Search Legislation

The Education (Student Support) Regulations 2009

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

CHAPTER 1QUALIFYING CONDITIONS

Interpretation of Part 6

66.  In this Part—

(a)a “current system student with full entitlement” is a current system student other than a student with reduced entitlement;

(b)“the maintenance grant amount” is, unless otherwise stated,—

(i)where the student qualifies under Chapter 6 of Part 5 for an amount of maintenance grant not exceeding £1,292, the amount of maintenance grant payable;

(ii)where the student qualifies under Chapter 6 of Part 5 for an amount of maintenance grant exceeding £1,292, £1,292; and

(iii)where no maintenance grant is payable, nil.

(c)an “old system student with full entitlement” is an old system student other than a student with reduced entitlement;

(d)the “relevant date” is the first day of the first academic year of the specified designated course;

(e)a “student with reduced entitlement” is an eligible student who—

(i)does not qualify for a grant for living and other costs in respect of the academic year because of regulation 38(3)(a) or (b) or 38(5); or

(ii)opts when applying for a loan for living costs not to provide the information needed to calculate the household income;

(f)where the duration of a graduate-entry or postgraduate-level course for the initial training of teachers is only one academic year, that year is not to be treated as the final year.

Qualifying conditions for the loan for living costs – current system students

67.—(1) Subject to paragraphs (3) to (5), a current system student qualifies for a loan for living costs in connection with the student’s attendance on a designated course if the student is under the age of 60 on the relevant date and—

(a)where the student begins the course on or after 1st September 2009, the designated course does not lead to an equivalent or lower qualification unless the student’s status as an eligible student has been transferred to the current course pursuant to regulation 8 from a designated course which began before 1st September 2009 and the student does not have an honours degree from an institution in the United Kingdom; or

(b)where the student began the course before 1st September 2009, the student does not have an honours degree from an institution in the United Kingdom.

(2) The condition in paragraph (1)(a) or (b) does not apply where—

(a)the designated course leads to qualification as a social worker, medical doctor, dentist, veterinary surgeon or architect;

(b)the designated course began before 1st September 2009 and leads to qualification as a landscape architect, landscape designer, landscape manager, town planner or town and country planner;

(c)the current system student is eligible to receive any payment under a healthcare bursary the amount of which is calculated by reference to the student’s income or a Scottish healthcare allowance the amount of which is calculated by reference to the student’s income in respect of any academic year of the course; or

(d)the current system student is on a course for the initial training of teachers.

(3) A current system student does not qualify for a loan for living costs if the only paragraph in Part 2 of Schedule 1 into which the student falls is paragraph 9.

(4) A current system student does not qualify for a loan for living costs in connection with the student’s attendance on a designated course if that course is a flexible postgraduate course for the initial training of teachers which is of less than one academic year’s duration.

(5) A current system student does not qualify for a loan for living costs if the student is a prisoner.

Qualifying conditions for the loan for living costs – old system students

68.—(1) Subject to paragraphs (4) to (6), an old system student who falls within paragraph (a) or (d)(i) of the definition of “old system student” in regulation 2 qualifies for a loan for living costs in connection with the student’s attendance on a designated course if the student is under the age of 60 on the relevant date.

(2) Subject to paragraph (4), an old system student who falls within paragraph (b), (c) or (d)(ii) of the definition of “old system student” in regulation 2 qualifies for a loan for living costs in connection with the student’s attendance on a designated course if the student—

(a)is under the age of 60 on the relevant date; and

(b)does not have an honours degree from an institution in the United Kingdom.

(3) The requirement in paragraph (2)(b) does not apply where—

(a)the designated course leads to qualification as a social worker, medical doctor, dentist, veterinary surgeon, architect, landscape architect, landscape designer, landscape manager, town planner or town and country planner;

(b)the old system student is eligible to receive any payment under a healthcare bursary the amount of which is calculated by reference to the student’s income or a Scottish healthcare allowance the amount of which is calculated by reference to the student’s income in respect of any academic year of the course; or

(c)the old system student is on a course for the initial training of teachers.

(4) An old system student does not qualify for a loan for living costs if the only paragraph in Part 2 of Schedule 1 into which the student falls is paragraph 9.

(5) An old system student does not qualify for a loan for living costs in connection with the student’s attendance on a designated course if that course is a flexible postgraduate course for the initial training of teachers which is of less than one academic year’s duration.

(6) An old system student does not qualify for a loan for living costs if the student is a prisoner.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources