3.—(1) An eligible student qualifies for a fee loan in connection with a designated further education course subject to and in accordance with this regulation.
(2) A person is an eligible student in connection with a designated further education course if in assessing that person’s application for a fee loan the Secretary of State determines that the person falls within one of the categories set out in Part 2 of Schedule 1 and the person satisfies the requirements of the other paragraphs of this regulation.
(3) The requirements of this paragraph are that the eligible student (“A”)—
[F1(aa)has reached the age of 24 on the first day of A’s designated further education course, where that day is before 1st August 2016;
(a)has reached the age of 19 on the first day of A’s designated further education course, where that day is on or after 1st August 2016;]
(b)is not in breach of any obligation to repay any loan;
(c)has ratified any agreement for a loan made with A when A was under the age of 18;
(d)has not, in the opinion of the Secretary of State, shown by A’s conduct that A is unfitted to receive support.
(4) If A is an eligible prisoner A can qualify for a fee loan under this regulation in respect of a designated further education course which is taking place at the time which A enters prison, is in prison or is released from prison.
(5) For the purposes of paragraphs [F2(3)(b) and (3)(c)], “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 [F3(3)(c)] 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.
(7) Where the Secretary of State has determined that, by virtue of being a refugee or the spouse, civil partner, child or step-child of a refugee, a person (“A”) is—
(a)an eligible student in connection with an application for a fee loan for a designated further education course; and
(b)as at the day before that course 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 student terminates immediately before the first day of the course.
[F4(7A) Where—
(a)the Secretary of State has 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”) is an eligible student in connection with an application for a fee loan for a designated further education course; and
(b)as at the day before that course 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 course.]
[F5(7B) Where—
(a)the Secretary of State has determined that, by virtue of being a person granted section 67 leave, a person (“A”) is an eligible student in connection with an application for a fee loan for a designated further education course, and
(b)as at the day before that course begins, the period for which the person granted section 67 leave is allowed to stay in the United Kingdom and Islands 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 course.]
(8) Where the Secretary of State has 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”) is—
(a)an eligible student in connection with an application for a fee loan for a designated further education course; and
(b)as at the day before that course 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 student terminates immediately before the first day of the course.
Textual Amendments
F1Reg. 3(3)(a)(aa) substituted for reg. 3(3)(a) (1.4.2016) by The Further Education Loans (Amendment) Regulations 2016 (S.I. 2016/238), regs. 1, 3
F2Words in reg. 3(5) substituted (1.8.2014) by The Further and Higher Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/1766), regs. 1, 4(a)
F3Word in reg. 3(6) substituted (1.8.2014) by The Further and Higher Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/1766), regs. 1, 4(b)
F4Reg. 3(7A) inserted (1.4.2018) by The Further Education Loans (Amendment) Regulations 2018 (S.I. 2018/182), regs. 1, 3(2)
F5Reg. 3(7B) 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), 39(3)
Commencement Information
[F64.—(1) A further education course may be designated by the Secretary of State for the purposes of section 22(1) of the 1998 Act where—
(a)the course began on or after 1st August 2013; and
(b)the institution providing the course is situated in England.
(2) The Secretary of State may revoke or suspend the designation of a course which is designated under paragraph (1).]
Textual Amendments
F6Reg. 4 substituted (1.8.2014) by The Further and Higher Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/1766), regs. 1, 5
Commencement Information
5.—(1) A student’s status as an eligible student is retained in connection with a designated further education course until the status terminates in accordance with this regulation.
(2) The period for which an eligible student retains that status is the “period of eligibility”.
[F7(3) Subject to the following paragraphs the maximum periods of eligibility are determined by the type of further education course and are as follows—
(a)two years for AS Levels;
(b)two years for A Levels;
(c)two years for an Access to HE Diploma; and
(d)three years for any other type of course.]
(4) The period of eligibility terminates when the eligible student (“A”)—
(a)withdraws from A’s further education course in circumstances where the Secretary of State has not transferred or will not transfer A’s status as an eligible student under regulation 8,or
(b)abandons or is expelled from A’s further education course.
(5) The Secretary of State may terminate the period of eligibility where A has shown by A’s conduct that A is unfitted to receive a fee loan.
(6) If the Secretary of State is satisfied that an eligible student has failed to comply with any requirement to provide information under these Regulations or has provided information which is inaccurate in a material particular, the Secretary of State may take such of the following actions as the Secretary of State considers appropriate in the circumstances—
(a)terminate the period of eligibility;
(b)determine that the student no longer qualifies for any fee loan or particular amount of fee loan;
(c)treat any fee loan paid to the student as an overpayment which may be recovered under regulation 24.
(7) Where the period of eligibility terminates before the student completes the further education course, the Secretary of State may, at any time, renew the period of eligibility for such period as the Secretary of State determines.
Textual Amendments
F7Reg. 5(3) substituted (1.4.2016) by The Further Education Loans (Amendment) Regulations 2016 (S.I. 2016/238), regs. 1, 4
Commencement Information
6. Where one of the events listed in regulation 7 occurs other than prior to the beginning of a designated further education course a student may qualify for a fee loan in accordance with this Part in respect of that course.
7. The events are—
F8(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)the student or the student’s spouse, civil partner, parent or step-parent is recognised as a refugee or becomes [F9a person granted stateless leave or] a person granted humanitarian protection;
(c)a state accedes to the EU where the student is a national of that state or a family member (as defined in Part 1 of Schedule 1) of a national of that state;
(d)the student becomes a family member (as defined in Part 1 of Schedule 1) of an EU national;
(e)the student acquires the right of permanent residence;
(f)the student becomes the child of a Turkish worker;
(g)the student becomes a person described in paragraph 6(1)(a) of Schedule 1; F10...
(h)the student becomes the child of a Swiss national [F11; or]
[F12(i)the student becomes a person granted section 67 leave.]
Textual Amendments
F8Reg. 7(a) omitted (1.4.2016) by virtue of The Further Education Loans (Amendment) Regulations 2016 (S.I. 2016/238), regs. 1, 5(1)
F9Words in reg. 7(b) inserted (1.4.2018) by The Further Education Loans (Amendment) Regulations 2018 (S.I. 2018/182), regs. 1, 3(3)
F10Word in reg. 7(g) omitted (with application in accordance with reg. 1(2)(3)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 39(4)(a)
F11Word in reg. 7(h) substituted for full stop (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), 39(4)(b)
F12Reg. 7(i) 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), 39(4)(c)
Commencement Information
7A.—(1) A student may only qualify for a loan for a course that is designated after that student starts the course if the course is designated in the academic year in which that student starts the course.
(2) For the purposes of this regulation an “academic year” means the twelve month period starting on 1st August and ending on 31st July.]
Textual Amendments
F13Reg. 7A inserted (1.4.2016) by The Further Education Loans (Amendment) Regulations 2016 (S.I. 2016/238), regs. 1, 5(2)
8.—(1) Where an eligible student (“A”) transfers to another designated further education course at the same institution, the Secretary of State may transfer their status as an eligible student to that further education course where—
(a)the Secretary of State receives a request from the eligible student to transfer to a further education course at an equivalent level to the course which the eligible student is currently taking, and
(b)the period of eligibility has not terminated.
(2) Where A transfers under paragraph (1), A is entitled to receive in connection with the further education course to which A transfers, any remainder of the fee loan assessed by the Secretary of State in respect of the remainder of the period of eligibility of the further education course to which A transfers.
9. Where an eligible student transfers to a designated further education course at an alternative institution that eligible student must apply for a fee loan under regulation 10 unless that eligible student has transferred to an alternative institution because the institution at which that eligible student began a designated further education course ceases to be publicly funded F14....