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The Education (Postgraduate Master's Degree Loans) Regulations 2016

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Point in time view as at 23/12/2021.

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CHAPTER 4U.K.

Amount of the postgraduate master's degree loanU.K.

12.—(1) Subject to paragraph (2), a person may apply for a postgraduate master's degree loan of up to [F1£11,836 ] towards the costs of undertaking a designated course.

(2) An applicant whom the Secretary of State would consider to be an eligible prisoner may apply for a postgraduate master's degree loan to cover the whole or part of the fees of the designated course (but not towards other costs), but such postgraduate master's degree loan cannot be of more than [F2£11,836.]

(3) An eligible student may apply to the Secretary of State to amend the amount of postgraduate master's degree loan for which the student has applied, provided that—

(a)the maximum postgraduate master's degree loan amount set out in paragraphs (1) and (2) is not exceeded;

(b)such application is made in accordance with [F3regulation 10(1)].

(4) If the Secretary of State under regulation 9(2) has determined that the applicant is an eligible student, the Secretary of State must pay the amount the eligible student has applied for in accordance with regulation 13, provided that the amount applied for is in accordance with paragraphs (1) and (2).

Textual Amendments

F1Sum in Reg. 12(1) substituted (with application in accordance with reg. 1(3)(i) 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), 48

F2Sum in Reg. 12(2) substituted (with application in accordance with reg. 1(3)(i) 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), 48

Payment of postgraduate master's degree loansU.K.

13.—(1) The Secretary of State may pay the postgraduate master's degree loan for which a student qualifies under this Part—

(a)either as a lump sum or by instalments; and

(b)at such times, and in such manner, as the Secretary of State considers appropriate.

(2) The Secretary of State may make it a condition of entitlement to payment that the eligible student must provide the Secretary of State with particulars of a bank or building society account in the United Kingdom into which payments may be made by electronic transfer.

(3) In the case of an eligible prisoner, the Secretary of State must pay the postgraduate master's degree loan for which an eligible prisoner qualifies to the institution to which the eligible prisoner is liable to make payment for the fees or to such third party that the Secretary of State considers appropriate for the purpose of ensuring the payment of the fees to the relevant institution.

[F4(4) The Secretary of State must not, in any academic year, pay the whole or part of the postgraduate master's degree loan in respect of a particular student until the Secretary of State has received from the academic authority confirmation (in such form as may be required by the Secretary of State) in respect of that academic year that the student is in attendance or is undertaking the designated course.]

[F5(5) The academic authority must forthwith inform the Secretary of State and provide the Secretary of State with particulars if—

[F6(a)the student withdraws from or abandons their course;

(aa)the student is expelled from their course;

(ab)the student is absent from their course for more than 60 days due to illness;

(ac)the student is suspended from their course (whether at the student’s request or not); or]

(b)the student is required to repeat a module or a similar unit of work.]

Textual Amendments

Provision of United Kingdom national insurance numberU.K.

14.—(1) The Secretary of State may make it a condition of entitlement to payment of the whole or part of the postgraduate master's degree loan that the eligible student must provide the Secretary of State with the student's United Kingdom national insurance number.

(2) Where the Secretary of State has imposed a condition under paragraph (1), the Secretary of State must not make payment of the whole or part of the postgraduate master's degree loan to the eligible student before the Secretary of State is satisfied that the student has complied with that condition.

(3) Despite paragraph (2), the Secretary of State may make payment of the whole or part of the postgraduate master's degree loan to an eligible student if the Secretary of State is satisfied that owing to exceptional circumstances it would be appropriate to make such a payment without the eligible or qualifying student having complied with the condition imposed under paragraph (1).

Absence from[F7, or repetition of parts of,] courseU.K.

15.—[F8(1) Subject to paragraphs (2) to (6), if the Secretary of State receives a notice under regulation 13(5)(a) or (b) or paragraph (2)(a) to (c) of Schedule 2 of an eligible student’s—

(a)lack of attendance on the designated course; or

(b)need to repeat a module or similar unit of work,

the Secretary of State may not make any further payment of the postgraduate master’s degree loan.]

(2) Further payments may be made despite the [F9Secretary of State receiving a notice referred to in paragraph (1)] if, in the opinion of the Secretary of State, those payments would be appropriate in all the circumstances F10....

(3) If the eligible student recommences the course the student must inform the Secretary of State and give full details of the length and cause of the preceding absence.

(4) After considering the student's notification [F11under paragraph (3)], the Secretary of State must recommence further payments of the postgraduate master's loan under regulation 13 if, in the opinion of the Secretary of State, it would be appropriate in all the circumstances for such payment to be made.

[F12(5) The academic authority must inform the Secretary of State if the eligible student—

(a)completes the module or unit of work; or

(b)is no longer required to complete the module or unit of work.

(6) After considering the information given under paragraph (5), the Secretary of State must recommence further payments of the postgraduate master’s degree loan under regulation 13.]

Textual Amendments

Effect of becoming, or ceasing to be, an eligible prisonerU.K.

16.—(1) Paragraph (2) applies where an eligible student who is in receipt of a postgraduate master's degree loan becomes an eligible prisoner and continues to undertake a designated course.

(2) The Secretary of State must—

(a)adjust future payment of the postgraduate master's degree loan or future payments of instalments of the postgraduate master's degree loan, so that the total of the postgraduate master's degree loan awarded complies with the maximum postgraduate master's degree loan amount the student, as an eligible prisoner, is entitled to under regulation 12(2); and

(b)pay any remaining sum of the postgraduate master's degree loan, or any future instalments of the postgraduate master's degree loan, in accordance with regulation 13(3).

(3) Paragraphs (4) to (6) apply where an eligible prisoner who is in receipt of a postgraduate master's degree loan ceases to be an eligible prisoner and remains an eligible student, and continues to undertake a designated course.

(4) The Secretary of State must pay the remaining sum or the postgraduate master's degree loan, or future instalments of the postgraduate master's degree loan, in accordance with regulation 13(1).

(5) Where an eligible student (“A”) ceases to be an eligible prisoner and would have qualified for a higher amount of postgraduate master's degree loan had A not been an eligible prisoner when A's loan application was originally determined in accordance with these Regulations, A may apply for the amount of loan to be increased.

(6) The maximum amount of the increase in A's postgraduate master's degree loan for which A may apply under paragraph (5) is the amount which is calculated by reference to the following formula—

where—

F equals the amount which A would have qualified for if A had not been an eligible prisoner;

R equals the amount which A qualifies for as an eligible prisoner;

T is the number of days of the course which remain when A ceases to be an eligible prisoner beginning with the day after the day on which A ceases to be an eligible prisoner; and

M is the total number of days of the duration of the course.

Overpayments of a postgraduate master's degree loanU.K.

17.—(1) Any overpayment of a postgraduate master's degree loan is recoverable by the Secretary of State from—

(a)the institution or third party which received the monies of the postgraduate master's degree loan where payment was made to such an institution or third party; or

(b)the student who received the postgraduate master's degree loan.

(2) A student must, if so required by the Secretary of State, repay any amount of the postgraduate master's degree loan paid in respect of a student which for whatever reason exceeds the amount of loan to which the student is entitled.

(3) An overpayment of a postgraduate master's degree loan may be recovered from a student under paragraph (1)(b) in whichever one or more of the following ways the Secretary of State considers appropriate in all the circumstances—

(a)by subtracting the overpayment from any amount of the postgraduate master's degree loan which remains to be paid;

(b)by subtracting the overpayment from any kind of grant or loan payable to the student from time to time pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act;

(c)by requiring the student to repay the postgraduate master's degree loan in accordance [F13with regulations made under section 22 of the 1998 Act]; or

(d)by taking such other action for the recovery of an overpayment as is available to the Secretary of State.

Textual Amendments

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