The Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2007

Amendment of regulation 123 of the SSR 2007

23.  In regulation 123 of the SSR 2007—

(a) after paragraph (4), insert—

“(4A) Where an eligible distance learning student ceases to undertake a designated distance learning course and transfers to a designated part-time course at the same or at another institution, the Secretary of State must convert the student’s status as an eligible distance learning student to that of an eligible part-time student in connection with the course to which he is transferring where—

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

(b) the period of eligibility has not terminated.

(4B) Where, before completing the designated distance learning course, the student transfers to a part-time course in the same subject or subjects leading to the same qualification at the same institution, the part-time course is to be treated as satisfying regulation 112(1)(b) and (c) if the period of part-time study to be undertaken by the student is of at least one academic year’s duration and does not exceed twice the period ordinarily required to complete the remainder of the designated distance learning course from which the student transfers.

(4C) Subject to paragraph (4D), a student who transfers under paragraph (4A) shall receive in connection with the academic year of the course to which he transfers the remainder of the support for which the Secretary of State has determined he qualifies under Part 10A in respect of the academic year of the designated distance learning course from which he transfers.

(4D) The Secretary of State may re-assess the amount of support payable after the transfer.

(4E) An eligible student who transfers under paragraph (4A) after the Secretary of State has determined his support in connection with the academic year of the distance learning course from which he is transferring but before he completes that year—

(a) may not apply for a grant under regulation 114(1)(b) if he has already applied for a grant under regulation 109E(1)(b);

(b) may not apply for a grant under regulation 118 if he has already applied for a grant under regulation 109H.

(4F) Where a student transfers under paragraph (4A), the total amount of assistance paid to the student under regulations 109E(1)(a) and 114(1)(a) in respect of the academic years from and to which he transfers must not exceed the amount of support determined to be payable to the student under regulation 109E(1)(a).”;

(b) after paragraph (6), insert—

“(6A) Where an eligible part-time student ceases to undertake a designated part-time course and transfers to a designated distance learning course at the same or at another institution, the Secretary of State must convert that student’s status as an eligible part-time student to that of an eligible distance learning student in connection with the course to which he is transferring where—

(a) he receives a request from the eligible part-time student to do so; and

(b) the period of eligibility has not terminated.

(6B) Subject to paragraph (6C), a student who transfers under paragraph (6A) shall receive in connection with the academic year of the course to which he transfers the remainder of the support for which the Secretary of State has determined he qualifies under Part 11 in respect of the academic year of the designated part-time course from which he transfers.

(6C) The Secretary of State may re-assess the amount of support payable after the transfer.

(6D) An eligible student who transfers under paragraph (6A) after the Secretary of State has determined his support in connection with the academic year of the distance learning course from which he is transferring but before he completes that year—

(a) may not apply for a grant under regulation 109E(1)(b) if he has already applied for a grant under regulation 114(1)(b);

(b) may not apply for a grant under regulation 109H if he has already applied for a grant under regulation 118.

(6E) Where a student transfers under paragraph (6A), the total amount of assistance paid to the student under regulations 109E(1)(a) and 114(1)(a) in respect of the academic years from and to which he transfers must not exceed the maximum amount of support determined to be payable to the student under regulation 109E(1)(a).”.