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PART 6 E+WLOANS FOR LIVING COSTS

CHAPTER 1E+WQUALIFYING CONDITIONS

Interpretation of Part 6E+W

68.  In this Part—

(a)a [F1current 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 [F2£1,655], the amount of maintenance grant payable;

(ii)where the student qualifies under Chapter 6 of Part 5 for an amount of maintenance grant exceeding [F3£1,655], [F3£1,655]; and

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

F4(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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) F5... 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 [F6;]

[F7(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

F2Sum in reg. 68(b)(i) substituted (with application in accordance with reg. 2(4)(5)(c) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), reg. 1, Sch.

F3Sum in reg. 68(b)(ii) substituted (with application in accordance with reg. 2(4)(5)(c) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), reg. 1, Sch.

F5Words 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)

F6Semi-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)

F7Reg. 68(g)-(k) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 28(c)

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

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

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

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

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

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

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

(c)the current system student is eligible to apply for a healthcare bursary or a Scottish healthcare allowance, the amount of which is calculated by reference to F8... income whether or not the calculation results in a nil amount in respect of any academic year of the course; F9...

[F10(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 [F11; or]

[F12(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;

[F13(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 F14... [F15or, in the case of a course in a dental profession subject, begins on or after 1st August 2018];]

(f)[F16the designated course is a postgraduate pre-registration course which begins on or after 1st August 2018.]

[F17(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 [F18—

(i)the first academic year of the current course, where the determination by the Secretary of State is made before the first day of the first academic year of the current course;

(ii)the academic year of the current course during which the determination by the Secretary of State is made; or

(iii)an academic year of the current course in respect of which the determination of the Secretary of State is made, which the student has completed before the making of that determination].

(2B) Where paragraph (2A) applies, a current system student qualifies for a loan for living costs in accordance with paragraphs (2C) to [F19(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.

[F20(2E) Paragraphs (2C) and (2D) do not apply if the Secretary of State considers that there are exceptional circumstances.]]

[F21(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—

[F22(a)the only paragraph or paragraphs in Part 2 of Schedule 1 into which the student falls is one or more of [F23paragraphs 2A, 3(1)(d)(ii), 6A(1)(c)(ii), 7A(1)(b)(ii), 9, 9A, 9BA, 9BB, 9C, 9D, 10, 10ZA, 11A(c)(ii) and 12A(d)(ii)];]

(b)the student is a prisoner; or

(c)the current course is a distance learning course [F24unless the student is treated as being in attendance on the designated course under regulation 86].

[F25(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 [F26with full entitlement].]

Textual Amendments

F8Words 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)

F9Word 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)

F10Reg. 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)

F11Word 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)

F12Reg. 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)

F13Reg. 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)

F15Words 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)

F16Reg. 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)

F17Reg. 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

F23Words in reg. 69(3)(a) substituted (with application in accordance with reg. 1(3)(d) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 11(4)

F25Reg. 69(4) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 29

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

F2770.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments