Citation, commencement and application

1. —(1) These Regulations may be cited as the Education (Student Fees, Awards and Support) (Amendment) Regulations 2012.

(2) These Regulations (other than those specified in paragraph (3))—

(a) come into force on 1st September 2012; and

(b) apply in relation to the provision of support to students in relation to an academic year which begins on or after 1st September 2013 whether anything done under these Regulations is done before, on or after 1st September 2013.

(3)Regulations 1 to 11, 14(a) and (b), 22, 24 to 27, 28(a) and (b), 29, 30, 31(a), 32, 33, 34, 36, 37 and 38 come into force on 1st August 2012.

Amendment of Regulations

2.The Student Fees (Qualifying Courses and Persons) (England) Regulations 2007( 4 ) (“the QCP Regulations”) are amended in accordance with regulations 5 to 7.

3. The Education (Fees and Awards) (England) Regulations 2007( 5 ) (“the Fees and Awards Regulations”) are amended in accordance with regulation 8.

4. The Education (Student Support) Regulations 2011( 6 ) (“the Student Support Regulations”) are amended in accordance with regulations 9 to 40.

Amendment of the Student Fees (Qualifying Courses and Persons) (England) Regulations 2007

5. In regulation 2 of the QCP Regulations, for the definition of “qualified teacher” substitute—

“ “qualified teacher” has the meaning given in section 132(1) of the Education Act 2002 ( 7 ) but for courses beginning on or after 1st September 2012 does not include a person who—

6. In paragraph 1 of the Schedule to the QCP Regulations—

(a) in sub-paragraph (1), in the definition of “overseas” territories, insert “St-Barthélemy” in the appropriate place;

(b) In sub-paragraph (2), for the words “includes a guardian and” substitute “means a parent, guardian or”;

(c) after sub-paragraph (2), insert—

“ (2A) For the purposes of this Schedule, a person is not to be treated as ordinarily resident in a place unless that person lawfully resides in that place. ” .

7. In paragraph 9 of the Schedule to the QCP Regulations, after sub-paragraph (1), insert—

“ (1A) Paragraph (c) of sub-paragraph (1) does not apply to a family member of an EU national where that EU national—

(a) is—

(i) a United Kingdom national who has exercised a right to reside in the territory of another Member State under Article 7(1) of Directive 2004/38; or

(ii) not a United Kingdom national; and

(b) has been ordinarily resident in the territory comprising the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course. ” .

Amendment of the Education (Fees and Awards) (England) Regulations 2007

8. In regulation 2 of the Fees and Awards Regulations—

(a) in paragraph (1), in the definition of “overseas” territories, insert “St-Barthélemy” in the appropriate place;

(b) in paragraph (3), for the words “includes a guardian and” substitute “means a parent, guardian or”;

(c) after paragraph (3), insert—

“ (3A) For the purposes of these Regulations, a person is not to be treated as ordinarily resident in a place unless that person lawfully resides in that place. ” .

Amendment of the Education (Student Support) Regulations 2011

9. In regulation 2(1) of the Student Support Regulations—

(a) in paragraph (e) of the definition of “end-on course”, for “mention” substitute “mentioned”;

(b) for the definition of “flexible postgraduate course for the initial training of teachers”, substitute—

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

(c) for the definition of “qualified teacher” substitute—

“ “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—

10. In regulation 13 of the Student Support Regulations—

(a) in paragraph (6), after the words “the student is undertaking the course in England” insert “on the first day of the first academic year”;

(b) after paragraph (6), insert—

“ (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. ” .

11. In regulation 22 of the Student Support Regulations—

(a) for paragraph (2), substitute—

“ (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 mentioned in paragraph 2, 3 or 4 of Schedule 2 or overseas equivalent, or a foundation degree course or overseas equivalent, on a full-time, part-time or full-time distance learning basis, or a compressed degree course 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 a full-time first degree course after the course referred to in paragraph (a) and before the current course. ” ;

(b) omit paragraph (6).

12. In regulation 23 of the Student Support Regulations—

(a) in paragraph (3)(a), after the words “paragraph (5)” insert “, (5A)”;

(b) after paragraph (5), insert—

“ (5A) Where the current course—

(a) began before 1st August 2012, and

(b) is provided by an institution in Northern Ireland,

the maximum amount is £3,575, or, where one of the cases in paragraph (7) applies, £1,780. ” ;

(c) in paragraph (6)(a), after the words “paragraph 5” insert “or (5A)”.

13. In regulation 38(8) of the Student Support Regulations, omit the words “all or”.

14. In regulation 41 of the Student Support Regulations—

(a) in paragraph (5), after the words “the student is undertaking the course in England” insert “on the first day of the first academic year”;

(b) after paragraph (5), insert—

“ (6) A student qualifying for a grant under this regulation 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. ” ;

(c) after paragraph (6) (inserted by paragraph (b)), insert—

“ (7) Subject to paragraph (8), the disabled students’ allowance is payable in respect of the four quarters of the academic year, except where the allowance is used for expenditure on major items of specialist equipment.

(8) Subject to paragraph (9), where one of the events listed in regulation 17(a), (b), (c), (e) (f), (g) or (h) occurs in the course of an academic year, a student may qualify for the disabled students’ allowance for the purposes specified in paragraphs (2)(a), (c) and (d) in respect of such quarters as begin after the relevant event occurs.

(9) Where the state of which the student is a national accedes to the EU the student may qualify for the disabled students’ allowance only if the student has been ordinarily resident in the United Kingdom and Islands throughout the three year period immediately preceding the first day of the first academic year of the course. ” .

15. In regulation 42 of the Student Support Regulations—

(a) in paragraph (1), after sub-paragraph (g) insert—

“ (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, a person’s taxable income from all sources computed for the purposes of—

(i) the Income Tax Acts;

(ii) the income tax legislation of another Member State which applies to the person’s income; or

(iii) where the legislation of more than one Member State applies to the period, the legislation under which the Secretary of State considers the person will pay the largest amount of tax in that period,

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

(b) after paragraph (1), insert—

“ (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 ( 10 ) 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 ( 11 ) which includes provision made by virtue of Parts 6 and 7 of that Schedule. ” ;

(c) in paragraph (2)—

(i) omit the words “subject to paragraph (3)”;

(ii) for “for the academic year in question” substitute “(for the relevant year for the purposes of regulation 44(2)(b) and for the prior financial year for the purposes of regulation 47(7))”;

(d) in paragraph (3)—

(i) before the words “Where an eligible student” insert “Subject to paragraph (3A),”;

(ii) for the words “net income is the net income calculated in accordance with paragraph (2)”, substitute “residual income is”;

(e) after paragraph (3), insert—

“ (3A) Paragraph (3) applies where—

(a) the current course begins before 1st August 2013;

(b) the student transfers to the current course pursuant to regulation 7 on or after 1st August 2013 from a designated course beginning before 1st August 2013;

(c) the current course is a full-time honours degree course beginning on or after 1st August 2013 which, disregarding any intervening vacation, the student begins immediately after ceasing to attend a full-time course mentioned in paragraph 2, 3 or 4 of Schedule 2 or a full-time foundation or ordinary degree course, which started on or after 1st September 2012, having achieved a qualification; or

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

(f) after paragraph (4), insert—

“ (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 (8), (9) and (10) of paragraph 5), references to the parent being construed as references to the eligible student’s adult dependants. ” .

16. In regulation 44(2)(b) of the Student Support Regulations, after the words “net income” insert “for the relevant year”.

17. In regulation 45(5) of the Student Support Regulations, for “paragraph (6)” substitute “paragraphs (6) and (8)”.

18. After regulation 45(7) insert—

“ (8) Where A’s application for a childcare grant does not identify a childcare provider, the Secretary of State may limit—

(a) the amount of grant paid to A to the amount specified in paragraph (9), and

(b) payment of the grant to one quarter of the academic year,

until A has submitted details of the childcare provider to the Secretary of State.

(9) In paragraph (8), the amount of childcare grant is 85 per cent of the prescribed childcare charges, subject to a maximum amount of £115 per week.

(10) Subject to paragraph (8) and (11), a childcare grant is payable in respect of the four quarters of the academic year.

(11) Subject to paragraph (12), where one of the events listed in regulation 17(a), (b), (c), (e), (f), (g) or (h) occurs in the course of an academic year, a student may qualify for a childcare grant in respect of such quarters as begin after the relevant event occurs.

(12) Where the state of which the student is a national accedes to the EU the student may qualify for the childcare grant only if the student has been ordinarily resident in the United Kingdom and Islands throughout the three year period immediately preceding the first day of the first academic year of the course. ” .

19. For regulation 47(7) of the Student Support Regulations, substitute—

“ (7) In this regulation—

A is the aggregate of—

(a) the residual income of the eligible student’s partner for the prior financial year;

(b) the residual income of the eligible student’s adult dependants for the prior financial year; and

(c) subject to paragraph (7B), (7C) or (7D), the net income of the eligible student’s dependent children for the prior financial year”.

Where the student begins the course before 1st August 2013, B is—

(a) £1,159 where the eligible student has no dependent child;

(b) £3,473 where the eligible student is not a lone parent and has one dependent child;

(c) £4,627 where the eligible student—

(i) is not a lone parent and has more than one dependent child; or

(ii) is a lone parent and has one dependent child;

(d) £5,792 where the eligible student is a lone parent and has more than one dependent child.

Where the student begins the course on or after 1st August 2013, B is—

(a) £6,159 where the eligible student has no dependent child;

(b) £8,473 where the eligible student is not a lone parent and has one dependent child;

(c) £9,627 where the eligible student—

(i) is not a lone parent and has more than one dependent child; or

(ii) is a lone parent and has one dependent child;

(d) £10,792 where the eligible student is a lone parent and has more than one dependent child.

(7A) For the purposes of paragraph (7), the current course is treated as beginning before 1st August 2013 in relation to a student “A” where —

(a) A transfers to the current course pursuant to regulation 7 on or after 1st August 2013 from a designated course beginning before 1st August 2013;

(b) the current course is a full-time honours degree course beginning on or after 1st August 2013 which, disregarding any intervening vacation, A begins immediately after ceasing to attend a full-time course mentioned in paragraph 2, 3 or 4 of Schedule 2 or a full-time foundation or ordinary degree course, which started on or after 1st September 2012, having achieved a qualification; or

(c) the current course is an end-on course of the kind described in paragraph (e) of the definition of an end-on course in regulation 2.

(7B) Where the Secretary of State is satisfied that the net income of the eligible student’s dependent children in the financial year beginning immediately before the relevant year (“the current financial year”) is likely to be not more than 85 per cent of the sterling value of their net income in the prior financial year the Secretary of State may, for the purpose of enabling the eligible student to attend the course without hardship, ascertain the dependent children’s net income for the current financial year.

(7C) In the event that paragraph (7B) or this paragraph is applied in the previous academic year of the current course and the Secretary of State is satisfied that the net income of the eligible student’s dependent children in the financial year beginning immediately before the relevant year (“the current financial year”) is likely to be not more than 85 per cent of the sterling value of their net income in the previous financial year the Secretary of State may, for the purpose of enabling the eligible student to attend the course without hardship, ascertain the dependent children’s net income for the current financial year.

(7D) In an academic year immediately following one in which the Secretary of State has ascertained the eligible student’s dependent children’s net income for the current financial year under paragraph (7B) and, where applicable, under sub-paragraph (7C) the Secretary of State must ascertain the dependent children’s net income in the preceding financial year. ” .

20. After regulation 49 of the Student Support Regulations, insert—

“ 49A. —(1) Subject to paragraph (2), a grant for travel is payable in respect of the four quarters of the academic year.

(2) Subject to paragraph (3), where one of the events listed in regulation 17(a), (b), (c), (e), (f), (g) or (h) occurs in the course of an academic year, a student may qualify for a grant for travel in respect of such quarters as begin after the relevant event occurs.

(3) Where the state of which the student is a national accedes to the EU the student may qualify for the grant for travel only if the student has been ordinarily resident in the United Kingdom and Islands throughout the three year period immediately preceding the first day of the first academic year of the course. ” .

21. After regulation 56(4) of the Student Support Regulations, insert—

“ (5) Subject to paragraph (6), a maintenance grant is payable to a qualifying student in respect of the four quarters of the academic year.

(6) Subject to paragraph (7), where one of the events listed in regulation 17 (a), (b), (c), (e), (f), (g) or (h) occurs in the course of an academic year, a student may qualify for a maintenance grant in respect of such quarters as begin after the relevant event occurs.

(7) Where the state of which the student is a national accedes to the EU the student may qualify for the maintenance grant only if the student has been ordinarily resident in the United Kingdom and Islands throughout the three year period immediately preceding the first day of the first academic year of the course. ” .

22. In regulation 60(5) of the Student Support Regulations, for “009” substitute “2009”.

23. After regulation 61(4) of the Student Support Regulations, insert—

“ (5) Subject to regulation (6), a special support grant is payable in respect of the four quarters of the academic year.

(6) Subject to paragraph (7), where one of the events listed in regulation 17 (a), (b), (c), (e), (f), (g) or (h) occurs in the course of an academic year, a student may qualify for a special support grant in respect of such quarters as begin after the relevant event occurs.

(7) Where the state of which the student is a national accedes to the EU the student may qualify for the special support grant only if the student has been ordinarily resident in the United Kingdom and Islands throughout the three year period immediately preceding the first day of the first academic year of the course. ” .

24. In regulation 62(5)(b) of the Student Support Regulations, for “£34,669” substitute “£34,699”.

25. In regulation 64(1) and (2) of the Student Support Regulations, for the words “maintenance grant” substitute “special support grant”.

26. In regulation 75(5)(i) of the Student Support Regulations, for “£553” substitute “£567”.

27. In regulation 124 of the Student Support Regulations—

(a) in paragraph (3), after the words “the student is undertaking the course in England” insert “on the first day of the first academic year”;

(b) after paragraph (3), insert—

“ (3A) A student undertaking a designated distance learning course will no longer qualify for support in respect of that course if, after the first day of the first academic year, the Secretary of State considers that the student is undertaking the course outside the United Kingdom. ” .

28. In regulation 127 of the Student Support Regulations—

(a) in paragraph (3), after the words “the student is undertaking the course in England” insert “on the first day of the first academic year”.

(b) after paragraph (3), insert—

“ (3A) A student qualifying for a grant under this regulation will no longer qualify for the grant if the Secretary of State considers that the student is undertaking the course outside the United Kingdom. ” ;

(c) after paragraph (5) insert—

“ (6) Subject to paragraph (7), the grant under this regulation is payable in respect of the four quarters of the academic year, except where it is used for expenditure on major items of specialist equipment.

(7) Where regulation 121(3) applies, a student may qualify for the grant under this regulation for the purposes specified in paragraphs (5)(a), (c) or (d) in respect of such quarters as begin after the relevant event occurs. ” .

29. In regulation 141 of the Student Support Regulations—

(a) in paragraph (3), after the words “in respect of a course” insert “(other than a distance learning course)”;

(b) after paragraph (3) insert—

“ (3A) Where an eligible part-time student is undertaking a part-time distance learning course, the student does not qualify for support under this regulation 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.

(3B) A student qualifying for support under this regulation in respect of a part-time distance learning course will no longer qualify support in respect of that course if the Secretary of State considers that the student is undertaking the course outside the United Kingdom. ” .

30. In regulation 144 of the Student Support Regulations—

(a) in paragraph (2), after “25%” insert “of an equivalent full-time course”;

(b) for paragraph (3), substitute—

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

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

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

(c) after paragraph (3), insert—

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

(d) in paragraph (4), before the words “an eligible part-time student” insert “subject to paragraph (6)”;

(e) in paragraph (6), for the words “an eligible part-time student is not prevented from qualifying for fee support under this regulation” substitute “paragraph (4) does not apply”.

31. In regulation 147 of the Student Support Regulations—

(a) in paragraph (4), after “25%” insert “of an equivalent full-time course”;

(b) after paragraph (6) insert—

“ (7) Subject to paragraph (8), the grant under this regulation is payable in respect of the four quarters of the academic year, except where the allowance is used for expenditure on major items of specialist equipment.

(8) Where one of the events listed in regulation 138(4)(a), (b). (e), (f), (g), (h) or (i) occurs in the course of an academic year, a student may qualify for the grant under this regulation for the purposes specified in paragraph (6)(a), (c) or (d) in respect of such quarters as begin after the relevant event occurs. ” .

32. In regulation 149 of the Student Support Regulations—

(a) in paragraph (4)(b), delete the words “and has undertaken at least two weeks of the course”;

(b) for paragraph (5) substitute—

“ (5) In this Part, “declaration” in respect of a course starting on or after 1st September 2012 means a statement that—

(a) provides the course information; and

(b) confirms that the applicant has undertaken at least two weeks of the designated part-time course in respect of which the applicant is applying for support. ” ;

(c) in paragraph (7), after “25%” insert “of an equivalent full-time course”.

33. In regulation 157 of the Student Support Regulations, for the words “fee support”, substitute “fee loan support” in both places where they appear.

34. In regulation 159(9) of the Student Support Regulations, after “25%” insert “of an equivalent full-time course”.

35. After regulation 166(3) of the Student Support Regulations insert—

“ (4) Subject to paragraph (5), the grant under this Part is payable in respect of the four quarters of the academic year, except where the grant is used for expenditure on major items of specialist equipment as provided for in paragraph (3)(b).

(5) Where one of the events listed in regulation 160(2) occurs in the course of an academic year, a student may qualify for a grant under this Part in respect of such quarters as begin after the relevant event occurs, except where the grant is used for the type of expenditure specified in paragraph 3(b). ” .

36. In paragraph 1 of Schedule 1 to the Student Support Regulations—

(a) in sub-paragraph (2), for the words “includes a guardian and” substitute “means a parent, guardian or”;

(b) after sub-paragraph (2) insert—

“ (2A) For the purposes of this Schedule, a person is not to be treated as ordinarily resident in a place unless that person lawfully resides in that place. ” .

37. In paragraph 10 of Schedule 1 to the Student Support Regulations, in sub-paragraph (2), for the words “EY national” substitute “EU national”.

38. In Schedule 4 to the Student Support Regulations, in sub-paragraph (2)(a) of paragraph 3, for the words “paragraph 5(9)”, substitute “paragraph 5(10)” wherever they appear.

39. The Schedule to these Regulations has effect to substitute the figure in the third column of the table for the figure in the second column where they appear in the regulations of the Student Support Regulations set out in the first column.

Regulation 39

SCHEDULE NEW PAYMENT RATES FOR MAINTENANCE GRANTS, SPECIAL SUPPORT GRANTS AND GRANTS FOR DISTANCE LEARNING AND PART-TIME COURSES