The Education (Student Support) (Amendment) (No. 3) Regulations 2008

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Education (Student Support) Regulations 2008 as amended (“the 2008 Regulations”) and the Education (Student Support) (No. 2) Regulations 2008 as amended (“the 2008 (No. 2) Regulations”) which provide for financial support for students taking designated higher education courses in respect of academic years beginning respectively on or after 1st September 2008 and 1st September 2009.

In regard to the 2008 Regulations, a technical amendment has been made to regulation 2(1) whereby a student who has undertaken rather than attended any previous designated course which began before 1st September 2008 will be excluded from the definition of a “2008 cohort student” therefore ensuring consistency across the 2008 and 2008 (No. 2) Regulations.

Changes of substance made to the 2008 (No. 2) Regulations are described below.

Regulation 2(1) introduces the definition of a “2009 cohort student” and consequentially adjusts the definition of a “2008 cohort student”. The amendments differentiate between students who begin their current course before 1st September 2009 and those who begin their current course on or after that date. Consequential amendments are made to regulations 58, 61, 67, 69, 70, 73, 79, 80, 96, 97, 99 and 102.

The financial package for grants and loans for living costs for a 2009 cohort student is set out by the insertion of regulation 57A (maintenance grant), regulation 60A (special support grant), regulation 68B (loan for living costs available to a 2009 cohort student with full entitlement except a type 1 or a type 2 teacher training student), and regulation 68C (loan for living costs available to a 2009 cohort student with full entitlement who is a type 1 or a type 2 teacher training student). Regulation 72 has been amended in regard to the calculation of the maximum amount of loan for living costs for a 2009 cohort student with reduced entitlement who has opted not to provide the information needed to calculate their household income. Regulation 72 has also been amended to include revised minimum maintenance grant figures for a 2009 cohort student who is a type 1 or a type 2 teacher training student. Regulation 101 has been amended to set out the minimum level of loan for living costs available to a 2009 cohort student.

Paragraph 5 of Schedule 4 has been amended so a student can apply for financial reassessment if the residual income is reduced to 85 per cent. rather than 95 per cent..

Regulations 13, 14, 20, and 65 have been amended to clarify the position of a student transferring from a designated course which began before 1st September 2009 to a designated course beginning in the academic year 2009/2010. This ensures that the student is subject to the same student support arrangements that applied to the student in the academic year 2008/2009.

A technical amendment is made to the definition of “end-on course” in regulation 2(1) by the addition of the word “immediately” in sub-paragraph (d) to ensure that there is alignment with sub-paragraphs (a)-(c) of that definition.

A drafting correction has been made to regulation 10 clarifying that the time limit for a student to apply for support to the Secretary of State in connection with each academic year of a designated course is no later than the end of nine months from the first day of the academic year in respect of which the application is submitted. An error has been corrected in regulation 132(12) where “1st September 2009” is replaced by “1st September 2007”. Typographical errors in regulations 68(9) and 68A(2) have also been corrected.

An impact assessment has not been produced for this instrument as it has no impact on the cost of business, charities or the voluntary sector. The impact on the public sector is minimal.