The Education (Student Support) Regulations 2011

CHAPTER 4 E+W MISCELLANEOUS

Quarters in respect of which [F1 the loan for living costs and the long courses loan are] payable E+W

82.— [F2 (1) Subject to regulation 85, the loan for living costs is payable in respect of three quarters of the academic year and the long courses loan is payable in respect of four quarters of the academic year.]

(2) The loan for living costs is not payable—

(a) in the case of [F3 a [F4 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.

F5 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in reg. 82 heading substituted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 17(2)

F2 Reg. 82(1) substituted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 17(3)

F3 Words in reg. 82(2) substituted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 17(4)

F4 Words in reg. 82(2)(a) substituted (23.12.2021) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 17(3)

F5 Reg. 82(3) omitted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 17(5)

Students falling into more than one category E+W

83.  Where an eligible student falls into more than one of the categories set out in regulation 90 in the course of the academic year—

(a) the maximum amount of loan for living costs for the academic year is the aggregate of the maximum amount of loan for living costs for each quarter in respect of which the loan for living costs is payable;

(b) the maximum amount of loan for living costs for each such quarter is one third of the maximum amount of loan for living costs which would apply for the academic year if the student fell into the category which applies to the relevant quarter for the duration of the academic year;

(c) the maximum amount of long courses loan for the academic year is the aggregate of the maximum amount of long courses loan for each quarter in respect of which the long courses loan is payable;

(d) the maximum amount of long courses loan for each such quarter is one [F6 fourth] 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.

Textual Amendments

F6 Word in reg. 83(d) substituted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 18

Students residing with parents E+W

84.—(1) Where an eligible student (“X”) resides at X's parents' home and the Secretary of State is satisfied that in all the circumstances X's parents by reason of age, incapacity or otherwise cannot reasonably be expected to support X and that it would be appropriate for the amount of loan for living costs or long courses loan payable to a student in a category other than category A to apply in X's case, X must be treated as if X were not residing at X's parents' home for the purposes of this Part.

(2) Paragraph (1) does not apply to an eligible student who begins the specified designated course on or after 1st September 2004.

Students becoming eligible in the course of an academic year E+W

85.—(1) Where one of the events listed in paragraph (2) occurs in the course of an academic year, a student may qualify for a loan for living costs in respect of such quarters in respect of which a loan for living costs is payable as begin after the relevant event occurs.

(2) The events are—

[F7 (a) the student’s course becomes a designated course—

(i) under regulation 5(10);

(ii) by virtue of the course being provided by or on behalf of an English higher education provider which becomes a registered provider; or

(iii) by virtue of the course becoming a Northern Irish designated full-time course, a Scottish designated full-time course or a Welsh designated full-time course;]

(b) the student, or the student's spouse, civil partner or parent is recognised as a refugee or becomes [F8 a person granted stateless leave or] a person granted humanitarian protection;

F9 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F10 (d) the student becomes a person described in paragraph 3(1)(a) of Schedule 1;]

[F11 (e) where regulation 4(2A)(a) applies, the person becomes a person described in paragraph 12(a) of Schedule 1;]

(f) the student becomes a person described in [F12 paragraph 6A(1)(a) of Schedule 1 or, where regulation 4(2A)(a) applies, in] paragraph 6(1)(a) of Schedule 1; F13 ...

[F14 (g) the student becomes a person described in paragraph 11A(a) of Schedule 1 or, where regulation 4(2A)(a) applies, in paragraph 11(1)(a) of Schedule 1;]

[F15 (h) the student becomes a person granted section 67 leave];

[F16 (i) the student becomes a person granted indefinite leave to remain as a victim of domestic violence or domestic abuse; F17 ...]

[F18 (j) the student becomes a person granted Calais leave.] [F19 ; F20 ...

(k) the student becomes a person granted indefinite leave to remain as a bereaved partner [F21 ; ]]

[F22 (l) the student becomes a person described in paragraph 9B(1)(a)(ii) of Schedule 1]; [F23 or]

[F24 (m) the student becomes a person granted leave under the Afghan Relocations and Assistance Scheme.]

(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 [F25 fourth] of the maximum amount of long courses loan which would apply for the academic year if the student fell into the category which applies to the relevant quarter for the duration of the academic year.

Textual Amendments

F7 Reg. 85(2)(a) substituted (with application in accordance with reg. 1(2)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/48), regs. 1(1), 4(1)(d)

F8 Words in reg. 85(2)(b) inserted (with application in accordance with reg. 1(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 7(4)

F9 Reg. 85(2)(c) omitted (1.3.2021) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 (S.I. 2021/127), regs. 1(1), 15(a)

F10 Reg. 85(2)(d) substituted (31.12.2020) by The Education (Student Fees, Awards and Support) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1181), regs. 1(3), 7

F11 Reg. 85(2)(e) substituted (1.3.2021) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 (S.I. 2021/127), regs. 1(1), 15(b)

F12 Words in reg. 85(2)(f) inserted (1.3.2021) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 (S.I. 2021/127), regs. 1(1), 15(c)

F13 Word in reg. 85(2)(f) omitted (with application in accordance with reg. 1(2)(3)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 36(4)(a)

F14 Reg. 85(2)(g) substituted (1.3.2021) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 (S.I. 2021/127), regs. 1(1), 15(d)

F15 Reg. 85(2)(h) inserted (with application in accordance with reg. 1(2)(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 36(4)(c)

F16 Reg. 85(2)(i) inserted (with application in accordance with reg. 1(3)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/48), regs. 1(1), 2(3)(c)(ii)

F17 Word in reg. 85(2)(i) omitted (with application in accordance with reg. 1(4)(a) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/1203), regs. 1(2), 13(4)(a)

F18 Reg. 85(2)(j) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/48), regs. 1(1), 3(3)(d)

F19 Reg. 85(2)(k) and word inserted (with application in accordance with reg. 1(4)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/1203), regs. 1(2), 13(4)(b)

F20 Word in reg. 85(2)(j) omitted (1.3.2021) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 (S.I. 2021/127), regs. 1(1), 15(e)

F21 Word in reg. 85(2)(k) inserted (1.3.2021) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 (S.I. 2021/127), regs. 1(1), 15(f)

F22 Reg. 85(2)(l) inserted (1.3.2021) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 (S.I. 2021/127), regs. 1(1), 15(g)

F23 Word in reg. 85(2) repositioned (with application in accordance with reg. 1(3)(c) 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), 9(4)

F24 Reg. 85(2)(m) inserted (with application in accordance with reg. 1(3)(c) 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), 9(4)

F25 Word in reg. 85(7) substituted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 19(3)

Students who are treated as in attendance on a course E+W

86.—(1) A student to whom this regulation applies is treated as being in attendance on the designated course for the purpose of qualifying for the loan for living costs or the long courses loan.

(2) This regulation applies to—

(a) [F26 a [F27 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 [F26 a [F28 compressed degree student]]; and

(ii) is undertaking a designated course F29 ... in the United Kingdom but is not in attendance because the student is unable to attend for a reason which relates to the student's disability.

Textual Amendments

F26 Words in reg. 86 substituted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 20

F27 Words in reg. 86(2)(a) substituted (23.12.2021) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 17(4)(a)

F28 Words in reg. 86(2)(c)(i) substituted (23.12.2021) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 17(4)(b)

F29 Words in reg. 86(2)(c)(ii) omitted (1.8.2013) by virtue of The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(3), 14

Increases in maximum amount E+W

87.—(1) This regulation does not apply in the case of a F30 ... 2009 [F31 , 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, [F32 £69];

(b) for a student in category B, [F33 £134];

(c) for a student in category C, [F34 £144];

(d) for a student in category D, [F35 £104].

Textual Amendments

F30 Word in reg. 87(1) omitted (with application in accordance with reg. 1(2)(b)(4) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 4(10)

F31 Words in reg. 87(1) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 38

F32 Sum in reg. 87(4)(a) substituted (with application in accordance with reg. 1(2)(c)(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), reg. 1(1), Sch.

F33 Sum in reg. 87(4)(b) substituted (with application in accordance with reg. 1(2)(c)(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), reg. 1(1), Sch.

F34 Sum in reg. 87(4)(c) substituted (with application in accordance with reg. 1(2)(c)(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), reg. 1(1), Sch.

F35 Sum in reg. 87(4)(d) substituted (with application in accordance with reg. 1(2)(c)(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), reg. 1(1), Sch.

Deductions from loans for living costs E+W

88.—(1) A deduction from the amount of loan for living costs calculated under this Part in respect of a current system student with full entitlement who is not a F36 ... 2009 [F37 , 2012 or 2016] cohort student F38 ... 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 F39 ... 2009 [F40 , 2012 or 2016] cohort student or a student with reduced entitlement.

Textual Amendments

F36 Word in reg. 88(1) omitted (with application in accordance with reg. 1(2)(b)(4) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 4(11)(a)

F37 Words in reg. 88(1) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 39(a)

F38 Words in reg. 88(1) omitted (26.11.2020) by virtue of The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/1203), regs. 1(2), 3(7)(e)

F39 Word in reg. 88(2) omitted (with application in accordance with reg. 1(2)(b)(4) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 4(11)(b)

F40 Words in reg. 88(2) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 39(b)

Applying for an additional amount of loan for living costs or long courses loan E+W

89.—(1) An eligible student may apply to borrow an additional amount of loan for living costs or long courses loan where—

(a) the Secretary of State determines that the maximum amount of loan for living costs or long courses loan in relation to an academic year should be increased (including an increase from nil) as a result of a reassessment of the student's contribution or otherwise; and

(b) the Secretary of State considers that the increase in the maximum amount of the loan or loans in question does not result from the eligible student—

(i) failing to provide information promptly which might affect the student's ability to qualify for the loan or loans in question or the amount of loan or loans in question for which the student qualifies; or

(ii) providing information that is inaccurate in any material particular.

(2) The additional amount under paragraph (1) is an amount which when added to the amount already applied for does not exceed the increased maximum.

(3) Where an eligible student has applied for a loan for living costs or long courses loan of less than the maximum amount to which the student is entitled in relation to the academic year, the student may apply to borrow an additional amount which, when added to the amount already applied for, does not exceed the relevant maximum applicable in the student's case.

Categories of student E+W

90.  F41 ... 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.

Textual Amendments

F41 Words in reg. 90 omitted (23.12.2021) by virtue of The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 15(2)

Application of category A in quarters ending on 30th June 2021 and 31st August 2021 E+W

F42 90A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F42 Reg. 90A omitted (23.12.2021) by virtue of The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 15(3)