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The Education (Student Loans) (Scotland) Regulations 2000

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Maximum amounts of loans

10.  The maximum amount of loan in respect of each academic year shall not exceed such amount as may be determined from time to time by the Scottish Ministers and different maximum amounts may be determined for different categories of student.

Means test

11.—(1) In determining the amount of a loan payable under these Regulations, the Scottish Ministers shall take account of the sums, if any, which–

(a)in accordance with principles determined by them from time to time; and

(b)after having regard to any sums taken into account under regulation 4(3) of the Student’s Allowances (Scotland) Regulations 1999(1) in determining the amount of an allowance payable to the eligible student under those Regulations,

the eligible student, the eligible student’s parents and the eligible student’s spouse can reasonably be expected to contribute towards the eligible student’s expenses.

(2) For the purpose of the exercise of their functions under this regulation the Scottish Ministers may require an eligible student to provide from time to time such information as the Scottish Ministers consider necessary as to the income of any person whose means are relevant to the assessment of a contribution under this regulation.

Hardship loans

12.—(1) An eligible student who has applied for the maximum amount of loan in respect of an academic year and has received at least one instalment of that loan may apply on not more than two occasions in each academic year for an additional loan on grounds of hardship, which shall be known as a “hardship loan”.

(2) A hardship loan shall be not less than £100 and not more than £500 and shall be a multiple of £100.

(3) The total amount of hardship loans payable to an eligible student in respect of an academic year shall not exceed £500.

(4) An eligible student shall demonstrate hardship by providing such evidence of his requirements and resources as the Scottish Ministers may require.

(5) On being satisfied that due to exceptional financial hardship the student may not be able to continue to attend his course for the remaining part of the academic year the Scottish Ministers shall determine the amount of hardship loan which they consider the student requires, and the student shall be eligible for a hardship loan of that amount.

(6) A student who is eligible for a hardship loan shall apply for a loan not greater than the amount determined by the Scottish Ministers in accordance with the provisions of paragraph (5) by completing and submitting to the Scottish Ministers an application in such form as they may require not later than one month after the date the student receives notice of the determination under paragraph (5) and one month before the end of the academic year.

(7) The student shall sign a declaration on the application form in the terms set out in regulation 6(3).

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