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The Education (Student Support) (Amendment) Regulations 2014

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EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Education (Student Support) Regulations 2011 (S.I. 2011/1986) (“the 2011 Regulations”).

The provisions mentioned in regulation 1(2) of these Regulations come into force on 7th November 2014. However, regulation 1(3) provides that regulation 3(a) does not apply in relation to students who begin their course before 7th November 2014 and who has been awarded disabled students’ allowance for a designated full-time, distance learning, part-time or postgraduate course in relation to an academic year beginning before that date.

Regulation 1(4) provides that all other provisions of these Regulations come into force on 7th November 2014 and apply in relation to an academic year which begins on or after 1st September 2015. However, regulation 1(5) provides that regulations 9, 10, 14, 18(a), (c) and (d), 19, 21 and 22 do not apply in relation to students who begin their course before 1st August 2015 and who are awarded disabled students’ allowance (for a designated full-time, distance learning, part-time or postgraduate course) in relation to an academic year beginning before that date.

Regulation 3(a) inserts a new definition of “disability” which cross-refers to the definition in section 6 of the Equality Act 2010. Regulation 3(b) amends the definition of “ordinary duration” to make clear that the definition includes any course irrespective of the mode of study. Regulation 3(c) makes a consequential amendment to the definition of “standard student”.

Regulation 4(a) and (c) amends regulation 5(1)(d) and 5(7) of the 2011 Regulations to make clear that for a full-time course to be designated it must for the most part be provided in the United Kingdom. Regulations 15(a) and (c) and 20 make similar provision in relation to the designation of part-time and postgraduate courses.

Regulations 4(b)(i) and 15(b)(i) each remove a reference to paragraph 6 of Schedule 2 to the 2011 Regulations which is obsolete. Regulation 4(b)(ii) amends regulation 5(1)(e) to require that the teaching and supervision on certain full-time courses is approved by the awarding body as a condition of designation. Regulation 15(b)(ii) makes similar provision in relation to the designation of part-time courses.

Regulations 5(a), (b)(ii) and (c)(ii) amend regulation 12 of the 2011 Regulations to make clear that the definition of “previous course” includes all distance learning courses. Regulation 5(b)(i) and (c)(i) amend the same provision of the 2011 Regulations to make clear that the conditions in paragraph (2)(b) and (3)(b) refer to a “statutory award” within the meaning of the 2011 Regulations.

Regulation 6 amends regulation 13 of the 2011 Regulations to insert a new paragraph (3A) which provides that students who meet certain conditions qualify for fee support when they would otherwise be prevented from doing so because the course leads to a qualification of an equivalent or lower level to the one they already hold. To qualify the student must have been notified in writing that they qualify for fee support having provided complete and accurate information as to the qualifications which they hold.

Regulation 7(a) amends regulation 19 of the 2011 Regulations to make provision as to the entitlement to fee support of a student who qualifies for that support by virtue of new paragraph (3A) of regulation 13. New paragraph (3A) of regulation 19 provides that a student qualifies for a fee loan in accordance with new paragraphs (3B) to (3D) where the Secretary of State determines that the conditions in regulation 13(3A) are met. Regulations 12, 13, 16 and 17 make similar amendments in relation to loans for living costs and support for designated distance learning courses and part-time courses as are made by regulations 6 and 7(a).

Regulation 7(b) inserts new paragraphs (9A) to (9D) in regulation 19 of the 2011 Regulations. New paragraph (9A) provides that in addition to their standard entitlement, a student will qualify for fee support for an academic year in accordance with new paragraphs (9B) to (9D) where certain conditions apply. The student must fall within regulation 21 or 22 and have been notified in writing that he or she qualifies for support in respect of an academic year of a course having provided complete and accurate information in relation to all courses undertaken and qualifications held.

Regulation 8 amends regulation 38 of the 2011 Regulations to make clear that unpaid service includes unpaid service with either House of Parliament.

Regulation 9 substitutes a new regulation 40 and 40A for regulation 40 of the 2011 Regulations. New regulation 40 makes provision as to when a student qualifies for disabled students’ allowance. New regulation 40A confers a power on the Secretary of State to pay disabled students’ allowance to students who qualify for that grant for the purpose of assisting with the additional expenditure which a disabled student is obliged to incur to undertake a designated course by reason of their disability. Regulations 14(a) and (b), 18(a) and (c), 19 and 21 make similar amendments in relation to students undertaking designated distance learning, part-time and postgraduate courses.

Regulation 10 amends regulation 41 of the 2011 Regulations to provide that DSA is only available in respect of expenditure on a computer insofar as it exceeds £200. Regulation 14(c), 18(d) and 22 of these Regulations make similar amendments in relation to students undertaking designated distance learning, part-time and postgraduate courses.

Regulation 11 amends regulation 45 of the 2011 Regulations to ensure that a student is not able to claim childcare grant where the student’s partner has elected to receive financial support for childcare under the NHS bursary scheme.

Regulation 17 amends regulation 144 of the 2011 Regulations to insert a new paragraph (7) which provides that students who meet certain conditions qualify for support in respect of a part-time course when they would otherwise be prevented from doing so because the course leads to an equivalent or lower qualification. The conditions are that the student begins the course on or after 1st August 2015, that the course is in engineering, technology or computer science and that it leads to an honours degree qualification. Regulation 17 also makes similar amendments to regulation 144 of the 2011 Regulations as are made by regulations 6 and 7(a) of these Regulations.

Regulation 18(b) corrects an erroneous cross-reference in regulation 147(2)(c) of the 2011 Regulations.

Regulation 23 and the Schedule to these Regulations increase the amount of fee loan, adult dependants’ grant, childcare grant, parents’ learning allowance, loan for living costs and long courses loan for eligible students on designated courses.

An impact assessment has not been produced for this instrument as it has no impact on the costs of business, charities or the voluntary sector. The impact on the public sector is minimal. The Explanatory Memorandum is published alongside the Regulations on www.legislation.gov.uk.

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