PART 1 GENERAL

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 .

(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 : general

2. —(1) In these Regulations—

“ the 1962 Act ” means the Education Act 1962 ;

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

“the 2017 Act” means the Higher Education and Research Act 2017;

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

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

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

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

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

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

“ the 2004 Regulations ” means the 2003 Regulations as amended by the Education (Student Support) (No. 2) Regulations 2002 (Amendment) Regulations 2004 , the Education (Student Support) (No. 2) Regulations 2002 (Amendment) (No. 2) Regulations 2004 , the Education (Student Support) (No. 2) Regulations 2002 (Amendment) (No. 3) Regulations 2004 , the Education (Student Support) (No. 2) Regulations 2002 (Amendment) (No. 4) Regulations 2004 , the Education (Student Support) (No. 2) Regulations 2002 (Amendment) Regulations 2005 , the Education (Student Support) (Amendment) Regulations 2005 and the Education (Student Support) (Amendment) (No. 2) Regulations 2005 ;

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

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

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

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

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

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

“the 2020 Citizens’ Rights Regulations” means the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020;

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“ 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—

“2016 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 relate;

“accelerated course” means—

“accredited institution” means an institution accredited by the Secretary of State under regulation 11 of the Education (School Teachers’ Qualifications) (England) Regulations 2003;

“allied health profession subject” means chiropody, dental profession subject, dietetics, dietetics and nutrition, occupational therapy, orthoptics, orthotics and prosthetics, physiotherapy, podiatry, radiography, radiotherapy, and speech and language therapy;

“ approved HTQ ” means an approved technical education qualification (within the meaning of Chapter A1 of Part 1 of the Apprenticeships, Skills, Learning and Children Act 2009(see section A12(1) of that Act)) which is—

“approved provider” and “approved (fee cap) provider” mean English higher education providers registered in the approved and approved (fee cap) parts of the register respectively;

“authority-funded” means—

“ 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—

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“ compressed degree course ” means a course which begins before 1st August 2019 and which is 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 designation event ” has the meaning given in regulation 2A(5);

“ course for the initial training of teachers ” has the meaning given in paragraph (1ZA);

“ the course start date ” means the day on which the first term of the first academic year of a course actually begins;

“ current course ” means the designated course in respect of which a person is applying for support;

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“ 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—

“dental profession subject” means dental hygiene, dental therapy and dental hygiene and dental therapy;

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

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“ 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 on the rights of citizens of the Union and their family members to move and reside freely in the territory of the Member States;

“disability” has the meaning given in section 6 of the Equality Act 2010;

“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—

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“ 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—

“English higher education provider” has the meaning given by section 83(1) of the 2017 Act;

“ 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 where a student is participating in the action scheme of the EU for the mobility of university students known as ERASMUS or in the scheme established by the Secretary of State for Education known as the Turing scheme, the student’s course is a course referred to in regulation 5(1)(d) or 139(1)(d) and―

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

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“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 85(2) of the 2017 Act ...;

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“ 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;

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“ graduate entry accelerated programme ” means a course—

“graduate entry veterinary course” 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—

“healthcare tuition payment” means a payment for tuition in connection with the NHS Bursary Scheme in England, established pursuant to section 63 of the Health Services and Public Health Act 1968, in respect of a course beginning on or after 1st August 2017, except where that course leads to qualification as a medical doctor or dentist;

“high level quality rating” has the meaning given by paragraph 2(3) of Schedule 2 to the 2017 Act;

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

“ 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 , and, for the purposes of Part 11B, has the meaning given in Schedule 6 ;

“ immigration rules ” has the meaning given in section 33(1) of the Immigration Act 1971;

“ information ” includes documents;

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

“institution” in relation to England includes an English higher education provider;

“ intensive course ” means an accelerated course or a compressed degree course;

“ in-year qualifying event ” has the meaning given in regulation 2A(2);

“ 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;

“non-regulated institution” means an institution in Wales that does not have a fee and access plan in force approved by the Higher Education Funding Council for Wales under section 7 of the Higher Education (Wales) Act 2015;

“Northern Irish designated full-time course” has the meaning given in paragraph (14);

“Northern Irish designated part-time course” has the meaning given in paragraph (14);

“Northern Irish designated postgraduate course” has the meaning given in paragraph (14);

“OfS” means the Office for Students, as established by section 1(1) of the 2017 Act;

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“ ordinary duration ” means ... the number of academic years that a standard student would take to complete the ... course excluding any academic years of the course that are —

“ part-time course designation event ” has the meaning given in regulation 2A(6);

“ period of eligibility ” has the meaning given respectively in regulation 6 in relation to an eligible 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 Calais leave” means a person who—

“ person granted humanitarian protection ” means a person—

“person granted indefinite leave to remain as a bereaved partner” means a person—

“person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse” means a person—

“ person granted leave under one of the Afghan Schemes ” means a person granted leave under the Afghan Citizens Resettlement Scheme or a person granted leave under the Afghan Relocations and Assistance Policy Scheme;

“ person granted leave under one of the Ukraine Schemes ” means a person granted leave under the Homes for Ukraine Sponsorship Scheme, a person granted leave under the Ukraine Extension Scheme , a person granted leave under the Ukraine Permission Extension Scheme or a person granted leave under the Ukraine Family Scheme;

“ person granted leave under the Afghan Citizens Resettlement Scheme ” means a person—

“ person granted leave under the Afghan Relocations and Assistance Policy Scheme ” means a person—

“ person granted leave under the Homes for Ukraine Sponsorship Scheme ” means a person—

“ person granted leave under the Ukraine Extension Scheme ” means a person—

“ person granted leave under the Ukraine Family Scheme ” means a person—

“ person granted leave under the Ukraine Permission Extension Scheme ” means a person—

“person granted section 67 leave” means a person who—

“person granted stateless leave” means a person who—

“person with protected rights” means—

“ postgraduate course designation event ” has the meaning given in regulation 2A(7);

“postgraduate pre-registration course” means an education and training programme leading to a graduate master’s degree or a postgraduate diploma which is a condition of inclusion in the register (or, as the case may be, the relevant part or parts of the register) maintained by—

“ preliminary course ” means—

“pre-registration course” means an education and training programme leading to a qualification, the standard of which is not higher than a first degree course, which is a condition of inclusion in the register (or, as the case may be, the relevant part or parts of the register) maintained by—

“ 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;

“ protected category event ” has the meaning given in regulation 2A(3);

“ 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 but for courses beginning on or after 1st September 2012 does not include a person who—

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“ 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—

“ recognised initial further education teacher training course ” means a course included in the list maintained by the Secretary of State in accordance with regulation 2B;

“ 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 as extended by the Protocol thereto which entered into force on 4th October 1967 ;

“register” means the register established and maintained by the OfS under section 3 of the 2017 Act;

“registered provider” means an English higher education provider which is registered in the register and “unregistered provider” is to be construed accordingly;

“regulated institution” means an institution that has a fee and access plan in force approved by the Higher Education Funding Council for Wales under section 7 of the Higher Education (Wales) Act 2015;

“relevant period”, unless otherwise indicated, has the meaning given by regulation 4 of the 2020 Citizens’ Rights Regulations;

“relevant person of Northern Ireland” has the meaning given by residence scheme immigration rules;

“residence scheme immigration rules” has the meaning given by section 17(1) of the European Union (Withdrawal Agreement) Act 2020;

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“ sandwich course ” has the meaning given in paragraph (10);

“Scottish designated full-time course” has the meaning given in paragraph (14);

“Scottish designated part-time course” has the meaning given in paragraph (14);

“Scottish designated postgraduate course” has the meaning given in paragraph (14);

“ Scottish healthcare allowance ” means any allowance (including a young students’ bursary or an independent students’ bursary) under sections 73(f) and 74(1) of the Education (Scotland) Act 1980 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;

“ settled status event ” has the meaning given in regulation 2A(4);

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

“standard academic year”, unless otherwise indicated, means an academic year of a designated course ... 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 but does not include an academic year that is—

“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 , the Education (Student Loans) (Northern Ireland) Order 1990 , the Education (Scotland) Act 1980 and regulations made under those Acts or that Order, the Education (Student Support) (Northern Ireland) Order 1998 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;

“Swiss citizens’ rights agreement” has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;

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“travel expenditure” means expenditure incurred by a student—

“ Turkish worker ” means a Turkish national who—

“ UK dual degree programme ” means a single course of study offered by an institution in the United Kingdom leading to the award by that institution of two first degrees, other than a full-time course leading to a qualification as a—

“ UKRI ” means United Kingdom Research and Innovation;

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“universal credit” means universal credit under Part 1 of the Welfare Reform Act 2012;

“Welsh designated full-time course” has the meaning given in paragraph (14);

“Welsh designated part-time course” has the meaning given in paragraph (14);

“Welsh designated postgraduate course” has the meaning given in paragraph (14).

(1ZA) “ Course for the initial training of teachers ” means any of the following courses other than an employment-based teaching training scheme—

(a) a course of initial teacher training undertaken in England and leading to ... qualified teacher status in England;

(b) a course of initial teacher training undertaken in Wales and accredited as initial teacher training by the Education Workforce Council;

(c) a course of initial teacher training undertaken in Scotland and accredited as initial teacher training by the General Teaching Council for Scotland;

(d) a course of initial teacher training undertaken in Northern Ireland and accredited as initial teacher training by the General Teaching Council for Northern Ireland;

(e) a course for the initial training of teachers in further education undertaken in England leading to a Diploma in Education and Training awarded by a recognised body, or with content equivalent to a Diploma in Education and Training and leading to a qualification awarded by a relevant provider, which—

(i) is not a recognised initial further education teacher training course; and

(ii) begins before 1st August 2024;

(f) a recognised initial further education teacher training course undertaken in England;

(g) a course for the initial training of teachers in further education which is undertaken in Wales and leads to a qualification the standard of which is at least equivalent to a Diploma in Higher Education;

(h) a course for the Teaching Qualification in Further Education which is undertaken in Scotland;

(i) a course for the initial training of teachers in further education undertaken in Northern Ireland which leads to a qualification which is approved by the Department for the Economy as a qualification which entitles a person to work as a full-time, associate or essential skills lecturer in a further education college in Northern Ireland.

(1ZB) For the purposes of paragraph (1ZA)—

(a) a course mentioned in sub-paragraph (a), (b), (c), (d), (g), (h) or (i) of that paragraph includes a course leading to a first degree;

(b) “ recognised body ” means an awarding body (within the meaning of section 132 of the Apprenticeships, Skills, Children and Learning Act 2009) which is recognised by the Office of Qualifications and Examinations Regulation in accordance with that section;

(c) “ relevant provider ” means an English higher education provider which has been granted degree awarding powers by a Royal Charter or by or under an Act of Parliament.

(1A) For the purposes of these Regulations, a person is within the personal scope of the citizens’ rights provisions if that person falls within—

(a) Article 10 (personal scope) of the EU withdrawal agreement;

(b) Article 9 (personal scope) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020); or

(c) Article 10 (personal scope) of the Swiss citizens’ rights agreement.

(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); ...

(c) of two academic years' duration ; and

(d) a course which began before 1st August 2019.

(3) ... “ eligible student ” has the meaning given in regulation 4.

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

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

(14) In these Regulations—

“Northern Irish designated full-time course” means a full-time course mentioned in Schedule 2, substantially provided in Northern Ireland and designated under regulation 6(9) of the Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 for the purposes of regulation 5 of those Regulations and Article 3 of the Education (Student Support) (Northern Ireland) Order 1998;

“Northern Irish designated part-time course” means a part-time course mentioned in Schedule 2, substantially provided in Northern Ireland and designated under regulation 124(7) of the Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 for the purposes of regulation 122 of those Regulations and Article 3 of the Education (Student Support) (Northern Ireland) Order 1998;

“Northern Irish designated postgraduate course” means a postgraduate course substantially provided in Northern Ireland and designated under regulation 141(4) of the Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 for the purposes of regulation 139 of those Regulations and Article 3 of the Education (Student Support) (Northern Ireland) Order 1998;

“Scottish designated full-time course” means a full-time course mentioned in Schedule 2, substantially provided in Scotland—

“Scottish designated part-time course” means a part-time course mentioned in Schedule 2, substantially provided in Scotland—

“Scottish designated postgraduate course” means a postgraduate course substantially provided in Scotland—

“Welsh designated full-time course” means a full-time course mentioned in Schedule 2, substantially provided in Wales and—

“Welsh designated part-time course” means a part-time course mentioned in Schedule 2, substantially provided in Wales and—

“Welsh designated postgraduate course” means a postgraduate course substantially provided in Wales and—

(15) For the purposes of paragraph (14)—

(a) a course is substantially provided in Northern Ireland if at least half of the teaching and supervision which comprise the course is provided in Northern Ireland;

(b) a course is substantially provided in Scotland if at least half of the teaching and supervision which comprise the course is provided in Scotland;

(c) a course is substantially provided in Wales if at least half of the teaching and supervision which comprise the course is provided in Wales.

Meaning of “in-year qualifying event”, “protected category event”, “settled status event”, “course designation event” etc. and related matters

2A.—(1) This regulation defines “in-year qualifying event”, “protected category event” “settled status event”, “course designation event”, “part-time course designation event” and “postgraduate course designation event” and makes related provision for the purposes of these Regulations.

(2) “ In-year qualifying event ”, in relation to a student, means—

(a) a protected category event which occurs after the course start date;

(b) a settled status event;

(ba) the student becomes a person described in paragraph 2 of Schedule 1;

(c) the student becomes a person described in paragraph 3(1)(a) of Schedule 1;

(d) where regulation 4(2A), 137(2A) or 159(3A) applies, the student becomes a person described in paragraph 12(a) of Schedule 1;

(e) the student becomes a person described in paragraph 6A(1)(a) of Schedule 1, or where regulation 4(2A), 137(2A) or 159(3A) applies, in paragraph 6(1)(a) of Schedule 1;

(f) the student becomes a person described in paragraph 11A(a) of Schedule 1 or, where regulation 4(2A), 137(2A) or 159(3A) applies, in paragraph 11(1)(a) of Schedule 1; or

(g) the student becomes a person described in paragraph 9B(1)(a)(ii) of Schedule 1.

(3) “ Protected category event ”, in relation to a student, means—

(a) the student or the student’s spouse, civil partner or parent is recognised as a refugee;

(b) the student or the student’s spouse, civil partner or parent becomes a person granted stateless leave;

(c) the student or the student’s spouse, civil partner or parent becomes a person granted humanitarian protection;

(d) the student becomes a person granted section 67 leave;

(e) the student or the student’s parent becomes a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse;

(f) the student becomes a person granted Calais leave;

(g) the student or the student’s parent becomes a person granted indefinite leave to remain as a bereaved partner;

(h) the student or the student’s spouse, civil partner or parent becomes a person granted leave under one of the Afghan Schemes; or

(i) the student or the student’s spouse, civil partner or parent becomes a person granted leave under one of the Ukraine Schemes.

(4) “ Settled status event ”, in relation to a student means—

(a) the student becomes a person described in paragraph 2A or 9BB of Schedule 1; or

(b) the student becomes a family member described in paragraph 9A(1)(a), 9C(1)(a) or 9D(1)(a) or (2)(a) of Schedule 1.

(5) “ Course designation event ”, in relation to a course, means—

(a) the course is designated under regulation 5(10);

(b) the English higher education provider which is providing the course, or on whose behalf the course is being provided, becomes a registered provider;

(c) the course becomes a Northern Irish designated full-time course, a Scottish designated full-time course or a Welsh designated full-time course ; or

(d) the course becomes a recognised initial further education teacher training course.

(6) “ Part-time course designation event ”, in relation to a course, means—

(a) the course is designated under regulation 139(7);

(b) the English higher education provider which is providing the course, or on whose behalf the course is being provided, becomes a registered provider;

(c) the course becomes a Northern Irish designated part-time course, a Scottish designated part-time course or a Welsh designated part-time course ; or

(d) the course becomes a recognised initial further education teacher training course.

(7) “ Postgraduate course designation event ”, in relation to a course, means—

(a) the course is designated under regulation 161(4) ;

(b) the English higher education provider which is providing the course, or on whose behalf the course is being provided, becomes a registered provider; or

(c) the course becomes a Northern Irish designated postgraduate course, a Scottish designated postgraduate course or a Welsh designated postgraduate course.

(8) Where a protected category event occurs in relation to a student after the course start date, paragraph (9) applies for the purposes of determining whether that event results in the student becoming an eligible student, eligible part-time student or eligible postgraduate student.

(9) The student is to be treated, for the purposes of determining whether the student satisfies any requirement in Schedule 1 to be ordinarily resident in England on the course start date, as if the student was, on the course start date, lawfully residing in the place where the student was residing on that date.

Recognition of initial further education teacher training courses

2B.—(1) The Secretary of State must—

(a) publish in such manner as the Secretary of State considers appropriate; and

(b) maintain,

a list of courses which are, in the opinion of the Secretary of State, initial further education teacher training courses.

(2) For the purposes of this regulation, a course may only be considered an initial further education teacher training course by the Secretary of State if successful completion of the course means that a person meets the occupational standard for a learning and skills teacher as determined by the Institute for Apprenticeships and Technical Education from time to time.

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 ;

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

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

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

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 2 ELIGIBILITY

Eligible students

4. —(1) An eligible student qualifies for support in connection with a designated course subject to and in accordance with these Regulations.

(2) Subject to the following provisions of this regulation, a person is an eligible student in connection with a designated course if in assessing that person’s application for support the Secretary of State determines that the person falls within one of the categories set out—

(a) in paragraphs 2, 2A, 3, 4, 4A, 4B, 4C, 4D, 4E, 5, 6A, 7A, 8A, 9A, 9B, 9BA, 9BB, 9C, 9D, 10ZA, 11A, 12A , 13 , 14, 15 and 16 in Part 2 of Schedule 1; or

(b) in paragraphs 6, 7, 8, 9, 10, 10A, 11 and 12 in Part 2 of Schedule 1, where paragraph (2A) applies.

(2A) This paragraph applies where—

(a) in connection with a designated course beginning before 1st August 2021, the Secretary of State—

(i) in assessing an application for support by a person (“A”), determined that A fell within one of the categories set out in paragraphs 6, 7, 8, 9, 10, 10A, 11 and 12 in Part 2 of Schedule 1 in relation to an academic year of the course beginning before 1st August 2021; or

(ii) would have so determined had A made an application for support in accordance with this Part in relation to an academic year of the course beginning before that date; and

(b) A applies for support in connection with that course or a designated course to which A’s status as an eligible student is transferred from that course in accordance with this Part.

(2B) In connection with a designated course beginning on or after 1st January 2028, paragraph (2) has effect as if it did not mention paragraphs 8A , 9B, 9BA and 9D .

(3) A person (“A”) is not an eligible student if—

(za) A is studying on a course as part of an apprenticeship;

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) A is eligible to apply for, in connection with the course,—

(i) a healthcare bursary the amount of which is not calculated by reference to ... income; or

(ii) any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 2007 ;

(d) A is in breach of any obligation to repay any loan;

(e) A has reached the age of 18 and has not ratified any agreement for a loan made with A when A was under the age of 18;

(f) A has, in the opinion of the Secretary of State, shown by A's conduct that A is unfitted to receive support; or

(g) subject to paragraph (4), A is a prisoner.

(4) Paragraph (3)(g) does not apply—

(a) where the student is an eligible prisoner;

(b) where the current course began before 1st September 2012;

(c) where the student has transferred to the current course on or after 1st September 2012 pursuant to regulation 7 from a course beginning before 1st September 2012;

(d) where the course is an end-on course; or

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

(5) For the purposes of paragraphs (3)(d) and (3)(e), “ loan ” means a loan made under any provision of the student loans legislation.

(6) In a case where the agreement for a loan is subject to the law of Scotland, paragraph (3)(e) only applies if the agreement was made—

(a) before 25th September 1991; and

(b) with the concurrence of the borrower's curator or at a time when the borrower had no curator.

(6A) A person (“A”) is not an eligible student in connection with a postgraduate pre-registration course unless A begins the course on or after 1st August 2018.

(6B) For the purposes of paragraph (6A), a person (“A”) who transfers from a postgraduate pre-registration course which began before 1st August 2018 to a postgraduate pre-registration course which begins on or after 1st August 2018 (“the second course”) is not an eligible student unless A—

(a) transfers to the first academic year of the second course; or

(b) transfers to any other academic year of the second course which is not a bursary year.

(6C) A person (“A”) is not an eligible student in connection with a pre-registration course or a postgraduate pre-registration course which leads to a qualification for a profession in respect of which A is already registered in the relevant part or parts of the register maintained by the Health and Care Professions Council, the Nursing and Midwifery Council or the General Dental Council.

(6D) A person (“A”) is not an eligible student in connection with a postgraduate pre-registration course if A has received support under Part 4, 5 or 6 of these Regulations in connection with a previous postgraduate pre-registration course begun on or after 1st August 2018 and has achieved a qualification.

(6E) A person who—

(a) has a disability, and

(b) would be an eligible student in connection with a postgraduate pre-registration course but for paragraph (6D),

is to be treated, for the purposes of Part 12 of these Regulations only, as if that person were an eligible postgraduate student in connection with a designated postgraduate course.

(7) An eligible student in respect of whom the first academic year of the specified designated course begins on or after 1st September 2000 does not, at any one time, qualify for support for—

(a) more than one designated course;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) a designated course and a designated part-time course;

(d) a designated course and a designated postgraduate course.

(7A) A person (“A”) is not an eligible student if A is enrolled on a course which is designated under regulation 4 of the Education (Postgraduate Master’s Degree Loans) Regulations 2016 or regulation 4 of the Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 2018, and is receiving support under either set of regulations for that course .

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12) Where—

(a) the Secretary of State determined that, by virtue of being a refugee or the spouse, civil partner, child or step-child of a refugee, a person (“A”) was—

(i) an eligible student in connection with an application for support for an earlier year of the current course, an application for support for a course in relation to which the current course is an end-on course or an application for support in connection with a designated part-time course ... or other designated course from which A's status as an eligible part-time student ... or eligible student has been transferred to the current course; and

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) as at the day before the academic year in respect of which A is applying for support begins, the refugee status of A or of A's spouse, civil partner, parent or step-parent, as the case may be, has expired and—

(i) no further leave to remain has been granted,

(ii) no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002), and

(iii) the person (A or A’s spouse, civil partner, parent or step-parent) whose refugee status has expired has not become a British or Irish citizen,

A's status as an eligible student terminates immediately before the first day of the academic year in respect of which A is applying for support.

(12A) Where—

(a) the Secretary of State determined that, by virtue of being a person granted stateless leave or the spouse, civil partner, child or step-child of a person granted stateless leave, a person (“A”) was an eligible student in connection with—

(i) an application for support for an earlier year of the current course,

(ii) an application for support for a course in relation to which the current course is an end-on course, or

(iii) an application for support in connection with a designated part-time course or other designated course from which A’s status as an eligible part-time student or eligible student has been transferred to the current course, and

(b) as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted stateless leave is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and that person has not become a British or Irish citizen ,

A’s status as an eligible student terminates immediately before the first day of the academic year in respect of which A is applying for support.

(12B) Where—

(a) the Secretary of State determined that, by virtue of being a person granted section 67 leave, a person (“A”) was an eligible student in connection with—

(i) an application for support for an earlier year of the current course, or

(ii) an application for support in connection with a designated part-time or other designated course from which A’s status as an eligible part-time student or eligible student has been transferred to the current course, and

(b) as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted section 67 leave is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and that person has not become a British or Irish citizen ,

A’s status as an eligible student terminates immediately before the first day of the academic year in respect of which A is applying for support.

(12C) Where—

(a) the Secretary of State determined that, by virtue of being a person granted Calais leave, a person (“A”) was an eligible student in connection with—

(i) an application for support for an earlier year of the current course; or

(ii) an application for support in connection with a designated part-time course or other designated course from which A’s status as an eligible part-time student or eligible student has been transferred to the current course; and

(b) as at the day before the academic year in respect of which A is applying for support begins, the period for which A is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and A has not become a British or Irish citizen ,

A’s status as an eligible student terminates immediately before the first day of the academic year in respect of which A is applying for support.

(13) Where—

(a) the Secretary of State determined that, by virtue of being a person granted humanitarian protection or the spouse, civil partner, child or step-child of such a person, a person (“A”) was—

(i) an eligible student in connection with an application for support for an earlier year of the current course, an application for support for a course in relation to which the current course is an end-on course or an application for support in connection with a designated part-time course ... or other designated course from which A's status as an eligible part-time student ... or eligible student has been transferred to the current course; and

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted humanitarian protection is allowed to stay in the United Kingdom has expired and—

(i) no further leave to remain has been granted;

(ii) no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and

(iii) the person (A or A’s spouse, civil partner, parent or step-parent) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen,

A's status as an eligible student terminates immediately before the first day of the academic year in respect of which A is applying for support.

(13A) Where—

(a) the Secretary of State determined that, by virtue of being a person with protected rights with limited leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules, a person (“A”) was an eligible student in connection with—

(i) an application for support for an earlier year of the current course; or

(ii) an application for support in connection with a designated part-time course or other designated course from which A’s status as an eligible part-time student or eligible student has been transferred to the current course; and

(b) as at the day before the academic year in respect of which A is applying for support begins, A no longer has extant limited leave to enter or remain granted by virtue of residence scheme immigration rules and no further leave to enter or remain has been granted under those rules and A has not become a British or Irish citizen ,

A’s status as an eligible student terminates immediately before the first day of the academic year in respect of which A is applying for support.

(13B) Where—

(a) the Secretary of State has determined that, by virtue of—

(i) falling within paragraph (1)(a) ... (iv) or (v) of the definition of “person with protected rights”; or

(ii) meeting the conditions in paragraph 3(1)(a) ... (iv) in Part 2 of Schedule 1,

a person (“A”) is an eligible student in connection with an application for support for an academic year of a designated course; and

(b) as at the day before the academic year begins, A is not a person with protected rights and has not become a British or Irish citizen ,

A’s status as an eligible student terminates immediately before the first day of the academic year in respect of which A is applying for support.

(13C) Where—

(a) the Secretary of State determined that, by virtue of being a person granted leave under one of the Afghan Schemes or the spouse, civil partner, child or step-child of such a person , a person (“ A ”) was—

(i) an eligible student in connection with an application for support for—

(aa) an earlier year of the current course;

(bb) an application for support for a course in relation to which the current course is an end-on course; or

(cc) an application for support in connection with a designated part-time course or other designated course from which A’s status as an eligible part-time student or eligible student has been transferred to the current course; and

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted leave under one of the Afghan Schemes is allowed to stay in the United Kingdom has expired and that person has not become a British or Irish citizen ,

A’s status as an eligible student terminates immediately before the first day of the academic year in respect of which A is applying for support.

(13D) Where—

(a) the Secretary of State determined that, by virtue of being a person granted leave under one of the Ukraine Schemes or the spouse, civil partner, child or step-child of such a person , a person (“ A ”) was—

(i) an eligible student in connection with an application for support for—

(aa) an earlier year of the current course;

(bb) an application for support for a course in relation to which the current course is an end-on course; or

(cc) an application for support in connection with a designated part-time course or other designated course from which A’s status as an eligible part-time student or eligible student has been transferred to the current course; and

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted leave under one of the Ukraine Schemes is allowed to stay in the United Kingdom has expired and no further leave to enter or remain has been granted and that person has not become a British or Irish citizen ,

A’s status as an eligible student terminates immediately before the first day of the academic year in respect of which A is applying for support.

(13E) Where—

(a) the Secretary of State determined that, by virtue of being a person satisfying the criteria in paragraph 13 of Schedule 1 (eligible students: long residence), a person (“ A ”) was an eligible student in connection with—

(i) an application for support for an earlier year of the current course;

(ii) an application for support for a course in relation to which the current course is an end-on course; or

(iii) an application for support in connection with a designated part-time course or other designated course from which A’s status as an eligible part-time student or eligible student has been transferred to the current course; and

(b) as at the day before the academic year in respect of which A is applying for support begins, the period for which A was granted leave to stay in the United Kingdom has expired and—

(i) no further leave to remain has been granted;

(ii) no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and

(iii) A has not become a British or Irish citizen,

A’s status as an eligible student terminates immediately before the first day of the academic year in respect of which A is applying for support.

(14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Designated courses

5. —(1) Subject to paragraphs ... (2A), ... (4), (5) , (6) and (6A), a course is a designated course for the purposes of section 22(1) of the 1998 Act and regulation 4 if it is—

(a) mentioned in Schedule 2;

(b) one of the following—

(i) ... a full-time course;

(ii) a sandwich course; or

(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 7 from a course for the initial training of teachers which began before1st September 2010;.

(c) of at least one academic year’s duration ... , or, in the case of a postgraduate pre-registration course, of at least two academic years’ duration ;

(d) either—

(i) wholly provided by a registered provider, or provided by a registered or unregistered provider on behalf of a registered provider in England;

(ii) wholly provided by an authority-fundedinstitution in Scotland or Northern Ireland, or in Wales where the course began before 1st September 2017;

(iii) provided by a registered provider on behalf of an authority-fundedinstitution in Scotland or Northern Ireland, or in Wales where the course began before 1st September 2017;

(iv) provided by a registered provider on behalf of a regulated institution in Wales where the course begins on or after 1st September 2017;

(v) provided by an institution situated in Scotland, Northern Ireland or Wales on behalf of a registered provider in England, or by a publicly fundedinstitution situated in Scotland, Northern Ireland or Wales on behalf of an authority-fundedinstitution in Scotland or Northern Ireland, or in Wales where the course began before 1st September 2017;

(vi) provided by a publicly fundedinstitution in Scotland, Northern Ireland or Wales on behalf of a regulated institution in Wales where the course begins on or after 1st September 2017;

(vii) provided by a registered provider in England in conjunction with an institution which is situated outside the United Kingdom;

(viii) provided by an authority-fundedinstitution in Scotland or Northern Ireland, or in Wales where the course began before 1st September 2017, in conjunction with an institution which is situated outside the United Kingdom; or

(ix) provided by a regulated institution in Wales or a regulated institution in Wales in conjunction with an institution which is situated outside the United Kingdom, where that course begins on or after 1st September 2017;

(da) substantially provided in the United Kingdom; and

(e) for a course beginning on or after 1st September 2012 which falls within paragraph 1, 2, 4, ... 7, 8, 9, 10 or 11 of Schedule 2 —

(i) a course which leads to an award granted or to be granted by a body falling within section 214(2) (za), (zb), (a) or (b) of the Education Reform Act 1988; and

(ii) the teaching and supervision which comprise the course has been approved by that body.

(2) In paragraph (1)(e) “ award ” means any degree, diploma, certificate or other academic award or distinction.

(2ZZA) For the purposes of section 22 of the 1998 Act and regulation 4, a course is a designated course if it is a Northern Irish designated full-time course, a Scottish designated full-time course or a Welsh designated full-time course.

(2ZA) A course is not a designated course if its designation has been revoked or is suspended under paragraph (11).

(2A) A postgraduate pre-registration course is not a designated course if it is a distance learning course.

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

(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) A course falling within paragraph 7 or 8 of Schedule 2 is not a designated course where the governing body of a maintained school or Academy has arranged for the provision of such a course to a pupil of the school or Academy.

(5) A course that is taken as part of an employment-based teacher training scheme is not a designated course.

(6) A first degree course (other than a graduate entry accelerated programme or a graduate entry veterinary course) is not a designated course where—

(a) it leads to the award of a professional qualification;

(b) a first degree (or equivalent qualification) would normally be required for entry to a course leading to the award of that professional qualification; and

(c) the current course begins on or after 1st September 2009.

(6A) A UK dual degree programme is not a designated course.

(7) For the purposes of paragraph (1)(d)—

(a) a course is provided by an institution if it provides the teaching and supervision which comprise the course, whether or not the institution has entered into an agreement with the student to provide the course;

(aa) a course is substantially provided in the United Kingdom where at least half of the teaching and supervision which comprise the course is provided in the United Kingdom;

(b) a university and any constituent college or institution in the nature of a college of a university is to be regarded as authority-funded if either the university or the constituent college or institution is authority-funded ; ...

(c) an institution is not to be regarded as publicly funded or authority-funded 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 ; and

(d) a course is not to be regarded as provided on behalf of an authority-funded educational institution where a part of the course is provided by a private institution in Scotland, Northern Ireland or Wales, or by a private institution which is an unregistered provider in England .

(8) Subject to paragraph (6), a course to which this paragraph applies is considered to be a single course for a first degree or for an equivalent qualification even if—

(a) the course leads to another degree or qualification being conferred before the degree or equivalent qualification; and

(b) part of the course is optional.

(9) Paragraph (8) applies to a course the standard of which is not higher than a first degree which leads to a qualification as a medical doctor, dentist, veterinary surgeon, architect, landscape architect, landscape designer, landscape manager, town planner or town and country planner.

(10) For the purposes of section 22 of the 1998 Act and regulation 4(1) the Secretary of State may designate courses of higher education which are not designated under paragraph (1) or (2ZZA) .

(11) The Secretary of State may revoke or suspend the designation of a course which is designated under this regulation .

Period of eligibility

6. —(1) A student's status as an eligible student is retained in connection with a designated course until the status terminates in accordance with this regulation or regulation 4.

(2) The period for which an eligible student retains that status is the “period of eligibility”.

(3) Subject to the following paragraphs and regulation 4, the period of eligibility terminates at the end of the academic year in which the student completes the designated course.

(4) The period of eligibility terminates when the eligible student (“A”)—

(a) withdraws from A's designated course in circumstances where the Secretary of State has not transferred or converted or will not transfer or convert A's status as an eligible student under regulation 7, 132, 139B or 139C ; or

(b) abandons or is expelled from A's designated course.

(5) The Secretary of State may terminate the period of eligibility where A has shown by A's conduct that A is unfitted to receive support.

(6) If the Secretary of State is satisfied that an eligible student has failed to comply with any requirement to provide information under these Regulations or has provided information which is inaccurate in a material particular, the Secretary of State may take such of the following actions as the Secretary of State considers appropriate in the circumstances—

(a) terminate the period of eligibility;

(b) determine that the student no longer qualifies for any particular support or particular amount of support;

(c) treat any support paid to the student as an overpayment which may be recovered under Chapter 5 of Part 9.

(7) Where the period of eligibility terminates before the end of the academic year in which the student completes the designated course, the Secretary of State may, at any time, renew the period of eligibility for such period as the Secretary of State determines.

Transfer of status

7. —(1) Where an eligible student “A” transfers to another course, the Secretary of State must transfer A's status as an eligible student to that course where—

(a) he receives a request from the eligible student to do so;

(b) he is satisfied that one or more of the grounds for transfer in paragraph (2) applies; and

(c) the period of eligibility has not terminated.

(1A) Paragraph (1) applies to a person who is an eligible student by virtue of regulation 4(2)(b) only where that person’s status as an eligible student has not been transferred on or after 1st August 2021 from the designated course referred to in regulation 4(2A)(a) to another designated course.

(2) The grounds for transfer are—

(a) on the recommendation of the academic authority A ceases one course and starts to attend or undertake another designated course ...;

(b) A starts to attend or undertake a designated course ...;

(c) after starting a course for the Certificate in Education, A is, on or before the completion of that course, admitted to a designated course for the degree (including an honours degree) of Bachelor of Education either at the same institution or at another institution;

(d) after starting a course for the degree (other than an honours degree) of Bachelor of Education, A is, on or before the completion of that course, admitted to a designated course for the honours degree of Bachelor of Education either at the same institution or at another institution; or

(e) after starting a course for a first degree (other than an honours degree) A is, before the completion of that course, admitted to a designated course for an honours degree in the same subject or subjects at the institution.

(3) Subject to paragraph (4), where A transfers under paragraph (1), A is entitled to receive in connection with the academic year of the course to which A transfers the remainder of the support assessed by the Secretary of State in respect of the academic year of the course from which A transfers.

(4) The Secretary of State may re-assess the amount of support payable after the transfer provided that A qualifies for such support in connection with the academic year of the course to which A transfers .

(5) Where A transfers under paragraph (1) after the Secretary of State has assessed A's support in connection with the academic year of the course from which A is transferring but before A completes that year, A may not, in connection with the academic year of the course to which A transfers, apply for another grant or loan of a kind that A has already applied for under these Regulations in connection with the academic year of the course from which A is transferring unless otherwise provided.

PART 3 APPLYING FOR SUPPORT, PROVISION OF INFORMATION AND LOAN CONTRACTS

Applications for support

8. —(1) A person (the “applicant”) must apply for support in connection with each academic year of a designated course by completing and submitting to the Secretary of State an application in such form and accompanied by such documentation as the Secretary of State may require.

(2) 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 student, whether the applicant qualifies for support and the amount of support payable, if any.

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

Time limits

9. —(1) 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.

(2) The general rule does not apply where—

(a) an in-year qualifying event or a course designation event 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 making a separate application for a fee loan ... or a loan for living costs or is applying for an additional amount of fee loan under regulation 24(1) or (7) ... or an additional amount of loan for living costs under regulation 89(3) 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;

(c) the applicant is applying to borrow ... an additional amount of loan for living costs or an additional amount of long courses loan under regulation 89(1), 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 or within a period of one month beginning with the day on which the applicant receives notice of the increased maximum amount, whichever is the later;

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

(e) 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.

Information

10. Schedule 3 deals with the provision of information.

Requirement to enter into a contract for a loan

11.—(1) To receive a loan a student must enter into a contract with the Secretary of State.

(2) Where the Secretary of State requires a contract to be signed by a student, an electronic signature in such form as the Secretary of State may specify satisfies such a requirement.

PART 4 FEE LOANS

CHAPTER 1 GENERAL

Previous course

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 an intensive course or a full-time distance learning course, undertook before the current course and which meets any 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 an intensive course or a ... 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 an intensive course or a full-time distance learning course, undertook before the current course where the student studied but did not achieve a qualification and which meets any 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 an intensive course or a full-time distance learning course, undertook before the current course where—

(aa) the course meets any of the conditions in paragraph (2); and

(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—

(a) the course was provided by an institution which was a registered provider in England or by a publicly fundedinstitution 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 statutory award which was paid in respect of the student's attending or, in the case of an intensive course or a ... 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 a registered provider or a publicly fundedinstitution whether or not in the United Kingdom or a regulated institution 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 statutory award which was paid in respect of the student's attending or, in the case of an intensive course or a full-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 ... ; and

(c) where the current course falls within regulation 2(1ZA)(a), (b), (c) or (d), the student is not a qualified teacher.

(4ZA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4A) A course which would otherwise be a previous course is not ... to 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;

(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 .... or, in the case of a course in a dental profession subject, begins on or after 1st August 2018

(4B) A 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 formula 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 formula 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 a 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 a 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 formula 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 a 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 formula 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 ... to be treated as having been in attendance on the previous course in respect of periods of study beginning on or after 1st September 2006.

Miscellaneous

13. —(1) Subject to paragraphs (2) to (4), an eligible student does not qualify for a 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.

(1A) An eligible student does not qualify for a fee loan under this Part if—

(a) the current course is a course falling within regulation 2(1ZA)(e),(f),(g),(h) or (i); and

(b) the student has completed a previous course falling within regulation 2(1ZA)(e), (f), (g), (h) or (i) and achieved the intended qualification.

(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 ... ; and

(c) the student is not a qualified teacher.

(2ZA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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;

(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 .... or, in the case of a course in a dental profession subject, begins on or after 1st August 2018

(2B) Paragraph (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.

(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 —

(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 a 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 a 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 on the first day of the first academic year .

(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.

(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.

(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.

CHAPTER 2 Availability of fee loans

Current system students

14. A current system student (“A”) qualifies for a fee loan in respect of the fees payable by A in connection with A's attendance on or undertaking of a designated course in accordance with Chapter 3 of this Part.

Old system students

15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Students becoming eligible in the course of an academic year

16.—(1) Where—

(a) a course designation event which results in a student’s course becoming a designated course occurs in the course of an academic year;

(b) a protected category event which results in a student becoming an eligible student occurs—

(i) in the course of the first academic year of a course; and

(ii) on or before the course start date; or

(c) an in-year qualifying event which results in a student becoming an eligible student occurs within the first three months of an academic year,

the student may qualify for a fee loan in accordance with this Part in respect of that academic year.

(2) But a fee loan is not available in respect of any academic year beginning before the academic year in which the event in question occurs.

Events

17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Students to be treated as in attendance on a course

18. —(1) A student to whom this regulation applies is treated as if the student were in attendance on the designated course for the purpose of qualifying for a fee loan .

(2) This regulation applies to—

(a) a compressed degree student ; or

(b) a disabled student who—

(i) is not a compressed degree student ; and

(ii) is undertaking a designated course ... in the United Kingdom but is not in attendance because the student is unable to attend for a reason which relates to the student's disability.

CHAPTER 3 FEE LOANS FOR CURRENT SYSTEM STUDENTS

Availability of fee loans to current system students - general

19. — (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Subject to paragraph (3), a current system student does not qualify for a fee loan in respect of an academic year of a designated course that is —

(a) a bursary year;

(b) an Erasmus year of a course provided by an institution in Northern Ireland ...; or

(c) an Erasmus year of a course provided by an institution in England , Wales or Scotland where the course began before 1st September 2012 .

(3) Paragraph (2) does not apply where the current course is the graduate entry accelerated programme.

(3A) A current system student qualifies for a fee loan in respect of an academic year of the current course in accordance with paragraphs (3B) to (3E) where the Secretary of State determines that the conditions in regulation 13(3A) are satisfied.

(3B) If the Secretary of State makes the determination before the first day of the first academic year of the current course then the current system student qualifies for a fee loan in respect of the first academic year of the current course.

(3C) If the Secretary of State makes the determination on or after the first day of the first academic year of the current course then the current system student qualifies for a fee loan in respect of—

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

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

(3D) Paragraphs (3B) and (3C) do not apply if the Secretary of State considers that there are exceptional circumstances.

(3E) Where the Secretary of State considers that there are exceptional circumstances, the Secretary of State may determine that the student should qualify for a fee loan in respect of one or more academic years of the current course, as appropriate, whether or not the student has completed those academic years prior to the Secretary of State making the determination.

(4) When assessing an application for support in respect of an academic year of a designated course, the Secretary of State must determine the “standard entitlement”.

(5) The standard entitlement is calculated in accordance with regulation 20, 21 or 22.

(6) When assessing an application for support in respect of an academic year of a designated course, the Secretary of State must allocate a fee loan from the standard entitlement first to the final standard academic year of the course and then to each preceding standard academic year in turn until the standard entitlement is exhausted or a fee loan has been allocated to each standard academic year of the course.

(7) A current system student qualifies for a fee loan in respect of a standard academic year of the designated course if the Secretary of State allocates a fee loan to that year when assessing the application for support for that year.

(8) In addition to the standard entitlement, a current system student who falls within regulation 21 and has failed to complete the most recent previous course because of compelling personal reasons qualifies for a fee loan in respect of the first academic year that the student takes of the designated course that is not—

(a) a bursary year;

(b) an Erasmus year of a course provided by an institution in Northern Ireland ...; or

(c) an Erasmus year of a course provided by an institution in England , Wales or Scotland which began before 1st September 2012.

(9) Where a current system student qualifies for a fee loan under paragraph (8), the Secretary of State must not allocate a fee loan under paragraph (6) to the first academic year that the student takes of the designated course that is not —

(a) a bursary year;

(b) an Erasmus year of a course provided by an institution in Northern Ireland ...; or

(c) an Erasmus year of a course provided by an institution in England , Wales or Scotland where the course began before 1st September 2012 .

(9A) In addition to the standard entitlement, a current system student qualifies for a fee loan in respect of an academic year of a current course in accordance with this paragraph and paragraphs (9D) and (9E) where―

(a) the student falls within regulation 21 or 22; and

(b) the Secretary of State determines that―

(i) the student has provided all information required by the Secretary of State in relation to all courses which have been undertaken and qualifications which are held by the student;

(ii) that information is accurate; and

(iii) the Secretary of State has provided written notification that the student qualifies for a fee loan under this regulation in respect of —

(aa) 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;

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

(cc) 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 .

(9B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9D) Paragraph (9A)(b)(iii) does not apply if the Secretary of State considers that there are exceptional circumstances.

(9E) Where the Secretary of State considers that there are exceptional circumstances, the Secretary of State may determine that the student should qualify for a fee loan in respect of one or more academic years of the current course, as appropriate, whether or not the student has completed those academic years prior to the Secretary of State making the determination.

(10) In addition to the standard entitlement, if the Secretary of State determines that the student is repeating an academic year of the designated course because of compelling personal reasons, a current system student qualifies for a fee loan in respect of the year of repeat study provided that the academic year that the student is repeating was a qualifying year of study and the year of repeat study is not a bursary year.

(11) A current system student qualifies for a fee loan in respect of an academic year of a designated course that is a year of repeat study which the student is taking other than for compelling personal reasons if—

(a) the academic year which the student is repeating was a qualifying year of study;

(b) the academic year of repeat study is not a bursary year; and

(c) when the academic year of repeat study is added to the number of any other academic years of repeat study that the student has already taken on the current course other than for compelling personal reasons, it does not exceed the number of additional years of support.

(12) In this regulation, the “number of additional years of support” is the number of years which make up the standard entitlement less the number of standard academic years (plus one where the student qualifies for a fee loan under paragraph (8)).

(13) The amount of the fee loan in respect of an academic year is determined in accordance with regulation 23 and may be nil.

Standard entitlement of current system students who have not studied on a previous course

20. The standard entitlement of a current system student who has not studied on a previous course is calculated as follows—

• where

• OD is the number of academic years that make up the ordinary duration of the course.

Standard entitlement of current system students who have transferred from or otherwise studied on a previous course

21. —(1) The standard entitlement of a current system student who has studied on a previous course and who does not fall within regulation 22 is calculated as follows—

• where

• OD is the number of academic years that make up the ordinary duration of the course

PC is the number of academic years that the student has spent on previous courses.

(2) For the purposes of this regulation, a “ current system student who has studied on a previous course ” includes a current system student whose 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 pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act from a designated course which—

(a) is a previous course; and

(b) the student began on or after 1st September 2006.

Standard entitlement of current system students on end-on courses and certain degree courses

22. —(1) Where the current course began before 1st September 2009, this regulation applies to—

(a) a current system student who is on an end-on course of the kind described in paragraph (a) or (b) of the definition of “end-on course” in regulation 2;

(b) a current system student who—

(i) has completed a full-time course mentioned in paragraph 2 or 3 of Schedule 2;

(ii) is on a full-time first degree course (other than a first degree course for the initial training of teachers) that the student did not begin immediately after the course referred to in paragraph (i); and

(iii) has not taken (in whole or in part) a full-time first degree course after the course referred to in paragraph (i) and before the current course;

(c) a current system student who—

(i) has completed a full-time foundation degree course;

(ii) is on a full-time honours degree course that the student did not begin immediately after the course referred to in paragraph (i); and

(iii) has not taken (in whole or in part) a full-time first degree course after the course referred to in paragraph (i) and before the current course.

(2) Where the current course begins on or after 1st September 2009, this regulation applies to a current system student who—

(a) has completed a course specified in paragraph (2A) and achieved a qualification;

(b) is on a full-time honours degree course (other than a first degree course for the initial training of teachers); and

(c) has not taken (in whole or in part) a full-time first degree course after the course referred to in paragraph (a) and before the current course.

(2A) The courses mentioned in paragraph (2)(a) are—

(a) an intensive course;

(b) a course mentioned in paragraph 2, 3 or 4 of Schedule 2 or overseas equivalent;

(c) a course mentioned in paragraph 12 of Schedule 2;

(d) a foundation degree course or overseas equivalent.

(2B) For the purposes of paragraph (2)(a) it does not matter whether a course specified in paragraph (2A)(b), (c) or (d) was completed on a full-time, part-time or full-time distance learning basis.

(3)Regulations 20 and 21 do not apply to students to whom this regulation applies.

(4) The standard entitlement of a student to whom paragraph (1) applies is calculated as follows—

• where

• D is the greater of 3 and the number of academic years that make up the ordinary duration of the course

• X is 1 where the ordinary duration of the preliminary course (or preliminary courses in total) was less than three years and 2 where the ordinary duration of the preliminary course (or preliminary courses in total) was three years

• PrC is the number of academic years that the student spent on preliminary courses (including any academic years that the student began or ceased to attend part of the way through the year), excluding any years of repeat study for compelling personal reasons.

(5) ...The standard entitlement of a student to whom paragraph (2) applies is calculated as follows–-

• where

• D is the greater of 3 and the number of academic years that make up the ordinary duration of the course

• X is—

• 1 where the ordinary duration of the preliminary course (or preliminary courses in total) was less than three years, and

• where the ordinary duration of the preliminary course (or preliminary courses in total) was three years or more, the ordinary duration minus 1

• PrC is the number of academic years that the student spent on preliminary courses (including any academic years that the student began or ceased to attend part of the way through the year), excluding any years of repeat study for compelling personal reasons.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amount of the fee loan

23. —(1) For the purposes of this Part,—

(a) where a student (“A”) transfers to the current course pursuant to regulation 7 on or after 1st September 2012 from a full time course beginning before 1st September 2012; or

(b) where the current course is an end-on course of the kind described in paragraph (e) of the definition of “end-on course” in regulation 2;

the current course is treated as beginning before 1st September 2012 in relation to A.

(1A) In this regulation “new accelerated course” means an accelerated course which begins on or after 1st August 2019.

(2) The amount of a fee loan in respect of an academic year of a designated course must not exceed the lesser of—

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

(b) the maximum amount.

(3) For the purposes of this regulation, the “ maximum amount ” means—

(a) £3,465 where the current course began before 1st September 2012 unless paragraph (5) , (5A) , (6), (6A) or (6B) applies; ...

(b) £9,250 where the current course—

(i) begins on or after 1st September 2012; and

(ii) is provided by or on behalf of an approved (fee cap) provider in England ;

unless paragraph (3)(d), (6) , (6A), (6B), (6C) or (8) applies;

(c) £9,250 where the current course is a course for the initial training of teachers provided by an accredited institution which is an unregistered provider, unless paragraph (6)(b), (6A)(b), (6B)(b) or (6C) applies; or

(d) where the current course is a new accelerated course provided by or on behalf of an approved (fee cap) provider in England—

(i) £11,100 unless paragraph (7A), (7B) or (7C) applies;

(ii) £2,220 where paragraph (7A) applies; or

(iii) £1,660 where paragraph (7B) or (7C) applies.

(4) Where the current course begins on or after 1st September 2012 and—

(a) is provided by an approved provider in England (other than on behalf of an approved (fee cap) provider, a publicly fundedinstitution or a regulated institution);

(b) is provided by an unregistered provider, a private institution or a non-regulated institution on behalf of an approved provider; or

(c) is provided by 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; and

(d) (i) in a case specified in sub-paragraph (a) or (b) the provider of the course does not have a high level quality rating; or

(ii) in a case specified in sub-paragraph (c) the provider of the course did not have a high level quality rating in the academic year starting before 1st August 2019,

the “maximum amount” is the amount specified in paragraph (4ZA).

(4ZA) The maximum amount is—

(a) £6,000, unless sub-paragraph (e), or paragraph (7), (7A), (7B) or (8) applies;

(b) £3,000 where paragraph (7) applies and sub-paragraph (e) does not apply;

(c) £1,200 where paragraph (7A) applies and sub-paragraph (e) does not apply;

(d) £900 where paragraph (7B) applies and sub-paragraph (e) does not apply; or

(e) in the case of a new accelerated course—

(i) £7,200, unless paragraph (7A) or (7B) applies;

(ii) £1,440 where paragraph (7A) applies; or

(iii) £1,080 where paragraph (7B) applies.

(4A) Where the current course begins on or after 1st September 2012 and—

(a) is provided by an approved provider, a private institution or a non-regulated institution (other than on behalf of an approved (fee cap) provider, a publicly fundedinstitution or a regulated institution);

(b) is provided by an unregistered provider in England on behalf of an approved provider; or

(c) is provided by 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; and

(d) (i) in a case specified in sub-paragraph (a) or (b) the provider of the course has a high level quality rating; or

(ii) in a case specified in sub-paragraph (c) the provider of the course had a high level quality rating in the academic year starting before 1st August 2019,

the “maximum amount” is the amount specified in paragraph (4B).

(4B) The maximum amount is—

(a) £6,165, or £7,400 in the case of a new accelerated course, unless paragraph (7), (7A), (7B) or (8) applies;

(b) £3,080 where paragraph (7) applies and the current course is not an accelerated course;

(c) £1,230, or £1,475 in the case of a new accelerated course, where paragraph (7A) applies and the course is provided by an approved provider in England (other than on behalf of an approved (fee cap) provider, a publicly fundedinstitution or a regulated institution);

(d) £1,230 where paragraph (7A) applies, the course is provided by a private institution in Wales (other than on behalf of an approved (fee cap) provider or a publicly fundedinstitution) and began before 1st September 2017;

(e) £1,230 where paragraph (7A) applies, the course is provided by a non-regulated institution in Wales (other than on behalf of an approved (fee cap) provider, a publicly fundedinstitution or a regulated institution) and the course begins on or after 1st September 2017;

(f) £3,080 where paragraph (7A) applies and the course is provided by a private institution in Northern Ireland or Scotland (other than on behalf of an approved (fee cap) provider, a publicly fundedinstitution or a regulated institution);

(g) £920, or £1,105 in the case of a new accelerated course, where paragraph (7B) applies and the course is provided by an approved provider in England (other than on behalf of an approved (fee cap) provider, a publicly fundedinstitution or a regulated institution);

(h) £920 where paragraph (7B) applies, the course is provided by a private institution in Wales (other than on behalf of an approved (fee cap) provider or a publicly fundedinstitution), and began before 1st September 2017;

(i) £920 where paragraph (7B) applies, the course is provided by a non-regulated institution in Wales (other than on behalf of an approved (fee cap) provider, a publicly fundedinstitution or a regulated institution), and begins on or after 1st September 2017;

(j) £3,080 where paragraph (7B) applies and the course is provided by a private institution in Northern Ireland or Scotland (other than on behalf of an approved (fee cap) provider, a publicly fundedinstitution or a regulated institution).

(5) Where the current course began on or after 1st August 2012 and is provided by or on behalf of an institution in Scotland or Northern Ireland , the “maximum amount” is—

(a) £9,250 where the course is provided by or on behalf of a publicly fundedinstitution, unless paragraph (7), (7A), (7B) or (8) applies;

(b) £6,000 where the course is provided by a private institution (other than on behalf of an approved (fee cap) provider, a publicly fundedinstitution or a regulated institution ), unless paragraph (4A), (7), (7A), (7B) or (8) applies;

(c) £4,625 where the course is provided by or on behalf of a publicly fundedinstitution and paragraph (7), (7A) or (7B) applies;

(d) £3,000 where the course is provided by a private institution (other than on behalf of an approved (fee cap) provider, a publicly fundedinstitution or a regulated institution ) and paragraph (7), (7A) or (7B) applies, unless paragraph (4A) applies.

(5ZA) Where the current course begins on or after 1st August 2012 and before 1st September 2017, and is provided by or on behalf of an institution in Wales, the “maximum amount” is—

(a) £9,250 where the course is provided by or on behalf of a publicly fundedinstitution, unless paragraph (7), (7A), (7B) or (8) applies;

(b) £6,000 where the course is provided by a private institution (other than on behalf of an approved (fee cap) provider or a publicly fundedinstitution), unless paragraph (4A), (7), (7A), (7B) or (8) applies;

(c) £4,625 where the course is provided by or on behalf of a publicly fundedinstitution, and paragraph (7) applies;

(d) £3,000 where the course is provided by a private institution (other than on behalf of an approved (fee cap) provider or a publicly fundedinstitution) and paragraph (7) applies, unless paragraph (4A) applies;

(e) £1,850 where the course is provided by or on behalf of a publicly fundedinstitution, and paragraph (7A) applies;

(f) £1,200 where the course is provided by a private institution (other than on behalf of an approved (fee cap) provider or a publicly fundedinstitution) and paragraph (7A) applies, unless paragraph (4A) applies;

(g) £1,385 where the course is provided by or on behalf of a publicly fundedinstitution, and paragraph (7B) applies; or

(h) £900 where the course is provided by a private institution (other than on behalf of an approved (fee cap) provider or a publicly fundedinstitution) and paragraph (7B) applies, unless paragraph (4A) applies.

(5ZB) Where the current course begins on or after 1st September 2017, and is provided by or on behalf of an institution in Wales, the “maximum amount” is—

(a) £9,250 where the course is provided by or on behalf of a regulated institution, unless paragraph (7), (7A), (7B) or (8) applies;

(b) £6,000 where the course is provided by a non-regulated institution (other than on behalf of an approved (fee cap) provider, a publicly fundedinstitution or a regulated institution) , unless paragraph (4A), (7), (7A), (7B) or (8) applies;

(c) £4,625 where the course is provided by or on behalf of a regulated institution, and paragraph (7) applies;

(d) £3,000 where the course is provided by a non-regulated institution (other than on behalf of an approved (fee cap) provider, a publicly fundedinstitution or a regulated institution) and paragraph (7) applies, unless paragraph (4A) applies;

(e) £1,850 where the course is provided by or on behalf of a regulated institution, and paragraph (7A) applies;

(f) £1,200 where the course is provided by a non-regulated institution (other than on behalf of an approved (fee cap) provider, a publicly fundedinstitution or a regulated institution) and paragraph (7A) applies, unless paragraph (4A) applies;

(g) £1,385 where the course is provided by or on behalf of a regulated institution, and paragraph (7B) applies; or

(h) £900 where the course is provided by a non-regulated institution (other than on behalf of an approved (fee cap) provider, a publicly fundedinstitution or a regulated institution) and paragraph (7B) applies, unless paragraph (4A) applies.

(5A) Where the current course began before 1st August 2012 and is provided by an institution in Northern Ireland, the maximum amount is £4,030 , or, where paragraph (7), (7A) or (7B) applies, £2,005 .

(6) Where paragraph (7) applies , the “maximum amount” is—

(a) £1,725 where the current course began before 1st September 2012 unless paragraph (5) or (5A) applies; or

(b) £4,625 where the current course began on or after 1st September 2012 unless paragraph (4) (4A), (5), (5ZA) or (5ZB) applies.

(6A) Where paragraph (7A) applies, the “maximum amount” is—

(a) £1,725 where the current course began before 1st September 2012, unless paragraph (5) or (5A) applies;

(b) £1,850 where the current course began on or after 1st September 2012 and is provided by or on behalf of an approved (fee cap) provider or by an accredited institution which is an unregistered provider in England ..., unless paragraph (3)(d) applies; or

(c) £4,625 where the current course began on or after 1st September 2012 and is provided by or on behalf of a publicly fundedinstitution in Northern Ireland or Scotland ....

(6B) Where paragraph (7B) applies, the “maximum amount” is—

(a) £1,725 where the current course began before 1st September 2012, unless paragraph (5) or (5A) applies;

(b) £1,385 where the current course began on or after 1st September 2012 and is provided by or on behalf of an approved (fee cap) provider or by an accredited institution which is an unregistered provider in England ..., unless paragraph (3)(d) applies; or

(c) £4,625 where the current course began on or after 1st September 2012 and is provided by or on behalf of a publicly fundedinstitution in Northern Ireland or Scotland ....

(6C) Where paragraph (7C) applies, the “maximum amount” is—

(a) £1,385 where the course is provided by or on behalf of a publicly funded or regulated institution in Wales; or

(b) £1,385 where the course is provided—

(i) by or on behalf of an approved (fee cap) provider;

(ii) by an accredited institution which is an unregistered provider in England; or

(iii) by or on behalf of a publicly fundedinstitution in Scotland.

(7) This paragraph applies in respect of —

(a) the final academic year of a designated course where that academic year is normally required to be completed after less than 15 weeks' attendance; or

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) in respect of a course for the initial training of teachers which—

(i) began before 1st September 2010; or

(ii) begins on or after 1st September 2010 where the student transfers to the current course pursuant to regulation 7 from a course for the initial training of teachers beginning before 1st September 2010,

an academic year during which any periods of full-time study are in aggregate less than 10 weeks;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7A) This paragraph applies in respect of an academic year of a sandwich course—

(a) during which any periods of full-time study are in aggregate less than 10 weeks; or

(b) if in respect of that academic year and any previous academic years of the course the aggregate of any one or more periods of attendance which are not periods of full-time study at the institution (disregarding intervening vacations) exceeds 30 weeks.

(7B) This paragraph applies in respect of an academic year of a course provided in conjunction with an overseas institution which is not an Erasmus year—

(a) during which any periods of full-time study at the institution in the United Kingdom are in aggregate less than 10 weeks; or

(b) if in respect of that academic year and any previous academic years of the course the aggregate of any one or more periods of attendance which are not periods of full-time study at the institution in the United Kingdom (disregarding intervening vacations) exceeds 30 weeks.

(7C) This paragraph applies in respect of an Erasmus year of a course provided by an institution in England , Wales or Scotland which began on or after 1st September 2012.

(8) Where the current course is a graduate entry accelerated programme, the “maximum amount” is £5,785 for the first academic year of the course, otherwise £5,535 .

(8A) But paragraph (8B) applies where—

(a) a designated course is provided by or on behalf of a publicly fundedinstitution in Scotland, Northern Ireland or Wales or a regulated institution in Wales, or by an institution in Scotland, Northern Ireland or Wales on behalf of an approved (fee cap) provider;

(b) on or before the date on which these Regulations are made, the Secretary of State has notified to an institution referred to in sub-paragraph (a) a level for the number of students starting the first year of courses at that institution in respect of an academic year commencing on or after 1st August 2020 and before 1st August 2021 (“AY 2020/21”), and

(c) the number of students to whom that level applies is exceeded by that institution in AY 2020/21.

(8B) The maximum amounts set out in this regulation are reduced in respect of that institution in relation to the first academic year of a current course where that course commences on or after 1st August 2021 and before 1st August 2022—

(a) by 3% where the level is exceeded but not by more than 6%;

(b) by 9% where the level is exceeded by more than 6% but not more than 12%;

(c) by 15% where the level is exceeded by more than 12%.

(9) A student may apply to the Secretary of State to reduce the amount of 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 113.

Amount of fee loan for transferring students

24. —(1) If a student's status as an eligible student is transferred from one designated course to another under regulation 7 and the circumstances in paragraph (2) 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.

(2) The circumstances are—

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

(3) If a student's status as an eligible student is transferred from one designated course to another under regulation 7 and the circumstances in paragraph (4) 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.

(4) 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.

(5) Where the circumstances in paragraph (2) apply, the maximum additional amount that the current system 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 maximum amount specified in paragraphs (3) to (6C) of regulation 23 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.

(6) Where the circumstances in paragraph (4) apply, the maximum amount of fee loan that a current system 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 paragraphs (3) to (6C) of regulation 23 applicable in the student's case; and

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

(7) Where a current system 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.

(8) If a student's status as an eligible student is transferred from one course to another under these Regulations and the circumstances in paragraph (9) apply, the student may apply to the Secretary of State to reduce the amount of fee loan applied for in respect of the remainder of the academic year.

(9) The circumstances are—

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

(10) For the purposes of paragraph (9), 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.

CHAPTER 4 GRANTS FOR FEES FOR OLD SYSTEM STUDENTS

Old system students who are continuing students.

25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Old system students who are transferring students

26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Old system students who are on end-on courses

27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Old system students who are gap year students who have not studied on a previous course

28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Old system students who are gap year students who have studied on a previous course

29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Availability of the grant for fees to old system students for years of repeat study

30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amount of the grant for fees for a course at a publicly funded institution

31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amount of the grant for fees for a course that is provided at a private institution on behalf of a publicly funded institution

32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amount of the grant for fees for a course at a private institution

33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER 5 FEE CONTRIBUTION LOANS FOR OLD SYSTEM STUDENTS

Availability of fee contribution loans to old system students

34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amount of the fee contribution loan

35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 5 GRANTS FOR LIVING AND OTHER COSTS

CHAPTER 1 TYPES OF GRANTS AVAILABLE

Current system students

36. The following grants are available to a current system student in connection with a designated course if the student meets the relevant qualifying conditions in this Part—

(a) disabled students' allowance;

(b) grant for dependants;

(c) grant for travel;

(d) maintenance grant or special support grant.

Old system students

37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER 2 GENERAL PROVISIONS

General qualifying conditions for grants for living and other costs

38. —(1) An eligible student qualifies for a grant under this Part provided that the student—

(a) is not excluded from qualification by any of the following paragraphs; and

(b) satisfies the qualifying conditions for the particular grant for which the student is applying.

(2) An eligible student does not qualify for a grant under this Part, other than for a disabled students' allowance, in respect of a distance learning course unless the student is treated as being in attendance on the designated course under regulation 39 .

(3) An eligible student does not qualify for a grant under this Part if the only paragraph or paragraphs in Part 2 of Schedule 1 into which the student falls is one or more of paragraphs 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).

(4) An eligible student does not qualify for a grant under this Part in respect of—

(a) an academic year which is a bursary year .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) An eligible student does not qualify for a grant under this Part in respect of any academic year of a sandwich course where the periods of full-time study are in aggregate less than 10 weeks unless the periods of work experience constitute unpaid service.

(7) For the purposes of paragraph (6), “ unpaid service ” means—

(a) unpaid service in a hospital or in a public health service laboratory or with an integrated care board in the United Kingdom;

(b) unpaid service with a local authority in the United Kingdom acting in the exercise of its functions relating to the care of children and young persons, health or welfare or with a voluntary organisation providing facilities or carrying out activities of a like nature in the United Kingdom;

(ba) unpaid service with a local authority (within the meaning of section 2B of the National Health Service Act 2006) acting in the exercise of public health functions (within the meaning of that Act);

(c) unpaid service in the prison or probation and aftercare service in the United Kingdom;

(d) unpaid research in an institution in the United Kingdom or, in the case of a student attending an overseas institution as part of the student's course, in an overseas institution; ...

(e) unpaid service with—

(i) a Special Health Authority established pursuant to section 28 of the National Health Service Act 2006;

(ia) NHS England ;

(ib) the National Institute for Health and Care Excellence;

(ic) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) a Local Health Board established pursuant to section 11 of the National Health Service (Wales) Act 2006 or a Special Health Authority established pursuant to section 22 of that Act ;

(iii) a Health Board or a Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978 ; or

(iv) a Health and Social Services Board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972 ; or

(f) unpaid service with either House of Parliament.

(8) Where a protected category event which results in a student becoming an eligible student occurs—

(a) in the course of the first academic year of a course; and

(b) on or before the course start date,

the student may qualify for a particular grant in accordance with this Part in respect of that academic year.

(8A) Subject to paragraph (8B), where—

(a) a course designation event which results in a student’s course becoming a designated course occurs in the course of an academic year; or

(b) an in-year qualifying event (other than a settled status event) which results in a student becoming an eligible student occurs in the course of an academic year,

the student may qualify for a particular grant in accordance with this Part in respect of part of that academic year.

(8B) A student does not qualify for such a grant in respect of any academic year beginning before the academic year in which the event in question occurs.

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) Subject to paragraph (11), an eligible student does not qualify for a grant under this Part if the student is a prisoner.

(11) Paragraph (10) does not apply in respect of disabled students' allowance for a course beginning before 1st September 2012.

Students who are treated as in attendance

39. —(1) A student to whom this regulation applies is treated as being in attendance on the designated course for the purpose of qualifying for the following grants—

(a) disabled students' allowance;

(b) grant for dependants;

(c) maintenance grant or special support grant;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) This regulation applies to—

(a) a compressed degree student ;

(b) a student on a period of study or period of work placement in an Erasmus year;

(c) a disabled student who—

(i) is not a compressed degree student ; and

(ii) is undertaking a designated course in the United Kingdom but is not in attendance because the student is unable to attend for a reason which relates to the student's disability.

CHAPTER 3 DISABLED STUDENTS' ALLOWANCES

Qualifying conditions for the disabled students' allowance

40.—(1) Subject to paragraphs (2) to (4), a student qualifies for a grant under regulation 40A if the student—

(a) is an eligible student; and

(b) has a disability.

(2) A student does not qualify for a grant under regulation 40A in respect of a distance learning course starting on or after 1st September 2012 unless the Secretary of State considers that the student is undertaking the designated course in England on the first day of the first academic year.

(2A) For the purposes of paragraph (2), 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.

(3) A student who would otherwise qualify for a grant under regulation 40A in respect of a distance learning course does not qualify for that grant in respect of that course if the Secretary of State considers that the student is undertaking the course outside of the United Kingdom.

(3A) Paragraphs (2) and (3) 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Payment of the disabled students’ allowance

40A.—(1) The Secretary of State is authorised to pay the disabled students’ allowance to a student (“A”) who qualifies for that grant under regulation 40 for the purpose of assisting with the additional expenditure which A is obliged to incur in connection with A’s attendance on or undertaking of a designated course by reason of A’s disability.

(2) 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.

Amount of the disabled students' allowance

41. —(1) Subject to the following paragraphs, the amount of the disabled students' allowance is the amount that the Secretary of State considers appropriate in accordance with the student's circumstances.

(1A) Subject to paragraph (2), the amount of the disabled students’ allowance in respect of additional expenditure on a computer must not exceed an amount equal to the additional expenditure incurred less £200.

(2) The amount of the disabled students’ allowance in respect of an academic year—

(a) for expenditure other than travel expenditure, must not exceed £26,948 ;

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

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

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

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) Subject to paragraph (8), the disabled students’ allowance is payable in respect of the four quarters of the academic year ....

(8) Where a protected category event which results in a student becoming an eligible student occurs—

(a) in the course of the first academic year of a course; and

(b) on or before the course start date,

the student may qualify for the disabled students’ allowance in respect of the four quarters of that academic year.

(8A) Where—

(a) a course designation event which results in a student’s course becoming a designated course occurs in the course of an academic year; or

(b) an in-year qualifying event (other than a settled status event) which results in a student becoming an eligible student occurs in the course of an academic year,

the student may qualify for the disabled students’ allowance in respect of the qualifying quarters.

(8B) For the purposes of paragraph (8A) “ the qualifying quarters ” means—

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

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

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER 4 GRANTS FOR DEPENDANTS

Interpretation of Chapter 4

42. —(1) In regulations 44 to 47—

(a) subject to sub-paragraph (n), “ adult dependant ” means, in relation to an eligible student, an adult person dependent on the student other than the student's child, the student's partner (including a spouse or civil partner from whom the Secretary of State considers the student is separated) or the student's former partner;

(b) “ child ” in relation to an eligible student includes any child of the student's partner who is dependent on the student and any child for whom the student has parental responsibility who is dependent on the student;

(c) “ dependant ” means, in relation to an eligible student, the student's partner, the student's dependent child or an adult dependant, who in each case is not an eligible student and does not hold a statutory award;

(d) “ dependent ” means wholly or mainly financially dependent;

(e) “ dependent child ” means, in relation to an eligible student, a childdependent on the student;

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) “ net income ” has the meaning given in paragraph (2);

(ga) “preceding financial year” means the financial year immediately preceding the relevant year;

(gb) “prior financial year” means the financial year immediately preceding the preceding financial year;

(gc) “relevant year” means the academic year of the course in respect of which the eligible student’s dependants’ income falls to be assessed;

(gd) “residual income” means taxable income after the application of paragraph (5) (in the case of an eligible student’s partner) or paragraph (6) (in the case of an eligible student’s adult dependants);

(ge) “taxable income” means, in respect of the prior financial year—

(i) the total income on which a person (“A”) is charged to income tax as determined at Step 1 of the calculation in section 23 of the Income Tax Act 2007, together with any payments and other benefits mentioned in section 401(1) of the Income Tax (Earnings and Pensions) Act 2003(ignoring section 401(2) of that Act), received or treated as received by A, to the extent that they are not a component of the total income on which A is charged to income tax;

(ii) A’s total income from all sources as determined for the purposes of the income tax legislation of a Member State which applies to A’s income; or

(iii) where the legislation of—

(aa) the United Kingdom and one or more Member States; or

(bb) more than one Member State

applies to the period, A’s total income from all sources as determined for the purposes of the income tax legislation under which the Secretary of State considers that A’s total income in that period is greatest,

except that no account is taken of income referred to in paragraph (1A) paid to another party;

(h) subject to sub-paragraphs (i), (j), (k), (l) and (m), “ partner ” means any of the following—

(i) the spouse of an eligible student;

(ii) the civil partner of an eligible student;

(iii) a person ordinarily living with an eligible student as if that person were the student's spouse where an eligible student falls within paragraph 2(1)(a) of Schedule 4 and began the specified designated course on or after 1st September 2000;

(iv) a person ordinarily living with an eligible student as if that person were the student's civil partner where an eligible student falls within paragraph 2(1)(a) of Schedule 4 and began the specified designated course on or after 1st September 2005;

(i) unless otherwise indicated, a person who would otherwise be a partner under sub-paragraph (h) is not to be treated as a partner if—

(i) in the opinion of the Secretary of State, that person and the eligible student are separated; or

(ii) the person is ordinarily living outside the United Kingdom and is not maintained by the eligible student;

(j) for the purposes of the definition of “adult dependant”, a person is to be treated as a partner if that person would be a partner under sub-paragraph (h) but for the fact that the eligible student with whom that person is ordinarily living does not fall within paragraph 2(1)(a) of Schedule 4;

(k) for the purposes of the definition of child , a person is to be treated as a partner if that person would be a partner under sub-paragraph (h) but for the date on which the eligible student began the specified designated course or the fact that the eligible student with whom that person is ordinarily living does not fall within paragraph 2(1)(a) of Schedule 4;

(l) for the purposes of regulation 45—

(i) sub-paragraph (i) does not apply; and

(ii) a person is to be treated as a partner if that person would be a partner under sub-paragraph (h) but for the fact that the eligible student with whom that person is ordinarily living does not fall within paragraph (2)(1)(a) of Schedule 4;

(m) for the purposes of determining whether a person is the former partner of an eligible student's partner, “ partner ” in relation to an eligible student's partner means—

(i) the spouse of an eligible student's partner;

(ii) the civil partner of an eligible student's partner;

(iii) where the eligible student began the specified designated course on or after 1st September 2000, a person (“A”) ordinarily living with an eligible student's partner (“B”) as if A were B's spouse;

(iv) where the eligible student began the specified designated course on or after 1st September 2005, a person “A” ordinarily living with an eligible student's partner “B” as if A were B's civil partner;

(n) subject to sub-paragraph (o), for the purposes of the definitions of “adult dependant” and “dependent child”, the Secretary of State may treat an adult person or child as dependent on an eligible student if the Secretary of State is satisfied that the adult person or child—

(i) is not dependent on—

(aa) the eligible student; or

(bb) the student's partner; but

(ii) is dependent on the eligible student and the student's partner together;

(o) the Secretary of State must not treat an adult person (“A”) as dependent on an eligible student in accordance with sub-paragraph (n), if A is—

(i) the spouse or civil partner of the eligible student's partner (including a spouse or civil partner from whom the Secretary of State considers the eligible student's partner is separated); or

(ii) the former partner of the eligible student's partner.

(1A) The income referred to in this paragraph is any benefits under a pension arrangement pursuant to an order made under section 23 of the Matrimonial Causes Act 1973 which includes provision made by virtue of sections 25B(4) and 25E(3) of that Act or pension benefits under Part 1 of Schedule 5 to the Civil Partnership Act 2004 which includes provision made by virtue of Parts 6 and 7 of that Schedule.

(2) ...A dependant's net income is the dependant's income from all sources (for the relevant year for the purposes of regulation 44(2)(b) and for the prior financial year for the purposes of regulation 47 ) reduced by the amount of income tax and social security contributions payable in respect of it but disregarding—

(a) any pension, allowance, or other benefit paid by reason of a disability or incapacity to which the dependant is subject;

(b) child benefit payable under Part IX of the Social Security Contributions and Benefits Act 1992 ;

(c) any financial support payable to the dependant by a local authority in accordance with regulations made under sections 2, 3 and 4 of the Adoption and Children Act 2002 ;

(d) any guardian's allowance to which the dependant is entitled under section 77 of the Social Security Contributions and Benefits Act 1992;

(e) in the case of a dependant with whom a child being looked after by a local authority is boarded out, any payment made to that dependant in pursuance of section 22C of the Children Act 1989 or, as the case may be, any payment made under section 81 of the Social Services and Well-being (Wales) Act 2014 ;

(f) any payments made to the dependant under section 15 of and Schedule 1 to the Children Act 1989 in respect of a person who is not the dependant's child or any assistance given by a local authority pursuant to section 24 of that Act or section 104 of the Social Services and Well-being (Wales) Act 2014 in so far as that section applies to category 5 and 6 young persons within the meaning of that Act ;

(g) any child tax credit to which the dependant is entitled under Part I of the Tax Credits Act 2002 ; ...

(h) a higher education bursary paid to the dependent;

(i) in the case of a dependant who is entitled to an award of universal credit—

(i) any amount that is included in the calculation of the award, under regulation 27(1) of the Universal Credit Regulations 2013, in respect of the fact that the dependant has ... or limited capability for work and work-related activity;

(ii) any amount or additional amount that is included in the calculation of the award under regulation 24 of those Regulations (the child element) .

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

(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) For the purposes of paragraph (2), where the dependant is a dependent child and payments are made to the eligible student towards the child's maintenance, those payments are to be treated as the child's income.

(5) An eligible student’s partner’s residual income is determined in accordance with paragraph 6 of Schedule 4.

(6) An eligible student’s adult dependants’ residual income is determined in accordance with paragraph 5 of Schedule 4 (other than sub-paragraphs (3)(b) and (c), (4)(b) and (c), (9), (10) and (11) of paragraph 5), references to the parent being construed as references to the eligible student’s adult dependants.

General

43. —(1) The grant for dependants consists of the following elements—

(a) adult dependants' grant;

(b) childcare grant;

(c) parents' learning allowance.

(2) The qualifying conditions for each element and the amounts payable are set out in regulations 44 to 47.

Adult dependants' grant

44. —(1) An eligible student qualifies for an adult dependants' grant in connection with the student's attendance on a designated course in accordance with this regulation.

(2) The adult dependants' grant is available in respect of one dependant of an eligible student who is either—

(a) the eligible student's partner; or

(b) an adult dependant whose net income for the relevant year does not exceed £3,796.

(3) The amount of adult dependants' grant payable in respect of an academic year is calculated in accordance with regulation 47, the basic amount being—

(a) £3,438 ; or

(b) where the person in respect of whom the eligible student is applying for adult dependants' grant is ordinarily resident outside the United Kingdom, such amount not exceeding £3,438 as the Secretary of State considers reasonable in the circumstances.

Childcare grant

45. —(1) An eligible student (“A”) qualifies for a childcare grant in connection with A's attendance on a designated course in accordance with this regulation.