in the conversion year under Part 6 were it not for the transfer; and

b

the amount of loan under Part 11B to which the student is entitled for the conversion year in respect of the designated part-time course is—

where—

  • D is the number of days of the designated part-time course which the student undertakes in the conversion year;

  • E is the length of the designated part-time course, in days, in the conversion year;

  • F is the maximum amount of loan to which the student would be entitled in the conversion year under Part 11B if the student had been an eligible part-time student throughout that year.

F779Conversion of status from eligible part-time student to eligible student139C

1

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

the Secretary of State receives a request from the eligible part-time 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 part-time students’ allowance to the student in 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 Part 11A 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

where an amount of disabled part-time students’ allowance has been paid to the student in a single payment, the maximum amount of disabled students’ allowance (“the first amount”) payable to the student under Chapter 3 of Part 5 for that purpose is reduced (or, where paragraph (3) applies, further reduced) by the first amount, and where the resulting amount is nil or a negative amount that amount is nil;

d

where immediately before A became an eligible student A was eligible to apply, but had not applied, for a loan for living costs under Part 11B in respect of that academic year, or had not applied for the maximum amount or increased maximum to which A was entitled under that Part, A may apply for such a loan, or such additional amount of loan, as if A had continued to be an eligible part-time student.

3

Except where paragraph (4) applies, where a transfer under paragraph (1) is made—

a

the maximum amount of any loan under Part 11B to which the student would, apart from this regulation, be entitled in connection with a part-time designated course in respect of that academic year is reduced—

i

by two thirds, where the student transfers to the designated course at the beginning of the second quarter of that academic year;

ii

by one third, where the student transfers to the designated course at the beginning of the third quarter of that academic year; and

b

the maximum amount of any loan under Part 6 to which the student would be entitled in connection with a designated course in respect of that academic year if the student had been an eligible student throughout that year is reduced—

i

by one third, where the student transfers to the designated course at the beginning of the second quarter of that academic year;

ii

by two thirds where the student transfers to the designated course at the beginning of the third quarter of that academic year.

4

This paragraph applies where an eligible part-time student—

a

transfers under paragraph (1); and

b

ceases to undertake the designated part-time course and starts to undertake the designated course in the same quarter of an academic year (“the conversion year”).

5

Where paragraph (4) applies—

a

the maximum amount of loan under Part 11B to which the student is entitled for the conversion year in respect of the designated part-time course is—

where—

  • A is the number of days of the designated part-time course which the student undertakes in the conversion year;

  • B is the length of the designated part-time course, in days, in the conversion year;

  • C is the maximum amount of loan to which the student would be entitled in the conversion year under Part 11B were it not for the transfer; and

b

the maximum amount of loan under Part 6 to which the student is entitled for the conversion year in respect of the designated course is—

where—

  • D is the number of days of the designated course which the student undertakes in the conversion year;

  • E is the length of the designated course, in days, in the conversion year;

  • F is the maximum amount of loan to which the student would be entitled in the conversion year under Part 6 if the student had been an eligible student throughout the conversion year.

F779Transfers from courses which are designated to courses which are not designated139D

1

This paragraph applies where an eligible student—

a

transfers from a designated course to a course (including a part-time course) which is not designated; and

b

immediately before the transfer, that student was eligible to apply, but had not applied, for a loan under Part 6 in respect of the academic year (“the transfer year”) in which the transfer occurs.

2

Where paragraph (1) applies—

a

the student may apply for a loan under Part 6 in respect of the transfer year;

b

for the purposes of such an application, the student is to be treated as if the student were still an eligible student undertaking the designated course; and

c

the amount of loan under Part 6 to which the student is entitled in respect of the transfer year is—

where—

  • A is the number of days of the designated course which the student undertakes as an eligible student in the transfer year;

  • B is the length of the designated course, in days, in that year; and

  • C is the maximum amount of loan to which the student would be entitled under Part 6 for the transfer year, were it not for the transfer.

3

This paragraph applies where an eligible part-time student—

a

transfers from a designated part-time course to a course (including a full-time course) which is not designated; and

b

immediately before the transfer the eligible part-time student was eligible to apply, but had not applied, for a loan under Part 11B in respect of the academic year (“the transfer year”) in which the transfer occurs.

4

Where paragraph (3) applies—

a

the student may apply for a loan under Part 11B in respect of the transfer year;

b

for the purposes of such an application, the student is to be treated as if the student were still an eligible part-time student undertaking the designated part-time course; and

c

the amount of loan under Part 11B to which that student is entitled in respect of the transfer year is—

  • where—

    • D is the number of days of the designated part-time course which the student undertakes as an eligible part-time student in the transfer year;

    • E is the length of the designated part-time course, in days, in that year; and

    • F is the maximum amount of loan to which the student would be entitled under Part 11B for the transfer year, were it not for the transfer.

Period of eligibility140

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 F805139A to 139C; 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 F806and Parts 11A and 11B 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 F807or 157R.

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.

F776PART 11AFee support, grants and allowances for designated part-time courses

Annotations:
Amendments (Textual)
F776

Pt. 11A heading and ss. 140A, 140B inserted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Support) (Amendment) (No. 3) Regulations 2018 (S.I. 2018/472), regs. 1(2)(a), 16

Interpretation of Part 11A140A

1

In this Part, 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 139A 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, 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—

    1. a

      where the course is provided by or on behalf of the Open University, 120;

    2. 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.

3

In paragraph (2)—

a

the reference to the 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 course 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 course;

iii

not to have repeated any part of the full-time equivalent course; and

iv

not to be absent from the full-time equivalent course other than during vacations.

Availability of support to prisoners140B

An eligible part-time student who is a prisoner qualifies for support under this Part only—

a

if 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.

Assistance for part-time courses in respect of courses beginning before 1st September 2012141

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 F725£297 for books, travel and other expenditure in connection with the designated part-time course.

2

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

3

An eligible part-time student qualifies for assistance in respect of a course F9(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.

F83A

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.

F4243C

Paragraphs (3A) and (3B) do not apply to a person who is treated as being ordinarily resident in the United Kingdom by virtue of paragraph 1(4) of Schedule 1 on the basis of temporary employment falling within paragraph 1(5)(a) of that Schedule.

4

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

5

The loans and grants are—

a

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

b

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

c

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

6

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

a

the part time course leads to an equivalent or lower qualification where the current course began on or after 1st September 2009; or

b

the student holds a honours degree from an educational institution in the United Kingdom where—

i

the current course began before 1st September 2009; or

ii

the current course begins on or after 1st September 2009 where the student transfers to the current course pursuant to regulation F808139A 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 .

F1768

Paragraph (6) does not apply where the Secretary of State determines that the following conditions are satisfied—

a

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

b

that information is accurate; and

c

the Secretary of State has provided written notification that the student qualifies for support under this regulation in respect of an academic year of the current part-time course.

9

Where paragraph (8) applies, the student qualifies for support under this regulation in accordance with paragraphs (10) to F722(12A) provided that the student would otherwise qualify for support under this regulation in respect of that academic year.

10

If the Secretary of State makes the determination before the first day of the first academic year of the current part-time course then the student qualifies for support under this regulation in respect of the first academic year of the current part-time course.

11

If the Secretary of State makes the determination on or after the first day of the first academic year of the current part-time course then the student qualifies for support under this regulation in respect of—

a

the academic year of the current part-time course during which the Secretary of State makes the determination; and

b

an academic year of the current part-time course which the student has completed prior to the Secretary of State making the determination.

F72312

Paragraphs (10) and (11) do not apply if the Secretary of State considers that there are exceptional circumstances.

F72412A

Where the Secretary of State considers that there are exceptional circumstances, the Secretary of State may determine that the student should qualify for support under this regulation in respect of one or more academic years of the current part-time course, as appropriate, whether or not the student has completed those academic years prior to the Secretary of State making the determination.

Amount of assistance in respect of courses beginning before 1st September 2012142

1

The basic grant varies according to the intensity of study.

2

The “basic grant” is—

a

F726£907 where the intensity of study is less than 60 per cent. (“level 1”);

b

F727£1,088 where the intensity of study is 60 per cent. or more but less than 75 per cent. (“level 2”);

c

F728£1,363 where the intensity of study is 75 per cent. or more (“level 3”).

3

Subject to paragraph (4) and regulation F809139A(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 F82or housing benefit F83...;

ii

under Part 1 of the Jobseekers Act 1995 to income–based jobseeker's allowance F84... F71...

iii

under Part 1 of the Welfare Reform Act 2007 to an income-related employment and support allowance; F72or

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 F425£25,423, the maximum amount of assistance available under regulation 141(1)(b) is payable and the amount of assistance payable under regulation 141(1)(a) is the amount determined in accordance with paragraph (4);

e

where the relevant income is F426£25,423, the maximum amount of assistance available under regulation 141(1)(b) is payable and the amount of assistance payable under regulation 141(1)(a) is £50;

f

where the relevant income exceeds F427£25,423 but is less than £26,030, the maximum amount of assistance available under regulation 141(1)(b) is payable and no assistance is payable under regulation 141(1)(a);

g

where the relevant income is £26,030 or more but less than £28,065, the amount of assistance payable under regulation 141(1)(b) is the amount left after deducting from the maximum amount of assistance available under regulation 141(1)(b) £1 for every complete F729£8.24 by which the relevant income exceeds £26,030, and no assistance is payable under regulation 141(1)(a);

h

where the relevant income is £28,065, the amount of assistance payable under regulation 141(1)(b) is £50, and no assistance is payable under regulation 141(1)(a);

i

where the relevant income exceeds £28,065, no assistance is payable under regulation 141(1).

4

Where paragraph (3)(d) applies, the amount of assistance payable under regulation 141(1)(a) is determined by deducting from the maximum amount of assistance available under regulation 141(1)(a) one of the following amounts—

a

£50 plus a further £1 for each complete F730£10.62, F730£8.68 or F730£6.79 by which the relevant income exceeds £16,845 according to whether the intensity of study is level 1, 2 or 3, respectively; or

b

where the basic grant is greater than the actual fees, an amount equal to that left after deducting from the amount calculated under sub-paragraph (a) the difference between the basic grant and the actual fees (unless the amount is a negative number in which case the maximum amount of assistance available under regulation 141(1)(a) is payable).

Interpretation of regulation 142143

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 2012144

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% F11of an equivalent full-time course.

F123

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.

F7313ZA

For the purposes of paragraph (3)(b), a person (“A”) is to be treated as being ordinarily resident in England for any period during which A would have been so resident but for the fact that—

a

A,

b

A’s spouse or civil partner,

c

A’s parent, or

d

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

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

F103A

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.

F4283B

Paragraphs (3)(b) and (3A) do not apply to a person who is treated as being ordinarily resident in the United Kingdom by virtue of paragraph 1(4) of Schedule 1 on the basis of temporary employment falling within paragraph 1(5)(a) of that Schedule.

4

F13Subject to F177paragraphs (6) to (12)an eligible part-time student does not qualify for support under this regulation if the current part-time course leads to an equivalent or lower qualification.

5

An eligible part-time student does not qualify for support under this regulation if—

a

the student has undertaken one or more part-time courses for sixteen academic years in aggregate; and

b

the student was eligible to apply for a fee loan under this regulation or a loan or grant of the kind described in regulation 141(5) in respect of each of those academic years.

6

F14Paragraph (4) does not applyif—

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.

F1787

Paragraph (4) does not apply if—

a

the current part-time course—

i

is a course in engineering, technology or computer science (or a combination of those subjects);

ii

leads to an honours degree; and

b

the student begins the current part-time course on or after 1st August 2015.

F4297A

Paragraph (4) does not apply if—

a

the current part-time course—

i

is a course in agriculture and related subjects, biological sciences, mathematical sciences, physical sciences or veterinary sciences (or a combination of those subjects);

ii

leads to an honours degree; and

b

the student begins the current part-time course on or after 1st August 2017.

7B

Paragraph (4) does not apply if—

a

the current part-time course—

i

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

F772ii

leads to—

aa

an ordinary degree or an honours degree;

bb

in respect of a course in a dental profession subject, an ordinary degree, an honours degree, a diploma or a foundation degree; or

cc

in respect of a course in operating department practice, an ordinary degree, an honours degree or a diploma;

b

the student begins the current part-time course on or after 1st August 2017 F748.... F773or, in the case of a course in a dental profession subject, begins on or after 1st August 2018

8

Paragraph (4) does not apply where the Secretary of State determines that the following conditions are satisfied—

a

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

b

that information is accurate; and

c

the Secretary of State has provided written notification that the student qualifies for support under this regulation in respect of the current part-time course.

9

Where paragraph (8) applies, the student qualifies for support under this regulation in accordance with paragraphs (10) to F733(12A).

10

If the Secretary of State makes the determination before the first day of the first academic year of the current part-time course then the student qualifies for support under this regulation in respect of the first academic year of the current part-time course.

11

If the Secretary of State makes the determination on or after the first day of the first academic year of the current part-time course then the student qualifies for support under this regulation in respect of—

a

the academic year of the current part-time course during which the Secretary of State makes the determination; and

b

an academic year of the current part-time course which the student has completed prior to the Secretary of State making the determination.

F73412

Paragraphs (10) and (11) do not apply if the Secretary of State considers that there are exceptional circumstances.

F73212A

Where the Secretary of State considers that there are exceptional circumstances, the Secretary of State may determine that the student should qualify for support under this regulation in respect of one or more academic years of the current part-time course, as appropriate, whether or not the student has completed those academic years prior to the Secretary of State making the determination.

Amount of the fee loan - courses beginning on or after 1st September 2012145

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

F432£6,935 where the current part-time course is provided by or on behalf of a publicly funded institution;

F430b

£4,500, where the current part-time course is provided by a private institution (other than on behalf of a publicly funded institution) not listed in Schedule 5;

F431c

£4,625, where the current part-time course is provided by a private institution (other than on behalf of a publicly funded institution) listed in Schedule 5.

3

If a student's status as an eligible part-time student is transferred from one designated part-time course to another under regulation F810139A 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 F811139A 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 Scotland146

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 CouncilM56had the student been ordinarily resident in Scotland and undertaking the part-time course in Scotland.

Annotations:
Marginal Citations
M56

This body was established under section 1 of the Further and Higher Education (Scotland) Act 2005 (2005 asp 6).

Disabled part-time students' allowance147

F1791

A student qualifies for a grant under this regulation if the student—

a

is an eligible part-time student; and

b

has a disability.

2

An eligible part-time student does not qualify for the grant under this regulation—

a

if the only paragraph in Part 2 of Schedule 1 into which the student falls is paragraph 9 F344or paragraph 10;

b

unless the Secretary of State considers that the student is undertaking the designated part-time course in the United Kingdom; or

c

subject to F180paragraph (3), where the student is a prisoner.

F4332A

Paragraph (2)(b) does not apply to a person who is treated as being ordinarily resident in the United Kingdom by virtue of paragraph 1(4) of Schedule 1 on the basis of temporary employment falling within paragraph 1(5)(a) of that Schedule.

3

Paragraph (2)(c) does not apply in respect of an academic year during which the student enters prison or is released from prison.

4

Where the current part-time course begins on or after 1st September 2012, an eligible part-time student does not qualify for grant under this regulation if the intensity of study during the academic year for which support is claimed is less than 25% F15of an equivalent full-time course.

F1814A

The Secretary of State is authorised to pay a grant under this regulation to an eligible part-time student (“A”) who qualifies for that grant for the purpose of assisting with the additional expenditure which A is obliged to incur by reason of A’s disability in respect of undertaking a designated part-time course.

5

Subject to the following paragraphs, the amount of grant under this regulation is the amount that the Secretary of State considers appropriate in accordance with the student's circumstances.

F1825A

Subject to paragraph (6), the amount of the grant under this regulation in respect of additional expenditure on a computer must not exceed an amount equal to the additional expenditure incurred less £200.

6

The amount of the grant under this regulation must not exceed—

a

F735£16,489 in respect of an academic year for expenditure on a non-medical personal helper;

b

F736£5,529 in respect of all the academic years during the period of eligibility for expenditure on major items of specialist equipment;

c

the additional expenditure incurred—

i

within the United Kingdom for the purpose of attending the institution;

ii

within or outside the United Kingdom for the purpose of attending, as a part of the course, any period of study at an overseas institution or for the purpose of attending the Institute;

d

F737£1,385in 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.

F607

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.

Applications for support148

1

A person (the “applicant”) must apply for support F812under this Part 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 authorities149

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 F813under this Part 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 F16...

F175

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 F814under this Part.

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% F18of 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.

Information150

Schedule 3 deals with the provision of information.

Transfer of statusF815151

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conversion of statusF816152

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Payment of grants for books, travel and other expenditure and disabled part-time students' allowances153

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 fees154

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 fees155

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 F817any instalment of the fee loan before the Secretary of State has received from the academic authority—

a

a request for payment; F818...

b

a declaration under regulation 149 F819; and

F820c

confirmation (in such form as may be required by the Secretary of State) of the eligible part-time student’s attendance on the course for the period to which the instalment relates.

F3283A

For a student beginning the current course on or after 1st August 2016, the academic authority must not complete a declaration under regulation 149—

a

in the case of an institution with degree awarding powers pursuant to section 76 of the Further and Higher Education Act 1992, until the student is registered on the course at the institution;

b

in the case of a course validated by an institution with degree awarding powers pursuant to section 76 of the Further and Higher Education Act 1992, until the validating institution has been notified by the institution teaching the student that the student is studying on the course covered by the validation agreement; or

c

where neither sub-paragraph (a) or (b) applies, until the student has been registered with the relevant awarding body.

4

The academic authority must inform the Secretary of State when a student ceases to attend or undertake the designated part-time course during the academic year.

5

No payment of fee loan or instalment of fee loan can be made in respect of a designated part time course once the academic authority has informed the Secretary of State that the student has ceased to attend or undertake the course during the academic year.

Overpayments of grants and allowances156

1

Any overpayment of a grant in respect of fees is recoverable by the Secretary of State from the academic authority.

2

F329Apart-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 F330or loanpayable 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 F331... 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 F332... 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 support157

1

Any overpayment of F19fee loan supportis recoverable by the Secretary of State from—

a

the academic authority; or

b

the student in respect of whom the payment of F19fee loan support was made.

F3331A

A student must, if so required by the Secretary of State, repay any amount of fee loan support paid in respect of the student which for whatever reason exceeds the amount of fee loan support to which the student is entitled.

2

An overpayment of a fee loan may be recovered from a student under paragraph (1)(b) in whichever one or more of the following ways the Secretary of State considers appropriate in all the circumstances—

a

by subtracting the overpayment from any amount of the fee loan which remains to be paid;

F334aa

by subtracting the overpayment from any kind of grant or loan payable to the student from time to time pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act.

b

by requiring the student to repay the fee loan in accordance with regulations made under section 22 of the 1998 Act;

c

by taking such other action for the recovery of an overpayment as is available to the Secretary of State.

F777PART 11BLOANS FOR LIVING COSTS IN CONNECTION WITH DESIGNATED PART-TIME COURSES

Annotations:
Amendments (Textual)
F777

Pt. 11B inserted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Support) (Amendment) (No. 3) Regulations 2018 (S.I. 2018/472), reg. 1(2)(a), Sch. 1

CHAPTER 1Qualifying and applying for the loan for living costs

Interpretation of Part 11B157A

1

In this Part,

a

“eligible part-time student with full entitlement” is an eligible part-time student other than an eligible part-time student with reduced entitlement;

b

“eligible part-time student with reduced entitlement” has the meaning given in regulation 157F(3);

c

“special support loan” is a loan to defray the costs of books, equipment, travel or childcare incurred for the purpose of attending a designated part-time course;

d

“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.

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 a loan for living costs;

  • FT is—

    1. a

      where the course is provided by or on behalf of the Open University, 120;

    2. 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.

3

In this Part, a reference to the period ordinarily required to complete the full-time equivalent means—

a

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;

b

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.

Qualifying conditions for the loan for living costs157B

1

Subject to the provisions of this regulation, an eligible part-time student qualifies for a loan for living costs in connection with the student’s attendance on a designated part-time course (“the relevant course”) if—

a

the student—

i

begins the relevant course on or after 1st August 2018;

ii

transfers on or after 1st August 2018 from a designated course to the relevant course; or

iii

transfers to the relevant course from a designated part-time course which the eligible part-time student started on or after 1st August 2018; and

b

the student—

i

is under the age of 60 on the relevant date; or

ii

where the student transfers to the relevant course from a course described in sub-paragraph (a)(ii) or (iii) (“the first course”), was under the age of 60 on the first day of the first academic year of the first course.

2

An eligible part-time student does not qualify for a loan for living costs in connection with a designated part-time course if—

a

the only paragraph in Part 2 of Schedule 1 into which the student falls is paragraph 9 or 10;

b

the student is a prisoner; or

c

the course is a distance learning course unless the student is treated as being in attendance on the designated part-time course under regulation 157M.

3

An eligible part-time student does not qualify for a loan for living costs in respect of a designated part-time course if the intensity of study during the academic year for which the loan is claimed is less than 25 per cent of the course’s full-time equivalent.

4

An eligible part-time student does not qualify for a loan for living costs if the student—

a

has undertaken one or more part-time courses for sixteen academic years in aggregate; and

b

was eligible to apply for a fee loan under regulation 144 or a loan or grant of the kind described in regulation 141(5) in respect of each of those academic years.

5

Subject to paragraphs (6) to (13) an eligible part-time student does not qualify for a loan for living costs in connection with a current part-time course which leads to an equivalent or lower qualification.

6

Paragraph (5) does not apply if—

a

the current part-time course—

i

is a course in—

aa

engineering, technology or computer science (or a combination of those subjects); or

ab

agriculture and related subjects, biological sciences, mathematical sciences, physical sciences or veterinary sciences (or a combination of those subjects); and

ii

leads to an honours degree; and

b

the student begins the current part-time course on or after 1st August 2018.

7

Paragraph (5) does not apply if—

a

the current part-time course—

i

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

ii

leads to—

aa

an ordinary degree or an honours degree;

ab

in respect of a course in a dental profession subject, an ordinary degree, an honours degree, a diploma or a foundation degree; or

ac

in respect of a course in operating department practice, an ordinary degree, an honours degree or a diploma; and

b

the student begins the current part-time course on or after 1st August 2018.

8

Paragraph (5) does not apply where the Secretary of State determines that the following conditions are satisfied—

a

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

b

that information is accurate; and

c

the Secretary of State has provided written notification that the student qualifies for a loan for living costs in connection with the current part-time course.

9

Where paragraph (8) applies, the student qualifies for a loan for living costs in accordance with paragraphs (10) to (13).

10

If the Secretary of State makes the determination before the first day of the first academic year of the current part-time course, then the student qualifies for a loan for living costs in respect of the first academic year of the current part-time course.

11

If the Secretary of State makes the determination on or after the first day of the first academic year of the current part-time course, then the student qualifies for a loan for living costs in respect of—

a

the academic year of the current part-time course during which the Secretary of State makes the determination; and

b

any academic year of the current part-time course which the student has completed prior to the Secretary of State making the determination.

12

Paragraphs (10) and (11) do not apply if the Secretary of State considers that there are exceptional circumstances.

13

Where the Secretary of State considers that there are exceptional circumstances, the Secretary of State may determine that the student should qualify for a loan for living costs in respect of one or more academic years of the current part-time course, as appropriate, whether or not the student has completed those academic years prior to the Secretary of State making the determination.

14

In paragraph (1)(b)(i), the “relevant date” means the first day of the first academic year of the relevant course.

Applications for a loan for living costs157C

1

A person (the “applicant”) must apply for a loan for living costs 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 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—

a

whether the applicant is an eligible part-time student;

b

whether the applicant qualifies for a loan for living costs; and

c

the amount of the loan payable, if any.

4

The Secretary of State must notify the applicant of whether the applicant qualifies for a loan for living costs and, if the applicant does qualify, the amount payable in respect of the academic year.

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 (2) of regulation 138A occurs after the first day of the academic year in respect of which the applicant is applying for a loan for living costs, 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 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;

c

the applicant is applying to borrow an additional amount of loan for living costs, 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 authorities157D

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

In this regulation, “declaration” means a statement that provides, for the purposes of this Part—

a

confirmation by the academic authority of—

i

the period ordinarily required to complete the part-time course;

ii

the number of modules, credits, credit points, points or other unit which the eligible part-time student is likely to obtain in each academic year of the part-time course;

iii

the period ordinarily required to complete the full-time equivalent;

iv

the number of modules, credits, credit points, points or other unit which a standard full-time student would be likely to obtain within the period ordinarily required to complete that course;

b

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).

4

For the purposes of paragraph (3)(b), 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)(ii);

b

any parts of the course which the applicant has been required to repeat.

Information in connection with loans for living costs157E

Schedule 3 deals with the provision of information.

CHAPTER 2Amount of loan for living costs

Maximum amount of loans for living costs: general157F

1

The maximum amount of a loan for living costs in connection with a designated part-time course is calculated as follows in respect of an academic year—

a

where the student is an eligible part-time student with full entitlement, in accordance with regulation 157G;

b

where the student is an eligible part-time student with reduced entitlement, in accordance with regulation 157H.

2

For the purposes of regulations 157G and 157H, the “relevant intensity of study” is calculated as follows—

a

where the intensity of study is less than 25 per cent, the relevant intensity of study is nil;

b

where the intensity of study is 25 per cent or more, but less than 33.3 per cent, the relevant intensity of study is 25 per cent;

c

where the intensity of study is 33.3 per cent or more, but less than 50 per cent, the relevant intensity of study is 33.3 per cent;

d

where the intensity of study is 50 per cent or more, but less than 66.6 per cent, the relevant intensity of study is 50 per cent;

e

where the intensity of study is 66.6 per cent or more, but less than 75 per cent, the relevant intensity of study is 66.6 per cent;

f

where the intensity of study is 75 per cent or more, but less than 100 per cent, the relevant intensity of study is 75 per cent;

g

where the intensity of study is 100 per cent or higher, the relevant intensity of study is 100 per cent.

3

An eligible part-time student with reduced entitlement is an eligible part-time student who opts, when applying for a loan for living costs, not to provide the information needed to calculate the household income.

4

In this Part—

a

an eligible part-time student (“X”) is in category A if X resides at X’s parents’ home while attending the designated part-time course;

b

an eligible part-time 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; or

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;

c

an eligible part-time 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

an eligible part-time student is in category D if the student is not in categories A to C.

Maximum amount of loans for living costs: eligible part-time students with full entitlement157G

1

Subject to Chapters 3 and 4 of this Part and paragraph (5), the maximum amount of loan for living costs for which an eligible part-time student with full entitlement qualifies in respect of an academic year of a designated part-time course is equal to—

where—

  • A is the relevant intensity of study; and

  • X is—

    1. a

      for a student in category A, £7,324;

    2. b

      for a student in category B, £11,354;

    3. c

      for a student in category C, £9,963;

    4. d

      for a student in category D, £8,700; and

  • Y is—

    1. a

      for a student in category A, £1 for every complete £8.10 by which the student’s household income exceeds £25,000;

    2. b

      for a student in category B, £1 for every complete £7.87 by which the student’s household income exceeds £25,000;

    3. c

      for a student in category C, £1 for every complete £7.93 by which the student’s household income exceeds £25,000;

    4. d

      for a student in category D, £1 for every complete £8.01 by which the student’s household income exceeds £25,000.

2

Subject to paragraph (4), the maximum amount of loan for living costs calculated in accordance with paragraph (1) is made up of—

a

a special support loan calculated in accordance with paragraph (3); and

b

a maintenance loan.

3

The amount of special support loan is—

where—

  • A is the relevant intensity of study; and

  • Z is £3,680.

4

Where the amount of special support loan calculated in accordance with paragraph (3) is equal to or higher than the amount calculated in accordance with paragraph (1)—

a

the maximum amount of loan for living costs is made up of a special support loan only; and

b

the maximum amount of loan for living costs is equal to the amount calculated in accordance with paragraph (1).

5

Where the maximum amount of loan for living costs is calculated in accordance with paragraph (1) and is less than the minimum level for the academic year specified in regulation 157J, the minimum level for the academic year is payable.

Maximum amount of loans for living costs: eligible part-time students with reduced entitlement157H

1

Subject to Chapters 3 and 4 of this Part, the maximum amount of loan for living costs for which an eligible part-time student with reduced entitlement qualifies in respect of an academic year of a designated part-time course is equal to—

where—

  • A is the relevant intensity of study; and

  • B is —

    1. a

      for a student in category A, the amount in regulation 80(1)(f)(i);

    2. b

      for a student in category B, the amount in regulation 80(1)(f)(ii);

    3. c

      for a student in category C, the amount in regulation 80(1)(f)(iii);

    4. d

      for a student in category D, the amount in regulation 80(1)(f)(iv).

2

Subject to paragraph (4), the maximum amount of loan for living costs which is calculated in accordance with paragraph (1) is made up of—

a

a special support loan calculated in accordance with paragraph (3); and

b

a maintenance loan.

3

The amount of special support loan is—

where—

  • A is the relevant intensity of study; and

  • Z is £3,680.

4

Where the amount of special support loan calculated in accordance with paragraph (3) is equal to or higher than the amount calculated in accordance with paragraph (1)—

a

the maximum amount of loan for living costs is made up of a special support loan only; and

b

the maximum amount of loan for living costs is equal to the amount calculated in accordance with paragraph (1).

Calculation of household income and residual income157I

1

For the purposes of regulation 157G, an eligible part-time student’s household income is assessed in accordance with Schedule 6.

2

The Secretary of State may require an eligible part-time 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 household income.

Minimum level of loan for living costs for part-time courses157J

1

Subject to paragraph (2), for an eligible part-time student with full entitlement, the “minimum level for the academic year” in regulation 157G is equal to—

where—

  • A is the relevant intensity of study; and

  • B is

    1. a

      £3,224 in the case of a student in category A;

    2. b

      £5,654 in the case of a student in category B;

    3. c

      £4,816 in the case of a student in category C;

    4. d

      £4,054 in the case of a student in category D.

2

Where different categories apply for different quarters of the academic year, the minimum level in paragraph (1) is the aggregate of the amounts determined under paragraph (3) for each of the quarters in respect of which a loan is payable.

3

The amount determined for each quarter is one third of the amount in paragraph (1) which corresponds to the rate applicable for the quarter.

4

The rate applicable for a quarter is determined in accordance with regulation 157L.

CHAPTER 3Miscellaneous

Quarters in respect of which the loan for living costs is payable to eligible part-time students157K

1

Subject to regulation 138A, the loan for living costs is payable in respect of three quarters of the academic year.

2

The loan for living costs is not payable in respect of the quarter in which, in the opinion of the Secretary of State, the longest of any vacation occurs.

Part-time students falling into more than one category157L

Where an eligible part-time student falls into more than one of the categories set out in regulation 157F(4) 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; and

c

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 the highest rate of loan for living costs for the academic year.

Students who are treated as in attendance on a course157M

1

A student to whom this regulation applies is treated as being in attendance on the designated part-time course for the purpose of qualifying for the loan for living costs.

2

This regulation applies to—

a

a student on a period of study or period of work placement in an Erasmus year;

b

a disabled student who is undertaking a designated part-time 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.

Applying for an additional amount of loan for living costs157N

1

An eligible part-time student may apply to borrow an additional amount of loan for living costs where—

a

the Secretary of State determines that the maximum amount of loan for living costs in relation to an academic year should be increased (including an increase from nil); and

b

the Secretary of State considers that the increase in the maximum amount of the loan does not result from the eligible part-time student—

i

failing to provide information promptly which might affect the student’s ability to qualify for the loan in question or the amount of loan 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 which the student has already applied for under regulation 157C, does not exceed the maximum amount of loan after it has been increased pursuant to paragraph (1)(a).

3

Where an eligible part-time student has applied for a loan for living costs 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.

CHAPTER 4Payments in connection with loans for living costs

Provision of United Kingdom national insurance number157O

1

The Secretary of State may make it a condition of entitlement to payment of any loan under this Part that the eligible part-time 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 part-time 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 part-time 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 part-time student having complied with the condition imposed under paragraph (1).

Information requirements and agreements to repay loans for living costs157P

1

The Secretary of State may at any time request from an eligible part-time student information that the Secretary of State considers is required to recover a loan for living costs.

2

The Secretary of State may at any time require an eligible part-time student to enter into an agreement to repay a loan for living costs by a particular method.

3

The Secretary of State may at any time request from an eligible part-time 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 for living costs 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 for living costs until the person provides what has been required.

Payment of loans for living costs157Q

1

The Secretary of State may pay loans for living costs under this Part in instalments.

2

Subject to paragraph (4), the Secretary of State may pay loans for living costs 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 under this Part or, where it has been determined not to pay the loan for living costs by instalments, make any payment of loans for living costs to the eligible part-time 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 this Part.

7

Payments of loans for living costs 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 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.

8

Where the Secretary of State has made any payment of a loan for living costs under this Part and a student who qualifies for a loan for living costs under this Part applies for such a loan or applies for an additional amount of loan in respect of an academic year, the Secretary of State may pay that loan or that additional amount of loan 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 loan for living costs under this Part 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 a loan for living costs to be paid in respect of that day.

10

In deciding whether it would be appropriate for a loan for living costs 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 loan would cause and whether not paying the support would affect the student’s ability to continue the course.

11

No loan for living costs under this Part in respect of the current course is due in respect of any payment period beginning after an eligible part-time student’s period of eligibility terminates.

12

No loan for living costs under this Part is due in respect of a payment period during part of which an eligible part-time student is absent from the course, unless in the opinion of the Secretary of State it would be appropriate in all the circumstances for a loan for living costs to be paid in respect of the period of absence.

13

In deciding whether it would be appropriate for a loan for living costs 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 loan would cause.

14

An eligible part-time 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 a loan for living costs under this Part 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 for which the student qualifies is less than the amount previously determined either by way of a revision of a provisional assessment or otherwise—

a

the Secretary of State must subtract from any amount of loan which remains to be paid under this Part such amount as is necessary to ensure that the student does not borrow an amount of loan under this Part 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 this Part, the amount of that loan remaining to be paid is reduced to nil;

c

any remaining overpayment is recoverable in accordance with regulation 157R.

16

In this regulation—

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 part-time 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 part-time course for the first time;

bb

the student’s status as an eligible part-time student has not been transferred to the course from another designated part-time course at the same institution;

cc

the student’s status has not been converted to that of an eligible part-time student after the student has transferred from a designated course to a designated part-time course at the same institution; and

dd

sub-paragraph (i)(cc) does not apply; or

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 part-time course other than for the first time;

bb

the student is applying for support in connection with a designated part-time course for the first time after the student’s status as an eligible part-time student has been transferred to that course from another designated part-time course at the same institution; or

cc

the student is applying for support in connection with a designated part-time course for the first time after the student’s status as an eligible student has been converted to that of an eligible part-time student after the student has transferred from a designated course to a designated part-time course at the same institution;

b

“payment period” means a period in respect of which the Secretary of State pays loans for living costs or would have paid such support if the eligible part-time student’s period of eligibility had not terminated.

Overpayments of loans for living costs157R

1

A 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 loans for living costs to which the student is entitled under this Part.

2

Any overpayment of a loan for living costs in respect of any academic year is recoverable by the Secretary of State from the student to whom the payment was made.

3

The methods of recovery are—

a

subtracting the overpayment from any kind of grant or loan payable to the student from time to time pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act;

b

requiring the student to repay the loan in accordance with regulations made under section 22 of the 1998 Act;

c

taking such other action for the recovery of an overpayment as is available to the Secretary of State.

PART 12SUPPORT FOR POSTGRADUATE STUDENTS WITH DISABILITIES

Interpretation158

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—

PTFTx100math

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 students159

F1831

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F184b

the person has a disability.

4

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

a

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

i

a healthcare bursary;

ii

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

iii

any allowance, bursary or award of similar description made by a Research Council;

iv

any allowance, bursary or award of similar description made by A's institution which includes any payment for the purpose of meeting additional expenditure incurred by A by reason of A's disability; F436...

v

any allowance, bursary or award of similar description made under section 67(4)(a) of the Care Standards Act 2000 M57 which includes payment for meeting additional expenditure incurred by A by reason of A's disability; F437or

vi

any allowance, bursary or award of similar description made under section 116(2)(a) of the Regulation and Inspection of Social Care (Wales) Act 2016 which includes payment for meeting additional expenditure incurred by A by reason of A’s disability;

F434aa

A is eligible for a healthcare tuition payment;

b

A is in breach of an obligation to repay any loan;

c

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

d

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

e

subject to paragraph (5), A is a prisoner.

5

Paragraph (4)(e) does not apply-

a

in respect of an academic year during which the student enters prison or is released from prison; or

b

where the current course began before 1st September 2012.

6

For the purposes of paragraphs (4)(b) and (4)(c), “loan” means a loan made under any provision of the student loans legislation.

7

In a case where the agreement for a loan is subject to the law of Scotland, paragraph (4)(c) only applies if the agreement was made—

a

before 25th September 1991; and

b

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

8

An eligible postgraduate student does not qualify for a grant under this Part if the only paragraph in Part 2 of Schedule 1 into which the student falls is paragraph 9.

9

Subject to paragraph (10), where the current post graduate course begins on or after 1st September 2012, an eligible postgraduate student does not qualify for a grant under this regulation if the intensity of study during the academic year for which support is claimed is less than 25% F20of 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.

F33512

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F33613

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F33714

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

F73815A

Where—

a

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

i

an application for support for an earlier year of the current postgraduate course, or

ii

an application for support in connection with another designated postgraduate course from which A’s status as an eligible postgraduate student has been transferred to the current postgraduate course, and

b

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

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

16

Where—

a

the Secretary of State determined that, by virtue of being a person granted humanitarian protection or the spouse, civil partner, child or step-child of such a person, a person (“A”) was an eligible postgraduate student in connection with an application for support for an earlier year of the current postgraduate course or an application for support in connection with another designated postgraduate course from which A's status as an eligible postgraduate student has been transferred to the current postgraduate course; and

b

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

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

17

Paragraphs (15) and (16) do not apply where A began the course in connection with which the Secretary of State determined that A was an eligible postgraduate student before 1st September 2007.

18

An eligible postgraduate student may not, at any one time, qualify for support for—

a

more than one designated postgraduate course;

F739b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

a designated postgraduate course and a designated course;

d

a designated postgraduate course and a designated part-time course.

Students becoming eligible in the course of an academic year160

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 F439a person granted stateless leave or a person granted humanitarian protection;

c

the state of which the student is a national accedes to the EU where the student has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the first academic year of the course;

d

the student acquires the right of permanent residence (as defined in Part 1 of Schedule 1);

e

the student becomes the child of a Turkish worker;

f

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

g

the student becomes the child of a Swiss national.

Designated postgraduate courses161

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;

F185c

it is either—

i

wholly provided by an authority-funded institution;

ii

provided by a publicly funded institution situated in the United Kingdom on behalf of an authority-funded institution; or

iii

provided by an authority-funded institution in conjunction with an institution which is situated outside the United Kingdom;

ca

it is substantially provided in the United Kingdom; and

d

it is not a course for the initial training of teachers or a course taken as part of an employment-based teacher training scheme.

2

For the purposes of paragraph (1)—

a

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

F186aa

a course is substantially provided in the United Kingdom where at least half of the teaching and supervision which comprise the course is provided in the United Kingdom;

b

a university and any constituent college or institution in the nature of a college of a university is to be regarded as F118authority-funded if either the university or the constituent college or institution is F118authority-funded; F119...

c

an institution is not to be regarded as publicly funded F120or 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 M58F121; and

F122d

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.

3A

F774A postgraduate pre-registration course is not a designated postgraduate course.

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).

F1285

The Secretary of State may revoke or suspend the designation of a course which is designated under paragraph (4).

Period of eligibility162

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 status163

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 support164

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.

Information165

Schedule 3 deals with the provision of information.

F132Authority to pay grant165A

The Secretary of State is authorised to pay a grant to an eligible postgraduate student (“A”) for the purpose of assisting with the additional expenditure which A is obliged to incur in connection with A’s attendance on or undertaking of a designated postgraduate course by reason of A’s disability.

Amount of grant166

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.

F1871A

Subject to paragraph (2), the amount of the grant under this Part for additional expenditure on a computer is an amount equal to the expenditure the student is obliged to incur less £200.

2

The grant must not exceed F740£10,993 in respect of an academic year.

3

For the purposes of this Part, the “types of eligible expenditure” are—

a

expenditure on a non-medical helper;

b

expenditure on major items of specialist equipment; and

c

additional expenditure incurred—

i

within the United Kingdom for the purpose of attending the institution;

ii

within or outside the United Kingdom for the purpose of attending, as part of the course, any period of study at an overseas institution or for the purposes of attending the Institute.

F614

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).

Payment of grant167

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.

Overpayments168

1

F338A 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 F339or loan payable to the student from time to time pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act;

b

taking such other action for the recovery of an overpayment as is available to the Secretary of State.

4

A payment of grant under this Part made before the relevant date is an overpayment if the student withdraws from the course before the relevant date unless the Secretary of State decides otherwise.

5

In this regulation, the “relevant date” is the date on which the first term of the academic year in question actually begins.

6

In the circumstances in paragraphs (7) and (8), there is an overpayment of grant under this Part unless the Secretary of State decides otherwise.

7

The circumstances are—

a

the Secretary of State applies all or part of the grant under this Part to the purchase of specialist equipment on behalf of the F340... 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 F341... 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 PriskMinister of State for Business and EnterpriseDepartment for Business, Innovation and Skills