[F1PART 11AE+WFee [F2Loans] and allowances for designated part-time courses

Interpretation of Part 11AE+W

140A.—F3(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In this Part, the intensity of study is calculated as follows and expressed as a percentage—

(3) In paragraph (2)—

(a)the reference to the period ordinarily required to complete the full-time equivalent means—

(i)where the course is provided by or on behalf of the Open University, the period that a standard full-time student would require to complete the full-time equivalent if that student were awarded 120 credit points in each academic year;

(ii)where the course is provided by or on behalf of any other institution, the period in which a standard full-time student would complete the full-time equivalent;

(b)“standard full-time student” is a student who is to be taken—

(i)to have begun the full-time equivalent course on the same date as the eligible part-time student began the part-time course in question;

(ii)not to have been excused any part of the full-time equivalent course;

(iii)not to have repeated any part of the full-time equivalent course; and

(iv)not to be absent from the full-time equivalent course other than during vacations.

Availability of support to prisonersE+W

140B.  An eligible part-time student who is a prisoner qualifies for support under this Part only—

(a)if the student is an eligible prisoner; or

(b)in respect of an academic year during which the student enters prison or is released from prison.

Assistance for part-time courses in respect of courses beginning before 1st September 2012E+W

F4141.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amount of assistance in respect of courses beginning before 1st September 2012E+W

F4142.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation of regulation 142E+W

F4143.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Fee [F5loans] for designated part-time courses beginning on or after 1st September 2012E+W

144.—(1) An eligible part-time student (“A”) qualifies for a fee loan in respect of the fees payable by A in connection with A's undertaking a designated part-time course beginning on or after 1st September 2012.

(2) A part-time student does not qualify for a fee loan if the intensity of study during the academic year for which support is claimed is less than 25%[F6of an equivalent full-time course].

[F7(3) An eligible part-time student qualifies for a fee loan under paragraph (1) if the Secretary of State considers that—

(a)the student is attending the course in the United Kingdom, or

(b)where the course is a part-time distance learning course, the student is undertaking the course in England on the first day of the first academic year.]

[F8(3ZA) For the purposes of paragraph (3)(b), a person (“A”) is to be treated as being ordinarily resident in England for any period during which A would have been so resident but for the fact that—

(a)A,

(b)A’s spouse or civil partner,

(c)A’s parent, or

(d)in the case of a dependent direct relative in the ascending line, A’s child or child’s spouse or civil partner,

is or was temporarily employed in Wales, Scotland or Northern Ireland as a member of the regular naval, military or air forces of the Crown.]

[F9(3A) A student qualifying for a fee loan in respect of a part-time distance learning course under paragraph (3) will no longer qualify for a fee loan in respect of that course if the Secretary of State considers that the student is undertaking the course outside the United Kingdom.]

[F10(3B) Paragraphs (3)(b) and (3A) do not apply to a person who is treated as being ordinarily resident in the United Kingdom by virtue of paragraph 1(4) of Schedule 1 on the basis of temporary employment falling within paragraph 1(5)(a) of that Schedule.]

(4) [F11Subject to [F12paragraphs (6) to (12)]] an eligible part-time student does not qualify for support under this regulation if the current part-time course leads to an equivalent or lower qualification.

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

(a)the student has undertaken one or more part-time courses for sixteen academic years in aggregate; and

(b)the student was eligible to apply for a fee loan under this regulation or a loan or grant of the kind described in [F13paragraph (5A)] in respect of each of those academic years.

[F14(5A) 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 the Economy pursuant to regulations made under Articles 3 and 8(4) of the Education (Student Support) (Northern Ireland) Order 1998; or

(c)a loan in respect of an academic year of a part-time course made pursuant to regulations made under sections 73(f), 73B and 74(1) of the Education (Scotland) Act 1980.]

(6) [F15Paragraph (4) does not apply]if—

(a)the current part-time course is a course for the initial training of teachers F16...;

(b)the duration of the current course does not exceed four years; and

(c)the student is not a qualified teacher.

[F17(6A) Paragraph (6) does not apply where—

(a)the current course is a course for the initial training of teachers in further education which has content equivalent to a Diploma in Education and Training, a Professional Graduate Certificate in Education or a Postgraduate Certificate in Education; and

(b)the student already holds qualified teacher learning and skills status.]

[F18(7) Paragraph (4) does not apply if—

(a)the current part-time course—

(i)is a course in [F19engineering and technology or computing] (or a combination of those subjects);

(ii)leads to an honours degree; and

(b)the student begins the current part-time course on or after 1st August 2015.

[F20(7A) Paragraph (4) does not apply if—

(a)the current part-time course—

[F21(i)is a course in agriculture, food and related studies, biological and sport sciences, F22... [F23geography, earth] and environmental studies, mathematical sciences, medicine and dentistry, physical sciences, psychology, subjects allied to medicine or veterinary sciences (or a combination of those subjects);]

(ii)leads to an honours degree; and

(b)the student begins the current part-time course on or after 1st August 2017.

(7B) Paragraph (4) does not apply if—

(a)the current part-time course—

(i)is a pre-registration course in an allied health profession subject, midwifery, nursing, nursing and social work or operating department practice;

[F24(ii)leads to—

(aa)an ordinary degree or an honours degree;

(bb)in respect of a course in a dental profession subject, an ordinary degree, an honours degree, a diploma or a foundation degree; or

(cc)in respect of a course in operating department practice, an ordinary degree, an honours degree or a diploma;]

(b)the student begins the current part-time course on or after 1st August 2017F25....[F26or, in the case of a course in a dental profession subject, begins on or after 1st August 2018]]

(8) Paragraph (4) does not apply where the Secretary of State determines that the following conditions are satisfied—

(a)the student has provided all information required by the Secretary of State in relation to qualifications held by the student;

(b)that information is accurate; and

(c)the Secretary of State has provided written notification that the student qualifies for support under this regulation in respect of [F27—

(i)the first academic year of the current course, where the determination by the Secretary of State is made before the first day of the first academic year of the current course;

(ii)the academic year of the current course during which the determination by the Secretary of State is made; or

(iii)an academic year of the current course in respect of which the determination of the Secretary of State is made, which the student has completed before the making of that determination].

(9) Where paragraph (8) applies, the student qualifies for support under this regulation in accordance with paragraphs (10) to[F28(12A)].

(10) If the Secretary of State makes the determination before the first day of the first academic year of the current part-time course then the student qualifies for support under this regulation in respect of the first academic year of the current part-time course.

(11) If the Secretary of State makes the determination on or after the first day of the first academic year of the current part-time course then the student qualifies for support under this regulation in respect of—

(a)the academic year of the current part-time course during which the Secretary of State makes the determination; and

(b)an academic year of the current part-time course which the student has completed prior to the Secretary of State making the determination.

[F29(12) Paragraphs (10) and (11) do not apply if the Secretary of State considers that there are exceptional circumstances.]]

[F30(12A) Where the Secretary of State considers that there are exceptional circumstances, the Secretary of State may determine that the student should qualify for support under this regulation in respect of one or more academic years of the current part-time course, as appropriate, whether or not the student has completed those academic years prior to the Secretary of State making the determination.]

Amount of the fee loan - courses beginning on or after 1st September 2012E+W

145.—(1) The amount of a fee loan in respect of an academic year of a designated part-time course must not exceed the lesser of—

(a)the fees payable by the student in connection with that year; and

(b)the maximum amount.

(2) For the purposes of this regulation, the “maximum amount” means-

(a)[F31£6,935] where the current part-time course is provided by or on behalf of [F32an approved (fee cap) provider or] a publicly funded institution [F33or the current part-time course is a course for the initial training of teachers provided by an accredited institution which is an unregistered provider];

[F34(b)£4,500, where the current part-time course is provided by

[F35(i)an approved provider in England (other than on behalf of an approved (fee cap) provider or a publicly funded institution);

(ii)an unregistered provider or a private institution on behalf of an approved provider;

(iii)an unregistered provider in England (other than on behalf of an approved or an approved (fee cap) provider) where the course began before 1st August 2019; or

(iv)a private institution in Scotland, Northern Ireland or Wales (other than on behalf of an approved (fee cap) provider or a publicly funded institution);

and the provider of the course does not have a high level quality rating in a case specified in paragraph (i), (ii) or (iv), or did not have a high level quality rating in the academic year starting before 1st August 2019 in a case specified in paragraph (iii)]];

[F36(c)£4,625, where the current part-time course is provided by

[F37(i)an approved provider in England (other than on behalf of an approved (fee cap) provider or a publicly funded institution);

(ii)an unregistered provider or a private institution on behalf of an approved provider;

(iii)an unregistered provider in England (other than on behalf of an approved or an approved (fee cap) provider) where the course began before 1st August 2019; or

(iv)a private institution in Scotland, Northern Ireland or Wales (other than on behalf of an approved (fee cap) provider or a publicly funded institution);

and the provider of the course has a high level quality rating in a case specified in paragraph (i), (ii) or (iv), or had a high level quality rating in the academic year starting before 1st August 2019 in a case specified in paragraph (iii)]].

(3) If a student's status as an eligible part-time student is transferred from one designated part-time course to another under regulation [F38139A] and the circumstances in paragraph (4) 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 that student transfers.

(4) The circumstances are—

(a)the fees payable in respect of the academic year of the course to which the 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 student transfers does not begin on a later date than the academic year of the course from which the student is transferring.

(5) If a student's status as an eligible part-time student is transferred from one designated part-time course to another under these Regulations and the circumstances in paragraph (6) 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 the student transfers.

(6) 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 that student is transferring.

(7) Where paragraph (3) applies, the maximum additional amount that the student may borrow in respect of the academic year to which that student transfers, provided that the student qualifies for a fee loan in respect of that year, is determined by deducting the amount of any fee loan the student has taken out under these Regulations in respect of the academic year from which the student is transferring from the lesser of—

(a)the amount specified in paragraph (2) applicable in the student's case; and

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

(8) Where paragraph (5) applies, the maximum amount of fee loan that a student may borrow in respect of the academic year to which that student transfers provided that the student qualifies for a fee loan in respect of that year is the lesser of—

(a)the amount specified in paragraph (2) applicable in the student's case; and

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

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

(10) If a student's status as an eligible part-time student is transferred from one course to another under regulation [F39139A] and the circumstances in paragraph (11) apply, the student may apply to the Secretary of State to reduce the amount of fee loan borrowed in respect of the remainder of the academic year.

(11) The circumstances are—

(a)the fees payable in respect of the academic year of the course to which the eligible part-time student transfers are lower than the fees payable in respect of the academic year of the course from which the student is transferring;

(b)the academic year of the course to which the eligible part-time student transfers does not begin on a later date than the academic year of the course from which the student is transferring.

(12) For the purposes of paragraph (11), the “remainder of the academic year” means the period of the academic year in respect of which the academic authority has not made a request to the Secretary of State for payment of the fee loan or fee loan instalment.

(13) A student may apply to the Secretary of State to reduce the amount of fee loan for which the student has applied in respect of a period of the academic year for which the academic authority has not made a request to the Secretary of State for payment of the fee loan or fee loan instalment under regulation 155.

Assistance with fees in respect of attendance on a course in Wales, Northern Ireland or ScotlandE+W

F40146.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disabled part-time students' allowanceE+W

147.—[F41(1) A student qualifies for a grant under this regulation if the student—

(a)is an eligible part-time student; and

(b)has a disability.]

(2) An eligible part-time student does not qualify for the grant under this regulation—

[F42(a)if the only paragraph or paragraphs in Part 2 of Schedule 1 into which the student falls is one or more of [F43paragraphs 2A, 3(1)(d)(ii), 6A(1)(c)(ii), 7A(1)(b)(ii), 9, 9A, 9BA, 9BB, 9C, 9D, 10, 10ZA, 11A(c)(ii) and 12A(d)(ii).]

(b)unless the Secretary of State considers that the student is undertaking the designated part-time course in the United Kingdom; or

(c)subject to [F44paragraph (3)], where the student is a prisoner.

[F45(2A) Paragraph (2)(b) does not apply to a person who is treated as being ordinarily resident in the United Kingdom by virtue of paragraph 1(4) of Schedule 1 on the basis of temporary employment falling within paragraph 1(5)(a) of that Schedule.]

(3) Paragraph (2)(c) does not apply in respect of an academic year during which the student enters prison or is released from prison.

(4) Where the current part-time course begins on or after 1st September 2012, an eligible part-time student does not qualify for grant under this regulation if the intensity of study during the academic year for which support is claimed is less than 25% [F46of an equivalent full-time course].

[F47(4A) The Secretary of State is authorised to pay a grant under this regulation to an eligible part-time student (“A”) who qualifies for that grant for the purpose of assisting with the additional expenditure which A is obliged to incur by reason of A’s disability in respect of undertaking a designated part-time course.]

[F48(4B) The expenditure for which the grant may be paid includes, in particular—

(a)expenditure on a non-medical personal helper;

(b)expenditure on major items of specialist equipment;

(c)travel expenditure.]

(5) Subject to the following paragraphs, the amount of grant under this regulation is the amount that the Secretary of State considers appropriate in accordance with the student's circumstances.

[F49(5A) Subject to paragraph (6), the amount of the grant under this regulation in respect of additional expenditure on a computer must not exceed an amount equal to the additional expenditure incurred less £200.]

[F50(6) The amount of the grant under this regulation in respect of an academic year—

(a)for expenditure other than travel expenditure, must not exceed [F51£25,575];

(b)for travel expenditure, must not exceed an amount equal to that expenditure.]

[F52(7) Subject to paragraph (8), the grant under this regulation is payable in respect of the four quarters of the academic year F53....

(8) Where one of the events listed in regulation 138(4)(a), (b). F54... (f), (g), (h) [F55, (i), (j), (k), (l) [F56, (m) [F57, (n), (o) or (p)]]] occurs in the course of an academic year, a student may qualify for the grant under this regulation [F58in respect of—

(a)the quarter in which the relevant event occurs, and

(b)if relevant, such quarters as begin after the relevant event occurs.]]]

Applications for supportE+W

148.—(1) A person (the “applicant”) must apply for support [F59under this Part] in connection with each academic year of a designated part-time course by completing and submitting to the Secretary of State an application in such form as the Secretary of State may require.

[F60(2) The application must be accompanied by such documentation as the Secretary of State may require.]

(3) The Secretary of State may take such steps and make such inquiries as the Secretary of State considers necessary to determine whether the applicant is an eligible part-time student, whether the applicant qualifies for support and the amount of support payable, if any.

(4) The Secretary of State must notify the applicant of whether the applicant qualifies for support and, if the applicant does qualify, the amount of support payable in respect of the academic year, if any.

(5) The general rule 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.

(6) The general rule does not apply where—

(a)one of the events listed in paragraph [F61(4)] of regulation 138 occurs after the first day of the academic year in respect of which the applicant is applying for support, in which case the application must reach the Secretary of State within a period of nine months beginning with the day on which the relevant event occurred;

(b)the applicant is applying for the disabled part-time students' allowance, in which case the application must reach the Secretary of State as soon as is reasonably practicable; or

(c)the Secretary of State considers that having regard to the circumstances of the particular case the time limit should be relaxed, in which case the application must reach the Secretary of State not later than such date as the Secretary of State specifies;

(d)the applicant is applying to borrow an additional amount of fee loan, in which case the application must reach the Secretary of State not later than one month before the end of the academic year to which the application relates.

Declarations provided by academic authoritiesE+W

149.—(1) Subject to paragraph (2), the academic authority must complete a declaration in such form as may be required by the Secretary of State.

(2) An academic authority is not required to complete a declaration if it is unable to give the confirmation required.

F62(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F63(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F64(5) In this Part, “declaration” F65... means a statement that—

(a)provides the course information; and

(b)confirms that the applicant has undertaken at least two weeks of the designated part-time course in respect of which the applicant is applying for support [F66under this Part].]

(6) In this regulation, “course information” means—

(a)the amount of fees being charged in respect of the academic year in respect of which the applicant is applying for support;

(b)F67... the intensity of study;

(c)certification by the academic authority that it considers—

(i)the course to be a designated part-time course;

(ii)that it will be possible for the applicant to complete the course within the period specified in regulation 139(1)(c).

(7) F68... The “intensity of study” in paragraph (6)(b) means confirmation by the academic authority that the intensity of study during the academic year for which support is claimed is not less than 25%[F69of an equivalent full-time course].

(8) For the purposes of paragraph (6)(c)(ii), the academic authority must have regard to—

(a)any increase in intensity of study that would be required for the applicant to complete the course within the period specified in regulation 139(1)(c);

(b)any parts of the course which the applicant has been required to repeat.

InformationE+W

150.  Schedule 3 deals with the provision of information.

Transfer of statusE+W

F70151.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conversion of statusE+W

F71152.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Payment of [F72disabled part-time students’ allowances] E+W

153.—(1) Payments of F73... the disabled part-time students' allowance may be made in such manner as the Secretary of State considers appropriate and the Secretary of State may make it a condition of entitlement to payment that the eligible part-time student must provide the Secretary of State with particulars of a bank or building society account in the United Kingdom into which payments may be made by electronic transfer.

(2) Where the Secretary of State cannot make a final assessment on the basis of the information provided by the student, the Secretary of State may make a provisional assessment and payment of F74... the disabled part-time students' allowance.

(3) The Secretary of State may pay F75... the disabled part-time students' allowance in instalments.

(4) Subject to paragraph (5), the Secretary of State may pay F76... the disabled part-time students' allowance at such times as the Secretary of State considers appropriate.

(5) The Secretary of State must not pay the first instalment or, where it has been determined not to pay support in instalments, make any payment of F77... the disabled part-time students' allowance before the Secretary of State has received a declaration under regulation 149 unless an exception applies.

(6) An exception applies if—

(a)a disabled part-time students' allowance is payable in which case that particular grant may be paid before the Secretary of State has received a declaration;

(b)the Secretary of State has determined that owing to exceptional circumstances it would be appropriate to make a payment without receiving a declaration.

Payment of grants for feesE+W

F78154.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Payment of loans for feesE+W

155.—(1) The Secretary of State must pay the fee loan for which an eligible part-time student qualifies to an institution to which the student is liable to make payment.

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

(3) The Secretary of State must not pay the fee loan or [F79any] instalment of the fee loan before the Secretary of State has received from the academic authority—

(a)a request for payment; F80...

(b)a declaration under regulation 149 [F81; and]

[F82(c)confirmation (in such form as may be required by the Secretary of State) of the eligible part-time student’s attendance on the course for the period to which the instalment relates].

[F83(3A) For a student beginning the current course on or after 1st August 2016, the academic authority must not complete a declaration under regulation 149—

(a)in the case of an institution with degree awarding powers pursuant to section 76 of the Further and Higher Education Act 1992 [F84or sections 42 to 49 of the 2017 Act], until the student is registered on the course at the institution;

(b)in the case of a course validated by an institution with degree awarding powers pursuant to section 76 of the Further and Higher Education Act 1992 [F85or sections 42 to 49 of the 2017 Act], until the validating institution has been notified by the institution teaching the student that the student is studying on the course covered by the validation agreement; or

(c)where neither sub-paragraph (a) or (b) applies, until the student has been registered with the relevant awarding body.]

(4) The academic authority must inform the Secretary of State when a student ceases to attend or undertake the designated part-time course during the academic year.

(5) No payment of fee loan or instalment of fee loan can be made in respect of a designated part time course once the academic authority has informed the Secretary of State that the student has ceased to attend or undertake the course during the academic year.

Overpayments [F86of disabled part-time students’ allowances] E+W

156.—F87(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) [F88A] part-time student must, if so required by the Secretary of State, repay any amount paid to the student under this Part which for whatever reason exceeds the amount of [F89disabled part-time students’ allowance to which the student is entitled.]

(3) The Secretary of State must recover an overpayment of F90... disabled part-time students' allowance unless the Secretary of State considers that it is not appropriate to do so.

(4) The methods of recovery are—

(a)subtracting the overpayment from any kind of grant [F91or loan] payable to the student from time to time pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act;

(b)taking such other action for the recovery of an overpayment as is available to the Secretary of State.

(5) A payment of the disabled part-time students' allowance 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.

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

(7) In the circumstances set out in paragraph (8) or (9), there is an overpayment of the disabled part-time students' allowance unless the Secretary of State decides otherwise.

(8) The circumstances are—

(a)the Secretary of State applies all or part of the disabled part-time students' allowance to the purchase of specialist equipment on behalf of the F92... part-time student;

(b)the student's period of eligibility terminates after the relevant date; and

(c)the equipment has not been delivered to the student before the period of eligibility terminated.

(9) The circumstances are—

(a)the F93... part-time student's period of eligibility terminates after the relevant date; and

(b)a payment of the disabled part-time students' allowance in respect of specialist equipment is made to the student after the period of eligibility terminated.

(10) Where there is an overpayment of the disabled part-time 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 the Secretary of State considers it is appropriate to do so.

Overpayments of [F94fee loans] E+W

157.—(1) Any overpayment of [F95a fee loan] is recoverable by the Secretary of State from—

(a)the academic authority; or

(b)the student in respect of whom the payment of [F95a fee loan] was made.

[F96(1A) A student must, if so required by the Secretary of State, repay any amount of [F97a fee loan] paid in respect of the student which for whatever reason exceeds the amount of [F95a fee loan] to which the student is entitled.]

[F98(1B) An academic authority must, if so required by the Secretary of State, repay any amount of a fee loan paid to the academic authority in respect of a student which for whatever reason exceeds the amount of a fee loan to which the student is entitled.]

(2) An overpayment of a fee loan may be recovered from a student under paragraph (1)(b) in whichever one or more of the following ways the Secretary of State considers appropriate in all the circumstances—

(a)by subtracting the overpayment from any amount of the fee loan which remains to be paid;

[F99(aa)by subtracting the overpayment from any kind of grant or loan payable to the student from time to time pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act.]

(b)by requiring the student to repay the fee loan in accordance with regulations made under section 22 of the 1998 Act;

(c)by taking such other action for the recovery of an overpayment as is available to the Secretary of State.]