Citation and commencement

1.  These Regulations may be cited as the Education (Student Support) (Coronavirus) (Amendment) Regulations 2021 and come into force on 31st March 2021.

Extent and application

2.—(1) These Regulations extend to England and Wales.

(2) These Regulations apply in relation to England only( 2).

Amendment of the Education (Student Support) Regulations 2011

3.—(1) The Education (Student Support) Regulations 2011( 3) are amended as follows.

(2) In Part 6 (loans for living costs)—

(a) in regulation 90 (categories of student), at the beginning, insert “Subject to regulation 90A,”;

(b) after regulation 90, insert—

“Application of category A in quarters ending on 30th June 2021 and 31st August 2021

90A.— (1)  This regulation applies in relation to the application of category A in respect of—

(a) the quarter beginning on 1st April 2021 and ending on 30th June 2021; and

(b) the quarter beginning on 1st July 2021 and ending on 31st August 2021.

(2)  For the purposes of this Part, a student is not to be treated as falling into category A if, in respect of the quarter ending on 31st March 2021, they were paid the rate of loan for living costs and, where applicable, long courses loan payable to a student in category B or D.

(3)  Paragraph (2) does not apply in relation to one or both of the quarters mentioned in paragraph (1), in the case of a student who applies to the Secretary of State to have their loan for living costs and, where applicable, long courses loan paid at the rate payable to a student in category A for that quarter or those quarters, as the case may be. ”.

(3) In Part 11B( 4) (loans for living costs in connection with designated part-time courses)—

(a) in regulation 157F (maximum amount of loans for living costs: general), in paragraph (4), at the beginning, insert “Subject to regulation 157FA,”;

(b) after regulation 157F, insert—

“Application of category A in quarters ending on 30th June 2021 and 31st August 2021

157FA.— (1)  This regulation applies in relation to the application of category A in respect of—

(a) the quarter beginning on 1st April 2021 and ending on 30th June 2021; and

(b) the quarter beginning on 1st July 2021 and ending on 31st August 2021.

(2)  For the purposes of this Part, an eligible part-time student is not to be treated as falling into category A if, in respect of the quarter ending on 31st March 2021, they were paid the rate of loan for living costs payable to an eligible part-time student in category B or D.

(3)  Paragraph (2) does not apply in relation to one or both of the quarters mentioned in paragraph (1), in the case of an eligible part-time student who applies to the Secretary of State to have their loan for living costs paid at the rate payable to a student in category A for that quarter or those quarters, as the case may be. ”.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Education (Student Support) Regulations 2011 ( S.I. 2011/1986).

Regulation 3(2) amends provisions relating to categories of students entitled to loans for living costs and long courses loans for the quarters ending on 30th June 2021 and 31st August 2021. The amendments provide that full-time students attending designated courses who were paid the London or outside London rates of loan in the quarter ending on 31st March 2021 will not be treated as falling into category A, and paid the parental home rate, unless they request to be paid at that rate. Regulation 3(3) makes equivalent amendments in relation to loans for living costs for students attending designated part-time courses.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.