The Education (Student Support) Regulations 2011

Students becoming eligible [F1 for support under Part 11A] during the course of the academic year E+W

138.—(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 [F2 Part 11A] provided that—

(a) the relevant event occurred within the first three months of the academic year [F3 and was not an event mentioned in sub-paragraph (a) of that paragraph]; 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 [F4 Part 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 [F5 Part 11A] provided that—

(a) the relevant event occurred within the first three months of the academic year [F6 and was not an event mentioned in sub-paragraph (a) of that paragraph]; 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—

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

(i) under regulation 139(7);

(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 part-time course, a Scottish designated part-time course or a Welsh designated part-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;

(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 [F9 five]-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; F10 ...

(i) the student becomes the child of a Swiss national F11 ...

[F12 (j) the student becomes a person granted section 67 leave];

[F13 (k) the student becomes a person granted indefinite leave to remain as a victim of domestic violence or domestic abuse; or]

[F14 (l) the student becomes a person granted Calais leave.]

Textual Amendments

F1 Words in reg. 138 heading 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), 11(a)

F2 Words in reg. 138(1) 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), 11(b)

F3 Words in reg. 138(1)(a) inserted (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), 23(2)

F4 Words in reg. 138(2)(a) 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), 11(b)

F5 Words in reg. 138(3) 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), 11(b)

F6 Words in reg. 138(3)(a) inserted (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), 23(3)

F7 Reg. 138(4)(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)(e)

F8 Words in reg. 138(4)(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(6)

F9 Word in reg. 138(4)(e) 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), 11(c)

F10 Word in reg. 138(4)(h) 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(6)(a)

F11 Word in reg. 138(4)(i) omitted (with application in accordance with reg. 1(3)(a) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/48), regs. 1(1), 2(3)(d)(i)

F12 Reg. 138(4)(j) 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(6)(c)

F13 Reg. 138(4)(k) 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)(d)(ii)

F14 Reg. 138(4)(l) 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)(f)