Part 1 General

Citation, commencement, extent and application

1.—(1) These Regulations—

(a)may be cited as the Lifelong Learning (Student Support) (Amendment of Fees and Awards etc.) Regulations 2026,

(b)come into force on 1st September 2026,

(c)extend to England and Wales, and

(d)apply in relation to England.

(2) These Regulations apply to higher education courses that begin on or after 1st January 2027.

Amendments to application of other subordinate legislation

2.—(1) This regulation makes amendments in accordance with paragraphs (2) and (3).

(2) In the 2011 Student Support Regulations(2)—

(a)in regulation 1—

(i)in paragraph (3), at the start, for “These Regulations” substitute “Subject to paragraph (4), these Regulations”;

(ii)after paragraph (3), insert—

“(4) In relation to higher education courses that begin on or after 1st January 2027, these Regulations only apply for the purposes of Part 12 of these Regulations (support for postgraduate students with disabilities).”;

(b)in regulation 4, for paragraph (7A) substitute—

“(7A) A person (“A”) is not an eligible student if A is enrolled on a course which is designated under—

(a)regulation 4 of the Education (Postgraduate Master’s Degree Loans) Regulations 2016(3),

(b)regulation 4 of the Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 2018(4), or

(c)regulation 10 or 11 of the Lifelong Learning (Student Support) (Amendment of Fees and Awards etc.) Regulations 2026,

and is receiving support under any of those sets of Regulations for that course.”;

(c)in regulation 137, for paragraph (3B) substitute—

“(3B) A person (“A”) is not an eligible part-time student if A is enrolled on a course which is designated under—

(a)regulation 4 of the Education (Postgraduate Master’s Degree Loans) Regulations 2016,

(b)regulation 4 of the Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 2018, or

(c)regulation 10 or 11 of the Lifelong Learning (Student Support) (Amendment of Fees and Awards etc.) Regulations 2026,

and is receiving support under any of those sets of Regulations for that course.”.

(3) In the Further Education Loans Regulations 2012(5), in regulation 1—

(a)in paragraph (3), at the start, for “These Regulations” substitute “Subject to paragraph (4), these Regulations”;

(b)after paragraph (3), insert—

“(4) From 1st January 2027, these Regulations only apply in relation to the provision of fee loans to students in connection with a further education course—

(a)that is at the level of an Access to Higher Education Diploma;

(b)that is at a level higher than an Access to Higher Education Diploma—

(i)if the course is provided by an unregistered provider, or

(ii)if the course is provided by a registered provider and begins before 1st January 2027.

(5) For the purposes of paragraph (4)(b), a registered provider is an English higher education provider that is registered with the Office for Students under section 3 of the Higher Education and Research Act 2017 and an unregistered provider is a provider not so registered.

(6) A course is not designated for the purposes of these Regulations (on which see regulation 4) if it is designated for the purposes of the Lifelong Learning (Student Support) (Amendment of Fees and Awards etc.) Regulations 2026.”.

Interpretation

3. Schedule 1 (interpretation) contains definitions.

Meaning of “higher education course”, “module”, “credits” and related provision

4. —(1) This regulation defines “ higher education course ” (in accordance with section 28(1) of the 1998 Act), prescribes the meaning of “ module ” in relation to a higher education course (in accordance with section 28A(2ZA) of the 1998 Act), defines “credits”, and makes related provision for the purposes of these Regulations.

(2) A “higher education course” is a course which is of a level higher than an Access to Higher Education Diploma, where an Access to Higher Education Diploma is a qualification that is specifically designed to prepare persons for study at university.

(3) A “module” is the smallest unit of learning within a higher education course that has an associated assessment (which may include examinations, essays, projects and other methods of evaluation).

(4) Where a course designated by or under these Regulations was, immediately before the coming into force of these Regulations, designated under the Further Education Loans Regulations 2012 , that course is to be treated as coming within the meaning of “ higher education course ” for the purposes of these Regulations.

(5) “ Credits ” means units used to signify the total amount of learning time that a student would ordinarily be expected to spend in order to complete a particular course or part of it.

(6) Each attached credit denotes 10 notional learning hours.

Meaning of “course designation event”, “in-year qualifying event”, “protected category event”, “settled status event”, “module designation event” and related provision

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

(2) A “ course designation event ”, in relation to a course, means any of the following—

(a)the course becomes designated under regulation 10(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 course, a Scottish designated course or a Welsh designated course;

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

(3) An “ in-year qualifying event ”, in relation to a student, means any of the following—

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

(b)a settled status event;

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

(d)the student becomes a person described in paragraph 4(1)(a) of Schedule 2;

(e)the student becomes a person described in paragraph 12(1)(a) of Schedule 2;

(f)the student becomes a person described in paragraph 16(1)(a)(ii) of Schedule 2;

(g)the student becomes a person described in paragraph 22(a) of Schedule 2.

(4) A “ protected category event ”, in relation to a student, means any of the following—

(a)the student or the student’s spouse, civil partner or parent becomes 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 enter or 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;

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

(5) A “ settled status event ”, in relation to a student, means—

(a)the student becomes a person described in paragraph 3 or 18 of Schedule 2, or

(b)the student becomes a family member described in paragraph 15(1)(a), 19(1)(a), 20(1)(a) or 20(2)(a) of Schedule 2.

(6) Where a course designation event under paragraph (2)(b) occurs, this only has effect in relation to a student who is undertaking an ALL-transfer course or a course for an approved HTQ if the course start date is after the date on which the course provider becomes a registered provider.

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

(8) The student is to be treated, for the purposes of determining whether the student satisfies any requirement in Schedule 2 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.

(9) A “ module designation event ”, in relation to a module, means—

(a)the module becomes designated under regulation 11(4), or

(b)the English higher education provider that is providing the module becomes a registered provider.

(10) Where the following provisions refer to a course designation event, they are to be taken to apply in the same way to a module designation event—

(a)regulation 17(3) (time limits for applications);

(b)regulation 31(8) (students becoming eligible during the course year);

(c)regulation 42(2) and (4) (students qualifying for a loan for living costs during a course year);

(d)regulation 60(2) and (5) (students qualifying for a supplementary grant during a course year);

(e)regulation 82(1) (grants for dependants - changes during a course year).

Recognition of initial further education teacher training courses

6.—(1) The list of courses which are, in the opinion of the Secretary of State, initial further education teacher training courses is the list as published from time to time by the Secretary of State under regulation 2B of the 2011 Student Support Regulations.

(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 Secretary of State from time to time.

Part 2 Eligibility, designation and cap on overall support

Eligible students

7.—(1) An eligible student qualifies for support in connection with a designated course.

(2) Subject to regulation 8, a person (“ A ”) is an eligible student in connection with a designated course if, in assessing A’s application for support, the Secretary of State determines that either—

(a)A falls within one of the categories set out in Part 2 of Schedule 2 (eligible students: categories), or

(b)A is a returning student.

(3) In connection with a course beginning on or after 1st January 2028, paragraph (2) has effect as if Part 2 of Schedule 2 did not contain paragraphs 14, 16, 17 and 20.

(4) For the purposes of paragraph (2)(b), A is a returning student if—

(a) A is awarded support under these Regulations in connection with a course which began before the current course (with the earlier course being referred to in this regulation as “ the previous course ”),

(b)the current course began on a date that fell within the period of eligibility of the previous course,

(c)there has been no relevant change in A’s circumstances since A was determined to be an eligible student in connection with the previous course.

(5) For the purposes of paragraph (4)(c)—

(a)there is a relevant change in A’s circumstances if—

(i)A was a person described in Schedule 2 for the purposes of the previous course by virtue of being ordinarily resident in England, and A has ceased to be ordinarily resident in England, or

(ii)any provision in Schedule 3 (termination of eligibility due to change of circumstances) applies to A, and

(b)this change in A’s circumstances applies immediately before the first day of the course year of the current course.

Eligibility - exceptions

8. —(1) A person (“ A ”) is not an eligible student if—

(a)A is—

(i)enrolled on a course that is designated under the 2011 Student Support Regulations and is receiving support under those Regulations other than postgraduate disabled students’ allowance;

(ii)enrolled on a course that is designated under the Student Support (Scotland) Regulations 2022(6), other than a course designated under any of paragraphs 7A to 7C of Schedule 4 to those Regulations, and is receiving support under those Regulations;

(iii)enrolled on a course that is designated under the Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009(7), other than a course designated under Part 12 or 13 of those Regulations, and is receiving support under those Regulations;

(iv)enrolled on a course that is designated under the Education (Student Support) (Wales) Regulations 2017(8), other than a course designated under Part 13 of those Regulations, and is receiving support under those Regulations;

(v)enrolled on a course that is designated under the Education (Student Support) (Wales) Regulations 2018(9), other than a course designated under Schedule 4 to those Regulations, and is receiving support under those Regulations;

(b)A is in breach of an obligation to repay a loan;

(c)A has reached the age of 18 years and has not ratified an agreement for a loan made with A when A was under the age of 18 years (other than an excluded agreement);

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

(e)subject to paragraph (2), A is a prisoner.

(2) Paragraph (1)(e) does not apply—

(a)where A is an eligible prisoner, or

(b)in respect of a course year during which A enters prison or is released from prison.

(3) For the purposes of paragraph (1)—

(a) “ postgraduate disabled students’ allowance ” means the grant payable under Part 12 of the 2011 Student Support Regulations;

(b) “ loan ” means a loan made under any provision of the student loans legislation;

(c) “ excluded agreement ” means an agreement for a loan which is subject to the law of Scotland and was made—

(i)on or after 25th September 1991, or

(ii)before that date, without the concurrence of the borrower’s curator or at a time when the borrower had no curator.

(4) In paragraph (3)(b), “ student loans legislation ” means—

(a)the Education (Scotland) Act 1980;

(b)the Education (Student Loans) Act 1990;

(c)the Education (Student Loans) (Northern Ireland) Order 1990;

(d)the Education (Student Support) (Northern Ireland) Order 1998;

(e)regulations made under—

(i)either of the Acts or either of the Orders referred to in paragraphs (a) to (d), or

(ii)under the 1998 Act.

(5) In paragraph (3)(c)(ii), “ borrower ” means an eligible student to whom a fee loan has been made.

The ALL-transfer Courses List, the Gateway Courses List, and the Module Approved Subject and Provider List

9.—(1) The Secretary of State must publish from time to time in such a manner as the Secretary of State sees fit—

(a) a list of higher education courses called “the ALL-transfer Courses List”,

(b) a list of higher education courses called “the Gateway Courses List”, and

(c) a list of subjects and providers called “the Module Approved Subject and Provider List”.

(2) The Secretary of State may approve for inclusion in the ALL-transfer Courses List any higher education course—

(a)that is not a gateway course,

(b)that leads to a level 4, 5 or 6 qualification, and

(c)that was, immediately before the coming into force of these Regulations, approved for funding by way of an advanced learner loan.

(3) The Secretary of State may approve for inclusion in the Gateway Courses List any higher education course—

(a)that is not an ALL-transfer course or a course for an approved HTQ,

(b)that leads to a level 4, 5 or 6 qualification, and

(c)that is regulated by Ofqual.

(4) If a course on either the ALL-transfer Course List or the Gateway Course List is also a Schedule 4 course, it is to be treated as an ALL-transfer course or a gateway course (as the case may be) for the purposes of designation under regulation 10.

(5) The Secretary of State may approve for inclusion in the Module Approved Subject and Provider List—

(a)subjects, and

(b)providers,

which the Secretary of State considers appropriate to allow for module designation under regulation 11, in the event that the full course meets the conditions referred to in regulation 10.

(6) In relation to the Module Approved Subject and Provider List, the Secretary of State must publish from time to time in such a manner as the Secretary of State sees fit requirements to be met by a provider in order for the provider to be approved to offer designated modules.

(7) The Secretary of State may revoke or suspend an approval given under this regulation.

Designation of courses

10.—(1) A higher education course is a designated course for the purposes of section 22(1) of the 1998 Act and these Regulations if it meets the conditions in paragraph (2) or comes within paragraph (6) or (7).

(2) The conditions are—

(a)it must be a Schedule 4 course, an ALL-transfer course, or a gateway course;

(b)it must deliver at least 30 credits, unless it is an ALL-transfer course (in which case it must deliver at least one credit);

(c)in the case of an ALL-transfer course or a gateway course, it must have credits attached;

(d)it must be substantially provided in the United Kingdom (meaning at least half the teaching and supervision which comprises the course must be provided in the United Kingdom);

(e)in the case of a Schedule 4 course other than a course for an approved HTQ, it must be—

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

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

(iii)wholly provided by an authority-funded institution in Scotland or Northern Ireland, or by a regulated institution in Wales,

(iv)provided by an institution in Scotland, Northern Ireland or Wales on behalf of a registered provider in England,

(v)provided by an authority-funded institution in Scotland or Northern Ireland or by a regulated institution in Wales, in conjunction with an institution which is situated outside the United Kingdom,

(vi)provided by a registered provider in England on behalf of an authority-funded institution in Scotland or Northern Ireland or a regulated institution in Wales, or

(vii)provided by a publicly funded institution in Scotland, Northern Ireland or Wales, on behalf of an authority-funded institution in Scotland or Northern Ireland or a regulated institution in Wales;

(f)in the case of a course in England that is a course for an approved HTQ, an ALL-transfer course or a gateway course, it must be (noting the provision in regulation 5(6))—

(i)provided by a registered provider, or

(ii)provided by a registered or an unregistered provider on behalf of a registered provider;

(g)in the case of a course that falls within paragraph 1, 2, 4, 6, 7, 8, 9, or 10 of Schedule 4—

(i)it must lead to an award (meaning any degree, diploma, certificate or other academic award or distinction) granted or to be granted by a body falling within section 214(2)(za), (zb), (a) or (b) of the Education Reform Act 1988(10), and

(ii)the teaching and supervision which comprise the course must have been approved by that body;

(3) For the purposes of paragraph (2)(e) and (f)—

(a)a course is provided by an institution if the institution 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,

(b)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(11), and

(c)a course is not to be regarded as provided on behalf of an authority-funded educational institution or a regulated 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.

(4) Subject to regulation 12(1)(d), 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.

(5) Paragraph (4) 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.

(6) Each of the following is also a designated course—

(a)a Northern Irish designated course;

(b)a Scottish designated course;

(c)a Welsh designated course.

(7) The Secretary of State may from time to time—

(a)designate a higher education course that is not designated under paragraph (2), subject to such conditions as the Secretary of State sees fit, and

(b) publish in such a manner as the Secretary of State sees fit a list of the courses that are so designated (to be known as “ the Courses Designated by Letter List ”), less the related conditions.

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

(9) This regulation is to be read subject to regulation 12 (designation: exceptions).

(10) In this regulation, “ authority-funded ” means—

(a)in relation to an educational institution in Scotland, maintained or assisted by recurrent grants from the Scottish Funding Council;

(b)in relation to an educational institution in Northern Ireland, maintained or assisted by recurrent grants from the Department for the Economy in Northern Ireland or the Department for Agriculture, Environment and Rural Affairs in Northern Ireland.

Designation of modules

11.—(1) A module is a designated module, and is to be treated as a designated course for the purposes of—

(a)section 22(1) of the 1998 Act, and

(b)these Regulations, other than regulations 4(3), 5(9), 9, 23(3)(e) and this regulation,

if it meets the conditions in paragraph (2) or comes within paragraph (4).

(2) The conditions are—

(a)the module must be part of a full course that—

(i)is a Schedule 4 course,

(ii)is in a subject that is listed in the Module Approved Subject and Provider List, unless the full course is a course for an approved HTQ,

(iii)is provided by a provider that is listed in the Module Approved Subject and Provider List, and

(iv)leads to a level 6 qualification or an approved HTQ,

(b)the module must have—

(i)credits attached,

(ii)a value of at least 30 credits, and

(iii)the same credit value as when taken as part of the full course,

(c)the content of the module must be of level 4, 5 or 6, or a mixture of these, with a single overall attributed level based on the judgment of the provider, and which is the same as when the module is taken as part of the full course,

(d)the module must be provided—

(i)by the same institution that provides the full course of which it is a part, and

(ii)wholly by a registered provider in England, or by a registered provider in England in conjunction with an institution which is situated outside the United Kingdom, and

(e) a standardised transcript must be available for provision to students who complete the module, with “standardised transcript” meaning that the transcript must accord with guidance issued by the Secretary of State (whether before or after these Regulations are made) on transcripts for modules covered by these Regulations.

(3) For the purposes of paragraph (2)(d)(i), a module is provided by an institution if the institution provides the teaching and supervision which comprise the module.

(4) The Secretary of State—

(a)may designate a module of a full course that is a designated higher education course, where the module has credits attached and—

(i)is in a subject that is listed in the Module Approved Subject and Provider List, but is provided by a provider that is not on that list,

(ii)is provided by a provider that is listed in the Module Approved Subject and Provider List, but is in a subject that is not on that list, or

(iii)is in a subject that is not listed in the Module Approved Subject and Provider List, and is provided by a provider that is not on that list,

in each case subject to such conditions as the Secretary of State sees fit, and

(b) must publish in such a manner as the Secretary of State sees fit a list of full courses the modules of which are designated under sub-paragraph (a) (to be known as “ the Modules Alternative Approvals List ”), comprising two parts as follows—

(i) Part 1 (to be headed “Alternative Entry Mechanism Approvals”): listing full courses, and associated providers, that come within sub-paragraph (a)(i), and

(ii) Part 2 (to be headed “Specific Approvals”): listing specific modules from full courses, and associated providers, that come within sub-paragraph (a)(ii) or (iii),

in each case less the related conditions.

(5) A bundle of modules is a “designated bundle of modules”, and is to be treated as a designated module for the purposes of section 22(1) of the 1998 Act and these Regulations, if taken together the modules comprising the bundle of modules meet the conditions in paragraph (2) or come within paragraph (4).

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

(7) This regulation is to be read subject to regulation 12 (designation: exceptions).

Designation - exceptions

12.—(1) A course is not a designated course if any of the following apply—

(a)in the case of a postgraduate pre-registration course—

(i)it is a distance learning course, or

(ii)it is less than two course years long;

(b)in the case of a course falling within paragraph 6 or 7 of Schedule 4—

(i)the governing body of a maintained school or of an Academy has arranged for the provision of the course to a pupil of the school or Academy respectively, or

(ii)the course is less than one year long;

(c)the course is taken as part of an employment-based teacher training scheme;

(d)in the case of a first degree course (other than a graduate entry accelerated programme or a graduate entry veterinary course)—

(i)it leads to the award of a professional qualification, and

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

(e)it is a UK dual degree programme;

(f)its designation has been revoked or suspended under regulation 10(8) or 11(6).

(2) In paragraph (1)(b)(i)—

(a) “ Academy ” means a school to which Academy arrangements under section 1 of the Academies Act 2010 ( 12 ) relate;

(b) “ maintained school ” means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school.

(3) In paragraph (1)(e), “ 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—

(a)medical doctor,

(b)dentist,

(c)veterinary surgeon,

(d)architect,

(e)landscape architect,

(f)landscape designer,

(g)landscape manager,

(h)town planner, or

(i)town and country planner.

Period of eligibility

13.—(1) A student’s status as an eligible student in connection with a designated course—

(a)begins on the course start date, and

(b)is retained until the status terminates in accordance with this regulation or Schedule 3 (termination of eligibility due to change of circumstance).

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

(3) Subject to paragraphs (4) to (6) and Schedule 3, the period of eligibility terminates—

(a)where a course lasts for more than 12 months, at the end of the course year in which the student completes the course;

(b)where a course lasts for 12 months or less, 12 months after the course start date.

(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 will not transfer, A’s status as an eligible student under regulation 14, 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) Where the period of eligibility terminates—

(a)before the end of the course year in which the student would complete the course, or

(b)within 12 months of the course start date, in the case of a course that lasts 12 months or less,

the Secretary of State may at any time renew the period of eligibility for such period as the Secretary of State considers appropriate.

Transfer of status

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

(a)the Secretary of State receives a request from A to do so, and

(b)the period of eligibility has not terminated.

(2) After the transfer has taken place, the Secretary of State must reassess the amount of support to which A is entitled in relation to the course from which A has transferred.

Cap on overall support in relation to a service year

15. —(1) An eligible student does not qualify for any support in relation to a course year (“course year A”) if—

(a)the credit value of course year A exceeds 180, or

(b) the eligible student has applied, and qualified, for any support in relation to one or more course years of other courses (“the other course year or years”) where—

(i)course year A and the other course year or years all begin in the same service year, and

(ii)the combined credit value of course year A and the other course year or years exceeds 180.

(2) Paragraph (1) applies regardless of whether the provider in relation to any of the courses undertaken by the eligible student is an English higher education provider or is an institution in Scotland, Northern Ireland or Wales.

(3) An eligible student’s entitlement to support under Parts 4, 5 and 6 is subject to paragraph (1).

Part 3 Applying for support, provision of information, and loan contracts

Chapter 1 Applications

Applications for support

16. —(1) A person (referred to in this Part as “ the applicant ”) must apply for support in relation to each course 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) Where an applicant is applying for support in relation to more than one course in the same service year, the applicant may submit a single application in respect of support for multiple courses.

(3) An applicant must apply for support in relation to each course year of each designated course for which support is required.

(4) The Secretary of State may take such steps and make such inquiries as the Secretary of State considers necessary to determine, in relation to each course or each course year for which the applicant applies for support—

(a)whether the applicant is an eligible student,

(b)whether the applicant qualifies for support, and

(c)the amount of support payable, if any.

(5) 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 each course year to which their application for support relates.

Time limits

17.—(1) The general rule is that—

(a)in the case of a course that lasts less than 12 months, an application for support must reach the Secretary of State by the earlier of—

(i)the end of the ninth month of the course year in which the course starts, or

(ii)the end date of the course;

(b)in the case of a course that lasts 12 months or longer, an application for support must reach the Secretary of State by the earlier of—

(i)the end of the ninth month of the course year in respect of which the applicant is applying for support, or

(ii)the end date of the course.

(2) The general rule does not apply where any of paragraphs (3) to (11) apply.

(3) Where an in-year qualifying event or a course designation event occurs after the first day of the course year in respect of which the applicant is applying for support, the application must reach the Secretary of State by the earlier of—

(a)the end of the period of nine months that begins with the day on which the event occurred, or

(b)the end date of the course.

(4) Where the applicant is making a separate application for a fee loan or for a loan for living costs or is applying for an additional amount of fee loan and paragraph (5) or (6) applies, or where the applicant is applying for an additional amount of loan for living costs and paragraph (7) applies, the application must reach the Secretary of State by the earlier of—

(a)one month before the end of the course year to which the application relates, or

(b)the end date of the course.

(5) If a student's status as an eligible student is transferred from one designated course to another under regulation 14, the student may apply to borrow an additional amount by way of a fee loan in respect of the course year of the course to which that student transfers.

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

(7) Where a student has applied for a loan for living costs of less than the maximum amount to which the student is entitled in relation to the course year, the student may apply to borrow an additional amount which, when added to the amount already applied for, does not exceed the maximum applicable in the student's case.

(8) Where the applicant is applying to borrow an additional amount of loan for living costs in the circumstances set out in paragraph (9), the application must reach the Secretary of State by the later of—

(a)one month before the end of the course year to which the application relates, or

(b)within a period of one month beginning with the day on which the applicant receives notice of the increased maximum amount.

(9) The circumstances are—

(a)the Secretary of State determines that the maximum amount of loan for living costs in relation to a course year should be increased (including an increase from nil) as a result of a reassessment of the student's household income under Schedule 7 or otherwise, and

(b)the Secretary of State considers that the increase in the maximum amount of the loan in question does not result from the eligible student—

(i)failing to provide information promptly, which might affect the student's ability to qualify for the loan or loans in question or the amount of loan or loans in question for which the student qualifies, or

(ii)providing information that is inaccurate in any material particular.

(10) Where the applicant is applying for the disabled students’ allowance, the application must reach the Secretary of State as soon as is reasonably practicable.

(11) Where the Secretary of State considers that, having regard to the circumstances of the particular case, the time limit should be relaxed, the application must reach the Secretary of State no later than such date as the Secretary of State specifies.

Chapter 2 Information provision

Information

18.—(1) Schedule 5 (information) sets out requirements regarding the provision of information.

(2) If the Secretary of State is satisfied that an eligible student has failed to comply with a 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 amounts of support;

(c)treat any support paid to the student as an overpayment which may be recovered under Chapter 4 (overpayments) of Part 7 (payments).

Chapter 3 Loan contracts

Requirement to enter into a contract for a loan

19.—(1) To receive a loan for a designated course, a student must enter into a loan contract with the Secretary of State in respect of that course.

(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.

Chapter 4 Declarations provided by academic authorities

Declarations provided by academic authorities in respect of fee loans

20.—(1) Subject to paragraph (2), an academic authority must complete a declaration in relation to an application for a fee loan in such form as may be required by the Secretary of State.

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

(3) In this regulation, “ declaration ” means—

(a)a statement—

(i)that provides the course information, and

(ii)that confirms that the applicant has undertaken at least two weeks of the designated course in respect of which the applicant is applying for support under Part 4;

(b)certification by the academic authority that it considers that it will be possible for the applicant to complete the course year in accordance with the minimum intensity requirement in regulation 31(5).

(4) For the purposes of paragraph (3)(a), “ course information ” means—

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

(b)certification by the academic authority that it considers the course to be a designated course;

(c)the credit value of each activity within—

(i)the course year, and

(ii)the course as a whole; and

(d)the first day of the first term week in respect of the course year and the last day of the last term week in respect of the course year.

(5) For the purposes of paragraph (3)(b), the academic authority must have regard to—

(a)any increase in intensity of study that would be required for the applicant to complete the course year in accordance with the minimum intensity requirement referred to in paragraph (3)(b), and

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

Declarations provided by academic authorities in respect of loans for living costs and supplementary grants

21.—(1) Subject to paragraph (2), an academic authority must complete a declaration in relation to an application for a loan for living costs or supplementary grants (or both) in such form as may be required by the Secretary of State.

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

(3) In this regulation, “ declaration ” means a statement that provides, for the purposes of this Part and Parts 5 and 6—

(a)confirmation by the academic authority of—

(i)the first day of the first term week in respect of the course year and the last day of the last term week in respect of the course year, and

(ii)the number of credits which the eligible student is likely to obtain in each course year of the course; and

(b)certification by the academic authority that it considers that it will be possible for the applicant to complete the course in accordance with the minimum study intensity requirement in regulation 40(3), 61(2), 65(2), 75(2), 76(2) or 77(2).

(4) For the purposes of paragraph (3)(b), the academic authority must have regard to—

(a)any increase in intensity of study that would be required for the applicant to complete the course within the period specified in paragraph (3)(b), and

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

Part 4 Fee loans

Chapter 1 Entitlement to fee loans

Lifetime entitlement

22. —(1) For the purposes of section 22(2)(ba) of the 1998 Act, as treated as inserted by section 28A(1)(c) of the 1998 Act, an eligible student has a lifetime limit (or “lifetime entitlement”) in respect of fee loans, as provided for in this regulation.

(2) The lifetime entitlement of an eligible student is £39,160.

Residual entitlement

23.—(1) Deductions are to be made from the lifetime entitlement for an eligible student in respect of any tuition fee funding for—

(a)relevant prior study (on which see paragraph (2)) that took place before the coming into force of these Regulations;

(b)study that takes place after the coming into force of these Regulations and which is funded—

(i)under the 2011 Student Support Regulations (due to the course having started before 1st January 2027);

(ii)by an advanced learner loan for a course at a level higher than an Access to Higher Education course and no higher than a first degree course;

(iii)by a devolved government under the Education (Student Support) (Wales) Regulations 2018, the Student Support (Scotland) Regulations 2022 or the Education (Student Support) (Northern Ireland) Regulations 2009(13),

with the remaining amount available to the student being referred to as their “ residual entitlement ”.

(2) For the purposes of paragraph (1)(a), “relevant prior study” is learning from any of the categories in paragraph (3) that was supported by the government of the United Kingdom or by a devolved government (in Wales, Scotland or Northern Ireland) via any of the following means of funding being paid directly to the provider—

(a)a student loan for tuition fees, other than for courses designated under any of the following—

(i)the 2016 Master’s Degree Regulations;

(ii)the 2018 Doctoral Degree Regulations;

(iii)the Higher Education Short Course Loans Regulations 2022(14);

(iv)the Education (Postgraduate Master's Degree Loans) (Wales) Regulations 2017(15);

(v)the Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 2018(16);

(vi)the Education (Student Support) (Postgraduate Master's Degrees) (Wales) Regulations 2019(17);

(vii)paragraphs 7A to 7C of Schedule 4 to the Student Support (Scotland) Regulations 2022;

(viii)paragraphs 8 to 9A of Schedule 2 to the Education (Student Loans) (Scotland) Regulations 2007(18);

(ix)Part 13 of the Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009(19);

(b)a student grant for tuition fees;

(c)Student Awards Agency Scotland tuition fee funding for study at a Scottish provider, (meaning non-repayable tuition fee payments to a Scottish provider by the Scottish Government on behalf of a student);

(d)block grant funding;

(e)funding in respect of modules of approved HTQ courses that were eligible for funding via the modular acceleration programme.

(3) The categories are—

(a)higher education courses that were designated for the purposes of tuition fee support, or that were provided by institutions that received public funding in respect of tuition fees—

(i) which started before 1st September 1998 and where there were no tuition fees charged to the student (“category 1A”);

(ii) which started on or after 1st September 1998 and before 1st September 2012, where there were no privately funded contributions from the student, including where any of the circumstances in paragraph (4) apply (“category 1B”);

(iii) which started on or after 1st September 1998 and before 1st September 2012, where there were privately funded contributions from the student, including where any of the circumstances in paragraph (4) apply (“category 1C”);

(b) higher education courses designated for the purposes of tuition fee support, where the course began on or after 1st September 2012 and sub-paragraph (c) does not apply (“category 2”);

(c) higher education courses funded by the Student Awards Agency Scotland, excluding study at level 7 or above that comes within paragraph (2)(a)(vii) or (viii), where the course began on or after 1st September 2012 and was undertaken at a provider in Scotland (“category 3”);

(d) study funded at level 4, 5 or 6 by an advanced learner loan (“category 4”);

(e) funding in respect of modules of a course for an approved HTQ that was funded by the modular acceleration programme (“category 5”).

(4) The circumstances referred to in paragraph (3)(a)(ii) and (iii) are—

(a)the student began a full-time course that began on or after 1st September 2012, having transferred their status as an eligible student from a full-time course that began before 1st September 2012;

(b)the student began a part-time course that began on or after 1st September 2012, having transferred their status as an eligible student from a part-time course that began before 1st September 2012

(c)the student returned to study a new course on or after 1st September 2012, after agreeing a period of suspension with the provider from a course that began before 1st September 2012;

(d)the student started an end-on course.

(5) Deductions in respect of categories 1A, 1B and 3 are—

(a)£9,790 per year of full-time study;

(b)£4,895 per year of part-time study, or per year of study comprising both full-time and part-time study;

(c)£1,955 per year of work placement;

(d)£1,465 per year of study abroad;

(e)£1,465 per Erasmus year or Turing mobility year.

(6) Deductions in respect of category 1C are—

(a)£6,325 per year of full-time study;

(b)£3,162.50 per year of part-time study, or per year of study comprising both full-time and part-time study;

(c)£1,265 per year of work placement;

(d)£948.75 per year of study abroad;

(e)£948.75 per Erasmus year.

(7) Deductions in respect of category 2 are to equate to the exact amount of fee loan or grant that was paid for the student’s study, multiplied by £9,790 and then divided by the deduction amount as set out in the following table (with any fractions of a penny to be disregarded)—

(8) Deductions in respect of category 4 are to equate to the exact amount of advanced learner loans taken, excluding any amount that was cancelled in accordance with regulation 25 of the Further Education Loans Regulations 2012.

(9) A deduction in respect of category 5 is to equate to £2,447.50 where any study on the modular acceleration programme has been undertaken (irrespective of the quantity of such study).

(10) In relation to categories 1A, 1B, 1C and 2 to 4, there is to be no deduction in respect of any period of study that the Secretary of State considers was impacted by compelling personal reasons.

(11) In paragraph (7), “ year of study ” means—

(a)for courses that started on or after 1 September 2012 and before 1st August 2024, the year starting on or after 1st September and ending before 1st August;

(b)for years thereafter, the year starting on or after 1st August and ending before 31st July.

(12) For the purposes of this regulation—

“ block grant funding ” means public funding provided to a higher education provider in respect of higher education courses with designation for support described in paragraph (3)(a), as a lump sum or general allocation for the purpose of supporting the provider’s institutional activities (including teaching and research), where such funding is not allocated by reference to individual students, including funding provided by—

“ end-on course ” means—

“ Erasmus year ” means an academic year of a course where a student participated in the action scheme of the European Union for the mobility of university students known as ERASMUS, where the student’s course is designated under the 2011 Student Support Regulations, or was designated for the purposes of funding for tuition fees under other Regulations, or was provided by an institution that received public funding in respect of tuition fees, and—

“ healthcare bursary ” as defined in Schedule 1 is to be read as additionally covering a bursary or award of similar description under section 63 of the Health Services and Public Health Act 1968 ( 20 ) made in respect of a course beginning before 1st August 2017 that was provided by an institution in England;

“ modular acceleration programme ” refers to a programme to support delivery of individual modules of a course for an approved HTQ, where the learning took place between 1st February 2024 and 31st December 2025 inclusive;

“ student grant for tuition fees ” does not include the following—

“ tuition fee support ” means funding from the government (including local authorities) in relation to tuition fees, provided in the form of a loan or a grant;

“ Turing mobility year ” means an academic year of a course where the student’s course was designated under the 2011 Student Support Regulations, or was designated for the purposes of tuition fee support under other Regulations, or was provided by an institution that received public funding in respect of tuition fees, and—

“ year of work placement ” means—

(13) In this regulation—

(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;

(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.

Fee loan entitlement balance

24. —(1) The fee loan entitlement balance of an eligible student (“ A ”) is what remains of A’s lifetime entitlement or residual entitlement (as the case may be) after—

(a)making deductions for any learning funded under these Regulations (as referred to in regulation 87), and

(b)adding any compelling personal reasons additional entitlement (as referred to in regulation 28).

(2) Deductions for the purposes of paragraph (1)(a) are to equate to the exact amount of fee loan paid for the student’s study, multiplied by £9,790 and then divided by the deduction amount as set out in the following table (with any fractions of a penny to be disregarded)—

(3) In paragraph (1), “ residual entitlement ” has the meaning given by regulation 23.

(4) In paragraph (2), “ year of study ” means courses starting on or after 1st August 2026 and ending before 31st July 2027.

Additional entitlement - general

25. —(1) Additional funding (or “additional entitlement”) is to be made available if an eligible student (“ A ”) meets the qualifying conditions for the type of additional entitlement in question and the cost of A’s course exceeds A’s fee loan entitlement balance.

(2) There are five types of additional entitlement, as follows—

(a)priority additional entitlement;

(b)special additional entitlement;

(c)compelling personal reasons additional entitlement;

(d)repeat study additional entitlement;

(e)correctional additional entitlement.

(3) Additional entitlement can be awarded in connection with a maximum of—

(a)120 credits per course, in the case of repeat study additional entitlement, or

(b)180 credits in a course year, in the case of priority additional entitlement, special additional entitlement or correctional additional entitlement.

(4) Compelling personal reasons additional entitlement may be awarded irrespective of A’s fee loan entitlement balance.

Priority additional entitlement

26. —(1) An eligible student (“ A ”) qualifies for priority additional entitlement if A is undertaking a course from the following list (to be known as “ the priority additional entitlement course list ”)—

(a)a designated course leading to a qualification as a medical doctor and professional registration with the General Medical Council;

(b)a designated course leading to a qualification as a dentist and professional registration with the General Dental Council, excluding postgraduate dental profession courses;

(c)a designated course which is a pre-registration course or a postgraduate pre-registration course leading to—

(i)an undergraduate degree in nursing and social work, which leads to a professional registration with the Nursing and Midwifery Council, Social Work England, Social Care Wales, the Scottish Social Services Council, or the Northern Ireland Social Care Council;

(ii)an undergraduate degree, postgraduate master’s degree or postgraduate diploma in midwifery or nursing and professional registration with the Nursing and Midwifery Council;

(iii)an undergraduate degree, postgraduate master’s degree or postgraduate diploma in an allied health profession subject and leading to professional registration with the Health and Care Professions Council;

(iv)an undergraduate degree or diploma in operating department practice and professional registration with the Health and Care Professions Council;

(v)an undergraduate degree, diploma or foundation degree in a dental profession subject and leading to professional registration with the General Dental Council;

(d)a designated course in initial teacher training leading to qualified teacher status in England or registration with a relevant regulatory body such as the Education Workforce Council (in Wales), the General Teaching Council for Scotland or the General Teaching Council for Northern Ireland;

(e)a designated course in initial further education teacher training;

(f)a designated course leading to a qualification as a social worker and professional registration with Social Work England, Social Care Wales, the Scottish Social Services Council or the Northern Ireland Social Care Council.

(2) The amount of priority additional entitlement is the lesser of—

(a)the remaining fees payable by A in respect of the current course;

(b)the amount of fee loan available for the remaining credits to be undertaken (on which see regulation 35).

(3) Priority additional entitlement ceases to be available if A ceases to attend the course in relation to which it was made available.

(4) For the purposes of paragraph (1)(c), “ 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, and 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 any of the following—

(a)the Health and Care Professions Council, for operating department practice and allied health profession subjects, other than dental profession subjects;

(b)the Nursing and Midwifery Council, for midwifery or nursing;

(c)the General Dental Council, for dental profession subjects;

(d)Social Work England and the Nursing and Midwifery Council, for nursing and social work.

Special additional entitlement

27.—(1) There are two types of special additional entitlement—

(a)special additional entitlement for a special period, and

(b)special additional entitlement for a longer course.

(2) An eligible student (“ A ”) qualifies for special additional entitlement—

(a)if priority additional entitlement is not available, and

(b)if A is undertaking either or both of the following—

(i)a special period referred to in paragraph (3);

(ii)a longer course referred to in paragraph (5).

(3) A special period is a period of—

(a)study abroad,

(b)sandwich placement,

(c)Turing mobility,

(d)lower fee foundation year study, or

(e)higher fee foundation year study.

(4) The amount of special additional entitlement for a special period is whichever of the following amounts is the lowest—

(a)the amount of tuition fees charged in respect of the special period;

(b)the amount of fee loan determined under regulation 34;

(c)the remaining fees payable in respect of the course.

(5) For the purposes of this regulation, a longer course is a course the duration of which is the full-time equivalent of at least five years of normal taught study (600 credits or 6,000 notional learning hours), where—

(a)the course is provided by, or on behalf of, a provider located in Scotland, or

(b)the course is a first degree course that is—

(i)a course for qualification as a veterinary surgeon that leads to professional registration as a veterinary surgeon with the Royal College of Veterinary Surgeons,

(ii)a standalone Master’s Degree in Architecture undertaken in connection with an undergraduate degree, where the two courses together lead to a qualification as an architect and professional registration with the Architects Registration Board, or

(iii)a course that incorporates both a first degree Architecture course and a Master’s Degree in Architecture that leads to a qualification as an architect and professional registration with the Architects Registration Board.

(6) The amount of special additional entitlement for a longer course is the lesser of—

(a)the remaining fees payable by A in respect of the longer course;

(b)240 credits multiplied by the per-credit limit for normal taught study as valued at the time when the study takes place (on which see regulation 34(3)(a)).

(7) Subject to paragraphs (8) and (9), special additional entitlement ceases to be available if A ceases to attend the course in relation to which it was made available.

(8) Special additional entitlement for special periods will be retained if a student transfers their eligibility status (on which see regulation 14) to another course within the same CAH1 code subject groupings.

(9) Special additional entitlement for longer courses will be retained if a student transfers their eligibility status (on which see regulation 14) to a course referred to in paragraph (5).

(10) If a student who is undertaking a special period referred to in paragraph (3)—

(a)abandons or withdraws from their course within that special period, or

(b)transfers from their course to another course that is outside the CAH1 code subject groupings,

their special additional entitlement ceases.

(11) Courses mentioned in paragraph (5)(b)(ii) and (iii) are, in each case, to be treated as a single course.

(12) For the purposes of paragraphs (8) and (10), “ CAH1 code ” means a Common Aggregated Hierarchy 1 code associated with a subject, as referred to in version 1.3.4 of the Higher Education Classification of Subjects coding system( 23 ).

Compelling personal reasons additional entitlement

28. —(1) An eligible student (“ A ”) qualifies for compelling personal reasons additional entitlement—

(a)where the Secretary of State determines that A is repeating or ceasing to attend, or that A repeated or ceased to attend, a course because of compelling personal reasons, and

(b)if the credits that A is repeating or which A ceased to undertake—

(i)were credits for which A received a fee loan under these Regulations, and

(ii)were not funded by priority additional entitlement.

(2) The amount of compelling personal reasons additional entitlement is the amount of fee loan that was received by A for the credits that were impacted by the compelling personal reasons.

(3) Compelling personal reasons additional entitlement—

(a)is to be added to A’s fee loan entitlement balance, as valued at the time when the circumstances giving rise to the compelling personal reasons take place, and

(b)is available for A to use towards a designated course of A’s choice.

Repeat study additional entitlement

29. —(1) An eligible student (“ A ”) qualifies for repeat study additional entitlement—

(a)if A needs to repeat a period of a course that contains either—

(i)a full-time equivalent of more than 3 years (360 credits or 3,600 notional learning hours), but less than 5 years (600 credits or 6,000 notional learning hours), of normal taught study;

(ii)a full-time equivalent of more than 5 years (600 credits or 6,000 notional learning hours) of normal taught study, and

(b)if neither priority additional entitlement nor compelling personal reasons additional entitlement are available to A in relation to the repeat study.

(2) Subject to paragraph (7), repeat study additional entitlement ceases to be available if A ceases to attend the course in relation to which it was made available.

(3) The amount of repeat study additional entitlement is the lesser of—

(a)the remaining fees payable by A in respect of the current course;

(b)the total number of credits of repeat study required, multiplied by the fee loan per-credit limit for the activity being repeated.

(4) Repeat study additional entitlement may be available across multiple periods of study within the same course, provided that the total number of credits does not exceed 120 credits.

(5) Repeat study additional entitlement may be available for either periods of taught study or special periods, with the amount of entitlement to be determined using the fee loan per-credit limit that is applicable to the period in question.

(6) Repeat study additional entitlement may be applied to a period being repeated, even if the student did not take a fee loan for the original period.

(7) Repeat study additional entitlement—

(a)will be retained if—

(i)the student transfers their status as an eligible student (on which see regulation 14) to another course within the same CAH1 subject grouping, and

(ii)the course meets the description in paragraph 1(a);

(b)ceases to be available if a student abandons or withdraws from the course, or transfers to a course that is not within the same CAH1 subject grouping.

(8) In paragraph (7), CAH1 has the meaning given by regulation 27(8) read with paragraph (12) of that regulation.

Correctional additional entitlement

30. —(1) An eligible student (“ A ”) qualifies for correctional additional entitlement if—

(a)A has provided all information required by the Secretary of State in relation to A’s entitlement to a fee loan under these Regulations,

(b)that information is accurate, and

(c)the Secretary of State has determined, and has provided written notification to A, that in respect of A’s current course A qualifies for a fee loan under this Part that exceeds A’s fee loan entitlement balance.

(2) In relation to the determination made by the Secretary of State for the purposes of paragraph (1)(c)—

(a)if the Secretary of State makes the determination before the first day of the first course year of the current course, then A qualifies for correctional additional entitlement in respect of the first course year of the current course;

(b)if the Secretary of State makes the determination on or after the first day of the first course year of the current course, then A qualifies for correctional additional entitlement in respect of—

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

(ii)a course year of the current course which A has completed prior to the Secretary of State making the determination;

(c)paragraphs (a) and (b) do not apply if the Secretary of State considers that there are exceptional circumstances;

(d)where the Secretary of State considers that there are exceptional circumstances, the Secretary of State may determine that A should qualify for correctional additional entitlement in respect of one or more course years of the current course, as appropriate, whether or not A has completed those course years prior to the Secretary of State making the determination.

(3) The amount of correctional additional entitlement is equivalent to the amount of fee loan funding of which A was notified in error by the Secretary of State previously under paragraph (1)(c).

Chapter 2 Qualifying conditions, availability and amounts

Qualifying conditions for a fee loan

31. —(1) An eligible student (“ A ”) qualifies for a fee loan in connection with A’s attendance on, or undertaking of (in the case of a distance learning course), a designated course if the following conditions are met—

(a)A is under the age of 60 on the course start date for the course for which the period of eligibility was established;

(b)in relation to a distance learning course, the Secretary of State considers that A is undertaking the course in England on the first day of the first course year of the course, subject to paragraphs (2) to (4).

(2) For the purposes of paragraph (1)(b), 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 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 of the United Kingdom.

(4) Paragraphs (1)(b) and (3) do not apply to a person who is treated as being ordinarily resident in the United Kingdom by virtue of paragraph 1(3)(c) of Schedule 2 on the basis of temporary employment falling within paragraph 1(4)(a) of that Schedule.

(5) A student does not qualify for a fee loan in respect of a course year of a designated course if the course in respect of which the support is applied for delivers fewer than 30 credits of study (or 300 notional learning hours) within a course year, unless the application for support concerns a course year of an ALL-transfer course with a credit value of fewer than 30 credits.

(6) A student does not qualify for a fee loan in respect of a course year of a designated course—

(a)if the student is studying the current course as part of an apprenticeship;

(b)if the course year is a bursary year;

(c)if the student is eligible to apply for a non-income assessed healthcare bursary;

(d)if the course year is a Turing mobility provided by an institution in Northern Ireland.

(7) Paragraph (6)(b) and (c) do not apply to a course which is part of the graduate entry accelerated programme.

(8) A student may qualify prospectively for a fee loan where—

(a)a course designation event which results in the student’s course becoming a designated course occurs during a course year,

(b)a protected category event which results in the student becoming an eligible student occurs during the first course year of a course and on or before the course start date, or

(c)an in-year qualifying event which results in a student becoming an eligible student occurs—

(i)where the course is three months or longer in duration, within the first three months of the course year, or

(ii)where the course is shorter than three months in duration, on or before the last day of the course.

(9) If a student’s status as an eligible student was established before the age of 60, and the student transfers to another course on or after turning 60, they remain eligible for fee loan support for the duration of their period of eligibility (on which see regulation 13).

Students who are treated as in attendance on a course

32.—(1) A student to whom this regulation applies is to be 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 disabled student who 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.

Availability of fee loans

33. When assessing an application for support in respect of a course year of a designated course, the Secretary of State must allocate a fee loan to that course year even if a student has insufficient fee loan entitlement balance to pay for the full course of which the course year forms a part.

Amount of fee loan for a course year

34.—(1) The amount of fee loan for a course year of a designated course that a student may receive during a course year must not exceed any of the following—

(a)the sum of the activity amounts associated with the course year;

(b)a student’s fee loan entitlement balance plus any additional entitlement;

(c)the amount required to fund 180 credits of normal taught study;

(d)the fees payable by the student in connection with the course year.

(2) In this regulation—

(a) an “access and participation plan” is a plan approved by the OfS under section 29 of the 2017 Act;

(b) an “activity amount” is the fee loan per-credit limit for an activity referred to in paragraphs (3) to (14), multiplied by the number of credits associated with the course year in respect of that activity;

(c) “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;

(d) the “fee loan per-credit limit” is the limit on the amount of fee loan that can be awarded per credit associated with a particular activity during a course year.

(3) Where the course is provided by or on behalf of an approved (fee cap) provider with an access and participation plan which is in force or which comes into force when the relevant course year begins, and a high level quality rating at the time when the access and participation plan was approved, the fee loan per-credit limit is—

(a)for normal taught study or higher fee foundation year study, £9,790 / 120 credits;

(b)for lower fee foundation year study, £5,760 / 120 credits;

(c)for sandwich placement, £1,955 / 120 credits;

(d)for study abroad or Turing mobility, £1,465 / 120 credits.

(4) Where the course is provided by or on behalf of an approved (fee cap) provider with an access and participation plan which is in force or which comes into force when the relevant course year begins, but without a high level quality rating on 1st January in the calendar year in which the relevant course year begins, the fee loan per-credit limit is—

(a)for normal taught study or higher fee foundation year study, £9,525 / 120 credits;

(b)for lower fee foundation year study, £5,605 / 120 credits;

(c)for sandwich placement, £1,905 / 120 credits;

(d)for study abroad or Turing mobility, £1,425 / 120 credits.

(5) Where the course is provided by or on behalf of an approved (fee cap) provider without an access and participation plan which is in force or which comes into force when the relevant course year begins, but with a high level quality rating on 1st January in the calendar year in which the relevant course year begins, the fee loan per-credit limit is—

(a)for normal taught study or higher fee foundation year study, £6,525 / 120 credits;

(b)for lower fee foundation year study, £3,835 / 120 credits;

(c)for sandwich placement, £1,305 / 120 credits;

(d)for study abroad or Turing mobility, £975 / 120 credits.

(6) Where the course is provided by or on behalf of an approved (fee cap) provider without an access and participation plan which is in force or which comes into force when the relevant course year begins, and without a high level quality rating on 1st January in the calendar year in which the relevant course year begins, the fee loan per-credit limit is—

(a)for normal taught study, £6,350 / 120 credits;

(b)for higher fee foundation year study, £3,735 / 120 credits;

(c)for sandwich placement, £1,270 / 120 credits;

(d)for study abroad or Turing mobility, £950 / 120 credits.

(7) Where the course is provided by or on behalf of an approved provider with a high level quality rating on 1st January in the calendar year in which the relevant course year begins, the fee loan per-credit limit is—

(a)for normal taught study or higher fee foundation year study, £6,525 / 120 credits;

(b)for lower fee foundation year study, £3,835 / 120 credits;

(c)for sandwich placement, £1,305 / 120 credits;

(d)for study abroad, £975 / 120 credits.

(8) Where the course is provided by or on behalf of an approved provider without a high level quality rating on 1st January in the calendar year in which the relevant course year begins, the fee loan per-credit limit is—

(a)for normal taught study or higher fee foundation year study, £6,350 / 120 credits;

(b)for lower fee foundation year study, £3,735 / 120 credits;

(c)for sandwich placement, £1,270 / 120 credits;

(d)for study abroad, £950 / 120 credits.

(9) Where the course is provided by a private institution in Northern Ireland or Scotland with a high level quality rating (other than on behalf of an approved (fee cap) provider, a publicly funded institution or a regulated institution), the fee loan per-credit limit is—

(a)for normal taught study or higher fee foundation year study, £6,525 / 120 credits;

(b)for lower fee foundation year study, £3,835 / 120 credits;

(c)for sandwich placement, £3,260 / 120 credits;

(d)for study abroad, £3,260 / 120 credits.

(10) Where the course is provided by a private institution in Northern Ireland or Scotland without a high level quality rating (other than on behalf of an approved (fee cap) provider, a publicly funded institution or a regulated institution), the fee loan per-credit limit is—

(a)for normal taught study or higher fee foundation year study, £6,350 / 120 credits;

(b)for lower fee foundation year study, £3,735 / 120 credits;

(c)for sandwich placement, £3,175 / 120 credits;

(d)for study abroad, £3,175 / 120 credits.

(11) Where the course is provided by a publicly-funded institution in Northern Ireland or Scotland, the fee loan per-credit limit is—

(a)for normal taught study or higher fee foundation year study, £9,790 / 120 credits;

(b)for lower fee foundation year study, £5,760 / 120 credits

(c)for sandwich placement, £4,895 / 120 credits;

(d)for study abroad, £4,895 / 120 credits;

(e)for Turing mobility in relation to Scotland, £1,465 / 120 credits.

(12) Where the course is provided by a non-regulated institution in Wales with a high level quality rating, the fee loan per-credit limit is—

(a)for normal taught study or higher fee foundation year study, £6,525 / 120 credits;

(b)for lower fee foundation year study, £3,835 / 120 credits;

(c)for sandwich placement, £1,305 / 120 credits;

(d)for study abroad, £975 / 120 credits.

(13) Where the course is provided by a non-regulated institution in Wales without a high level quality rating, the fee loan per-credit limit is—

(a)for normal taught study or higher fee foundation year study, £6,350 / 120 credits;

(b)for lower fee foundation year study, £3,735 / 120 credits;

(c)for sandwich placement, £1,270 / 120 credits;

(d)for study abroad, £950 / 120 credits.

(14) Where the course is provided by a regulated institution in Wales, the fee loan per-credit limit is—

(a)for normal taught study or higher fee foundation year study, £9,790 / 120 credits;

(b)or lower fee foundation year study, £5,760 / 120 credits;

(c)for sandwich placement, £1,955 / 120 credits;

(d)for study abroad or Turing mobility, £1,465 / 120 credits.

(15) The fee loan per-credit limit for repeat study is the fee loan per-credit limit for whichever activity within the course is being repeated, as valued at the time when the repeat study takes place.

(16) 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 course year for which the provider has not made a request to the Secretary of State for payment of the fee loan or fee loan instalment under regulation 87 (payment of fee loans).

(17) In relation to sandwich placements referred to in this regulation, the Secretary of State must publish from time to time in such a manner as the Secretary of State sees fit a list of regulatory bodies that require a mandatory minimum amount of work experience to be undertaken by those whom they regulate.

Amount of fee loan for a course

35. —(1) The number of credits associated with an activity across a course for which a student may receive a fee loan must not exceed the “fee loan per-course amount” provided for in this regulation.

(2) The fee loan per-course amount for normal taught study (which varies among courses)—

(a)for ALL-transfer courses, gateway courses, approved HTQs and Initial Further Education Teacher Training Courses, must be published by the Secretary of State;

(b)for full courses listed in Schedule 6 (fee loan per-course amounts for various higher education courses), is as set out in that Schedule.

(3) There is no fee loan per-course amount for repeat study or for modules.

(4) The fee loan per-course amount for other activities (which is consistent among courses) is shown in the table below—

(5) The fee loan per-course amount for a top-up course is the lower of—

(a)the fee loan per-course amount for a typical full course that leads to the same qualification, or

(b)the number of full-time equivalent years multiplied by 120.

(6) For the purposes of paragraph (5), a “top-up course” is a course that—

(a)involves substantially less learning time than a typical full course leading to the same qualification, and

(b)requires students to have substantial relevant prior learning or experience as part of the entry requirements (which could be, but is not limited to, a qualification in the same field).

(7) In the case of top-up courses that are only offered part-time, the number of full-time equivalent years is the number of years that it would take to complete the course if studying 120 credits (or 1,200 notional learning hours) per year.

Part 5 Loans for living costs

Chapter 1 Introduction

Elements of the loan for living costs

36.—(1) The loan for living costs consists of the following elements—

(a)a loan for maintenance;

(b)a special support loan.

(2) A “loan for maintenance” is a loan to defray maintenance costs incurred in connection with undertaking a designated course.

(3) A “special support loan” is a loan to defray the costs of books, equipment, travel or childcare incurred for the purpose of attending a designated course.

(4) The elements of the loan for living costs for which an eligible student qualifies are as follows—

(a)in the case of an eligible student described in regulation 43(1)(a) or (b), a loan for maintenance only;

(b)in the case of an eligible student described in regulation 43(1)(c), a loan for maintenance and, if applicable, a special support loan, allocated in accordance with regulation 46(3);

(c)in the case of an eligible student described in regulation 43(1)(d), a special support loan only,

and a reference in this Part to a “ loan for living costs ” in relation to an eligible student is a reference to the element, or elements, of the loan for living costs for which they qualify.

Meaning of “student with full entitlement”, “student with reduced entitlement” and “household income”

37.—(1) In this Part—

(a) a “ student with full entitlement ” means an eligible student other than a student with reduced entitlement;

(b) a “ student with reduced entitlement ” means an eligible student who—

(i)applies for a loan for living costs in respect of a course year which is a bursary year,

(ii)applies for a loan for living costs in respect of a course year of a course—

(aa)that contains a sandwich placement, and

(bb)where the periods of study are in aggregate less than 10 weeks,

unless the sandwich placement constitutes unpaid service, or

(iii)opts, when applying for a loan for living costs, not to provide the information needed to calculate the household income.

(2) The “ household income ” in relation to an eligible student is assessed in accordance with Schedule 7.

Meaning of “additional weeks entitlement”, “base entitlement”, “loan for living costs entitlement” and “maximum loan entitlement”

38. In this Part—

(a) “ additional weeks entitlement ” has the meaning given in regulation 48(2);

(b) “ base entitlement ” has the meaning given in regulation 43(1);

(c) “loan for living costs entitlement” is the total amount of loan for living costs for which an eligible student qualifies in respect of a course year of a designated course, calculated in accordance with regulation 54(1);

(d) “ maximum loan entitlement ” has the meaning given in regulation 49.

Location categories and final course years

39.—(1) In this Part—

(a)a student is in category A if they reside at their parents’ home during term weeks while attending the designated course;

(b)a student is in category B if they are not in category A and they attend one or more of the following—

(i)a course at the University of London,

(ii)a course at an institution which requires attendance for part of the course year at a site wholly or partly within the area comprising the City of London and the former Metropolitan Police District, or

(iii)a sandwich placement at an institution which requires the eligible student to undertake—

(aa)work experience, or

(bb)a combination of work experience and study,

provided that the student undertakes such work experience or combination of work experience and study for some of the course year at a site or sites wholly or partly within the area comprising the City of London and the former Metropolitan Police District;

(c)a student is in category C if they are not in category A and they attend one of the following for at least 6 weeks of the course year—

(i)an overseas institution as part of their designated course,

(ii)the Institute, or

(iii)an overseas work placement on a period of Turing mobility;

(d)a student is in category D if they are not in category A, B, or C.

(2) Subject to regulation 56, an eligible student’s entitlement to a loan for living costs in relation to a term week is calculated by reference to the category that the student is in, in that week.

(3) The final year of a course is only treated as a final year for the purposes of this Part where the credit value of that course year is 110 credits or more.

(4) In this regulation, “ former Metropolitan Police District ” means—

(a)Greater London, excluding the City of London, the Inner Temple and the Middle Temple;

(b)in the county of Essex, in the district of Epping Forest—

(i)the area of the former urban district of Chigwell, and

(ii)the parish of Waltham Abbey;

(c)in the county of Hertfordshire—

(i)in the borough of Broxbourne, the area of the former urban district of Cheshunt,

(ii)the district of Hertsmere, and

(iii)in the district of Welwyn Hatfield, the parish of Northaw;

(d)in the county of Surrey—

(i)in the borough of Elmbridge, the area of the former urban district of Esher,

(ii)the boroughs of Epsom and Ewell and Spelthorne, and

(iii)in the district of Reigate and Banstead, the area of the former urban district of Banstead.

Chapter 2 Qualifying conditions

Qualifying conditions for a loan for living costs

40.—(1) Subject to the following paragraphs, an eligible student qualifies for a loan for living costs in connection with their attendance on a designated course.

(2) A student does not qualify for a loan for living costs if—

(a)the only paragraph or paragraphs of Schedule 2 into which the student falls is one or more of paragraphs 3, 4(1)(d)(ii), 12(1)(c)(ii), 13(1)(b)(ii), 15, 17, 18, 19, 20, 21, 22(c)(ii) and 23(d)(ii),

(b)the student is a prisoner,

(c)the current course is a distance learning course, unless the student is treated as being in attendance on the course by virtue of regulation 41(b),

(d)the student is studying the course as part of an apprenticeship, or

(e)the student is eligible to apply for a non-income assessed healthcare bursary.

(3) A student does not qualify for a loan for living costs in respect of a course year of a designated course if the course in respect of which the support is applied for delivers fewer than 30 credits of study or 300 notional learning hours within the course year of the course, unless the application for support concerns a course year of an ALL-transfer course with a credit value of fewer than 30 credits.

(4) Subject to paragraph (6), a student does not qualify for a loan for living costs in relation to a course year of a designated course unless, at the start of that course year—

(a)the student’s fee loan entitlement balance or additional entitlement, as the case may be, in respect of fee loan support is more than the relevant floor amount multiplied by 30, or

(b)the student’s fee loan entitlement balance or additional entitlement, as the case may be, in respect of fee loan support is more than nil and equal to or less than the relevant floor amount multiplied by 30, and—

(i)the student is being charged a tuition fee, and is using a fee loan under these Regulations to pay for some or all of their tuition fee costs in relation to that course year, or

(ii)no tuition fee is charged to the student for that course year and, as a consequence, the student is unable to use a fee loan in relation to that course year.

(5) In paragraph (4) the “relevant floor amount” is the floor amount in respect of the relevant basic amount prescribed in regulation 18(6)(c) or (d) of the Lifelong Learning (Fee Limits) Regulations 2026 ( 24 ).

(6) A student who is aged 60 or over at the start of the first course year of a designated course does not qualify for a loan for living costs in relation to a course year of that designated course unless their fee loan entitlement balance, or additional entitlement, as the case may be, in respect of fee loan support is more than nil immediately before the start of the course year.

Students who are treated as in attendance on a course

41. A student is treated as being in attendance on a designated course for the purpose of qualifying for a loan for living costs if they are—

(a)on a period of Turing mobility, or

(b)a disabled student who is undertaking the designated course in the United Kingdom but is not in attendance because they are unable to attend for a reason which relates to their disability.

Students qualifying for a loan for living costs during a course year

42.—(1) Where a protected category event—

(a)occurs during a course year, and

(b)results in a student becoming an eligible student,

the student may qualify for a loan for living costs in respect of that course year, but not in respect of a course year beginning before that course year.

(2) Where—

(a)a course designation event occurs during a course year and results in a student’s course becoming a designated course, or

(b)an in-year qualifying event (other than a settled status event) occurs during a course year and results in a student becoming an eligible student,

the student may qualify for a loan for living costs, subject to paragraph (3).

(3) A student referred to in paragraph (2)—

(a)does not qualify for a loan for living costs in respect of any day of the course year before that event occurs, and

(b)does not qualify for a loan for living costs in respect of a course year beginning before the course year in which the event occurred.

(4) Paragraphs (1) and (2) do not apply where the protected category event, course designation event, or in-year qualifying event (as the case may be) occurs after the last day in the course year on which the student is undertaking study.

Chapter 3 Calculation of the base entitlement in relation to a course year

Calculation of the base entitlement in relation to a course year

43.—(1) The base entitlement of an eligible student in relation to a course year or part of a course year is calculated—

(a)in accordance with regulation 44 in the case of an eligible student with reduced entitlement;

(b)in accordance with regulation 45 in the case of an eligible student with full entitlement who is under the age of 60 on the relevant date and does not meet any of the conditions set out in sub-paragraph (c)(i) to (iv);

(c)in accordance with regulation 46 in the case of an eligible student with full entitlement who is under the age of 60 on the relevant date and—

(i)falls within a prescribed category of person for the purposes of section 124(1)(e) of the Social Security Contributions and Benefits Act 1992(25),

(ii)is treated as being liable to make payments in respect of a dwelling prescribed by Regulations made under section 130(2) of the Social Security Contributions and Benefits Act 1992(26),

(iii)has no partner and satisfies regulation 14(1)(c) of the Universal Credit Regulations 2013(27), or

(iv)is liable, or treated as liable, under regulation 25(3) of the Universal Credit Regulations 2013 to make payments in respect of the accommodation that they occupy as their home;

(d)in accordance with regulation 47 in the case of an eligible student with full entitlement who is aged 60 or over on the relevant date.

(2) For the purposes of paragraph (1)—

(a) “ partner ” has the meaning given in regulation 71(1)(k);

(b) “ the relevant date ” means the first day of the first course year of the designated course.

(3) The calculation of the base entitlement in regulations 44 to 47 is subject to regulation 42.

Students with reduced entitlement

44.—(1) This regulation applies to an eligible student described in regulation 43(1)(a).

(2) The base entitlement is equal to—

(3) Where the student qualifies for a loan for living costs in relation to a course year which is a bursary year, the term week rate for which the student qualifies is—

(a)for a student in category A in the final year of the course, £53.63;

(b)for a student in category A in a course year other than the final year, £70.73;

(c)for a student in category B in the final year of the course, £101.29;

(d)for a student in category B in a course year other than the final year, £132.33;

(e)for a student in category C in the final year of the course, £73.46;

(f)for a student in category C in a course year other than the final year, £94.26;

(g)for a student in category D in the final year of the course, £73.46;

(h)for a student in category D in a course year other than the final year, £94.26.

(4) The student qualifies for the term week rate set out in paragraph (5) where they qualify for a loan for living costs in relation to a course year—

(a)that contains a sandwich placement, and

(b)where the periods of study are in aggregate less than 10 weeks,

unless the sandwich placement constitutes unpaid service.

(5) For the purposes of paragraph (4), the term week rate is—

(a)for a student in category A in the final year of the course, £62.29;

(b)for a student in category A in a course year other than the final year, £82.03;

(c)for a student in category B in the final year of the course, £117.43;

(d)for a student in category B in a course year other than the final year, £153.56;

(e)for a student in category C in the final year of the course, nil;

(f)for a student in category C in a course year other than the final year, nil;

(g)for a student in category D in the final year of the course, £85.23;

(h)for a student in category D in a course year other than the final year, £109.36.

(6) Where the student applies for a loan for living costs and opts not to provide the information needed to calculate the household income, the term week rate for which the student qualifies is—

(a)for a student in category A in the final year of the course, £122.89;

(b)for a student in category A in a course year other than the final year, £133.76;

(c)for a student in category B in the final year of the course, £213.76;

(d)for a student in category B in a course year other than the final year, £234.63;

(e)for a student in category C in the final year of the course, £173.66;

(f)for a student in category C in a course year other than the final year, £199.86;

(g)for a student in category D in the final year of the course, £156.43;

(h)for a student in category D in a course year other than the final year, £168.26.

Students with full entitlement under the age of 60

45.—(1) This regulation applies to an eligible student described in regulation 43(1)(b).

(2) The base entitlement is equal to—

Students with full entitlement under the age of 60 who meet certain conditions

46.—(1) This regulation applies to an eligible student described in regulation 43(1)(c).

(2) The base entitlement is equal to—

(3) The first £152.73 of the term week rate is a special support loan and the remainder is the loan for maintenance.

Students with full entitlement aged 60 or over

47.—(1) This regulation applies to an eligible student described in regulation 43(1)(d).

(2) The base entitlement is equal to—

Chapter 4 Calculation of additional weeks entitlement, and maximum loan entitlement

Calculation of additional weeks entitlement

48.—(1) This regulation applies to an eligible student—

(a)who is described in regulation 43(1)(b) or (c);

(b)who—

(i)is an independent eligible student described in paragraph 2(1)(f) of Schedule 7, or

(ii)has a household income of £45,000 or less, and

(c)who is undertaking a year of a designated course in which there are more than 30 term weeks.

(2) The additional weeks entitlement is equal to—

Maximum loan entitlement

49.—(1) The maximum loan entitlement of an eligible student in respect of a course year is the sum of their base entitlement and any additional weeks entitlement.

(2) Calculations of the base entitlement and the additional weeks entitlement of an eligible student may be made in respect of part of a course year and result in more than one maximum loan entitlement in respect of the eligible student and the course year, and references to calculations of the base amount in regulations 44 to 46, and to calculations of the additional weeks entitlement in regulation 48, are to be construed accordingly.

(3) Where paragraph (2) applies in relation to an eligible student, their maximum loan entitlement for the purposes of Chapters 5 and 6 is the sum of their maximum loan entitlements.

Chapter 5 Reduction for household income

Application of this Chapter

50. This Chapter does not apply to an independent eligible student described in paragraph 2(1)(f) of Schedule 7.

Reduction for household income – students with full entitlement under the age of 60

51. —(1) Subject to paragraph (3), the maximum loan entitlement of an eligible student described in regulation 43(1)(b) is reduced, if applicable, by the loan reduction value “LRV”.

(2) The LRV is—

(a)for a student in category A, £1 for every complete £6.54 by which the student’s household income exceeds £25,000;

(b)for a student in category B, £1 for every complete £6.36 by which the student’s household income exceeds £25,000;

(c)for a student in category C, £1 for every complete £6.41 by which the student’s household income exceeds £25,000;

(d)for a student in category D, £1 for every complete £6.47 by which the student’s household income exceeds £25,000.

(3) The maximum loan entitlement of an eligible student must not be reduced under this regulation to less than the minimum amount.

(4) For the purposes of paragraph (3), the minimum amount is—

(a)for a student in category A in the final year of the course, £3,687;

(b)for a student in category A in a course year other than the final year, £4,013;

(c)for a student in category B in the final year of the course, £6,413;

(d)for a student in category B in a course year other than the final year, £7,039;

(e)for a student in category C in the final year of the course, £5,210;

(f)for a student in category C in a course year other than the final year, £5,996;

(g)for a student in category D in the final year of the course, £4,693;

(h)for a student in category D in a course year other than the final year, £5,048.

Reduction for household income – students with full entitlement under the age of 60 who meet certain conditions

52. —(1) Subject to paragraphs (4) and (5), the maximum loan entitlement of an eligible student described in regulation 43(1)(c) is reduced, if applicable, by the sum of the loan reduction values “LRV1” and “LRV2”.

(2) LRV1 is—

(a)for a student in category A in the final year of the course, £1 for every complete £4.054 by which the student’s household income exceeds £25,000 but does not exceed £42,875;

(b)for a student in category A in a course year other than the final year, £1 for every complete £4.088 by which the student’s household income exceeds £25,000 but does not exceed £42,875;

(c)for a student in category B in the final year of the course, £1 for every complete £4.295 by which the student’s household income exceeds £25,000 but does not exceed £42,875;

(d)for a student in category B in a course year other than the final year, £1 for every complete £4.37 by which the student’s household income exceeds £25,000 but does not exceed £42,875;

(e)for a student in category C in the final year of the course, £1 for every complete £4.174 by which the student’s household income exceeds £25,000 but does not exceed £42,875;

(f)for a student in category C in a course year other than the final year, £1 for every complete £4.265 by which the student’s household income exceeds £25,000 but does not exceed £42,875;

(g)for a student in category D in the final year of the course, £1 for every complete £4.137 by which the student’s household income exceeds £25,000 but does not exceed £42,875;

(h)for a student in category D in a course year other than the final year, £1 for every complete £4.179 by which the student’s household income exceeds £25,000 but does not exceed £42,875.

(3) LRV2 is—

(a)for a student in category A, £1 for every complete £6.54 by which the student’s household income exceeds £42,875;

(b)for a student in category B, £1 for every complete £6.36 by which the student’s household income exceeds £42,875;

(c)for a student in category C, £1 for every complete £6.41 by which the student’s household income exceeds £42,875;

(d)for a student in category D, £1 for every complete £6.47 by which the student’s household income exceeds £42,875.

(4) The sum of the loan reduction values “LRV1” and “LRV2” must be applied to the elements of a student’s maximum loan entitlement in the following order—

(a)special support loan;

(b)loan for maintenance;

(c)additional weeks entitlement.

(5) The maximum loan entitlement of an eligible student must not be reduced under this regulation to less than the minimum amount.

(6) For the purposes of paragraph (5), the minimum amount is—

(a)for a student in category A in the final year of the course, £3,687;

(b)for a student in category A in a course year other than the final year, £4,013;

(c)for a student in category B in the final year of the course, £6,413;

(d)for a student in category B in a course year other than the final year, £7,039;

(e)for a student in category C in the final year of the course, £5,210;

(f)for a student in category C in a course year other than the final year, £5,996;

(g)for a student in category D in the final year of the course, £4,693;

(h)for a student in category D in a course year other than the final year, £5,048.

Reduction for household income – students with full entitlement aged 60 or over

53. —(1) Subject to paragraph (3), the maximum loan entitlement of an eligible student described in regulation 43(1)(d) is reduced, if applicable, by the loan reduction value “LRV”.

(2) For the purposes of paragraph (1), the LRV is £1 for every complete £4.16 by which the student’s household income exceeds £25,000.

(3) Where the amount of loan for living costs is less than £50 after any reduction under paragraph (1), the amount of loan for living costs payable is nil.

Chapter 6 Adjustment for intensity of study, and loan for living costs entitlement

Adjustment for intensity of study

54.—(1) The maximum loan entitlement of an eligible student in respect of a course year, reduced if applicable in accordance with Chapter 5, is multiplied by the intensity of study of the course year to give the student’s loan for living costs entitlement.

(2) The student’s loan for living costs entitlement is payable in respect of the course year.

(3) Subject to paragraph (6), the intensity of study of a course year is N%, where N is equal to—

(4) In paragraph (3)—

(a)where the CPW is 5 or less, V is the credit value of the course year; and

(b)where the CPW is more than 5, V is equal to—

(5) For the purposes of paragraph (4) and regulation 55, the credit value of a course year where credits are not attached is determined in accordance with regulations 13 and 15 of the Lifelong Learning (Fee Limits) Regulations 2026, and where those Regulations do not apply to a provider the credit value of the course year is determined as if they did apply.

(6) Where the calculation in paragraph (3) gives a value of N greater than 100, the intensity of study of the course year is 100%.

Adjustment for intensity of study – concurrent study

55.—(1) Where a student is entitled to a loan for living costs in respect of two designated courses and the periods of study of those courses overlap—

(a) the intensity of study of one of those courses (“course A”) is calculated in accordance with regulation 54(3) and (4), and

(b) the intensity of study of the second course (“course B”) is calculated in accordance with regulation 54(3) with the modification that V is calculated in accordance with paragraph (2).

(2) For the purposes of paragraph (1)(b)—

(a)where the CPW of the course year is 5 or less, V is equal to—

(b)where the CPW of the course year is more than 5, V is equal to—

(3) In paragraph (2)—

(a)CPW is the credits per week of the course year, calculated by dividing the credit value of the course year by the number of term weeks in the course year;

(b)CV is the credit value of the course year;

(c)SCPW is the sum of the credits per week of the courses;

(d)WN is the number of term weeks during which the courses do not overlap;

(e)WO is the number of term weeks during which the courses overlap.

(4) Where a student is entitled to a loan for living costs in respect of more than two designated courses and the periods of study of any of those courses overlap—

(a)the intensity of study of course A is calculated in accordance with regulation 54(3) and (5),

(b)the intensity of study of course B is calculated in accordance with paragraphs (1)(b) and (2), and

(c)the intensity of study of the other course or courses is calculated, in turn, in accordance with paragraphs (1)(b) and (2) but with the modifications that—

(i)for the purposes of the calculations in paragraph (2)(a) and (b), a deduction must be made from the value of CV using the formula ((SCPW − 5) × WO)—

(aa) in relation to each week that the course overlaps with course A, course B or any other course for which the intensity of study has been calculated under this paragraph (“the calculated courses”);

(bb)based on the sum of the credits per week of the course, and the calculated courses that overlap with it in that week;

(ii)for the purposes of the calculation in paragraph (2)(b), WN is the number of term weeks during which the course does not overlap with any of the calculated courses.

Chapter 7 Loan for living costs entitlement where eligible student changes category during course year

Modification of loan for living costs entitlement calculation where students change location category

56.—(1) This regulation applies where an eligible student falls, consecutively, into two or more of categories A, B, C and D during a course year.

(2) The eligible student’s loan for living costs entitlement for the course year is the sum of the calculations carried out under paragraph (3) in respect of the course year.

(3) The eligible student’s loan for living costs entitlement is calculated separately, in accordance with Chapters 3 to 6, for each period of the course year during which the student falls into one of those categories, with the resulting figure for each period being multiplied by—

(4) For the purposes of paragraph (3)—

(a)subject to sub-paragraph (b), the eligible student is treated as falling into a particular category on every day that they do so;

(b)on the day that the eligible student changes category, they are treated as falling into the new category for all of that day.

Part 6 Supplementary grants

Chapter 1 Introduction

Types of supplementary grant available

57. The following supplementary grants are available to an eligible student in connection with a designated course if the student meets the relevant qualifying conditions in this Part—

(a)disabled students’ allowance;

(b)grants for travel;

(c)grants for dependants.

General qualifying conditions for supplementary grants

58.—(1) An eligible student qualifies for a supplementary grant in relation to a course year of a designated course if—

(a)the student is not excluded from qualification by paragraph (2), (3) or (4),

(b)the course year meets the credit threshold requirement for the particular supplementary grant for which they are applying, and

(c)the student satisfies the qualifying conditions for the particular supplementary grant for which they are applying.

(2) An eligible student does not qualify for a supplementary grant in respect of a distance learning course, other than the disabled students’ allowance, unless they are treated as being in attendance on that course by virtue of regulation 59.

(3) An eligible student does not qualify for a supplementary grant—

(a)if the only paragraph or paragraphs of Schedule 2 into which the student falls is one or more of paragraphs 3, 4(1)(d)(ii), 12(1)(c)(ii), 13(1)(b)(ii), 15, 17, 18, 19, 20, 21, 22(c)(ii) and 23(d)(ii),

(b)if the student is a prisoner,

(c)if the student is studying the course as part of an apprenticeship,

(d)in respect of a course year which is a bursary year, or

(e)if the student is eligible to apply for a non-income assessed healthcare bursary.

(4) Subject to regulation 61(7), an eligible student does not qualify for a supplementary grant in respect of a course year—

(a)that contains a sandwich placement, and

(b)where the periods of study are in aggregate less than 10 weeks,

unless the placement constitutes unpaid service.

(5) For the purposes of paragraph (1)(b), a course year of a designated course meets the credit threshold requirement for a supplementary grant if the course year has attached to it at least the threshold number of credits specified in relation to that grant in regulation 61(2), 65(2), 75(2), 76(2) or 77(2).

Students who are treated as in attendance on a course

59. A student is treated as being in attendance on a designated course for the purpose of qualifying for a supplementary grant if they are—

(a)on a period of Turing mobility, or

(b)a disabled student who is undertaking a designated course in the United Kingdom but is not in attendance because they are unable to attend for a reason which relates to their disability.

Students qualifying for a supplementary grant during a course year

60.—(1) Where a protected category event—

(a)occurs during the first course year of a course, and on or before the course start date, and

(b)results in a student becoming an eligible student,

the student may qualify for a supplementary grant in respect of the course year, subject to paragraph (3).

(2) Where—

(a)a course designation event occurs during a course year and results in a student’s course becoming a designated course, or

(b)an in-year qualifying event (other than a settled status event) occurs during a course year and results in a student becoming an eligible student,

the student may qualify for a supplementary grant in respect of part of the course year, subject to paragraphs (3) and (4).

(3) A student described in paragraph (1) or (2) does not qualify for a supplementary grant in respect of any day of the course year before that event occurs.

(4) A student described in paragraph (2) does not qualify for a supplementary grant in respect of any course year beginning before the course year in which the event in question occurs.

(5) Paragraphs (1) and (2) do not apply where the protected category event, course designation event, or in-year qualifying event (as the case may be) occurs after the last day in the course year on which the student is undertaking study.

Chapter 2 Disabled students’ allowance

Qualifying conditions for the disabled students’ allowance

61.—(1) Subject to the following paragraphs, a student qualifies for the disabled students’ allowance if they are an eligible student and have a disability.

(2) For the purposes of regulation 58(1)(b)—

(a)the threshold number of credits in relation to the disabled students’ allowance is 30 credits of study for the course year, and

(b)an ALL-transfer course with a credit value of fewer than 30 credits is treated as meeting the threshold number of credits.

(3) A student does not qualify for the disabled students’ allowance in respect of a distance learning course unless the Secretary of State considers that the student is undertaking the designated course in England on the first day of the first course year.

(4) For the purposes of paragraph (3), a person (“ A ”) is 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.

(5) A student who would otherwise qualify for the disabled students’ allowance 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 the United Kingdom.

(6) Paragraphs (3) and (5) do not apply to a person who is treated as being ordinarily resident in the United Kingdom by virtue of paragraph 1(3)(c) of Schedule 2 on the basis of temporary employment falling within paragraph 1(4)(a) of that Schedule.

(7) Regulation 58(4) does not exclude an eligible student from qualifying for the disabled students’ allowance where the grant relates to providing the student with technical support for, repairs to, or replacement of relevant equipment or software.

(8) For the purposes of paragraph (7), “ relevant equipment or software ” means—

(a)equipment or software that was funded, in whole or in part, by the disabled students’ allowance under this Part, or by disabled students’ allowance paid under the 2011 Student Support Regulations, and provided to the student—

(i)in an earlier course year of the current course, or

(ii)in an earlier course year of an earlier course, where the Secretary of State has transferred the disabled students’ allowance to the current course;

(b)equipment or software not falling within sub-paragraph (a) for which the student was reimbursed, in whole or in part, by the disabled students’ allowance;

(c)equipment not falling within sub-paragraph (a) or (b)—

(i)of which the student had use at the time the Secretary of State assessed the student’s application for support, and

(ii)with which the Secretary of State determined the student would have been eligible to be provided had the student not already had use of suitable equipment;

(d)software not falling within sub-paragraph (a) or (b)—

(i)of which the student had use at the time the Secretary of State assessed the student’s application for support,

(ii)with which the Secretary of State determined the student would have been eligible to be provided had the student not already had use of suitable software, and

(iii)of which the student no longer has use following the expiry of the software licence or an upgrade to or of the computer running the software, or for reasons beyond the student’s control;

(e)equipment or software that has been replaced under paragraph (7).

Payment of the disabled students’ allowance

62. —(1) The Secretary of State is authorised to pay the disabled students’ allowance to a student (“ A ”) who qualifies for that grant under regulation 61, 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) Subject to regulation 61(7), 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

63.—(1) Subject to paragraphs (2) to (4), the amount of the disabled students’ allowance is the amount that the Secretary of State considers appropriate in accordance with the student’s circumstances.

(2) Subject to paragraph (3)(a), 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.

(3) The amount of the disabled students’ allowance—

(a)for expenditure other than travel expenditure must not exceed £27,783 in respect of all course years that begin in the same service year;

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

(4) Subject to regulation 60, the disabled students’ allowance is payable in respect of all course years in the same service year.

Chapter 3 Grants for travel

Meaning of “expenditure”

64. For the purposes of this Chapter, any reference to expenditure incurred for the purpose of attending an overseas institution, or a period of study, or an overseas work placement on a period of Turing mobility—

(a)includes expenditure both before and after so attending, and

(b)does not include any expenditure in respect of which a grant is payable under Chapter 2 of this Part.

Qualifying conditions for the grant for travel

65.—(1) A grant for travel is available to an eligible student—

(a)attending a course in medicine or dentistry, in accordance with regulation 67;

(b)attending an overseas institution or overseas workplace, whether or not on a period of Turing mobility, or the Institute, in accordance with regulation 69, provided that the course contains at least 6 weeks of such attendance overseas in the course year.

(2) For the purposes of regulation 58(1)(b), the threshold number of credits in relation to the grant for travel is 120 credits of study for the course year.

Amount of the grant for travel - general

66. Subject to regulation 60, a grant for travel is payable in respect of a course year.

Courses in medicine and dentistry - qualifying conditions for the grant for travel

67.—(1) A grant for travel is available to an eligible student attending a course in medicine or dentistry at an institution, where a period of study by way of clinical training is a necessary part of the course, in respect of the reasonable expenditure that the student is obliged to incur in a course year for the purpose described in paragraph (2).

(2) The purpose is attending, in connection with the student’s course, any hospital or other premises in the United Kingdom—

(a)that are not part of the institution, and

(b)at which facilities for clinical training are provided.

(3) The expenditure described in paragraph (1) does not include expenditure incurred for the purpose of residential study away from the institution.

Courses in medicine and dentistry - amount of the grant for travel

68. —(1) The amount of grant for travel payable under regulation 67 in respect of a course year is equal to the reasonable expenditure that the Secretary of State determines the eligible student is obliged to incur for the purpose set out in that regulation (the “reasonable expenditure”), reduced in accordance with paragraphs (2) to (4).

(2) Subject to paragraph (3), the reasonable expenditure in respect of the course year is reduced by £303.

(3) If the eligible student has reasonable expenditure in relation to more than one course year that begins in the same service year, the amount of £303 is deducted from the aggregate of the reasonable expenditure in relation to all of those course years.

(4) The reasonable expenditure, reduced under paragraph (2) or (3), is further reduced by £1 for every complete £13.47 by which the student’s household income exceeds £45,000.

Overseas study - qualifying conditions for the grant for travel

69.—(1) A grant for travel is available to an eligible student in respect of the reasonable expenditure that the Secretary of State determines the eligible student is obliged to incur for the purpose described in paragraph (2).

(2) The purpose is attending, as part of the student’s course—

(a)an overseas institution whether or not on a period of Turing mobility,

(b)the Institute, or

(c)an overseas workplace whether or not on a period of Turing mobility.

(3) The expenditure described in paragraph (1) includes expenditure incurred within and outside the United Kingdom.

Overseas study - amount of the grant for travel

70.—(1) The amount of grant for travel payable under regulation 69 in respect of a course year is calculated as follows—

(2) The expenditure is—

(a)expenditure that the eligible student reasonably incurs in insuring against liability for the cost of medical treatment provided outside the United Kingdom for any illness or bodily injury contracted or suffered during the period the student is attending the overseas institution, the Institute, or the overseas workplace,

(b)the cost of a visa or visas that the eligible student is obliged to obtain in order to attend the overseas institution, the Institute, or the overseas workplace, and

(c)medical costs that the eligible student reasonably incurs in order to fulfil a mandatory condition of entry into the territory, country or state in which the overseas institution, the Institute, or the overseas workplace is situated.

(3) If the eligible student has reasonable travel costs and expenditure in relation to more than one course year that begins in the same service year, the calculation in paragraph (1) must be carried out in relation to the aggregate travel costs and expenditure for all those course years.

(4) The result of the calculation in paragraph (1) is reduced by £1 for every complete £13.47 by which the student’s household income exceeds £45,000.

Chapter 4 Grants for dependants

Interpretation of this Chapter

71.—(1) In this Chapter—

(a) “ adult dependant ”, in relation to an eligible student, subject to sub-paragraph (m), means an adult person who is 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 ”, in relation to an eligible student, means 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) “ dependants’ income ”, in relation to an eligible student, means the aggregate of—

(i)the residual income of any adult dependants,

(ii)the residual income of the eligible student’s partner, and

(iii)the net income of any dependent child or children;

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

(f) “ dependent child ”, in relation to an eligible student, means a child who is dependent on the student;

(g) “ preceding financial year ” means the financial year that ends before the 31st July preceding the relevant year;

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

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

(j) “residual income”—

(i)in the case of an eligible student’s adult dependant, is determined in accordance with paragraph 5 of Schedule 7 (other than sub-paragraphs (2)(b) and (c), (3)(b) and (c), (9), (10) and (11)), as if references to the parent in paragraph 5 were references to the eligible student’s adult dependant);

(ii)in the case of an eligible student’s partner, is determined in accordance with paragraph 6 of Schedule 7;

(k) “partner”, subject to sub-paragraphs (l), (m), (n), (o) and (r), means—

(i)the spouse or civil partner of an eligible student;

(ii)in the case of an eligible student who falls within paragraph 2(1)(a) of Schedule 7, a person ordinarily living with the eligible student as if the person were the student’s spouse or civil partner;

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

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

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

(m) for the purposes of the definition of “adult dependant”, a person is treated as a partner if that person would be a partner under sub-paragraph (k) 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 7;

(n) for the purposes of the definition of “child”, a person is treated as a partner if that person would be a partner under sub-paragraph (k) 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 7;

(o)for the purposes of regulation 76 (qualification for childcare grant)—

(i)sub-paragraph (l) does not apply, and

(ii)a person is treated as a partner if that person would be a partner under sub-paragraph (k) 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 7;

(p) subject to sub-paragraph (q), 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 eligible student’s partner, but

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

(q) the Secretary of State must not treat an adult person (“ A ”) as dependent on an eligible student in accordance with sub-paragraph (p), 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;

(r) 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 or civil partner of an eligible student’s partner;

(ii) a person (“ A ”) ordinarily living with an eligible student’s partner (“ B ”) as if A were B’s spouse or civil partner.

(2) In this Chapter “ net income ” in relation to a dependant means the dependant’s income from all sources, for the relevant year for the purposes of regulation 75(3)(b) and for the prior financial year for the purposes of regulations 78 to 80, 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(28);

(c)any financial support payable to the dependant by a local authority in accordance with regulations made under sections 2, 3 or 4 of the Adoption and Children Act 2002(29);

(d)any guardian's allowance to which the dependant is entitled under section 77 of the Social Security Contributions and Benefits Act 1992(30);

(e)any payment made to a dependant, in respect of a child who is being looked after by a local authority and is placed with the dependant as the child’s foster parent, in pursuance of section 22C of the Children Act 1989(31) or, as the case may be, section 81 of the Social Services and Well-being (Wales) Act 2014(32);

(f)any payments made to the dependant under Schedule 1 to the Children Act 1989(33) 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(34) 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 1 of the Tax Credits Act 2002(35);

(h)a higher education bursary paid to the dependant under section 23C(5A) of the Children Act 1989(36);

(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(37), in respect of the fact that the dependant has 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(38) (the child element).

(3) 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.

(4) For the purposes of the definition of “relevant year” in paragraph (1)(i), where an eligible student is studying two or more courses in the same service year the household income falls to be assessed in respect of the course year of whichever of those courses has the earliest course start date.

(5) In this Chapter “ financial year ”, in relation to a person whose income is calculated under this Chapter, means the period of twelve months in respect of which their income is computed for the purposes of the income tax legislation which applies to it.

Elements of the grants for dependants

72. The grants for dependants consist of the following elements—

(a)adult dependants’ grant;

(b)childcare grant;

(c)parents’ learning allowance.

Amount of the grants for dependants - general

73.—(1) Subject to regulation 60, grants for dependants are payable in respect of a course year.

(2) An element of the grants for dependants is not payable if the eligible student does not provide requested details of income or other information needed to calculate the amount of that element to which they would otherwise be entitled.

Adjustment for concurrent study

74.—(1) This regulation applies where an eligible student is studying two courses where—

(a)each of those courses has a credit value of at least 120, and

(b)the periods of study of those courses overlap.

(2) In this regulation—

(a) “ day ” includes Saturday and Sunday;

(b) “ course A ” means whichever of the courses begins first;

(c) “ course B ” means whichever of the courses begins second;

(d) “ period of overlap ” means the period during which the periods of study of course A and course B overlap.

(3) The eligible student is not entitled to any element of the grants for dependants in respect of any day of course B that falls during the period of overlap.

Adult dependants’ grant - qualification and basic amount

75.—(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) For the purposes of regulation 58(1)(b), the threshold number of credits in relation to the adult dependants’ grant is 120 credits of study for the course year.

(3) 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,

provided that the dependant is ordinarily resident in the United Kingdom.

(4) The basic amount of adult dependants’ grant in relation to all course years that begin in the same service year is such amount not exceeding £3,545 as the Secretary of State considers is reasonable in the circumstances.

Childcare grant - qualification and basic amount

76. —(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.

(2) For the purposes of regulation 58(1)(b), the threshold number of credits in relation to the childcare grant is 120 credits of study for the course year.

(3) Subject to paragraphs (4), (5), (6), (7) and (9), the childcare grant is available in respect of any day of a course year in relation to which A incurs prescribed childcare charges for a dependent child who—

(a)is under the age of 15 immediately before the beginning of the course year, or

(b)has special educational needs within the meaning of section 20 of the Children and Families Act 2014(39) and is under the age of 17 immediately before the beginning of the course year.

(4) A does not qualify for a childcare grant if—

(a)A or A’s partner is entitled to an award of universal credit the calculation of which includes an amount under regulation 31 of the Universal Credit Regulations 2013 (childcare costs element),

(b)A’s partner has elected to receive financial support for childcare under a healthcare bursary, or

(c)A’s partner is eligible for a healthcare tuition payment and has elected to receive financial support for childcare under section 63 of the Health Services and Public Health Act 1968.

(5) A does not qualify for a childcare grant during any entitlement period for which A or A’s partner has made a valid declaration of eligibility under the Childcare Payments Act 2014(40) in relation to any child.

(6) A does not qualify for a childcare grant if the prescribed childcare charges that A incurs for A’s child are paid or to be paid by A to A’s partner.

(7) Childcare grant is not payable in respect of any prescribed childcare charges unless the application from the person seeking payment of the prescribed childcare charges reaches the Secretary of State—

(a)within the period of 13 weeks beginning with the end of the last day of the week in which the student incurred those prescribed childcare charges, or

(b)such later date as the Secretary of State specifies, having regard to all the circumstances of the case.

(8) Subject to paragraph (9), the basic amount of childcare grant for each week of a course year in relation to which A incurs prescribed childcare charges is—

(a)for one dependent child, 85% of the prescribed childcare charges, subject to a maximum weekly amount, or

(b)for two or more dependent children, 85% of the prescribed childcare charges, subject to a maximum weekly amount.

(9) A does not qualify for a childcare grant in relation to a week of a course year where—

(a)the course year is the final year of a course, or

(b)the course is less than one year in duration,

and the week falls after the last day of the course.

(10) For the purposes of calculating the basic amount of childcare grant under paragraph (8)—

(a)where a week in respect of which prescribed childcare charges are incurred falls partly within and partly outside the course year in respect of which childcare grant is payable under this regulation, the maximum weekly amount of childcare grant is calculated by multiplying the relevant maximum weekly amount in sub-paragraph (b) by the number of days of that week falling within the course year and dividing the product by seven;

(b)the maximum weekly amount is—

(i)£199.62 for the purposes of paragraph (8)(a);

(ii)£342.24 for the purposes of paragraph (8)(b).

(11) Subject to paragraph (12), in this regulation “ prescribed childcare charges ” means childcare charges of a description prescribed for the purposes of section 12 of the Tax Credits Act 2002 .

(12) “Prescribed childcare charges” do not include childcare charges in respect of childcare provided by a nanny unless the Secretary of State has determined that, owing to exceptional circumstances, it would be appropriate for A to incur childcare charges in respect of childcare provided by a nanny.

(13) In paragraph (12), “ nanny ” means a person who cares for a child in any of the circumstances specified in article 3 of the Childcare (Exemptions from Registration) Order 2008 ( 41 ) (and is consequently not required to be registered in either of the childcare registers established by section 32 of the Childcare Act 2006 )( 42 ).

(14) In this regulation, the terms “entitlement period” and “valid declaration of eligibility” have the meanings they are given in the Childcare Payments Act 2014 and regulations made under that Act.

Parents’ learning allowance - qualification and basic amount

77.—(1) An eligible student qualifies for the parents’ learning allowance in connection with their attendance on a designated course if they have one or more dependants who are dependent children.

(2) For the purposes of regulation 58(1)(b), the threshold number of credits in relation to the parents’ learning allowance is 120 credits of study for the course year.

(3) The basic amount of parents’ learning allowance payable in relation to all course years that begin in the same service year is £2,024.

Calculation of adult dependants’ grant

78.—(1) Subject to paragraph (3), the amount of adult dependants’ grant is equal to—

(2) The amount of adult dependants’ grant calculated under paragraph (1) in respect of an adult dependant is reduced by one half where—

(a)the eligible student’s partner—

(i)is an eligible student, or

(ii)holds a statutory award, and

(b)account is taken of that partner’s dependants in calculating the amount of support for which that partner qualifies, or the payment to which that partner is entitled, under the statutory award.

(3) No adult dependants’ grant is payable where the dependants’ income for the prior financial year exceeds £15,835.98.

Calculation of childcare grant

79.—(1) Subject to paragraph (8), the amount of childcare grant payable in respect of a course year is calculated—

(a)in accordance with paragraphs (2), (3), (6) and (7) where the eligible student has one dependent child only;

(b)in accordance with paragraphs (4), (5), (6) and (7) where the eligible student has two or more dependent children;

(2) The amount of childcare grant, where the dependants’ income for the prior financial year exceeds £9,727 but does not exceed £20,107.23, is an amount equal to—

(3) The amount of childcare grant, where the dependants’ income for the prior financial year does not exceed £9,727, is an amount equal to—

(4) The amount of childcare grant, where the dependants’ income for the prior financial year exceeds £11,118 but does not exceed £28,914.47, is an amount equal to—

(5) The amount of childcare grant, where the dependants’ income for the prior financial year does not exceed £11,118, is an amount equal to—

(6) The amount of childcare grant payable is nil where—

(a)the eligible student has one dependent child only and the dependants’ income for the prior financial year exceeds £20,107.23, or

(b)the eligible student has two or more dependent children and the dependants’ income for the prior financial year exceeds £28,914.47.

(7) The amount of childcare grant calculated in accordance with paragraphs (2), (3) and (6) or paragraphs (4), (5) and (6), as applicable, is reduced by one half where—

(a)the eligible student’s partner—

(i)is an eligible student, or

(ii)holds a statutory award, and

(b)account is taken of that partner’s dependants in calculating the amount of support for which that partner qualifies, or the payment to which that partner is entitled, under the statutory award.

(8) Where an eligible student has one dependent child for part of the course year and two or more dependent children for another part of the course year, the eligible student’s entitlement to childcare grant is the sum of—

(a)the amount calculated in accordance with paragraphs (2), (3), (6) and (7) in respect of the days of the course year on which the student had one dependent child, and

(b)the amount calculated in accordance with paragraphs (4), (5), (6) and (7) in respect of the days of the course year on which the student had two or more dependent children.

(9) An eligible student may request an amount of childcare grant to be payable which is less than the amount calculated under this regulation.

(10) Where an eligible student makes a request under paragraph (9), the amount of childcare grant payable is the amount requested, provided that the Secretary of State considers the amount requested to be reasonable in the circumstances.

Calculation of parents’ learning allowance

80.—(1) Subject to paragraphs (2) and (3), the amount of parents’ learning allowance is equal to—

(2) Where the amount of parents’ learning allowance calculated under paragraph (1) is £0.01 or more but less than £50, the amount of parents’ learning allowance payable is £50.

(3) No parents’ learning allowance is payable where the dependants’ income for the prior financial year exceeds £18,957.98.

Assessment of net income for current year

81. —(1) Where the Secretary of State is satisfied that the net income of the eligible student’s dependent children for the financial year beginning immediately before the relevant year (“the current financial year”) is likely to be not more than 85% of the sterling value of their net income for the prior financial year, the Secretary of State may, for the purpose of enabling the eligible student to attend the course without hardship, use the dependent children’s net income for the current financial year for the purposes of the calculations in regulations 78 to 80.

(2) In the event that paragraph (1) or this paragraph is applied in the previous course year of the current course and the Secretary of State is satisfied that the net income of the eligible student’s dependent children for the financial year beginning immediately before the relevant year is likely to be not more than 85% of the sterling value of their net income for the previous financial year, the Secretary of State may, for the purpose of enabling the eligible student to attend the course without hardship, use the dependent children’s net income for the current financial year for the purposes of the calculations in regulations 78 to 80.

(3) In a course 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 (1) and, where applicable, under paragraph (2), the Secretary of State must use the dependent children’s net income for the preceding financial year for the purposes of the calculations in regulations 78 to 80.

Changes during a course year

82.—(1) This regulation applies if any of the following changes occurs during the course year—

(a)there is a change in the number of the eligible student’s dependants;

(b)a person becomes or ceases to be a dependant of the eligible student;

(c)a student becomes eligible for support as a result of—

(i)a course designation event, or

(ii)an in-year qualifying event.

(2) For the purposes of determining whether adult dependants’ grant or parents’ learning allowance is payable, the Secretary of State must determine the following in relation to each day of the course year, by reference to the student’s circumstances on that day—

(a)how many dependants the eligible student is to be treated as having;

(b)who those dependants are.

(3) The amount of adult dependants’ grant and parents’ learning allowance in respect of a day of the course year is the amount that grant would be for the course year if the student’s circumstances on that day applied for the duration of the course year, divided by 365 or, where the course year includes 29th February, 366.

(4) The amount of grants for dependants for the course year is the aggregate of the amounts of adult dependants’ grant and parents’ learning allowance calculated in respect of each day of the course year under paragraph (3) and the amount of any childcare grant for the course year calculated under regulation 79.

Part 7 Payments

Chapter 1 Interpretation of Part 7

Interpretation

83. In this Part, “ attendance confirmation ” means—

(a)confirmation from the academic authority that the student has enrolled for the course year where—

(i)the student is applying for support in connection with a designated course for the first time,

(ii)the student has a disability, and

(iii)the student is undertaking the course but not attending (regardless of whether the reason for not attending relates to the student’s disability);

(b)confirmation from the academic authority that the student has been present at the institution and begun to attend the course where—

(i)the student is applying for support in connection with a designated course for the first time,

(ii)the student’s status as an eligible student has not been transferred to the course from another designated course at the same institution, and

(iii)paragraph (a)(iii) does not apply;

(c)confirmation from the academic authority that the student has enrolled for the course year where—

(i)the student is applying for support in connection with a designated course other than for the first time, or

(ii)the student is applying for support in connection with a designated course for the first time after the student’s status as an eligible student has been transferred to that course from another course at the same institution.

Chapter 2 Payment of supplementary grants

Payment of supplementary grants

84.—(1) The Secretary of State may pay support under Part 6 in instalments.

(2) Subject to paragraph (4), the Secretary of State may pay a supplementary grant under Part 6 at such times as the Secretary of State considers appropriate.

(3) An academic authority is required to send an attendance confirmation to the Secretary of State.

(4) The Secretary of State must not pay the first instalment or, where it has been determined not to pay a supplementary grant under Part 6 by instalments, make any payment of a supplementary grant under Part 6, to any person before the Secretary of State has received the attendance confirmation unless an exception applies.

(5) An exception applies if—

(a)the disabled students’ allowance is payable, in which case that particular supplementary grant may be paid before the Secretary of State has received an attendance confirmation, or

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

(6) Where a final assessment cannot be made on the basis of the information provided by the student, the Secretary of State may make a provisional assessment and payment of a supplementary grant under Part 6.

(7) Payment of a supplementary grant under Part 6 is to be made in such a manner as the Secretary of State considers appropriate and the Secretary of State may make it a condition of entitlement to payment that the eligible student, or in the case of a childcare grant, a person seeking payment of prescribed childcare charges, must provide the Secretary of State or such person as the Secretary of State specifies with particulars of a bank or building society account in the United Kingdom into which payments may be made by electronic transfer.

(8) No supplementary grant is due in respect of any day of a course year on which the eligible student is a prisoner, unless in the opinion of the Secretary of State it would be appropriate in all the circumstances for support to be paid in respect of that day.

(9) In deciding whether it would be appropriate for a supplementary grant to be paid under paragraph (8), the circumstances to which the Secretary of State must have regard include the financial hardship which not paying the supplementary grant would cause and whether not paying the supplementary grant would affect the student's ability to continue the course.

(10) No supplementary grant in respect of the current course is due in respect of any payment period beginning after an eligible student's period of eligibility terminates.

(11) Where an eligible student's period of eligibility terminates on or after the first day of the relevant course year, the Secretary of State must determine—

(a) the amount of each supplementary grant for which the student qualifies that would be payable in respect of the relevant payment period if the eligible student's period of eligibility had not terminated (the “full amount”), and

(b) how much of the full amount is due in respect of the period which runs from the first day of the relevant payment period up to and including the day on which the eligible student's period of eligibility terminated (the “partial amount”).

(12) If the Secretary of State has made a payment of a supplementary grant in respect of the relevant payment period before the point in that period at which the eligible student's period of eligibility terminated and that payment exceeds the partial amount of that grant—

(a)the Secretary of State may treat the excess as an overpayment of that grant, or

(b)if the Secretary of State considers that it is appropriate to do so, the Secretary of State may extend the student's period of eligibility in respect of that grant until the end of the relevant payment period and determine that the full amount of that grant is due in respect of that payment period.

(13) Subject to paragraph (14), if a payment of a supplementary grant in respect of the relevant payment period is due to be made or is made after the eligible student's period of eligibility has terminated, the amount of that grant due is the partial amount unless the Secretary of State considers it appropriate to extend the period of eligibility in respect of that grant until the end of the relevant payment period and to determine that the full amount of that grant is due in respect of that payment period.

(14) Paragraph (13) does not apply to a payment of the disabled students' allowance in respect of specialist equipment.

(15) No supplementary grant is due in respect of a payment period during any part of which an eligible student is absent from the course, unless in the opinion of the Secretary of State it would be appropriate in all the circumstances for support to be paid in respect of the period of absence.

(16) In deciding whether it would be appropriate for a supplementary grant to be paid under paragraph (15), the circumstances to which the Secretary of State must have regard include the reasons for the student's absence, the length of the absence and the financial hardship which not paying the supplementary grant would cause.

(17) An eligible student is not to be considered absent from the course if the student is unable to attend due to illness and the student's absence has not exceeded 60 consecutive days.

(18) Where, after the Secretary of State has made a payment of a supplementary grant under Part 6, the Secretary of State makes a determination of the amount of a supplementary grant for which the student qualifies, either for the first time or by way of revision of a provisional or other determination of that amount—

(a)if the determination increases the amount of that grant for which the student qualifies, the Secretary of State must pay the additional amount in such instalments (if any) and at such times as the Secretary of State considers appropriate;

(b)if the determination decreases the amount of that grant for which the student qualifies, the Secretary of State must subtract the amount of the decrease from the amount of that grant which remains to be paid;

(c)if the amount of the decrease is greater than the amount of that grant remaining to be paid, the latter amount is reduced to nil and the balance subtracted from any other supplementary grant for which the student qualifies in respect of the course year;

(d)any remaining overpayment is recoverable in accordance with Chapter 4 of this Part.

(19) In the case of a childcare grant—

(a)the general rule is that an application from a person seeking payment of prescribed childcare charges must reach the Secretary of State within the period of 13 weeks beginning with the last day of the week in which the student incurred those prescribed childcare charges;

(b)the general rule does not apply where the Secretary of State, having regard to the circumstances of the particular case, considers that 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.

Chapter 3 Payment of loans

Provision of United Kingdom national insurance number

85.—(1) The Secretary of State may make it a condition of entitlement to payment of any loan that the eligible student must provide the Secretary of State with the student’s United Kingdom national insurance number.

(2) Where the Secretary of State has imposed a condition under paragraph (1), the Secretary of State must not make any payment of the loan to the eligible student before the Secretary of State is satisfied that the student has complied with that condition.

(3) Despite paragraph (2), the Secretary of State may make a payment of a loan to an eligible student if the Secretary of State is satisfied that, owing to exceptional circumstances, it would be appropriate to make such payment without the eligible student having complied with the condition imposed under paragraph (1).

Information requirements

86.—(1) The Secretary of State may at any time request from an applicant or eligible student information that the Secretary of State considers is required to recover a loan.

(2) The Secretary of State may at any time require an applicant or eligible student to enter into an agreement to repay a loan by a particular method.

(3) The Secretary of State may at any time request from an applicant or eligible student sight of their valid national identity card, valid passport issued by the state of which they are a national, or their birth certificate.

(4) Where the Secretary of State has requested information under this regulation, the Secretary of State may withhold payment of a loan until the person provides what has been requested or provides a satisfactory explanation for not complying with the request.

(5) Where the Secretary of State has required an agreement as to the method of repayment under this regulation, the Secretary of State may withhold any payment of a loan until the person provides what has been required.

Payment of fee loans

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

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

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

(a)a request for payment, and

(b)confirmation (in such form as may be required by the Secretary of State) of the student’s attendance on the course for the period to which the instalment relates.

(4) An academic authority must not send confirmation of the student’s attendance to the Secretary of State—

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

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

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

(5) In this regulation, “ confirmation of the student’s attendance ” means confirmation from the academic authority that the student—

(a)has enrolled for the course year and has begun to attend (or in the case of a distance learning course, undertake) the course for that course year, where the confirmation relates to the payment of the fee loan or the first instalment of the fee loan for the course year, or

(b)remains enrolled and continues to attend (or in the case of a distance learning course, undertake) the course, where the confirmation relates to payment of an instalment of the fee loan other than the first instalment.

(6) The academic authority must inform the Secretary of State if a student ceases to attend or undertake the designated course during the course year.

Payment of loans for living costs

88.—(1) The Secretary of State may pay a loan for living costs under Part 5 in instalments.

(2) Subject to paragraph (4), the Secretary of State may pay a loan for living costs under Part 5 at such times as the Secretary of State considers appropriate.

(3) An academic authority is required to send an attendance confirmation to the Secretary of State.

(4) The Secretary of State must not pay the first instalment, or where it has been determined not to pay a loan for living costs under Part 5 by instalments, make any payment of a loan for living costs under Part 5 to the eligible student before the Secretary of State has received an attendance confirmation from the relevant academic authority unless an exception applies.

(5) An exception applies if the Secretary of State has determined that, owing to exceptional circumstances, it would be appropriate to make a payment without receiving an attendance confirmation.

(6) Where a final assessment cannot be made on the basis of the information provided by the student, the Secretary of State may make a provisional assessment and payment of a loan for living costs under Part 5.

(7) Payments of a loan for living costs under Part 5 are to be made in such a manner as the Secretary of State considers appropriate and the Secretary of State may make it a condition of entitlement to payment that the eligible student must provide the Secretary of State with particulars of a bank or building society account in the United Kingdom into which payments may be made by electronic transfer.

(8) Where the Secretary of State has made a payment of a loan for living costs under Part 5 and a student who qualifies for a loan for living costs under Part 5 applies for an additional amount in respect of a course year, the Secretary of State may pay that additional amount of loan in such instalments and at such times as the Secretary of State considers appropriate, as soon as is reasonably practicable after a satisfactory application has been received.

(9) No loan for living costs is due in respect of any day of a course year on which the eligible student is a prisoner, unless in the opinion of the Secretary of State it would be appropriate in all the circumstances for a loan for living costs to be paid in respect of that day.

(10) In deciding whether it would be appropriate for a loan for living costs to be due, the circumstances to which the Secretary of State must have regard include the financial hardship which not paying the loan for living costs would cause and whether not paying the loan for living costs would affect the student's ability to continue the course.

(11) No loan for living costs in respect of the current course is due in respect of any payment period beginning after an eligible student's period of eligibility terminates.

(12) No loan for living costs is due in respect of a payment period during part of which an eligible student is absent from the course, unless in the opinion of the Secretary of State it would be appropriate in all the circumstances for support to be paid in respect of the period of absence.

(13) In deciding whether it would be appropriate for a loan for living costs to be due, the circumstances to which the Secretary of State must have regard include the reasons for the student's absence, the length of the absence and the financial hardship which not paying the support would cause.

(14) An eligible student is not to be considered absent from the student's course if the student is unable to attend due to illness and the student's absence has not exceeded 60 consecutive days.

(15) Where, after the Secretary of State has made a payment of a loan for living costs under Part 5 for which a student qualifies in respect of a course year, the Secretary of State makes a determination that the amount of a loan for living costs for which the student qualifies is less than the amount previously determined either by way of a revision of a provisional assessment or otherwise—

(a)the Secretary of State must subtract from any amount of loan which remains to be paid under Part 5 such amount as is necessary to ensure that the student does not borrow an amount of loan under Part 5 which is greater than that for which the student qualifies;

(b)if the amount to be subtracted is greater than the amount of loan remaining to be paid under Part 5, the amount of that loan remaining to be paid is reduced to nil;

(c)any remaining overpayment is recoverable in accordance with Chapter 4 of this Part.

Chapter 4 Overpayments

Overpayment of fee loans

89.—(1) An overpayment of a fee loan is recoverable by the Secretary of State from—

(a)the academic authority, or

(b)the student in respect of whom the payment of a fee loan was made.

(2) A student must, if so required by the Secretary of State, repay any amount of a fee loan paid in respect of the student which for whatever reason exceeds the amount of a fee loan to which the student is entitled.

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

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

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

(b)by subtracting the overpayment from any kind of grant or loan payable to the student from time to time pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act as modified by section 28A of that Act;

(c)by requiring the student to repay the fee loan in accordance with regulations made under section 22 of the 1998 Act as modified by section 28A of that Act;

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

Overpayment of supplementary grants and loans for living costs

90.—(1) A student must, if so required by the Secretary of State, repay any amount paid to the student under Part 5 or Part 6 which, for whatever reason, exceeds the amount of support to which the student is entitled under Part 5 or Part 6.

(2) The Secretary of State must recover an overpayment of any supplementary grant unless the Secretary of State considers it is not appropriate to do so.

(3) The methods of recovery are—

(a)subtracting the overpayment from any kind of grant or loan payable to the student from time to time pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act as modified by section 28A of that Act;

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

(4) A payment of any supplementary grant made before the relevant date is an overpayment if the student withdraws from the course before the relevant date, unless the Secretary of State decides otherwise.

(5) In this regulation, “the relevant date” is the course start date.

(6) In the circumstances in paragraph (7) or (8), there is an overpayment of the disabled students’ allowance unless the Secretary of State decides otherwise.

(7) The circumstances are—

(a)the Secretary of State applies all or part of the disabled students’ allowance to the purchase of specialist equipment on behalf of the student,

(b)the student’s period of eligibility terminates after the relevant date, and

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

(8) The circumstances are—

(a)the student’s period of eligibility terminates after the relevant date, and

(b)a payment of the disabled students’ allowance in respect of specialist equipment is made to the student after the student’s period of eligibility terminated.

(9) Where there is an overpayment of the disabled students’ allowance, the Secretary of State may accept the return of specialist equipment purchased with the grant by way of recovery of all or part of the overpayment if the Secretary of State considers it appropriate to do so.

(10) An overpayment of a loan for living costs in respect of a course year is recoverable by the Secretary of State from the student to whom the payment was made.

(11) The methods of recovery are—

(a)subtracting the overpayment from any kind of grant or loan payable to the student from time to time pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act as modified by section 28A of that Act;

(b)requiring the student to repay the loan in accordance with regulations made under section 22 of the 1998 Act as modified by section 28A of that Act;

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

Part 8 Consequential amendment of other subordinate legislation

Chapter 1 Amendment of the 2007 Fees and Awards Regulations

Amendment of the 2007 Fees and Awards Regulations

91. The 2007 Fees and Awards Regulations are amended in accordance with Schedule 8.

Chapter 2 Amendment of the 2016 Master’s Degree Regulations

Amendment of the 2016 Master’s Degree Regulations

92.—(1) The 2016 Master’s Degree Regulations are amended in accordance with this regulation.

(2) In regulation 2 (interpretation)—

(a) after the definition of “the 1998 Act” insert—

• ““the 2011 Student Support Regulations” means the Education (Student Support) Regulations 2011;”;

(b)after the definition of “the 2020 Citizens’ Rights Regulations”(43) insert—

• ““the 2026 Student Support Regulations” means the Lifelong Learning (Student Support) (Amendment of Fees and Awards etc.) Regulations 2026;”;

(c)in the definition of “student loans legislation”—

(i)after “means” insert “the 2026 Student Support Regulations,”;

(ii)for “the student support regulations” substitute “the 2011 Student Support Regulations”;

(d)omit the definition of “student support regulations”.

(3) In regulation 3 (eligible students), in paragraph (3), in sub-paragraph (f)(44), for “the student support regulations” substitute “the 2011 Student Support Regulations”.

(4) In regulation 4 (designated courses), in paragraph (5)(45)—

(a)for “the student support regulations or” substitute “the 2011 Student Support Regulations,”;

(b)after “2018” insert “, or regulation 10 (designation of courses) or 11 (designation of modules) of the 2026 Student Support Regulations”.

Chapter 3 Amendment of the 2018 Doctoral Degree Regulations

Amendment of the 2018 Doctoral Degree Regulations

93.—(1) The 2018 Doctoral Degree Regulations are amended in accordance with this regulation.

(2) In regulation 2 (interpretation)—

(a)after the definition of “the 1998 Act” insert—

• ““the 2011 Student Support Regulations” means the Education (Student Support) Regulations 2011;”;

(b)after the definition of “the 2020 Citizens’ Rights Regulations”(46) insert—

““the 2026 Student Support Regulations” means the Lifelong Learning (Student Support) (Amendment of Fees and Awards etc.) Regulations 2026;”;

(c)in the definition of “student loans legislation”, for the student support regulations” substitute “the 2011 Student Support Regulations, the 2026 Student Support Regulations,”;

(d)omit the definition of “student support regulations”.

(3) In regulation 3 (eligible students), in paragraph (3), in sub-paragraph (f), for “the student support regulations” substitute “the 2011 Student Support Regulations”.

(4) In regulation 4 (designated courses), in paragraph 4—

(a)for “the student support regulations or” substitute “the 2011 Student Support Regulations,”;

(b)after “the 2016 Master’s Degree Regulations” insert “, or regulation 10 (designated courses) or 11 (designated modules) of the 2026 Student Support Regulations”.

Schedules

Regulation 3

Schedule 1 Interpretation

Part 1 General definitions

1. In these Regulations—

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

“ the 2007 Fees and Awards Regulations ” means the Education (Fees and Awards) (England) Regulations 2007 ( 47 );

“ the 2011 Student Support Regulations ” means the Education (Student Support) Regulations 2011 ( 48 );

“ the 2016 Master’s Degree Regulations ” means the Education (Postgraduate Master’s Degree Loans) Regulations 2016 ( 49 );

“ the 2017 Act ” means the Higher Education and Research Act 2017 ( 50 );

“ the 2018 Doctoral Degree Regulations ” means the Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 2018 ( 51 );

“ the 2020 Citizens’ Rights Regulations ” means the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 ( 52 );

“ academic authority ”, in relation to an institution, means the governing body or other body having the functions of a governing body and includes a person acting with the authority of that body;

“ activity ” refers to any individual type of activity within the meaning of “ credit-differentiated activity ” as defined by regulation 11(2) of the Lifelong Learning (Fee Limits) Regulations 2026 ;

“ additional entitlement ” has the meaning given by regulation 25;

“ advanced learner loan ” means a type of loan funding approved by the Secretary of State and provided in relation to specific courses that are or were designated for student support under regulation 4 of the Further Education Loans Regulations 2012 ;

“ ALL-transfer course ” means a course included in the list published under regulation 9(1)(a);

“ allied health profession subject ” means chiropody, a dental profession subject, dietetics, dietetics and nutrition, occupational therapy, orthoptics, orthotics and prosthetics, physiotherapy, podiatry, radiography, radiotherapy, or 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, Children and Learning Act 2009 ( 53 ) (see section A12(1) of that Act )) which—

“ bursary year ” means a course year in relation to which a student is—

“ concurrent study ” (or “studying two or more courses concurrently”) means a student enrolling or being enrolled on two or more courses where the periods of study overlap and where they are in receipt of funding for those courses;

“ course designation event ” has the meaning given by regulation 5(2);

“ course start date ” means the date within the first course year on which a course begins;

“ course year ” means—

“ credit value ” means the number of credits attached or, where no credits are attached, regarded as being attached to a course year;

“ credits ” has the meaning given by regulation 4(5);

“ credits attached ” (and similar terms such as “credits are attached”) has the meaning given by regulation 9 of the Lifelong Learning (Fee Limits) Regulations 2026 (attachment of credits) ;

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

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

“ designated course ” means a course that is designated by or under regulation 10 (designation of courses) ;

“ designated module ” means a module that is designated by or under regulation 11 (designation of modules) ;

“ 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( 55 );

“ disability ” has the meaning given by section 6 of the Equality Act 2010 ( 56 );

“ disabled students’ allowance ” means the supplementary grant available under Chapter 2 of Part 6;

“ 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—

“ eligible prisoner ” means a prisoner—

“ eligible student ” has the meaning given by regulation 7(2);

“ employment-based teacher training scheme ” means—

“ English higher education provider ” means an institution in England which provides higher education courses;

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

“ fee loan ” means a loan for tuition fees made to a student pursuant to these Regulations;

“ fee loan entitlement balance ” has the meaning given by regulation 24(1);

“ fee loan per-credit limit ” has the meaning given by regulation 34(2)(d);

“ fees ” has the meaning given by section 85(2) of the 2017 Act;

“ first course year ” has the meaning given by paragraph (a) of the definition of “course year”;

“ full course ” means a higher education course that is not a module of another higher education course;

“ full-time course year ” means a course year that—

and references to study which is full-time or equivalent to full-time are to be construed accordingly;

“ gateway course ” means a course included in the list published under regulation 9(1)(b);

“ graduate entry accelerated programme ” means a course—

“ graduate entry veterinary course ” means a course—

“ healthcare bursary ” means a bursary or award of similar description under—

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

“ higher education course ” has the meaning given by regulation 4(2);

“ higher education provider ” means an institution which provides higher education courses (and “ provider ” is to be construed accordingly);

“ home institution ” means the institution at which a student is enrolled;

“ household income ” has the meaning given by paragraph 3 of Schedule 7;

“ immigration rules ” has the meaning given by section 33(1) of the Immigration Act 1971 ( 58 );

“ in-year qualifying event ” has the meaning given by regulation 5(3);

“ information ” includes documents;

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

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

“ intercalated year ” means an additional year of study undertaken part way through a course in medicine, dentistry or veterinary science—

“ the Islands ” means the Channel Islands and the Isle of Man;

“ level ” refers to the standard of qualification—

“ lifetime entitlement ” has the meaning given by regulation 22;

“ loan ”, except where otherwise indicated, means a loan pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act as modified by section 28A of that 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 described in regulation 36(1);

“ loan for maintenance ” has the meaning given by regulation 36(2);

“ module ” has the meaning given by regulation 4(3);

“ module designation event ” has the meaning given by regulation 5(9);

“ non-income assessed healthcare bursary ” means a healthcare bursary the amount of which is not calculated by reference to income;

“ normal taught study ” means learning at the home institution as part of a course, which includes lectures, coursework, laboratory work, seminars, and independent reading or study, assessment and revision;

“ Northern Irish designated course ” means a Schedule 4 course which is substantially provided in Northern Ireland and is designated under—

“ notional learning hours ” means the volume of study for a course or part of a course measured in hours, and provides an indication of the approximate learning time for a student;

“ Ofqual ” means the Office of Qualifications and Examinations Regulation, as established by section 127(1) of the Apprenticeships, Skills, Children and Learning Act 2009 ( 63 );

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

“ payment period ” means a period in respect of which the Secretary of State pays the relevant support under Part 5 or Part 6 or would have paid such support if the eligible student’s period of eligibility had not terminated;

“ period of eligibility ” has the meaning given by regulation 13;

“ person granted Calais leave ” means a person who—

“ person granted humanitarian protection ” means a person—

“ person granted indefinite leave to enter or 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—