The Education (Student Support) Regulations 2011

PART 1GENERAL

Citation, commencement and application

1.—(1) These Regulations may be cited as the Education (Student Support) Regulations 2011 and come into force on 1st September 2011.

(2) These Regulations apply in relation to England (1).

(3) These Regulations (other than regulations 3, 117 and 118) apply in relation to the provision of support to students in relation to an academic year which begins on or after 1st September 2012 whether anything done under these Regulations is done before, on or after 1st September 2012.

Interpretation

2.—(1) In these Regulations—

“the 1962 Act” means the Education Act 1962(2);

“the 1998 Act” means the Teaching and Higher Education Act 1998;

“the 1998 Regulations” means the Education (Student Support) Regulations 1998(3);

“the 1999 Regulations” means the Education (Student Support) Regulations 1999(4);

“the 2000 Regulations” means the Education (Student Support) Regulations 2000(5);

“the 2001 Regulations” means the Education (Student Support) Regulations 2001(6);

“the 2002 Regulations” means the Education (Student Support) Regulations 2002(7);

“the 2003 Regulations” means the Education (Student Support) (No. 2) Regulations 2002 ()f00009" /> as amended only by the Education (Student Support) (No. 2) Regulations 2002 (Amendment) Regulations 2003 ()f00010" /> and the Education (Student Fees and Support) (Switzerland) Regulations 2003 ()f00011" />;

“the 2004 Regulations” means the 2003 Regulations as amended by the Education (Student Support) (No. 2) Regulations 2002 (Amendment) Regulations 2004(8), the Education (Student Support) (No. 2) Regulations 2002 (Amendment) (No. 2) Regulations 2004(9), the Education (Student Support) (No. 2) Regulations 2002 (Amendment) (No. 3) Regulations 2004(10), the Education (Student Support) (No. 2) Regulations 2002 (Amendment) (No. 4) Regulations 2004(11), the Education (Student Support) (No. 2) Regulations 2002 (Amendment) Regulations 2005(12), the Education (Student Support) (Amendment) Regulations 2005(13) and the Education (Student Support) (Amendment) (No. 2) Regulations 2005(14);

“the 2005 Regulations” means the Education (Student Support) Regulations 2005(15);

“the 2006 Regulations” means the Education (Student Support) Regulations 2006(16);

“the 2007 Regulations” means the Education (Student Support) Regulations 2007(17);

“the 2008 Regulations” means the Education (Student Support) Regulations 2008(18);

“the 2008 (No.2) Regulations” means the Education (Student Support) (No.2) Regulations 2008(19);

“the 2009 Regulations” means the Education (Student Support) Regulations 2009(20);

“2008 cohort student” means a current system student who—

and to whom one of the following sub-paragraphs applies—

“2009 cohort student” means a current system student who—

and to whom one of the following sub-paragraphs applies—

“2012 cohort student” means a current system student who—

“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;

“Academy” means a school to which Academy arrangements under section 1 of the Academies Act 2010(21) relate;

“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 in relation to which the student is eligible to apply for a healthcare bursary or a Scottish healthcare allowance, the amount of which is calculated by reference to that student’s income whether or not the calculation results in a nil amount;

“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—

“contribution” means an eligible student’s contribution calculated pursuant to regulation 99 and Schedule 4;

“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 distance learning course” means the designated distance learning 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 5 or by the Secretary of State under regulation 5;

“designated distance learning course” means a course designated by the Secretary of State under regulation 122;

“designated part-time course” means a course designated by regulation 139 or by the Secretary of State under regulation 139;

“designated postgraduate course” means a course designated by regulation 161 or by the Secretary of State under regulation 161;

“Directive 2004/38” means Directive 2004/38 of the European Parliament and of the Council of 29th April 2004(22) on the rights of citizens of the Union and their family members to move and reside freely in the territory of the Member States;

“disabled distance learning students’ allowance” means the grant payable under regulation 127;

“disabled part-time students’ allowance” means the grant payable under regulation 147;

“disabled students’ allowance” means the grant payable under regulation 40;

“distance learning course” means a course on which a student undertaking the course is not required to be in attendance by the institution providing the course, where “required to be in attendance” is not satisfied by a requirement imposed by the institution to attend any institution—

“electronic signature” is so much of anything in electronic form as—

“eligible distance learning student” has the meaning given in regulation 120;

“eligible part-time student” has the meaning given in regulation 137;

“eligible postgraduate student” has the meaning given in regulation 159;

“eligible prisoner” means a prisoner—

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

“employment-based teacher training scheme” means—

“end-on course” means—

“equivalent or lower qualification” means a qualification determined in accordance with paragraph (5) to be an equivalent or lower qualification;

“Erasmus year” means an academic year of a course during which a student is participating in the action scheme of the EU for the mobility of university students known as ERASMUS(23) and where the student’s course is a course referred to in regulation 5(1)(d) and—

“EU national” means a national of a Member State of the EU;

“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 Higher Education Act 2004(24) 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;

“flexible postgraduate course for the initial training of teachers” means a graduate-entry or postgraduate-level course for the initial training of teachers, the length and pattern of which is determined by reference to the eligible student’s experience and training requirements and which has been approved by the Training and Development Agency for Schools(25)where the course—

“former Metropolitan Police District” means—

“full-time equivalent” means a full-time course leading to the same qualification as the part-time course in question;

“gap year student” has the meaning given in paragraph (6);

“graduate entry accelerated programme” means a course—

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

“healthcare bursary” means a bursary or award of similar description under section 63 of the Health Services and Public Health Act 1968(26) or Article 44 of the Health and Personal Social Services (Northern Ireland) Order 1972(27);

“higher education bursary” means an amount paid by a local authority in England under section 23C(5A) of the Children Act 1989(28);

“higher education course” means a course referred to in Schedule 2 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 4;

“information” includes documents;

“Institute” means the University of London Institute in Paris;

“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;

“long courses loan” means a long courses loan pursuant to regulation 81;

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

“old award” is an award within the meaning of the Education (Mandatory Awards) Regulations 2003(29);

“old flexible postgraduate course for the initial training of teachers” means a flexible postgraduate course for the initial training of teachers which a student started to attend before 1st September 2008;

“old system student” means an eligible student who—

“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 6 in relation to an eligible student, in regulation 123 in relation to an eligible distance learning student, in regulation 140 in relation to an eligible part-time student and in regulation 162 in relation to an eligible postgraduate student;

“periods of work experience” means—

“person granted humanitarian protection” means a person—

“preliminary course” means a course mentioned in paragraph 1 to 4 of Schedule 2, or overseas equivalent, 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, or overseas equivalent, taken before a full-time honours degree course, as the case may be;

“previous course” has the meaning given in regulation 12;

“prisoner” includes a person detained in a young offender institution;

“private institution” means an institution which is not publicly funded;

“public funds” means moneys provided by Parliament or by a government authority outside the United Kingdom;

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

“qualified teacher” has the meaning given in section 132(1) of the Education Act 2002(32);

“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 92;

“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—

“refugee” means a person who is recognised by Her Majesty’s government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28th July 1951(33) as extended by the Protocol thereto which entered into force on 4th October 1967(34);

“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 (10);

“Scottish healthcare allowance” means any allowance under sections 73(f) and 74(1) of the Education (Scotland) Act 1980(35) granted in respect of a person on a course leading to a qualification in a healthcare profession other than as a medical doctor or dentist;

“specified designated course” has the meaning given in paragraph (11);

“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 after 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;

“student loans legislation” means the Education (Student Loans) Act 1990(36), the Education (Student Loans) (Northern Ireland) Order 1990(37), the Education (Scotland) Act 1980 and regulations made under those Acts or that Order, the Education (Student Support) (Northern Ireland) Order 1998(38) and regulations made under that Order or the 1998 Act and regulations made under that Act;

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

“transitional award” means an award made under the Education (Mandatory Awards) Regulations 1998(39) other than an old award;

“Turkish worker” means a Turkish national who—

“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 the student is applying for support are in aggregate at least 6 weeks but less than 10 weeks where the course—

“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 the student is applying for support are in aggregate 10 weeks or more where the course—

“type 3 teacher training student” means a current system student on a course for a first degree for the initial training of teachers whose periods of full-time attendance (including attendance for the purpose of teaching practice) in the academic year in respect of which the student is applying for support are in aggregate at least 6 weeks but less than 10 weeks where the course—

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

(a)a course for a first degree (other than a foundation degree);

(b)a full-time course designated under regulation 5(1); and

(c)of two academic years’ duration.

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

(4) For the purposes of the college fee loan, references to an eligible student in regulations 6, 7, 8 and Schedule 3 include a person treated as an eligible student by virtue of regulation 93.

(5) The Secretary of State may determine that a qualification is an equivalent or lower qualification if—

(a)an eligible student holds a higher education qualification from any institution whether or not in the United Kingdom; and

(b)the qualification referred to in sub-paragraph (a) is an honours degree from an institution in the United Kingdom or is of an academic level which, in the opinion of the Secretary of State, is equivalent to or higher than a qualification to which the current course leads.

(6) 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 the person meets the conditions in paragraph (7) or (9).

(7) The conditions are—

(a)the person had on or before 1st August 2005 received an offer, whether conditional on obtaining specified qualifications or not, of a place on the current course or a similar course; and

(b)the first academic year of the current course began on or after 1st September 2006 but before 1st September 2007.

(8) In paragraph (7), a course (the “original course”) is similar to the current course if—

(a)it appears to the academic authority of the institution providing the current course that the subject-matter of the course is in whole or in part the same as the subject-matter of the original course; and

(b)except where the original course is no longer being provided, the current course is provided by the institution which was to have provided the original course.

(9) The conditions are—

(a)the person had received an offer of a place on a designated course (whether or not at the same institution as the current course) the first academic year of which began before 1st September 2006;

(b)the person was unable to take up the offer because a specified qualification or grade was not awarded to them;

(c)the person appealed against the decision not to award them the qualification or grade;

(d)the appeal was allowed after the last date on which they could have taken up the offer;

(e)as a result, the person was offered a place on the current course; and

(f)the first academic year of the current course began on or after 1st September 2006 but before 1st September 2007.

(10) In these Regulations—

(a)a course is a “sandwich course” if—

(i)it is not a course for the initial training of teachers or an academic year of a designated course that is an Erasmus year.

(ii)it consists of alternate periods of full-time study in an institution and periods of work experience; and

(iii)taking the course as a whole, the student attends or undertakes the periods of full-time study for an average of not less than 18 weeks in each year;

(b)in calculating the student’s periods of full-time study for the purposes of sub-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 sub-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.

(11) In these Regulations, the “specified designated course” means the current course subject to paragraphs (12) and (13).

(12) 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 the Secretary of State under section 22 of the 1998 Act, the specified designated course is the initial course.

(13) 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.

Revocation, savings and transitional provisions

3.—(1) Subject to paragraphs (2) and (3), the following regulations are revoked on 1st September 2012—

(a)the 2009 Regulations;

(b)the Education (Student Support) Regulations 2009 (Amendment) Regulations 2010(40);

(c)regulation 5 and regulations 10 to 12 of the Education (Student Fees, Awards and Support) (Amendment) Regulations 2011(41);

(d)the Education (Student Support) (Dance and Drama) Regulations 1999(42); and

(e)the Education (Student Support) (Dance and Drama) (Amendment) Regulations 2001(43).

(2) Regulation 113 and 114 of the 2009 Regulations are revoked on 1st September 2011.

(3) The 2009 Regulations continue to apply to the provision of support to students in relation to an academic year which begins on or after 1st September 2010 but before 1st September 2012.

(4) Despite any other provision in these Regulations, where a person—

(a)attends a course in respect of which a transitional award was made; or

(b)had received no award under the 1962 Act in respect of the course but a transitional award would have been bestowed had the person applied for an award under the 1962 Act and the person’s resources had not exceeded the person’s requirements,

the person 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 (5) applies the person qualifies for support by way of loan for living costs under Part 6 only if the person is an eligible student under these Regulations and if the person satisfies the qualifying conditions for an old system student in Part 6.

(5) 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 the person 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) the person begins immediately after ceasing that course, but unless paragraph (4) applies the person qualifies for fee support under Chapters 4 and 5 of Part 4 and grants for living and other costs under Part 5 only if the person is an eligible student under these Regulations and if the person satisfies the relevant qualifying conditions for an old system student in Parts 4 and 5.