The Education (Student Support) Regulations 2011

Support for distance learning courses E+W

124.—(1) For the purposes of this regulation, the support available is—

(a) a grant in respect of fees not exceeding the lesser of the following amounts—

(i) [F1 £1,285]; and

(ii) the “actual fees”, being the amount of fees charged to the student in respect of an academic year of the designated distance learning course; and

(b) a grant not exceeding [F2 £280] for books, travel and other expenditure in connection with the designated distance learning course.

(2) An eligible distance learning student does not qualify for support under paragraph (1)(b) if the only paragraph in Part 2 of Schedule 1 into which the student falls is paragraph 9.

(3) An eligible distance learning student does not qualify for support under this regulation unless the Secretary of State considers that the student is undertaking the designated distance learning course in England [F3 on the first day of the first academic year].

[F4 (3A) A student undertaking a designated distance learning course will no longer qualify for support in respect of that course if, after the first day of the first academic year, the Secretary of State considers that the student is undertaking the course outside the United Kingdom.]

(4) An eligible distance learning student does not qualify for support under this regulation if the student has undertaken one or more distance learning courses for eight academic years in aggregate and the student has received in respect of each of those academic years a loan or a grant of the kind described in paragraph (5).

(5) The loans and grants are—

(a) a loan, a grant in respect of fees or a grant for books, travel and other expenditure each made in respect of an academic year of a distance learning course pursuant to regulations made under section 22 of the 1998 Act;

(b) a loan, a grant in respect of fees or a grant for books, travel and other expenditure each made in respect of an academic year of a distance learning course by the Department for Employment and Learning (Northern Ireland) pursuant to regulations made under Articles 3 and 8(4) of the Education (Student Support) (Northern Ireland) Order 1998 M1 ; or

(c) a loan in respect of an academic year of a distance learning course made pursuant to regulations made under sections 73(f), 73B and 74(1) of the Education (Scotland) Act 1980 M2 .

(6) An eligible distance learning student does not qualify for support under this regulation if—

(a) the distance learning course leads to an equivalent or lower qualification where the current course begins on or after 1st September 2009; or

(b) the student holds an honours degree from an educational institution in the United Kingdom where—

(i) the current distance learning course began before 1st September 2009; or

(ii) the current distance learning course begins on or after 1st September 2009 where the student transfers to the current course pursuant to regulation 131 from a distance learning course which began before 1st September 2009.

[F5 (7) 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 an academic year of the current distance learning course.

(8) Where paragraph (7) applies, the student qualifies for support under this regulation in accordance with paragraphs (9) to (11).

(9) If the Secretary of State makes the determination before the first day of the first academic year of the current distance learning course then the student qualifies for support under this regulation in respect of the first academic year of the current distance learning course.

(10) If the Secretary of State makes the determination on or after the first day of the first academic year of the current distance learning course then the student qualifies for support under this regulation in respect of—

(a) the academic year of the current distance learning course during which the Secretary of State makes the determination; and

(b) an academic year of the current distance learning course which the student has completed prior to the Secretary of State making the determination.

(11) Paragraphs (9) and (10) do not apply if the Secretary of State determines that owing to exceptional circumstances the student should qualify for support under this regulation for the duration of the current distance learning course.]

Textual Amendments

F1 Sum in reg. 124(1)(a) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), reg. 1(2)(a), Sch.

F2 Sum in reg. 124(1)(b) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), reg. 1(2)(a), Sch.

F3 Words in reg. 124(3) inserted (1.8.2012) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(3), 27(a)

F4 Reg. 124(3A) inserted (1.8.2012) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(3), 27(b)

F5 Reg. 124(7)-(11) 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), 13

Marginal Citations

M1 S.I. 1998/1760 (N.I. 14), to which there are amendments not relevant to these Regulations.

M2 1980 c.44; section 73(f) was amended by the Teaching and Higher Education Act 1998 (c.30), section 29(1) and the Education (Graduate Endowment and Student Support) (Scotland) Act 2001 (asp 6), section 3(2). Section 73B was inserted by section 29(2) of the Teaching and Higher Education Act 1998 and was amended by section 34(1) of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).