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The Education (Student Support) Regulations 2011

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Changes over time for: Section 138

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Version Superseded: 16/02/2023

Status:

Point in time view as at 03/06/2022. This version of this provision has been superseded. Help about Status

Changes to legislation:

There are currently no known outstanding effects for the The Education (Student Support) Regulations 2011, Section 138. Help about Changes to Legislation

Students becoming eligible [F1for support under Part 11A] during the course of the academic yearE+W

This section has no associated Explanatory Memorandum

138.—F2(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) F4... 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 [F5Part 11A] provided that—

(a)the relevant event occurred within the first three months of the academic year [F6and 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 [F8a person granted stateless leave or] a person granted humanitarian protection;

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

[F10(d)the student becomes a family member described in paragraph 9A(1)(a), 9C(1)(a) [F11, 9D(1)(a) or 9D(2)(a)] of Schedule 1;]

F12(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F13(f)the student becomes a person described in paragraph 3(1)(a) of Schedule 1;]

[F14(g)where regulation 137(2A)(a) applies, the student becomes a person described in paragraph 12(a) of Schedule 1;]

(h)the student becomes a person described in [F15paragraph 6A(1)(a) of Schedule 1 or, where regulation 137(2A)(a) applies, in] paragraph 6(1)(a) of Schedule 1; F16...

[F17(i)the student becomes a person described in paragraph 11A(a) of Schedule 1 or, where regulation 137(2A)(a) applies, in paragraph 11(1)(a) of Schedule 1;]

[F18(j)the student becomes a person granted section 67 leave];

[F19(k)the student becomes a person granted indefinite leave to remain as a victim of domestic violence or domestic abuse; F20...]

[F21(l)the student becomes a person granted Calais leave.] [F22; F23...

(m)the student becomes a person granted indefinite leave to remain as a bereaved partner] [F24;]

[F25(n)the student becomes a person described in paragraph 9B(1)(a)(ii) of Schedule 1];

[F26(o)the student becomes a person granted leave under [F27one of the Afghan Schemes]] [F28or]

[F29(p)the student becomes a person granted leave under one of the Ukraine Schemes.]

Textual Amendments

F1Words 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)

F5Words 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)

F6Words 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)

F7Reg. 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)

F8Words 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)

F11Words in reg. 138(4)(d) 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(6)

F16Word 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)

F18Reg. 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)

F20Word in reg. 138(4)(k) 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(5)(a)

F22Reg. 138(4)(m) 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(5)(b)

F26Reg. 138(4)(o) 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(6)

F28Word in reg. 138(4) repositioned (with application in accordance with reg. 1(4)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/534), regs. 1(1), 4(7)

F29Reg. 138(4)(p) inserted (with application in accordance with reg. 1(4)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/534), regs. 1(1), 4(7)

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