The Education (Student Support) (Amendment) (No. 2) Regulations 2018
Citation, commencement and application1.
(1)
These Regulations may be cited as the Education (Student Support) (Amendment) (No. 2) Regulations 2018.
(2)
These Regulations—
(a)
come into force on 29th March 2018; and
(b)
apply in relation to the provision of support to students —
(i)
in relation to an academic year which begins on or after 1st August 2018, whether they have made an application for support before, on, or after that date; and
(ii)
(3)
In paragraph (2), “academic year” means the period of twelve months beginning with 1st January, 1st April, 1st July or 1st September of the calendar year in which the academic year of the course in question begins according to whether the academic year begins, respectively—
(a)
on or after 1st January and before 1st April;
(b)
on or after 1st April and before 1st July;
(c)
on or after 1st July and before 1st August; or
(d)
on or after 1st August and on or before 31st December.
Amendment of the Education (Student Support) Regulations 20112.
Amendment of regulation 23.
(1)
Regulation 2 (interpretation) is amended as follows.
(2)
In paragraph (1)—
(a)
(b)
““dental profession subject” means dental hygiene, dental therapy and dental hygiene and dental therapy;”;
(c)
““postgraduate pre-registration course” means an education and training programme leading to a graduate master’s degree or a postgraduate diploma which is a condition of inclusion in the register (or, as the case may be, the relevant part or parts of the register) maintained by—
(a)
the Health and Care Professions Council5, for allied health profession subjects other than dental profession subjects; or(b)
the Nursing and Midwifery Council6, for midwifery or nursing;”;
(d)
““pre-registration course” means an education and training programme leading to a qualification, the standard of which is not higher than a first degree course, which is a condition of inclusion in the register (or, as the case may be, the relevant part or parts of the register) maintained by—
(a)
the Health and Care Professions Council, for operating department practice and allied health profession subjects, other than dental profession subjects;
(b)
the Nursing and Midwifery Council, for midwifery or nursing;
(c)
the General Dental Council8, for dental profession subjects;(d)
the Health and Care Professions Council and the Nursing and Midwifery Council, for nursing and social work;”.
Amendment of regulation 44.
(1)
(2)
“(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.”.
(3)
“(7A)
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 201610 and is receiving support under those Regulations for that course.”.
Amendment of regulation 55.
(1)
(2)
In paragraph (1)—
(a)
in the opening words, after “paragraphs”, insert “(2A),”;
(b)
in sub-paragraph (c), at the end, insert “, or, in the case of a postgraduate pre-registration course, of at least two academic years’ duration”.
(3)
“(2A)
A postgraduate pre-registration course is not a designated course if it is a distance learning course.”.
Amendment of regulation 126.
(1)
(2)
In paragraph (4A)—
(a)
in the opening words, after “is not”, insert “to be”;
(b)
“(b)
leads to—
(i)
an ordinary degree or an honours degree;
(ii)
in respect of a course in a dental profession subject, an ordinary degree, an honours degree, a diploma or a foundation degree; or
(iii)
in respect of a course in operating department practice, an ordinary degree, an honours degree or a diploma;”;
(c)
in sub-paragraph (c), at the end, insert “or, in the case of a course in a dental profession subject, begins on or after 1st August 2018”.
(3)
“(4B)
A course which would otherwise be a previous course is not to be treated as such if the current course is a postgraduate pre-registration course which begins on or after 1st August 2018.”.
(4)
In paragraph (12), after “is only”, insert “to be”.
Amendment of regulation 137.
(1)
(2)
In paragraph (2A)—
(a)
“(b)
leads to—
(i)
an ordinary degree or an honours degree;
(ii)
in respect of a course in a dental profession subject, an ordinary degree, an honours degree, a diploma or a foundation degree; or
(iii)
in respect of a course in operating department practice, an ordinary degree, an honours degree or a diploma;”;
(b)
in sub-paragraph (c), at the end, insert “or, in the case of a course in a dental profession subject, begins on or after 1st August 2018”.
(3)
“(2B)
Paragraph (1) does not apply where the current course is a postgraduate pre-registration course which begins on or after 1st August 2018.”.
Amendment of regulation 698.
(1)
(2)
In paragraph (2)—
(a)
in sub-paragraph (e)—
(i)
“(ii)
leads to—
(aa)
an ordinary degree or an honours degree;
(bb)
in respect of a course in a dental profession subject, an ordinary degree, an honours degree, a diploma or a foundation degree; or
(cc)
in respect of a course in operating department practice, an ordinary degree, an honours degree or a diploma;”;
(ii)
at the end of paragraph (iii), insert “or, in the case of a course in a dental profession subject, begins on or after 1st August 2018”;
(b)
“(f)
the designated course is a postgraduate pre-registration course which begins on or after 1st August 2018.”.
Amendment of regulation 819.
“(7)
For the purposes of calculating the maximum amount of the long courses loan, a student’s attendance on a pre-registration course or a postgraduate pre-registration course includes any time the student is required to spend, as part of that course, undertaking clinical training at a hospital or other premises.”.
Amendment of regulation 13710.
“(3A)
A person (“A”) is not an eligible part-time student in connection with a 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.”.
Amendment of regulation 13911.
“(5A)
A postgraduate pre-registration course is not a designated part-time course.”.
Amendment of regulation 14412.
(1)
(2)
In paragraph (7B)—
(a)
“(ii)
leads to—
(aa)
an ordinary degree or an honours degree;
(bb)
in respect of a course in a dental profession subject, an ordinary degree, an honours degree, a diploma or a foundation degree; or
(cc)
in respect of a course in operating department practice, an ordinary degree, an honours degree or a diploma;”;
(b)
at the end of sub-paragraph (b), insert “or, in the case of a course in a dental profession subject, begins on or after 1st August 2018”.
Amendment of regulation 16113.
“(3A)
A postgraduate pre-registration course is not a designated postgraduate course.”.
Amendment of Schedule 214.
“9.
A postgraduate pre-registration course.”.
These Regulations amend the Education (Student Support) Regulations 2011 (S.I. 2011/1986) (“the Student Support Regulations”) to ensure that new eligible students starting pre-registration courses in dental profession subjects or postgraduate pre-registration courses from 1st August 2018 onwards may receive support under those Regulations.
The Education (Student Support) (Amendment) Regulations 2018 (S.I. 2018/136) (the “Amendment Regulations”) were laid on 6th February 2018 and came into force on 27th February 2018. The Amendment Regulations made the same amendments to the Student Support Regulations as these Regulations. However, the Amendment Regulations were revoked by way of the Education (Student Support) (Revocation, Amendment and Saving Provision) Regulations 2018 (S.I. 2018/434) (the “Revocation, Amendment and Saving Provision Regulations”) which were laid on 27th March 2018 and came into force on 28th March 2018. The Revocation, Amendment and Saving Provision Regulations included a saving provision for persons who had already made an application for support in respect of a dental profession subject or postgraduate pre-registration course, and whose applications had been received by the Secretary of State by the time those Regulations came into force. These Regulations apply to students not caught by the Revocation, Amendment and Saving Provision Regulations. Students falling under the saved provisions of the Amendment Regulations and falling under amendments made by these Regulations will be assessed according to the same rules.
The principal amendments which these Regulations make to the Student Support Regulations are as follows.
Regulation 3 amends the definition of “allied health profession subject” in regulation 2 of the Student Support Regulations to include dental profession subjects: dental hygiene, dental therapy and dental hygiene and dental therapy. Regulation 3 also amends the definition of “pre-registration course” in regulation 2 of the Student Support Regulations to include a reference to dental profession subjects and the General Dental Council. A course in a dental profession subject may be undertaken as a pre-registration course but not as a postgraduate pre-registration course. Regulation 3 inserts into regulation 2 of the Student Support Regulations a definition of a “postgraduate pre-registration course”.
Regulation 4 amends regulation 4 of the Student Support Regulations to provide that a person cannot be an eligible student in connection with a pre-registration course or a postgraduate pre-registration course if that person is already registered in respect of the profession to which the course leads. Regulation 4 also amends regulation 4 of the Student Support Regulations to provide that a person cannot be an eligible student in connection with a postgraduate pre-registration course unless that person begins the course on or after 1st August 2018 or transfers from a postgraduate pre-registration course starting before 1st August 2018 in certain specified circumstances.
In addition, a person who has received support under Part 4, 5 or 6 of the Student Support Regulations in connection with a previous postgraduate pre-registration course where the person has achieved a qualification cannot be an eligible student in connection with a second postgraduate pre-registration course. Nevertheless, if that person has a disability, they may be eligible to receive a disabled students’ allowance under Part 12 of the Student Support Regulations.
Regulation 6 amends regulation 12 of the Student Support Regulations so that years of study on previous courses are disregarded when calculating fee loan entitlement for a current full-time pre-registration undergraduate course in a dental profession subject beginning on or after 1st August 2018 or a current full-time postgraduate pre-registration course beginning on or after that date.
Regulations 7 and 8 amend, respectively, regulations 13 and 69 of the Student Support Regulations so that students may qualify for support for a full-time undergraduate pre-registration course in a dental profession subject beginning on or after 1st August 2018, or a full-time postgraduate pre-registration course beginning on or after that date, even if they hold a previous qualification that is equivalent or higher in level than their current course.
Regulation 9 amends regulation 81 of the Student Support Regulations to clarify that time spent undertaking clinical training on a full-time pre-registration course or a postgraduate pre-registration course beginning on or after 1st August 2018 is to be taken into account when calculating the amount of long courses loans.
Regulation 10 amends regulation 137 of the Student Support Regulations to provide that a person cannot be an eligible part-time student in connection with a pre-registration course if that person is already registered in respect of the profession to which the course leads.
Regulation 11 amends regulation 139 of the Student Support Regulations to provide that a postgraduate pre-registration course is not a designated part-time course.
Regulation 12 amends regulation 144 of the Student Support Regulations so that students may qualify for support for a part-time undergraduate pre-registration course in a dental profession subject beginning on or after 1st August 2018 even if they hold a previous qualification that is equivalent or higher in level than their current course.
Regulation 13 amends regulation 161 of the Student Support Regulations to provide that a postgraduate pre-registration course is not a designated postgraduate course.
The amendment made by regulation 14 to Schedule 2 to the Student Support Regulations ensures that postgraduate pre-registration courses may be designated courses for the purposes of section 22 of the Teaching and Higher Education Act 1998.
The Explanatory Memorandum to these Regulations sets out how to obtain hard copies of the registers mentioned in regulation 3.
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.