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(This note is not part of the Regulations)
These Regulations, which come into force on 10th January 2003, are made under section 22 of the Teaching and Higher Education Act 1988. They provide for support for students attending designated higher education courses in respect of the academic year beginning on or after 1st September 2003.
The Regulations revoke the Education (Student Support) Regulations 2002 (“the 2002 Regulations”) the Education (Student Support) (Amendment) Regulations 2002 and the Education (Student Support) (Amendment) (No. 2) Regulations 2002.
Provisions in these Regulations which differ from the corresponding provisions of the 2002 Regulations as amended (except for minor drafting or consequential changes) are indicated by the use of heavy type. Omissions are indicated by the use of dots and references to omissions and amendments below are to provisions of the 2002 Regulations which have been omitted or as the case may be amended. Changes of substance made by these Regulations other than rates of fees, grants and loans are described below.
A number of minor changes are made. A definition of “electronic signature” is inserted in regulation 2(1) and a new regulation 2(7) provides that any reference in the Regulations to the signature of a declaration includes electronic signature in such form as the Secretary of State may specify. The definition of “high cost country” in regulation 2(1) is omitted. Regulation 10(10)(b) is amended so that in determining the period referred to in regulation 10(9)(c) a once repeated or part repeated first year of a student’s course is not included.
Regulation 15 is amended. Paragraph (1) is amended to provide that an eligible student may only be eligible for a grant for living costs under this paragraph for an adult dependant whose net income does not exceed the prescribed amount or a spouse. The formula in paragraph (2) by which an eligible student’s grant for living costs under paragraph (1) may be reduced or extinguished is amended. Paragraph (5) which provides for an additional grant for an eligible student who maintains a home for himself and a dependant at a place other than that at which he resides is omitted. A new paragraph (7) provides for a grant for an eligible student with one or more dependent children who has elected not to be treated as eligible for a grant for dependant childcare costs (regulation 16). Paragraph (8) which provides for a grant in respect of expenditure on travel, books and equipment is omitted. Paragraph (9) is amended to include the circumstances where an eligible student becomes or ceases to be a lone parent during an academic year (regulation 15(8)).
Regulation 16 is amended. Paragraph (1) is amended to provide that an eligible student who is or whose spouse is eligible for the child care element of the working tax credit cannot be eligible for a grant for dependants childcare costs. Paragraph (2) is amended to remove the lower rate of grant for dependants childcare costs (70 per cent.) so that there is only one rate (85 per cent.) and to omit provisions linking the rate to when the academic year begins. Paragraph (4) and (6) are omitted. The amended paragraph (3) and new paragraphs (4) to (7) provide for the reduction or extinction of grant for living costs under regulation 15(1), grant for dependants childcare costs under paragraph (2) and grant under regulation 15(7) (in that order and whichever apply) by any excess amount over the amount required to extinguish the previously applicable grant.
Regulation 17 which provided for grants for school meals for dependent children is omitted.
Regulation 20(1), (2) and (10) and 24(5) and (6) are amended to link the London loan rate for course attendance and work experience to the site of study or work experience rather than the location of the institution and to provide that the London rate applies where at least half the aggregate course time in the academic year is at a site or sites within the London area as defined (regulations 19(1), (2) and (10) and 23(5) and (6)). The same paragraphs of regulations 20 and 24 are also amended to apply one rate in relation to attendance at any overseas institution (the same paragraphs of regulations 19 and 23).
Regulation 24(1)(b) is amended so that the first £50 of any grant for which a student is eligible under regulation 15(7)(b) is ignored in determining the maximum amount of grants under sub-paragraph (b) (regulation 23(1)(b)).
Regulation 26 is amended. Paragraphs (2) and (10) are amended so that the relevant payments are in such instalments (if any) and at such times as the Secretary of State considers appropriate rather than in respect of quarters of the academic year as prescribed; paragraphs (3) and (13) are omitted and sub-paragraphs (a) and (b) of paragraph (9) and sub-paragraph (a) of paragraph (11) are consequentially amended; and references to a “quarter” in paragraphs (4) and (5) are replaced by references to a “period” which is defined in a new paragraph (6) as a period in respect of which an instalment is payable or would have been payable in the prescribed circumstances (regulation 25).
Regulation 27(2)(b) is amended to provide for recovery of an overpayment where a student does not commence a subsequent course immediately disregarding any intervening vacation (regulation 26(2)(b)).
Regulation 30 is amended as follows: references to the working families' tax credit and disabled persons' tax credit are omitted from paragraph (7)(a), the definition of “income” in paragraph (11) is amended to exclude any tax credits as described; and paragraph (12) is omitted (regulation 29)
Regulation 32 is amended by a provision that the application form for an application for support for disabled part-time students' living costs (under regulation 33) must reach the Secretary of State as soon as is reasonably practicable (regulation 31(4) and (5)).
Regulation 40(1) and (2) is amended to provide that no debt or liability to which a bankrupt is or may become subject in respect of any sum payable to an eligible student by way of a loan in the circumstances described shall be included in his bankruptcy debts (regulation 39(1) and (2)).
Paragraph (7) of Schedule 1 is amended so that this paragraph relates to a person’s status on a particular date being the first day of the first academic year of the course.
In Schedule 3, sub-paragraph (7) of paragraph 1 and sub-paragraph (1A) of paragraph 2 are omitted.
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