United Kingdom Statutory Instruments

CHAPTER 5
GRANTS FOR TRAVEL

43.	Adult dependants' grant

44.	Childcare grant

45.	Parents' learning allowance

46.	Calculations

47.	Interpretation of Chapter 4

48.

CHAPTER 6
MAINTENANCE GRANTS FOR CURRENT SYSTEM STUDENTS

49.	Qualifying conditions for the grant for travel – courses in medicine and dentistry

50.	Amount of the grant for travel – courses in medicine and dentistry

51.	Qualifying conditions for the grant for travel – overseas study

52.	Amount of the grant for travel – overseas study

53.	Additional amount of grant for travel – overseas study

54.	Deductions from the grant for travel

55.	Interpretation

56.	Qualifying conditions for the maintenance grant

57.	Amount of the maintenance grant

CHAPTER 7
SPECIAL SUPPORT GRANTS FOR CURRENT SYSTEM STUDENTS

58.	Qualifying conditions for the special support grant

59.	Amount of the special support grant

CHAPTER 8
HIGHER EDUCATION GRANTS FOR OLD SYSTEM STUDENTS

60.	Qualifying conditions for the higher education grant

61.	Amount of the higher education grant

PART 6
LOANS FOR LIVING COSTS
CHAPTER 1
QUALIFYING CONDITIONS

62.	Qualifying conditions for the loan for living costs – current system students

63.	Qualifying conditions for the loan for living costs – old system students

CHAPTER 2
MAXIMUM AMOUNTS OF LOANS

64.

65.	Current system students with full entitlement

66.	Type 1 and type 2 teacher training students

67.	Old system students with full entitlement

68.	Students with reduced entitlement

CHAPTER 3
MISCELLANEOUS

69.	Quarters in respect of which the loan for living costs is payable

70.	Students falling into more than one category

71.	Students residing with parents

72.	Students becoming eligible in the course of an academic year

73.	Students who are treated as in attendance on a course

74.	Increases in maximum amount

75.	Deductions from loans for living costs

76.	Applying for an additional amount of loan for living costs

77.	Categories of student

78.	Interpretation of Part 6

PART 7
COLLEGE FEE LOANS

79.

PART 8
INTEREST AND INSOLVENCY

80.	Qualifying conditions

81.	Persons to be treated as eligible students

82.	Disabled students

83.	Students becoming eligible during the course of an academic year

84.	Availability of college fee loans

88.	Amount of college fee loan

89.

Transfers

90.

Interest

91.	Insolvency

PART 9
FINANCIAL ASSESSMENT

92.	Calculation of contribution

93.	Application of contribution – current system students

94.	Application of contribution – old system students

95.	Order of application

96.	Application of contribution to loan for living costs

97.	Amount of loan for living costs payable to certain type 1 and type 2 teacher training students

PART 10
PAYMENTS
CHAPTER 1
PAYMENT OF GRANTS FOR FEES

98.	Payment of grants for fees

CHAPTER 2
PAYMENT OF GRANTS FOR LIVING AND OTHER COSTS

99.	Payment of grants for living and other costs

CHAPTER 3
PAYMENT OF LOANS

100.

PART 11
SUPPORT FOR PART-TIME COURSES

101.	Provision of United Kingdom national insurance number

102.	Information requirements

103.	Payment of fee loans and fee contribution loans

104.	Payment of college fee loans

105.	Payment of loans for living costs

CHAPTER 4
OVERPAYMENTS

106.	Overpayments of fee support

107.	Overpayments of college fee loan

108.	Overpayments of support payable under Part 5 or Part 6

CHAPTER 5
INTERPRETATION

109.	Interpretation

110.	Eligible part-time students

111.	Students becoming eligible during the course of the academic year

112.	Designated part-time courses

113.	Period of eligibility

114.	Assistance for part-time courses

115.	Amount of assistance

116.	Interpretation of regulation 115

117.	Assistance with fees in respect of attendance on a course in Wales, Northern Ireland or Scotland

118.	Disabled part-time students' allowance

119.	Applications for support

120.	Declarations provided by academic authorities

121.	Information

122.	Transfer of status

123.	Conversion of status

124.	Payment of grants for books, travel and other expenditure and disabled part-time students' allowances

125.	Payment of grants for fees

126.	Overpayments

PART 12
SUPPORT FOR POSTGRADUATE STUDENTS WITH DISABILITIES

127.	Eligible postgraduate students

128.	Students becoming eligible in the course of an academic year

129.	Designated postgraduate courses

130.	Period of eligibility

131.	Transfer of status

132.	Applications for support

133.	Information

134.	Amount of grants

135.	Payment of grants

136.	Overpayments

SCHEDULE 1—

AMENDMENT OF THE EDUCATION (STUDENT SUPPORT) REGULATIONS 2006

The Secretary of State for Education and Skills makes the following Regulations in exercise of the powers conferred by sections 22, 42(6) and 43(1) of the Teaching and Higher Education Act 1998[1]:

PART 1
GENERAL
Citation, commencement, application and extent
     1. —(1) These Regulations may be cited as the Education (Student Support) Regulations 2007 and come into force on 1st March 2007.

    (2) Subject to paragraphs (3) and (4), these Regulations apply in relation to England[2].

    (3) Regulation 91(1) also applies in relation to Wales.

    (4) Regulation 91(2) extends to Northern Ireland.

Interpretation
     2. —(1) In these Regulations—

"the 1962 Act" means the Education Act 1962[

3

"the 1998 Act" means the Teaching and Higher Education Act 1998;

"academic authority" means, in relation to an institution, the governing body or other body having the functions of a governing body and includes a person acting with the authority of that body;

"academic year" means the period of twelve months beginning on 1st January, 1st April, 1st July or 1st September of the calendar year in which the academic year of the course in question begins according to whether that academic year begins on or after 1st January and before 1st April, on or after 1st April and before 1st July, on or after 1st July and before 1st August or on or after 1st August and on or before 31st December, respectively;

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

"borrower" means a person to whom a loan has been made;

"bursary year" means an academic year of a course—

"college fee loan" means a loan for college fees payable to a qualifying student pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act;

"compressed degree course" means a course determined in accordance with paragraph (2) to be a compressed degree course;

"compressed degree student" means an eligible student who—

(c) either—

"contribution" means an eligible student's contribution calculated pursuant to regulation 92 and Schedule 5;

"course for the initial training of teachers" includes such a course leading to a first degree unless otherwise indicated but excludes an employment-based teacher training scheme;

"current course" means the designated course in respect of which a person is applying for support;

"current part-time course" means the designated part-time course in respect of which a person is applying for support;

"current postgraduate course" means the designated postgraduate course in respect of which a person is applying for support;

"current system student" means an eligible student who—

"designated course" means a course designated by regulation 6 or by the Secretary of State under regulation 6;

"designated part-time course" means a course designated by regulation 112 or by the Secretary of State under regulation 112;

"designated postgraduate course" means a course designated by regulation 129 or by the Secretary of State under regulation 129;

"disabled part-time students' allowance" means the grant payable under regulation 118;

"disabled students' allowance" means the grant payable under regulation 40;

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"EC national" means a national of a Member State of the European Community;

"electronic signature" is so much of anything in electronic form as—

"eligible part-time student" has the meaning given in regulation 110;

"eligible postgraduate student" has the meaning given in regulation 127;

"eligible student" has the meaning given in paragraph (3);

"employment-based teacher training scheme" means—

"end-on course" means—

23

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

"fee contribution loan" means a loan for fees made to an old system student pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act;

"fee loan" means a loan for fees made to a current system student pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act;

"fees" has the meaning given in section 41(1) of the 2004 Act except in references to college fees;

"fee support" means a grant for fees pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act, a fee contribution loan or a fee loan;

24

"former Metropolitan Police District" means—

(c) in the county of Hertfordshire—

(d) in the county of Surrey—

"gap year student" has the meaning given in paragraph (5);

"grant for living and other costs" means a grant payable under Part 5;

25

26

"higher education course" means a course referred to in Schedule 3 or a postgraduate or other course the standard of which is higher than the standard of a first degree course;

"household income" has the meaning given in Schedule 5;

"information" includes documents;

27

"intensive course" means an accelerated course or a compressed degree course;

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

"loan", except where otherwise indicated, means a loan pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act, including the interest accrued on the loan and any penalties or charges incurred in connection with it;

"loan for living costs" means a loan for living costs pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act;

"maintained school" means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school;

28

"old system student" means an eligible student who—

(d) began the current course on or after 1st September 2006 having had his status as an eligible student transferred to that course as a result of one or more transfers of that status by the Secretary of State pursuant to regulations made by him under section 22 of the 1998 Act from a designated course in connection with which the Secretary of State determined him to be an eligible student and which he began—

"ordinary duration" means, in relation to a designated course, the number of academic years that a standard student would take to complete the designated course excluding any academic years of the course that are bursary years or Erasmus years;

"period of eligibility" has the meaning given respectively in regulation 7 in relation to an eligible student, in regulation 113 in relation to an eligible part-time student and in regulation 130 in relation to an eligible postgraduate student;

"periods of work experience" means—

"person with leave to enter or remain" means a person—

29

"preliminary course" means a course mentioned in paragraph 2 or 3 of Schedule 3 that is taken before a full-time degree course (other than a first degree course for the initial training of teachers) or a foundation degree course that is taken before a full-time honours degree course, as the case may be;

"private institution" means an institution which is not publicly funded;

"public funds" means moneys provided by Parliament;

"publicly-funded", unless otherwise indicated, means maintained or assisted by recurrent grants out of public funds and related expressions are to be interpreted accordingly;

30

"qualifying course" means a full-time designated course which is provided by the University of Oxford or the University of Cambridge and—

"qualifying student" means a person who satisfies the criteria in regulation 80;

"qualifying year of study" means an academic year of a designated course—

"quarter" in relation to an academic year means a period in that year—

31

32

"Research Council" means any of the following research councils—

"right of permanent residence" means a right arising under Directive 2004/38 to reside in the United Kingdom permanently without restriction;

"sandwich course" has the meaning given in paragraph (9);

33

"specified designated course" has the meaning given in paragraph (10);

"standard academic year", unless otherwise indicated, means an academic year of a designated course (other than an academic year that is a bursary year or an Erasmus year) that would be taken (in whole or in part) by a person who does not repeat any part of the course as from 1st September 2006 and who enters the course at the same point as the eligible student;

"standard student" is a student who is to be taken—

"statutory award" means any award bestowed, grant paid or other support provided by virtue of the 1998 Act or the 1962 Act, or any comparable award, grant or other support in respect of undertaking a course which is paid out of public funds;

34

35

36

"support" means financial support by way of grant or loan made by the Secretary of State pursuant to regulations made by him under section 22 of the 1998 Act;

37

"type 1 teacher training student" means a current system student on a course for the initial training of teachers (other than a course for a first degree) whose periods of full-time attendance (including attendance for the purpose of teaching practice) in the academic year in respect of which he is applying for support are in aggregate at least 6 weeks but less than 10 weeks; and

"type 2 teacher training student" means a current system student on a course for the initial training of teachers (other than a course for a first degree) whose periods of full-time attendance (including attendance for the purpose of teaching practice) in the academic year in respect of which he is applying for support are in aggregate 10 weeks or more.

(2) The Secretary of State may determine that a course is a compressed degree course if, in his opinion, that course is—

    (3) Subject to paragraph (4), "eligible student" has the meaning given in regulation 5.

    (4) For the purposes of the college fee loan, references to an eligible student in regulations 7, 8, 9, 91 and Schedule 4 include a person treated as an eligible student by virtue of regulation 81.

    (5) In these Regulations, a person is a "gap year student" in relation to a course provided by or on behalf of an institution that was publicly funded as at 1st August 2005 if he meets the conditions in paragraph (6) or (8).

    (6) The conditions are—

(7) In paragraph (6), a course (the "original course") is similar to the current course if—

(8) The conditions are—

(9) In these Regulations—

(b) in calculating the student's attendance for the purposes of paragraph (a), the course is to be treated as beginning with the first period of full-time study and ending with the last such period; and

(c) for the purposes of paragraph (a), where periods of full-time study and work experience alternate within any week of the course, the days of full-time study are aggregated with each other and with any weeks of full-time study in determining the number of weeks of full-time study in each year.

    (10) In these Regulations, the "specified designated course" means the current course subject to paragraphs (11) and (12).

    (11) Where the student's status as an eligible student has been transferred to the current 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 by him under section 22 of the 1998 Act, the specified designated course is the initial course.

    (12) Where the current course is an end-on course, the specified designated course is the course in relation to which the current course is an end-on course (the "preceding course"). Where the preceding course is itself an end-on course, the specified designated course is the course in relation to which the preceding course is an end-on course.

Amendment of the Education (Student Support) Regulations 2006
     3. The 2006 Regulations are amended in accordance with Schedule 1.

Revocation, savings and transitional provisions
     4. —(1) Subject to paragraphs (2) and (3), the following regulations are revoked on 1st September 2007—

(a) the Education (Student Support) Regulations 2006[

38

39

40

    (2) Paragraph (3) of regulation 3 of the 2006 Regulations continues to apply.

    (3) The 2006 Regulations continue to apply to the provision of support to students in relation to an academic year which begins on or after 1st September 2006 but before 1st September 2007.

    (4) Regulation 90 applies to loans with effect from 1st September 2007.

    (5) With the exception of regulation 3, these Regulations apply in relation to the provision of support to students in relation to an academic year which begins on or after 1st September 2007 whether anything done under these Regulations is done before, on or after 1st September 2007.

    (6) Despite any other provision in these Regulations where—

he is an old system 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 (7) applies he qualifies for support by way of loan for living costs under Part 6 only if he is an eligible student under these Regulations and if he satisfies the qualifying conditions for an old system student in Part 6.

(7) Despite any other provision in 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 is an old system student for the purposes of Part 6 in connection with the course, or any subsequent designated course which (disregarding any intervening vacation) he begins immediately after ceasing that course, but unless paragraph (6) applies he qualifies for fee support under Chapters 3 and 4 of Part 4 and grants for living and other costs under Part 5 only if he is an eligible student under these Regulations and if he satisfies the relevant qualifying conditions for an old system student in Parts 4 and 5.

PART 2
ELIGIBILITY
Eligible students
     5. —(1) An eligible student qualifies for support in connection with a designated course subject to and in accordance with these Regulations.

    (2) Subject to paragraph (3), a person is an eligible student in connection with a designated course if in assessing his application for support the Secretary of State determines that the person falls within one of the categories set out in Part 2 of Schedule 2.

    (3) A person is not an eligible student if—

(a) an old award has been bestowed on him in respect of his attendance on the course;

(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 connection with the course—

(i) a healthcare bursary the amount of which is not calculated by reference to his income; or

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

41

(d) he is in breach of any obligation to repay any loan;

(e) he has reached the age of 18 and 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.

(4) For the purposes of paragraphs (3)(d) and (3)(e), "loan" means a loan made under the student loans legislation.

(5) In a case where the agreement for a loan is subject to the law of Scotland, paragraph (3)(e) only applies if the agreement was made—

(6) An eligible student in respect of whom the first academic year of the specified designated course begins on or after 1st September 2000 may not, at any one time, qualify for support for—

(7) Despite paragraphs (2) and (3) and subject to paragraphs (11) to (13), a person is an eligible student for the purposes of these Regulations if he satisfies the conditions in paragraph (8), (9) or (10).

(8) The conditions are—

(9) The conditions are—

(10) The conditions are—

(b) the person's status as an eligible part-time student or as an eligible student in connection with the course referred to in sub-paragraph (a) has been converted or transferred from that course to the current course as a result of one or more conversions or transfers in accordance with regulations made by the Secretary of State under section 22 of the 1998 Act;

(c) the person was not ordinarily resident in Wales on the first day of the first academic year of the course referred to in sub-paragraph (a); and

(d) the person's status as an eligible student has not terminated.

(11) Where—

(b) as at the day before the academic year in respect of which A is applying for support begins, the refugee status of A or of his spouse, civil partner, parent or step-parent, as the case may be, has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),

A's status as an eligible or qualifying student terminates immediately before the first day of the academic year in respect of which he is applying for support.

(12) Where—

(b) as at the day before the academic year in respect of which A is applying for support begins, the period for which the person with leave to enter or remain is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),

A's status as an eligible or qualifying student terminates immediately before the first day of the academic year in respect of which he is applying for support.

(13) Paragraphs (11) and (12) do not apply where the student began the course in connection with which the Secretary of State determined that he was an eligible part-time student, an eligible student or a qualifying student, as the case may be, before 1st September 2007.

Designated courses
6. —(1) Subject to paragraphs (2) and (3), a course is a designated course for the purposes of section 22(1) of the 1998 Act and regulation 5 if it is—

(a) mentioned in Schedule 3;

(b) one of the following—

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

(d) wholly provided by a publicly-funded educational institution or institutions in the United Kingdom or provided by such an institution or institutions in conjunction with an institution or institutions outside the United Kingdom.

    (2) A course falling within paragraph 7 or 8 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.

    (3) A course that is taken as part of an employment-based teacher training scheme is not a designated course.

    (4) For the purposes of paragraph (1)—

(a) a course is provided by an institution if it provides the teaching and supervision which comprise the course, whether or not the institution has entered into an agreement with the student to provide the course;

(b) a university and any constituent college or institution in the nature of a college of a university is to be regarded as publicly funded if either the university or the constituent college or institution is publicly funded; and

(c) an institution is not to 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[

42

(5) A course to which this paragraph applies is considered to be a single course for a first degree or for an equivalent qualification even if—

    (6) Paragraph (5) 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 surgeon, architect, landscape architect, landscape designer, landscape manager, town planner or town and country planner.

    (7) For the purposes of section 22 of the 1998 Act and regulation 5(1) the Secretary of State may designate courses of higher education which are not designated under paragraph (1).

Period of eligibility
     7. —(1) A student retains his status as an eligible student in connection with a designated course until the status terminates in accordance with this regulation or regulation 5.

    (2) The period for which an eligible student retains the status is the "period of eligibility".

    (3) Subject to the following paragraphs and regulation 5, the period of eligibility terminates at the end of the academic year in which the student completes the designated course.

    (4) The period of eligibility terminates when the eligible student—

(a) withdraws from his designated course in circumstances where the Secretary of State has not transferred or converted or will not transfer or convert his status as an eligible student under regulation 8 or regulation 123; or

(b) abandons or is expelled from his designated course.

(5) 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.

(6) If the Secretary of State is satisfied that an eligible student has failed to comply with any requirement to provide information under these Regulations or has provided information which is inaccurate in a material particular, the Secretary of State may take such of the following actions as he considers appropriate in the circumstances—

(a) terminate the period of eligibility;

(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 Chapter 4 of Part 10.

(7) Where the period of eligibility terminates before the end of the academic year in which the student completes the designated course, the Secretary of State may, at any time, renew the period of eligibility for such period as he determines.

Transfer of status
8. —(1) Where an eligible student transfers to another course, the Secretary of State must transfer the student's status as an eligible student to that course where—

(a) he receives a request from the eligible student to do so;

(b) he is satisfied that one or more of the grounds for transfer in paragraph (2) applies; and

(c) the period of eligibility has not terminated.

(2) The grounds for transfer are—

(a) on the recommendation of the academic authority the eligible student ceases one course and starts to—

(b) the eligible student starts to—

(c) after starting 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 (including an honours degree) of Bachelor of Education either at the same institution or at another institution;

(d) after starting 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 starting 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 receive in connection with the academic year of the course to which he transfers the remainder of the support assessed by the Secretary of State in respect of the academic year of the course from which he transfers.

    (4) The Secretary of State may re-assess the amount of support payable after the transfer.

    (5) An eligible student who transfers under paragraph (1) after the Secretary of State has assessed his support in connection with the academic year of the course from which he is transferring but before he completes that year may not, in connection with the academic year of the course to which he transfers, apply for another grant or loan of a kind that he has already applied for under these Regulations in connection with the academic year of the course from which he is transferring unless otherwise provided.

PART 3
APPLYING FOR SUPPORT AND PROVISION OF INFORMATION
Applications for support
     9. —(1) A person (the "applicant") must 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 he 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 must notify the applicant of whether he qualifies for support and, if he does qualify, the amount of support payable in respect of the academic year, if any.

Time limits
     10. —(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 does not apply where—

Information
11. Schedule 4 deals with the provision of information.

PART 4
FEE SUPPORT

CHAPTER 1
TYPES OF FEE SUPPORT AVAILABLE
Current system students
     12. A current system student qualifies for a fee loan in respect of the fees payable by him in connection with his attendance on a designated course in accordance with Chapter 2 of this Part.

Old system students
     13. —(1) An old system student qualifies for a grant for fees in respect of the fees payable by him in connection with his attendance on a designated course in accordance with Chapter 3 of this Part.

    (2) An old system student qualifies for a fee contribution loan in respect of the fees payable by him in connection with his attendance on a designated course in accordance with Chapter 4 of this Part.

Requirement to enter a contract for a loan for fees
     14. To receive a loan for fees payable under this Part, an eligible student must enter into a contract with the Secretary of State.

Students becoming eligible in the course of an academic year
     15. Where one of the events listed in regulation 16 occurs in the course of an academic year—

Events
16. The events are—

(a) the student's course becomes a designated course;

(b) the student, his spouse, his civil partner or his parent is recognised as a refugee or becomes a person with leave to enter or remain;

(c) a state accedes to the European Community where the student is a national of that state or a family member (as defined in Part 1 of Schedule 2) of a national of that state;

(d) the student becomes a family member (as defined in Part 1 of Schedule 2) of an EC national;

(e) the student acquires the right of permanent residence;

(f) the student becomes a person described in paragraph 6(1)(a) of Schedule 2; or

(g) the student becomes the child of a Swiss national.

Students to be treated as in attendance on a course
17. —(1) A student to whom this regulation applies is treated as if he were in attendance on the designated course for the purpose of qualifying for fee support.

(2) This regulation applies to—

(a) a compressed degree student; or

(b) a disabled student who—

CHAPTER 2
FEE LOANS FOR CURRENT SYSTEM STUDENTS
Availability of fee loans to current system students – general
18. —(1) A current system student does not qualify for fee support in respect of a designated course if—

    (2) A current system student does not qualify for a fee loan in respect of an academic year of a designated course that is a bursary year or an Erasmus year.

    (3) When assessing an application for support in respect of an academic year of a designated course, the Secretary of State must determine the "standard entitlement".

    (4) The standard entitlement is calculated in accordance with regulation 19, 20 or 21.

    (5) When assessing an application for support in respect of an academic year of a designated course, the Secretary of State must allocate a fee loan from the standard entitlement first to the final standard academic year of the course and then to each preceding standard academic year in turn until the standard entitlement is exhausted or a fee loan has been allocated to each standard academic year of the course.

    (6) A current system student qualifies for a fee loan in respect of a standard academic year of the designated course if the Secretary of State allocates a fee loan to that year when assessing the application for support for that year.

    (7) In addition to the standard entitlement, a current system student who falls within regulation 20 qualifies for a fee loan in respect of the first academic year that he takes of the designated course that is not a bursary year or an Erasmus year if he failed to complete the most recent previous course because of compelling personal reasons.

    (8) Where a current system student qualifies for a fee loan under paragraph (7), the Secretary of State must not allocate a fee loan under paragraph (5) to the first academic year that the student takes of the designated course that is not a bursary year or an Erasmus year.

    (9) In addition to the standard entitlement, if the Secretary of State determines that the student is repeating an academic year of the designated course because of compelling personal reasons, a current system student qualifies for a fee loan in respect of the year of repeat study provided that the academic year that the student is repeating was a qualifying year of study and the year of repeat study is not a bursary year.

    (10) A current system student qualifies for a fee loan in respect of an academic year of a designated course that is a year of repeat study which the student is taking other than for compelling personal reasons if—

    (11) In this regulation, the "number of additional years of support" is the number of years which make up the standard entitlement less the number of standard academic years (plus one where the student qualifies for a fee loan under paragraph (7)).

    (12) The amount of the fee loan in respect of an academic year is determined in accordance with regulation 22 and may be nil.

Standard entitlement of current system students who have not studied on a previous course
     19. The standard entitlement of a current system student who has not studied on a previous course is calculated as follows—

OD + 1

Standard entitlement of current system students who have transferred from or otherwise studied on a previous course
20. —(1) The standard entitlement of a current system student who has studied on a previous course and who does not fall within regulation 21 is calculated as follows—

(OD + 1) − PC

Standard entitlement of current system students on end-on courses and certain degree courses
21. —(1) This regulation applies to—

PC

(2) For the purposes of this regulation, a "current system student who has studied on a previous course" includes a current system student who has had his status as an eligible student transferred to the current course as a result of one or more transfers of that status by the Secretary of State pursuant to regulations made by him under section 22 of the 1998 Act from a designated course which—

(a) a current system student who is on an end-on course of the kind described in paragraph (a) or (b) of the definition of "end-on course" in regulation 2;

(b) a current system student who—

(c) a current system student who—

(2) Regulations 19 and 20 do not apply to students to whom this regulation applies.

(3) The standard entitlement of a student to whom this regulation applies is calculated as follows—

(D + X) − PrC

D

Amount of the fee loan
22. —(1) Unless one of the cases set out in paragraph (3) applies, the amount of a fee loan in respect of an academic year of a designated course must not exceed the lesser of—

PrC

(a) £3,070; and

(b) the fees payable by the student in connection with that year.

(2) In the cases set out in paragraph (3), the amount of a fee loan in respect of an academic year of a designated course must not exceed the lesser of—

(a) £1,535; and

(b) the fees payable by the student in connection with that year.

(3) The cases are—

(a) the final academic year of a designated course where that academic year is normally required to be completed after less than 15 weeks' attendance;

(b) in respect of a sandwich course, an academic year—

(c) in respect of a course for the initial training of teachers, an academic year during which any periods of full-time study are in aggregate less than 10 weeks;

(d) in respect of a course provided in conjunction with an overseas institution, an academic year—

(e) an academic year of a course provided by the Institute where the course began before 1st September 2001.

(4) If a student's status as an eligible student is transferred from one designated course to another under these Regulations and the circumstances in paragraph (5) apply, the student may apply to the Secretary of State to borrow an additional amount by way of a fee loan in respect of the academic year of the course to which he transfers.

(5) The circumstances are—

(a) the fees payable in respect of the academic year of the course to which the current system student transfers exceed the fees payable in respect of the academic year of the course from which the student is transferring; and

(b) the academic year of the course to which the current system student transfers does not begin on a later date than the academic year of the course from which he is transferring.

    (6) If a student's status as an eligible student is transferred from one designated course to another under these Regulations and the circumstances in paragraph (7) apply, the student may apply to the Secretary of State for another fee loan in respect of the academic year of the course to which he transfers.

    (7) The circumstances are that the academic year of the course to which the current system student transfers begins on a later date than the academic year of the course from which he is transferring.

    (8) Where the circumstances in paragraph (5) apply, the maximum additional amount that the current system student may borrow in respect of the academic year to which he transfers, provided that he qualifies for a fee loan in respect of that year, is determined by deducting the amount of any fee loan he has taken out under these Regulations in respect of the academic year from which he is transferring from the lesser of—

(a) £3,070 or, where one of the cases set out in paragraph (3) applies, £1,535; and

(b) the fees payable by the student in respect of the academic year to which he is transferring.

(9) Where the circumstances in paragraph (7) apply, the maximum amount of fee loan that a current system student may borrow in respect of the academic year to which he transfers provided that he qualifies for a fee loan in respect of that year is the lesser of—

(a) £3, 070 or, where one of the cases set out in paragraph (3) applies, £1,535; and

(b) the fees payable by the student in connection with that year.

(10) Where a current system student has applied for a fee loan of less than the maximum amount available in relation to an academic year, he may apply to borrow an additional amount which when added to the amount already applied for does not exceed the relevant maximum applicable in his case.

CHAPTER 3
GRANTS FOR FEES FOR OLD SYSTEM STUDENTS
Old system students who are continuing students
     23. —(1) This regulation applies to an old system student who began a designated course before 1st September 2006 and is continuing on that course after 31st August 2007 (a "continuing student").

    (2) A continuing student does not qualify for a grant for fees in respect of any academic year of the course that begins on or after 1st September 2007 where in the course of assessing an application for support in respect of an academic year of the designated course that began before 1st September 2006 the Secretary of State determined in accordance with regulations made by him under section 22 of the 1998 Act that the student did not qualify for fee support in respect of the designated course.

    (3) A continuing student does not qualify for a grant for fees in respect of a designated course if the designated course is a flexible postgraduate course for the initial training of teachers.

    (4) A continuing student does not qualify for a grant for fees in respect of an academic year of a designated course that is a bursary year or an Erasmus year.

    (5) When assessing an application for support in respect of an academic year of the designated course, the Secretary of State must determine the "standard entitlement".

    (6) The standard entitlement is calculated as follows—

(SAY − X) + 1

SAY

    (7) When assessing an application for support in respect of an academic year of the designated course, the Secretary of State must allocate a grant for fees from the standard entitlement first to the final standard academic year of the course and then to each preceding standard academic year in turn until the standard entitlement is exhausted or a grant for fees has been allocated to each standard academic year of the course.

    (8) A continuing student qualifies for a grant for fees in respect of a standard academic year of the designated course if the Secretary of State allocates a grant for fees to that year when assessing the application for support for that year.

    (9) The amount of the grant for fees in respect of an academic year is determined in accordance with regulation 29, 30 or 31 and may be nil.

Old system students who are transferring students
     24. —(1) Subject to paragraph (2), this regulation applies to an old system student—

(a) began a designated course on or after 1st September 2006 and is continuing on that course after 31st August 2007; or

(b) begins a designated course on or after 1st September 2007,

having had his status as an eligible student transferred to the course as a result of one or more transfers of that status by the Secretary of State pursuant to regulations made by him under section 22 of the 1998 Act from a designated course that he began before 1st September 2006 (a "transferring student").

    (2) This regulation does not apply where an eligible student has transferred from a course in relation to which he was a gap year student to another designated course in accordance with regulations made by the Secretary of State under section 22 of the 1998 Act.

    (3) Where in the course of assessing an application for support in respect of an academic year of the relevant course, the Secretary of State determined in accordance with regulations made by him under section 22 of the 1998 Act that the student did not qualify for fee support in respect of that course, a transferring student does not qualify for a grant for fees in respect of any academic year of the current course.

    (4) In this regulation, the "relevant course" is the designated course that the student was taking as at 31st August 2006.

    (5) A transferring student does not qualify for a grant for fees in respect of a designated course if the designated course is a flexible postgraduate course for the initial training of teachers.

    (6) A transferring student does not qualify for a grant for fees in respect of an academic year of a designated course that is a bursary year or an Erasmus year.

    (7) When assessing an application for support in respect of an academic year of a designated course, the Secretary of State must determine the "standard entitlement".

    (8) The standard entitlement is calculated as follows where the course began before 1st September 2007 and is not a course listed in paragraph (11)—

(RAY − X) + 1

RAY

(9) The standard entitlement is calculated as follows where the course begins on or after 1st September 2007 and is not a course listed in paragraph (11)—

RAY

(10) The standard entitlement is calculated as follows where the course is one listed in paragraph (11)—

OD + 1

    (12) When assessing an application for support in respect of an academic year of a designated course, the Secretary of State must allocate a grant for fees from the standard entitlement first to the final standard academic year of the course and then to each preceding standard academic year in turn until the standard entitlement is exhausted or a grant for fees has been allocated to each standard academic year of the course.

    (13) A transferring student qualifies for a grant for fees in respect of a standard academic year of the designated course if the Secretary of State allocates a grant for fees to that year when assessing the application for support for that year.

    (14) The amount of the grant for fees in respect of an academic year is determined in accordance with regulation 29, 30 or 31 and may be nil.

Old system students who are on end-on courses
     25. —(1) An old system student who is on an end-on course of the kind described in paragraph (a) of the definition of "end-on course" in regulation 2 that he began before 1st September 2006 qualifies for a grant for fees in respect of that course in accordance with regulation 23.

    (2) An old system student who is on an end-on course of the kind described in paragraph (c) of the definition of "end-on course" in regulation 2 qualifies for a grant for fees in respect of that course in accordance with regulation 23.

    (3) Paragraphs (4) to (10) apply to—

(11) The courses are—

(a) an old system student in respect of an end-on course of the kind described in paragraph (a) of the definition of "end-on course" in regulation 2 that he—

(b) an old system student in respect of an end-on course of the kind described in paragraph (b) of the definition of "end-on course" in regulation 2.

(4) An old system student to whom this paragraph applies does not qualify for fee support in respect of a course mentioned in paragraph (3) if—

(a) he has an honours degree from an institution in the United Kingdom and the exemption in regulation 35(1) or (2) does not apply; or

(b) the designated course is a flexible postgraduate course for the initial training of teachers.

    (5) An old system student to whom this paragraph applies does not qualify for a grant for fees in respect of an academic year of a course mentioned in paragraph (3) that is a bursary year or an Erasmus year.

    (6) When assessing an application for support in respect of an academic year of a course mentioned in paragraph (3), the Secretary of State must determine the "standard entitlement".

    (7) The standard entitlement is calculated as follows—

(D + X) − PrC

D

    (8) When assessing an application for support in respect of an academic year of a course to which this paragraph applies, the Secretary of State must allocate a grant for fees from the standard entitlement first to the final standard academic year of the course and then to each preceding standard academic year in turn until the standard entitlement is exhausted or a grant for fees has been allocated to each standard academic year of the course.

    (9) An old system student to whom this paragraph applies qualifies for a grant for fees in respect of a standard academic year of a course to which this paragraph applies if the Secretary of State allocates a grant for fees to that year when assessing the application for support for that year.

    (10) The amount of the grant for fees in respect of an academic year of a course to which this paragraph applies is determined in accordance with regulation 29, 30 or 31 and may be nil.

Old system students who are gap year students who have not studied on a previous course
     26. —(1) This regulation applies to an old system student who is a gap year student who has not studied on a previous course.

    (2) A gap year student does not qualify for fee support in respect of a designated course if—

PrC

(a) he has an honours degree from an institution in the United Kingdom and the exemption in regulation 35(1) or (2) does not apply; or

(b) the designated course is a flexible postgraduate course for the initial training of teachers.

    (3) A gap year student does not qualify for a grant for fees in respect of an academic year of a designated course that is a bursary year or an Erasmus year.

    (4) When assessing an application for support in respect of an academic year of a designated course, the Secretary of State must determine the "standard entitlement".

    (5) The standard entitlement is calculated as follows—

OD + 1

    (6) When assessing an application for support in respect of an academic year of a designated course, the Secretary of State must allocate a grant for fees from the standard entitlement first to the final standard academic year of the course and then to each preceding standard academic year in turn until the standard entitlement is exhausted or a grant for fees has been allocated to each standard academic year of the course.

    (7) A gap year student qualifies for a grant for fees in respect of a standard academic year of the designated course if the Secretary of State allocates a grant for fees to that year when assessing the application for support for that year.

    (8) The amount of the grant for fees in respect of an academic year is determined in accordance with regulation 29 or 30 and may be nil.

Old system students who are gap year students who have studied on a previous course
     27. —(1) This regulation applies where—

(a) an old system student is a gap year student who has studied on a previous course;

(b) an old system student has transferred from a course in relation to which he was a gap year student to another designated course in accordance with regulations made by the Secretary of State under section 22 of the 1998 Act.

(2) An old system student to whom this regulation applies does not qualify for fee support in respect of a designated course if—

(a) he has an honours degree from an institution in the United Kingdom and the exemption in regulation 35(1) or (2) does not apply; or

(b) the designated course is a flexible postgraduate course for the initial training of teachers.

    (3) An old system student to whom this regulation applies does not qualify for a grant for fees in respect of an academic year of a designated course that is a bursary year or an Erasmus year.

    (4) When assessing an application for support in respect of an academic year of a designated course, the Secretary of State must determine the "standard entitlement".

    (5) The standard entitlement is calculated as follows—

(OD + 1) − PC

    (6) When assessing an application for support in connection with an academic year of a designated course, the Secretary of State must allocate a grant for fees from the standard entitlement first to the final standard academic year of the course and then to each preceding standard academic year in turn until the standard entitlement is exhausted or a grant for fees has been allocated to each standard academic year of the course.

    (7) An old system student to whom this regulation applies qualifies for a grant for fees in respect of a standard academic year of the designated course if the Secretary of State allocates a grant for fees to that year when assessing the application for support for that year.

    (8) In addition to the standard entitlement, an old system student to whom this regulation applies qualifies for a grant for fees in respect of the first academic year that he takes of the designated course that is not a bursary year or an Erasmus year if he failed to complete the most recent previous course because of compelling personal reasons.

    (9) Where an old system student to whom this regulation applies qualifies for a grant for fees under paragraph (8), the Secretary of State must not allocate a grant for fees under paragraph (6) to the first academic year that the student takes of the designated course that is not a bursary year or an Erasmus year.

    (10) The amount of the grant for fees in respect of an academic year is determined in accordance with regulation 29 or 30 where the eligible student falls within paragraph (1)(a) and in accordance with regulation 29, 30 or 31 where the eligible student falls within paragraph (1)(b) and in either case the amount may be nil.

Availability of the grant for fees to old system students for years of repeat study
     28. —(1) In addition to the standard entitlement, if the Secretary of State determines that the student is repeating an academic year of the designated course because of compelling personal reasons, an old system student qualifies for a grant for fees in respect of the year of repeat study provided that the academic year that the student is repeating was a qualifying year of study and the year of repeat study is not a bursary year.

    (2) An old system student qualifies for a grant for fees in respect of an academic year of a designated course that is a year of repeat study which the student is taking other than for compelling personal reasons if—

PC

(a) the academic year which he is repeating was a qualifying year of study;

(b) the academic year of repeat study is not a bursary year; and

(c) when the academic year of repeat study is added to the number of any other academic years of repeat study that the student has already taken on the current course other than for compelling personal reasons, it does not exceed the number of additional years of support.

(3) In this regulation, the "number of additional years of support" is the number of years which make up the standard entitlement less the number of standard academic years (plus one where the student qualifies for a grant for fees under regulation 27(8)).

Amount of the grant for fees for a course at a publicly-funded institution
29. —(1) Unless one of the cases set out in regulation 22(3) applies, the basic amount of the grant for fees in respect of an academic year of a designated course at a publicly-funded institution is the lesser of—

(a) £1,225; and

(b) the fees payable by the student in connection with that year.

(2) In the cases set out in regulation 22(3), the basic amount of the grant for fees in respect of an academic year is the lesser of—

(a) £610; and

(b) the fees payable by the student in connection with that year.

    (3) Where a contribution exceeding nil is calculated under Schedule 5, a deduction will be made from the basic amount of the grant for fees determined under paragraph (1) or (2) in accordance with regulation 94.

    (4) Paragraphs (1) to (3) do not apply to designated courses at Heythrop College or at Guildhall School of Music and Drama.

    (5) In the case of a designated course at Heythrop College, the amount of the grant for fees in respect of an academic year is £2,195.

    (6) In the case of a designated course at Guildhall School of Music and Drama, the amount of the grant for fees in respect of an academic year is £4,455.

Amount of the grant for fees for a course that is provided at a private institution on behalf of a publicly-funded institution
     30. —(1) The basic amount of the grant for fees in respect of an academic year at a private institution is the lesser of £1,225 and the fees payable by the student in connection with that year if—

(a) the designated course began on or after 1st September 2001;

(b) the designated course is provided on behalf of a publicly-funded institution; and

(c) none of the circumstances in regulation 22(3) applies.

(2) The amount of the grant for fees in respect of an academic year at a private institution is the lesser of £610 and the fees payable by the student in connection with that year if—

(a) the designated course began on or after 1st September 2001;

(b) the designated course is provided on behalf of a publicly-funded institution; and

(c) one or more of the circumstances in regulation 22(3) applies.

(3) Where a contribution exceeding nil is calculated under Schedule 5, a deduction will be made from the basic amount of the grant for fees determined under paragraph (1) or (2) in accordance with regulation 94.

Amount of the grant for fees for a course at a private institution
31. —(1) Subject to paragraph (2), the amount of the grant for fees in respect of an academic year of a designated course at a private institution where regulation 30 does not apply is the lesser of—

(a) £1,150; and

(b) the fees payable by the student in connection with that year.

(2) In the case of a designated course at the University of Buckingham, the amount of the grant for fees in respect of an academic year is £2,905.

CHAPTER 4
FEE CONTRIBUTION LOANS FOR OLD SYSTEM STUDENTS
Availability of fee contribution loans to old system students
32. An old system student qualifies for a fee contribution loan in respect of an academic year of a designated course if—

Amount of the fee contribution loan
33. —(1) Where an old system student applies for a grant for fees and a fee contribution loan, the amount of the fee contribution loan in respect of an academic year of the designated course is the amount for which the student applies not exceeding the difference between the basic amount of the grant determined under regulation 29 or 30 and the amount of the grant that is payable after the application of the contribution in accordance with regulation 94.

(2) Where the only fee support for which an old system student applies is a fee contribution loan, the maximum amount for which the student may apply in respect of an academic year is the lesser of—

(a) £1,225 or, if any of the cases set out in regulation 22(3) apply, £610; and

(b) the fees payable by the student in connection with the academic year.

(3) An old system student may apply to borrow an additional amount of fee contribution loan where—

(a) the Secretary of State determines that the maximum amount of fee contribution loan should be increased (including an increase from nil) as a result of a reassessment of the student's contribution or otherwise; and

(b) the Secretary of State considers that the increase in the maximum amount does not result from the old system student—

(4) The additional amount under paragraph (3) is an amount which when added to the amount already applied for does not exceed the increased maximum.

(5) Where an old system student has applied for a fee contribution loan of less than the maximum amount to which he is entitled, he may apply to borrow an additional amount which, when added to the amount already applied for, does not exceed the relevant maximum applicable in his case.

CHAPTER 5
INTERPRETATION OF PART 4
Previous course
34. —(1) Subject to the exceptions in paragraphs (3), (4) and (5), a "previous course" is any full-time higher education course or any part-time course for the initial training of teachers which the student began to attend or, in the case of a compressed degree course, undertake before the current course and which meets one or both of the conditions in paragraph (2).

(2) The conditions are—

(3) A course which would otherwise be a previous course will not be treated as such if—

(4) A course for the Certificate in Education which would otherwise be a previous course will not be treated as such if—

(5) A course for the degree (other than an honours degree) of Bachelor of Education will not be treated as a previous course if—

(6) Subject to paragraphs (7), (8) and (9), for the purpose of determining PC in the formulae in regulations 20 and 27—

(7) For the purpose of determining PC in the formulae in regulations 20 and 27, an academic year of a previous course is not to be counted as a year spent on a previous course if—

    (8) For the purpose of determining PC in the formulae in regulations 20 and 27, an academic year of a previous course is not to be counted as a year spent on a previous course if it was a year of repeat study that the student was taking for compelling personal reasons or a year in relation to which the student qualified for fee support because he had failed to complete a previous course for compelling personal reasons.

    (9) For the purpose of determining PC in the formulae in regulations 20 and 27, where a student transfers from an academic year of one designated course to an academic year of another designated course before the Secretary of State considers that he has completed the year from which he is transferring, the time spent by the student during the academic year in which the transfer takes place on the course from which he is transferring is not counted as a year spent on a previous course.

    (10) A student who undertook a previous course but was not in attendance because he was unable to attend for a reason which related to his disability is only treated as if he were in attendance on the previous course in respect of periods of study beginning on or after 1st September 2006.

Miscellaneous
     35. —(1) An eligible student is not prevented from qualifying for fee support under this Part by virtue of having an honours degree from an institution in the United Kingdom if—

(a) the current course is a course for the initial training of teachers;

(b) the duration of the current course does not exceed two years (the duration of a part-time course being expressed as its full-time equivalent); and

(c) the student is not a qualified teacher.

    (2) Where the current course is considered to be a single course because of regulation 6(5) and (6) and it leads to an honours degree from an institution in the United Kingdom being conferred on the eligible student before the final degree or equivalent qualification, the eligible student is not prevented from qualifying for fee support under this Part in respect of any part of the single course by virtue of having that honours degree.

    (3) For the purposes of calculating the amount of fee support, an institution that provides courses designated by regulation 4 of the Education (Student Support) (Dance and Drama) Regulations 1999[43] is not to 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[44].

    (4) Where an institution allows an eligible student to study the content of one standard academic year of the designated course over two or more academic years, for the purpose of determining whether the student qualifies for fee support for those years, the last of such years of study is to be treated as a standard academic year and the preceding years of that kind are to be treated as years of repeat study other than for compelling personal reasons.

PART 5
GRANTS FOR LIVING AND OTHER COSTS

CHAPTER 1
TYPES OF GRANTS AVAILABLE
Current system students
36. The following grants are available to a current system student in connection with a designated course if he meets the relevant qualifying conditions in this Part—

Old system students
37. The following grants are available to an old system student in connection with a designated course if he meets the relevant qualifying conditions in this Part—

(a) disabled students' allowance;

(b) grant for dependants;

(c) grant for travel;

(d) higher education grant.

CHAPTER 2
GENERAL PROVISIONS
General qualifying conditions for grants for living and other costs
38. —(1) An eligible student qualifies for a grant under this Part provided that—

(2) An eligible student does not qualify for a grant under this Part if the only paragraph in Part 2 of Schedule 2 into which he falls is paragraph 9.

(3) An eligible student does not qualify for a grant under this Part in respect of any academic year—

    (4) Paragraph (3)(b) does not apply for the purposes of the disabled students' allowance.

    (5) An eligible student does not qualify for a grant for living and other costs under this Part in respect of any academic year of a sandwich course where the periods of full-time study are in aggregate less than 10 weeks unless the periods of work experience constitute unpaid service.

    (6) For the purposes of paragraph (5), "unpaid service" means—

(a) unpaid service in a hospital or in a public health service laboratory or with a primary care trust in the United Kingdom;

(b) unpaid service with a local authority in the United Kingdom acting in the exercise of its 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—

(i) a Health Authority or a Strategic Health Authority established pursuant to section 8 of the National Health Service Act 1977[

(7) Where one of the events listed in paragraph (8) occurs in the course of an academic year, a student may qualify for a particular grant in accordance with this Part in respect of all or part of that academic year but he does not qualify for such a grant in respect of any academic year beginning before the academic year in which the relevant event occurred.

(8) The events are—

Students who are treated as in attendance
39. —(1) A student to whom this regulation applies is treated as if he were in attendance on the designated course for the purpose of qualifying for the following grants—

(a) grant for dependants;

(b) maintenance grant or special support grant;

(c) higher education grant.

(2) This regulation applies to—

(a) a compressed degree student;

(b) a disabled student who—

CHAPTER 3
DISABLED STUDENTS' ALLOWANCES
Qualifying conditions for the disabled students' allowance
     40. —(1) An eligible student qualifies in accordance with this regulation for a grant to assist with the additional expenditure which the Secretary of State is satisfied he is obliged to incur by reason of a disability to which he is subject in respect of his undertaking a designated course.

    (2) An eligible student does not qualify for a grant under this regulation unless the Secretary of State considers that he is undertaking the course in the United Kingdom.

Amount of the disabled students' allowance
     41. —(1) Subject to the following paragraphs, the amount of the disabled students' allowance is the amount that the Secretary of State considers appropriate in accordance with the student's circumstances.

    (2) Except where paragraph (4) applies, the amount of the disabled students' allowance must not exceed—

(d) £1,640 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 maxima specified in those sub-paragraphs.

(3) 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 (2)(b) is reduced by the amount of those payments.

(4) The maximum amount under paragraphs (2)(a) and (2)(d) is £9,315 and £1,230, respectively where—

CHAPTER 4
GRANTS FOR DEPENDANTS
General
42. —(1) The grant for dependants consists of the following elements—

    (2) The qualifying conditions for each element and the amounts payable are set out in regulations 43 to 46.

Adult dependants' grant
     43. —(1) An eligible student qualifies for an adult dependants' grant in connection with his attendance on a designated course in accordance with this regulation.

    (2) The adult dependants' grant is available in respect of a dependant of an eligible student who is either—

(a) the eligible student's partner; or

(b) an adult dependant whose net income does not exceed £3,610.

(3) The amount of adult dependants' grant payable in respect of an academic year is calculated in accordance with regulation 46, the basic amount being—

(a) £2,510; or

(b) where the person in respect of whom the eligible student is applying for adult dependants' grant is ordinarily resident outside the United Kingdom, such amount not exceeding £2,510 as the Secretary of State considers reasonable in the circumstances.

Childcare grant
44. —(1) An eligible student qualifies for a childcare grant in connection with his attendance on a designated course in accordance with this regulation.

(2) Subject to paragraphs (3) and (4), the childcare grant is available in respect of an academic year in which the eligible student incurs prescribed childcare charges for—

(a) a dependent child who is under the age of 15 immediately before the beginning of the academic year; or

(b) a dependent child who has special educational needs within the meaning of section 312 of the Education Act 1996[

50

    (3) An eligible student does not qualify for a childcare grant 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[51].

    (4) An eligible student does not qualify for a childcare grant if the prescribed childcare charges that he incurs for his child are paid or to be paid by him to his partner.

    (5) Subject to paragraph (6), the basic amount of childcare grant for each week is—

except that the student does 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.

(6) For the purposes of calculating the basic amount of childcare grant—

    (7) In this regulation "prescribed childcare charges" means childcare charges of a description prescribed for the purposes of section 12 of the Tax Credits Act 2002[52].

Parents' learning allowance
     45. —(1) An eligible student qualifies in connection with his attendance on a designated course for the parents' learning allowance if he has one or more dependants who are dependent children.

    (2) The amount of parents' learning allowance payable in respect of an academic year is calculated in accordance with regulation 46, the basic amount being £1,435.

Calculations
     46. —(1) Subject to the following paragraphs, the amount payable in respect of a particular element of the grant for dependants for which the eligible student qualifies under regulations 43 to 45 is the amount of that element remaining after applying, until it is extinguished, an amount equal to A − B as follows and in the following order—

(a) to reduce the basic amount of the adult dependants' grant where the eligible student qualifies for that element under regulation 43;

(b) to reduce the basic amount of the childcare grant for the academic year where the eligible student qualifies for that element under regulation 44; and

(c) to reduce the basic amount of the parents' learning allowance where the eligible student qualifies for that element under regulation 45.

    (2) Subject to paragraphs (4), (5) and (13), 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.

    (3) Where A − B is equal to or exceeds the aggregate of the basic amounts of the elements of the grant for dependants for which the eligible student qualifies, the amount payable in respect of each element is nil.

    (4) The amount of adult dependants' grant calculated under paragraph (1) in respect of an adult dependant is reduced by one half where—

(a) the eligible student's partner—

(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.

(5) The amount of childcare grant calculated under paragraph (1) is reduced by one half where—

(a) the eligible student's partner—

(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.

(6) Where the amount of the parents' learning allowance calculated under paragraph (1) is £0.01 or more but less than £50, the amount of parents' learning allowance payable is £50.

(7) In this regulation—

A is the aggregate of the net income of each of the eligible student's dependants; and

B is—

(a) £1,100 where the eligible student has no dependent child;

(b) £3,300 where the eligible student is not a lone parent and has one dependent child;

(c) £4,400 where the eligible student—

(d) £5,505 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—

(a) there is a change in the number of the eligible student's dependants;

(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 eligible for support as a result of an event referred to in regulation 38(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 must determine the following in relation to each relevant quarter by reference to the student's circumstances in the relevant quarter—

(a) how many dependants the eligible student is to be treated as having;

(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.

    (11) The amount of adult dependants' grant and parents' learning allowance in respect of a relevant quarter is one third of what that grant or allowance would be for the academic year if the student's circumstances in the relevant quarter as determined under paragraph (9) applied for the duration of the academic year.

    (12) In this regulation, a "relevant quarter" means—

(a) in the case of a person referred to in paragraph (8)(d), a quarter which begins after the relevant event occurs other than a quarter during which, in the opinion of the Secretary of State, the longest of any vacation occurs;

(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.

(13) A deduction may be made in accordance with Part 9 from the amount payable in respect of a particular element of the grant for dependants calculated under this Part.

Interpretation of Chapter 4
47. —(1) In regulations 43 to 46—

(a) "adult dependant" means, in relation to an eligible student, an adult person dependent on the student other than his child, his partner (including a spouse or civil partner from whom the Secretary of State considers the student is separated) or his former partner;

(b) "child" in relation to an eligible student includes any child of his partner who is dependent on him and any child for whom he has parental responsibility who is 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) (j) and (k), "partner" means any of the following—

(h) unless otherwise indicated, a person who would otherwise be a partner under sub-paragraph (g) is not to be treated as a partner if—

(i) for the purposes of the definition of "adult dependant", a person is to 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(1)(a) of Schedule 5;

(j) for the purposes of the definitions of "child" and "lone parent", a person is to be treated as a partner if he would be a partner under sub-paragraph (g) but for the date on which the eligible student began the specified designated course or the fact that the eligible student with whom he is ordinarily living does not fall within paragraph 2(1)(a) of Schedule 5.

(k) for the purposes of regulation 44—

(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—

(a) any pension, allowance or other benefit paid by reason of a disability or incapacity to which the dependant is subject;

(b) child benefit payable under Part IX of the Social Security Contributions and Benefits Act 1992[

(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—

(4) For the purposes of paragraph (2), where the dependant is a dependent child and payments are made to the eligible student towards the child's maintenance, those payments are to be treated as the child's income.

CHAPTER 5
GRANTS FOR TRAVEL
General
48. A grant for travel is available—

Qualifying conditions for the grant for travel – courses in medicine and dentistry
     49. A grant is available to an eligible student attending a course in medicine or dentistry (a necessary part of which is a period of study by way of clinical training) in respect of the reasonable expenditure which he is obliged to incur in an academic year for the purpose of attending in connection with his course any hospital or other premises in the United Kingdom (not comprised in the institution) at which facilities for clinical training are provided other than expenditure incurred for the purpose of residential study away from the institution.

Amount of the grant for travel – courses in medicine and dentistry
     50. The amount of grant payable under regulation 49 in respect of an academic year is equal to the reasonable expenditure that the Secretary of State determines the eligible student is obliged to incur for the purposes set out in that regulation less £290.

Qualifying conditions for the grant for travel – overseas study
     51. A grant is available to an eligible student who attends an overseas institution or the Institute as part of his course in respect of the expenses that he is obliged to incur in each qualifying quarter.

Amount of the grant for travel – overseas study
     52. The amount of grant payable under regulation 51 in respect of an academic year is calculated as follows—

X − £290

where—

Additional amount of grant for travel – overseas study
53. An eligible student who—

(a) qualifies for a grant under regulation 51; and

(b) 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 the period he is attending the overseas institution or the Institute,

qualifies for additional grant under this regulation equal to the amount incurred.

Deductions from the grant for travel
54. A deduction may be made from any grant under this Chapter in accordance with Part 9.

Interpretation
55. For the purposes of this Chapter—

(a) any reference to expenditure incurred for the purpose of attending an institution or period of study—

(b) "expenses" means reasonable expenditure within or outside of the United Kingdom for the purpose of attending as part of a designated course an overseas institution or the Institute;

(c) "qualifying quarter" means a quarter during which the eligible student attends as part of his course an overseas institution or the Institute for at least half the period covered by that quarter.

CHAPTER 6
MAINTENANCE GRANTS FOR CURRENT SYSTEM STUDENTS
Qualifying conditions for the maintenance grant
     56. —(1) A current system student qualifies in accordance with this regulation for a maintenance grant in connection with his attendance on a designated course.

    (2) A current system student does not qualify for a maintenance grant if he qualifies for a special support grant.

    (3) If a current system student does not qualify for a fee loan in respect of an academic year of the designated course, he cannot qualify for a maintenance grant for that year unless the reason that he does not qualify for a fee loan is because—

Amount of the maintenance grant
57. —(1) The maximum amount of maintenance grant available in respect of an academic year is—

(a) in the case of a type 1 teacher training student, £1,382;

(b) in the case of a type 2 teacher training student, £2,765; and

(c) in the case of a current system student other than a type 1 or type 2 teacher training student, £2,765.

(2) A type 1 teacher training student who qualifies for a maintenance grant in respect of an academic year receives an amount as follows in respect of that year—

(a) where the household income is £17,910 or less, he receives £1,382;

(b) where the household income exceeds £17,910 but does not exceed £27,120, he receives an amount equal to

	(	A	)
M −	(		)
	(	2	)

where M is £1,382

A is £1 for every complete £6 by which the household income exceeds £17,910; and

(c) where the household income exceeds £27,120 or he opts when applying for the grant not to provide the information needed to calculate the household income, he receives £615.

(3) A type 2 teacher training student who qualifies for a maintenance grant in respect of an academic year receives an amount as follows in respect of that year —

(a) where the household income is £17,910 or less, he receives £2,765;

(b) where the household income exceeds £17,910 but does not exceed £27,120, he receives an amount equal to M − A where—

M is £2,765

A is £1 for every complete £6 by which the household income exceeds £17,910; and

(c) where the household income exceeds £27,120 or he opts when applying for the grant not to provide the information needed to calculate the household income, he receives £1,230.

(4) A current system student other than a type 1 or type 2 teacher training student who qualifies for a maintenance grant in respect of an academic year receives an amount as follows in respect of that year—

(a) where the household income is £17,910 or less, he receives £2,765;

(b) where the household income exceeds £17,910 but does not exceed £27,120, he receives an amount equal to M − Awhere—

     M is £2,765

     A is £1 for every complete £6 by which the household income exceeds £17,910;

(c) where the household income exceeds £27,120 but does not exceed £38,330, he receives an amount equal to RM − Awhere—

     RM is £1,230

     A is £1 for every complete £9.50 by which the household income exceeds £38,330;

(d) where the household income exceeds £38,330, no maintenance grant is payable.

CHAPTER 7
SPECIAL SUPPORT GRANTS FOR CURRENT SYSTEM STUDENTS
Qualifying conditions for the special support grant
58. —(1) A current system student qualifies in accordance with this regulation for a special support grant in connection with his attendance on a designated course to defray the costs of books, equipment, travel or childcare incurred for the purpose of attending that course.

(2) A current system student qualifies for a special support grant if he—

(a) falls within a prescribed category of person for the purposes of section 124(1)(e) of the Social Security Contributions and Benefits Act 1992[

58

59

(3) If a current system student does not qualify for a fee loan in respect of an academic year of the designated course, he cannot qualify for a special support grant for that year unless the reason that he does not qualify for a fee loan is because—

Amount of the special support grant
59. —(1) The maximum amount of special support grant available in respect of an academic year is—

(a) in the case of a type 1 teacher training student, £1,382;

(b) in the case of a type 2 teacher training student, £2,765;

(c) in the case of a current system student other than a type 1 or type 2 teacher training student, £2,765.

(2) A type 1 teacher training student who qualifies for a special support grant in respect of an academic year receives an amount as follows in respect of that year—

(a) where the household income is £17,910 or less, he receives £1,382;

(b) where the household income exceeds £17,910 but does not exceed £27,120, he receives an amount equal to

	(	A	)
M −	(		)
	(	2	)

where— M is £1,382

A is £1 for every complete £6 by which the household income exceeds £17,910; and

(c) where the household income exceeds £27,120 or he opts when applying for the grant not to provide the information needed to calculate the household income, he receives £615.

(3) A type 2 teacher training student who qualifies for a special support grant in respect of an academic year receives an amount as follows in respect of that year—

(a) where the household income is £17,910 or less, he receives £2,765;

(b) where the household income exceeds £17,910 but does not exceed £27,120, he receives an amount equal to M − A where—

M is £2,765

A is £1 for every complete £6 by which the household income exceeds £17,910; and

(c) where the household income exceeds £27,120 or he opts when applying for the grant not to provide the information needed to calculate the household income, he receives £1,230.

(4) A current system student other than a type 1 or type 2 teacher training student who qualifies for a special support grant in respect of an academic year receives an amount as follows in respect of that year—

(a) where the household income is £17,910 or less, he receives £2,765;

(b) where the household income exceeds £17,910 but does not exceed £27,120, he receives an amount equal to M − A where—

     M is £2,765

     A is £1 for every complete £6 by which the household income exceeds £17,910;

(c) where the household income exceeds £27,120 but does not exceed £38,330, he receives an amount equal to RM − A where—

     RM is £1,230

     A is £1 for every complete £9.50 by which the household income exceeds £27,120; and

(d) where the household income exceeds £38,330, no special support grant is payable.

CHAPTER 8
HIGHER EDUCATION GRANTS FOR OLD SYSTEM STUDENTS
Qualifying conditions for the higher education grant
     60. —(1) An old system student qualifies in accordance with this regulation for a higher education grant in connection with his attendance on a designated course to defray the cost of books, equipment, travel or childcare incurred for the purpose of attending that course.

    (2) An old system student does not qualify for a higher education grant unless he began the specified designated course on or after 1st September 2004.

    (3) If an old system student does not qualify for a grant for fees in respect of an academic year of the designated course, he cannot qualify for a higher education grant for that year unless the reason that he does not qualify for a grant for fees is because—

Amount of the higher education grant
61. —(1) The maximum amount of higher education grant available in respect of an academic year is £1,000.

(2) An old system student who qualifies for a higher education grant receives an amount as follows—

(a) where the household income is £16,340 or less, he receives £1,000;

(b) where the household income exceeds £16,340 and does not exceed £22,325, he receives an amount equal to M − A where—

M is £1,000

A is £1 for every complete £6.30 by which the household income exceeds £16,340; and

(c) where the household income exceeds £22,325, no higher education grant is payable.

PART 6
LOANS FOR LIVING COSTS

CHAPTER 1
QUALIFYING CONDITIONS
Qualifying conditions for the loan for living costs – current system students
62. —(1) Subject to paragraph (3), a current system student qualifies for a loan for living costs in connection with his attendance on a designated course if he meets the following conditions—

(2) The condition in paragraph (1)(b) does not apply where—

    (3) A current system student does not qualify for a loan for living costs if the only paragraph in Part 2 of Schedule 2 into which he falls is paragraph 9.

    (4) To receive a loan for living costs, a current system student must enter into a contract with the Secretary of State.

Qualifying conditions for the loan for living costs – old system students
     63. —(1) Subject to paragraph (4), an old system student who falls within paragraph (a) or (d)(i) of the definition of "old system student" in regulation 2 qualifies for a loan for living costs in connection with his attendance on a designated course if he is under the age of 60 on the relevant date.

    (2) Subject to paragraph (4), an old system student who falls within paragraph (b), (c) or (d)(ii) of the definition of "old system student" in regulation 2 qualifies for a loan for living costs in connection with his attendance on a designated course if he meets the following conditions—

(a) he is under the age of 60 on the relevant date; and

(b) he does not have an honours degree from an institution in the United Kingdom.

(3) The condition in paragraph (2)(b) does not apply where—

(a) the designated course is listed in regulation 6(6);

(b) the designated course leads to qualification as a social worker;

(c) the old system student is eligible to receive any payment under a healthcare bursary the amount of which is calculated by reference to his income or a Scottish healthcare allowance the amount of which is calculated by reference to his income in respect of any academic year of the course; or

(d) the old system student is on a course for the initial training of teachers.

(4) An old system student does not qualify for a loan for living costs if the only paragraph in Part 2 of Schedule 2 into which he falls is paragraph 9.

(5) To receive a loan for living costs, an old system student must enter into a contract with the Secretary of State.

CHAPTER 2
MAXIMUM AMOUNTS OF LOANS
General
64. —(1) The maximum amount of a loan for living costs in respect of an academic year is calculated as follows—

Current system students with full entitlement
65. —(1) This regulation applies to a current system student with full entitlement (other than a type 1 or type 2 teacher training student whose contribution exceeds nil).

(2) Subject to Chapter 3 of this Part, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year other than the final year of a course that is not an intensive course is equal to X − Y where—

X is—

Y is the maintenance grant amount.

(3) Subject to Chapter 3 of this Part, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year that is the final year of a course that is not an intensive course is equal to X − Y where—

X is—

Y is the maintenance grant amount.

(4) In this regulation, "the maintenance grant amount" is—

(a) where the student qualifies under Chapter 6 of Part 5 for an amount of maintenance grant not exceeding £1,230, the amount of maintenance grant payable;

(b) where the student qualifies under Chapter 6 of Part 5 for an amount of maintenance grant exceeding £1,230, £1,230; and

(c) where no maintenance grant is payable, nil.

Type 1 and type 2 teacher training students
66. —(1) This regulation applies to a current system student with full entitlement who is a type 1 or type 2 teacher training student whose contribution exceeds nil.

(2) Subject to Chapter 3 of this Part, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year other than the final year of a course that is not an accelerated course is —

(a) for a student in category A, £3,495;

(b) for a student in category B, £6,315;

(c) for a student in category C, £5,375;

(d) for a student in category D, £4,510.

(3) Subject to Chapter 3 of this Part, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year that is the final year of a course that is not an accelerated course is—

(a) for a student in category A, £3,155;

(b) for a student in category B, £5,750;

(c) for a student in category C, £4,675;

(d) for a student in category D, £4,175.

Old system students with full entitlement
67. —(1) Subject to Chapter 3 of this Part, the maximum amount of loan for living costs for which an old system student with full entitlement qualifies in respect of an academic year other than the final year of a course that is not an intensive course is—

(a) for a student in category A, £3,495;

(b) for a student in category B, £6,315;

(c) for a student in category C, £5,375;

(d) for a student in category D, £4,510.

(2) Subject to Chapter 3 of this Part, the maximum amount of loan for living costs for which an old system student with full entitlement qualifies in respect of an academic year that is the final year of a course that is not an intensive course is—

(a) for a student in category A, £3,155;

(b) for a student in category B, £5,750;

(c) for a student in category C, £4,675;

(d) for a student in category D, £4,175.

Students with reduced entitlement
68. —(1) Subject to Chapter 3 of this Part, the maximum amount of loan for living costs for which a student with reduced entitlement qualifies in respect of an academic year of a course other than the final year of a course that is not an intensive course is—

(a) where the student does not qualify for a grant for living and other costs in relation to the academic year because of regulation 38(3)(a)—

(b) where the student does not qualify for a grant for living and other costs in relation to the academic year because of regulation 38(3)(b) or (5)—

(c) where the student applies for a loan for living costs and opts not to provide the information needed to calculate the household income an amount equal to X − Y where—

X is—

Y is the amount specified in paragraph (d);

(d) the specified amount is—

(2) Subject to Chapter 3 of this Part, the maximum amount of loan for living costs for which a student with reduced entitlement qualifies in respect of an academic year that is the final year of a course that is not an intensive course is—

(a) where the student does not qualify for a grant for living and other costs in relation to the academic year because of regulation 38(3)(a)—

(b) where the student does not qualify for a grant for living and other costs in relation to the academic year because of regulation 38(3)(b) or (5)—

(c) where the student applies for a loan for living costs and opts not to provide the information needed to calculate the household income an amount equal to X − Y where—

X is—

Y is the amount specified in paragraph (d);

(d) the specified amount is—

CHAPTER 3
MISCELLANEOUS
Quarters in respect of which the loan for living costs is payable
69. —(1) Subject to regulation 72, the loan for living costs is payable in respect of three quarters of the academic year.

(2) The loan for living costs is not payable—

Students falling into more than one category
70. Where an eligible student falls into more than one of the categories set out in regulation 77 in the course of the academic year—

(a) the maximum amount of loan for living costs for the academic year is the aggregate of the maximum amount of loan for living costs for each quarter in respect of which the loan for living costs is payable;

(b) the maximum amount of loan for living costs for each such quarter is one third of the maximum amount of loan for living costs 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) the category which applies to a quarter is—

Students residing with parents
     71. —(1) 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 the amount of loan for living costs payable to a student in a category other than category A to apply in his case, the student must be treated as if he were not residing at his parents' home for the purposes of this Part.

    (2) Paragraph (1) does not apply to an eligible student who begins the specified designated course on or after 1st September 2004.

Students becoming eligible in the course of an academic year
     72. —(1) Where one of the events listed in paragraph (2) occurs in the course of an academic year, a student may qualify for a loan for living costs in respect of such quarters in respect of which a loan for living costs is payable as begin after the relevant event occurs.

    (2) The events are—

(a) the student's course becomes a designated course;

(b) the student, his spouse, his civil partner or his parent is recognised as a refugee or becomes a person with leave to enter or remain;

(c) the state of which the student is a national accedes to the European Community where the student has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the first academic year of the course;

(d) the student acquires the right of permanent residence;

(e) the student becomes a person described in paragraph 6(1)(a) of Schedule 2; or

(f) the student becomes the child of a Swiss national.

    (3) An eligible student to whom paragraph (1) applies does 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.

    (4) The maximum amount of loan for living costs payable is the aggregate of the maximum amount of loan for living costs for each quarter in respect of which the student qualifies for the loan for living costs under this regulation.

    (5) The maximum amount of loan for living costs for each quarter is one third of the maximum amount of loan for living costs 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.

Students who are treated as in attendance on a course
     73. —(1) A student to whom this regulation applies is treated as if he were in attendance on the designated course for the purpose of qualifying for the loan for living costs.

    (2) This regulation applies to—

(a) a compressed degree student;

(b) a disabled student who—

Increases in maximum amount
     74. —(1) Where an eligible student is required to attend his course for a period exceeding 30 weeks and 3 days in an academic year, the maximum amount of loan for living costs specified in Chapter 2 of this Part is increased for each week or part week of attendance in the academic year beyond 30 weeks and 3 days by the relevant amount in paragraph (3).

    (2) Where an eligible student attends his course for a period of not less than 45 weeks in any continuous period of 52 weeks, the maximum amount of loan for living costs specified in Chapter 2 of this Part is increased for each week in the 52-week period during which he did not attend by the relevant amount in paragraph (3).

    (3) The amount is—

(a) for a student in category A, £52;

(b) for a student in category B, £100;

(c) for a student in category C, £109;

(d) for a student in category D, £79.

    (4) This regulation does not apply in the case of a student with reduced entitlement.

Deductions from loans for living costs
     75. —(1) A deduction from the amount of loan for living costs calculated under this Part in respect of a current system student with full entitlement or an old system student with full entitlement may be made in accordance with Part 9.

    (2) There is no deduction under Part 9 from the amount of loan for living costs calculated under this Part in respect of a student with reduced entitlement.

Applying for an additional amount of loan for living costs
     76. —(1) An eligible student may apply to borrow an additional amount of loan for living costs where—

(a) the Secretary of State determines that the maximum amount of loan for living costs in relation to an academic year should be increased (including an increase from nil) as a result of a reassessment of the student's contribution or otherwise; and

(b) the Secretary of State considers that the increase in the maximum amount does not result from the eligible student—

    (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.

    (3) Where an eligible student has applied for a loan for living costs of less than the maximum amount to which he is entitled in relation to the academic year, he may apply to borrow an additional amount which, when added to the amount already applied for, does not exceed the relevant maximum applicable in his case.

Categories of student
     77. In this Part—

(a) a student is in category A if he resides at his parents' home while attending the designated course or if he is a member of a religious order who resides in a house of that order;

(b) a student is in category B if he is not in category A and he attends one or more of the following—

(c) a student is in category C if he is not in category A and—

(d) a student is in category D if he is not in categories A to C.

Interpretation of Part 6
78. In this Part—

(a) a "current system student with full entitlement" is a current system student other than a student with reduced entitlement;

(b) an "old system student with full entitlement" is an old system student other than a student with reduced entitlement;

(c) the "relevant date" means the first day of the first academic year of the specified designated course;

(d) a "student with reduced entitlement" is an eligible student who—

(e) where the duration of a graduate-entry or postgraduate-level course for the initial training of teachers is only one academic year, that year is not to be treated as the final year.

PART 7
COLLEGE FEE LOANS
General
79. An eligible student or person treated as an eligible student qualifies for a college fee loan in connection with his attendance on a qualifying course in accordance with this Part.

Qualifying conditions
80. —(1) Subject to paragraphs (2) and (3), an eligible student or person treated as an eligible student qualifies for a college fee loan in connection with his attendance on a qualifying course if he—

(c) is a member of a college or a permanent private hall of the University of Oxford or a member of a college of the University of Cambridge; and

(d) was under the age of 60 on the first day of the first academic year of the qualifying course.

    (2) An eligible student who falls within paragraph 9 of Part 2 of Schedule 2 does not qualify for a college fee loan under this Part if he is ordinarily resident in Wales or Northern Ireland.

    (3) An eligible student who falls within paragraph 9 of Part 2 of Schedule 2 and who is ordinarily resident in Scotland does not qualify for a college fee loan if he is settled in the United Kingdom other than by reason of having acquired the right of permanent residence or if he is the family member of such a person.

Persons to be treated as eligible students
     81. A person is a "person treated as an eligible student" if—

(a) none of the circumstances in regulation 5(3) applies to him; and

(b) either—

Disabled students
82. A disabled student who is undertaking a qualifying course in the United Kingdom but who is not in attendance because he is unable to attend for a reason which relates to his disability is treated as if he were in attendance on the qualifying course for the purpose of qualifying for the college fee loan.

Students becoming eligible during the course of an academic year
83. —(1) Where one of the events listed in paragraph (2) occurs in the course of an academic year—

(a) a student may qualify for a college fee loan in accordance with this Part in respect of that academic year provided that the relevant event occurred within the first three months of the academic year; and

(b) a college fee loan is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.

(2) The relevant events are—

(a) the student, his spouse, his civil partner or his parent is recognised as a refugee or becomes a person with leave to enter or remain;

(b) a state accedes to the European Community and the student is a national of that state or is the family member (as defined in Part 1 of Schedule 2) of a national of that state or would have been a family member of a national of that state if the requirement to be working or self-employed in England had been a requirement to be working or self-employed in Scotland;

(c) the student becomes a family member (as defined in Part 1 of Schedule 2) of an EC national or would have become a family member of an EC national if the requirement to be working or self-employed in England had been a requirement to be working or self-employed in Scotland;

(d) the student acquires the right of permanent residence;

(e) the student becomes a person described in paragraph 6(1)(a) of Schedule 2 or would have become such a person if the requirement to be ordinarily resident in England and the requirement to be working or self-employed in England in paragraph 6 of Schedule 2 had been requirements to be ordinarily resident in Scotland or working or self-employed in Scotland;

(f) the student becomes the child of a Swiss national.

Availability of college fee loans
     84. To receive a college fee loan, a qualifying student must enter into a contract with the Secretary of State.

     85. A college fee loan is available in respect of each standard academic year of the qualifying course and in respect of one academic year of the qualifying course that is not a standard academic year.

     86. Where a qualifying student is allowed to study the content of one standard academic year of the qualifying course over two or more academic years, for the purpose of determining whether a college fee loan is available to the qualifying student for those years, the first of such years of study is to be treated as a standard academic year and the following academic years of that kind are to be treated as academic years that are not standard academic years.

     87. For the purposes of this Part, "standard academic year" means an academic year of the qualifying course that would be taken by a person who does not repeat any part of the course and who enters the course at the same point as the qualifying student.

Amount of college fee loan
     88. —(1) The amount of the college fee loan in respect of an academic year of a qualifying course must not exceed the amount equal to the college fees payable by the student to his college or permanent private hall in connection with that year.

    (2) Where a qualifying student has applied for a college fee loan of less than the maximum amount available in relation to the academic year, he may apply to borrow an additional amount which, when added to the amount already applied for, does not exceed the maximum amount available.

Transfers
     89. Despite regulation 8, where a qualifying student transfers from one qualifying course to another qualifying course—

(a) the Secretary of State must transfer the student's status as a qualifying student to the other course on the request of the student unless the period of eligibility has terminated;

(b) if the student transfers before the end of the academic year after applying for a college fee loan, the amount applied for is paid to the relevant college or permanent private hall in respect of the qualifying course to which the student transfers provided that the conditions in regulation 104 are met and he cannot qualify for another college fee loan in respect of that academic year;

(c) if the student transfers after the college fee loan is paid and before the end of the academic year, he cannot apply for another college fee loan in connection with the academic year of the qualifying course to which he transfers.

PART 8
INTEREST AND INSOLVENCY
Interest
     90. —(1) Subject to paragraph (2), loans bear interest at the rate which will result in an annual percentage rate of charge determined in accordance with the Consumer Credit (Total Charge for Credit) Regulations 1980[60] equal to the percentage increase between the retail prices all items index published by the Office for National Statistics for March 2006 and that index so published for March 2007.

    (2) If the rate referred to in paragraph (1) exceeds the rate for the time being specified for the purposes of any exemption conferred by virtue of section 16(5)(b) of the Consumer Credit Act 1974[61] loans bear interest at the rate so specified.

    (3) Interest is calculated on the principal outstanding daily and is added to the principal monthly.

    (4) The index of prices to which the Secretary of State is required by section 22(8) of the 1998 Act[62] to have regard in prescribing the rate of interest which loans bear is the retail prices all items index mentioned in paragraph (1).

Insolvency
     91. —(1) In England and Wales—

(a) there shall not be treated as part of a bankrupt's estate or claimed for his estate under section 307 or 310 of the Insolvency Act 1986[

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(2) In Northern Ireland—

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(3) In this regulation, "loan" means a loan pursuant to regulations made by the Secretary of State or the National Assembly for Wales under section 22 of the 1998 Act, including the interest on the loan and any penalties or charges incurred in connection with it.

PART 9
FINANCIAL ASSESSMENT
Calculation of contribution
     92. —(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 1998 Act and regulations made under it he may require an eligible student to provide from time to time such information as he considers necessary as to the income of any person whose means are relevant to the assessment of the student's contribution.

Application of contribution – current system students
     93. In the case of a current system student, the Secretary of State must apply the contribution in accordance with regulation 95 until it is extinguished.

Application of contribution – old system students
     94. —(1) Subject to paragraph (3), where the basic amount of the grant for fees has been calculated in accordance with regulation 29(1) or 30(1), to determine the actual amount of grant for fees that is payable, the Secretary of State must first apply the contribution to reduce the basic amount of the grant for fees.

    (2) If the contribution is not extinguished under paragraph (1), the Secretary of State must apply the remainder in accordance with regulation 95.

    (3) Where the course is a course for the initial training of teachers (other than a course for a first degree), there is no deduction from the basic amount of the grant for fees under this regulation and the contribution is applied in accordance with regulation 95.

    (4) Where the basic amount of the grant for fees has been calculated in accordance with regulation 29(2) or regulation 30(2) and one of the cases set out in regulation 22(3)(b), (d) or (e) applies, to determine the actual amount of the grant for fees that is payable, the Secretary of State must—

    (5) In the case of an Erasmus year, the Secretary of State must apply the amount by which the contribution exceeds £1,225 in accordance with regulation 95.

    (6) Where none of the circumstances in paragraphs (1) to (5) apply, the contribution is applied in accordance with regulation 95.

Order of application
     95. The contribution or the remainder of the contribution, as the case may be, is to be applied as follows until it is extinguished—

(a) first, to reduce the amount of adult dependants' grant calculated in accordance with regulation 46;

(b) second, to reduce the childcare grant calculated in accordance with regulation 46;

(c) third, to reduce the parents' learning allowance calculated in accordance with regulation 46 (except the first £50 of the allowance);

(d) fourth, to reduce the loan for living costs for which the eligible student (other than a student with reduced entitlement) qualifies under Part 6 to no less than the minimum level for the academic year specified in regulation 96;

(e) fifth, to reduce the grant for travel calculated in accordance with Chapter 5 of Part 5.

Application of contribution to loan for living costs
96. —(1) Subject to paragraphs (2) and (3), the "minimum level for the academic year" in regulation 95(d) is—

(a) £2,620, in the case of a student in category A;

(b) £4,735, in the case of a student in category B;

(c) £4,030, in the case of a student in category C;

(d) £3,385, in the case of a student in category D.

(2) Subject to paragraph (3), where the academic year in question is the final year of a course other than an intensive course, the "minimum level for the academic year" is—

(a) £2,365, in the case of a student in category A;

(b) £4,315, in the case of a student in category B;

(c) £3,505, in the case of a student in category C;

(d) £3,130, in the case of a student in category D.

    (3) Where different categories apply for different quarters of the academic year, the minimum levels in paragraphs (1) and (2) are the aggregate of the amounts determined under paragraph (4) for each of the quarters in respect of which a loan is payable.

    (4) The amount determined for each quarter is one third of the amount in paragraph (1) or (2) which corresponds to the rate applicable for the quarter.

    (5) The rate applicable for a quarter is determined in accordance with regulation 70.

    (6) Categories A to D have the meaning given in regulation 77.

Amount of loan for living costs payable to certain type 1 and type 2 teacher training students
     97. —(1) This regulation applies to type 1 and type 2 teacher training students who qualify for a maintenance grant and whose contribution exceeds nil.

    (2) The loan for living costs payable in respect of an academic year to a student to whom this regulation applies is calculated as follows—

A − B

PART 10
PAYMENTS

CHAPTER 1
PAYMENT OF GRANTS FOR FEES
Payment of grants for fees
98. —(1) The Secretary of State must not pay the grant for fees for which a student qualifies until he has received a request for payment from the academic authority.

(2) Payment must be made to the academic authority—

A

B

(3) Where assessment of the student's contribution or other matters have delayed the final calculation of the amount of grant for fees for which the student qualifies, the Secretary of State may make a provisional assessment and payment.

(4) No payment of the grant for fees can be made in respect of a designated course if—

CHAPTER 2
PAYMENT OF GRANTS FOR LIVING AND OTHER COSTS
Payment of grants for living and other costs
     99. —(1) The Secretary of State may pay support under Part 5 in instalments.

    (2) Subject to paragraph (3), the Secretary of State may pay support under Part 5 at such times as he considers appropriate.

    (3) An institution is required to send an attendance confirmation to the Secretary of State.

    (4) The Secretary of State must not pay the first instalment or, where it has been determined not to pay support under Part 5 by instalments, make any payment of support under that Part to the eligible student before he has received the confirmation unless an exception applies.

    (5) An exception applies if—

    (6) Payments of support under Part 5 are to be made in such manner as the Secretary of State considers appropriate and he may make it a condition of entitlement to payment that the eligible student must provide him with particulars of a bank or building society account in the United Kingdom into which payments may be made by electronic transfer.

    (7) Where a final assessment cannot be made on the basis of the information provided by the student, the Secretary of State may make a provisional assessment and payment of support under Part 5.

    (8) No support under Part 5 in respect of the current course is due in respect of any payment period beginning after an eligible student's period of eligibility terminates.

    (9) Where an eligible student's period of eligibility terminates on or after the relevant date, the Secretary of State must determine—

(10) In this regulation, the "relevant date" is the date on which the first term of the academic year in question actually begins.

(11) If the Secretary of State has made a payment of grant for living and other costs in respect of the relevant payment period before the point in that period at which the eligible student's period of eligibility terminated and that payment exceeds the partial amount of that grant—

    (12) Subject to paragraph (13), if a payment of a grant for living and other costs in respect of the relevant payment period is due to be made or is made after the eligible student's period of eligibility has terminated, the amount of that grant due is the partial amount unless the Secretary of State considers it appropriate to extend the period of eligibility in respect of that grant until the end of the relevant payment period and to determine that the full amount of that grant is due in respect of that payment period.

    (13) Paragraph (12) does not apply to a payment of the disabled students' allowance in respect of specialist equipment.

    (14) No support under Part 5 is due in respect of a payment period 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 for support to be paid in respect of the period of absence.

    (15) In deciding whether it would be appropriate for support to be due under paragraph (14) the circumstances to which the Secretary of State must have regard include the reasons for the student's absence, the length of the absence and the financial hardship which not paying the support would cause.

    (16) An eligible student is not to be considered absent from his course if he is unable to attend due to illness and his absence has not exceeded 60 days.

    (17) Where, after the Secretary of State has made any payment of support under Part 5 or Part 6, he makes a determination of the amount of a grant for living and other costs for which the student qualifies either for the first time or by way of revision of a provisional or other determination of that amount—

CHAPTER 3
PAYMENT OF LOANS
General
100. —(1) Subject to paragraph (2) —

    (2) Regulations 101 and 102 apply in respect of the payment of all loans.

Provision of United Kingdom national insurance number
     101. —(1) The Secretary of State may make it a condition of entitlement to payment of any loan that the eligible or qualifying student must provide him with his United Kingdom national insurance number.

    (2) Where the Secretary of State has imposed a condition under paragraph (1), he must not make any payment of the loan to the eligible or qualifying student before he is satisfied that the student has complied with that condition.

    (3) Despite paragraph (2), the Secretary of State may make a payment of loan to an eligible or qualifying student if he is satisfied that owing to exceptional circumstances it would be appropriate to make such a payment without the eligible or qualifying student having complied with the condition imposed under paragraph (1).

Information requirements
     102. —(1) The Secretary of State may at any time request from an applicant, eligible student or qualifying student information that he considers is required to recover a loan.

    (2) The Secretary of State may at any time require an applicant, eligible student or qualifying student to enter into an agreement to repay a loan by a particular method.

    (3) The Secretary of State may at any time request from an applicant, eligible student or qualifying student sight of his valid national identity card, his valid passport issued by the state of which he is a national or his birth certificate.

    (4) Where the Secretary of State has requested information under this regulation, he may withhold any payment of a loan until the person provides what has been requested or provides a satisfactory explanation for not complying with the request.

    (5) Where the Secretary of State has requested an agreement as to the method of repayment under this regulation, he may withhold any payment of a loan until the person provides what has been requested.

Payment of fee loans and fee contribution loans
     103. —(1) The Secretary of State must pay the fee loan or fee contribution loan for which an eligible student qualifies to an institution to which the student is liable to make payment.

    (2) The Secretary of State may pay the fee loan or fee contribution loan in instalments.

    (3) The Secretary of State must not pay the fee loan or fee contribution loan before—

(a) he has received a request for payment from the academic authority; and

(b) a period of three months beginning with the first day of the academic year has expired.

(4) Where assessment of an old system student's contribution or other matters have delayed the final calculation of the amount of fee contribution loan for which the student qualifies, the Secretary of State may make a provisional assessment and payment.

(5) No payment of fee loan or fee contribution loan can be made in respect of a designated course if—

(a) before the expiry of a period of three months beginning with the first day of the academic year the eligible student ceases to attend or, in the case of a student treated as in attendance under regulation 17, undertake the course; and

(b) the academic authority has determined or agreed that the student will not commence attending or, as the case may be, undertaking in the United Kingdom the course again during the academic year in respect of which the fees are payable or at all.

Payment of college fee loans
     104. —(1) The Secretary of State must pay the college fee loan for which a qualifying student qualifies to the college or permanent private hall to which the student is liable to make payment.

    (2) The Secretary of State must pay the college fee loan in a single instalment.

    (3) The Secretary of State must not pay the college fee loan before—

(a) he has received a request for payment from the college or permanent private hall; and

(b) a period of three months beginning with the first day of the academic year has expired.

    (4) A college or permanent private hall is required to send an attendance confirmation to the Secretary of State.

    (5) The Secretary of State must not pay the college fee loan until he has received an attendance confirmation from the relevant college or permanent private hall unless he determines that owing to exceptional circumstances, it would be appropriate to make a payment without receiving that confirmation.

    (6) The Secretary of State must not make a payment of college fee loan in respect of a qualifying course if—

(a) before the expiry of a period of three months beginning with the first day of the academic year the qualifying student ceases to attend or, in the case of a student who is treated as in attendance under regulation 82, undertake the course; and

(b) the college or permanent private hall has determined or agreed that the student will not commence attending or, as the case may be, undertaking in the United Kingdom again during the academic year in respect of which the college fees are payable or at all.

(a) he must subtract such amount as is necessary to ensure that the student does not borrow an amount of loan for living costs which is greater than that for which he qualifies from any amount of loan for living costs which remains to be paid;

(b) if the amount to be subtracted is greater than the amount of loan for living costs remaining to be paid, the latter is reduced to nil;

(c) any remaining overpayment is recoverable in accordance with Chapter 4 of this Part.

CHAPTER 4
OVERPAYMENTS
Overpayments of fee support
     106. Any overpayment of fee support is recoverable by the Secretary of State from the academic authority.

Overpayments of college fee loan
     107. Any overpayment of college fee loan is recoverable by the Secretary of State from the college or permanent private hall.

Overpayments of support payable under Part 5 or Part 6
     108. —(1) An eligible student must, if so required by the Secretary of State, repay any amount paid to him under Part 5 or 6 which for whatever reason exceeds the amount of support to which he is entitled under Part 5 or 6.

    (2) The Secretary of State must recover an overpayment of any grant for living and other costs unless he considers it is not appropriate to do so.

    (3) The methods of recovery are—

    (4) A payment of any grant for living and other costs made before the relevant date is an overpayment if the student withdraws from the course before the relevant date unless the Secretary of State decides otherwise.

    (5) In this regulation, the "relevant date" is the date on which the first term of the academic year in question actually begins.

    (6) In the circumstances in paragraph (7) or (8), there is an overpayment of the disabled students' allowance unless the Secretary of State decides otherwise.

    (7) The circumstances are—

(8) The circumstances are—

(9) Where there is an overpayment of the disabled students' allowance, the Secretary of State may accept the return of specialist equipment purchased with the grant by way of recovery of all or part of the overpayment if he considers it is appropriate to do so.

(10) 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—

(11) Where an overpayment of a loan for living costs is recoverable under paragraph (10), it may be recovered in whichever one or more of the following ways the Secretary of State considers appropriate in all the circumstances—

(12) Where there has been an overpayment of a loan for living costs which is not recoverable under paragraph (10), the Secretary of State may subtract the overpayment from the amount of any loan for living costs payable to the student from time to time.

CHAPTER 5
INTERPRETATION
Interpretation
109. In this Part—

(ii) confirmation from the institution that the student has presented himself at the institution and begun to attend the course where—

(iii) confirmation from the institution that the student has enrolled for the academic year where—

(b) "payment period" means a period in respect of which the Secretary of State pays the relevant support under Part 5 or Part 6 or would have paid such support if the eligible student's period of eligibility had not terminated.

PART 11
SUPPORT FOR PART-TIME COURSES
Eligible part-time students
     110. —(1) An eligible part-time student qualifies for support in connection with his undertaking a designated part-time course subject to and in accordance with this Part.

    (2) Subject to paragraph (3), a person is an eligible part-time student in connection with a designated part-time course if in assessing his application for support the Secretary of State determines that the person falls within one of the categories set out in Part 2 of Schedule 2.

    (3) A person is not an eligible part-time student if—

(a) there has been bestowed on him or paid to him in connection with the part-time course—

(i) a healthcare bursary whether or not the amount of such bursary is calculated by reference to his income;

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

65

(b) he is in breach of any obligation to repay any loan;

(c) he has reached the age of 18 and has not ratified any agreement for a loan made with him when he was under the age of 18;

(d) he has, in the opinion of the Secretary of State, shown himself by his conduct to be unfitted to receive support; or

(e) subject to paragraph (4), he is a prisoner serving a custodial sentence.

    (4) Paragraph (3)(e) does 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.

    (5) For the purposes of paragraphs (3)(b) and (3)(c), "loan" means a loan made under the student loans legislation.

    (6) In a case where the agreement for a loan is subject to the law of Scotland, paragraph (3)(c) only applies if the agreement was made—

(7) Despite paragraphs (2) and (3) and subject to paragraphs (10) to (12), a person is an eligible part-time student for the purposes of this Part if he satisfies the conditions in paragraph (8) or (9).

(8) The conditions in this paragraph are—

(9) The conditions in this paragraph are—

(b) the person's status as an eligible student or as an eligible part-time student in connection with the course referred to in sub-paragraph (a) has been converted or transferred from that course to the current designated part-time course as a result of one or more conversions or transfers in accordance with regulations made by the Secretary of State under section 22 of the 1998 Act;

(c) the person was not ordinarily resident in Wales on the first day of the first academic year of the course referred to in sub-paragraph (a); and

(d) the person's status as an eligible part-time student has not terminated.

(10) Where—

A's status as an eligible part-time student terminates immediately before the first day of the academic year in respect of which he is applying for support.

(11) Where—

A's status as an eligible part-time student terminates immediately before the first day of the academic year in respect of which he is applying for support.

(12) Paragraphs (10) and (11) do not apply where the student began the course in connection with which the Secretary of State determined that he was an eligible part-time student or eligible student, as the case may be, before 1st September 2007.

(13) An eligible part-time student may not, at any one time, qualify for support for—

Students becoming eligible during the course of the academic year
111. —(1) Where one of the events listed in paragraph (3) occurs in the course of an academic year—

(a) a student may qualify for a grant in respect of fees in respect of that academic year in accordance with this Part provided that the relevant event occurred within the first three months of the academic year; and

(b) a grant in respect of fees is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.

(2) Where one of the events listed in sub-paragraphs (a), (b), (e), (f), (g) or (h) of paragraph (3) occurs in the course of an academic year—

(a) a student may qualify for a grant for books, travel and other expenditure in respect of that academic year in accordance with this Part; and

(b) a grant for books, travel and other expenditure is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.

(3) The events are—

(a) the student's course becomes a designated part-time course;

(b) the student, his spouse, his civil partner or his parent is recognised as a refugee or becomes a person with leave to enter or remain;

(c) a state accedes to the European Community and the student is a national of that state or a family member (as defined in Part 1 of Schedule 1) of a national of that state;

(d) the student becomes a family member (as defined in Part 1 of Schedule 2) of an EC national;

(e) the state of which the student is a national accedes to the European Community where the student has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the first academic year of the course;

(f) the student acquires the right of permanent residence;

(g) the student becomes a person described in paragraph 6(1)(a) of Schedule 2; or

(h) the student becomes the child of a Swiss national.

Designated part-time courses
112. —(1) Subject to paragraphs (2) and (3), a part-time course is designated for the purposes of section 22(1) of the 1998 Act and regulation 110 if—

(a) it is a course mentioned in Schedule 3 other than a course for the initial training of teachers;

(b) it is of at least one academic year's duration;

(c) it is ordinarily possible to complete the course in not more than twice the period ordinarily required to complete the full-time equivalent;

(d) it is wholly provided by a publicly-funded educational institution or institutions in the United Kingdom or is provided by such institution or institutions in conjunction with an institution or institutions outside the United Kingdom; and

(e) it is not designated by or under regulation 6.

    (2) A course falling within paragraph 7 or 8 of Schedule 3 is not a designated part-time course where the governing body of a maintained school has arranged for the provision of such a course to a pupil of the school.

    (3) A course that is taken as part of an employment-based teacher training scheme is not a designated part-time course.

    (4) For the purposes of paragraph (1)—

(a) a course is provided by an institution if it provides the teaching and supervision which comprise the course, whether or not the institution has entered into an agreement with the student to provide the course;

(b) a university and any constituent college or institution in the nature of a college of a university is to be regarded as publicly funded if either the university or the constituent college or institution is publicly funded; and

(c) an institution is not to 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[

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(5) For the purposes of paragraph (1)(c)—

(c) "standard full-time student" is a student who is to be taken—

    (6) For the purposes of section 22 of the 1998 Act and regulation 110(1) the Secretary of State may designate courses of higher education which are not designated by paragraph (1).

Period of eligibility
     113. —(1) A student retains his status as an eligible part-time student in connection with a designated part-time course until the status terminates in accordance with this regulation and regulation 110.

    (2) The period for which an eligible part-time student retains his status is the "period of eligibility".

    (3) Subject to the following paragraphs and regulation 110, the period of eligibility terminates at the end of the academic year in which the eligible part-time student completes the designated part-time course.

    (4) The period of eligibility terminates when the eligible part-time student—

(a) withdraws from his designated part-time course in circumstances where the Secretary of State has not transferred or converted or will not transfer or convert his status under regulation 122 or 123; or

(b) abandons or is expelled from his designated part-time course.

    (5) The period of eligibility terminates at the end of the relevant academic year where the eligible part-time student cannot complete the designated part-time course within the period specified in regulation 112(1)(c).

    (6) For the purposes of paragraph (5), "relevant academic year" means the academic year during or at the end of which it becomes impossible for the student to complete the course within the period specified in regulation 112(1)(c) even if he increases his intensity of study.

    (7) The Secretary of State may terminate the period of eligibility where the eligible part-time student has shown himself by his conduct to be unfitted to receive support.

    (8) If the Secretary of State is satisfied that an eligible part-time student has failed to comply with any requirement to provide information under this Part or has provided information which is inaccurate in a material particular, the Secretary of State may take such of the following actions as he considers appropriate in the circumstances—

(a) terminate the period of eligibility;

(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 126.

(9) Where the period of eligibility terminates—

(a) before the end of the academic year in which the eligible part-time student completes the designated part-time course; and

(b) otherwise than under paragraph (5)

the Secretary of State may, at any time, renew or extend the period of eligibility for such period as he determines.

Assistance for part-time courses
114. —(1) For the purposes of this regulation, the assistance available is—

(a) a grant in respect of fees not exceeding the lesser of the following amounts—

(b) a grant not exceeding £250 for books, travel and other expenditure in connection with the designated part-time course.

(2) An eligible part-time student does not qualify for assistance under paragraph (1)(b) if the only paragraph in Part 2 of Schedule 2 into which he falls is paragraph 9.

(3) An eligible part-time student qualifies for assistance—

(a) under paragraph (1)(a) if the Secretary of State considers that he is undertaking the designated part-time course in England; and

(b) under paragraph (1)(b) if the Secretary of State considers that he is undertaking the designated part-time course in the United Kingdom.

(4) An eligible part-time student does not qualify for support under this regulation 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 (5).

(5) The loans and grants are—

(a) 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 pursuant to regulations made under section 22 of the 1998 Act;

(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[

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(6) An eligible part-time student does not qualify for support under this regulation if he holds a first degree from an educational institution in the United Kingdom.

(7) For the purposes of paragraph (6), a degree is not to be treated as a first degree where—

Amount of assistance
115. —(1) The basic grant varies according to the intensity of study.

(2) The intensity of study is calculated as follows and expressed as a percentage—

PT
	× 100
FT