PART 4E+WFEE [F1LOANS]

CHAPTER 1E+WGENERAL

Previous courseE+W

12.—(1) Subject to the exceptions in paragraphs (4) to (7), a “previous course” is—

(a)where the current course began before 1st September 2009, any full-time higher education course, a course for the initial training of teachers or a course designated under regulation 5(10), which the student attended or, in the case of [F2an intensive course] or [F3a full-time] distance learning course, undertook before the current course and which meets [F4any] of the conditions in paragraph (2);

(b)where the current course begins on or after 1st September 2009—

(i)a lower level qualification achieved following a full-time or part-time higher education course, a course for the initial training of teachers or a course designated under regulation 5(10), which the student attended or, in the case of [F2an intensive course] or a F5... distance learning course, undertook before the current course;

(ii)a full-time higher education course, a course for the initial training of teachers or a course designated under regulation 5(10), which the student attended, or in the case of [F2an intensive course] or a [F6full-time] distance learning course, undertook before the current course where the student studied but did not achieve a qualification and which meets [F7any] of the conditions in paragraph (3); or

(iii)a full-time higher education course, a course for the initial training of teachers or a course designated under regulation 5(10), which the student attended or, in the case of [F2an intensive course] or [F8a full-time] distance learning course, undertook before the current course where—

(aa)the course meets [F9any] of the conditions in paragraph (2); and

[F10(bb)the student’s status as an eligible student has been transferred or converted under these Regulations to the current course from a course which began before 1st September 2009.]

(2) The conditions are—

[F11(a)the course was provided by an institution which was a registered provider in England or by a publicly funded institution in the United Kingdom for some or all of the academic years during which the student attended or undertook the course;

(aa)the course was provided by an accredited institution which was an unregistered provider for some or all of the academic years during which the student attended or undertook the course; or]

(b)any scholarship, exhibition, bursary, grant, allowance or [F12statutory award] which was paid in respect of the student's attending or, in the case of [F2an intensive course] or a F13... distance learning course, undertaking the course to defray fees was from public funds or funds attributable to public funds.

(3) The conditions are—

(a)the course was provided at [F14a registered provider or] a publicly funded institution whether or not in the United Kingdom [F15or a regulated institution] for some or all of the academic years during which the student attended or undertook the course; F16...

[F17(aa)the course was provided by an accredited institution which was an unregistered provider for some or all of the academic years during which the student attended or undertook the course; or]

(b)any scholarship, exhibition, bursary, grant, allowance or [F18statutory award] which was paid in respect of the student's attending or, in the case of [F2an intensive course] or a [F19full-time] distance learning course, undertaking the course to defray fees was from public funds or funds attributable to public funds.

(4) A course which would otherwise be a previous course will not be treated as such if—

(a)the current course is a course for the initial training of teachers;

(b)the duration of the current course does not exceed two years F20... ; and

(c)the student is not a qualified teacher.

[F21(4ZA) Paragraph (4) 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.]

[F22(4A) A course which would otherwise be a previous course is not F23... [F24to be] treated as such if the current course—

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

[F25(b)leads to—

(i)an ordinary degree or an honours degree;

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

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

(c)begins on or after 1st August 2017 F26.... [F27or, in the case of a course in a dental profession subject, begins on or after 1st August 2018]]

(4B) [F28A course which would otherwise be a previous course is not to be treated as such if the current course is a postgraduate pre-registration course which begins on or after 1st August 2018.]

(5) A course which would otherwise be a previous course will not be treated as such if the current course is a graduate entry accelerated programme.

(6) A course for the Certificate in Education which would otherwise be a previous course will not be treated as such if—

(a)the current course is a course for the degree (including an honours degree) of Bachelor of Education; and

(b)the student transferred to the current course from the course for the Certificate in Education before the completion of that course or began the current course on completion of the course for the Certificate in Education.

(7) A course for the degree (other than an honours degree) of Bachelor of Education will not be treated as a previous course if—

(a)the current course is a course for the honours degree of Bachelor of Education; and

(b)the student transferred to the current course from the course for the degree (other than an honours degree) of Bachelor of Education before the completion of that course or began the current course on completion of the course for the degree (other than an honours degree) of Bachelor of Education.

(8) Subject to paragraphs (9), (10) and (11), for the purpose of determining PC in the [F29formula in regulation 21] —

(a)each academic year that the student completed on a previous course is counted; and

(b)an academic year of a previous course that the student began or ceased to attend part of the way through the year is counted as one academic year on a previous course.

(9) For the purpose of determining PC in the [F30formula in regulation 21] where the student began the current course before 1st September 2009, an academic year of a previous course is not to be counted as a year spent on a previous course if—

(a)the student did not qualify for [F31a fee loan] for that year other than because the academic year was a bursary year or an Erasmus year; and

(b)the student qualified for [F32a fee loan] for some but not all of the other academic years of that previous course.

(10) For the purpose of determining PC in the [F33formula in regulation 21], an academic year of a previous course is not to be counted as a year spent on a previous course if it was a year of repeat study that the student was taking for compelling personal reasons or a year in relation to which the student qualified for [F34a fee loan] because the student had failed to complete a previous course for compelling personal reasons.

(11) For the purpose of determining PC in the [F35formula in regulation 21], where a student (“A”) transfers from an academic year of one designated course to an academic year of another designated course before the Secretary of State considers that A has completed the year from which A is transferring, the time spent by A during the academic year in which the transfer takes place on the course from which A is transferring is not counted as a year spent on a previous course.

(12) A student (“A”) who undertook a previous course but was not in attendance because A was unable to attend for a reason which related to A's disability is only F36... [F37to be] treated as having been in attendance on the previous course in respect of periods of study beginning on or after 1st September 2006.

MiscellaneousE+W

13.—(1) Subject to paragraphs (2) to (4), an eligible student does not qualify for [F38a fee loan] under this Part if—

(a)the student has an honours degree from an institution in the United Kingdom, where—

(i)the current course began before 1st September 2009; or

(ii)the current course begins on or after 1st September 2009 where the student transfers to the current course pursuant to regulation 7 from a course which began before 1st September 2009; or

(b)the current course leads to an equivalent or lower qualification, where the student begins the course on or after 1st September 2009.

(2) Paragraph (1) does not apply where—

(a)the current course is a course for the initial training of teachers;

(b)the duration of the current course does not exceed two years F39... ; and

(c)the student is not a qualified teacher.

[F40(2ZA) Paragraph (2) 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.]

[F41(2A) Paragraph (1) does not apply where the current course—

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

[F42(b)leads to—

(i)an ordinary degree or an honours degree;

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

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

(c)begins on or after 1st August 2017 F43.... [F44or, in the case of a course in a dental profession subject, begins on or after 1st August 2018]]

(2B) [F45Paragraph (1) does not apply where the current course is a postgraduate pre-registration course which begins on or after 1st August 2018.]

(3) Paragraph (1) does not apply where the current course is a graduate entry accelerated programme.

[F46(3A) Paragraph (1) does not apply to a current system student 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 a fee loan under Chapter 3 of this Part in respect of [F47—

(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].]

(4) Where the current course is considered to be a single course because of regulation 5(8) and (9) and it leads to a honours degree from an institution in the United Kingdom being conferred on the eligible student before the final degree or equivalent qualification, the eligible student is not prevented from qualifying for [F48a fee loan] under this Part in respect of any part of the single course by virtue of having that honours degree.

(5) Where an institution allows an eligible student to study the content of one standard academic year of the designated course over two or more academic years, for the purpose of determining whether the student qualifies for [F49a fee loan] for those years, the last of such years of study is to be treated as a standard academic year and the preceding years of that kind are to be treated as years of repeat study other than for compelling personal reasons.

(6) Where the eligible student is undertaking a designated course which is a distance learning course, the student does not qualify for support in respect of that course unless the Secretary of State considers that the student is undertaking the course in England [F50on the first day of the first academic year].

[F51(6A) For the purposes of paragraph (6), 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.]

[F52(7) A student qualifying for support in respect of a distance learning course will no longer qualify for support in respect of that course if the Secretary of State considers that the student is undertaking the course outside the United Kingdom.]

[F53(8) Paragraphs (6) and (7) 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.]