The Education (Student Loans) (Scotland) Regulations 2000

PART IIELIGIBILITY AND APPLICATIONS

Eligible students

4.—(1) The Scottish Ministers may pay a loan, in accordance with the provisions of section 73(f) of the Act and these Regulations, to or in respect of an eligible student.

(2) Subject to and in accordance with these Regulations a person shall be eligible for a loan in connection with his attendance at a designated course if–

(a)he is a person mentioned in Schedule 1;

(b)he is–

(i)under the age of 50 on the first day of the first academic year of the course; or

(ii)aged 50 or over and under the age of 55 on that day and the Scottish Ministers are satisfied that he intends to enter employment after he has completed the course;

(c)he is not eligible for a loan in relation to an academic year of the course under the Education (Student Loans) Act 1990, the Education (Student Loans) (Northern Ireland) Order 1990, the Teaching and Higher Education Act 1998 or the Education (Student Support) (Northern Ireland) Order 1998, or any regulations made under any of the foregoing;

(d)he is not eligible to receive in relation to the academic year–

(i)a bursary or award of similar description under section 63 of the Health Services and Public Health Act 1968(1) 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(2);

(e)he is not in breach of any obligation to repay any loan;

(f)where the designated course is a part-time course, he has already received fewer than eight loans in connection with his attendance at one or more part-time courses;

(g)where the designated course is a part-time course, he has–

(i)attained the age of 25 years;

(ii)been married for at least 2 years;

(iii)no parent living; or

(iv)supported himself out of his earnings for periods aggregating not less than 3 years; and

(h)subject to paragraph (5), he has ratified any agreement for a loan made with him when he was under the age of 18.

(3) Notwithstanding that he satisfies the requirements specified in paragraph (2) a person shall not be eligible for a loan if–

(a)he has, in the opinion of the Scottish Ministers, shown himself by his conduct to be unfitted to receive a loan; or

(b)the designated course is a part-time course and the person holds a first degree from an educational institution in the United Kingdom or a comparable qualification from an educational institution outside the United Kingdom.

(4) For the purposes of paragraph (2)(e), (f) and (h) “loan” means a loan made under the Act, the Education (Student Loans) Act 1990, the Education (Student Loans) (Northern Ireland) Order 1990, the Teaching and Higher Education Act 1998, the Education (Student Support) (Northern Ireland) Order 1998 or under any regulations made under any of the foregoing.

(5) Paragraph (2)(h) shall only apply, in a case where the agreement for a loan is subject to the law of Scotland, if it was made–

(a)before 25th September 1991; and

(b)with the concurrence of the student’s curator, or at a time when he had no curator.

(6) A person in respect of whom the first day of the first academic year of the course is on or after 1st August 2000 shall not, at any one time, be eligible for support for more than one designated course.

Designated courses

5.—(1) A course shall be designated for the purposes of regulation 4(2) if it is–

(a)mentioned in Schedule 2;

(b)a full-time course, a part-time course or sandwich course;

(c)of at least one academic year’s duration and, in the case of a part-time course, does not have a duration in excess of twice the period normally required to complete a full-time course leading to the same qualification; and

(d)wholly provided by an educational institution or institutions in the United Kingdom maintained or assisted by recurrent grants out of public funds or is provided by such an institution or institutions in conjunction with an institution or institutions outside the United Kingdom.

(2) For the purposes of these Regulations a sandwich course is a course, other than a course for the initial training of teachers referred to in paragraph 4 of Schedule 2, consisting of alternate periods of full-time study in an institution and periods of work experience so organised that, taking the course as a whole, the student attends the periods of full-time study for an average of not less than 19 weeks in each year; and for the purposes of calculating his attendance the course shall be treated as beginning with the first period of full-time study and ending with the last such period.

(3) For the purposes of these Regulations “periods of work experience” means–

(a)periods of industrial, professional or commercial experience associated with full-time study at an institution but at a place outwith the institution; and

(b)in the case of a course which includes the study of one or more modern languages for not less than one half of the time spent studying on the course, and which includes periods of residence in a country whose language is a language of the course, such periods of residence during which the student is employed.

(4) For the purposes of these Regulations a course is provided by an institution if it provides the teaching and supervision which comprise the course, whether or not it has entered into an agreement with the student to provide the course.

(5) For the purposes of paragraph (1) a university and any constituent college or institution in the nature of a college of a university shall be regarded as maintained or assisted by recurrent grants out of public funds if either the university or the constituent college or institution is so maintained or assisted.

(6) For the purposes of paragraph (1) an institution shall not be regarded as maintained or assisted by recurrent grants out of public funds by reason only that it receives public funds from the governing body of a higher education institution in accordance with section 65(3A) of the Further and Higher Education Act 1992(3).

(7) For the purposes of these Regulations a course, the standard of which is not higher than a first degree course, which leads to a qualification as a medical doctor, a dentist, a veterinary surgeon, an architect, a landscape architect, a landscape designer, a landscape manager, a town planner or a town and country planner, shall be considered to be a single course for a first degree or for an equivalent qualification notwithstanding that the course may lead to another degree or qualification being conferred before the degree or equivalent qualification, and notwithstanding that part of the course may be optional.

(8) For the purposes of regulation 4(2) the Scottish Ministers may designate courses of higher education which are not designated under paragraph (1).

Applications for loans

6.—(1) A student shall apply for a loan, not exceeding the maximum amount applicable in his case, in connection with his attendance on a course by completing and submitting to the Scottish Ministers an application in such form as the Scottish Ministers may require.

(2) The completed application shall include such information as the Scottish Ministers require, including the following particulars:–

(a)the student’s United Kingdom national insurance number, unless he does not have one;

(b)the student’s most recent student loan account number, if any; and

(c)the names, addresses and telephone numbers of two persons who know the student.

(3) The completed application shall also include a declaration signed by the student that–

(a)the particulars given in the form are correct to the best of his knowledge and belief;

(b)he will notify the Scottish Ministers of any change in them which might affect his eligibility for a loan; and

(c)he will, if required to do so, repay to the Scottish Ministers–

(i)any amount paid to him which exceeds for whatever reasons the amount of loan to which he is entitled under these Regulations; and

(ii)any amount lent to him, together with interest and applicable charges and penalties, in accordance with the Act and any regulations made thereunder from time to time.

(4) The application form must reach the Scottish Ministers by such date as they may determine from time to time (and different dates may be determined by them in respect of loans for different courses) unless the Scottish Ministers consider that, having regard to the circumstances of the particular case, the time limit should be relaxed, in which case the application must reach the Scottish Ministers not later than such date as they specify.

(5) A student shall demonstrate his eligibility for a loan by providing such evidence as the Scottish Ministers may require.

(6) The Scottish Ministers may take such steps and make such inquiries as they consider necessary to determine whether the student is eligible for a loan.

(7) If the Scottish Ministers determine that a student is eligible for a loan they shall notify him of that fact and of the maximum amount of loan applicable in his case, and thenceforth the student shall be an “eligible student” for the purposes of these Regulations.

(8) In any case where the Scottish Ministers–

(a)determine that the maximum amount of loan which has been notified to an eligible student 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)consider that the increase in the maximum amount does not result from the eligible student–

(i)failing to provide information promptly which might affect his eligibility for a loan or the amount of loan for which he is eligible; or

(ii)providing information which is inaccurate in any material particular,

they shall notify him of the increased amount and the eligible student may apply to borrow an additional amount which when added to the amount already applied for shall not exceed the increased maximum.

(9) An application under paragraph (8) shall be made by completing and submitting to the Scottish Ministers an application in such form as they may require by such date as the Scottish Ministers may determine from time to time (and different dates may be determined by them in respect of loans for different courses) and shall contain a declaration signed by the eligible student in the terms set out in paragraph (3).

(10) Where an eligible student who has submitted an application for a loan in accordance with paragraph (1) has not applied for the maximum amount of loan to which he is entitled in relation to an academic year under the preceding paragraphs he may apply to borrow an additional amount, which when added to the amount already applied for shall not exceed the maximum applicable in his case.

(11) An application under paragraph (10) shall be made by completing and submitting to the Scottish Ministers an application in such form as they may require not later than such date as the Scottish Ministers may determine from time to time and shall contain a declaration signed by the student in the terms set out in paragraph (3).

Transfers of eligibility

7.—(1) An eligible student may request that the Scottish Ministers transfer his eligibility in any case where–

(a)on the recommendation of the academic authority of the institution concerned the eligible student starts to attend another course at the institution;

(b)with the written consent of the academic authorities of both institutions concerned, given on educational grounds, the eligible student starts to attend a course at another institution;

(c)with the written consent of the academic authority of the institution concerned, the eligible student ceases to attend a full-time course but starts to attend a part-time course, or ceases to attend a part-time course but starts to attend a full-time course, in either case at the same institution;

(d)after commencing a course for the Certificate in Education, the eligible student is, on or before the completion of that course, admitted to a course for the degree of Bachelor of Education;

(e)after commencing a course for the degree (other than an honours degree) of Bachelor of Education the eligible student is, on or before the completion of that course, admitted to a course for the honours degree of Bachelor of Education; or

(f)after commencing a course for a first degree (other than an honours degree) the eligible student is, before the completion of that course, admitted to a course for an honours degree in the same subject or subjects at the institution.

(2) Subject to paragraph (3) the Scottish Ministers, on being satisfied of the matters referred to in paragraph (1) and that the second course is a designated course, shall transfer the eligible student’s eligibility, and thenceforth the eligible student shall for all purposes be an eligible student in connection with his attendance at the second course, whether or not he might have been eligible for a loan if he had applied under regulation 6.

(3) The Scottish Ministers may, after consulting the academic authority concerned, refuse to transfer eligibility where paragraph (1)(a), (b) or (c) applies if they are satisfied that when the student applied for a loan he did not intend to complete the course to which his application related.

(4) For the purposes of the duty of the Scottish Ministers to transfer eligibility where paragraph (1)(d) or (e) applies it shall be immaterial whether or not the two courses are provided by the same institution.

(5) Where the Scottish Ministers have transferred an eligible student’s eligibility from a course which is a full-time course to a course which is a part-time course, or from a course which is a part-time course to a course which is a full-time course, in either case during an academic year, then notwithstanding any other provision of these Regulations, the maximum amount of loan applicable in the case of the eligible student in respect of that academic year shall be the amount determined from time to time by the Scottish Ministers under regulation 10 as being applicable in respect of students whose eligibility is so transferred.

(6) The Scottish Ministers shall notify the eligible student of any change in the maximum amount of loan applicable in his case as a result of the transfer of his eligibility.

(7) An eligible student’s eligibility for a loan may not be transferred after it has expired or been terminated under regulation 8.

Termination of eligibility

8.—(1) Subject to paragraph (2) an eligible student shall cease to be eligible for a loan on the expiry of the period ordinarily required for the completion of the course, and accordingly he shall then cease to be an “eligible student”.

(2) The Scottish Ministers may before or after an eligible student ceases to be an eligible student under paragraph (1) determine that he shall continue to be eligible for a loan for such further period after the expiry of the period referred to in that paragraph as they specify, and accordingly he shall be, or be considered to have been, an “eligible student” throughout that further period until its expiry.

(3) Where an eligible student has withdrawn from a course in circumstances where the Scottish Ministers have not transferred or will not transfer his eligibility to another course under regulation 7, or has abandoned or been expelled from his course, the Scottish Ministers shall determine that he is no longer eligible for a loan, and on such determination he shall then cease to be an “eligible student”.

(4) Where an eligible student has shown himself by his conduct to be unfitted to receive a loan the Scottish Ministers may determine that he is no longer eligible for a loan, and on such determination he shall then cease to be an “eligible student”.

Information

9.—(1) Every applicant and every eligible student shall as soon as reasonably practicable after he is requested to do so provide the Scottish Ministers with such information as they consider necessary for the exercise of their functions under these Regulations.

(2) Every applicant and every eligible student shall forthwith inform the Scottish Ministers if any of the following occurs, and provide them with particulars–

(a)he withdraws from, abandons or is expelled from his course;

(b)he transfers to another course, at the same or a different institution, whether or not the new course is a designated course;

(c)he ceases to attend his course and does not intend to, or is not permitted to, return for the remainder of the academic year;

(d)he is absent from his course for more than 60 days due to illness, or is absent from his course for any period for any other reason;

(e)the month for the start or completion of the course changes; or

(f)his home or term time address or telephone number changes.

(3) If the Scottish Ministers are satisfied that an eligible student has wilfully failed to comply with any requirement to provide information, or has provided information that the student knows to be false in a material particular, or has recklessly provided information which is false in a material particular, they may determine that the student shall–

(a)no longer be eligible for any loan; or

(b)not be eligible for such a particular loan or particular amount of loan as they consider appropriate in the circumstances.