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The Further Education Loans Regulations 2012
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PART 4E+WFEE LOANS
Availability of fee loans to eligible students - generalE+W
14. When assessing an application for a fee loan in respect of a designated further education course, the Secretary of State must determine the standard entitlement.
[F1Standard entitlement of eligible studentsE+W
15.—(1) The standard entitlement of an eligible student for all designated further education courses is determined in accordance with this regulation.
(2) The standard entitlement is a maximum of four fee loans, where the eligible student does not take out a fee loan for a programme of A Level study.
(3) Where an eligible student takes out a fee loan for a programme of A Level study, the standard entitlement is—
(a)a maximum of eight fee loans for the programme of A Level study, and
(b)a maximum of three fee loans for other designated further education courses.
(4) An eligible student undertaking a programme of A Level study may use fee loans from their standard entitlement to fund—
(a)a maximum of four AS Level courses;
(b)a maximum of four A Level courses;
(c)AS and A Level courses in a maximum of four subjects.
(5) An eligible student may only use one fee loan from their standard entitlement to fund an Access to HE Diploma.
(6) An eligible student taking more than one designated further education course at any one time may qualify for a fee loan for each course.
(7) Where an eligible student has qualified for a fee loan in connection with a designated further education course and has received public funds for the fees for that course equal to the full amount of the fee loan, the fee loan does not count towards the standard entitlement if—
(a)the Secretary of State has withheld payment of all of the fee loan under regulation 22(5), or
(b)the fee loan has been repaid in full under regulation 24.
(8) A fee loan taken out by an eligible student which is cancelled in full under regulation 25 does not count towards the standard entitlement.
(9) In addition to the standard entitlement, if the Secretary of State determines that the eligible student is—
(a)repeating a designated further education course because of compelling personal reasons, or
(b)transferring to an alternative institution because the institution at which that student began a designated further education course has ceased to be publicly funded,
the eligible student may qualify for further fee loans in respect of any period or periods of study arising as a result.
(10) In this regulation, a “programme of A level study” means the study of one or more AS Level or A Level courses.]
Textual Amendments
F1Reg. 15 substituted (1.5.2022) by The Further Education Loans (Amendment) Regulations 2022 (S.I. 2022/354), regs. 1(1), 5
[F2Amount of the fee loanE+W
16.—(1) The amount of a fee loan in respect of a further education course beginning before 1st August 2015 must not exceed the lesser of—
(a)the maximum level of public funding in connection with that further education course, or
(b)the amount which the institution is charging the eligible student for the further education course.
(2) The amount of a fee loan in respect of a further education course beginning [F3in the period beginning on 1st August 2015 and ending on 31st July 2016] must not exceed the lesser of—
(a)the maximum loan amount available in connection with that further education course as contained in the document published by the Skills Funding Agency on 5th February 2015 entitled “Funding rates for 24+ Advanced Learning Loans designated qualifications 2015 to 2016, Version 1” , or
(b)the amount which the institution is charging the eligible student for the further education course.]
[F4(3) The amount of a fee loan in respect of a further education course beginning in the period beginning on 1st August 2016 and ending on 31st July 2017 must not exceed the lesser of—
(a)the maximum loan amount available in connection with that further education course as contained in the document published by the Skills Funding Agency on 17th February 2016 entitled “Maximum Loan Amounts for Advanced Learner Loans designated qualifications 2016 to 2017, Version 1”, or
(b)the amount which the institution is charging the eligible student for the further education course.]
[F5(4) The amount of a fee loan in respect of a further education course beginning in the period beginning on 1st August 2017 and ending on 31st July 2018 must not exceed the lesser of—
(a)the maximum loan amount available in connection with that further education course determined in accordance with Schedule 3, or
(b)the amount which the institution is charging the eligible student for the further education course.]
[F6(5) The amount of a fee loan in respect of a further education course beginning on or after 1st August 2018 must not exceed the lesser of—
(a)the maximum loan amount available in connection with that further education course determined in accordance with Schedule 3, or
(b)the amount which the institution is charging the eligible student for the further education course.]
Textual Amendments
F2Reg. 16 substituted (30.3.2015) by The Further Education Loans (Amendment) Regulations 2015 (S.I. 2015/181), regs. 1, 4
F3Words in reg. 16(2) substituted (1.4.2016) by The Further Education Loans (Amendment) Regulations 2016 (S.I. 2016/238), regs. 1, 8(2)
F4Reg. 16(3) inserted (1.4.2016) by The Further Education Loans (Amendment) Regulations 2016 (S.I. 2016/238), regs. 1, 8(3)
F5Reg. 16(4) inserted (1.4.2017) by The Further Education Loans (Amendment) Regulations 2017 (S.I. 2017/336), regs. 1, 3
F6Reg. 16(5) inserted (1.4.2018) by The Further Education Loans (Amendment) Regulations 2018 (S.I. 2018/182), regs. 1, 4(2)
17. A fee loan must be for an amount no less than £300.
Amount of fee loan for transferring studentsE+W
18.—(1) If a student’s status as an eligible student is transferred from one further education course to another under regulation 8 F7... and the circumstances in paragraph (2) apply, the student may apply to the Secretary of State to borrow an additional amount by way of a fee loan in respect of the further education course to which that student transfers.
(2) The circumstances are that the fees payable in respect of the further education course to which the student transfers exceed the fees payable in respect of the course from which the student is transferring.
(3) If a student’s status as an eligible student is transferred from one course to another under [F8regulation 8 and the circumstances in paragraph (4) apply, the Secretary of State must reduce the amount of the fee loan to which the student is entitled in respect of the course to which the eligible student has transferred].
(4) The circumstances are that the fees payable in respect of the course to which the student transfers are lower than the fees payable in respect of the course from which the student is transferring.
Textual Amendments
F7Words in reg. 18(1) omitted (1.5.2022) by virtue of The Further Education Loans (Amendment) Regulations 2022 (S.I. 2022/354), regs. 1(1), 6(a)
F8Words in reg. 18(3) substituted (1.5.2022) by The Further Education Loans (Amendment) Regulations 2022 (S.I. 2022/354), regs. 1(1), 6(b)
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