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Statutory Instrument 2005 No. 52The Education (Student Support) Regulations 2005(The document as of February, 2008) STATUTORY INSTRUMENTS2005 No. 52EDUCATION, ENGLAND AND WALESEDUCATION, NORTHERN IRELANDThe Education (Student Support) Regulations 2005
The Secretary of State for Education and Skills, in exercise of the powers conferred upon her 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 extent 1. - (1) These Regulations may be cited as the Education (Student Support) Regulations 2005 and shall come into force on 1st March 2005. (2) Subject to paragraph (3), these Regulations extend to England and Wales only. (3) Regulation 28(2) extends to Northern Ireland. Interpretation 2. - (1) In these Regulations -
(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;
(b) a course mentioned in paragraph 4 of Schedule 3 the duration of which does not exceed two years (the duration of a part-time course being expressed as its full-time equivalent) which, disregarding any intervening vacation, a student begins to attend immediately after ceasing to attend a course mentioned in paragraph 1 or 4 of Schedule 3 (provided that the course in paragraph 4 was a course leading to a first degree) for which the student received or was entitled to receive a transitional award, a loan under the 1998 Regulations or support under the 1999, 2000, 2001, 2002, 2003 or 2004 Regulations;
(b) in the county of Essex, in the district of Epping Forest -
the parish of Waltham Abbey; (c) in the county of Hertfordshire -
the district of Hertsmere, in the district of Welwyn Hatfield, the parish of Northaw; and (d) in the county of Surrey -
the boroughs of Epsom and Ewell and Spelthorne, in the district of Reigate and Banstead, the area of the former urban district of Banstead;
(b) periods during which a student is employed and residing in a country whose language is one that he is studying for his course (provided that the period of residence in that country is a requirement of his 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);
(b) beginning on 1st April and ending on 30th June; (c) beginning on 1st July and ending on 31st August; or (d) beginning on 1st September and ending on 31st December;
(b) Biotechnology and Biological Sciences Research Council, (c) Economic and Social Research Council, (d) Engineering and Physical Sciences Research Council, (e) Medical Research Council, (f) Natural Environment Research Council, (g) Particle Physics and Astronomy Research Council;
(2) For the purposes of these Regulations, a person who is ordinarily resident in England and Wales, Scotland, Northern Ireland or the Islands as a result of having moved from another of those areas for the purpose of undertaking -
(b) a previous designated course which, disregarding any intervening vacation, the student was undertaking immediately before undertaking his present course shall be considered to be ordinarily resident in the place from which he moved.
(b) at any time before or after these Regulations come into force has become part of one or other or both of these areas, shall be considered to have always been part of the European Economic Area.
(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. (6) In these Regulations -
(ii) it consists of alternate periods of full-time study in an institution and periods of work experience; and (iii) taking the course as a whole, the student attends the periods of full-time study for an average of not less than 18 weeks in each year; (b) for the purposes of calculating the student's attendance, the course shall be treated as beginning with the first period of full-time study and ending with the last such period; and (7) Where these Regulations refer to a date before, on or after which an eligible student began the present designated course and the student's status as an eligible student has been transferred to the present designated course as a result of one or more transfers of that status by the Secretary of State from a course (the "initial course") in connection with which the Secretary of State determined the student to be an eligible student pursuant to regulations made under section 22 of the Act, the eligible student shall be treated for the purposes of the relevant regulation as if he began the present designated course on the date on which he began the initial course.
(b) no award under the 1962 Act was bestowed in respect of the course but a transitional award would have been bestowed on him if he had applied for an award under the 1962 Act and his resources had not exceeded his requirements, he shall be an eligible student for the purposes of Parts 4 and 5 in connection with the course, or in connection with any subsequent course to which the award (either bestowed or which would have been bestowed under the 1962 Act) would have been transferred if transitional awards provided for payments after the first year of a course, but unless paragraph (8) applies he shall qualify for support by way of loan under Part 6 only if he is an eligible student under these Regulations and if he satisfies the qualifying conditions in Part 6. Eligible students 4. - (1) An eligible student shall qualify for support in connection with a designated course subject to and in accordance with these Regulations. (2) A person is an eligible student in connection with a designated course if -
(b) the person is not excluded by paragraph (3). (3) A person shall not be an eligible student if -
(b) he is eligible for a loan in relation to an academic year of the course under the Education (Student Loans) Act 1990 or the Education (Student Loans) (Northern Ireland) Order 1990; (c) there has been bestowed on him or paid to him in relation to his attendance on the course -
(ii) any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 1992[35]; (d) he is in breach of any obligation to repay any loan; (4) For the purposes of paragraphs (3)(d) and (3)(e), "loan" means a loan made under the student loans legislation.
(b) with the concurrence of the borrower's curator or at a time when he had no curator. (6) An eligible student in respect of whom the first academic year of the course begins on or after 1st September 2000 shall not, at any one time, qualify for support for -
(b) a designated course and a designated part-time course; (c) a designated course and a designated postgraduate course. (7) Notwithstanding paragraph (2), a person shall be an eligible student for the purposes of these Regulations if -
(b) the Secretary of State has previously determined that the person is -
(ii) an eligible student in connection with a designated course other than the present course and the student's status as an eligible part-time student or as an eligible student in connection with that course has been converted or transferred from that course to the present course as a result of one or more conversions or transfers in accordance with regulations made under section 22 of the Act. Designated courses
(b) one of the following -
(ii) a sandwich course; or (iii) a part-time course for the initial training of teachers; (c) of at least one academic year's duration; and (2) A course falling within paragraph 6 or 7 of Schedule 3 is not a designated course where the governing body of a maintained school has arranged for the provision of such a course to a pupil of the school.
(b) a university and any constituent college or institution in the nature of a college of a university shall be regarded as publicly funded if either the university or the constituent college or institution is publicly funded; and (c) an institution shall not be regarded as publicly 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[36]. (4) A course to which this paragraph applies shall be considered to be a single course for a first degree or for an equivalent qualification notwithstanding that -
(b) part of the course may be optional. (5) Paragraph (4) applies to a course the standard of which is not higher than a first degree which leads to a qualification as a medical doctor, dentist, veterinary doctor, architect, landscape architect, landscape designer, landscape manager, town planner or town and country planner.
(b) loans for living costs; and (c) grants for fees where the student repeats part of his course. (4) The Secretary of State may, at any time, renew or extend the period of eligibility for such further period as she determines.
(b) abandons or is expelled from his designated course. (6) The Secretary of State may terminate the period of eligibility where the eligible student has shown himself by his conduct to be unfitted to receive support.
(b) determine that the student no longer qualifies for any particular support or particular amount of support; (c) treat any support paid to the student as an overpayment which may be recovered under regulation 33. Transfer of status
(b) she is satisfied that one or more of the grounds for transfer in paragraph (2) applies; and (c) the period of eligibility has not expired or been terminated. (2) The grounds for transfer referred to in paragraph (1) are -
(b) the eligible student starts to attend a designated course at another institution with the consent of the academic authority of that institution; (c) after commencing a course for the Certificate in Education, the eligible student is, on or before the completion of that course, admitted to a designated course for the degree of Bachelor of Education either at the same institution or at another institution; (d) after commencing a course for the degree (other than an honours degree) of Bachelor of Education, the eligible student is, on or before the completion of that course, admitted to a designated course for the honours degree of Bachelor of Education either at the same institution or at another institution; or (e) after commencing a course for a first degree (other than an honours degree) the eligible student is, before the completion of that course, admitted to a designated course for an honours degree in the same subject or subjects at the institution. (3) Subject to paragraph (4), an eligible student who transfers under paragraph (1) shall, for the remainder of the academic year in which he transfers, continue to receive in connection with the course to which he transfers the support for which the Secretary of State has determined he qualifies in respect of the course from which he transfers. Applications for support 8. - (1) A person (the "applicant") shall apply for support in connection with each academic year of a designated course by completing and submitting 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 she considers necessary to determine whether the applicant is an eligible student, whether he qualifies for support and the amount of support payable, if any. (3) The Secretary of State shall notify the applicant of whether or not he qualifies for support and, if he does qualify, the amount of support payable in respect of the academic year, if any. Time limits 9. - (1) The general rule is that the application must reach the Secretary of State within a period of nine months beginning with the first day of the academic year in respect of which it is submitted. (2) The general rule in paragraph (1) does not apply where -
(b) the applicant, his spouse, his civil partner or his parent is recognised as a refugee or has been granted leave to enter or remain as mentioned in paragraph 3 of Schedule 2 after the first day of the academic year in respect of which the applicant is applying for support, in which case the application must reach the Secretary of State within a period of nine months beginning with the day of recognition or the day leave was granted, respectively; (c) the applicant is not a person mentioned in paragraph 7 of Schedule 2 on the first day of the academic year in respect of which he is applying for support but as a result of the accession of the state of which he is a national to the European Community he becomes such a person, in which case the application must reach the Secretary of State within a period of nine months beginning with the day of the accession; (d) the applicant is making a separate application for a loan for living costs under regulation 25 or an additional amount of loan under regulation 26(3), in which case the application must reach the Secretary of State not later than one month before the end of the academic year in respect of which he is applying for support; (e) the applicant is applying to borrow an additional amount of loan under regulation 26(1), in which case the application must reach the Secretary of State not later than one month before the end of the academic year to which the application relates or within a period of one month beginning with the day on which the applicant receives notice of the increased maximum amount, whichever is the later; (f) the applicant is applying for a grant under regulation 14, in which case the application must reach the Secretary of State as soon as is reasonably practicable; (g) the Secretary of State considers that having regard to the circumstances of the particular case the time limit should be relaxed, in which case the application must reach the Secretary of State not later than such date as she specifies. Information Qualifying conditions for grants for fees 11. - (1) An eligible student shall, in respect of an academic year, qualify in accordance with this regulation for a grant in respect of the fees[37] payable by him in respect of, or otherwise in connection with, his attendance on a designated course (the "present course"). (2) The amount of the grant for fees in respect of an academic year shall be determined in accordance with regulation 12. (3) The general rule is that an eligible student who has attended a previous course does not qualify for a grant for fees in connection with his attendance on the present course. (4) A previous course is any course which the student attended before the present course and which meets the conditions in paragraph (5) other than a course in connection with which the student was an eligible student and from which his status as an eligible student was transferred to the present course as a result of one or more transfers of that status in accordance with regulations made under section 22 of the Act. (5) The conditions referred to in paragraph (4) are that the course was a full-time higher education course provided by an institution in the United Kingdom and -
(b) any scholarship, exhibition, bursary, grant, allowance or award of any description which was available in respect of the student's attendance on the course to defray fees was paid out of public funds or funds attributable to public funds by any person or body, public or private. (6) The general rule in paragraph (3) does not apply where -
(ii) the duration of the present course does not exceed two years (the duration of a part-time course being expressed as its full-time equivalent); and (iii) the eligible student is not a qualified teacher; (b) the eligible student has attended only one previous course and his period of attendance on that course did not exceed one academic year (a period of attendance on a course to which the student transferred from the previous course being treated as a continuation of the previous course);
(ii) unless the first academic year of the present course began before 1st September 2000, none of the previous courses was an accelerated course leading to a first degree; or (d) the Secretary of State is satisfied that -
(ii) a grant for fees was paid in connection with the student's attendance on the latest course under regulations made pursuant to section 22 of the Act or would have been paid if the contribution in respect of the student had been lower or nil. (7) Where paragraph (6)(c) applies, the Secretary of State may determine that the eligible student does not qualify for a grant for fees in respect of any academic year of the present course other than -
(b) the final year of a course of two or three years' duration; or (c) the final two years of a course of four or more years' duration. (8) For the purposes of paragraph (6)(c), where a student ceases to attend one previous course without completing it and -
(b) transfers to another course at another institution with the consent of the academic authority of that institution, the courses to and from which the student transfers shall be treated as one course the duration of which is the aggregate of the period spent following the first course and the period which the student in question would ordinarily require for the completion of the second course, in the case of either course being a sandwich course ignoring any periods of work experience.
(b) in relation to that year he is eligible to receive a Scottish healthcare allowance the amount of which is calculated by reference to his income; (c) he is participating in the action scheme of the European Community for the mobility of university students known as ERASMUS[38] and -
(ii) all the periods of study during the academic year are at an institution outside the United Kingdom; or (d) he is undertaking a flexible postgraduate ITT course. (10) Where the eligible student repeats -
(b) any part of his course other than the first year or part of the first year of his course the Secretary of State shall determine whether the student qualifies for a grant for fees in respect of the academic year during which he repeats.
(ii) from a designated course at one institution to the present designated course at another institution, with the consent of the academic authority of that institution; (b) the necessary recommendation or consent to the transfer to the present course is given after the first day on which the student was required to start attending the second academic year of the first of the courses in sub-paragraph (a) in respect of which he was determined to be an eligible student (the "first course"); (12) For the purposes of paragraph (11) -
(b) in determining the value of A and B -
(ii) periods of work experience which form part of a sandwich course are not included; (iii) where the student has only once repeated the first year or part of the first year of any course referred to in sub-paragraph (c), the repeated year or the part of the year which is repeated is not included; (c) B is the duration of whichever of the following courses is the longest -
(ii) the present course; (iii) any intervening course; (d) the final academic year of the present course is the academic year during which the student is expected to complete the course; (13) Where paragraph (11) applies, the eligible student shall not qualify for a grant for fees in respect of the number of academic years by which A exceeds B.
(b) the student shall not qualify for a grant for fees in respect of any academic year beginning before the academic year in which the relevant event occurred. (16) The events referred to in paragraph (15) are -
(b) the student, his spouse, his civil partner or his parent is recognised as a refugee or is granted leave to enter or remain as mentioned in paragraph 3 of Schedule 2; or (c) the student becomes a person mentioned in paragraph 7 of Schedule 2 as a result of the accession of the state of which he is a national to the European Community. (17) Subject to paragraph (8), any reference in this regulation to the duration of a course is a reference to the period ordinarily required for its completion by a student who is not excused from part of the course on account of his having attended a previous course, in the case of a sandwich course ignoring periods of work experience.
(b) for the final year of the course where that year is ordinarily required to be completed after less than 15 weeks' attendance, £570; (c) for the academic year of a sandwich course during which any periods of full-time study are in aggregate less than 10 weeks, £570; (d) for the academic year of a course referred to in paragraph 4 of Schedule 3 during which any periods of full-time study are in aggregate less than 10 weeks, £570; (e) for the academic year of a course provided in conjunction with an overseas institution during which the periods of full-time study at the institution in the United Kingdom are in aggregate less than 10 weeks, £570; (f) in the case of a sandwich course or a course provided in conjunction with an overseas institution where the periods of full-time study at the institution in the United Kingdom are 10 weeks or more, but in respect of the academic year and any previous such academic years the aggregate of any one or two periods of attendance which are not periods of full-time study at the institution (disregarding intervening vacations) exceeds 30 weeks, £570; or (g) in the case of a course provided by the British Institute in Paris which began before 1st September 2001, £570. (3) Subject to paragraph (4), the amount of the grant for fees in respect of an academic year of a course at an institution which is not publicly funded shall be equal to the fees payable by the eligible student in respect of, or otherwise in connection with, his attendance on the designated course for that academic year.
(ii) otherwise, £1,100; (b) in the case of a course at the University of Buckingham, £2,770, in the case of a course at the Guildhall School of Music, £4,250, and in the case of a course at Heythrop College, £2,095. (5) For the purposes of this regulation, an institution which provides courses designated by regulation 4 of the Education (Student Support) (Dance and Drama) Regulations 1999[39] shall not be regarded as publicly 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. General qualifying conditions for grants for living costs 13. - (1) An eligible student shall qualify for a grant for living costs under this Part provided that -
(b) he satisfies the qualifying conditions for the particular grant for living costs for which he is applying. (2) An eligible student shall not qualify for a grant for living costs under this Part if the only paragraph from 1 to 7 of Schedule 2 into which he falls is paragraph 7.
(b) during which he is eligible to receive a Scottish healthcare allowance the amount of which is calculated by reference to his income; or (c) of a course referred to in paragraph 4 of Schedule 3 during which the periods of full-time attendance, including attendance for the purpose of teaching practice, are in aggregate less than 6 weeks. (4) Paragraph (3)(c) does not apply for the purposes of regulation 14.
(b) unpaid service with a local authority in the United Kingdom acting in the exercise of their functions relating to the care of children and young persons, health or welfare or with a voluntary organisation providing facilities or carrying out activities of a like nature in the United Kingdom; (c) unpaid service in the prison or probation and aftercare service in the United Kingdom; (d) unpaid research in an institution in the United Kingdom or, in the case of a student attending an overseas institution as part of his course, in an overseas institution; or (e) unpaid service with -
(ii) a Health Board or a Special Heath Board constituted under section 2 of the National Health Service (Scotland) Act 1978[42]; or (iii) a Health and Social Services Board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972[43]. (7) Where a student becomes an eligible student during the course of an academic year as a result of one of the events listed in paragraph (8), he may qualify for a particular grant for living costs in accordance with this Part in respect of that academic year but he shall not qualify for a grant for living costs in respect of any academic year beginning before the academic year in which the relevant event occurred.
(b) the student, his spouse, his civil partner or his parent is recognised as a refugee or is granted leave to enter or remain as mentioned in paragraph 3 of Schedule 2. Grants for disabled students' living costs
(b) £4,680 in respect of all the academic years during the period of eligibility for expenditure on major items of specialist equipment; (c) the additional expenditure incurred -
(ii) within or outside the United Kingdom for the purpose of attending, as a part of his course, any period of study at an overseas institution or for the purpose of attending the British Institute in Paris; (d) £1,565 in respect of an academic year for any other expenditure including expenditure incurred for the purposes referred to in sub-paragraph (a) or (b) which exceeds the specified maxima. (5) Where the eligible student has received payments to assist with expenditure on major items of specialist equipment in connection with the course by virtue of holding a transitional award, the maximum amount of grant under paragraph (4)(b) shall be reduced by the amount of those payments.
(b) in any academic year of that course, the periods of full-time attendance (including attendance for the purpose of teaching practice) are in aggregate less than 6 weeks. Grants for students who have left care
(b) the eligible student falls within paragraph 2(f) of Schedule 5; and (c) in the opinion of the Secretary of State, the eligible student is subject to greater financial hardship by virtue of falling within paragraph 2(f) of Schedule 5 than he would otherwise have been. (3) Subject to paragraph (4), the amount of grant shall be such amount as the Secretary of State considers appropriate in the circumstances.
(b) during no part of which week the student attends his course. Grants for dependants - general
(b) childcare grant; (c) parents' learning allowance. (2) The qualifying conditions for each element and the amounts payable are set out in regulations 17 to 20.
(b) an adult dependant of the eligible student whose net income does not exceed £3,445. (3) Where an eligible student maintains the person in respect of whom he is applying for adult dependants' grant, the student shall not qualify for the grant unless that person is ordinarily resident in the United Kingdom for six months or more of the academic year in respect of which the eligible student is applying for support.
(ii) holds a statutory award; and (b) account is taken of that partner's dependants in calculating the amount of support for which that partner qualifies or the payment to which he is entitled under the statutory award. Grants for dependants - childcare grant
(b) the child has special educational needs within the meaning of section 312 of the Education Act 1996[44] and is under the age of 17 immediately before the beginning of the academic year. (3) An eligible student shall not qualify for a grant under this regulation if he or his partner has elected to receive the childcare element of the working tax credit under Part I of the Tax Credits Act 2002[45].
(b) for two or more dependent children, 85 per cent. of the costs of the childcare, subject to a maximum amount of £170 per week except that the student shall not qualify for any such grant in respect of each week falling within the period between the end of the course and the end of the academic year in which the course ends.
(b) where a week in respect of which childcare costs are incurred falls partly within and partly outside the academic year in respect of which childcare grant is payable under this regulation, the maximum weekly amount of grant shall be calculated by multiplying the relevant maximum weekly amount in paragraph (4) by the proportion which the number of days of that week falling within the academic year bears to the number of days in a week. (6) The amount of childcare grant calculated under regulation 20 shall be reduced by one half where -
(ii) holds a statutory award; and (b) account is taken of that partner's dependants in calculating the amount of support for which that partner qualifies or the payment to which he is entitled under the statutory award. (7) In this regulation -
Grants for dependants - parents' learning allowance
(b) to reduce the basic amount of the childcare grant for the academic year where the eligible student qualifies for that element under regulation 18; and (c) to reduce the basic amount of the parents' learning allowance where the eligible student qualifies for that element under regulation 19. (2) Subject to paragraphs (4) and (5), where B is greater than or equal to A, the basic amount of each element of the grant for dependants for which the eligible student qualifies is payable.
£4,195 where the eligible student is not a lone parent and has more than one dependent child; £4,195 where the eligible student is a lone parent and has one dependent child; £5,250 where the eligible student is a lone parent and has more than one dependent child. (8) Paragraphs (9) to (12) apply where, in the course of the academic year, any of the following occurs -
(b) a person becomes or ceases to be a dependant of the eligible student; (c) the eligible student becomes or ceases to be a lone parent; (d) a student becomes an eligible student as a result of an event referred to in regulation 13(8). (9) For the purposes of determining the respective values of A and B and whether adult dependants' grant or parents' learning allowance is payable, the Secretary of State shall determine the following in relation to each relevant quarter by reference to the student's circumstances in the relevant quarter -
(b) who those dependants are; (c) whether the student is to be treated as a lone parent. (10) The amount of grant for dependants for the academic year is the aggregate of the amounts of adult dependants' grant and parents' learning allowance calculated in respect of each relevant quarter under paragraph (11) and the amount of any childcare grant for the academic year.
(b) otherwise, a quarter other than the one quarter during which, in the opinion of the Secretary of State, the longest of any vacation occurs. Grants for dependants - interpretation
(b) "child" in relation to an eligible student includes any child of his partner and any child for whom he has parental responsibility where those children are dependent on him; (c) "dependant" means, in relation to an eligible student, his partner, his dependent child or an adult dependant, who in each case is not an eligible student and does not hold a statutory award; (d) "dependent" means wholly or mainly financially dependent; (e) "lone parent" means an eligible student who does not have a partner and who has a dependent child or dependent children; (f) "net income" has the meaning given in paragraph (2); (g) subject to sub-paragraphs (h), (i) and (j), "partner" means any of the following -
(ii) the civil partner of an eligible student; (iii) a woman ordinarily living with a male eligible student as if she were his wife where an eligible student falls within paragraph 2(a) of Schedule 5 and begins the designated course on or after 1st September 2000; (iv) a man ordinarily living with a female eligible student as if he were her husband where an eligible student falls within paragraph 2(a) of Schedule 5 and begins the designated course on or after 1st September 2000; (v) a person ordinarily living with an eligible student as if he were his civil partner where an eligible student falls within paragraph 2(a) of Schedule 5 and begins the designated course on or after 1st September 2005; (h) a person who would otherwise be a partner under sub-paragraph (g) shall not be treated as a partner if -
(ii) the person is ordinarily living outside the United Kingdom and is not maintained by the eligible student; (i) for the purposes of sub-paragraph (a), a person shall be treated as a partner if he would be a partner under sub-paragraph (g) but for the fact that the eligible student with whom he is ordinarily living does not fall within paragraph 2(a) of Schedule 5; (2) Subject to paragraph (3), a dependant's net income is his income from all sources for the academic year in question reduced by the amount of income tax and social security contributions payable in respect of it but disregarding -
(b) child benefit payable under Part IX of the Social Security Contributions and Benefits Act 1992[48]; (c) any financial support payable to the dependant by a local authority in accordance with regulations made under paragraph 3 of Schedule 4 to the Adoption and Children Act 2002[49]; (d) any guardian's allowance to which the dependant is entitled under section 77 of the Social Security Contributions and Benefits Act 1992; (e) in the case of a dependant with whom a child in the care of a local authority is boarded out, any payment made to that dependant in pursuance of section 23 of the Children Act 1989[50]; (f) any payments made to the dependant under section 15 of and Schedule 1 to the Children Act 1989 in respect of a person who is not the dependant's child or any assistance given by a local authority pursuant to section 24 of that Act; and (g) any child tax credit to which the dependant is entitled under Part I of the Tax Credits Act 2002. (3) Where an eligible student or his partner makes any recurrent payments which were previously made by the student in pursuance of an obligation incurred before the first academic year of the student's course, the partner's net income is the net income calculated in accordance with paragraph (2) reduced by -
(b) such lesser amount, if any, as the Secretary of State considers appropriate if, in her opinion, a lesser obligation could reasonably have been incurred. Grants for travel
(b) does not include any expenditure in respect of which a grant is payable under regulation 14. (6) Where an eligible student attends for a period of at least eight weeks as part of his course an overseas institution or the British Institute in Paris and he reasonably incurs any expenditure in insuring against liability for the cost of medical treatment provided outside the United Kingdom for any illness or bodily injury contracted or suffered during that period he shall qualify for additional grant under this regulation equal to the amount so incurred.
(b) in any case where the household income exceeds £15,580 and does not exceed £21,565, for every complete £6.30 by which the household income exceeds £15,580 he shall receive £1 less than the maximum amount of grant available; and (c) in any case where the household income exceeds £21,565, no grant shall be payable under this regulation. (6) For the purposes of paragraph (5), an eligible student's household income shall be calculated pursuant to Schedule 5. Qualifying conditions for loans for living costs 24. - (1) An eligible student shall qualify for a loan for living costs in connection with his attendance on a designated course if he satisfies the conditions in paragraph (2) and is not excluded by paragraph (3). (2) The conditions referred to in paragraph (1) are that the eligible student is -
(b) aged 50 or over and under the age of 55 on that day, if the Secretary of State is satisfied that he intends -
(ii) to undertake another higher education course immediately after completing his present course, disregarding any intervening vacation. (3) An eligible student shall not qualify for a loan for living costs if the only paragraph from 1 to 7 of Schedule 2 into which he falls is paragraph 7.
(b) he shall not qualify for a loan for living costs in respect of any academic year beginning before the academic year in which the relevant event occurred. (5) The events referred to in paragraph (4) are -
(b) the student, his spouse, his civil partner or his parent is recognised as a refugee or is granted leave to enter or remain as mentioned in paragraph 3 of Schedule 2. Maximum amount of loans
(b) for a student in category B, £5,175; (c) for a student in category C, £5,125; (d) for a student in category D, £5,125; (e) for a student in category E, £4,195. (2) Subject to the following paragraphs, the amount of loan for living costs in respect of an academic year which is the final year of a course other than an accelerated course shall not exceed -
(b) for a student in category B, £4,490; (c) for a student in category C, £4,460; (d) for a student in category D, £4,460; (e) for a student in category E, £3,645. (3) Subject to paragraph (4), where an eligible student resides at his parents' home and the Secretary of State is satisfied that in all the circumstances his parents by reason of age, incapacity or otherwise cannot reasonably be expected to support him and that it would be appropriate for an amount referred to in paragraphs (1)(b) to (e) or (2)(b) to (2)(e) to apply, the student shall be treated as if he were not residing at his parents' home.
(b) the maximum amount of loan for each such quarter is one third of the maximum amount of loan which would apply for the academic year if the student fell into the category which applies to the relevant quarter for the duration of the academic year; and (c) subject to paragraph (8), the category which applies to a quarter is -
(ii) if the student falls into more than one category for an equal period in that quarter, the category with the higher or highest rate of loan for the academic year. (8) Category C cannot be the category applicable to a quarter unless the student is attending an overseas institution for at least half of the period covered by that quarter.
(b) the maximum amount of loan payable is the aggregate of the maximum amount of loan for each quarter in respect of which the student qualifies for support under this paragraph; and (c) the maximum amount of loan for each such quarter is one third of the maximum amount of loan which would apply for the academic year if the student fell into the category which applies to the relevant quarter for the duration of the academic year. (10) For the purposes of paragraphs (1) to (9) where a postgraduate course of initial training for teachers is of only one academic year's duration that year shall not be treated as a final year.
(b) for a student in category B, by £96; (c) for a student in category C, by £104; (d) for a student in category D, by £104; (e) for a student in category E, by £75. (12) Where an eligible student attends his course for a period of not less than 45 weeks in any continuous period of 52 weeks the amounts referred to in paragraphs (1) and (2) shall in addition be increased for each week during the 52 week period during which he did not attend by the amounts referred to in paragraph (11).
and
(14) Where in relation to an academic year an eligible student does not qualify for a grant for living costs by virtue of regulation 13(3)(c) or 13(5) he may qualify for a loan for living costs in accordance with this Part but -
and
(15) Where in relation to an academic year an applicant applies for a loan and opts not to provide details of the income of his household, he may qualify for a loan in accordance with this Part but -
and
(16) A deduction may be made from the loan for living costs in accordance with regulation 30.
(b) a student is in category B if he is not in category A and he attends one or more of the following -
(ii) a course at an institution which requires attendance for at least half the time in aggregate of any quarter of the course in the academic year at a site wholly or partly within the area comprising the City of London and the former Metropolitan Police District; or (iii) a sandwich course at an institution which requires the eligible student to undertake work experience or a combination of work experience and study provided that he undertakes such work experience or combination of work experience and study for at least half the time in aggregate of any quarter of the course in the academic year at a site or sites wholly or partly within the area comprising the City of London and the former Metropolitan Police District; (c) a student is in category C if he is not in category A and he attends an overseas institution as part of his course for at least eight consecutive weeks in the academic year; Additional amount of loans
(b) the Secretary of State considers that the increase in the maximum amount does not result from the eligible student -
(ii) providing information which is inaccurate in any material particular. (2) The additional amount under paragraph (1) is an amount which when added to the amount already applied for does not exceed the increased maximum.
(b) there shall not be included in a person's bankruptcy debts any debt or liability to which he is or may become subject in respect of any sum payable to an eligible student by way of a loan and which he receives or is entitled to receive -
(ii) in the case of a bankruptcy commencing on or after 1st September 2004, before or after the commencement of the bankruptcy. (2) In Northern Ireland -
(b) there shall not be included in a person's bankruptcy debts any debt or liability to which he is or may become subject in respect of any sum payable to an eligible student by way of loan and which he receives or is entitled to receive -
(ii) in the case of a bankruptcy commencing on or after 1st March 2005, before or after the commencement of the bankruptcy. Calculation of contribution 29. - (1) An eligible student's contribution in respect of an academic year is the amount, if any, calculated under Schedule 5. (2) For the purposes of the exercise of the Secretary of State's functions under the Act and regulations made under it she may require an eligible student to provide from time to time such information as she considers necessary as to the income of any person whose means are relevant to the assessment of the student's contribution. Application of contribution 30. - (1) An amount equal to the contribution calculated under Schedule 5 shall be applied until it is extinguished against the amount of the particular grants and loans for which the eligible student qualifies as follows -
(b) second, to reduce ADG; (c) third, to reduce CCG; (d) fourth, to reduce PLA; (e) fifth, to reduce LLC to no less than the minimum level for the academic year; (f) sixth, to reduce GFT. (2) In this regulation -
(ii) at a course referred to in paragraph 4 of Schedule 3 (other than a course for a first degree); (b) GFF is £1,175 where -
(ii) the student does not qualify for a grant for fees because of regulation 11(9)(c); (c) ADG is the amount, if any, of the adult dependants' grant calculated in accordance with regulation 20; (3) Subject to paragraphs (4) and (5), the "minimum level for the academic year" is -
(b) £3,880, in the case of a student in category B; (c) £3,845, in the case of a student in category C; (d) £3,845, in the case of a student in category D; (e) £3,145, in the case of a student in category E; (4) Subject to paragraph (5), where the academic year in question is the final year of a course other than an accelerated course, the "minimum level for the academic year" is -
(b) £3,370, in the case of a student in category B; (c) £3,345, in the case of a student in category C; (d) £3,345, in the case of a student in category D; (e) £2,735, in the case of a student in category E. (5) Where under regulation 25(7) different categories apply for different quarters of the academic year, the minimum levels in paragraphs (3) and (4) shall be the aggregate of the amounts determined under paragraph (6) for each of the three quarters in respect of which a loan is payable. Payment of grants for fees 31. - (1) The Secretary of State shall pay the grant for fees for which a student qualifies after a valid request for payment has been received from the academic authority. (2) Payment shall be made to the academic authority -
(b) not later than 10 weeks after the expiry of the period in sub-paragraph (a), or promptly after a valid request for payment has been received, if that is later. (3) Where assessment of the student's contribution or other matters have delayed the final calculation of the amount of grant for which the student qualifies, the Secretary of State may make a provisional assessment.
(b) the academic authority has determined or agreed that the student will not commence attending again during the academic year in respect of which the fees are payable or at all. Payment of grants and loans for living costs
(b) if the determination decreases the amount of that grant for which the student qualifies she shall subtract the amount of the decrease from the amount of that grant which remains to be paid; (c) if the amount of the decrease is greater than the amount of that grant remaining to be paid the latter amount shall be reduced to nil and the balance subtracted from any other grant for living costs for which the student qualifies in respect of the academic year; (d) any remaining overpayment shall be recovered in accordance with regulation 33. (10) Where the Secretary of State has made any payment of support under Part 5 or Part 6 and a student who qualifies for a loan under Part 6 applies for such a loan or applies for an additional amount of loan in respect of an academic year, the Secretary of State shall pay the loan or the additional amount of loan in such instalments (if any) and at such times as she considers appropriate as soon as is reasonably practicable after a satisfactory application has been received.
(b) if the amount to be subtracted is greater than the amount of loan remaining to be paid, the latter amount shall be reduced to nil; (c) any remaining overpayment shall be recovered in accordance with regulation 33. Overpayments
(b) by taking such other action for the recovery of an overpayment as is available to her. (4) Any overpayment of a loan for living costs in respect of any academic year may be recovered if in the opinion of the Secretary of State -
(b) any information which the student has provided is inaccurate in a material particular; or (c) the student has failed to provide information which the Secretary of State considers to be material in the context of the recovery of the loan. (5) Where an overpayment of a loan for living costs is recoverable in accordance with paragraph (4), it may be recovered in whichever one or more of the following ways the Secretary of State considers appropriate in all the circumstances -
(b) by taking such other action for the recovery of an overpayment as is available to her. (6) Where there has been an overpayment of a loan which is not recoverable under paragraph (4), the Secretary of State may subtract the overpayment from the amount of any loan payable to the student from time to time pursuant to regulations made under section 22 of the Act. Eligible part-time students 34. - (1) An eligible part-time student shall qualify for support in connection with his undertaking a designated part-time course subject to and in accordance with this Part. (2) A person is an eligible part-time student in connection with a designated part-time course if -
(b) the person is not excluded by paragraph (3). (3) A person shall not be an eligible part-time student if -
(ii) any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 1992[55]; or (iii) a Scottish healthcare allowance 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; (4) Paragraph (3)(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. (7) An eligible part-time student shall not qualify for support under regulation 37(1)(b) or regulation 38 if the only paragraph from 1 to 7 of Schedule 2 into which he falls is paragraph 7.
(b) under regulation 37(1)(b) or 38 unless he undertakes the designated part-time course in the United Kingdom. (9) An eligible part-time student shall not qualify for support under regulation 37 if he has undertaken one or more part-time courses for eight academic years in aggregate and he has received in respect of each of those academic years a loan or a grant of the kind described in paragraph (10).
(b) a loan, a grant in respect of fees or a grant for books, travel and other expenditure each made in respect of an academic year of a part-time course by the Department for Employment and Learning (Northern Ireland) pursuant to regulations made under Articles 3 and 8(4) of the Education (Student Support) (Northern Ireland) Order 1998[56]; or (c) a loan in respect of an academic year of a part-time course made pursuant to regulations made under sections 73(f), 73B and 74(1) of the Education (Scotland) Act 1980[57]. (11) An eligible part-time student shall not qualify for support under regulation 37 if he holds a first degree from an educational institution in the United Kingdom. |