The Education (Student Support) Regulations 2011

[F2Conversion of status from eligible student to eligible part-time studentE+W

This section has no associated Explanatory Memorandum

139B.—(1) Where an eligible student ceases to undertake a designated course and transfers to a designated part-time course at the same or at another institution, the Secretary of State must convert the student’s status as an eligible student to that of an eligible part-time student in connection with the course to which the student is transferring where—

(a)the Secretary of State receives a request from the eligible student to do so; and

(b)the period of eligibility has not terminated.

(2) Where, before completing the designated course, the student transfers to a part-time course in the same subject or subjects leading to the same qualification at the same institution, the part-time course is to be treated as satisfying regulation 139(1)(b) and (c) if the period of part-time study to be undertaken by the student is of at least one academic year’s duration and [F3does not exceed four times the period ordinarily required to complete the remainder of the designated course from which the student transfers.]

(3) The following applies to a student (“A”) who transfers under paragraph (1)—

(a)where the Secretary of State has determined to pay an amount of disabled students’ allowance to A under Chapter 3 of Part 5 in instalments, no payment in respect of that amount of grant must be made in respect of any instalment period beginning after the date on which A becomes an eligible part-time student;

(b)the maximum amount of disabled part-time students’ allowance to which A would, apart from this regulation, be entitled in connection with A undertaking a designated part-time course in respect of that academic year is reduced by one third where A became an eligible part-time student during the second quarter of the academic year and by two thirds where A became such a student in a later quarter of that year;

(c)where an amount of disabled students’ allowance has been paid to A under Chapter 3 of Part 5 (“the first amount”) in a single payment, the maximum amount of disabled part-time students’ allowance payable for that purpose is reduced (or, where sub-paragraph (b) applies, further reduced) by the first amount, and where the resulting amount is nil or a negative amount that amount is nil; and

(d)where immediately before A became an eligible part-time student A was eligible to apply, but had not applied, for a loan for living costs under Part 6 in respect of that academic year, or had not applied for the maximum amount or increased maximum to which A was entitled under that Part, A may apply for such a loan, or such additional amount of loan, as if A had continued to be an eligible student.

(4) Except where paragraph (5) applies, where a transfer under paragraph (1) is made—

(a)the maximum amount of any loan under Part 6 to which the student would, apart from this regulation, be entitled in connection with a designated course in respect of that academic year is reduced—

(i)by two thirds, where the student transfers to a designated part-time course at the beginning of the second quarter of that academic year;

(ii)by one third, where the student transfers to a designated part-time course at the beginning of the third quarter of that academic year; and

(b)the maximum amount of any loan under Part 11B to which the student would be entitled in connection with the designated part-time course in respect of that academic year if the student had been an eligible part-time student throughout that year is reduced—

(i)by one third, where the student transfers to a designated part-time course at the beginning of the second quarter of that academic year;

(ii)by two thirds, where the student transfers to a designated part-time course at the beginning of the third quarter of that academic year.

(5) This paragraph applies where an eligible student—

(a)transfers under paragraph (1); and

(b)ceases to undertake the designated course and starts to undertake the designated part-time course in the same quarter of an academic year (“the conversion year”).

(6) Where paragraph (5) applies—

(a)the amount of loan under Part 6 to which the student is entitled for the conversion year in respect of the designated course is—

where—

  • A is the number of days of the designated course which the student undertakes in the conversion year;

  • B is the length of the designated course, in days, in the conversion year;

  • C is the maximum amount of loan to which the student would be entitled in the conversion year under Part 6 were it not for the transfer; and

(b)the amount of loan under Part 11B to which the student is entitled for the conversion year in respect of the designated part-time course is—

where—

  • D is the number of days of the designated part-time course which the student undertakes in the conversion year;

  • E is the length of the designated part-time course, in days, in the conversion year;

  • F is the maximum amount of loan to which the student would be entitled in the conversion year under Part 11B if the student had been an eligible part-time student throughout that year.]

Textual Amendments

F2Regs. 139A-139D 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), 14