Statutory Instruments
2010 No. 2546
Education, England
The Education (Student Support) Regulations 2009 (Amendment) Regulations 2010
Made
18th October 2010
Laid before Parliament
21st October 2010
Coming into force in accordance with regulation 1
The Secretary of State for Business, Innovation and Skills makes the following Regulations in exercise of the powers conferred by sections 22 and 42(6) of the Teaching and Higher Education Act 1998( 1 ):
Citation, commencement and application
1. —(1) These Regulations may be cited as the Education (Student Support) Regulations 2009 (Amendment) Regulations 2010.
(2) These Regulations come into force on the 22nd day after these Regulations are laid before Parliament.
(3) These Regulations apply in relation to England( 2 ).
Amendment of the Education (Student Support) Regulations 2009
2.The Education (Student Support) Regulations 2009( 3 ) are amended in accordance with regulations 3 to 34 and the Schedule.
3. In regulation 2(1), for the definition of ““bursary year”” substitute—
“ “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; ” .
4. In regulation 2(1), within sub-paragraph (d) of the definition of ““end-on course””, for “lower level full-time or part-time higher education course, or undertake a compressed degree course or a designated distance learning course” substitute “full-time or part-time higher education course, or to undertake a designated distance learning course mentioned in paragraph 2, 3 or 4 of Schedule 2 or a foundation degree course having achieved a qualification”.
5. In regulation 2(1) within the definition of ““Erasmus year””, for “and all the periods of study during the academic year are at an institution outside the United Kingdom” substitute—
“ and—
all the periods of study during the academic year are attended at an institution outside the United Kingdom; or
all the periods of work placement during the academic year are attended at a workplace outside the United Kingdom ” .
6. In regulation 2(1) after the definition of ““healthcare bursary””, insert—
“ “higher education bursary” means an amount paid by a local authority in England under section 23C(5A) of the Children Act 1989 ( 4 ) ; ” .
7. In regulation 2(1), for the definition of ““preliminary course””, substitute—
“ “preliminary course” means a course mentioned in paragraph 2, 3 or 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; ” .
8. In regulation 2(5)(b), after “sub-paragraph (a)” insert “is an honours degree from an institution in the United Kingdom or”.
9. In regulation 2(10)(a)(i), after “teachers” insert “or an academic year of a designated course that is an Erasmus year”.
10. In regulation 5(3)(c), for “there has been bestowed on, or paid to, A” substitute “A is eligible to apply for,”.
11. For regulation 6(1)(b)(iii), substitute—
“ (iii) a course for the initial training of teachers which—
(aa) begins before 1st September 2010; or
(bb) begins on or after 1st September 2010 where the student transfers to the current course pursuant to regulation 8 from a course for the initial training of teachers which began before 1st September 2010; ” .
12. For regulation 23(2)(b)(i), substitute—
“ (i) has completed a course mentioned in paragraph 2, 3 or 4 of Schedule 2 or overseas equivalent, or a foundation degree course or overseas equivalent, on a full-time, part-time or full-time distance learning basis having achieved a qualification; ” .
13. After regulation 39(2)(a), insert—
“ (aA) a student on a period of study or period of work placement in an Erasmus year; ” .
14. In regulation 42(2)(f), after “section 24 of that Act;” omit “and”.
15. In regulation 42(2)(g), after “the Tax Credits Act 2002” insert—
“ ; and
(h) a higher education bursary paid to the dependant ” .
16. In regulation 48(a), after “period of study” insert “or period of overseas work placement in an Erasmus year”.
17. In regulation 48(b), after “Institute” insert “or overseas workplace in an Erasmus year”.
18. In regulation 49(b), after “Institute” insert “or overseas workplace in an Erasmus year”.
19. In regulation 52, after “Institute” insert “or overseas workplace in an Erasmus year”.
20. For regulation 67(2)(c), substitute—
“ (c) the current system 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 in respect of any academic year of the course; or ” .
21. After regulation 83(2)(a), insert—
“ (aA) a student on a period of study or period of work placement in an Erasmus year; ” .
22. In regulation 87(c)(i), omit “or”.
23. In regulation 87(c)(ii), after “Institute;” insert—
“ or
(iii) attends an overseas work placement in an Erasmus year; ” .
24. In regulation 116(3)(a), for “subject to paragraph (4), there has been bestowed on, or paid to, A” substitute “A is eligible to apply for,”.
25. Regulation 116(4), 120(3) and 123(3) are omitted.
26. In regulation 122(4)(f), after “the Tax Credits Act 2002” insert “and any higher education bursary”.
27. In regulation 133(3)(a), for “there has been bestowed on, or paid to, A” substitute “A is eligible to apply for,”.
28. In regulation 139(4)(f), after “the Tax Credits Act 2002” insert “and any higher education bursary”.
29. In regulation 141(5)(c)(ii), for “the institution” substitute “the Institute”.
30. In regulation 150(4)(a), for “there has been bestowed on, or paid to, A” substitute “A is eligible to apply for,”.
31. In paragraph 1(1) of Schedule 1, within the definition of ““family member””, for (a)(ii) substitute—
“ (ii) direct descendants of the person or of the person’s spouse or civil partner who are—
(aa) under the age of 21; or
(bb) dependants of the person or the person’s spouse or civil partner; or ” .
32. After paragraph 5(3) of Schedule 4, insert—
“ (3A) In the event that sub-paragraph (3) or this sub-paragraph was applied in the previous academic year of the current course and the Secretary of State is satisfied that the residual income of A in the financial year beginning immediately before the relevant year (“the current financial year”) is likely to be not more than 85 per cent. of the sterling value of A’s residual income in the previous financial year the Secretary of State may, for the purpose of enabling the eligible student to attend the course without hardship, ascertain A’s residual income for the current financial year. ” .
33. In paragraph 5(4) to Schedule 4, after “sub-paragraph (3)” insert “and, where applicable under sub-paragraph (3A)”.
New payment rates for fee loans, grants for fees and fee contribution loans for the academic year beginning on or after 1st September 2011
34. The Schedule—
(a) applies in relation to an academic year which begins on or after 1st September 2011; and
(b) has effect to substitute the figures in the third column of the table for the figures in the second column where they appear in the regulations of the Education (Student Support) Regulations 2009 set out in the first column.
David Willetts
Minister of State for Universities and Science
Department for Business, Innovation and Skills
18th October 2010
Regulations 2 and 34
SCHEDULE NEW PAYMENT RATES FOR FEE LOANS, GRANTS FOR FEES AND FEE CONTRIBUTION LOANS
| Provision in the Education (Student Support) Regulations 2009 | Existing figure | New figure |
|---|---|---|
| Regulation 24 | ||
| 24(1)(a) | £3,290 | £3,375 |
| 24(2)(a) | £1,640 | £1,680 |
| 24(8)(a) | £3,290 | £3,375 |
| 24(8)(a) | £1,640 | £1,680 |
| 24(9)(a) | £3,290 | £3,375 |
| 24(9)(a) | £1,640 | £1,680 |
| Regulation 31 | ||
| 31(1)(a) | £1,310 | £1,345 |
| 31(2)(a) | £650 | £665 |
| 31(5)(a) | £2,345 | £2,405 |
| 31(6)(a) | £4,775 | £4,900 |
| Regulation 32 | ||
| 32(1) | £1,310 | £1,345 |
| 32(2) | £650 | £665 |
| Regulation 33 | ||
| 33(1)(a) | £1,225 | £1,255 |
| 33(2) | £3,110 | £3,190 |
| Regulation 35 | ||
| 35(2)(a) | £1,310 | £1,345 |
| 35(2)(a) | £650 | £665 |
| Regulation 99 | ||
| 99(5) | £1,310 | £1,345 |
1998 c. 30 ; section 22 was amended by the Learning and Skills Act 2000 (c. 21) , section 146 and Schedule 11; the Income Tax (Earnings and Pensions) Act 2003 (c. 1) , Schedule 6; the Finance Act 2003 (c. 14) , section 147; the Higher Education Act 2004 (c. 8) , sections 42, 43 and Schedule 7 and the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22) , section 257(1) and (2). See section 43(1) of the 1998 Act for the definition of “prescribed” and “regulations”.
In relation to Wales, the functions of the Secretary of State under section 22 of the Teaching and Higher Education Act 1998 were transferred to the Welsh Ministers under section 44 of the Higher Education Act 2004 except so far as they relate to the making of any provision authorised by subsection (2)(a), (c), (j) or (k), (3)(e) or (f) or (5) of section 22.
1989 c. 41 ; Section 23C(5A) of the Children Act 1989 was inserted by section 21(2) of the Children and Young Persons Act 2008 (c.23) and was commenced by the Children and Young Persons Act 2008 (Commencement No.2) (England) Order 2009 ( S.I.2009/2273 ).