Citation, commencement, application and interpretation

1.-(1) These Regulations may be cited as the Education (Postgraduate Master's Degree Loans) (Amendment) Regulations 2017 and come into force on 12th June 2017.

(2) In these Regulations, "the 2016 Regulations" means the Education (Postgraduate Master's Degree Loans) Regulations 2016(2).

(3) The amendments made by the following provisions apply only in relation to the provision of support to students in respect of an academic year which begins on or after 1st August 2017, whether anything done under the 2016 Regulations is done before, on or after 1st August 2017-

(a)regulation 2(2)(c) and (d); and

(b)regulation 2(2)(e) insofar as it relates to a person described in regulation 3(3)(k) of the 2016 Regulations (recipient of a postgraduate loan other than under the 2016 Regulations from a government authority within the United Kingdom).

(4) The substitutions made by regulation 2(3) and (4) apply only in respect of a course begun on or after 1st August 2017.

Amendment of the 2016 Regulations

2.-(1) The 2016 Regulations are amended as follows.

(2) In regulation 3 (eligible students)-

(a)at the end of paragraph (3)(i), omit "or";

(b)in paragraph (3)(j)(iii), after "disability", insert ", save to the extent that A is eligible only for such an allowance, bursary or award in respect of travel expenses; or";

(c)after paragraph (3)(j) insert-

"(k)subject to paragraph (7), A has previously received a loan other than under these Regulations in respect of a course, where that loan was paid out of funds provided by a government authority within the United Kingdom.";

(d)after paragraph (5) insert-

"(5A) Paragraphs (4) and (5) do not apply to a person who is treated as ordinarily resident in the United Kingdom by virtue of paragraph 1(5) of Schedule 1 on the basis of temporary employment falling within paragraph 1(6)(a) of Schedule 1.";

(e)for paragraph (7), substitute-

"(7) The Secretary of State may deem a person described in paragraph (3)(i) or (3)(k) to be an eligible student where the Secretary of State is of the view that the person had not been able to complete the course to which the previous loan related due to compelling personal reasons.".

(3) For regulation 10 (time limits) substitute-

"10.-(1) The rule in this paragraph is that the application must reach the Secretary of State no later than the end of the ninth month of the academic year in respect of which it is submitted.

(2) Where the applicant is applying to amend the amount of the postgraduate master's degree loan under regulation 12(3), the rule in this paragraph is that the application must reach the Secretary of State no later than the end of the ninth month of the academic year in respect of which it is submitted.

(3) The rule described in either paragraph (1) or (2) does not apply where the Secretary of State considers that having regard to the circumstances of the particular case the time limit is to be relaxed, in which case the application must reach the Secretary of State no later than such date as the Secretary of State specifies.".

(4) In regulation 12 (amount of the postgraduate master's degree loan)-

(a)in both places where it occurs for "£10,000", substitute "£10,280";

(b)for "regulation 10(3)" in paragraph (3)(b), substitute "regulation 10(2)" .

(5) In regulation 15(2), for "lace" substitute "lack".

(6) In regulation 15(4), for "under paragraph (2)", substitute "under paragraph (3)".

(7) In Schedule 1 (Eligible Students)-

(a)for paragraph 2, substitute-

"2.-(1) A person-

(a)who on the first day of the first academic year of the course-

(i)is settled in the United Kingdom other than by reason of having acquired the right of permanent residence;

(ii)is ordinarily resident in England; and

(iii)has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course; and

(b)subject to sub-paragraph (2), whose residence in the United Kingdom and Islands has not during any part of the period referred to in sub-paragraph (a)(iii) been wholly or mainly for the purpose of receiving full-time education.

(2) Paragraph (b) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the United Kingdom and Islands in accordance with paragraph 1(5).".

(b)in paragraph 9(2), for "1(4)" substitute "1(5)"; and

(c)for paragraph 13, substitute-

"13.-(1) A person-

(a)who on the first day of the first academic year of the course either-

(i)is under the age of 18 and has lived in the United Kingdom throughout the seven-year period preceding the first day of the first academic year of the course; or

(ii)is aged 18 or above and, preceding the first day of the first academic year of the course, has lived in the United Kingdom throughout either-

(aa)half their life; or

(bb)a period of twenty years;

(b)who is ordinarily resident in England;

(c)who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course; and

(d)subject to sub-paragraph (2), whose residence in the United Kingdom and Islands has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.

(2) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the United Kingdom and Islands in accordance with paragraph 1(5).".

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Education (Postgraduate Master's Degree Loans) Regulations 2016 ("the 2016 Regulations") which make provision for the making and repayment of loans to eligible individuals undertaking certain postgraduate courses of study.

These Regulations amend the 2016 Regulations to provide that a person who is entitled to a travel allowance under the Care Standards Act 2000 is not for that reason alone ineligible for a loan under these Regulations (regulation 2(2)(b)). This change applies to individuals who are part way through a course at the time these Regulations come into force, as well as those who apply for a loan in respect of a subsequent academic year.

These Regulations also make provision in respect of those who are serving members of the armed forces posted overseas, or certain members of their families (regulation 2(2)(d)). The effect of that provision is to enable those individuals to undertake certain distance learning courses which otherwise would need to be undertaken in England to be eligible for a loan. This change applies only in relation to the provision of support to students in respect of an academic year which begins on or after 1st August 2017.

These Regulations also render a person who has previously received a loan (other than under the 2016 Regulations) in respect of a postgraduate master's degree course from a government authority in the United Kingdom, ineligible for support under the 2016 Regulations (regulation 2(2)(c)). The Secretary of State may, however, in certain limited circumstances deem such a person to be eligible for support under the 2016 Regulations (regulation 2(2)(e)).

These Regulations also, by way of the substitution of Regulation 10 of the 2016 Regulations, enable a person who starts an eligible course of longer than two academic years' duration on or after 1st August 2017 to apply for a loan and to apply to vary the amount of the loan during any year of their course (regulation 2(3)). Regulation 10 of the 2016 Regulations as in force before the coming into force of these Regulations will continue to apply to those whose courses began before 1st August 2017.

These Regulations also raise the maximum amount of a postgraduate loan from £10,000 to £10,280 in respect of a course beginning on or after 1st August 2017 (regulation 2(4)).

The remainder of the amendments made by these Regulations are of a minor and technical nature.

An impact assessment has not been produced for this instrument as it has no impact on businesses and civil society organisations. The instrument has a minimal impact on the public sector. A full impact assessment in respect of the 2016 Regulations, which this instrument amends, was published when those Regulations were laid before Parliament and is accessible at: http://www.legislation.gov.uk/ukia/2016/194/pdfs/ukia_20160194_en.pdf.