Statutory Instrument 1998 No. 2026 (S. 107)

The Education (Student Loans) (Scotland) Regulations 1998

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1998 No. 2026 (S. 107)

EDUCATION, SCOTLAND

The Education (Student Loans) (Scotland) Regulations 1998

	Made	12th August 1998
	Coming into force	13th August 1998

The Secretary of State, in exercise of the powers conferred on him by section 73(f) of the Education (Scotland) Act 1980[1] hereby makes the following Regulations, a draft of which has been laid before, and approved by a resolution of both Houses of Parliament:



PART I
GENERAL
Citation and commencement
    1.These Regulations may be cited as the Education (Student Loans) (Scotland) Regulations 1998 and shall come into force on 1st August 1998.

Interpretation
    2. - (1) In these Regulations, except where the context otherwise requires-

"academic year", in relation to a course, means the period of twelve months beginning on the relevant date;

"accelerated course" means a course which persons undertaking it are normally required by the institution providing it to attend (whether at premises of the institution or elsewhere) for a period of at least 40 weeks in the final year, being a course of two academic years' duration;

"the 1980 Act" means the Education (Scotland) Act 1980;

"the 1990 Act" means the Education (Student Loans) Act 1990[2];

"borrower" means a person to whom money has been lent under the 1980 Act;

"certificate of eligibility" means a certificate issued to a student under regulation 5(7);

"designated course" means a course designated by regulation 4(1) or by the Secretary of State under regulation 4(4);

"disability related benefit" means long term incapacity benefit or short term incapacity benefit at the higher rate, severe disablement allowance, disability living allowance, industrial injuries benefit and disability working allowance, all payable under the Social Security Contributions and Benefits Act 1992[3], or the amount of any disability premium and severe disability premium included in the applicable amount in calculating the income support payable under the Income Support (General) Regulations 1987[4];

"EEA Agreement" means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992[5] as adjusted by the Protocol signed at Brussels on 17th March 1993[6];

"EEA migrant worker" has the meaning assigned to it in paragraph (5);

"eligible" means eligible for the purposes of these Regulations as provided for in regulation 3;

"European Community" means the territory comprised by the Member States of the European Community as constituted from time to time;

"European Economic Area" means the European Community and, subject to the conditions laid down in the EEA Agreement, the area comprised by the Republic of Iceland, the Kingdom of Norway and the Principality of Liechtenstein;

"the Islands" means the Channel Islands and the Isle of Man;

"loan" means a loan towards a student's maintenance under the 1980 Act, including the interest accrued on the loan and any penalties and charges made in connection with it;

"period", in relation to an academic year, means one of the periods in that year from 1st January to 31st March, 1st April to 30th June, 1st July to 31st July, or 1st August to 31st December;

"periods of work experience" means periods of industrial, professional or commercial experience associated with full time study at an institution but at a place outside the institution;

"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[7] as extended by the Protocol thereto which entered into force on 4th October 1967[8] and any reference to the child of a refugee includes a reference to a step-child;

"relevant date", in relation to a course, means-

(a) as respects a course starting in the period 1st August to 31st December, 1st August;

(b) as respects a course starting in the period 1st January to 31st March, 1st January;

(c) as respects a course starting in the period 1st April to 30th June, 1st April;

(d) as respects a course starting in the period 1st July to 31st July, 1st July,

in each case the relevant date being in the year of commencement of the appropriate academic year of the course;

"responsible person" means a consular officer, minister of religion, medical or legal practitioner, established civil servant, teacher or police officer;

"sandwich course" means a course consisting of alternate periods of full-time study in an institution and periods of work experience so organised that, taking the course as a whole, the student attends the periods of full-time study for an average of not less than 19 weeks in each year; and for the purposes of calculating his attendance the course shall be treated as beginning with the first period of full-time study and ending with the last such period; and

"student loan account number" means the account number assigned by the lender to a loan made under the 1980 Act, the 1990 Act, the Teaching and Higher Education Act 1998[9], the Education (Student Loans) (Northern Ireland) Order 1990[10] or the Education (Student Support) (Northern Ireland) Order 1998[11].

    (2) For the purposes of these Regulations a person who is ordinarily resident in Scotland as a result of having moved from England, Northern Ireland, Wales, the Channel Islands or the Isle of Man for the purpose of attending his present course or a previous designated course which (disregarding any intervening vacation) he was attending immediately before commencing his present course shall be considered to be ordinarily resident in the place from which he moved.

    (3) For the purposes of these Regulations a person shall be treated as ordinarily resident in the United Kingdom and Islands or in the European Economic Area if he would have been so resident but for the fact that he, his spouse or his parent, guardian or any other person having parental responsibility for him, or any person having care of him when he is a child is, or was, temporarily employed outside the United Kingdom and Islands, or as the case may be, outside the European Economic Area and, paragraph 7(c) of Schedule 1 shall not apply in the case of such a person.

    (4) For the purposes of these Regulations an area which-

(a) was previously not part of the European Community or the European Economic Area, but

(b) at any time before or after these Regulations come into force has become part of one or other or both of those areas,

shall be considered to have always been part of the European Economic Area.

    (5) In these Regulations a reference to an EEA migrant worker is a reference to a person who is a national of a Member State of the European Economic Area who has taken up an activity as an employed person in the United Kingdom-

(a) under Council Regulation (EEC) No 1612/68 on freedom of movement of workers within the Community[12], as extended by the EEA Agreement; or

(b) in circumstances where as a national of the United Kingdom he has an enforceable Community right to be treated no less favourably than a national of another Member State in relation to matters which are the subject of the above mentioned Council Regulation.

PART II
ELIGIBILITY
Eligible student
    3. - (1) A student shall be an eligible student in relation to an academic year of a course for the purposes of these Regulations if-

(a) he is a person mentioned in Schedule 1;

(b) he is attending a designated course;

(c) he is under the age of 50 years on the first day of the course;

(d) he is not eligible to receive a loan in relation to the academic year of the course under the 1990 Act or the Education (Student Loans) (Northern Ireland) Order 1990;

(e) he has not received a loan in relation to the academic year of another course which year ended after the first day of the academic year in question;

(f) he is not eligible to receive in relation to the academic year-


(i) any payment under a bursary or award of similar description bestowed on him under section 63 of the Health Services and Public Health Act 1968[13] the amount of which is not calculated by reference to his income; or

(ii) any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 1992[14];



(g) he is not in breach of any obligation to repay any loan;

(h) subject to paragraph (4), he has ratified any agreement for a loan made with him when he was under the age of 18; and

(i) he has a bank or building society account into which any amount lent to him may be paid by electronic transfer.

    (2) For the purposes of paragraph (1)(c) and Schedule 1 if, with the agreement of the institution or institutions in question, a student withdraws from a designated course without completing it and, disregarding any intervening vacation, immediately commences attending another designated course provided by the same or by a different institution, the first day of the first course shall be regarded as the first day of the second course, or as the first day of a third or further course which the student has commenced attending in the same fashion.

    (3) For the purposes of paragraph (1)(e), (g) and (h) "loan" includes a loan made under the 1980 Act, the 1990 Act, the Education (Student Loans) (Northern Ireland) Order 1990, the Teaching and Higher Education Act 1998, or the Education (Student Support) (Northern Ireland) Order 1998.

    (4) Paragraph (1)(h) shall only apply, in a case where the agreement for a loan is subject to the law of Scotland, if it was made-

(a) before 25 September 1991, and

(b) with the concurrence of the borrower's curator, or at a time when he had no curator.

Designated courses
    4. - (1) A course shall be designated for the purposes of regulation 3(1)(b) if it is-

(a) mentioned in Schedule 2;

(b) a full-time course within the meaning of paragraph (2);

(c) of at least one academic year's duration; and

(d) wholly provided by an educational institution or institutions in the United Kingdom maintained or assisted by recurrent grants out of public funds or is provided by such an institution or institutions in conjunction with an institution or institutions outside the United Kingdom.

    (2) A full-time course is a sandwich course or a course-

(a) which persons undertaking it are normally required by the institution providing it to attend (whether at premises of the institution or elsewhere)-


(i) in the case of a course of one academic year's duration, for a period of at least 24 weeks; and

(ii) in the case of a course of two or more academic years' duration, for a period of at least 24 weeks in each academic year except the final year and of at least eight weeks in the final year; and



(b) the nature of which is such that a person undertaking it would normally require to undertake periods of study, tuition or work experience which together amount in each academic year to an average of at least 21 hours a week as respect the periods of attendance mentioned in sub-paragraph (a) above for the year.

    (3) For the purposes of these Regulations, a course is provided by an institution if it provides the teaching and supervision which comprise the course, whether or not it has entered an agreement with the student to provide the course.

    (4) For the purposes of regulation 3(1) the Secretary of State may designate courses of higher education which do not meet the qualifications set out in paragraph (1).

Certificate of eligibility
    5. - (1) A student shall demonstrate his eligibility by completing an eligibility questionnaire and by providing such supporting evidence of eligibility as the Secretary of State may require.

    (2) Without restricting the generality of paragraph (1) a student shall produce-

(a) if he was born in the United Kingdom, a certificate issued by the appropriate authority showing the date of his birth;

(b) if he was born outside the United Kingdom, a valid passport, unless he is a refugee or does not hold one, and in any event a letter or other document issued by a responsible person which contains particulars of his date, place and country of birth and his full name at birth;

(c) a United Kingdom national insurance card, or some other document issued or sent to the student by a government department or agency or by an employer which refers to his national insurance number, unless he does not have such a number;

(d) evidence of the student's bank or building society sort code and account number; and

(e) evidence from his institution that he has commenced attending a designated course and of the duration of that course.

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

    (4) If the Secretary of State considers that a student is an eligible student he shall issue to the student an eligibility form for the student to complete.

    (5) An eligibility form shall include the following particulars:-

(a) the full name of the student, and his or her sex;

(b) the student's United Kingdom national insurance number, unless he does not have one;

(c) the student's most recent student loan account number, if any;

(d) if the student's full name at birth was different from the above name, his full name at birth;

(e) the country in which the student was born;

(f) if the student was born in the United Kingdom, the district or subdistrict where his birth certificate was issued;

(g) the student's date of birth;

(h) the student's home and term-time address and telephone number, and an indication to which address correspondence should be sent;

(i) whether the student was on the first day of the course ordinarily resident for the purpose of these Regulations in England and Wales, Scotland or Northern Ireland;

(j) the student's bank or building society sort code and account number;

(k) the student's age on the first day of the course;

(l) the date on which the student started, and the date on which he expects to complete, his course;

(m) whether the course is-


(i) for a Postgraduate Certificate of Education or Art Teacher's Certificate;

(ii) an accelerated course; or

(iii) another designated course;



(n) the name of the institution which provides the designated course, and if any part of the course is provided by an institution other than that institution an indication to that effect;

(o) the number of academic years of the course and whether the student is in the first, second, third or other of those years on the date the certificate is signed.

    (6) The student shall sign a declaration on the eligibility form that-

(a) the particulars given in the eligibility form are correct to the best of his knowledge and belief; and

(b) he will notify the Secretary of State of any change in them.

    (7) If the Secretary of State is satisfied that the particulars in the eligibility form are correct and that the student is an eligible student he shall certify those matters to the best of his knowledge and belief and also certify the amount of loan for maintenance to which he considers the student is entitled (a "certificate of eligibility").

    (8) The Secretary of State shall issue to each student whose eligibility he has certified an application form which identifies the particular certificate of eligibility.

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Notes:

[1] 1980 c.44. Section 73(f) was amended to permit the Secretary of State to pay loans by section 29(1) of the Teaching and Higher Education Act 1998 (c.30). Section 133 was amended by section 44(1) of, and paragraph 4 of Schedule 3 to, that Act to require the first Regulations made under section 73(f) with respect to loans to be laid before Parliament in draft and approved by a resolution of each House of Parliament.back

[2] 1990 c.6; amended by the Further and Higher Education Act 1992 (c.13), Schedule 8, paragraph 67; by the Further and Higher Education (Scotland) Act 1992 (c.37), Schedule 9, paragraphs 12(2) and (3); by the Education Act 1994 (c.30), Schedule 2, paragraph 9; by the Education (Student Loans) Act 1996 (c.9), section 1(1) and the Schedule; by the Education Act 1996 (c.56), Schedule 37, paragraph 98 and Schedule 38, and by the Education (Student Loans) Act 1998 (c.1), sections 1 to 3.back

[3] 1992 c.4; amended by the Social Security (Incapacity for Work) Act 1994 (c.18), sections 1 to 3, 5 to 6, 8 to 11 and Schedules 1 and 2.back

[4] S.I. 1987/1967 (see Parts III and IV of Schedule 2); the relevant amending regulations are S.I. 1988/663, 1988/2022, 1989/1678, 1991/1559, 1991/2742, 1993/1150, 1993/2119, 1994/2139, 1994/3061, 1995/482, 1995/516 and 1997/543.back

[5] Cmnd 2073.back

[6] Cmnd 2183.back

[7] Cmnd 9171.back

[8] Cmnd 3906 (Out of print: photocopies are available, free of charge, from the Student Awards Agency for Scotland, Gyleview House, 3 Redheughs Rigg, South Gyle, Edinburgh EH12 9HH or the Student Support Division, Department for Education and Employment, Mowden Hall, Staindrop Road, Darlington DL3 9BG).back

[9] 1998 c.30.back

[10] S.I. 1990/1506 (N.I. 11).back

[11] S.I. 1998/1760 (N.I. 14).back

[12] OJ No. L257, 19.10.68, p.2 (OJ/SE 1968 (II), p.475).back

[13] 1968 c.46; section 63 was amended by the National Health Services Reorganisation Act 1973 (c.32), Schedule 4, paragraph 124 and Schedule 5, the National Health Service Act 1977 (c.49), Schedule 15, paragraph 45 and Schedule 16, the National Health Services (Scotland) Act 1978 (c.29), Schedule 16, paragraph 26(2) and Schedule 17, the Health Services Act 1980 (c.53), sections 1, 2 and Schedule 1, Part I, paragraph 19(3), the Local Government Act 1985 (c.51), Schedule 17, the Family Practitioner Committees (Consequential Modifications) Order 1985 (S.I. 1985/39), article 6(1), the Health and Medicines Act 1988 (c.49), section 20, section 25(2) and Schedule 3, the Local Government (Scotland) Act 1994 (c.39), section 180(1) and Schedule 13, paragraph 74(1) and (2), the Health Authorities Act 1995 (c.17), Schedule 1, paragraph 95(1) and (2), the Local Government Reorganisation (Wales) (Consequential Amendments) (No.2) Order 1996 (S.I. 1996/1008), the Schedule, paragraph 1 and the National Health Service (Primary Care) Act 1997 (c.46), Schedule 2, paragraph 1(4).back

[14] S.I. 1992/580.back

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