This Statutory Instrument has been made in part in consequence of defects in S.I. 2016/238 and is being issued free of charge to all known recipients of that Statutory Instrument.
2022 No. 354
The Further Education Loans (Amendment) Regulations 2022
Made
Laid before Parliament
Coming into force
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 22(1) and (2) and 42(6) of the Teaching and Higher Education Act 19981.
Citation, commencement and extent1
1
These Regulations may be cited as the Further Education Loans (Amendment) Regulations 2022 and come into force on 1st May 2022.
2
These Regulations extend to England and Wales.
Amendment of the Further Education Loans Regulations 20122
The Further Education Loans Regulations 20122 are amended as follows.
Amendment of regulation 23
Amendment of regulation 94
In regulation 95, omit the words from “unless” to the end.
Substitution of regulation 155
For regulation 156 substitute—
Standard entitlement of eligible students15
1
The standard entitlement of an eligible student for all designated further education courses is determined in accordance with this regulation.
2
The standard entitlement is a maximum of four fee loans, where the eligible student does not take out a fee loan for a programme of A Level study.
3
Where an eligible student takes out a fee loan for a programme of A Level study, the standard entitlement is—
a
a maximum of eight fee loans for the programme of A Level study, and
b
a maximum of three fee loans for other designated further education courses.
4
An eligible student undertaking a programme of A Level study may use fee loans from their standard entitlement to fund—
a
a maximum of four AS Level courses;
b
a maximum of four A Level courses;
c
AS and A Level courses in a maximum of four subjects.
5
An eligible student may only use one fee loan from their standard entitlement to fund an Access to HE Diploma.
6
An eligible student taking more than one designated further education course at any one time may qualify for a fee loan for each course.
7
Where an eligible student has qualified for a fee loan in connection with a designated further education course and has received public funds for the fees for that course equal to the full amount of the fee loan, the fee loan does not count towards the standard entitlement if—
a
the Secretary of State has withheld payment of all of the fee loan under regulation 22(5)7, or
b
the fee loan has been repaid in full under regulation 248.
8
A fee loan taken out by an eligible student which is cancelled in full under regulation 259 does not count towards the standard entitlement.
9
In addition to the standard entitlement, if the Secretary of State determines that the eligible student is—
a
repeating a designated further education course because of compelling personal reasons, or
b
transferring to an alternative institution because the institution at which that student began a designated further education course has ceased to be publicly funded,
the eligible student may qualify for further fee loans in respect of any period or periods of study arising as a result.
10
In this regulation, a “programme of A level study” means the study of one or more AS Level or A Level courses.
Amendment of regulation 186
In regulation 18—
a
in paragraph (1), omit “or 9”;
b
in paragraph (3), for the words from “these Regulations” to the end substitute “regulation 8 and the circumstances in paragraph (4) apply, the Secretary of State must reduce the amount of the fee loan to which the student is entitled in respect of the course to which the eligible student has transferred”
.
(This note is not part of the Regulations)