The Education (Student Support) Regulations 2011

Amount of the fee loan E+W

23.—(1) For the purposes of this Part,—

(a) where a student (“A”) transfers to the current course pursuant to regulation 7 on or after 1st September 2012 from a full time course beginning before 1st September 2012; or

(b) where the current course is an end-on course of the kind described in paragraph (e) of the definition of “end-on course” in regulation 2;

the current course is treated as beginning before 1st September 2012 in relation to A.

(2) The amount of a fee loan in respect of an academic year of a designated course must not exceed the lesser of—

(a) the fees payable by the student in connection with that year; and

(b) the maximum amount.

(3) For the purposes of this regulation, the “maximum amount” means—

(a) £3,465 where the current course began before 1st September 2012 unless paragraph (5) [F1 , (5A)] [F2 , (6), (6A) or (6B)] applies; or

(b) £9,000 where the current course—

(i) begins on or after 1st September 2012; and

(ii) is provided by or on behalf of a publicly funded institution;

unless paragraph (6) [F3 , (6A), (6B), (6C) or (8)] applies.

[F4 (4) Where the current course begins on or after 1st September 2012 and is provided by a private institution (other than on behalf of a publicly funded institution), the “maximum amount” is—

(a) £6,000, unless paragraph (7), (7A), (7B) or (8) applies;

(b) £3,000, where—

(i) paragraph (7) applies; or

(ii) paragraph (7A) or (7B) applies and the course is provided by an institution in Northern Ireland or Scotland;

(c) £1,200, where paragraph (7A) applies and the course is provided by an institution in England or Wales; or

(d) £900, where paragraph (7B) applies and the course is provided by an institution in England or Wales.]

(5) Where the current course begins on or after 1 August 2012 and is provided by an institution in Scotland, Wales or Northern Ireland, the “maximum amount” is—

(a) £9,000 where the course is provided by or on behalf of a publicly funded institution, unless [F5 paragraph (7), (7A), (7B) or (8) applies];

(b) £6,000 where the course is provided by a private institution (other than on behalf of a publicly funded institution) unless [F6 paragraph (7), (7A), (7B) or (8) applies];

(c) £4,500 where the course is provided by or on behalf of a publicly funded institution, and [F7 paragraph (7) applies;]

(d) £3,000 where the course is provided by a private institution (other than on behalf of a publicly funded institution) and [F8 paragraph (7) applies;]

[F9 (e) £1,800 where the course is provided by or on behalf of a publicly funded institution in Wales, and paragraph (7A) applies;

(f) £4,500 where the course is provided by or on behalf of a publicly funded institution in Northern Ireland or Scotland, and paragraph (7A) applies;

(g) £1,200 where the course is provided by a private institution (other than on behalf of a publicly funded institution) in Wales, and paragraph (7A) applies;

(h) £3,000 where the course is provided by a private institution (other than on behalf of a publicly funded institution) in Northern Ireland or Scotland, and paragraph (7A) applies;

(i) £1,350 where the course is provided by or on behalf of a publicly funded institution in Wales, and paragraph (7B) applies;

(j) £4,500 where the course is provided by or on behalf of a publicly funded institution in Northern Ireland or Scotland, and paragraph (7B) applies;

(k) £900 where the course is provided by a private institution (other than on behalf of a publicly funded institution) in Wales, and paragraph (7B) applies; or

(l) £3,000 where the course is provided by a private institution (other than on behalf of a publicly funded institution) in Northern Ireland or Scotland, and paragraph (7B) applies.]

[F10 (5A) Where the current course began before 1st August 2012 and is provided by an institution in Northern Ireland, the maximum amount is [F11 £3,925], or, where paragraph (7), (7A) or (7B) applies, [F11 £1,955].]

(6) [F12 Where paragraph (7) applies], the “maximum amount” is—

(a) £1,725 where the current course began before 1st September 2012 unless paragraph (5) [F13 or (5A)] applies; or

(b) £4,500 where the current course began on or after 1st September 2012 unless paragraph (4) applies.

[F14 (6A) Where paragraph (7A) applies, the “maximum amount” is—

(a) £1,725 where the current course began before 1st September 2012, unless paragraph (5) or (5A) applies;

(b) £1,800 where the current course began on or after 1st September 2012 and is provided by an institution in England or Wales, unless paragraph (4) applies; or

(c) £4,500 where the current course began on or after 1st September 2012 and is provided by an institution in Northern Ireland or Scotland, unless paragraph (4) applies.

(6B) Where paragraph (7B) applies, the “maximum amount” is—

(a) £1,725 where the current course began before 1st September 2012, unless paragraph (5) or (5A) applies;

(b) £1,350 where the current course began on or after 1st September 2012 and is provided by an institution in England or Wales, unless paragraph (4) applies; or

(c) £4,500 where the current course began on or after 1st September 2012 and is provided by an institution in Northern Ireland or Scotland, unless paragraph (4) applies.

(6C) Where paragraph (7C) applies, the “maximum amount” is £1,350.]

(7) [F15 This paragraph applies in respect of]—

(a) the final academic year of a designated course where that academic year is normally required to be completed after less than 15 weeks' attendance; [F16 or]

F17 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) in respect of a course for the initial training of teachers which—

(i) began before 1st September 2010; or

(ii) begins on or after 1st September 2010 where the student transfers to the current course pursuant to regulation 7 from a course for the initial training of teachers beginning before 1st September 2010,

an academic year during which any periods of full-time study are in aggregate less than 10 weeks;

F17 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F18 (7A) This paragraph applies in respect of an academic year of a sandwich course—

(a) during which any periods of full-time study are in aggregate less than 10 weeks; or

(b) if in respect of that academic year and any previous academic years of the course the aggregate of any one or more periods of attendance which are not periods of full-time study at the institution (disregarding intervening vacations) exceeds 30 weeks.

(7B) This paragraph applies in respect of an academic year of a course provided in conjunction with an overseas institution which is not an Erasmus year—

(a) during which any periods of full-time study at the institution in the United Kingdom are in aggregate less than 10 weeks; or

(b) if in respect of that academic year and any previous academic years of the course the aggregate of any one or more periods of attendance which are not periods of full-time study at the institution in the United Kingdom (disregarding intervening vacations) exceeds 30 weeks.

(7C) This paragraph applies in respect of an Erasmus year of a course provided by an institution in England or Wales which began on or after 1st September 2012.]

(8) Where the current course is a graduate entry accelerated programme, the “maximum amount” is £5,535.

(9) A student may apply to the Secretary of State to reduce the amount of loan for which the student has applied in respect of a period of the academic year for which the academic authority has not made a request to the Secretary of State for payment of the fee loan or fee loan instalment under regulation 113.

Textual Amendments

F1 Word in reg. 23(3)(a) inserted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(2)(a), 12(a)

F2 Words in reg. 23(3)(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), regs. 1(2)(a), 9(a)(i)

F3 Words in reg. 23(3)(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), regs. 1(2)(a), 9(a)(ii)

F4 Reg. 23(4) 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), regs. 1(2)(a), 9(b)

F5 Words in reg. 23(5)(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), regs. 1(2)(a), 9(c)(i)

F6 Words in reg. 23(5)(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), regs. 1(2)(a), 9(c)(ii)

F7 Words in reg. 23(5)(c) 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), regs. 1(2)(a), 9(c)(iii)

F8 Words in reg. 23(5)(d) 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), regs. 1(2)(a), 9(c)(iv)

F9 Reg. 23(5)(e)-(l) inserted (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), regs. 1(2)(a), 9(c)(v)

F10 Reg. 23(5A) 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), regs. 1(2)(a), 9(d)

F11 Sums in reg. 23(5A) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), reg. 1(3)(a), Sch.

F12 Words in reg. 23(6) 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), regs. 1(2)(a), 9(e)

F13 Words in reg. 23(6)(a) inserted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(2)(a), 12(c)

F14 Reg. 23(6A)-(6C) inserted (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), regs. 1(2)(a), 9(f)

F15 Words in reg. 23(7) 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), regs. 1(2)(a), 9(g)(i)

F16 Word in reg. 23(7)(a) inserted (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), regs. 1(2)(a), 9(g)(ii)

F17 Reg. 23(7)(b)(d) omitted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by virtue of The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(2)(a), 9(g)(iii)

F18 Reg. 23(7A)-(7C) inserted (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), regs. 1(2)(a), 9(h)