- Latest available (Revised)
- Point in Time (29/03/2018)
- Original (As made)
Point in time view as at 29/03/2018. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Education (Student Support) Regulations 2011. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
144.—(1) An eligible part-time student (“A”) qualifies for a fee loan in respect of the fees payable by A in connection with A's undertaking a designated part-time course beginning on or after 1st September 2012.
(2) A part-time student does not qualify for a fee loan if the intensity of study during the academic year for which support is claimed is less than 25% [F1of an equivalent full-time course].
[F2(3) An eligible part-time student qualifies for a fee loan under paragraph (1) if the Secretary of State considers that—
(a)the student is attending the course in the United Kingdom, or
(b)where the course is a part-time distance learning course, the student is undertaking the course in England on the first day of the first academic year.]
[F3(3ZA) For the purposes of paragraph (3)(b), a person (“A”) is to be treated as being ordinarily resident in England for any period during which A would have been so resident but for the fact that—
(a)A,
(b)A’s spouse or civil partner,
(c)A’s parent, or
(d)in the case of a dependent direct relative in the ascending line, A’s child or child’s spouse or civil partner,
is or was temporarily employed in Wales, Scotland or Northern Ireland as a member of the regular naval, military or air forces of the Crown.]
[F4(3A) A student qualifying for a fee loan in respect of a part-time distance learning course under paragraph (3) will no longer qualify for a fee loan in respect of that course if the Secretary of State considers that the student is undertaking the course outside the United Kingdom.]
[F5(3B) Paragraphs (3)(b) and (3A) do not apply to a person who is treated as being ordinarily resident in the United Kingdom by virtue of paragraph 1(4) of Schedule 1 on the basis of temporary employment falling within paragraph 1(5)(a) of that Schedule.]
(4) [F6Subject to [F7paragraphs (6) to (12)]] an eligible part-time student does not qualify for support under this regulation if the current part-time course leads to an equivalent or lower qualification.
(5) An eligible part-time student does not qualify for support under this regulation if—
(a)the student has undertaken one or more part-time courses for sixteen academic years in aggregate; and
(b)the student was eligible to apply for a fee loan under this regulation or a loan or grant of the kind described in regulation 141(5) in respect of each of those academic years.
(6) [F8Paragraph (4) does not apply] if—
(a)the current part-time course is a course for the initial training of teachers which started on or after 1st September 2012;
(b)the duration of the current course does not exceed four years; and
(c)the student is not a qualified teacher.
[F9(7) Paragraph (4) does not apply if—
(a)the current part-time course—
(i)is a course in engineering, technology or computer science (or a combination of those subjects);
(ii)leads to an honours degree; and
(b)the student begins the current part-time course on or after 1st August 2015.
[F10(7A) Paragraph (4) does not apply if—
(a)the current part-time course—
(i)is a course in agriculture and related subjects, biological sciences, mathematical sciences, physical sciences or veterinary sciences (or a combination of those subjects);
(ii)leads to an honours degree; and
(b)the student begins the current part-time course on or after 1st August 2017.
(7B) Paragraph (4) does not apply if—
(a)the current part-time course—
(i)is a pre-registration course in an allied health profession subject, midwifery, nursing, nursing and social work or operating department practice;
[F11(ii)leads to—
(aa)an ordinary degree or an honours degree;
(bb)in respect of a course in a dental profession subject, an ordinary degree, an honours degree, a diploma or a foundation degree; or
(cc)in respect of a course in operating department practice, an ordinary degree, an honours degree or a diploma;]
(b)the student begins the current part-time course on or after 1st August 2017 [F12or, in the case of a course in a dental profession subject, begins on or after 1st August 2018]]
(8) Paragraph (4) 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 of the current part-time course.
(9) Where paragraph (8) applies, the student qualifies for support under this regulation in accordance with paragraphs (10) to [F13(12A)].
(10) If the Secretary of State makes the determination before the first day of the first academic year of the current part-time course then the student qualifies for support under this regulation in respect of the first academic year of the current part-time course.
(11) If the Secretary of State makes the determination on or after the first day of the first academic year of the current part-time course then the student qualifies for support under this regulation in respect of—
(a)the academic year of the current part-time course during which the Secretary of State makes the determination; and
(b)an academic year of the current part-time course which the student has completed prior to the Secretary of State making the determination.
[F14(12) Paragraphs (10) and (11) do not apply if the Secretary of State considers that there are exceptional circumstances.]]
[F15(12A) Where the Secretary of State considers that there are exceptional circumstances, the Secretary of State may determine that the student should qualify for support under this regulation in respect of one or more academic years of the current part-time course, as appropriate, whether or not the student has completed those academic years prior to the Secretary of State making the determination.]
Textual Amendments
F1Words in reg. 144(2) inserted (1.8.2012) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(3), 30(a)
F2Reg. 144(3) substituted (1.8.2012) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(3), 30(b)
F3Reg. 144(3ZA) inserted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 3(3)
F4Reg. 144(3A) inserted (1.8.2012) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(3), 30(c)
F5Reg. 144(3B) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 20(a)
F6Words in reg. 144(4) inserted (1.8.2012) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(3), 30(d)
F7Words in reg. 144(4) substituted (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), 17(a)
F8Words in reg. 144(6) substituted (1.8.2012) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(3), 30(e)
F9Reg. 144(7)-(12) 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), 17(b)
F10Reg. 144(7A)(7B) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 20(b)
F11Reg. 144(7B)(a)(ii) substituted (with application in accordance with reg. 1(2)(b)(3) of the amending S.I.) by The Education (Student Support) (Amendment) (No. 2) Regulations 2018 (S.I. 2018/443), regs. 1(2)(a), 12(2)(a)
F12Words in reg. 144(7B)(b) inserted (with application in accordance with reg. 1(2)(b)(3) of the amending S.I.) by The Education (Student Support) (Amendment) (No. 2) Regulations 2018 (S.I. 2018/443), regs. 1(2)(a), 12(2)(b)
F13Word in reg. 144(9) substituted (27.2.2018) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 4(4)(a)
F14Reg. 144(12) substituted (27.2.2018) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 4(4)(b)
F15Reg. 144(12A) inserted (27.2.2018) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 4(4)(c)
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: