Made | 4th February 2002 | ||
Laid before Parliament | 4th February 2002 | ||
Coming into force | 25th February 2002 |
1. | Citation and commencement |
2. | Interpretation |
3. | Revocations and transitional provisions |
4. | Eligible students |
5. | Designated courses |
6. | Applications for financial support |
7. | Transfers of eligibility |
8. | Termination of eligibility |
9. | Information |
10. | Eligibility for grants for fees |
11. | Maximum amounts of grants |
12. | Eligibility for grants for living costs |
13. | Grants for disabled students' living costs |
14. | Grants for students who have left care |
15. | Grants for dependants |
16. | Grants for dependants-childcare costs |
17. | Grants for school meals for dependent children |
18. | Grants for travel |
19. | Eligibility for loans for living costs |
20. | Maximum amounts of loans |
21. | Applications for loans |
22. | Hardship loans |
23. | Calculation of contribution |
24. | Application of contribution |
25. | Payment of grants for fees |
26. | Payment of grants and loans for living costs |
27. | Overpayments |
28. | Eligible part-time students |
29. | Designated part-time courses |
30. | Eligibility for loans for part-time courses |
31. | Amount of loan |
32. | Applications for support |
33. | Grants for disabled part-time students' living costs |
34. | Transfers of eligibility |
35. | Conversion of eligibility |
36. | Termination of eligibility |
37. | Payment of support |
38. | Overpayments |
39. | Interest |
40. | Insolvency |
1. | Eligible students |
2. | Designated courses |
3. | Financial assessment |
(2) For the purposes of these Regulations a person who is ordinarily resident in England and Wales, Scotland, Northern Ireland, the Channel Islands or the Isle of Man as a result of having moved from another of those areas for the purpose of undertaking -
shall be considered to be ordinarily resident in the place from which he moved.
(3) For the purposes of these Regulations, including for the purpose of determining whether a person is settled in the United Kingdom within the meaning of the Immigration Act 1971[20] for the purposes of these Regulations, a person shall be treated as ordinarily resident in England and Wales, 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, or was temporarily employed outside the United Kingdom, the United Kingdom and Islands, or as the case may be, outside the European Economic Area and paragraph 8(c) of Schedule 1 shall not apply in the case of such person. Without prejudice to the foregoing, members of the regular naval, military or air forces of the Crown shall be treated as being temporarily employed within the meaning of this paragraph for any period during which they serve outside the United Kingdom as members of such forces.
(4) For the purposes of these Regulations an area which -
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 -
(6) In these Regulations "academic year" means the period of twelve months beginning on lst January, lst April, 1st July or lst September, according as the academic year of the course in question begins in the winter, the spring, the summer or the autumn respectively, but if students are required to begin the course during August or September and to continue it through the autumn the academic year of the course shall be considered to begin in the autumn rather than the summer.
Revocations and transitional provisions
3.
- (1) The 2001 Regulations, the Education (Student Support) Regulations 2001 (Amendment) Regulations 2001[22], the Education (Student Support) (Amendment) (No. 2) Regulations 2001[23], and the Education (Student Support) (Amendment) (No. 3) Regulations 2002[24] shall be revoked on lst September 2002.
(2) The 2001 Regulations shall apply to the provision of support to students in relation to an academic year which begins before lst September 2002, and these Regulations shall apply in relation to the provision of support in connection with undertaking a course during an academic year which begins on or after lst September 2002, whether anything done under either Regulations is done before or after lst September 2002.
(3) Accordingly the revocation of the 2001 Regulations shall not affect their continued operation after lst September 2002 for the purpose of providing support as aforesaid.
(4) Notwithstanding any other provision of these Regulations where -
he shall be eligible for support by way of grant under Parts III and IV in connection with his attendance at the course, or in connection with his attendance at any subsequent course to which the award (either bestowed or which would have been bestowed) would have been transferred if transitional awards provided for payments after the first year of a course, but unless paragraph (5) applies he shall only be eligible for support by way of loan under Part V if he satisfies the conditions for eligibility in these Regulations.
(5) Notwithstanding any other provision of these Regulations where any person received or was eligible to receive a loan in relation to an academic year of a course under the 1998 Regulations he shall be eligible for support by way of loan under Part V in connection with his attendance at the course, or any subsequent designated course which (disregarding any intervening vacation) he starts attending immediately after ceasing to attend that course, but unless paragraph (4) applies he shall only be eligible for support by way of grant under Parts III and IV if he satisfies the conditions for eligibility in these Regulations.
(6) Where under the 1998 Regulations a person received or was eligible to receive a loan in relation to an academic year of a part-time course of initial training for teachers he shall be eligible for support by way of loan under Part V calculated in accordance with these Regulations, except that where regulation 12(2)(c) applies regulation 20(13) shall not apply, and for the amounts referred to in regulation 20(1) and (2) there shall be substituted for the amounts in column one the corresponding amounts in column two:
£3,090 | £2,565 |
4,815 | 3,465 |
4,770 | 3,435 |
5,670 | 4,085 |
3,905 | 3,015 |
2,700 | 2,170 |
4,175 | 2,825 |
4,150 | 2,810 |
4,935 | 3,340 |
3,390 | 2,495 |
(d) he is in breach of any obligation to repay any loan;
(e) he has not ratified any agreement for a loan made with him when he was under the age of 18; or
(f) he has, in the opinion of the Secretary of State, shown himself by his conduct to be unfitted to receive support.
(3) For the purposes of paragraph (2)(d) and (e) "loan" means a loan made under the Education (Student Loans) Act 1990, the Education (Student Loans) (Northern Ireland) Order 1990, the Education (Scotland) Act 1980 and regulations made thereunder, the Education (Student Support) (Northern Ireland) Order 1998 and regulations made thereunder, or the Act and regulations made thereunder.
(4) Paragraph (2)(e) shall only apply in a case where the agreement for a loan is subject to the law of Scotland if it was made -
(5) A person in respect of whom the first academic year of the course begins on or after 1st September 2000 shall not, at any one time, be eligible for support for -
Designated courses
5.
- (1) A course shall be designated for the purposes of section 22(1) of the Act and regulation 4 if it is -
(2) For the purposes of these Regulations a sandwich course is a course other than a course for the initial training of teachers referred to in paragraph 4 of Schedule 2 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 18 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.
(3) For the purposes of paragraph (2) where periods of full-time study and work experience alternate within any week of the course the days of full-time study shall be aggregated with any weeks of full-time study in determining the number of weeks of full-time study in each year.
(4) For the purposes of these Regulations "periods of work experience" means -
(5) 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.
(6) For the purposes of paragraph (1) a university and any constituent college or institution in the nature of a college of a university shall be regarded as maintained or assisted by recurrent grants out of public funds if either the university or the constituent college or institution is so maintained or assisted.
(7) For the purposes of paragraph (1) an institution shall not be regarded as maintained or assisted by recurrent grants out of public funds 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[28].
(8) For the purposes of these Regulations a course the standard of which is not higher than a first degree course which leads to a qualification as a medical doctor, a dentist, a veterinary doctor, an architect, a landscape architect, a landscape designer, a landscape manager, a town planner or a town and country planner shall be considered to be a single course for a first degree or for an equivalent qualification notwithstanding that the course may lead to another degree or qualification being conferred before the degree or equivalent qualification, and notwithstanding that part of the course may be optional.
(9) For the purposes of section 22 of the Act and regulation 4(1) the Secretary of State may designate courses of higher education which are not designated under paragraph (1).
Applications for financial support
6.
- (1) Subject to regulation 32, a person shall apply for support in connection with his attendance on a course by completing and submitting to the Secretary of State an application in such form as she may require, but which shall include a declaration signed by him that:
(2) The application form must reach the Secretary of State not later than four months after the first day of the academic year of the course in which it is submitted, but where -
(3) An applicant shall demonstrate his eligibility for support by providing such evidence as the Secretary of State may require.
(4) The Secretary of State may take such steps and make such inquiries as she considers necessary to determine whether the applicant is entitled to support.
(5) If the Secretary of State considers that an applicant is eligible for support she shall notify him of that fact, and thenceforth the student shall be an `eligible student' for the purposes of these Regulations.
(6) An eligible student shall demonstrate his eligibility for a particular grant or loan under these Regulations, and the amount of such grant or loan to which he is entitled, by providing such evidence as the Secretary of State may require; and the Secretary of State may take such steps and make such inquiries as she considers necessary to determine whether the eligible student is eligible for a particular grant or loan and the amount to which he is entitled.
(7) Without prejudice to the generality of paragraph (6), for the purpose of demonstrating his eligibility for a particular grant or loan, other than a grant under regulation 13, an eligible student shall complete and submit to the Secretary of State an application in such form as she may require not later than nine months after the first day of the academic year; and where 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 she specifies.
(8) If the Secretary of State considers that an eligible student is eligible for a particular grant or loan she shall notify him of that fact and the amount to which she considers he is entitled.
Transfers of eligibility
7.
- (1) An eligible student may request that the Secretary of State transfer his eligibility in any case where -
(2) . . . The Secretary of State, on being satisfied of the matters referred to in paragraph (1) and that the second course is a designated course, shall transfer the eligible student's eligibility, and thenceforth the eligible student shall for all purposes be an eligible student in connection with his attendance at the second course, whether or not he may have been eligible for support if he had applied under regulation 6.
(3) For the purposes of the duty of the Secretary of State to transfer eligibility where paragraph (1)(c) or (d) apply it shall be immaterial whether or not the two courses are provided by the same institution.
(4) An eligible student's eligibility for support may not be transferred after it has expired or been terminated under regulation 8.
Termination of eligibility
8.
- (1) Subject to the following provisions of this paragraph and paragraph (2), an eligible student shall cease to be eligible for support on the expiry of the period ordinarily required for the completion of the course, and accordingly he shall then cease to be an eligible student, but in respect of -
he shall cease to be an eligible student at the end of the academic year in which he completes the course.
(2) The Secretary of State may before or after an eligible student ceases to be an eligible student under paragraph (1) determine that he shall continue to be eligible for support for such further period after the expiry of the period referred to in that paragraph as she specifies, and accordingly he shall be or be considered to have been an eligible student throughout that period until its expiry.
(3) Where an eligible student has withdrawn from a course in circumstances where the Secretary of State has not transferred or will not transfer his eligibility to another course under regulation 7, or has abandoned or been expelled from his course, the Secretary of State shall determine that he is no longer eligible for support, and on such determination he shall then cease to be an eligible student.
(4) Where an eligible student has shown himself by his conduct to be unfitted to receive support the Secretary of State may determine that he is no longer eligible for support, and on such determination he shall then cease to be an eligible student.
Information
9.
- (1) Every applicant, every eligible student and every eligible part-time student shall as soon as reasonably practicable after he is requested to do so provide the Secretary of State with such information as the Secretary of State considers necessary for the exercise of her functions under these Regulations.
(2) Every applicant, every eligible student and every eligible part-time student shall forthwith inform the Secretary of State if any of the following occurs, and provide her with particulars where -
(3) If the Secretary of State is satisfied that an eligible student or eligible part-time student has wilfully failed to comply with any requirement to provide information or has provided information which the student knows to be false in a material particular or has recklessly provided information which is false in a material particular she may determine that the student shall -
(2) Subject to paragraph (3) an eligible student shall not be eligible for a grant under this regulation if he has previously attended any full-time higher education course provided by an institution in the United Kingdom ("the previous course"):
(3) For the purposes of this regulation a course is not a previous course if it is -
(4) Paragraph (2) shall not apply where:
and the eligible student did not successfully complete it; or
(b) the eligible student has previously attended -
(c) the aggregate duration of the previous course (not being an accelerated course leading to a first degree unless the first academic year of the present course began before 1st September 2000) or courses did not exceed two academic years; or
(d) the Secretary of State has determined, having regard to the circumstances of the particular case, that the student did not complete the previous course for compelling personal reasons.
(5) Where paragraph (4)(c) applies the Secretary of State may determine that the eligible student shall not be eligible for grant for fees in respect of any academic year of the present course other than -
(6) In this regulation any reference to the duration of a course is a reference to the period ordinarily required for its completion by a student who is not excused 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; but for the purposes of paragraph (4)(c) if a student with the consent of the academic authority or authorities concerned -
the duration of the course shall be treated as 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.
(7) An eligible student shall not be eligible for a grant for fees in respect of an academic year if -
(d) he is undertaking a flexible postgraduate course for the initial training of teachers, and for the purposes of this sub-paragraph "flexible postgraduate course for the initial training of teachers" means a course of initial teacher training, which has been approved by the Teacher Training Agency[34], the length and pattern of which is determined by the eligible student's experience and training requirements.
(8) Where an eligible student repeats -
the Secretary of State may determine that he shall not be eligible for grant for fees in respect of the academic year during which the student repeats.
(9) Where the eligibility of an eligible student is transferred under regulation 7(1)(a) or (b) and -
the student shall not be eligible for grant for fees in respect of the number of academic years which is the difference between the above mentioned period and the above mentioned duration.
(10) For the purposes of paragraph (9) -
(11) The academic years in respect of which the eligible student shall not be eligible for grant for fees in accordance with paragraph (9) shall be the first academic year or years of the current course which the student attends.
(12) An eligible student shall be eligible for a grant for fees in respect of -
(b) any academic year which begins after the events referred to in paragraph (a)
but shall not be eligible for a grant for fees in respect of any other academic year.
Maximum amounts of grants
11.
- (1) The amount of grant for fees in respect of an academic year of a course at an institution which is maintained or assisted by recurrent grants out of public funds shall not exceed:
(2) The amount of grant for fees in respect of an academic year of a course at an institution which is neither maintained nor assisted by recurrent grants out of public funds shall not exceed:
(b) in the case of a course at the University of Buckingham, £2,580, in the case of a course at the Guildhall School of Music, £3,960, and in the case of a course at Heythrop College, £1,950.
(3) For the purposes of paragraphs (1) and (2) an institution which provides courses designated by regulation 4 of the Education (Student Support) (Dance and Drama) Regulations 1999[35] shall not be regarded as maintained or assisted by recurrent grants out of public funds 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.
(3) With the exception of grant under regulation 14 an eligible student shall not be eligible for grant for living costs under this Part in respect of any academic year of a sandwich course during which the periods of full-time study are in aggregate less than 10 weeks and the periods of work experience are not -
(4) An eligible student shall be eligible for a grant for living costs in respect of -
(b) any academic year which begins after the events referred to in paragraph (a)
but shall not be eligible for a grant for living costs in respect of any other academic year.
Grants for disabled students' living costs
13.
- (1) An eligible student shall be eligible for grant for living costs equal to additional expenditure which the Secretary of State is satisfied he is obliged to incur in respect of his attendance at the course by reason of a disability to which he is subject; but the amount of grant shall not exceed the amounts referred to in paragraph (2).
(2) Subject to paragraph (3) the amounts referred to in this paragraph are such amounts as the Secretary of State considers appropriate:
(d) not exceeding £1,455 in respect of each academic year for any other expenditure including expenditure incurred for the purposes referred to in paragraphs (a) or (b) which exceeds the specified maxima.
(3) In the case of an eligible student attending a course for the initial training of teachers referred to in paragraph 4 of Schedule 2 during which in any academic year the periods of full-time attendance, including attendance for the purpose of teaching practice, are in aggregate less than 6 weeks, paragraph (2) has effect as if the amounts referred to in sub-paragraphs (a) and (d) thereof were £8,265 and £1,090 respectively.
Grants for students who have left care
14.
- (1) An eligible student -
shall be eligible for such amount of grant not exceeding the amount referred to in paragraph (2) as the Secretary of State in all the circumstances considers appropriate.
(2) The maximum amount of grant for which an eligible student shall be eligible under this regulation is £100 for each week or part of a week in an academic year which -
Grants for dependants
15.
- (1) Subject to the following paragraphs an eligible student... shall in respect of each academic year be eligible for grant for living costs for his dependants as follows:
(b) for each of his dependent children in respect of whom a grant is not payable under sub-paragraph (a) and whose net income does not exceed the amount of grant applicable to his age by more than £975 -
(c) where an eligible student has not elected to be ineligible for grant under regulation 16 in accordance with paragraph (6), a grant of £255 in respect of either:
(2) The aggregate amount of grant under paragraph (1) shall be reduced by the difference between -
(3) If the eligible student's spouse is also an eligible student or holds a statutory award and if in calculating the amount of support for which the spouse is eligible or payment to which he is entitled under the award account is taken of his dependants, the aggregate amount of grant calculated under paragraphs (1) and (2) shall be reduced by one half.
(4) Where the eligible student maintains a dependant who is ordinarily resident outside the United Kingdom the grant under this regulation shall be such amount, if any, not exceeding the aggregate amount of grant calculated under paragraphs (1) to (3) as the Secretary of State considers reasonable in all the circumstances.
(5) Where an eligible student with dependants maintains a home for himself and a dependant at a place other than that at which he resides while attending the course he shall be eligible for a grant of £520, unless he has elected to be ineligible for grant under regulation 16 in accordance with paragraph (6), in which case he shall be eligible for a grant of £775.
(6) Where the eligible student is a lone parent... and he has elected to be ineligible for grant under regulation 16, he shall in addition to any grant referred to in the preceding paragraphs be eligible for a grant of £1,100 if -
(7) For the purposes of paragraph (6) an eligible student may make one election to be ineligible for grant under regulation 16 at any time before or during the academic year and he may revoke such election at any time during the academic year and for the purposes of this regulation and regulation 16, where an eligible student has revoked such election, he shall be treated as a person who has not elected to be ineligible for grant under regulation 16.
(8) Where the eligible student is eligible for grant under paragraph (1) or under regulation 16 in respect of a dependent child, he shall be eligible for a grant of £510 in respect of expenditure on travel, books and equipment for the purpose of attending his course.
(9) Where the number of an eligible student's dependants changes during an academic year the Secretary of State shall determine who the student's dependants are for each of the three quarters of the academic year in respect of which support is payable under regulation 26(2) by reference to the student's circumstances during the relevant quarter.
(10) Where the Secretary of State has determined who the student's dependants are for a quarter under paragraph (9) the grant for dependants for the quarter shall be one third of the amount of grant for those dependants for an academic year and the amount of grant for the academic year shall be the aggregate of the three amounts so determined.
(11) Where an eligible student is eligible for a grant for living costs in respect of an academic year under regulation 12(4)(a) he shall only be eligible for a grant under this regulation in respect of such of the three quarters of the year in respect of which support is payable under regulation 26(2) as begin after the events referred to in regulation 12(4)(a), and subject to paragraphs (9) and (10) the grant for each such quarter shall be one third of the amount for an academic year and the amount for the academic year shall be the aggregate of the amounts payable in respect of each such quarter.
(12) In this regulation and in regulation 16 -
(b) . . . excludes a spouse of . . . the student where they have ceased ordinarily to live together, in the case of a married student 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.
(13) For the purposes of this regulation a dependant's net income shall be 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:
(14) Where an eligible student or his spouse make 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 spouse's net income shall be reduced by -
Grants for dependants-childcare costs
16.
- (1) Subject to the following paragraphs an eligible student who . . . has not elected to be ineligible for grant under this regulation in accordance with regulation 15(6) shall in respect of each academic year be eligible for a grant in respect of childcare costs for each dependent child where the childcare is provided by an approved or registered childcare provider, if -
(2) The amount of grant for each week for which a student shall be eligible under paragraph (1) is:
(b) where the academic year begins in the winter, spring or summer, for each week of each term of the academic year and the Christmas and Easter vacations beginning on the first day of the first term of the academic year:
(c) for any other week of the academic year to which sub-paragraphs (a) or (b) do not apply including a week of the summer vacation, except each week falling within the period between the end of the course and the end of the academic year in which the course ends:
(3) Where the amount to be deducted from grant in accordance with regulation 15(2) exceeds the amount of grant calculated under regulation 15(1), the amount of grant payable under paragraph (2) shall be reduced by the amount of that excess.
(4) Where no grant is payable under regulation 15 in respect of a dependent child because his net income exceeds the maximum amount applicable to him under paragraph (1) of that regulation, the amount of grant payable under paragraph (2) shall be reduced by the amount of his net income less £975.
(5) If the eligible student's spouse is also an eligible student or holds a statutory award and if in calculating the amount of support for which the spouse is eligible or payment to which he is entitled under the award account is taken of his dependants, the amount of grant calculated under paragraph (2) shall be reduced by one half.
(6) Where an eligible student has in an academic year attended his course for a period of 30 weeks 3 days and he attends for a further period and the period of 40 weeks referred to in paragraph (2)(a) has expired, the relevant amounts referred to in paragraph (2)(a) shall apply for each week or part week of such attendance.
(7) In this regulation -
Grants for school meals for dependent children
17.
- (1) Subject to paragraph (3), where an eligible student is eligible for and entitled to receive a grant under regulation 15(1) in respect of a dependent child, he shall in respect of each academic year also be eligible for a grant under this regulation for that dependent child if the child is either aged three or four during the relevant school year or attends a school maintained by a local education authority or a city technology college or a city college for the technology of the arts[49] or a city academy[50] during the relevant school year.
(2) The amount of grant for which a student shall be eligible under paragraph (1) is -
(3) Paragraph (1) shall not apply where a dependent child receives school meals free of charge under section 512 or 512A of the Education Act 1996[51] or where similar provision is made for him pursuant to an agreement made between the Secretary of State and a person who establishes and maintains a city technology college or a city college for the technology of the arts or a city academy under section 482 of that Act.
(4) The Secretary of State shall pay a grant for which a student is eligible under this regulation in a single instalment at such time and in such manner as she considers appropriate.
(5) In this regulation "relevant school year" means:
Grants for travel
18.
- (1) Subject to the following paragraphs an eligible student. . . shall in respect of each academic year be eligible for a grant equal to such reasonable expenditure which he is obliged to incur -
(2) In determining the expenditure incurred by an eligible student there shall be disregarded the first £265 of such expenditure.
(3) For the purposes of this regulation any reference to expenditure incurred for the purpose of attending an institution or period of study -
(4) Where an eligible student attends for a period of at least eight weeks and as a necessary 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 be eligible for additional grant under this regulation equal to the amount so incurred.
(2) An eligible student shall not be eligible for loan for living costs if he is a person mentioned in paragraph 7 of Schedule 1 and not in any other paragraph of that Schedule.
(3) An eligible student shall be eligible for loan for living costs in respect of -
(b) any academic year which begins after the events referred to in paragraph (a)
but shall not be eligible for loan for living costs in respect of any other academic year.
Maximum amounts of loans
20.
- (1) Subject to the following paragraphs the amount of loan for living costs in respect of each academic year shall not exceed:
(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:
(3) Where an eligible student resides at his parent's 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 the amounts referred to in paragraphs (1)(b) or (2)(b) to apply the student shall be treated as if he were not residing at his parent's home.
(4) Where an eligible student does not reside at his parent's home but the Secretary of State is satisfied that in all the circumstances he could conveniently attend the course from his parent's home and that it would be appropriate for the amounts referred to in paragraphs (1)(a) or (2)(a) to apply the student shall be treated as if he were residing at his parent's home.
(5) Where an eligible student is a member of a religious order who resides in a house of his order he shall be treated as if he were residing at his parent's home.
(6) Where an eligible student -
the Secretary of State shall determine which of the rates referred to in paragraphs (1) and (2) shall apply for each of the three quarters of the academic year in respect of which support is payable under regulation 26(2) by reference to the student's circumstances during the relevant quarter.
(7) Where the Secretary of State has determined applicable rates for each quarter under paragraph (6) the maximum amount of loan for living costs for the relevant quarter shall be one third of the maximum amount applicable at that rate for an academic year, and the maximum amount for the academic year shall be the aggregate of the three amounts so determined.
(8) Where an eligible student is eligible for loan for living costs in respect of an academic year under regulation 19(3)(a) he shall only be eligible for loan in respect of such of the three quarters of the year in respect of which support is payable under regulation 26(2) as begin after the events referred to in regulation 19(3)(a), and subject to paragraphs (6) and (7) the maximum loan for each such quarter shall be one third of the amount for the academic year and the maximum amount for the academic year shall be the aggregate of the maximum amounts in respect of each such quarter.
(9) For the purposes of paragraphs (1) to (8) 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.
(10) Where an eligible student has in an academic year attended his course for a period of 30 weeks 3 days and attends for a further period the amounts referred to in paragraphs (1) and (2) shall be increased for each week or part week of such attendance:
(11) 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 (10).
(12) Where in relation to an academic year an eligible student is not eligible for a grant for living costs by virtue of regulation 12(2)(a) he shall be eligible for a loan for living costs under this regulation but -
£3,090 | £1,465 |
4,815 | 2,365 |
4,770 | 1,915 |
5,670 | 1,915 |
3,905 | 1,915 |
2,700 | 1,075 |
4,175 | 1,725 |
4,150 | 1,400 |
4,935 | 1,400 |
3,390 | 1,400 |
(13) Where in relation to an academic year an eligible student is not eligible for a grant for living costs by virtue of regulation 12(2)(c) or 12(3) he shall be eligible for a loan for living costs under this regulation but -
£3,090 | £1,465 |
4,815 | 2,365 |
4,770 | 2,345 |
5,670 | 2,785 |
3,905 | 1,915 |
2,700 | 1,075 |
4,175 | 1,725 |
4,150 | 1,715 |
4,935 | 2,035 |
3,390 | 1,400 |
Applications for loans
21.
- (1) An eligible student who is eligible for a loan for living costs in respect of an academic year shall apply for such a loan not exceeding the maximum amount applicable in his case by completing and submitting to the Secretary of State an application in such form as she may require not later than one month before the end of that year.
(2) The completed form shall include among other things the following particulars:
(3) The student shall sign a declaration on the application form that -
(4) In any case where -
he may apply to borrow an additional amount which when added to the amount already applied for shall not exceed the increased maximum.
(5) Such application shall be made by completing and submitting to the Secretary of State an application in such form as she may require not later than one month before the end of the academic year or one month after the date he received notice of the increased maximum amount, whichever is the later.
(6) The student shall sign a declaration on the application form in the terms set out in paragraph (3).
(7) Where an eligible student has applied for a loan less than the maximum amount of loan to which he is entitled in relation to the academic year under the preceding paragraphs he may apply to borrow an additional amount, which when added to the amount already applied for shall not exceed the relevant maximum applicable in his case.
(8) Such application shall be made by completing and submitting to the Secretary of State an application in such form as she may require not later than one month before the end of the academic year.
(9) The student shall sign a declaration on the application form in the terms set out in paragraph (3).
Hardship loans
22.
- (1) An eligible student who has applied for the maximum amount of loan in respect of an academic year which has been notified to him and received at least one instalment of that loan may apply to the Secretary of State for a determination in accordance with paragraph (4) that he is eligible for an additional loan. . .. which shall be known as a "hardship loan".
(2) A hardship loan shall be £100 or a multiple thereof not exceeding £500.
(3) An eligible student shall demonstrate his eligibility for a hardship loan by providing such evidence of his requirements and resources as the Secretary of State may require.
(4) On being satisfied that an eligible student is in serious financial difficulty such that his access to a course or his continued attendance on a course may be at risk, the Secretary of State shall determine the amount of hardship loan which she considers the student requires, and the student shall be eligible for a hardship loan in that amount.
(5) An eligible student who is eligible for a hardship loan shall apply for a loan not greater than the amount referred to in paragraph (4) by completing and submitting to the Secretary of State an application in such form as she may require not later than one month after the date he receives notice of the determination under paragraph (4) and one month before the end of the academic year.
(6) The student shall sign a declaration on the application form in the terms set out in regulation 21(3).
(7) Where the amount of the hardship loan is determined to be less than £500 under paragraph (4), the student may make one further application for a hardship loan in accordance with the requirements of this regulation, except that the amount of the hardship loan under the second determination when added to the amount under the first determination shall not exceed £500.
(b) grants for dependants for which he is eligible under regulations 15 and 16;
(c) loan for living costs for which he is eligible under regulation 19, other than a loan to which a maximum amount referred to in regulation 3(6) or 20(12) or (13) applies;
(d) grant for travel costs for which he is eligible under regulation 18.
(2) Where the contribution exceeds the maximum amount of grant referred to in paragraph (1)(a) the maximum amount shall be reduced to nil, and the balance of the contribution not required to reduce the amount to nil shall be available to reduce the maximum amount of grant referred to in paragraph (1)(b).
(3) Where -
the amount available to reduce the maximum amount of grant referred to in paragraph (1)(b) shall be calculated in accordance with paragraph (2), but it shall be assumed that the maximum amount of grant referred to in paragraph (1)(a) is £1,100 rather than the amount referred to in regulation 11 (1)(c), (e) (f) or (g) or, in the case of a student who is not eligible for grant in pursuance of regulation 10(7)(c), rather than nothing.
(4) Where the contribution available to reduce the maximum amount of grant referred to in paragraph (1)(b) exceeds that maximum amount it shall be reduced to nil, and the balance of the contribution not required to reduce the amount to nil shall be available to reduce the maximum amount of loan referred to in paragraph (1)(c).
(5) Subject to paragraph (6) where the contribution available to reduce the maximum amount of loan referred to in paragraph (1)(c) would reduce that amount to less than the following amounts -
the maximum amount shall be reduced to that amount, and the balance of the contribution not required to reduce the amount of loan to that amount shall be available to reduce the maximum amount of grant referred to in paragraph (1)(d).
(6) Where the academic year in question is the final year of a course other than an accelerated course and the contribution available to reduce the maximum amount of loan referred to in paragraph (1)(c) would reduce that amount to less than the following amounts -
the maximum amount shall be reduced to that amount, and the balance of the contribution not required to reduce the amount of loan to that amount shall be available to reduce the maximum amount of grant referred to in paragraph (1)(d).
(7) Where under regulation 20(6) the Secretary of State determines that different rates shall apply for different quarters of the academic year the amount to which the maximum amount shall be reduced in accordance with paragraph (5) or (6) shall be the aggregate of the three amounts determined under paragraph (8) for the three quarters in respect of which loan is payable.
(8) The amount for each quarter determined under this paragraph shall be one third of the amount referred to in paragraph (5) or (6) which corresponds to the rate which the Secretary of State has determined shall be applicable for the quarter.
(9) Where the contribution available to reduce the maximum amount of grant referred to in paragraph (1)(d) exceeds that amount it shall be reduced to nil.
(2) The Secretary of State may make a provisional payment where assessment of the student's contribution or other matters have delayed final calculation of the amount of grant for which the student is eligible.
(3) No payment of grant for fees shall be made if -
Payment of grants and loans for living costs
26.
- (1) Subject to the following paragraphs and to regulation 17(4) the Secretary of State shall pay grants for which a student is eligible under Part IV or loans for which a student has applied under Part V in such instalments (if any) and at such times as she considers appropriate; and in the exercise of her functions under this paragraph she may in particular make provisional payments pending the final calculation of the amount of grant or loan for which the student is eligible.
(2) Grants for which a student is eligible under regulation 15 and loans for which a student has applied under Part V other than a loan under regulation 22 shall be payable in respect of three quarters of the academic year, and shall not be payable in respect of the quarter during which in the opinion of the Secretary of State the longest of any vacations is taken.
(3) The Secretary of State shall pay support referred to in paragraph (2) in the following instalments:
(4) Payments shall be made in such manner as the Secretary of State considers appropriate, and she may make it a condition of entitlement to payment that the eligible student shall provide her with particulars of a bank or building society account in the United Kingdom into which payments may be made by electronic transfer.
(5) Subject to regulation 7 no support referred to in paragraph (2) shall be payable in respect of a quarter beginning after an eligible student has withdrawn from, abandoned or been expelled from his course; and the amount of such support for the academic year shall be the aggregate of the support, if any, which is payable in respect of each quarter.
(6) No support referred to in paragraph (2) shall be payable in respect of a quarter during any part of which an eligible student is absent from his course, unless in the opinion of the Secretary of State it would be appropriate in all the circumstances to pay all or part of the support; and the amount of such support for the academic year shall be the aggregate of the support, if any, which is payable in respect of each quarter.
(7) In deciding whether it would be appropriate to pay all or part of the support under paragraph (6) the circumstances which the Secretary of State shall have regard to shall include the reasons for the student's absence, the length of the absence, and the financial hardship which not paying all or part of the support would cause.
(8) An eligible student shall not be considered to be absent from his course if he is unable to attend due to illness and his absence has not exceeded 60 days.
(9) Where after the Secretary of State has made any payment of support referred to in paragraph (2) she makes a determination of the amount of grant for which the student is eligible in respect of an academic year under regulation 15 either for the first time or by way of revision of a provisional or other determination of that amount -
(10) Where the Secretary of State has made any payment of support referred to in paragraph (2) and a student who is eligible for a loan under Part V other than a loan under regulation 22 applies for such a loan or applies for an additional such loan in respect of an academic year the Secretary of State shall pay the loan or the additional loan in instalments in accordance with paragraph (3), paying the first instalment as soon as is reasonably practicable after a satisfactory application has been received and any subsequent instalment with instalments already payable.
(11) Where the Secretary of State has paid an instalment of loan for which a student is eligible in respect of an academic year under Part V and she makes a determination that the amount of loan for which the student is eligible is less than the amount previously determined, either by way of revision of a provisional determination or otherwise, -
(12) Notwithstanding the above paragraphs where -
she may pay the support in such instalments, if any, as she considers appropriate.
(13) Notwithstanding the above paragraphs where the periods of attendance for a course are such that the payment of instalments during the quarters in respect of which the support is payable may cause the eligible student hardship the Secretary of State may pay the instalments at such other times as she considers appropriate.
(14) Notwithstanding the above paragraphs where by reason of the absence of the student -
she may pay such support in such number of instalments and in instalments of such amounts as she considers appropriate.
Overpayments
27.
- (1) Any overpayment of grant for fees under Part III shall be recovered by the Secretary of State from the academic authority.
(2) Any overpayment of grant for living costs under Part IV other than a grant for dependants under regulations 15 and 16 shall be recovered in such one or more of the following ways as the Secretary of State considers appropriate in all the circumstances:
(3) Any overpayment of grant for dependants under Part IV shall be recovered in such one or more of the following ways as the Secretary of State considers appropriate in all the circumstances:
(4) Any overpayment of a loan for living costs under Part V in respect of any academic year may be recovered if in the opinion of the Secretary of State -
but otherwise it shall be treated as a loan properly made under Part V which shall be repayable in accordance with the Act and regulations made under it.
(5) Where an overpayment of loan is treated as properly made under paragraph (4) the Secretary of State may subtract the overpayment from the amount of loan for living costs under Part V for which the student is eligible in respect of any other academic year.
(6) Where an overpayment of loan for living costs is recoverable in accordance with paragraph (4) it shall be recovered in such one or more of the following ways as the Secretary of State considers appropriate in all the circumstances:
(c) he is in breach of any obligation to repay any loan;
(d) he has not ratified any agreement for a loan made with him when he was under the age of 18; or
(e) he has, in the opinion of the Secretary of State, shown himself by his conduct to be unfitted to receive support.
(3) For the purposes of paragraph 2(c) and (d) "loan" means a loan made under the Education (Student Loans) Act 1990[56], the Education (Student Loans) (Northern Ireland) Order 1990[57] the Education (Scotland) Act 1980[58] and regulations made thereunder, the Education (Student Support) (Northern Ireland) Order 1998[59] and regulations made thereunder, or the Act and regulations made thereunder.
(4) Paragraph 2(d) shall only apply, in a case where the agreement for a loan is subject to the law of Scotland, if it was made -
(5) A person shall not be eligible for support for more than one designated part-time course at any one time.
(6) Where a person who meets the requirements of this regulation is notified of that fact by the Secretary of State under regulation 32(6) he shall thenceforth be an "eligible part-time student" for the purposes of these Regulations.
Designated part-time courses
29.
- (1) Subject to paragraph (3), a part-time course shall be designated for the purposes of section 22(1) of the Act and regulation 28(1) if -
(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.
(3) For the purposes of section 22 of the Act and regulation 28(1) the Secretary of State may designate part-time courses of higher education which are not designated by paragraph (1).
Eligibility for loans for part-time courses
30.
- (1) Subject to and in accordance with the following paragraphs, an eligible part-time student shall be eligible for a loan if:
(2) An eligible part-time student shall not be eligible for a loan if -
(3) For the purposes of paragraph 2(a) a degree shall not be treated as a first degree where -
(4) An eligible part-time student shall be eligible for a loan in respect of -
(b) any academic year which begins after the events referred to in paragraph (a)
but shall not be eligible for a loan in respect of any other academic year.
(5) Subject to paragraph (6), an eligible part-time student shall not be eligible for a loan if he is a prisoner serving a custodial sentence.
(6) Paragraph (5) 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.
(7) An eligible part-time student who is eligible for a loan in respect of an academic year in accordance with the preceding paragraphs shall be eligible for a loan in respect of that year if -
(8) For the purposes of paragraphs (7) and (10) 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 the loan is his spouse.
(9) In calculating an eligible part-time student's income under this regulation there shall be disregarded:
(10) Where the Secretary of State is satisfied that an eligible part-time student's financial resources in the current financial year are unlikely to, or do not, exceed £13,000 she may assess that student's eligibility for a loan under this regulation by reference to those resources in the current financial year.
(11) For the purposes of this regulation -
Amount of loan
31.
The amount of a loan for a designated part-time course in respect of each academic year shall be £500.
Applications for support
32.
- (1) A person shall apply for support in respect of an academic year of a part-time course (other than a course for the initial training of teachers) by completing and submitting to the Secretary of State an application in such form as she may require; and regulation 6 shall not apply to him in connection with his undertaking that course.
(2) The completed application form shall include among other things the following particulars:
(3) The applicant shall sign a declaration on the application form that -
(4) The application form must reach the Secretary of State not later than 6 months after the first day of the academic year of the course in which it is submitted, but where -
(5) An applicant shall demonstrate his eligibility for support by providing such evidence as the Secretary of State may require; and the Secretary of State may take such steps and make such inquiries as she considers necessary to determine whether the applicant is eligible for support.
(6) If the Secretary of State considers that the applicant is eligible for the support for which he has applied under this Part she shall -
Grants for disabled part-time students' living costs
33.
- (1) Subject to paragraphs (2) and (3), regulation 13 shall apply in relation to an eligible part-time student in respect of his undertaking a designated part-time course as it applies in relation to an eligible student in respect of his undertaking a designated course with the substitution -
(2) An eligible part-time student shall be eligible for grant under this regulation if, in respect of the second and any subsequent year of his part-time course, he is ordinarily resident in England and Wales on the first day of the academic year.
(3) Subject to paragraph (4), an eligible part-time student shall not be eligible for grant under this regulation if he is a prisoner serving a custodial sentence.
(4) Paragraph (3) 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.
Transfers of eligibility
34.
- (1) An eligible part-time student may request the Secretary of State to transfer his eligibility in any case where -
(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 thenceforth the student shall for all purposes 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 32.
(3) An eligible part-time student's eligibility as such may not be transferred after it has expired or been terminated under regulation 36.
Conversion of eligibility
35.
- (1) An eligible student under Part II may request the Secretary of State to convert his eligibility to that of an eligible part-time student in any case where -
(2) Subject to paragraph (3) ... 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 convert the eligible student's eligibility, and thenceforth the student shall for all purposes cease to be an eligible student and shall 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 32.
(3) The Secretary of State shall not under paragraph (2) convert the eligibility of a student who is a person mentioned in paragraph 7 of Schedule 1 and not in any other paragraph of that Schedule.
(4) An eligible student's eligibility as such may not be converted after it has expired or been terminated under regulation 8.
(5) Where under this regulation an eligible student under Part II becomes an eligible part-time student in the course of an academic year -
(6) Where the application 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.
(7) An eligible part-time student may request the Secretary of State to convert his eligibility to that of an eligible student under Part II in any case where -
(8) . . . The Secretary of State, on being satisfied of the matters referred to in paragraph (7) and that the second course is a designated course, shall convert the eligible part-time student's eligibility, and thenceforth 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.
(9) An eligible part-time student's eligibility as such may not be converted after it has expired or been terminated under regulation 36.
(10) Where under this regulation an eligible part-time student becomes an eligible student under Part II in the course of an academic year -
Termination of eligibility
36.
- (1) Subject to the following paragraphs an eligible part-time student shall cease to be eligible for support at the end of the academic year in which he completes his course.
(2) Where an eligible part-time student has withdrawn from a course in circumstances where the Secretary of State has not transferred or converted, or will not transfer or convert, his eligibility under regulation 34 or 35, or has abandoned, ceased to undertake or been expelled from his course, the Secretary of State shall determine that he is no longer eligible to receive support under this Part and on such determination he shall cease to be an eligible part-time student.
(3) Where an eligible part-time student has shown himself by his conduct to be unfitted to receive support under this Part the Secretary of State may determine that he is no longer eligible to receive such support and on such determination he shall cease to be an eligible part-time student.
Payment of support
37.
- (1) The Secretary of State shall pay a loan under this Part in a single instalment at such time as she considers appropriate.
(2) The Secretary of State shall pay grant pursuant to regulation 33 in such instalments (if any) and at such times as she considers appropriate.
(3) Payments shall be made in such manner as the Secretary of State considers appropriate, and she may make it a condition of entitlement to payment that the eligible part-time student shall provide her with particulars of a bank or building society account in the United Kingdom into which payment may be made by electronic transfer.
Overpayments
38.
- (1) Any overpayment of a loan under this Part in respect of any academic year may be recovered if in the opinion of the Secretary of State -
but otherwise it shall be treated as a loan properly made which shall be repayable in accordance with the Act and regulations made under it.
(2) Where an overpayment of loan is treated as properly made under paragraph (1) the Secretary of State may subtract the overpayment from the amount of loan under this Part for which the student is eligible in respect of any other academic year.
(3) Where an overpayment of loan is recoverable in accordance with paragraph (1) it shall be recovered in such of the following ways as the Secretary of State considers appropriate in all the circumstances:
(4) Any overpayment of grant paid pursuant to regulation 33 in respect of an academic year shall be recovered in such one or more of the following ways as the Secretary of State considers appropriate in all the circumstances:
2.
A person who is a refugee, ordinarily resident in the United Kingdom and Islands, who has not ceased to be so resident since he was recognised as a refugee, or who is the spouse, child or step-child of such a refugee, in each case who meets the residence condition in paragraph 8(a).
3.
A person who -
(b) has been granted leave to enter or to remain accordingly, and
(c) has been ordinarily resident in the United Kingdom and Islands throughout the period since he was granted leave to enter or remain
or who is the spouse, child or step-child of such a person, where the person, or as the case may be the spouse, child or step-child meets the residence conditions referred to in paragraph 8.
4.
A person who is an EEA migrant worker who -
5.
A person who is the spouse of an EEA migrant worker and who -
6.
- (1) A person who is the child of an EEA migrant worker and who -
(2) For the purposes of this paragraph "parent" includes a guardian, any other person having parental responsibility for a child and any person having care of a child, and "child" shall be construed accordingly.
7.
A person who is a national of a member State of the European Community or the child of such a national -
8.
The residence conditions referred to above are that -
4.
A course for the initial training of teachers, including such a course leading to a first degree.
5.
A course for the further training of teachers or youth and community workers.
6.
A course in preparation for a professional examination of a standard higher than that of -
not being a course for entry to which a first degree (or equivalent qualification) is normally required;
7.
A course providing education (whether or not in preparation for an examination) the standard of which is -
and for entry to which a first degree (or equivalent qualification) is not normally required.
(2) Where income may be disregarded under more than one of the sub-paragraphs of paragraph (1) it shall be disregarded under the sub-paragraph or sub-paragraphs which will result in the largest amount of the eligible student's income from all sources being disregarded under paragraph (1).
(3) Where an eligible student is a person mentioned in paragraph 7 of Schedule 1 and not in any other paragraph and his income arises from sources or under legislation different from sources or legislation normally relevant to a person mentioned in paragraph 1 of Schedule 1 his income shall not be disregarded in accordance with paragraph (1) but shall be disregarded to the extent necessary to ensure that he is treated no less favourably than a person in similar circumstances in receipt of similar income who is mentioned in Schedule 1 would be treated.
(4) Where an eligible student makes any payment for the maintenance of his child or former spouse or person who lived with him as his spouse by virtue of any agreement, instrument or enactment, the amount of such payment shall be deducted in calculating his income for the purposes aforesaid.
(5) In the case of an eligible student who makes any payment in pursuance of an obligation incurred before the first year of his course, in calculating his income for the purposes aforesaid there shall be deducted therefrom -
except that no deduction shall be made from the income of a student who has a spouse who is a dependant for the purpose of regulation 15 and in pursuance of regulation 15(14) the payment is taken into account in determining the spouse's income.
(6) In a case where the eligible student is the parent or step-parent of an eligible student in respect of whom a contribution is ascertained under Part II of this Schedule or of a child who holds an award in respect of which a parental contribution is applicable, so much of the amount (if any) by which the contribution is reduced under paragraph 4(3) as the Secretary of State considers just shall be treated as part of the eligible student's income for the purposes of this regulation.
(7) Where the eligible student is a lone parent having one or more dependent children under the age of 19 and he has elected to be ineligible for grant under regulation 16 in accordance with regulation 15(6), he may also elect to be ineligible for grant under regulation 15 and to have disregarded in calculating his income under this regulation £2,560 in respect of his only or eldest such child and £810 in respect of every other such child.
(8) Where the eligible student receives income in a currency other than sterling the value of the income shall be -
(2) Where, in a case not falling within paragraph 5(3) or (4), the Secretary of State is satisfied that the income of the parent in any financial year is as a result of some event beyond his control likely to be, and to continue after that year to be, not more than 85 per cent. of his income in the financial year preceding that year, he may, for the purpose of enabling the eligible student to attend the course without hardship, ascertain the parental contribution for the year of his course in which that event occurred by taking as the residual income the average of the residual income for each of the financial years in which that year falls.
(3) Where the eligible student's parent satisfies the Secretary of State that his income is wholly or mainly derived from the profits of a business or profession carried on by him, then, if the Secretary of State and the parent so agree, any reference in this Part of this Schedule to a financial year shall be construed as a reference to a year ending with such date as appears to the Secretary of State expedient having regard to the accounts kept in respect of that business or profession and the periods covered thereby.
(4) Where a parent is in receipt of any income which does not form part of his taxable income by reason only that -
his income for the purposes of this Part of the Schedule shall be computed as though the income first mentioned in this sub-paragraph were part of his taxable income.
(5) Where the income of the eligible student's parent is computed as for the purposes of the income tax legislation of another member State -
(6) The rate applied in determining the sterling value of another currency under sub-paragraph (5) shall be the rate for the month in which the last day of the financial year in question falls published by the Office for National Statistics in "Financial Statistics".
Application of Part II
3.
- (1) A parental contribution ascertained in accordance with this Part shall be applicable in the case of every eligible student except where -
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; provided that he has not at any time from the beginning of the three month period to the first day of his course in fact been under the charge or control of his parents;
(h) his parents are residing outside the European Community and the Secretary of State is satisfied either that -
(i) paragraph 5(7) applies and the parent whom the Secretary of State considered the more appropriate for the purposes of that sub-paragraph has died;
(j) he is a member of a religious order who resides in a house of his order.
(2) For the purposes of sub-paragraph (1)(b) an eligible student shall be treated as having supported himself out of his earnings for any period or periods for which -
(3) For the purposes of sub-paragraph (1)(f) an eligible student shall be regarded as irreconcilably estranged from his parents if, but not only if, he has communicated with neither of them for the period of one year before the beginning of the year for which payments in pursuance of his support fall to be made.
Parental contribution
4.
- (1) The parental contribution shall subject to sub-paragraphs (2) and (3) be in any case in which the residual income is £20,480 or more £45 with the addition of £1 for every complete £9.50 by which it exceeds £20,480, reduced in each case in respect of each child of the parent (other than the student) who is wholly or mainly financially dependent on him on the first day of the year for which the contribution falls to be ascertained, by £81; and in any case in which the residual income is less than £20,480 the parental contribution shall be nil.
(2) The amount or (where a contribution is ascertained in respect of more than one child of the parent) the aggregate amount of the parental contribution shall in no case exceed £6,749.
(3) For any year in which a statutory award is held by -
the parental contribution for the eligible student shall be such proportion of any contribution ascertained in accordance with this Part as the Secretary of State (after consultation with any other authority involved) considers just; provided that where a contribution is ascertained in respect of more than one child of the parent the aggregate amount of the contributions in respect of each shall not exceed the amount of the contribution that would be ascertained if only one child held an award or, if that amount is different in respect of each child, the lower or (as the case may be) lowest such amount.
Gross income
5.
- (1) For the purposes of this paragraph "preceding financial year" means the financial year preceding the academic year in respect of which the resources of the eligible student fall to be assessed and "current financial year" means the financial year which includes the first day of the academic year; provided that where references to a financial year fall to be construed in accordance with paragraph 2(3) as references to a year ending less than five months before the beginning of an academic year of the eligible student's course, "preceding financial year" shall mean the financial year last ending five or more months before the academic year in respect of which the resources of the eligible student fall to be assessed and "current financial year" shall mean the financial year ending within those five months.
(2) Subject to the provisions of this paragraph, "gross income" means the income of the student's parent in the preceding financial year or, for the purpose of calculating residual income under paragraph 2(2), in the financial year there mentioned.
(3) Where the Secretary of State is satisfied that the sterling value of the income of the student's parent in the current financial year is likely to be not more than 85 per cent. of the sterling value of his income for the preceding financial year, she may for the purpose of calculating the parental contribution ascertain the gross income by reference to the current financial year; and in such case sub-paragraph (2) shall have effect, in relation to the academic year in respect of which the eligible student's resources fall to be assessed and, if the Secretary of State so determines, any subsequent year, as if the reference therein to the preceding financial year were a reference to the current financial year.
(4) Where -
the parental contribution shall -
(5) Without prejudice to sub-paragraph (6), where, in pursuance of any trust deed or other 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 income of the parent.
(6) Where any such benefit as is mentioned in paragraph 1 (1)(b) of Part I of this Schedule is provided, by reason of the parent's employment, for any member of his family or household who is an eligible student (whether the student or some other such member) then that benefit shall not be treated as part of the gross income of the parent.
(7) Where the parents do not ordinarily live together throughout the year in respect of which the resources of the eligible student fall to be ascertained ("the relevant year"), the parental contribution shall be determined by reference to the income of whichever parent the Secretary of State considers the more appropriate in the circumstances.
(8) Where the parents do not ordinarily live together for part only of the relevant year, the parental contribution shall be the aggregate of -
(9) Where one of the eligible student's parents is his step-parent the parental contribution shall be ascertained by reference only to the income of the other parent.
Deductions
6.
- (1) For the purposes of determining the income of a student's parent (and, accordingly, the parent's gross income), in computing his taxable income as for the purposes of the Income Tax Acts or for the purposes of the income tax legislation of another member State of the European Community any deductions which fall to be made or exemptions which are permitted -
shall not be made or permitted.
(2) For the purpose of determining a parent's residual income there shall be deducted from his gross income -
(3) In any case where income is computed as for the purposes of the Income Tax Acts by virtue of paragraph 2(4), there shall be deducted from the parent's gross income sums equivalent to the deduction mentioned in sub-paragraph (2)(b), provided that any sums so deducted shall not exceed the deductions that would be made if the whole of the parent's income were in fact taxable income for the purposes of the Income Tax Acts.
(c) every woman student ordinarily living with her husband; and
(d) every woman student ordinarily living with a man as her husband, if she falls within paragraph 3(1)(a) and she is on a course which began on or after 1st September 2000 unless
(2) Paragraph (1) shall not apply to -
Spouse's contribution
8.
- (1) Subject to sub-paragraphs (3) and (4), Part II above, except paragraphs 3, 4(1), (2), (3)(a) and (c), 5(4), (7), (8) and (9), and 6(2)(d), shall apply with the necessary modifications for the ascertainment of the spouse's contribution as it applies for the ascertainment of the parental contribution, references to the parent being construed, except where the context otherwise requires, as references to the eligible student's spouse within the meaning of paragraph 7 and, unless the context otherwise requires, this Part shall be construed as one with the said Part II.
(2) The spouse's contribution shall be in any case in which the residual income is £17,615 or more, £45 with the addition of £1 for every complete £8 by which it exceeds £17,615, reduced in any such case by £81 in respect of each child of the eligible student who is dependent on him or his spouse on the first day of the year for which the contribution falls to be ascertained; and in any case in which the residual income is less than £17,615 the spouse's contribution shall be nil; provided that the amount of the spouse's contribution shall in no case exceed £6,749.
(3) This sub-paragraph applies if the eligible student marries or starts living with a person as their husband or wife within the meaning of paragraph 7 during any academic year for which the contribution falls to be ascertained. The contribution for that year shall be the fraction of the sum ascertained in accordance with the provisions of sub-paragraphs (1) and (2) of which the denominator is 52 and the numerator is the number of complete weeks between the date of the marriage or their starting to live together and whichever is the earlier of the end of that year and the end of the course.
(4) This sub-paragraph applies if the eligible student's marriage terminates or if the student ceases living with a person as their husband or wife within the meaning of paragraph 7 during any academic year for which the contribution falls to be ascertained. The contribution for that year shall be the fraction of the sum ascertained in accordance with the provisions of sub-paragraphs (1) and (2) of which the denominator is 52 and the numerator is the number of complete weeks between the beginning of that year and the termination of the marriage or their ceasing to live together.
(5) In accordance with the provisions of this Part, more than one contribution may be applicable in any academic year.
[2] 1962 c. 12; the relevant provisions, as amended, are set out in Schedule 5 to the Education Act 1980 (c. 20).back
[4] S.I. 1999/496, amended by S.I. 1999/2266 and by S.I. 2000/1120.back
[5] S.I. 2000/1121, amended by S.I. 2000/1490, by S.I. 2000/2142 and by S.I. 2000/2912.back
[6] S.I. 2001/951, amended by S.I. 2001/1730, S.I. 2001/2355 and S.I. 2002/174.back
[7] 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, and by the Tax Credits Act 1999 (c. 10), section 1(2) and Schedule 1, paragraphs 1(a) and (b) and 2(h) and by section 14(1) to (5), the Welfare Reform and Pensions Act 1999, section 88 and Schedule 13, Part IV, the Jobseekers Act 1995, section 41(4) and Schedule 2, paragraph 34 and by the Local Government Finance Act 1992 (c. 14), section 103 and Schedule 9, paragraph 2.back
[8] 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, 1995/203, 1995/482, 1995/516.back
[11] 1963 c. 33; section 76 was amended by the Local Authorities etc. (Miscellaneous Provisions) Order 1974 (S.I. 1974/482), article 11.back
[13] S.I. 1998/1166, amended by the Education (Mandatory Award) Regulations 1998 (Amendment) Regulations 1998 (S.I. 1998/1972).back
[15] Cmnd. 3906 (Out of print; photocopies are available, free of charge, from the Student Support Division, Department for Education and Skills, Mowden Hall, Staindrop Road, Darlington DL3 9BG or the Student Awards Agency for Scotland, Gyleview House, 3 Redheughs Rigg, South Gyle, Edinburgh EH12 9HH).back
[16] 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
[17] S.I. 1990/1506 (N. I. 11).back
[18] 1980 c. 44, amended by the Teaching and Higher Education Act 1998 (c. 30), section 29.back
[19] S.I. 1998/1760 (N.I.14).back
[20] 1971 c. 77; amended by the British Nationality Act 1981 (c. 61), section 39 and Schedule 4; by the Immigration Act 1988 (c. 14), sections 1, 3, 4, 6 and 10 and the Schedule, by the Asylum and Immigration Appeals Act 1993 (c. 23), sections 10 to 12.back
[21] OJ No. L257, 19.10.68, p. 2 (OJ/SE 1968 (II), p. 457).back
[25] 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 and 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), 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
[26] S.I. 1972/1265 (N. I. 14).back
[28] 1992 c. 13; section 65(3A) was inserted by section 27 of the Teaching and Higher Education Act 1998 (c. 30).back
[30] 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 and 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), 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
[31] S.I. 1972/1265 (N. I. 14).back
[32] 1980 c. 44; section 74(1) was amended by paragraph 8(17) of Schedule 10 to the Self-Governing Schools etc. (Scotland) Act 1989 (c. 39).back
[33] ERASMUS is part of the European Community action programme SOCRATES, OJ No. L87, 20.4.95, p. 10.back
[34] The Teacher Training Agency was established under section 1 of the Education Act 1994 (c. 30).back
[36] 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 and 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), 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
[37] S.I. 1972/1265 (N. I. 14).back
[38] 1977 c. 49; section 8 was substituted by the Health Authorities Act 1995 (c. 17), section 1(1).back
[39] Section 11 was amended by the Health Services Act 1980 (c. 53), Schedule 1, paragraph 31, the National Health Service and Community Care Act 1990 (c. 19), Schedule 10 and the Health Authorities Act 1995 (c. 17), Schedule 1, paragraph 2.back
[40] 1978 c. 29; section 2 was amended by the Health and Social Security Adjudications Act 1983 (c. 41), Schedule 7, paragraph 1, and by the National Health Service and Community Care Act 1990 (c. 19), section 28 and Schedule 9, paragraph 19(1).back
[41] S.I. 1972/1265 (N. I. 14).back
[43] 1976 c. 36; section 57A was introduced by paragraph 25 of Schedule 10 to the Children Act 1989 (c. 41). The relevant instruments are S.I. 1991/2030 and 2742.back
[45] 1975 c. 72; a new section 34 was substituted by section 64 of the Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22); the Act was repealed by the Children Act 1989 (c. 41), section 108(7) and Schedule 15.back
[46] 1996 c. 56, section 312.back
[47] S.I. 1999/3110, made in exercise of the powers conferred by sections 15(1) and 15(4) of the Tax Credits Act 1999 (c. 10).back
[48] 1989 c. 41; Section 79F was inserted by the Care Standards Act 2000 (c. 14).back
[49] City technology colleges and city colleges for the technology of the arts are established pursuant to section 482 of the Education Act 1996 (c. 56).back
[50] City academies are established pursuant to section 482 of the Education Act 1996 (c. 56) as amended by the Learning and Skills Act 2000 (c. 21), section 130.back
[52] The definition of "school year" was inserted by the Education Act 1997 (c. 44), Schedule 7, paragraph 43.back
[53] 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 and 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), 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
[54] S.I. 1972/1265 (N. I. 14).back
[56] 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
[57] S.I. 1990/1506 (N. I. 11).back
[58] 1980 c. 44, amended by the Teaching and Higher Education Act 1998 (c. 30), section 29.back
[59] S.I. 1998/1760 (N. I. 14).back
[61] Section 124, which provides for income support, is amended by the Jobseekers Act 1995 (c. 18), section 41 and Schedules 2 and 3 and by the Welfare Reform and Pensions Act 1999 (c. 30), section 70 and Schedule 8, Part IV, paragraph 28.back
[62] Section 128, which provides for working families' tax credit, is amended by the Tax Credits Act 1999 (c. 10), section 1(2) and Schedule 1, paragraphs 1(a), (b) and 2(g) and by the Jobseekers Act 1995 section 41(4) and Schedule 2, paragraph 33.back
[63] Section 129, which provides for disabled person's tax credit, is amended by the Tax Credits Act 1999 section 1(2) and Schedule 1, paragraphs 1(a) and (b) and 2(h) and by sections 14(1) to (5), the Social Security (Incapacity for Work) Act 1994 (c. 18), sections 10(2) and (3) and 11(1), and Schedule 1, paragraph 32, the Welfare Reform and Pensions Act 1999, section 88 and Schedule 13, Part IV, the Jobseekers Act 1995, section 41(4) and Schedule 2, paragraph 34 and by the Local Government Finance Act 1992 (c. 14), section 103 and Schedule 9, paragraph 2.back
[64] Section 130, which provides for housing benefit, is amended by the Local Government Finance Act 1992, section 103 and Schedule 9, paragraph 3, the Local Government etc (Scotland) Act 1994 (c. 39), section 180(1) and Schedule 13, paragraph 174(4) and by the Housing Act 1996 (c. 52), section 227 and Schedule 19, Part VI with savings (see S.I. 1997/618, article 2 and Schedule, paragraph 4).back
[65] Section 131, which provides for council tax benefit, was substituted by the Local Government Finance Act 1992, section 103, Schedule 9, paragraph 4.back
[66] S.I. 1980/51, amended by S.I. 1985/1192, 1989/596.back
[68] 1986 c. 45; section 310 was amended by the Pensions Act, 1995 (c. 26), Schedule 3, paragraph 15.back
[69] S.I. 1989/2405 (N. I. 19).back
[70] 1971 c. 77; amended by the British Nationality Act 1981 (c. 61), section 39 and Schedule 4; by the Immigration Act 1988 (c. 14), sections 1, 3, 4, 6 and 10 and the Schedule, by the Asylum and Immigration Appeals Act 1993 (c. 23), sections 10 to 12.back
[71] OJ No. L257, 19.10.68, p2 (OJ/SE 1968(II) p. 475).back
[72] 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 and 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), 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
[73] S.I. 1972/1265 (N. I. 14).back
[74] 1986 c. 61; section 50 was amended by the Education Act 1993 (c. 35), section 278 (6), Schedule 19, paragraph 102, Schedule 21 Part II, and by the Education Act 1994 (c. 30), section 13(2) to (4).back
[77] 1992 c. 4; there are amendments which are not relevant.back
[78] 1976 c. 36; section 57A was introduced by the Children Act 1989 (c. 41), Schedule 10, paragraph 25; the relevant instruments are S.I. 1991/2030, 2130 and 2742.back
[80] 1975 c. 72; a new section 34 was substituted by section 64 of the Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22); the Act was repealed by the Children Act 1989 (c. 41), section 108(7) and Schedule 15.back
[81] 1992 c. 4; amendments relating to working families' tax credit were made by the Tax Credits Act 1999 (c. 10), section 1(2) and Schedule l, paragraphs 1(a), (b) and 2(g) and by the Jobseekers Act 1995 section 41(4) and Schedule 2, paragraph 33.back
[82] ERASMUS is part of the European Community action programme known as SOCRATES, OJ No. L87, 20.4.95, p. 10.back
[83] LINGUA is part of the European Community action programme known as SOCRATES, OJ No. L87, 20.4.95, p. 10.back
[84] OJ No. L340, 29.12.94, p. 8.back
[85] 1980 c. 44; section 74(1) was amended by paragraph 8(17) of Schedule 10 to the Self-Governing Schools etc. (Scotland) Act 1989 (c. 39).back
[86] S.I. 1993/2810 (N.I. 12).back
[87] S.I. 1997/1772 (N.I. 15).back