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The Education (Student Support) Regulations 2011

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Amount of the fee loanE+W

This section has no associated Explanatory Memorandum

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)[F3£9,250] 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 [F4in England];

unless paragraph (6) [F5, (6A), (6B), (6C) or (8)] applies.

[F6(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) [F7in England not listed in Schedule 5], the “maximum amount” is—

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

[F8(b)£3,000 where paragraph (7) applies;]

(c)£1,200, where paragraph (7A) applies F9...; or

(d)£900, where paragraph (7B) applies F10....]

[F11(4A) Where the current course began on or after 1st September 2012 and is provided by a private or non-regulated institution listed in Schedule 5 (other than on behalf of a publicly funded or regulated institution respectively), the “maximum amount” is—

(a)£6,165, unless paragraph (7), (7A), (7B) or (8) applies;

(b)£3,080, where paragraph (7) applies;

(c)£1,230, where paragraph (7A) applies and the course is provided by a private institution in England (other than on behalf of a publicly funded institution);

(d)£1,230, where paragraph (7A) applies, the course is provided by a private institution in Wales (other than on behalf of a publicly funded institution) and begins before 1st September 2017;

(e)£1,230 where paragraph (7A) applies, the course is provided by a non-regulated institution in Wales (other than on behalf of a regulated institution) and begins on or after 1st September 2017;

(f)£3,080 where paragraph (7A) applies and the course is provided by a private institution in Northern Ireland or Scotland (other than on behalf of a publicly funded institution);

(g)£920, where paragraph (7B) applies and the course is provided by a private institution in England (other than on behalf of a publicly funded institution);

(h)£920, where paragraph (7B) applies, the course is provided by a private institution in Wales (other than on behalf of a publicly funded institution), and begins before 1st September 2017;

(i)£920, where paragraph (7B) applies, the course is provided by a non-regulated institution in Wales (other than on behalf of a regulated institution), and begins on or after 1st September 2017; or

(j)£3,080, where paragraph (7B) applies and the course is provided by a private institution in Northern Ireland or Scotland (other than on behalf of a publicly funded institution).]

[F12(5) Where the current course began on or after 1st August 2012 and is provided by an institution in Scotland or Northern Ireland, the “maximum amount” is—

(a)£9,250 where the course is provided by or on behalf of a publicly funded institution, unless 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 paragraph (4A), (7), (7A), (7B) or (8) applies;

(c)£4,625 where the course is provided by or on behalf of a publicly funded institution and paragraph (7), (7A) or (7B) applies;

(d)£3,000 where the course is provided by a private institution (other than on behalf of a publicly funded institution) and paragraph (7), (7A) or (7B) applies, unless paragraph (4A) applies.]

[F13(5ZA) Where the current course begins on or after 1st August 2012 and before 1st September 2017, and is provided by or on behalf of an institution in Wales, the “maximum amount” is—

(a)£9,000 where the course is provided by or on behalf of a publicly funded institution, unless 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 paragraph (4A), (7), (7A), (7B) or (8) applies;

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

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

(f)£1,200 where the course is provided by a private institution (other than on behalf of a publicly funded institution) and paragraph (7A) applies, unless paragraph (4A) applies;

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

(h)£900 where the course is provided by a private institution (other than on behalf of a publicly funded institution) and paragraph (7B) applies, unless paragraph (4A) applies.

(5ZB) Where the current course begins on or after 1st September 2017, and is provided by or on behalf of an institution in Wales, the “maximum amount” is—

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

(b)£6,000 where the course is provided by a non-regulated institution, unless paragraph (4A), (7), (7A), (7B) or (8) applies;

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

(d)£3,000 where the course is provided by a non-regulated institution and paragraph (7) applies, unless paragraph (4A) applies;

(e)£1,800 where the course is provided by or on behalf of a regulated institution, and paragraph (7A) applies;

(f)£1,200 where the course is provided by a non-regulated institution and paragraph (7A) applies, unless paragraph (4A) applies;

(g)£1,350 where the course is provided by or on behalf of a regulated institution, and paragraph (7B) applies; or

(h)£900 where the course is provided by a non-regulated institution and paragraph (7B) applies, unless paragraph (4A) applies.]

[F14(5A) Where the current course began before 1st August 2012 and is provided by an institution in Northern Ireland, the maximum amount is [F15£4,030], or, where paragraph (7), (7A) or (7B) applies, [F15£2,005].]

(6) [F16Where paragraph (7) applies], the “maximum amount” is—

(a)£1,725 where the current course began before 1st September 2012 unless paragraph (5) [F17or (5A)] applies; or

(b)[F18£4,625] where the current course began on or after 1st September 2012 unless paragraph (4) [F19(4A), (5), (5ZA) or (5ZB)] applies.

[F20(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)[F21£1,850] where the current course began on or after 1st September 2012 and is provided by an institution in England F22..., unless paragraph (4) [F23or (4A)] applies; or

(c)[F24£4,625] where the current course began on or after 1st September 2012 and is provided by an institution in Northern Ireland or Scotland, unless paragraph [F25(4A) or (5)] 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)[F26£1,385] where the current course began on or after 1st September 2012 and is provided by an institution in England F27..., unless paragraph (4) [F28or (4A)] applies; or

(c)[F29£4,625] where the current course began on or after 1st September 2012 and is provided by an institution in Northern Ireland or Scotland, unless paragraph [F30(4A) or (5)] applies.

(6C) Where paragraph (7C) applies, the “maximum amount” is £1,350 [F31where the course is provided by an institution in Wales or £1,385 where the course is provided by an institution in England or Scotland].]

(7) [F32This 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; [F33or]

F34(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;

F34(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F35(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 [F36, Wales or Scotland] which began on or after 1st September 2012.]

(8) Where the current course is a graduate entry accelerated programme, the “maximum amount” is [F37£5,785 for the first academic year of the course, otherwise £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

F1Word 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)

F2Words 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)

F3Sum in reg. 23(3)(b) substituted (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), reg. 1(3), Sch. 2

F4Words in reg. 23(3)(b)(ii) 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), 9(a)

F5Words 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)

F6Reg. 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)

F7Words in reg. 23(4) 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), 9(b)(i)

F8Reg. 23(4)(b) substituted (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), 9(b)(ii)

F9Words in reg. 23(4)(c) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 9(b)(iii)

F10Words in reg. 23(4)(d) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 9(b)(iv)

F11Reg. 23(4A) 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), 9(c)

F12Reg. 23(5) substituted (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), 9(d)

F13Reg. 23(5ZA)(5ZB) 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), 9(e)

F14Reg. 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)

F15Sums in reg. 23(5A) substituted (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), reg. 1(3), Sch. 2

F16Words 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)

F17Words 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)

F18Sum in reg. 23(6)(b) substituted (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), reg. 1(3), Sch. 2

F19Words in reg. 23(6)(b) 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), 9(f)

F20Reg. 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)

F21Sum in reg. 23(6A)(b) substituted (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), reg. 1(3), Sch. 2

F22Words in reg. 23(6A)(b) omitted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 5(1)(a)

F23Words in reg. 23(6A)(b) substituted (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), 5(1)(b)

F24Sum in reg. 23(6A)(c) substituted (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), reg. 1(3), Sch. 2

F25Words in reg. 23(6A)(c) substituted (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), 9(g)(ii)

F26Sum in reg. 23(6B)(b) substituted (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), reg. 1(3), Sch. 2

F27Words in reg. 23(6B)(b) omitted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 5(1)(a)

F28Words in reg. 23(6B)(b) substituted (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), 5(1)(b)

F29Sum in reg. 23(6B)(c) substituted (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), reg. 1(3), Sch. 2

F30Words in reg. 23(6B)(c) substituted (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), 9(h)(ii)

F31Words in reg. 23(6C) 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), 9(i)

F32Words 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)

F33Word 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)

F34Reg. 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)

F35Reg. 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)

F36Words in reg. 23(7C) substituted (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), 9(j)

F37Words in reg. 23(8) substituted (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), 9(k)

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