The Education (Student Support) Regulations 2011

Eligible students E+W

4.—(1) An eligible student qualifies for support in connection with a designated course subject to and in accordance with these Regulations.

[F1 (2) Subject to the following provisions of this regulation, a person is an eligible student in connection with a designated course if in assessing that person’s application for support the Secretary of State determines that the person falls within one of the categories set out—

(a) in paragraphs 2, 2A, 3, 4, 4A, 4B, 4C, 4D, 4E, 5, 6A, 7A, 8A, 9A, 9B, [F2 9BA,] [F3 9BB,] 9C, 9D, 10ZA, 11A, 12A [F4 , 13 and 14] in Part 2 of Schedule 1; or

(b) in paragraphs 6, 7, 8, 9, 10, 10A, 11 and 12 in Part 2 of Schedule 1, where paragraph (2A) applies.

(2A) This paragraph applies where—

(a) in connection with a designated course beginning before 1st August 2021, the Secretary of State—

(i) in assessing an application for support by a person (“A”), determined that A fell within one of the categories set out in paragraphs 6, 7, 8, 9, 10, 10A, 11 and 12 in Part 2 of Schedule 1 in relation to an academic year of the course beginning before 1st August 2021; or

(ii) would have so determined had A made an application for support in accordance with this Part in relation to an academic year of the course beginning before that date; and

(b) A applies for support in connection with that course or a designated course to which A’s status as an eligible student is transferred from that course in accordance with this Part.

(2B) In connection with a designated course beginning on or after 1st January 2028, paragraph (2) has effect as if it did not mention paragraphs 8A [F5 , 9B, 9BA and 9D].]

(3) A person (“A”) is not an eligible student if—

[F6 (za) A is studying on a course as part of an apprenticeship;]

(a) an old award has been bestowed on A in respect of A's attendance on the course;

(b) A is eligible for a loan in relation to an academic year of the course under the Education (Student Loans) Act 1990 or the Education (Student Loans) (Northern Ireland) Order 1990;

(c) A is eligible to apply for, in connection with the course,—

(i) a healthcare bursary the amount of which is not calculated by reference to F7 ... income; or

(ii) any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 2007 M1 ;

(d) A is in breach of any obligation to repay any loan;

(e) A has reached the age of 18 and has not ratified any agreement for a loan made with A when A was under the age of 18;

(f) A has, in the opinion of the Secretary of State, shown by A's conduct that A is unfitted to receive support; or

(g) subject to paragraph (4), A is a prisoner.

(4) Paragraph (3)(g) does not apply—

(a) where the student is an eligible prisoner;

(b) where the current course began before 1st September 2012;

(c) where the student has transferred to the current course on or after 1st September 2012 pursuant to regulation 7 from a course beginning before 1st September 2012;

(d) where the course is an end-on course; or

(e) in respect of an academic year during which the student enters prison or is released from prison.

(5) For the purposes of paragraphs (3)(d) and (3)(e), “loan” means a loan made under any provision of the student loans legislation.

(6) In a case where the agreement for a loan is subject to the law of Scotland, paragraph (3)(e) only applies if the agreement was made—

(a) before 25th September 1991; and

(b) with the concurrence of the borrower's curator or at a time when the borrower had no curator.

[F8 (6A) A person (“A”) is not an eligible student in connection with a postgraduate pre-registration course unless A begins the course on or after 1st August 2018.

(6B) For the purposes of paragraph (6A), a person (“A”) who transfers from a postgraduate pre-registration course which began before 1st August 2018 to a postgraduate pre-registration course which begins on or after 1st August 2018 (“the second course”) is not an eligible student unless A—

(a) transfers to the first academic year of the second course; or

(b) transfers to any other academic year of the second course which is not a bursary year.

(6C) A person (“A”) is not an eligible student in connection with a pre-registration course or a postgraduate pre-registration course which leads to a qualification for a profession in respect of which A is already registered in the relevant part or parts of the register maintained by the Health and Care Professions Council, the Nursing and Midwifery Council or the General Dental Council.

(6D) A person (“A”) is not an eligible student in connection with a postgraduate pre-registration course if A has received support under Part 4, 5 or 6 of these Regulations in connection with a previous postgraduate pre-registration course begun on or after 1st August 2018 and has achieved a qualification.

(6E) A person who—

(a) has a disability, and

(b) would be an eligible student in connection with a postgraduate pre-registration course but for paragraph (6D),

is to be treated, for the purposes of Part 12 of these Regulations only, as if that person were an eligible postgraduate student in connection with a designated postgraduate course.]

(7) An eligible student in respect of whom the first academic year of the specified designated course begins on or after 1st September 2000 does not, at any one time, qualify for support for—

(a) more than one designated course;

F9 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) a designated course and a designated part-time course;

(d) a designated course and a designated postgraduate course.

(7A) [F10 A person (“A”) is not an eligible student if A is enrolled on a course which is designated under regulation 4 of the Education (Postgraduate Master’s Degree Loans) Regulations 2016 [F11 or regulation 4 of the Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 2018, and is receiving support under either set of regulations for that course].]

F12 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15 (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12) Where—

(a) the Secretary of State determined that, by virtue of being a refugee or the spouse, civil partner, child or step-child of a refugee, a person (“A”) was—

(i) an eligible student in connection with an application for support for an earlier year of the current course, an application for support for a course in relation to which the current course is an end-on course or an application for support in connection with a designated part-time course F16 ... or other designated course from which A's status as an eligible part-time student F16 ... or eligible student has been transferred to the current course; or

(ii) a qualifying student in connection with an application for support for an earlier year of the qualifying course or other qualifying course from which A's status as a qualifying student has been transferred to the qualifying course in respect of which the student is applying for support; and

(b) as at the day before the academic year in respect of which A is applying for support begins, the refugee status of A or of A's spouse, civil partner, parent or step-parent, as the case may be, has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),

A's status as an eligible or qualifying student terminates immediately before the first day of the academic year in respect of which A is applying for support.

[F17 (12A) Where—

(a) the Secretary of State determined that, by virtue of being a person granted stateless leave or the spouse, civil partner, child or step-child of a person granted stateless leave, a person (“A”) was an eligible student in connection with—

(i) an application for support for an earlier year of the current course,

(ii) an application for support for a course in relation to which the current course is an end-on course, or

(iii) an application for support in connection with a designated part-time course or other designated course from which A’s status as an eligible part-time student or eligible student has been transferred to the current course, and

(b) as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted stateless leave is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted,

A’s status as an eligible student terminates immediately before the first day of the academic year in respect of which A is applying for support.]

[F18 (12B) Where—

(a) the Secretary of State determined that, by virtue of being a person granted section 67 leave, a person (“A”) was an eligible student in connection with—

(i) an application for support for an earlier year of the current course, or

(ii) an application for support in connection with a designated part-time or other designated course from which A’s status as an eligible part-time student or eligible student has been transferred to the current course, and

(b) as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted section 67 leave is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted,

A’s status as an eligible student terminates immediately before the first day of the academic year in respect of which A is applying for support.]

[F19 (12C) Where—

(a) the Secretary of State determined that, by virtue of being a person granted Calais leave, a person (“A”) was an eligible student in connection with—

(i) an application for support for an earlier year of the current course; or

(ii) an application for support in connection with a designated part-time course or other designated course from which A’s status as an eligible part-time student or eligible student has been transferred to the current course; and

(b) as at the day before the academic year in respect of which A is applying for support begins, the period for which A is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted,

A’s status as an eligible student terminates immediately before the first day of the academic year in respect of which A is applying for support.]

(13) Where—

(a) the Secretary of State determined that, by virtue of being a person granted humanitarian protection or the spouse, civil partner, child or step-child of such a person, a person (“A”) was—

(i) an eligible student in connection with an application for support for an earlier year of the current course, an application for support for a course in relation to which the current course is an end-on course or an application for support in connection with a designated part-time course F20 ... or other designated course from which A's status as an eligible part-time student F20 ... or eligible student has been transferred to the current course; or

(ii) a qualifying student in connection with an application for support for an earlier year of the qualifying course or other qualifying course from which A's status as a qualifying student has been transferred to the qualifying course in respect of which the student is applying for support; and

(b) as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted humanitarian protection is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),

A's status as an eligible or qualifying student terminates immediately before the first day of the academic year in respect of which A is applying for support.

[F21 (13A) Where—

(a) the Secretary of State determined that, by virtue of being a person with protected rights with limited leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules, a person (“A”) was an eligible student in connection with—

(i) an application for support for an earlier year of the current course; or

(ii) an application for support in connection with a designated part-time course or other designated course from which A’s status as an eligible part-time student or eligible student has been transferred to the current course; and

(b) as at the day before the academic year in respect of which A is applying for support begins, A no longer has extant limited leave to enter or remain granted by virtue of residence scheme immigration rules and no further leave to enter or remain has been granted under those rules,

A’s status as an eligible student terminates immediately before the first day of the academic year in respect of which A is applying for support.

(13B) Where—

(a) the Secretary of State has determined that, by virtue of—

(i) falling within [F22 paragraph (1)(a) F23 ... (iv) or (v)] of the definition of “person with protected rights”; or

(ii) meeting the conditions in paragraph 3(1)(a) F24 ... (iv) in Part 2 of Schedule 1,

a person (“A”) is an eligible student in connection with an application for support for an academic year of a designated course; and

(b) as at the day before the academic year begins, A is not a person with protected rights,

A’s status as an eligible student terminates immediately before the first day of the academic year in respect of which A is applying for support.]

[F25 (13C) Where—

(a) the Secretary of State determined that, by virtue of being a person granted leave under [F26 one of the Afghan Schemes], a person (“A”) was—

(i) an eligible student in connection with an application for support for—

(aa) an earlier year of the current course;

(bb) an application for support for a course in relation to which the current course is an end-on course; or

(cc) an application for support in connection with a designated part-time course or other designated course from which A’s status as an eligible part-time student or eligible student has been transferred to the current course; or

(ii) a qualifying student in connection with an application for support for an earlier year of the qualifying course or other qualifying course from which A’s status as a qualifying student has been transferred to the qualifying course in respect of which the student is applying for support; and

(b) as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted leave under [F27 one of the Afghan Schemes] is allowed to stay in the United Kingdom has expired,

A’s status as an eligible or qualifying student terminates immediately before the first day of the academic year in respect of which A is applying for support.]

F28 (14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Reg. 4(2)-(2B) substituted for reg. 4(2) (1.3.2021) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 (S.I. 2021/127), regs. 1(1), 4(a)

F2 Word in reg. 4(2)(a) inserted (1.9.2021) by The Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/929), regs. 1(1), 8(1)(a)

F3 Word in reg. 4(2)(a) inserted (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(1)

F4 Words in reg. 4(2)(a) substituted (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(2)(a)

F5 Words in reg. 4(2B) substituted (1.9.2021) by The Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/929), regs. 1(1), 8(1)(b)

F6 Reg. 4(3)(za) inserted (23.12.2021) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 6(1)

F7 Word in reg. 4(3)(c)(i) 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), 4

F8 Reg. 4(6A)-(6E) 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), 4(2)

F9 Reg. 4(7)(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), 6(2)(a)

F10 Reg. 4(7A) 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), 4(3)

F11 Words in reg. 4(7A) substituted (11.6.2018) by The Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 2018 (S.I. 2018/599), regs. 1(1), 55

F12 Reg. 4(8) omitted (23.12.2015) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(2), 5

F13 Reg. 4(9) omitted (23.12.2015) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(2), 5

F14 Reg. 4(10) omitted (23.12.2015) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(2), 5

F15 Reg. 4(11) omitted (23.12.2015) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(2), 5

F16 Words in reg. 4(12)(a)(i) 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), 6(2)(b)

F17 Reg. 4(12A) 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(2)

F18 Reg. 4(12B) 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(2)

F19 Reg. 4(12C) inserted (with application in accordance with reg. 1(3)(b) 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), 3(3)(b)

F20 Words in reg. 4(13)(a)(i) 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), 6(2)(b)

F21 Reg. 4(13A)(13B) inserted (1.3.2021) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 (S.I. 2021/127), regs. 1(1), 4(b)

F22 Words in reg. 4(13B)(a)(i) substituted (1.9.2021) by The Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/929), regs. 1(1), 4

F23 Word in reg. 4(13B)(a)(i) omitted (with application in accordance with reg. 1(3)(e) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 12(2)(a)

F24 Words in reg. 4(13B)(a)(ii) omitted (with application in accordance with reg. 1(3)(e) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 12(2)(b)

F25 Reg. 4(13C) 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(2)(b)

F26 Words in reg. 4(13C)(a) substituted (15.2.2022) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2022 (S.I. 2022/57), regs. 1(1), 4 (with reg. 1(3))

F27 Words in reg. 4(13C)(b) substituted (15.2.2022) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2022 (S.I. 2022/57), regs. 1(1), 4 (with reg. 1(3))

F28 Reg. 4(14) omitted (23.12.2021) by virtue of The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 15(1)

Marginal Citations

M1 S.S.I. 2007/151, amended by S.S.I. 2007/503.