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Statutory Instrument 2004 No. 161The Education (Student Support) (No. 2) Regulations 2002 (Amendment) Regulations 2004(The document as of February, 2008) STATUTORY INSTRUMENTS2004 No. 161EDUCATION, ENGLAND AND WALESThe Education (Student Support) (No. 2) Regulations 2002 (Amendment) Regulations 2004
The Secretary of State for Education and Skills, in exercise of the powers conferred upon him by sections 22, 42(6) and 43(1) of the Teaching and Higher Education Act 1998[1] hereby makes the following Regulations: Citation, commencement and interpretation 1.These Regulations may be cited as the Education (Student Support) (No. 2) Regulations 2002 (Amendment) Regulations 2004 and shall come into force on 1st September 2004. 2.In these Regulations, "the 2002 Regulations" means the Education (Student Support) (No. 2) Regulations 2002[2]. Amendment of the 2002 Regulations 3.The 2002 Regulations shall be amended in accordance with these Regulations. 4. - (1) Regulation 2(1) shall be amended in accordance with this regulation. (2) "33" shall be substituted for "34" in the definition of "eligible student". (3) "31, 32 or 33" shall be substituted for "31, 33 or 34" in the definition of "eligible part-time student". 5.Paragraph (6) of regulation 3 shall be omitted. 6.In paragraph (2) of regulation 6, "nine" shall be substituted for "four" wherever it appears. 7. - (1) Regulation 10 shall be amended in accordance with this regulation. (2) The following shall be substituted for sub-paragraph (d) of paragraph (4):
(3) The following shall be inserted after paragraph (6):
(4) The words "the first day on which the student was required to start attending" shall be substituted for the words "the first day on which students were ordinarily required to start attending" in sub-paragraph (a) of paragraph (9).
(3) The following shall be substituted for sub-paragraph (c): -
9. - (1) Regulation 15 shall be amended in accordance with this regulation.
(b) for no grant in any other case." (3) In paragraph (11), the words "paragraph 2(1)(a)" shall be substituted for the words "paragraph 3(1)(a) of Part II" wherever they appear.
17A. - (1) Subject to the following paragraphs, an eligible student shall be eligible for a grant up to the maximum amount of £1,000 payable in accordance with paragraph (5) for the purpose of defraying the cost of books, equipment, travel or childcare incurred for the purpose of attending a course of higher education. (2) An eligible student shall not be eligible for grant under paragraph (1) unless he is on a course which begins on or after 1st September 2004, and for the purpose of this paragraph "course" shall not include an end-on course in relation to a course which begins before 1st September 2004. (3) Paragraphs (2) to (6) of regulation 10 shall apply in relation to this regulation as they apply in relation to grants under Part III. (4) For the purposes of paragraph (5), an eligible student's household income shall be calculated pursuant to Schedule 3. (5) An eligible student shall receive grant as follows:
(b) in any case where the household income exceeds £15,200 and does not exceed £21,185, for every complete £6.30 by which the household income exceeds £15,200 he shall receive £1 less than the maximum amount of grant available; and (c) in any case where the household income exceeds £21,185, no grant shall be payable under this regulation." 11. - (1) The words "wholly or partly" shall be inserted after the words "at a site" in the following provisions:
(ii) regulation 19(2)(b)(i)(b); (iii) regulation 19(10)(b)(i)(b); (iv) regulation 23(5)(b)(i)(b); and (v) regulation 23(6)(b)(i)(b). (2) The words "wholly or partly" shall be inserted after the words "at a site or sites" in the following provisions:
(ii) regulation 19(2)(b)(i)(c); (iii) regulation 19(10)(b)(i)(c); (iv) regulation 23(5)(b)(i)(c); and (v) regulation 23(6)(b)(i)(c). 12. - (1) Regulation 19 shall be amended in accordance with this regulation.
(3A) Paragraph (3) shall not apply to an eligible student on a course which begins on or after 1st September 2004." (3) Paragraph (4) shall be omitted.
(6A) Paragraph (6) shall apply in relation to paragraph (1)(b)(ii) or paragraph (2)(b)(ii) so that the rate of loan specified in those sub-paragraphs is payable only in respect of a quarter where the student is attending an overseas institution for at least one half of that quarter." (5) The following shall be substituted for paragraph (7):
(6) The following shall be substituted for the table in paragraph (12):
(7) The following shall be substituted for the table in paragraph (13):
13.Regulation 21 shall be omitted. 14.The following shall be substituted for paragraph (1) of regulation 22:
15. - (1) Regulation 23 shall be amended in accordance with this regulation.
17. - (1) Regulation 25 shall be amended in accordance with this regulation.
(3) The words "other than a loan under regulation 21" shall be omitted -
(b) in paragraph (10). 18.For Part VIII of the 2002 Regulations there shall be substituted the Part VIII set out in Schedule 1 to these Regulations. Eligible part-time students 27. - (1) Subject to and in accordance with this Part a person shall be eligible for assistance under regulation 29 or 30 in connection with his undertaking a designated part-time course if he is an eligible part-time student in accordance with the following paragraphs of this regulation. (2) Subject to and in accordance with the following paragraphs, an eligible part-time student shall be a person mentioned in Schedule 1, provided that a person shall not be eligible for assistance under regulation 29(1)(b) or regulation 30 if he is a person mentioned in paragraph 7 of Schedule 1 and not in any other paragraph of that Schedule. (3) Subject to and in accordance with the following paragraphs, an eligible part-time student shall be eligible for assistance if, in respect of the second and any subsequent year of his part-time course, he is resident in England and Wales on the first day of the academic year. (4) An eligible part-time student shall not be eligible for assistance under regulation 29 if -
(b) there have been paid to him 8 loans in connection with his undertaking one or more designated part-time courses. (5) For the purposes of paragraph (4)(a), a degree shall not be treated as a first degree where -
(b) the course was undertaken at an educational institution in the United Kingdom; and (c) the eligible part-time student is registered to continue the course at the same educational institution after the award of his degree so as to obtain an honours degree on completion of the required modules, examinations or other form of assessment. (6) A person shall not be eligible under this regulation if -
(ii) any allowance under the Nursery and Midwifery Student Allowances (Scotland) Regulations 1992; or (iii) any allowance under sections 73(f) and 74(1) of the Education (Scotland) Act 1980 where that part-time course leads to a qualification in a healthcare profession, other than as a medical doctor or dentist, whether or not the amount of such allowance is calculated by reference to his income; (b) he is in breach of any obligation to repay any loan; (7) Paragraph (6)(e) shall not apply in respect of an academic year during which the student enters prison to serve a custodial sentence or is released from prison having served such a sentence.
(b) with the concurrence of the borrower's curator, or at a time when he had no curator. (10) A person shall not be eligible for assistance for more than one designated part-time course at any one time.
(b) any academic year subsequent to an academic year within sub-paragraph (a). (12) Where a person who meets the requirements of this regulation is notified of that fact by the Secretary of State under regulation 31(5), he shall thereafter be an eligible part-time student for the purposes of these Regulations.
(b) it equals or exceeds one academic year's duration and does not exceed twice the period normally required to complete a full-time course leading to the same qualification; (c) it is wholly provided by an educational institution or institutions in the United Kingdom which are maintained or assisted by recurrent grants out of public funds or is provided by such institution or institutions in conjunction with an institution or institutions outside the United Kingdom; and (d) it is not designated by or under regulation 5. (2) Paragraphs (5) and (6) of regulation 5 shall apply for the purposes of paragraph (1) as they apply for the purposes of paragraph (1) of that regulation.
(ii) "the actual fees", being the amount of fees charged in respect of the designated course; and (b) a grant not exceeding £250 for books, travel and other expenditure in connection with the designated course. (2) An eligible part-time student shall be eligible for assistance in respect of an academic year in accordance with this regulation as follows:
(ii) under Part 1 of the Jobseekers Act 1995[4] to income-based jobseekers allowance or under section 2 of the Employment and Training Act 1973[5] to new deal allowance; (b) subject to sub-paragraph (a), an eligible part time student shall be assessed for assistance under paragraph (6). (3) Subject to paragraph (4), for the purposes of paragraph (5), an eligible part-time student's financial resources for a financial year means the aggregate of his income for that year together with the aggregate of the income for that year of any person who at the date of his application for assistance is his spouse.
(b) £2,000 in respect of the only or eldest child who is dependent on him or on his spouse; and (c) £1,000 in respect of each other such child. (6) Subject to paragraphs (7) and (8), an eligible part-time student shall receive assistance as follows:
(b) in any case where the relevant income is £14,600, the maximum amount of assistance available under paragraph (1)(b) together with £50 less than the maximum amount of assistance available under paragraph (1)(a); and (c) in any case where the relevant income exceeds £14,600, the assistance available under paragraph (1) shall be reduced by £50 and also by £1 for every complete £9.50 by which the relevant income exceeds £14,600. (7) Where an eligible part-time student is eligible to receive assistance under paragraph (6)(c) -
(b) any deduction from the maximum amount of the assistance available shall apply firstly to the assistance provided under paragraph (1)(a) and when no assistance is provided under that paragraph to paragraph (1)(b). (8)
(b) Subject to sub-paragraph (c), any deduction under paragraph (6)(b) or (c) from the maximum amount of the assistance provided under paragraph (1)(a) shall itself be reduced by the difference. (c) Where the resulting amount of the deduction would be negative under sub-paragraph (b), the student shall receive the maximum amount of assistance available under paragraph (1)(a). (9) In any academic year, an eligible part-time student shall not receive under this regulation assistance in excess of the maximum amount available to him under paragraph (1) in relation to a single designated part-time course, and where under regulation 32 a student receives assistance in relation to more than one such course, he shall not receive more than he would have received in relation to the course in respect of which he would have been eligible for the greatest amount of assistance.
(b) "current financial year" means the financial year which includes the first day of the academic year in respect of which a person's eligibility for assistance is being assessed; (c) "dependent" means wholly or mainly financially dependent; (d) "financial year" means the period of twelve months for which the income of the eligible part-time student is computed for the purposes of the income tax legislation which applies to it; (e) "income" means gross income from all sources excluding any tax credits awarded pursuant to any claims made under section 3 of the Tax Credits Act 2002; (f) "partner" means a woman ordinarily living with a male part-time student as his wife or a man ordinarily living with a female part-time student as her husband; (g) "spouse" includes
(ii) in the case of an eligible part-time student aged 25 or over on the first day of the academic year in respect of which his eligibility for assistance is being assessed, a partner, but it does not include a spouse of an eligible part-time student where they have ceased ordinarily to live together, whether or not an order for their separation has been made by any court, or where the spouse is ordinarily living outside the United Kingdom and is not maintained by him. Grants for disabled part-time students' living costs
(b) for the amount specified in regulation 13(2)(d) of £1,140. Applications for assistance
(b) the student, or his spouse or parent, is recognised as a refugee or has been granted leave to enter or remain as mentioned in paragraph 3 of Schedule 1 after the first day of that academic year, the application must reach the Secretary of State not later than six months after the date of recognition or the date the leave was granted respectively; or (c) the Secretary of State considers that having regard to the circumstances of the particular case the time limit should be relaxed, the application must reach the Secretary of State not later than such date as he specifies. (3) Where an eligible part-time student is applying for assistance under regulation 30 the application form must reach the Secretary of State as soon as it is reasonably practical.
(b) in respect of any subsequent application, notify him that he is eligible for the assistance for which he has applied. Transfer of eligibility
(b) the student starts to undertake a part-time course at another institution; or (c) after commencing a part-time course for a first degree (other than an honours degree) the student is before the completion of that course admitted to a part-time course for an honours degree in the same subject or subjects at the institution. (2) The Secretary of State, on being satisfied of the matters referred to in paragraph (1) and that the second course is a designated part-time course, shall transfer the eligible part-time student's eligibility, and thereafter the student shall (subject to regulation 29(9)) be an eligible part-time student in connection with his undertaking the second course, whether or not he may have been so eligible if he had applied under regulation 31.
(b) the eligible student ceases to attend his course and starts to undertake a designated part-time course at another institution. (2) On being satisfied of the matters referred to in paragraph (1), the Secretary of State shall convert the eligible student's eligibility, and thereafter the student shall for all purposes cease to be an eligible student and shall (subject to regulation 29(9)) be an eligible part-time student in connection with his undertaking the second course, whether or not he may have been so eligible if he had applied under regulation 31.
(b) the maximum amount of grant to which the student would, apart from this regulation, be entitled pursuant to regulation 30 in connection with his undertaking a designated part-time course in respect of that academic year shall be reduced by one third, where the student became an eligible part-time student during the second quarter of the academic year, and by two thirds where he became such a student in a later quarter of that year; (c) where an amount of grant for any purpose has been paid to the student under regulation 13 in a single instalment, the maximum amount of grant payable to him pursuant to regulation 30 for that purpose shall be reduced (or where sub-paragraph (b) applies further reduced) by the amount of grant paid to him for that purpose pursuant to regulation 13, and where the resulting amount is nil or a negative amount that amount shall be nil; and (d) where immediately before he became an eligible part-time student he was eligible to apply, but had not applied, for a loan for living costs in respect of that year under regulation 20, or had not applied for the maximum amount or increased maximum for which he was entitled under regulation 20, he may apply for such a loan or such additional amount of loan in accordance with regulation 20 as if he had continued to be an eligible student under Part II; and in the circumstances mentioned in paragraph (5) the maximum or increased maximum amount of such loan for the academic year shall be reduced in accordance with that paragraph. (5) Where the application under paragraph (1) is made during the first quarter of the academic year in respect of which the loan is payable the maximum amount or increased maximum amount of loan (as the case may be) shall be reduced by two thirds, and where the application is made during the second quarter of that year that amount shall be reduced by one third.
(b) the eligible part-time student ceases to undertake his course and starts to attend a course designated by or under regulation 5 at another institution. (7) The Secretary of State, on being satisfied of the matters referred to in paragraph (6), shall convert the eligible part-time student's eligibility, and thereafter the student shall for all purposes cease to be an eligible part-time student and shall be an eligible student in connection with his attendance at the second course, whether or not he may have been so eligible if he had applied under regulation 6.
(b) any assistance to which the student is entitled under this Part in respect of that year shall be ignored in determining the amount of assistance to which he may be entitled in respect of that year under Parts III to V; (c) the maximum amount of any assistance under Part IV or V to which the student would, apart from this regulation, be entitled in connection with his attendance at a designated course in respect of that academic year shall be reduced by one third, where the student became an eligible student during the second quarter of that academic year, and by two thirds where he became such a student in a later quarter of that year; and (d) where an amount of grant for any purpose has been paid to the student pursuant to regulation 30 in a single instalment, the maximum amount of grant payable to him under regulation 13 for that purpose shall be reduced (or where sub-paragraph (c) applies further reduced) by the amount of grant paid to him for that purpose pursuant to regulation 30 and where the resulting amount is nil or a negative amount that amount shall be nil. Termination of eligibility
(b) any information which he has provided is inaccurate in a material particular. (2) In a case falling within paragraph (1) the student shall, if so required by the Secretary of State, repay any amount paid to the student which for whatever reason exceeds the amount of grant to which he is entitled under the relevant regulation.
(b) by taking such other action for the recovering of a payment made without statutory authority as is available to him. (4) In a case falling within paragraph (1), any overpayment of grant paid pursuant to regulation 30 in respect of an academic year may be recovered in such one or more of the following ways as the Secretary of State considers appropriate in all the circumstances:
(b) by subtracting the overpayment from any other grant for which the student is eligible either in respect of the academic year in question or any other academic year; (c) where the student commences any course subsequent to the course in respect of which the overpayment was made, by subtracting the overpayment from any payment of grant for living costs for which he is eligible in respect of any academic year in connection with that subsequent course; or (d) by taking such other action for the recovery of a payment made without statutory authority as is available to the Secretary of State." Definitions in Schedule 3 1.In this Schedule: -
(b) "financial year" means in relation to paragraph 4 the period of twelve months in respect of which the income of a person whose residual income is calculated under the provisions of this Schedule is computed for the purposes of the income tax legislation which applies to it; (c) "gross taxable income" means, in relation to paragraph 3, in respect of the academic year for which an application has been made under regulation 6 and, in relation to paragraph 4, in respect (subject to sub-paragraphs (4), (5) and (6) of paragraph 4) of the preceding financial year, a person's taxable income from all sources computed as for the purposes of: -
(ii) the income tax legislation of another Member State which applies to the person's income; or (iii) (where the legislation of more than one Member State applies in respect of the same period) the legislation under which the Secretary of State considers the person will pay the largest amount of tax in that period (except as otherwise provided in paragraph 4); (d) "household income" has the meaning assigned to it by paragraph 7;
(ii) the husband of an eligible student; (iii) a woman with whom a male student is ordinarily living as her husband, if he falls within paragraph 2(1)(a) and he is on a course which began on or after 1st September 2000 unless
(bb) his course is an end-on course in relation to such an end-on course as is mentioned in sub-paragraph (aa); (iv) a man with whom a female student is ordinarily living as his wife, if she falls within paragraph 2(1)(a) and she is on a course which began on or after 1st September 2000 unless
(bb) her course is an end-on course in relation to such an end-on course as is mentioned in sub-paragraph (aa); (k) "partner" in relation to the parent of a new eligible student shall mean any of the following other than another parent of the eligible student:
(ii) the husband of an eligible student's mother; (iii) a woman with whom an eligible student's father is ordinarily living as her husband; or (iv) a man with whom an eligible student's mother is ordinarily living as his wife; (l) "preceding financial year" means the financial year ending in the April immediately preceding the relevant year; Application of this Schedule to an eligible student
(b) he has been married before the beginning of the relevant year, whether or not the marriage is still subsisting; (c) he has no parents living; (d) the Secretary of State is satisfied that his parents cannot be found or that it is not reasonably practical to get in touch with them; (e) he has communicated with neither of his parents for the period of one year before the beginning of the relevant year or in the opinion of the Secretary of State can demonstrate on other grounds that he is irreconcilably estranged from his parents; (f) he has pursuant to an order of a competent court been in the custody or care of, or has been provided with accommodation by, any legal person who is not the student's parent throughout any three month period ending on a date on or after the date on which he attains the age of 16 and before the first day of his course ("the relevant period") (provided that he has not in fact at any time during the relevant period been under the charge or control of his parents); (g) his parents are residing outside the European Community and the Secretary of State is satisfied that either
(ii) it would not be reasonably practical for those parents as a result of the calculation of any contribution under paragraph 8 to send any relevant funds to the United Kingdom; (h) paragraph 4(10) applies and the parent whom the Secretary of State considered the more appropriate for the purposes of that paragraph has died (irrespective of whether the parent in question had a partner within paragraph 1(k));
(ii) he was in receipt of benefit payable by any relevant authority in respect of a person who is available for employment but who is unemployed; (iii) he was available for employment and had complied with any requirement of registration imposed by a relevant authority as a condition of entitlement for participation in arrangements for training or receipt of benefit; (iv) he held a State Studentship or comparable award; (v) he received any pension, allowance or other benefit paid by any person by reason of a disability to which he is subject, or by reason of confinement, injury or sickness; or (vi) he could not reasonably have been expected to support himself out of his earnings because he had the care of a person under the age of 18 years who was wholly or mainly financially dependent on him. (2) The household income of an eligible student not falling within sub-paragraph (1) shall be calculated under paragraph 7(1)(a) of this Schedule.
(b) the gross amount of any premium or other sum paid by the eligible student in relation to a pension (not being a pension payable under a policy of life insurance) in respect of which relief is given under section 273, 619 or 639 of the Income and Corporation Taxes Act 1988[6], or where the eligible student's income is computed for the purposes of the income tax legislation of another Member State, the gross amount of any such premium or sum in respect of which relief would be given if that legislation made provision equivalent to the Income Tax Acts; (c) any payment made by virtue of any agreement, instrument or enactment by the eligible student for the maintenance of his child or former partner. (2) Where an eligible student is a person referred to in paragraph 7 of Schedule 1 and not in any other paragraph of that Schedule and his income arises from sources or under legislation different from sources or legislation normally relevant to a person referred to in paragraph 1 of Schedule 1, his income shall not be disregarded in accordance with sub-paragraph (1) but shall instead be disregarded to the extent necessary to ensure that he is treated no less favourably than a person who is referred to in any paragraph of Schedule 1 would be treated if in similar circumstances and in receipt of similar income.
(b) otherwise, the value of the sterling which the income would purchase using the rate for the month in which it is received published by the Office for National Statistics[7]. Calculation of parent's residual income
(b) in respect of any payment made under covenant; (c) pursuant to any enactment or rule of law under which payments which would otherwise under United Kingdom law form part of a person's income are not treated as such; or (d) pursuant to any United Kingdom enactment irrespective of whether, if the person's income is determined for the purposes of another Member State, they would not be so permitted. (2) For the purposes of determining the residual income of an eligible student's parent, there shall be deducted from his gross taxable income the aggregate of any amounts falling within any of the following sub-paragraphs: -
(b) in any case where income is computed for the purposes of the Income Tax Acts by virtue of sub-paragraph 7, any sums equivalent to the deduction mentioned in sub-paragraph (a), provided that any sums so deducted shall not exceed the deductions which would be made if the whole of the eligible student's parent's income were in fact taxable income for the purposes of the Income Tax Acts; (c) in the case of a parent student or an eligible student's parent who holds a statutory award, £1,000. (3) Where, in pursuance of any instrument or by virtue of any applicable legislation, any income is applied by any person for or towards the maintenance, education or other benefit of the eligible student or of any person dependent on the student's parent, or payments made to his parent are required to be so applied, that income, or those payments, shall be treated as part of the gross taxable income of the parent.
(b) the income does not arise in the United Kingdom, or where the parent's income is computed as for the purposes of the income tax legislation of another Member State, does not arise in that Member State; or (c) the income arises from an office, service or employment, income from which is exempt from tax in pursuance of any legislation, his gross taxable income for the purposes of this Schedule shall be computed as though the income under this sub-paragraph were part of his taxable income.
(b) that parent's income has been or would be taken into account for the purpose of determining the household income, the household income shall -
(d) where the parent dies during the relevant year, be the aggregate of -
(ii) the appropriate proportion of the household income determined by reference to the income of the surviving parent, being the proportion in respect of that part of the relevant year remaining after the death of the other parent. (10) Where the parents do not ordinarily live together throughout the relevant year, the household income shall be determined by reference to the income of whichever parent the Secretary of State considers the more appropriate under the circumstances.
(b) the appropriate proportion of the household income determined otherwise in respect to the remainder of the relevant year. Calculation of eligible student's partner's residual income
(b) in the case of an eligible student falling within paragraph 2(3), the residual income of the eligible student aggregated (subject to sub-paragraph (3)) with the residual income of the eligible student's partner; or (c) in the case of an eligible student falling within paragraph 2(4), the residual income of the eligible student. (2) There shall be deducted from the sum of the household income under sub-paragraph (1) the sum of £1,000
(b) for each child other than the eligible student wholly or mainly financially dependent on the eligible student's parent or the eligible student's parent's partner. (3) For the purpose of calculating the contribution payable in respect of a parent student, the residual income of the parent student's partner shall not be aggregated under sub-paragraph (1)(b) in the case of a parent student whose child or whose partner's child holds an award:
(b) in respect of which a parental contribution is otherwise applicable with reference to the parent student or his partner. Calculation of contribution
(b) in any case where the household income is less than £21,475 be nil. (2) In relation to an eligible student falling within paragraph 2(4), the contribution shall
(b) in any case where the household income is less than £10,000 be nil. (3) The amount of the contribution payable under sub-paragraphs (1) or (2) shall in no case exceed £7,075.
(b) the contribution which would have been payable if only one eligible student held an award. (5) Paragraph (4) applies where a contribution is payable in relation to -
(b) more than one eligible student falling within paragraph 2(3), in respect of the same household income. Split contributions
(ii) the eligible student's parent; or (iii) the eligible student's parent's partner, the contribution payable in respect of the eligible student shall be such proportion of any contribution calculated under paragraph 8 as the Secretary of State, after consultation with any other authority involved, considers just, taking into account the application of paragraph 6 of this Schedule to new eligible students and existing students respectively;
(ii) then, in increasing order of size, in relation to each remaining statutory award to which the contribution may apply, until the balance of the contribution can be apportioned equally without any part of it remaining or until there remains no part of any statutory award to which the contribution has not been applied. (2) In any case where
(b) a contribution is payable in relation to more than one eligible student who is the child of either the eligible student's parent or the eligible student's parent's partner; and (c) the amount payable in relation to each eligible student is not equal to the amount payable in respect of every other eligible student, the contribution in respect of each eligible student shall be calculated under paragraph (3).
(b) there shall then be applied in addition in respect of each eligible student a further contribution of £1 for every complete £9.50 by which the sum calculated under sub-paragraph (c) exceeds £21,475; (c) the sum referred to in sub-paragraph (b) shall be the aggregate of any amounts calculated under paragraphs 3, 4 and 6 (where appropriate) of this Schedule with the deduction of the amount (if any) by which the aggregate of the amounts calculated under paragraphs 4 and 6 exceeds £21,475. (5) Subject to sub-paragraph (6), there shall be added to a parent student's residual income for the purpose of calculating the contribution to his statutory award any sum remaining: -
(b) where a parent student is the parent of more than one eligible student, any sum remaining after the apportionment of the contribution to his children under this paragraph. (6) Where a parent student has a partner within paragraph 1(k) of this Schedule, the sums added to his residual income under sub-paragraph (5) of this paragraph shall be calculated as though the contribution in respect of his children had been assessed with reference to paragraph 6 of this Schedule, whether or not the contribution was actually calculated on that basis.
(This note is not part of the Regulations) These Regulations amend the Education (Student Support) (No 2) Regulations 2002 (SI 2002/3200) ("the 2002 Regulations"). Changes in relation to the rates of fees, grants and loans are specified in Schedule 3 to and in paragraphs (6) and (7) of regulation 12 of these Regulations. Changes of substance to the 2002 Regulations are described below. Regulation 3 of the 2002 Regulations is amended to revoke obsolete transitional measures in relation to the Education (Student Support) Regulations 1998 (SI 1998/2003). Regulation 6 of the 2002 Regulations (applications for financial support) is amended to allow students nine months instead of four from the start of the academic year in which to apply for support. Regulation 10 of the 2002 Regulations (eligibility for grants for fees) is amended to ensure that paragraph (4), which allows certain exceptions to the bar on eligibility for students who have attended previous courses, only applies in relation to students who have failed to complete previous courses for compelling personal reasons where the previous course in question was the most recent course on which the student enrolled. A further technical amendment to paragraph (9) ensures that consent to the transfer of a course is required to be given within the appropriate timescale where a student repeats a year of study. Regulation 15 of the 2002 Regulations (grants for dependants) is amended in relation to paragraph (4), which concerns an eligible student who maintains a dependent who is ordinarily resident outside the United Kingdom. The Secretary of State's discretion in this respect is removed, and the student is eligible for the maximum amount of grant only if he maintains a dependant who is ordinarily resident in the United Kingdom for six months or more of the relevant academic year. A new regulation 17A is inserted into the 2002 Regulations to make provision for a new grant, to be called the Higher Education Grant, for new students starting courses from 1st September 2004. Where household income is £15,200 or less the student will receive £1,000, and a reduced amount will be available on a tapering basis to those whose income is above that threshold but which does not exceed £21,185. The purpose of the grant is to defray costs incurred in connection with attending a course of higher education. Regulations 19 (maximum amounts of loans) and 23 (application of contribution) of the 2002 Regulations are amended to make provision, in relation to appropriate rates of loan, for students attending courses at a site or sites wholly or partly within the City of London or Metropolitan Police District, to cover those institutions which are not wholly within the relevant area. Regulation 19 is further amended to provide that although under certain circumstances a student who is in fact residing at his parents' home may be treated as though he were not, for the purpose of the applicable rate of loan. This does not apply to students beginning courses on or after 1st September 2004. Another amendment removes the Secretary of State's discretion in relation to cases where different rates of loan apply in relation to parts of the year, and provides instead that the applicable rate for any quarter will be that which applies in relation to the majority of that quarter or, where the student changes circumstances exactly midway through a quarter, whichever of the relevant rates is higher. Regulations 24 and 25 are amended to substitute an obligation for the Secretary of State's discretion in relation to making provisional payments where there has been a delay in calculating the amount of grant or loan which is payable. A new Part VIII (assistance for part-time courses) is substituted for the relevant provisions in the 2002 Regulations. The main differences from the 2002 Regulations are as follows:
(b) loans will no longer be made available in relation to part time courses. Instead, students who qualify on financial grounds will receive a grant for fees capped at half the fee grant for full-time courses, and a grant for a maximum of £250 in respect of course expenditure. The full amount will be available to students in receipt of certain benefits, or whose income (with certain disregards) is below £14,600, and a reduced grant will be available on a tapering basis to those with higher incomes (regulation 29) (c) other amendments are de-regulatory or technical. A new Schedule 3 (financial assessment) is substituted for the relevant provisions in the 2002 Regulations. The main differences from the 2002 Regulations are as follows:
(b) in relation to new students starting courses on or after 1st September 2004, the income of the spouse or co-habiting partner of the student's natural parent is taken into account (paragraph 6) (c) the student's income is aggregated with that of the parent and other relevant household members to form the household income (paragraph 7) (d) the household income threshold is £10,000 for single independent eligible students and £21,475 otherwise, and the contribution increases where the income exceeds that amount, until it reaches the total maximum contribution payable of £7,075 (paragraph 8) (e) the provisions relating to split contributions are amended to reflect these changes, particularly those relating to the spouse or co-habiting partner of the student's natural parent. Other provisions in this regard allow for calculation of contribution where a student in a family of more than one eligible student has income of his own; for unused amounts of contribution payable from the household income of an eligible student's parent who is himself an eligible student to be added to the income of that parent for the purpose of calculating his support; and to allow that calculation (where relevant) to be on the basis that the eligible student's child's contribution was assessed with reference to the parent's partner, whether or not this was the case (paragraph 9). A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business. Notes: [1]1998 c. 30. Section 22 was amended by section 146 of the Learning and Skills Act 2000 (c. 21).back [2]S.I. 2002/3200, as amended by S.I. 2003/1065.back [3]1992 c. 4. Section 131 was amended by section 103 of and Schedule 9 to the Local Government Finance Act 1992. Section 136A was inserted by section 14 of and Schedule 2 to the State Pension Credit Act 2002.back [4]1995 c. 18. Sections 3A, 3B, 4A, 15A, 20A and 20B were inserted by section 59 of and Schedule 7 to the Welfare Reform and Pensions Act 1999. Subsection (1)(cc) of section (3A) was inserted by section 14 of and Part 3 of Schedule 2 to the State Pension Credit Act 2002.back [5]1973 c. 50. Section 2 was substituted by section 25(1) of the Employment Act 1988. Subsections (3A) and (3B) were inserted by the Trade Union Reform and Employment Rights Act 1993 in relation to Scotland only. Subsections (4) and (6) were repealed by section 29(4) of and Part 1 of Schedule 7 to the Employment Act 1989.back [6]1988 c. 1. Section 273 was amended by section 35 of and paragraph 10 of Schedule 3 to the Finance Act 1988.back [7]"Financial Statistics", reference 7.1A (ISSN 0015-203X)back [8]SI 2003/1994back ISBN0 11 048492 4 -- Back --
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