The Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 2018

PART 1 E+W

CHAPTER 1 E+W

Citation, commencement and application E+W

1.—(1) These Regulations may be cited as the Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 2018 and come into force on 11th June 2018.

(2) Part 1 of these Regulations applies in relation to England only.

(3) Parts 1 and 2 of these Regulations apply in relation to the provision of a loan to students in relation to a postgraduate doctoral degree course which begins on or after 1st August 2018 whether anything done under these Regulations is done before, on or after 1st August 2018.

(4) Regulation 60(3) does not apply in relation to an applicant who, before the date on which these Regulations come into force, makes an application under the Education (Postgraduate Master's Degree Loans) Regulations 2016 M1 for support in relation to an academic year which begins on or after 1st August 2018.

Marginal Citations

M1 S.I. 2016/606, amended by S.I. 2017/594, S.I. 2017/831, S.I. 2017/837, S.I. 2018/137.

Interpretation E+W

2.—(1) For the purposes of Part 1—

“the 1998 Act” means the Teaching and Higher Education Act 1998;

[F1 “the 2017 Act” means the Higher Education and Research Act 2017;]

“the 2016 Master's Degree Regulations” means the Education (Postgraduate Master's Degree Loans) Regulations 2016;

[F2 “the 2020 Citizens’ Rights Regulations” means the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020;]

“academic authority” means, in relation to an institution, the governing body or other body having the functions of a governing body and includes a person acting with the authority of that body;

“academic year” means the period of twelve months beginning on 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 that academic year begins on or after 1st January and before 1st April, on or after 1st April and before 1st July, on or after 1st July and before 1st August or on or after 1st August and on or before 31st December, respectively;

“authority-funded” means—

(a)

F3 ...

(b)

in relation to educational institutions in Wales, maintained or assisted by recurrent grants from the Higher Education Funding Council for Wales M2 ;

(c)

in relation to educational institutions in Scotland, maintained or assisted by recurrent grants from the Scottish Funding Council; and

(d)

in relation to educational institutions in Northern Ireland, maintained or assisted by recurrent grants from the Department for the Economy in Northern Ireland or the Department of Agriculture, Environment and Rural Affairs in Northern Ireland;

“course” means a taught programme of study, a programme of research, or a combination of both, and which may include one or more periods of work experience, and which leads, on successful completion, to the award of a postgraduate doctoral degree but not –

(a)

a higher doctorate; or

(b)

a doctorate by publication;

“designated course” means a course designated by or under regulation 4;

“Directive 2004/38” means Directive 2004/38 of the European Parliament and of the Council of 29th April 2004 M3 on the rights of citizens of the Union and their family members to move and reside freely in the territory of the Member States;

“distance learning course” means a course on which a student undertaking the course is not required to be in attendance by the institution providing the course, where “required to be in attendance” is not satisfied by a requirement imposed by the institution to attend any institution—

(a)

for the purposes of registration or enrolment or any examination;

(b)

on a weekend or during any vacation; or

(c)

on an occasional basis during the week;

“electronic signature” is so much of anything in electronic form as—

(a)

is incorporated into or otherwise logically associated with any electronic communication or electronic data; and

(b)

purports to be so incorporated or associated for the purpose of being used in establishing the authenticity of the communication or data, the integrity of the communication or data, or both;

“eligible prisoner” means a prisoner—

(a)

who is serving a sentence of imprisonment in the United Kingdom;

(b)

has been authorised by the prison Governor or Director or other appropriate authority to study the designated course; and

(c)

whose earliest release date is within 8 years of the first day of the first academic year of the designated course;

“eligible student” has the meaning given in regulation 3;

[F4 “English higher education provider” has the meaning given by section 83(1) of the 2017 Act;]

“equivalent or higher qualification” means a qualification determined in accordance with paragraph (2) to be an equivalent or higher qualification;

“EU national” means a national of a Member State of the EU;

“fees” has the meaning given in [F5 section 85(2) of the 2017 Act] M4 ;

[F6 “grace period” has the meaning given by regulation 3 of the 2020 Citizens’ Rights Regulations;]

“healthcare bursary” means a bursary or award of similar description under section 63 of the Health Services and Public Health Act 1968 M5 or Article 44 of the Health and Personal Social Services (Northern Ireland) Order 1972 M6 ;

“information” includes documents;

[F7 “institution” in relation to England includes an English higher education provider as defined by section 83(1) of the 2017 Act;]

“Islands” means the Channel Islands and the Isle of Man;

[F8 “OfS” means the Office for Students, as established by section 1(1) of the 2017 Act;]

“period of eligibility” has the meaning given in regulation 5 in relation to an eligible student;

“periods of work experience” means—

(a)

periods of industrial, professional or commercial experience associated with the designated course at an institution, but at a place outside that institution;

(b)

periods during which a student is employed and residing in a country whose language is one that the student is studying for that student's designated course (provided that the period of residence in that country is a requirement of that student's course and the study of one or more modern languages accounts for not less than one half of the total time spent studying on the course);

[F9 “person granted Calais leave” means a person who—

(a)

has extant leave to remain in the United Kingdom under paragraph 352J, 352K, 352L or 352T (Calais leave and “leave in line” granted by virtue of being a dependent child of a person granted Calais leave) of the immigration rules, as defined in section 33(1) of the Immigration Act 1971; and

(b)

has been ordinarily resident in the United Kingdom and Islands since the person was first granted such leave;]

“person granted humanitarian protection” means a person—

(a)

who, on the grounds of humanitarian protection, has been granted leave to remain under the immigration rules as defined in section 33(1) of the Immigration Act 1971 M7 ;

(b)

whose leave to remain is extant, or in respect of whose leave to remain an appeal is pending (within section 104 of the Nationality, Immigration and Asylum Act 2002 M8 ) ; and

(c)

who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave to remain;

[F10 “person granted indefinite leave to remain as a bereaved partner” means a person—

(a)

granted indefinite leave to remain in the United Kingdom under any of the following provisions of the immigration rules, as defined in section 33(1) of the Immigration Act 1971—

(i)

paragraph 288, as a person in relation to whom the requirements in paragraph 287(b) of those rules are met (bereaved partners);

(ii)

paragraph 295N, as a person in relation to whom the requirements in paragraph 295M of those rules are met (bereaved partners);

(iii)

paragraph D-BPILR.1.1 of Appendix FM (bereaved partners); or

(iv)

paragraph 36 of Appendix Armed Forces (bereaved partner of a member of HM Forces); and

(b)

who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave;]

[F11 “person granted indefinite leave to remain as a victim of domestic violence or domestic abuse” means a person—

(a)

granted indefinite leave to remain in the United Kingdom under any of the following provisions of the immigration rules, as defined in section 33(1) of the Immigration Act 1971—

(i)

paragraph 289B (victims of domestic violence);

(ii)

paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse); or

(iii)

paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces); and

(b)

who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave;]

[F12 “person granted section 67 leave” means a person who—

(a)

has extant leave to remain as a person granted leave under paragraph 352ZG of the immigration rules, having been relocated to the United Kingdom pursuant to arrangements made by the Secretary of State under section 67 of the Immigration Act 2016, or a dependent child of such a person who has been granted “leave in line” under paragraph 352ZO of those rules; and

(b)

has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course;]

“person granted stateless leave” means a person who—

(a)

has extant leave to remain as a stateless person under the immigration rules (within the meaning given in section 33(1) of the Immigration Act 1971); and

(b)

has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave.

[F13 “person with protected rights” means—

(a)

a person within the personal scope of the citizens’ rights provisions who—

(i)

has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules;

(ii)

is an Irish citizen who, pursuant to section 3ZA of the Immigration Act 1971, does not require leave to enter or remain in the United Kingdom;

(iii)

is a relevant person for the purposes of regulation 3 of the 2020 Citizens’ Rights Regulations where the grace period has not ended; or

(iv)

is an applicant for the purposes of regulation 4 of the 2020 Citizens’ Rights Regulations where the relevant period has not expired; or

(b)

a family member of a relevant person of Northern Ireland for the purposes of residence scheme immigration rules, where that family member has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules;]

“postgraduate doctoral degree loan” means a loan made by the Secretary of State pursuant to these Regulations, and includes the interest accrued on the loan, and any penalties or charges incurred in connection with it, except for interest, penalties or charges payable under Part 3 or 4 of the Education (Student Loans) (Repayment) Regulations 2009 M9 ;

“prisoner” includes a person detained in a young offender institution;

“private institution” means an institution which is not publicly funded;

“public funds” means moneys provided by Parliament or by a government authority outside the United Kingdom;

“publicly funded”, unless otherwise indicated, means maintained or assisted by recurrent grants out of public funds and related expressions are to be interpreted accordingly;

“refugee” means a person who is recognised by Her Majesty's government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28th July 1951 M10 as extended by the Protocol thereto which entered into force on 4th October 1967 M11 ;

[F14 “register” means the register established and maintained by the OfS under section 3 of the 2017 Act;]

[F15 “registered provider” in relation to an institution means an English higher education provider which is registered in the register and “unregistered provider” is to be construed accordingly;]

[F16 “relevant period” has the meaning given by regulation 4 of the 2020 Citizens’ Rights Regulations;]

[F16 “relevant person of Northern Ireland” has the meaning given by residence scheme immigration rules;]

[F16 “residence scheme immigration rules” has the meaning given by section 17(1) of the European Union (Withdrawal Agreement) Act 2020;]

F17 ...

“student loans legislation” means the 2016 Master's Degree Regulations, the student support regulations, the Education (Student Loans) Act 1990 M12 , the Education (Student Loans) (Northern Ireland) Order 1990 M13 , the Education (Scotland) Act 1980 M14 and regulations made under those Acts or that Order, the Education (Student Support) (Northern Ireland) Order 1998 M15 and regulations made under that Order, or the 1998 Act and regulations made under that Act;

“student support regulations” means the Education (Student Support) Regulations 2011 M16 ;

[F18 “Swiss citizens’ rights agreement” has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;]

“Turkish worker” means a Turkish national who—

(a)

is ordinarily resident in the United Kingdom and Islands; and

(b)

is, or has been, lawfully employed in the United Kingdom;

“UKRI” means United Kingdom Research and Innovation;

[F19 “Welsh designated doctoral degree course” means a postgraduate doctoral degree course substantially provided in Wales and designated under regulation 4(5) of the Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 2018 for the purposes of regulation 3 of those Regulations and section 22 of the 1998 Act.]

[F20 (1A) For the purpose of the meaning of “Welsh designated doctoral degree course”, a course is substantially provided in Wales if at least half of the teaching and supervision which comprise the course is provided in Wales.]

(2) The Secretary of State may determine that a qualification is an equivalent or higher qualification if—

(a) an eligible student holds a higher education qualification from any institution whether or not in the United Kingdom; and

(b) the qualification referred to in sub-paragraph (a) is a postgraduate doctoral degree from an institution in the United Kingdom or is of an academic level which, in the opinion of the Secretary of State, is equivalent to or higher than a qualification to which the designated course leads.

[F21 (3) For the purposes of these Regulations, a person is within the personal scope of the citizens’ rights provisions if that person falls within—

(a) Article 10 (personal scope) of the EU withdrawal agreement;

(b) Article 9 (personal scope) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020); or

(c) Article 10 (personal scope) of the Swiss citizens’ rights agreement.]

Textual Amendments

F1 Words in reg. 2(1) inserted (21.2.2019) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 48(a) (with reg. 1(2)(5))

F2 Words in reg. 2(1) inserted (1.3.2021) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 (S.I. 2021/127), regs. 1(1), 63(a)(i)

F3 Words in reg. 2(1) omitted (21.2.2019) by virtue of The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 48(b) (with reg. 1(2)(5))

F4 Words in reg. 2(1) inserted (21.2.2019) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 48(c) (with reg. 1(2)(5))

F5 Words in reg. 2(1) substituted (21.2.2019) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 48(d) (with reg. 1(2)(5))

F6 Words in reg. 2(1) inserted (1.3.2021) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 (S.I. 2021/127), regs. 1(1), 63(a)(ii)

F7 Words in reg. 2(1) inserted (21.2.2019) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 48(e) (with reg. 1(2)(5))

F8 Words in reg. 2(1) inserted (21.2.2019) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 48(f) (with reg. 1(2)(5))

F9 Words in reg. 2(1) inserted (13.2.2020) (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/48), regs. 1(1), 3(7)(a)

F10 Words in reg. 2(1) inserted (with application in accordance with reg. 1(4)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/1203), regs. 1(2), 17(2)

F11 Words in reg. 2(1) inserted (13.2.2020) (with application in accordance with reg. 1(3)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/48), regs. 1(1), 2(7)(a)

F12 Words in reg. 2(1) inserted (21.2.2019) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 48(g) (with reg. 1(2)(5))

F13 Words in reg. 2(1) inserted (1.3.2021) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 (S.I. 2021/127), regs. 1(1), 63(a)(iii)

F14 Words in reg. 2(1) inserted (21.2.2019) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 48(h) (with reg. 1(2)(5))

F15 Words in reg. 2(1) inserted (21.2.2019) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 48(i) (with reg. 1(2)(5))

F16 Words in reg. 2(1) inserted (1.3.2021) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 (S.I. 2021/127), regs. 1(1), 63(a)(iv)

F17 Words in reg. 2(1) omitted (31.12.2020) by virtue of The Education (Student Fees, Awards and Support) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1181), regs. 1(3), 32

F18 Words in reg. 2(1) inserted (1.3.2021) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 (S.I. 2021/127), regs. 1(1), 63(a)(v)

F19 Words in reg. 2(1) inserted (13.2.2020) (with application in accordance with reg. 1(2)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/48), regs. 1(1), 4(3)(a)(i)

F20 Reg. 2(1A) inserted (13.2.2020) (with application in accordance with reg. 1(2)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/48), regs. 1(1), 4(3)(a)(ii)

F21 Reg. 2(3) inserted (1.3.2021) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 (S.I. 2021/127), regs. 1(1), 63(b)

Marginal Citations

M2 Under section 65 of the Further and Higher Education Act 1992 (c.13) the Higher Education Funding Council for Wales (HEFCW) may provide grants to higher education institutions in Wales. Section 65 was amended by Schedule 11 to the Higher Education and Research Act 2017 (c. 29). HEFCW's funding functions were unaffected.

M3 OJ No L158, 30.4.2004, p77-123.

M4 2004 c.8; the definition of fees in section 41(1) was revoked by Schedule 11 to the Higher Education and Research Act 2017 (c.29), but saved by regulation 13 of S.I. 2018/245 for the period beginning with the 1st of April 2018 and ending with the 31st of July 2019.

M5 1968 c.46; section 63 was amended by 1973 (c.32), 1977 (c.49), 1978 (c.29), 1985 (c.51), 1988 (c.49), 1994 (c.39), 1995 (c.17), 1997 (c.46), 1999 (c.8), 2001 (c.15), 2002 (c.17), 2003 (c.43), 2004 (c.31), 2006 (c.43), S.I. 1996/1008, S.I. 2002/2202, S.I. 2002/2469, S.I. 2004/288, S.I. 2004/957, S.I.2006/1056, S.I. 2007/961.

M6 S.I. 1972/1265 (N.I. 14), to which there have been amendments not relevant to these Regulations.

M7 1971 c.77.

M8 2002 c.41; section 104 was amended by the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c.19), sections 9, 26 and Schedule 2 of the Immigration, Asylum and Nationality Act 2006 (c.13), S.R & O 2010/21, section 9 of the Immigration, Asylum and Nationality Act 2006 (c.13), Schedule 9(4) to the Immigration Act 2014 (c.22).

M9 S.I. 2009/470, amended by S.I. 2010/661, S.I. 2010/1010, S.I 2011/784, S.I. 2012/836, S.I. 2012/1309, S.I. 2013/388, S.I. 2013/591, S.I. 2013/607, S.I. 2013/1881, S.I. 2014/651, S.I. 2017/831, S.I. 2018/284.

M10 Cmnd. 9171.

M11 Cmnd. 3906 (out of print).

M12 Repealed by the Teaching and Higher Education Act 1998 (c.30), Schedule 4.

M13 S.I. 1990/1506 (N.I. 11); amended by S.I. 1996/274 (N.I. 1), Article 43 and Schedule 5 Part II, S.I. 1996/1918 (N.I. 15), Article 3 and the Schedule, and S.I. 1998/258 (N.I. 1), Articles 3 to 6 and revoked, with savings, by SR (NI) 1998 No 306.

M14 1980 c.44.

M15 S.I. 1998/1760 (N.I. 14), to which there have been amendments not relevant to these Regulations.

M16 S.I. 2011/1986, amended by S.I. 2012/1653, S.I. 2013/235, S.I. 2013/630, S.I. 2013/1728, S.I. 2013/3106, S.I. 2014/1766, S.I. 2014/2013, S.I. 2014/2765, S.I. 2015/1951, S.I. 2016/27, S.I. 2016/584, S.I. 2017/114, S.I. 2018/136, S.I. 2018/137, S.I. 2018/434, S.I. 2018/443.

CHAPTER 2 E+W

Eligible students E+W

3.—(1) An eligible student qualifies for a postgraduate doctoral degree loan in connection with a designated course subject to and in accordance with these Regulations.

[F22 (2) Subject to the following provisions of this regulation, a person is an eligible student in connection with a designated course if in assessing that person’s application for a postgraduate doctoral degree loan the Secretary of State determines that the person falls within one of the categories set out—

(a) in paragraphs 2, 2A, 3, 4, 5, 5A, 5B, 5C, 5D, 6, 7A, 8A, 9A, 10A, 10B, 10C, 10D, 11A, 12A, 13A and 14 in Part 2 of Schedule 1; or

(b) in paragraphs 7, 8, 9, 10, 11, 12 and 13 in Part 2 of Schedule 1, where paragraph (2A) applies.

(2A) This paragraph applies where—

(a) in connection with a designated course beginning before 1st August 2021, the Secretary of State—

(i) in assessing an application for a postgraduate doctoral degree loan by a person (“A”) determined that A fell within one of the categories set out in paragraphs 7, 8, 9, 10, 11, 12 and 13 in Part 2 of Schedule 1 in relation to an academic year of the course beginning before 1st August 2021; or

(ii) would have so determined had A made an application for a postgraduate doctoral degree loan in accordance with this Part in relation to an academic year of the course beginning before that date; and

(b) A applies for a postgraduate doctoral degree loan in connection with that course or a designated course to which A’s status as an eligible student is transferred from that course in accordance with this Part.

(2B) In connection with a designated course beginning on or after 1st January 2028, paragraph (2) has effect as if it did not mention paragraphs 9A, 10B and 10D.]

(3) A person (“A”) is not an eligible student if—

[F23 (za) A is excused from undertaking any part of the course due to—

(i) A’s previous experience;

(ii) A having taken a module or other unit of work of another course; or

(iii) A having been awarded a credit, credit point or equivalent measurement of study in respect of any part of another course;]

(a) A has reached the age of 60 on the first day of the academic year in which the designated course starts;

(b) A is in breach of any obligation to repay any loan;

(c) A has reached the age of 18 and has not ratified any agreement for a loan made with A when A was under the age of 18;

(d) A has, in the opinion of the Secretary of State, shown by A's conduct that A is unfitted to receive a postgraduate doctoral degree loan;

(e) A is a prisoner, unless A is an eligible prisoner;

(f) A is enrolled on a course which is a designated course under regulation 5 (designated courses) or 139 (designated part-time courses) of the student support regulations M17 or under regulation 4 (designated courses) of the 2016 Master's Degree Regulations, and is receiving support under either set of regulations for that course;

(g) A has already obtained an equivalent or higher qualification;

(h) A is already enrolled on a designated course and is in receipt of a postgraduate doctoral degree loan under these Regulations for that course;

(i) subject to paragraph (9), A has previously received a postgraduate doctoral degree loan under these Regulations;

(j) A is, in connection with the course, in receipt of any allowance, bursary or award of similar description made by UKRI;

[F24 (k) A is, in connection with the course—

(i) eligible to apply for a healthcare bursary;

(ii) eligible to apply for any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 2007; or

(iii) in receipt of any allowance, bursary or award of a similar description made under section 67(4)(a) of the Care Standards Act 2000, or under section 46 of the Children and Social Work Act 2017, which includes payment for meeting additional expenditure incurred by A by reason of A’s disability, save to the extent that A is in receipt of such an allowance, bursary or award in respect of travel expenses; or]

[F25 (iv) in receipt of financial assistance provided under the Educational Psychology Funded Training scheme; or]

(l) subject to paragraph (9), A has previously received a loan other than under these Regulations in respect of a course, where that loan was paid out of funds provided by a government authority within the United Kingdom.

[F26 (3A) Paragraph (3)(za) does not apply where—

(a) A was so excused as a result of transferring to the course from a designated course; and

(b) the Secretary of State considers A being so excused to be reasonable in the circumstances.]

(4) Where the eligible student is undertaking a designated course which is a distance learning course, the student does not qualify for support in respect of that course unless the Secretary of State considers that the student is undertaking the course in England on the first day of the first academic year of the course, whether the course is a designated course at that date or is designated on a later date during the academic year.

(5) For the purposes of paragraph (4), a person (“A”) is to be treated as being ordinarily resident in England for any period during which A would have been so resident but for the fact that—

(a) A,

(b) A's spouse or civil partner,

(c) in the case of a dependent direct relative in the ascending line, A's child or child's spouse or civil partner,

is or was temporarily employed in Wales, Scotland or Northern Ireland as a member of the regular naval, military or air forces of the Crown.

(6) An eligible student ceases to be eligible for a postgraduate doctoral degree loan in respect of a distance learning course if the Secretary of State considers that the student is undertaking the course outside the United Kingdom notwithstanding whether that student has previously been considered by the Secretary of State to be undertaking their course within the United Kingdom.

(7) Paragraphs (4) and (6) do not apply to a person who is treated as ordinarily resident in the United Kingdom by virtue of paragraph 1(5) of Schedule 1 on the basis of temporary employment falling within paragraph 1(6)(a) of Schedule 1.

(8) For the purposes of paragraphs (3)(b) and (3)(c), “loan” means a loan made under any provision of the student loans legislation.

(9) The Secretary of State may deem a person described in paragraph (3)(i) or (3)(l) to be an eligible student where the Secretary of State is of the view that the person had not been able to complete the course to which the previous loan related due to compelling personal reasons.

(10) The Secretary of State may only exercise the discretion under paragraph (9) once in respect of a particular student.

[F27 (11) In paragraph (3)(k)(iv), “Educational Psychology Funded Training scheme” means the scheme of the same name under section 14 of the Education Act 2002.]

[F28 (12) Where—

(a) the Secretary of State has determined that, by virtue of—

(i) falling within paragraph (a)(iii) or (iv) of the definition of “person with protected rights”; or

(ii) meeting the conditions in paragraph 3(1)(a)(iii) or (iv) in Part 2 of Schedule 1,

a person (“A”) is an eligible student in connection with an application for a postgraduate doctoral degree loan for a designated course; and

(b) as at the day before the first day of the first academic year of that designated course, A is not a person with protected rights,

A’s status as an eligible student terminates immediately before the first day of the first academic year of that designated course.]

Textual Amendments

F22 Reg. 3(2)-(2B) substituted for reg. 3(2) (1.3.2021) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 (S.I. 2021/127), regs. 1(1), 64(a)

F23 Reg. 3(3)(za) inserted (13.2.2020) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/48), regs. 1(1), 12(2)(a)(i)

F24 Reg. 3(3)(k) substituted (13.2.2020) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/48), regs. 1(1), 13(3)

F25 Reg. 3(3)(k)(iv) inserted (13.2.2020) (with application in accordance with reg. 1(3)(d) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/48), regs. 1(1), 16(a)

F26 Reg. 3(3A) inserted (13.2.2020) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/48), regs. 1(1), 12(2)(a)(ii)

F27 Reg. 3(11) inserted (13.2.2020) (with application in accordance with reg. 1(3)(d) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/48), regs. 1(1), 16(b)

F28 Reg. 3(12) inserted (1.3.2021) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 (S.I. 2021/127), regs. 1(1), 64(b)

Marginal Citations

M17 Regulation 5 was amended by S.I. 2013/1728, S.I. 2013/3106, S.I. 2014/2765, S.I. 2015/1951, S.I. 2017/114, S.I. 2018/136, S.I. 2018/137, S.I. 2018/434, S.I. 2018/443. Regulation 139 was amended by S.I. 2013/1728, S.I. 2013/3106, S.I. 2014/2765, S.I. 2018/137, S.I. 2018/434, S.I. 2018/443; S.I. 2018/472.

Designated courses E+W

4.—(1) Subject to paragraphs (5) and (6), a course is a designated course for the purposes of section 22(1) of the 1998 Act and regulation 3 if it—

[F29 (a) is a full postgraduate doctoral degree course of at least three, but no more than eight, academic years’ duration;]

[F30 (b) is one of the following—

(i) wholly provided by a registered provider, or provided by a registered provider or unregistered provider on behalf of a registered provider in England;

(ii) wholly provided by an authority-funded institution in Scotland, Northern Ireland or Wales;

(iii) provided by a registered provider on behalf of an authority-funded institution in Scotland, Northern Ireland or Wales;

(iv) provided by an institution situated in Scotland, Northern Ireland or Wales on behalf of a registered provider in England, or by a publicly funded institution situated in Scotland, Northern Ireland or Wales on behalf of an authority-funded institution in Scotland, Northern Ireland or Wales;

(v) provided by a registered provider in England in conjunction with an institution which is situated outside the United Kingdom;

(vi) provided by an authority-funded institution in Scotland, Northern Ireland or Wales in conjunction with an institution which is situated outside the United Kingdom;]

(c) is substantially provided in the United Kingdom; and

(d) is a postgraduate doctoral degree course which –

(i) leads to an award granted or to be granted by a body falling within section 214(2) [F31 (za), (zb),] (a) or (b) of the Education Reform Act 1988 M18 ; and

(ii) the teaching and supervision which comprise the course has been approved by that body.

(2) For the purposes of paragraph (1)(b) and (c)—

(a) a course is provided by an institution if it provides the teaching and supervision which comprise the course, whether or not the institution has entered into an agreement with the student to provide the course;

(b) a course is substantially provided in the United Kingdom where at least half of the teaching and supervision which comprise the course is provided in the United Kingdom;

(c) a university and any constituent college or institution in the nature of a college of a university is to be regarded as authority-funded if either the university or the constituent college or institution is authority-funded;

(d) an institution is not to be regarded as publicly funded or authority-funded by reason only that it receives public funds from the governing body of a higher education institution in accordance with section 65(3A) of the Further and Higher Education Act 1992 M19 ; and

(e) a course is not to be regarded as provided on behalf of an authority-funded educational institution where a part of the course is provided by a private institution [F32 in Scotland, Northern Ireland or Wales, or by a private institution which is an unregistered provider in England].

[F33 (2A) For the purposes of section 22 of the 1998 Act and regulation 3, a course is a designated course if it is—

(a) a Welsh designated doctoral degree course;

(b) a full postgraduate doctoral degree course; and

[F34 (c) of at least three, but no more than eight, academic years’ duration.]

(3) The designated course may, but need not, be a distance learning course.

[F35 (3ZA) In paragraphs (1)(a) and (2A), “full postgraduate doctoral degree course” means a course which, independent of a student’s previous experience or any module or other unit of work, credit, credit point or equivalent measurement of study taken or awarded in respect of another course, leads to a doctoral degree.]

[F36 (3A) A course is not a designated course if its designation has been revoked or is suspended under paragraph (6).]

(4) A course cannot be a designated course for the purposes of regulation 3 if it is recognised as a designated course for the purposes of regulation 5 (designated courses) or 139 (designated part-time courses) of the student support regulations or regulation 4 (designated courses) of the 2016 Master's Degree Regulations.

(5) For the purposes of section 22 of the 1998 Act and regulation 3(1), the Secretary of State may designate courses of higher education which are not designated under paragraph (1) [F37 or (2A]).

(6) The Secretary of State may revoke or suspend the designation of a course which is designated under [F38 this regulation].]

Textual Amendments

F29 Reg. 4(1)(a) substituted (26.11.2020) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/1203), regs. 1(2), 28(a)

F30 Reg. 4(1)(b) substituted (21.2.2019) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 49(2) (with reg. 1(2)(5))

F31 Words in reg. 4(1)(d) inserted (21.2.2019) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 49(3) (with reg. 1(2)(5))

F32 Words in reg. 4(2)(e) inserted (21.2.2019) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 49(4) (with reg. 1(2)(5))

F33 Reg. 4(2A) inserted (13.2.2020) (with application in accordance with reg. 1(2)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/48), regs. 1(1), 4(3)(b)(i)

F34 Reg. 4(2A)(c) substituted (26.11.2020) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/1203), regs. 1(2), 28(b)

F35 Reg. 4(3ZA) inserted (13.2.2020) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/48), regs. 1(1), 12(2)(b)(ii)

F36 Reg. 4(3A) inserted (21.2.2019) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 49(5) (with reg. 1(2)(5))

F37 Words in reg. 4(5) inserted (13.2.2020) (with application in accordance with reg. 1(2)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/48), regs. 1(1), 4(3)(b)(ii)

F38 Words in reg. 4(6) substituted (21.2.2019) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 49(6) (with reg. 1(2)(5))

Marginal Citations

M18 1988 c.40; section 214(2) was amended by Schedule 8 of the Further and Higher Education Act 1992 (c.13) and section 53(2) to (4) of the Higher Education and Research Act 2017 (c.29).

M19 1992 c.13; section 65(3A) was inserted by section 27 of the Teaching and Higher Education Act 1998 (c.30). It was then amended by section 122 of the Higher Education and Research Act 2017 (c.29), subject to consequential, transitional, transitory and saving provisions made by S.I. 2018/245.

Period of eligibility E+W

5.—(1) A student's status as an eligible student is retained in connection with a designated course until the status terminates in accordance with this regulation or regulation 3.

(2) The period for which an eligible student retains that status is the “period of eligibility”.

(3) Subject to the following paragraphs and regulation 3, the period of eligibility terminates at the end of the academic year in which the student completes the designated course.

(4) The period of eligibility terminates when—

(a) the eligible student (“A”) withdraws from A's designated course in circumstances where the Secretary of State is not obliged under regulation 6 to transfer A's status as an eligible student to another course; or

(b) A abandons or is expelled from A's designated 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 postgraduate doctoral degree 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 a postgraduate doctoral degree loan;

(c) treat any postgraduate doctoral degree loan paid to the student as an overpayment which may be recovered under regulation 17.

(7) Where the period of eligibility terminates before the end of the academic year in which the student completes the designated course, the Secretary of State may, at any time, renew the period of eligibility for such period as the Secretary of State determines.

Transfer of status E+W

6.—(1) Where an eligible student “A” transfers to another course, the Secretary of State must transfer A's status as an eligible student to that course where—

(a) the Secretary of State receives a request from the eligible student to do so;

(b) the Secretary of State is satisfied that one or more of the grounds for transfer in paragraph (2) applies; and

(c) the period of eligibility has not terminated.

[F39 (1A) Paragraph (1) applies to a person who is an eligible student by virtue of regulation 3(2)(b) only where that person’s status as an eligible student has not been transferred on or after 1st August 2021 from the designated course referred to in regulation 3(2A)(a) to another designated course.]

(2) The grounds for transfer are that—

(a) on the recommendation of the academic authority, A ceases one designated course and starts to undertake another designated course at the same institution; or

(b) A starts to undertake a designated course at another institution.

(3) Where A transfers under paragraph (1), A is entitled to receive in connection with the academic year of the course to which A transfers the remainder of the postgraduate doctoral degree loan in accordance with regulation 13 and, where relevant, regulation 16, in respect of the academic year of the course from which A transfers.

Textual Amendments

F39 Reg. 6(1A) inserted (1.3.2021) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 (S.I. 2021/127), regs. 1(1), 65

Students becoming eligible in the course of an academic year E+W

7.  Where one of the events listed in regulation 8 occurs during the currency of a student's course, a student may qualify for a postgraduate doctoral degree loan, provided the student complies with the application provisions set out in chapter 3 of Part 1.

Events E+W

8.  The events are—

[F40 (a) the student’s course becomes a designated course—

(i) under regulation 4(5);

(ii) because the course is provided by or on behalf of an English higher education provider which becomes a registered provider; or

(iii) by virtue of the course becoming a Welsh designated doctoral degree course;]

(b) the student or the student's spouse, civil partner or parent is recognised as a refugee or becomes a person granted stateless leave or a person granted humanitarian protection;

F41 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F42 (d) the student becomes a family member described in paragraph 10A(1)(a), 10B(1)(a), 10C(1)(a) or 10D(1)(a) of Schedule 1;]

[F43 (e) the student becomes a person described in paragraph 3(a) of Schedule 1;]

F44 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) the student becomes a person described in paragraph [F45 7A(1)(a)] of Schedule 1;

[F46 (h) the student becomes a person described in paragraph 12A(a) of Schedule 1;]

(i) the student commences a designated course after the start date of the designated course as the relevant academic authority has permitted the student to commence the course at this later start date; F47 ...

[F48 (j) the student becomes a person granted section 67 leave.]

[F49 (k) the student becomes a person granted indefinite leave to remain as a victim of domestic violence or domestic abuse; F50 ...]

[F51 (l) the student becomes a person granted Calais leave][F52 ; or

(m) the student becomes a person granted indefinite leave to remain as a bereaved partner.]

Textual Amendments

F40 Reg. 8(a) substituted (13.2.2020) (with application in accordance with reg. 1(2)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/48), regs. 1(1), 4(3)(c)

F41 Reg. 8(c) omitted (1.3.2021) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 (S.I. 2021/127), regs. 1(1), 66(a)

F42 Reg. 8(d) substituted (1.3.2021) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 (S.I. 2021/127), regs. 1(1), 66(b)

F43 Reg. 8(e) substituted (31.12.2020) by The Education (Student Fees, Awards and Support) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1181), regs. 1(3), 33(b)

F44 Reg. 8(f) omitted (1.3.2021) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 (S.I. 2021/127), regs. 1(1), 66(c)

F45 Word in reg. 8(g) substituted (1.3.2021) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 (S.I. 2021/127), regs. 1(1), 66(d)

F46 Reg. 8(h) substituted (1.3.2021) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 (S.I. 2021/127), regs. 1(1), 66(e)

F47 Word in reg. 8(i) omitted (13.2.2020) (with application in accordance with reg. 1(3)(a) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/48), regs. 1(1), 2(7)(b)(i)

F48 Reg. 8(j) inserted (21.2.2019) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 50(d) (with reg. 1(2)(3)(5))

F49 Reg. 8(k) inserted (13.2.2020) (with application in accordance with reg. 1(3)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/48), regs. 1(1), 2(7)(b)(ii)

F50 Word in reg. 8(k) omitted (with application in accordance with reg. 1(4)(a) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/1203), regs. 1(2), 17(3)(a)

F51 Reg. 8(l) inserted (13.2.2020) (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/48), regs. 1(1), 3(7)(b)

F52 Reg. 8(m) and preceding word inserted (with application in accordance with reg. 1(4)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/1203), regs. 1(2), 17(3)(b)

CHAPTER 3 E+W

Applications for a postgraduate doctoral degree loan E+W

9.—(1) Where a person (the “applicant”) applies for a postgraduate doctoral degree loan in connection with a designated course, the applicant must complete and submit to the Secretary of State an application in such form and accompanied by such documentation as the Secretary of State may require.

(2) The Secretary of State may take such steps and make such inquiries as the Secretary of State considers necessary to determine whether the applicant is an eligible student.

(3) The Secretary of State must notify the applicant whether the applicant qualifies for a postgraduate doctoral degree loan.

Time Limit E+W

10.—(1) An application for a postgraduate doctoral degree loan, or an application to amend the amount of loan applied for, must reach the Secretary of State no later than the end of the ninth month of the final academic year of the course.

(2) Paragraph (1) does not apply where the Secretary of State considers that having regard to the circumstances of the particular case the time limit is to be relaxed, in which case the application must reach the Secretary of State no later than such date as the Secretary of State specifies.

Requirement to enter into a contract for a postgraduate doctoral degree loan E+W

11.—(1) To receive a postgraduate doctoral degree loan a student must enter into a contract with the Secretary of State.

(2) Where the Secretary of State requires a contract to be signed by a student, an electronic signature in such form as the Secretary of State may specify satisfies such a requirement.

CHAPTER 4 E+W

Amount of the postgraduate doctoral degree loan E+W

12.—(1) The Secretary of State must pay, in accordance with regulation 13, the amount of loan an eligible student has applied for, provided that –

(a) the total amount of the loan does not exceed [F53 £27,265]; and

(b) the amount applied for is to cover the matters referred to in paragraph 2(a) or (b) as applicable.

(2) Where the eligible student –

(a) is not an eligible prisoner, the loan is to cover the whole or part of the costs of undertaking a designated course;

(b) is an eligible prisoner, the loan is to cover the whole or part of the fees of a designated course (but not other costs of undertaking a designated course).

Textual Amendments

F53 Sum in reg. 12(1) substituted (with application in accordance with reg. 1(4)(c) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/1203), regs. 1(2), 31(a)

Payment of postgraduate doctoral degree loans E+W

13.—(1) The Secretary of State may pay the postgraduate doctoral 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 doctoral 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.

(4) The Secretary of State must not make a payment in excess of [F54 £11,570] in respect of a particular eligible student in connection with any one academic year.

(5) The Secretary of State must not, in any academic year, pay the whole or part of the postgraduate doctoral 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 year—

(a) that the student is in attendance or is undertaking the designated course; and

(b) if it is able to do so, that the student is not, in connection to the designated course, in receipt of any allowance, bursary, or award of similar description made by UKRI.

(6) The academic authority must forthwith inform the Secretary of State and provide the Secretary of State with particulars if –

(a) it becomes aware that the student is in receipt of any allowance, bursary, or award of similar description made by UKRI in connection with the designated course;

[F55 (b) the student withdraws from or abandons their course;

(ba) the student is expelled from their course;

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

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

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

Textual Amendments

F54 Sum in reg. 13(4) substituted (with application in accordance with reg. 1(4)(c) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/1203), regs. 1(2), 31(b)

F55 Reg. 13(6)(b)-(bc) substituted for reg. 13(6)(b) (26.11.2020) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/1203), regs. 1(2), 10(2)

Provision of United Kingdom national insurance number E+W

14.—(1) The Secretary of State may make it a condition of entitlement to payment of the whole or part of the postgraduate doctoral 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 doctoral 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 doctoral 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 student having complied with the condition imposed under paragraph (1).

Absence from, and repetition of, parts of the course E+W

15.—(1) Subject to paragraphs (2) to (5), if the Secretary of State receives notice under regulation 13(6)(b) or (c), 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,

then the Secretary of State may not make any further payment of the postgraduate doctoral degree loan.

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

(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) 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.

(5) After considering a notification given under paragraph (3), the Secretary of State must recommence further payments of the postgraduate doctoral degree 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.

(6) After considering a notification given under paragraph (4), the Secretary of State must recommence further payments of the postgraduate doctoral degree loan under regulation 13.

Effect of becoming, or ceasing to be, an eligible prisoner E+W

16.—(1) Paragraph (2) applies where an eligible student who is in receipt of a postgraduate doctoral 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 doctoral degree loan or future payments of instalments of the postgraduate doctoral degree loan, so that the total of the postgraduate doctoral degree loan awarded complies with the maximum postgraduate doctoral degree loan amount the student, as an eligible prisoner, is entitled to under regulation 12; and

(b) pay any remaining sum of the postgraduate doctoral degree loan, or any future instalments of the postgraduate doctoral 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 doctoral 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 of the postgraduate doctoral degree loan, or future instalments of the postgraduate doctoral 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 doctoral 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 doctoral 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 doctoral degree loan E+W

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

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

(b) the student who received the postgraduate doctoral degree loan.

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

(3) An overpayment of a postgraduate doctoral 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 doctoral 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 doctoral degree loan in accordance with 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.

CHAPTER 5 E+W

Information requirements E+W

18.—(1) Schedule 2 makes further provision about the supply of information by applicants and eligible students.

(2) The Secretary of State may at any time request from an applicant or eligible student information that the Secretary of State considers is required to recover a postgraduate doctoral degree loan.

(3) The Secretary of State may at any time require an applicant or eligible student to enter into an agreement to repay a postgraduate doctoral degree loan by a particular method.

(4) The Secretary of State may at any time request from an applicant or eligible student sight of their valid national identity card, valid passport or their birth certificate.

(5) Where the Secretary of State has requested information under this regulation, the Secretary of State may withhold any payment of a postgraduate doctoral degree loan until the person provides what has been requested or provides a satisfactory explanation for not complying with the request.

(6) Where the Secretary of State has required an agreement as to the method of repayment under this regulation, the Secretary of State may withhold any payment of a postgraduate doctoral degree loan until the person provides what has been required.

PART 2 E+W

Amendment of the Education (Student Loans) (Repayment) Regulations 2009 E+W

19.  The Education (Student Loans) (Repayment) Regulations 2009 are amended in accordance with this Part.

Amendment of regulation 3 E+W

20.—(1) Regulation 3 (interpretation) is amended as follows.

(2) In paragraph (1)—

(a) for the definition of “the 2016 Postgraduate Regulations”M20 , substitute –

““the 2016 Master's Degree Regulations” means the Education (Postgraduate Master's Degree Loans) Regulations 2016”;

(b) after the definition of “the 2017 Postgraduate Wales Regulations”M21 , insert—

““the 2018 Doctoral Degree Regulations” means the Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 2018;”;

(c) in the definition of “the Authority”M22 , in paragraph (a) omit “master's”;

(d) in the definition of “borrower”M23 , in paragraph (b) omit “master's”;

(e) in the definition of “loan purchaser”M24 , omit “master's”;

(f) for the definition of “postgraduate master's degree loan”M25 , substitute –

““postgraduate degree loan” means the total outstanding—

(a) principal owed by a person to the Authority in respect of –

(i) a postgraduate master's degree loan pursuant to Part 1 of the 2016 Master's Degree Regulations;

(ii) a postgraduate master's degree loan pursuant to Part 4 of the 2017 Postgraduate Wales Regulations; or

(iii) a postgraduate doctoral degree loan pursuant to Part 1 of the 2018 Doctoral Degree Regulations, and

(b) interest, penalties and charges owed by a person to the Authority pursuant to these Regulations in connection with the loan made pursuant to the 2016 Master's Degree Regulations, the 2017 Postgraduate Wales Regulations, or the 2018 Doctoral Degree Regulations,

excluding any interest, penalties or charges payable under Part 3 or 4, and also has the meaning given to it in regulation 7; ”;

(g) for the definition of “postgraduate master's degree loan borrower”M26 , substitute –

““postgraduate degree loan borrower” means a person—

(a) to whom the Authority has lent money in respect of a postgraduate degree loan; and

(b) who has not received a notice from the Authority or the loan purchaser (as the case may be) that the loan has been repaid in full or cancelled;”;

(h) in the definition of “repayment”M27 , omit “master's”;

(i) in the definition of “repayment threshold”M28 , in paragraph (c) omit “master's”;

(j) for the definition of “student loan”M29 , substitute —

““student loan” means the total outstanding principal, interest, penalties and charges owed by a person—

(a) to the Secretary of State, pursuant to—

(i) these Regulations, other than any interest, penalties and charges owed in connection with the 2016 Master's Degree Regulations or the 2018 Doctoral Degree Regulations; and

(ii) any other Regulations made under section 22 of the 1998 Act, other than the 2016 Master's Degree Regulations or the 2018 Doctoral Degree Regulations,

(b) to the Welsh Ministers, pursuant to—

(i) these Regulations, other than any interest, penalties and charges owed in connection with the 2017 Postgraduate Wales Regulations; and

(ii) any other Regulations made under section 22 of the 1998 Act, other than the 2017 Postgraduate Wales Regulations,

excluding any interest, penalties or charges payable under Part 3 or 4, and also has the meanings given to it in regulations 6 and 7; ”.

(3) In paragraph (2) M30 , for “other than the 2016 Postgraduate Regulations or the 2017 Postgraduate Wales Regulations”, substitute –

“other than the 2016 Master's Degree Regulations, the 2017 Postgraduate Wales Regulations or the 2018 Doctoral Degree Regulations”.

Marginal Citations

M20 The definition of “the 2016 Postgraduate Regulations” was inserted by S.I. 2017/831.

M21 The definition of “the 2017 Postgraduate Wales Regulations” was inserted by S.I. 2017/831.

M22 The definition of “the Authority” was amended by S.I. 2017/831.

M23 The definition of “borrower” was substituted by S.I. 2017/831.

M24 The definition of “loan purchaser” was amended by S.I. 2017/831.

M25 The definition of “postgraduate master's degree loan” was inserted by S.I. 2017/831.

M26 The definition of “postgraduate master's degree loan borrower” was inserted by S.I. 2017/831.

M27 The definition of “repayment” was amended by S.I. 2017/831.

M28 The definition of “repayment threshold” was inserted by S.I. 2011/784 and was subsequently substituted by S.I. 2012/1309 and then amended by S.I. 2017/831 and S.I. 2018/284.

M29 The definition of “student loan” was substituted by S.I. 2017/831.

M30 Paragraph (2) was inserted by S.I. 2012/1309 and was subsequently amended by S.I. 2013/607 and S.I. 2017/831.

Amendment of regulation 4 E+W

21.  In regulation 4 M31 (application: general), omit “master's”.

Marginal Citations

M31 Regulation 4 was amended by S.I. 2017/831.

Amendment of regulation 7 E+W

22.  In regulation 7(1) M32 (application to transferred loans in England and Wales)—

(a) for the definition of “postgraduate master's degree loan”M33 , substitute —

““postgraduate degree loan” means, subject to any provisions of transfer arrangements, the total outstanding—

(a) principal owed by a person to a loan purchaser in respect of—

(i) a postgraduate master's degree loan pursuant to the 2016 Master's Degree Regulations;

(ii) a postgraduate master's degree loan pursuant to the 2017 Postgraduate Wales Regulations; or

(iii) a postgraduate doctoral degree loan pursuant to the 2018 Doctoral Degree Regulations; and

(b) interest, penalties and charges owed by a person to a loan purchaser pursuant to these Regulations in connection with the loan made pursuant to the 2016 Master's Degree Regulations, the 2017 Postgraduate Wales Regulations or the 2018 Doctoral Degree Regulations; and”;

(b) for the definition of “student loan”M34 , substitute —

““student loan” means, subject to any provisions of transfer arrangements, the total outstanding principal, interest, penalties and charges owed by a person to a loan purchaser pursuant to—

(a) these Regulations, other than any interest, penalties and charges owed in connection with the 2016 Master's Degree Regulations, the 2017 Postgraduate Wales Regulations or the 2018 Doctoral Degree Regulations; and

(b) any other Regulations made under section 22 of the 1998 Act, other than the 2016 Master's Degree Regulations, the 2017 Postgraduate Wales Regulations or the 2018 Doctoral Degree Regulations.”.

Marginal Citations

M32 Regulation 7(1) was amended by S.I. 2017/831.

M33 The definition of “postgraduate master's degree loan” was inserted by S.I. 2017/831.

M34 The definition of “student loan” was amended by S.I. 2017/831.

Amendment of regulation 15 E+W

23.—(1) Regulation 15 (timing of repayments: general) is amended as follows.

(2) In paragraph (1) M35 , omit “master's”.

(3) For paragraph (2ZA) M36 , substitute —

“(2ZA) Subject to paragraph (2C) a postgraduate degree loan borrower is not required to repay –

(a) any part of a postgraduate master's degree loan, before the start of the following tax year commencing on 6 April after the borrower ceases to be eligible for a loan under Part 1 of the 2016 Master's Degree Regulations or Part 4 of the 2017 Postgraduate Wales Regulations, whether by reason of having completed that course or otherwise;

(b) any part of a postgraduate doctoral degree loan, until the earlier of—

(i) the start of the following tax year commencing on 6 April after the borrower ceases to be eligible for a loan under Part 1 of the 2018 Doctoral Degree Regulations, whether by reason of having completed that course or otherwise; or

(ii) the start of the following tax year commencing on 6 April after the fourth anniversary of the course start date.”.

(4) For paragraph (2C) M37 , substitute –

“A borrower is not required to repay any part of the postgraduate degree loan under paragraph (2ZA) before 6 April 2019.”.

(5) In paragraph (7) M38 , omit “master's”.

Marginal Citations

M35 Paragraph (1) was amended by S.I. 2017/831.

M36 Paragraph (ZA) was inserted by S.I. 2017/831.

M37 Paragraph (2C) was substituted by S.I. 2017/831.

M38 Paragraph (7) was amended by S.I. 2017/831

Amendment of regulation 18 E+W

24.  In paragraph (1)(a) M39 (direct debit repayment), omit “master's”.

Marginal Citations

M39 Paragraph 1(a) was amended by S.I. 2017/831.

Amendment of regulation 19 E+W

25.  In regulation 19 M40 (cancellation), omit “master's” each time it appears.

Marginal Citations

M40 Regulation 19 was amended by S.I. 2013/607, S.I. 2012/1309, S.I. 2017/831.

Amendment of regulation 20 E+W

26.  In regulation 20 M41 (refunds), omit “master's” each time it appears.

Marginal Citations

M41 Regulation 20 was amended by S.I. 2011/784, S.I. 2012/1309, S.I. 2013/607, S.I. 2017/831.

Amendment of regulation 20A E+W

27.  In regulation 20A M42 (excess payments: more than one loan), in paragraph (1)(a)(i) and (ii), omit “master's”.

Marginal Citations

M42 Regulation 20A was inserted by S.I. 2017/831.

Amendment of regulation 21B E+W

28.—(1) Regulation 21B M43 (interest rate on postgraduate master's degree loans) is amended as follows.

(2) In the heading, omit “master's”.

(3) In paragraph 1, omit “master's”.

(4) For paragraph 2, substitute –

“Interest accrues as of the date that the first payment of the loan is paid out under –

(a) regulation 13 of the 2016 Master's Degree Regulations;

(b) regulation 13 of the 2017 Postgraduate Wales Regulations; or

(c) regulation 13 of the 2018 Doctoral Degree Regulations.”.

Marginal Citations

M43 Regulation 21B was inserted by S.I. 2017/831.

Amendment of regulation 25 E+W

29.  In regulation 25(3) M44 (costs and expenses), omit “master's”.

Marginal Citations

M44 Regulation 25(3) was amended by S.I. 2017/831.

Amendment of regulation 27 E+W

30.  In regulation 27 M45 (foreclosure), omit “master's”.

Marginal Citations

M45 Regulation 27 was amended by S.I. 2017/831.

Amendment of regulation 28 E+W

31.  In the heading of regulation 28 M46 (repayments of student loans and postgraduate master's degree loan by persons required to submit a tax return), omit “master's”.

Marginal Citations

M46 The heading of regulation 28 was amended by S.I. 2017/831.

Amendment of regulation 29 E+W

32.  In regulation 29 M47 (time for and amount of repayments), omit “master's” each time it appears.

Marginal Citations

M47 Regulation 29 was amended by S.I. 2010/661, S.I. 2011/784, S.I. 2012/1309, S.I. 2013/607, S.I. 2014/651, S.I. 2017/831, S.I. 2018/284.

Amendment of regulation 33 E+W

33.  In regulation 33 M48 (other returns and information), in paragraph (3)(b) and (d)(i), omit “master's”.

Marginal Citations

M48 Regulation 33 was amended by S.I. 2013/607, S.I. 2017/831.

Amendment of regulation 41 E+W

34.  In regulation 41 (interpretation), in the definition of “combined amount”M49 omit “master's”.

Marginal Citations

M49 The definition of “combined amount” was amended by S.I. 2017/831.

Amendment of regulation 42 E+W

35.  In the heading of regulation 42 M50 (repayment of student loans or postgraduate master's degree loans by employees), omit “master's”.

Marginal Citations

M50 The heading of regulation 42 was amended by S.I. 2017/831.

Amendment of regulation 43 E+W

36.  In regulation 43(2) M51 (commencement of employment with a non-Real Time Information employer), omit “master's”.

Marginal Citations

M51 Regulation 43(2) was substituted by S.I. 2012/836 and then amended by S.I. 2013/607, S.I. 2017/831.

Amendment of regulation 43A E+W

37.  In regulation 43A M52 (commencement of employment with a Real Time information employer), omit “master's”.

Marginal Citations

M52 Regulation 43A was inserted by S.I. 2012/836 and subsequently amended by S.I. 2013/607, S.I. 2017/831.

Amendment of regulation 44 E+W

38.  In regulation 44 M53 (amount of repayments), omit “master's” each time it appears.

Marginal Citations

M53 Regulation 44 was amended by S.I. 2011/784, S.I. 2013/607, S.I. 2017/831.

Amendment of regulation 50 E+W

39.  In regulation 50 M54 (deductions of repayments), omit “master's” each time it appears.

Marginal Citations

M54 Regulation 50 was amended by S.I. 2012/836, S.I. 2017/831.

Amendment of regulation 55 E+W

40.  Regulation 55 M55 (notice and certificate when repayments deducted not paid), omit “master's” each time it appears.

Marginal Citations

M55 Regulation 55 was amended by S.I. 2012/836, S.I. 2017/831.

Amendment of regulation 56 E+W

41.  In regulation 56 M56 (notice of specified amount and certificate when repayments not deducted), omit “master's” each time it appears.

Marginal Citations

M56 Regulation 56 was amended by S.I. 2012/836, S.I. 2017/831.

Amendment of regulation 57 E+W

42.  In regulation 57(2) M57 (recovery of payments deducted through the income tax system), omit “master's”.

Marginal Citations

M57 Regulation 57(2) was amended by S.I. 2017/831.

Amendment of regulation 59 E+W

43.  In regulation 59(9) M58 (returns by employers), omit “master's”.

Marginal Citations

M58 Regulation 59(9) was amended by S.I. 2017/831.

Amendment of regulation 60 E+W

44.  In regulation 60(4)(a) M59 (inspection of employers' records), omit “master's”.

Marginal Citations

M59 Regulation 60(4)(a) was amended by S.I. 2017/831.

Amendment of regulation 61 E+W

45.  In regulation 61(2)(b) M60 (powers to obtain information), omit “master's”.

Marginal Citations

M60 Regulation 60(1)(2)(b) was amended by S.I. 2017/831.

Amendment of regulation 67 E+W

46.  In regulation 67 M61 (cessation of employment), in paragraphs (b) and (ba) omit “master's”.

Marginal Citations

M61 Regulation 67 was amended by S.I. 2012/836, S.I. 2017/831.

Amendment of regulation 68 E+W

47.  In regulation 68(3) M62 (penalties), omit “master's”.

Marginal Citations

M62 Regulation 68(3) was amended by S.I. 2017/831.

Amendment of regulation 73 E+W

48.  In regulation 73 M63 (notice of liability to make repayments), in paragraph (1) and (2) omit “master's”.

Marginal Citations

M63 Regulation 73 was amended by S.I. 2017/831.

Amendment of regulation 75 E+W

49.  In regulation 75 M64 (repayment by income-related instalments), omit “master's” each time it appears.

Marginal Citations

M64 Regulation 75 was amended by S.I. 2012/1309, S.I. 2017/831.

Amendment of regulation 76 E+W

50.  In regulation 76 M65 (calculation of fixed instalment and applicable threshold), omit “master's” each time it appears in the third column of the table.

Marginal Citations

M65 The table in paragraph (1) was substituted by S.I. 2012/1309 and subsequently amended by S.I. 2017/831.The fourth table was inserted by S.I. 2018/284.

Amendment of regulation 77 E+W

51.  In regulation 77(1)(b) M66 (application to cease repayment by instalments), omit “master's”.

Marginal Citations

M66 Regulation 77(1)(b) was amended by S.I. 2017/831.

Amendment of regulation 80 E+W

52.—(1) Regulation 80 (effect of borrower insolvency on student loans and postgraduate master's degree loans), is amended as follows.

(2) In the heading M67 , omit “master's”.

(3) In paragraph 2 M68 , omit “master's” each time it appears.

(4) In paragraph 3 M69 , omit “master's” each time it appears.

Marginal Citations

M67 The heading of regulation 80 was amended by S.I. 2017/831.

M68 Paragraph (2) was amended by S.I. 2017/831.

M69 Paragraph (3) was amended by S.I. 2017/831.

PART 3 E+W

Amendment of the Education (Student Support) Regulations 2011 E+W

53.  The Education (Student Support) Regulations 2011 are amended in accordance with this Part.

54.—(1) Regulation 2(1) (interpretation) is amended as follows.

(2) Omit the definition of “Research Council”;

(3) After the definition of “Turkish worker”, insert –

““UKRI” means United Kingdom Research and Innovation;”.

55.  In regulation 4(7A) M70 (eligible students), for “and is receiving support under those Regulations for that course” substitute – “ or regulation 4 of the Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 2018, and is receiving support under either set of regulations for that course. ”

Marginal Citations

M70 Regulation 4(7A) was inserted by S.I. 2018/443.

56.  In regulation 137 (eligible part-time students), after paragraph (3A) insert –

“(3B) A person (“A”) is not an eligible part-time student if A is enrolled on a course which is designated under regulation 4 of the Education (Postgraduate Master's Degree Loans) Regulations 2016 or regulation 4 of the Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 2018, and is receiving support under either set of regulations for that course.”.

57.  In regulation 159(4)(a)(iii) (Eligible postgraduate students), for “a Research Council”, substitute “ UKRI ”.

PART 4 E+W

Amendment of the Education (Postgraduate Master's Degree Loans) Regulations 2016 E+W

58.  The Education (Postgraduate Master's Degree Loans) Regulations 2016 are amended in accordance with this Part.

59.  In regulation 2(1) (interpretation), for the definition of “postgraduate master's degree loan”, substitute—

“postgraduate master's degree loan” means a loan made by the Secretary of State pursuant to these Regulations, and includes the interest accrued on the loan, and any penalties or charges incurred in connection with it, except for any interest, penalties or charges payable under Part 3 or 4 of the Education (Student Loans) (Repayment) Regulations 2009;”.

60.—(1) Regulation 3 (eligible students) is amended as follows.

(2) For regulation 3(3)(f) M71 substitute – “ A is enrolled on a course which is a designated course under regulation 5 (designated courses) or 139 (designated part-time courses) of the student support regulations M72 or under regulation 4 (designated courses) of the Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 2018, and is receiving support under either set of regulations for that course; ”.

(3) In paragraph (4A) M73 , omit sub-paragraph (c).

Marginal Citations

M71 Regulation 3(3)(f) was amended by S.I. 2018/137.

M72 Regulation 5 was amended by S.I. 2013/1728, S.I. 2013/3106, S.I. 2014/2765, S.I. 2015/1951, S.I. 2017/114, S.I. 2018/136, S.I. 2018/137, S.I. 2018/434, S.I. 2018/443. Regulation 139 was amended by S.I. 2013/1728, S.I. 2013/ 3106, S.I. 2014/2765, S.I. 2018/137, S.I. 2018/434, S.I. 2018/443; 2018/472.

M73 Paragraph (4A) was inserted by S.I. 2018/137.

61.  For regulation 4(5) (designated courses), substitute – “ “A course cannot be a designated course for the purposes of regulation 3 if it is recognised as a designated course for the purposes of regulation 5 (designated courses) or 139 (designated part-time courses) of the student support regulations or regulation 4 (designated courses) of the Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 2018. ”.

62.  For regulation 10 M74 (time limit), substitute –

“10.— (1) An application for a postgraduate master's degree loan, or an application to amend the amount of loan applied for, must reach the Secretary of State no later than the end of the ninth month of the final academic year of the course.

(2) Paragraph (1) does not apply where the Secretary of State considers that having regard to the circumstances of the particular case the time limit is to be relaxed, in which case the application must reach the Secretary of State no later than such date as the Secretary of State specifies.”.

Marginal Citations

M74 Regulation 10 was substituted by S.I. 2017/594.

63.  In regulation 12(3)(b) M75 (amount of the postgraduate master's degree loan), for “regulation 10(2)”, substitute “ regulation 10(1) ”.

Marginal Citations

M75 Regulation 12(3)(b) was amended by S.I. 2017/594.

64.  For regulation 13(4) (payment of postgraduate master's degree loans), substitute – “ 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. ”.

65.  In regulation 17(3)(c), for “with Part 2” substitute “ with regulations made under section 22 of the 1998 Act ”.

Sam Gyimah

Minister of State for Universities, Science, Research and Innovation

Department for Education