The Education (Student Loans) Regulations 1996

Conditions of eligibility

4.—(1) A student attending a course of higher education of at least one academic year’s duration shall be eligible for a loan in relation to an academic year which begins on or after 1st August 1996 if—

(a) his course of study during that academic year forms part or all of—

(i) a full-time course; or

(ii) a course (whether or not full-time) for the initial training of teachers which is for the time being designated by or under regulations made by virtue of section 1(2)(b) and (3)(c) of the Education Act 1962(1); and

(b) (i) he satisfies the conditions prescribed in the Schedule to these Regulations; or

(ii) in respect of the course he satisfies one of the conditions of eligibility for an allowance set down in Schedule 1 to the Students' Allowances (Scotland) Regulations 1991(2); or

(iii) before the commencement of or at any time during that academic year he is a person, or the spouse or child of a person, who has been recognised as a refugee and who from the time of such recognition has been ordinarily resident in the British Islands; and

(c) the loans administrator has received the certified eligibility form referred to in regulation 13(4)(g) or (6)(d) in connection with his application for the loan; and

(d) he has agreed with the loans administrator to notify the latter promptly in writing if he ceases to attend his course—

(i) because he has completed it on a date earlier than that specified by him in the eligibility form referred to in regulation 13 (4)(d) or (6)(a); or

(ii) otherwise than because he has completed it; and

(e) he has agreed with the loans administrator to accept payment of the loan by direct credit to his bank or building society account and has provided the administrator with a signed direct debiting instruction in favour of the administrator in respect or repayments of the loan from that account; and

(f) he has entered into an agreement for the loan not later than the end of the period of 12 months beginning on 1st August in which that academic year begins; and

(g) he is not a person to whom paragraph (2) applies.

(2) This paragraph applies to a person who—

(a) before the date on which the course begins has attained the age of fifty years; or

(b) in respect of the academic year in question is eligible to receive any payment in pursuance of any bursary or award of similar description bestowed on him in pursuance of section 63 of the Health Services and Public Health Act 1968(3) the amount of which is not calculated by reference to his income; or

(c) in respect of his attendance at the course is eligible to receive an allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 1992(4); or

(d) is in breach of any obligation contained in any agreement for a loan; or

(e) subject to paragraph (3) was under the age of 18 when any agreement for a loan was made with him and who has not ratified that agreement after attaining that age.

(3) In the case of an agreement for a loan which is subject to the law of Scotland, sub-paragraph (e) of paragraph (2) shall apply only if—

(a) the agreement referred to in that sub-paragraph was entered into before 25th September 1991; and

(b) that agreement was made—

(i) with the concurrence of the borrower’s curator; or

(ii) at a time when the borrower had no curator.

(4) A student shall not be eligible for more than one loan in relation to any one academic year.

(5) A student shall not be eligible for a loan in relation to—

(a) more than one academic year, or

(b) more than one course

beginning in any period of twelve months beginning on 1st August in any year.

(1)

1962 c. 12; the Regulations which will be in force from 1st September 1996 are the Education (Mandatory Awards) Regulations 1995 (S.I. 1995/3321).

(2)

S.I. 1991/1522.

(3)

1968 c. 46; section 63 was amended by the National Health Services Reorganisation Act 1973 (c. 32), section 57, Schedule 4, paragraph 124, and Schedule 5, the National Health Service Act 1977 (c. 49), section 129, Schedule 15, paragraph 45 and Schedule 16, the National Health Services (Scotland) Act 1978 (c./29), section 109, Schedule 16, paragraph 26(2) and Schedule 17, the Health Services Act 1980 (c. 53) sections 1, 2 and Schedule 1, Part I, paragraph 19(3), the Local Government Act 1985 (c. 51), section 102(2) and Schedule 17, the Family Practitioner Committees (Consequential Modifications) Order 1985 (S.I. 1985/39), article 6(1), the Health and Medicines Act 1988 (c. 49), section 20, section 25(2) and Schedule 3, the Local Government (Scotland) Act 1994 (c. 39), section 180(1) and Schedule 13, paragraph 74(1) and (2), and the Health Authorities Act 1995 (c. 17), section 2 and Schedule 1, paragraph 95(2).

(4)

S.I. 1992/580.