The Education (Student Support) Regulations 2011

CHAPTER 1 E+W QUALIFYING CONDITIONS

Interpretation of Part 6 E+W

68.  In this Part—

(a) a “current system student with full entitlement” is a current system student other than a student with reduced entitlement;

(b) “the maintenance grant amount” is, unless otherwise stated,—

(i) where the student qualifies under Chapter 6 of Part 5 for an amount of maintenance grant not exceeding [F1 £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 [F2 £1,444],[F2 £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) F3 ... 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 [F4 ;]

[F5 (g) a “loan for living costs” is a loan for maintenance only, except where paragraph (h) or (i) applies;

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

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

(j) a “long courses loan” is a loan for maintenance;

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

Textual Amendments

F1 Sum in reg. 68(b)(i) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F2 Sum in reg. 68(b)(ii) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), reg. 1(2), Sch. 1

F3 Words in reg. 68(e)(i) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 28(a)

F4 Semi-colon in reg. 68(f) substituted for full stop (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 28(b)

F5 Reg. 68(g)-(k) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 28(c)

Qualifying conditions for the loan for living costs – current system students E+W

69.—(1) Subject to paragraphs (3) and (4), a current system student qualifies for a loan for living costs in connection with the student's attendance on a designated course if the student is under the age of 60 on the relevant date and—

(a) where the student begins the course on or after 1st September 2009, the designated course does not lead to an equivalent or lower qualification unless the student's status as an eligible student has been transferred to the current course pursuant to regulation 8 from a designated course which began before 1st September 2009 and the student does not have an honours degree from an institution in the United Kingdom; or

(b) where the student began the course before 1st September 2009, the student does not have an honours degree from an institution in the United Kingdom.

(2) The condition in paragraph (1)(a) or (b) does not apply where—

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

(b) the designated course began before 1st September 2009 and leads to qualification as a landscape architect, landscape designer, landscape manager, town planner or town and country planner;

(c) the current system student is eligible to apply for a healthcare bursary or a Scottish healthcare allowance, the amount of which is calculated by reference to F6 ... income whether or not the calculation results in a nil amount in respect of any academic year of the course; F7 ...

[F8 (ca) the current system student is eligible for a healthcare tuition payment;]

(d) the current system student is on a course for the initial training of teachers [F9 ; or]

[F10 (e) the designated course—

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

[F11 (ii) 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 [F12 or, in the case of a course in a dental profession subject, begins on or after 1st August 2018];]

[F13 (f) the designated course is a postgraduate pre-registration course which begins on or after 1st August 2018.]

[F14 (2A) The condition in paragraph (1)(a) or (b) does not apply where the Secretary of State determines that the following conditions are satisfied—

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

(b) that information is accurate; and

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

(2B) Where paragraph (2A) applies, a current system student qualifies for a loan for living costs in accordance with paragraphs (2C) to [F15 (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.

[F16 (2E) Paragraphs (2C) and (2D) do not apply if the Secretary of State considers that there are exceptional circumstances.]]

[F17 (2F) Where the Secretary of State considers that there are exceptional circumstances, the Secretary of State may determine that the student should qualify for a loan for living costs in respect of one or more academic years of the current course, as appropriate, whether or not the student has completed those academic years prior to the Secretary of State making the determination.]

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

(a) the only paragraph in Part 2 of Schedule 1 into which the student falls is paragraph 9 [F18 or paragraph 10];

(b) the student is a prisoner; or

(c) the current course is a distance learning course [F19 unless the student is treated as being in attendance on the designated course under regulation 86].

[F20 (4) The requirement in paragraph (1) that the student is under the age of 60 on the relevant date does not apply to a current system student who is a 2016 cohort student.]

Textual Amendments

F6 Words in reg. 69(2)(c) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 13(a)(i)

F7 Word in reg. 69(2)(c) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 13(a)(ii)

F8 Reg. 69(2)(ca) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 13(b)

F9 Word in reg. 69(2)(d) substituted for full-stop (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 13(c)

F10 Reg. 69(2)(e) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 13(d)

F11 Reg. 69(2)(e)(ii) substituted (with application in accordance with reg. 1(2)(b)(3) of the amending S.I.) by The Education (Student Support) (Amendment) (No. 2) Regulations 2018 (S.I. 2018/443), regs. 1(2)(a), 8(2)(a)(i)

F12 Words in reg. 69(2)(e)(iii) inserted (with application in accordance with reg. 1(2)(b)(3) of the amending S.I.) by The Education (Student Support) (Amendment) (No. 2) Regulations 2018 (S.I. 2018/443), regs. 1(2)(a), 8(2)(a)(ii)

F13 Reg. 69(2)(f) inserted (with application in accordance with reg. 1(2)(b)(3) of the amending S.I.) by The Education (Student Support) (Amendment) (No. 2) Regulations 2018 (S.I. 2018/443), regs. 1(2)(a), 8(2)(b)

F14 Reg. 69(2A)-(2E) inserted (with application in accordance with reg. 1(4)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(4)(a), 12

F15 Word in reg. 69(2B) substituted (27.2.2018) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 4(2)(a)

F16 Reg. 69(2E) substituted (27.2.2018) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 4(2)(b)

F17 Reg. 69(2F) inserted (27.2.2018) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 4(2)(c)

F18 Words in reg. 69(3)(a) inserted (with application in accordance with reg. 1(3)(4) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2016 (S.I. 2016/270), regs. 1(1), 4

F19 Words in reg. 69(3)(c) inserted (1.8.2013) by The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(2)(a), 13

F20 Reg. 69(4) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 29

Qualifying conditions for the loan for living costs – old system students E+W

70.—(1) Subject to paragraphs (4) to (6), an old system student who falls within paragraph (a) or (d)(i) of the definition of “old system student” in regulation 2 qualifies for a loan for living costs in connection with the student's attendance on a designated course if the student is under the age of 60 on the relevant date.

(2) Subject to paragraph (4), an old system student who falls within paragraph (b), (c) or (d)(ii) of the definition of “old system student” in regulation 2 qualifies for a loan for living costs in connection with the student's attendance on a designated course if the student—

(a) is under the age of 60 on the relevant date; and

(b) does not have an honours degree from an institution in the United Kingdom.

(3) The requirement in paragraph (2)(b) does not apply where—

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

(b) the old system student is eligible to receive any payment under a healthcare bursary the amount of which is calculated by reference to F21 ... income or a Scottish healthcare allowance the amount of which is calculated by reference to F21 ... 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.

F22 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Textual Amendments

F21 Words in reg. 70(3)(b) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 14

F22 Reg. 70(5) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 30