The Education (Student Support) Regulations 2009

Regulation 3

SCHEDULE 5AMENDMENT OF THE 2008 (No. 2) REGULATIONS

This schedule has no associated Explanatory Memorandum

Amendment to regulation 2

1.  In regulation 2(1) for the definition of “2008 cohort student” substitute—

“2008 cohort student” means a current system student who—

(a)begins the current course on or after 1st September 2008 and before 1st September 2009;

(b)transfers to the current course pursuant to regulation 8 on or after 1st September 2009 from a course beginning on or after 1st September 2008 and before 1st September 2009; or

(c)begins an end-on course on or after 1st September 2009 immediately after ceasing to attend a preliminary course that began on or after 1st September 2008 and before 1st September 2009,

and to whom one of the following sub-paragraphs applies—

(i)the student has not previously undertaken any course designated for the purposes of section 22 of the 1998 Act which began before 1st September 2008;

(ii)where (a) or (b) apply, the student is a type 1 or a type 2 teacher training student; or

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

Amendment to regulation 14

2.  For regulation 14(1), (2), (2A)(1) and (2B) substitute—

(1) Subject to paragraphs (2) and (3), an eligible student does not qualify for fee support under this Part if—

(a)the student has an honours degree from an institution in the United Kingdom, where—

(i)the current course began before 1st September 2009; or

(ii)the current course begins on or after 1st September 2009 where the student transfers to the current course pursuant to regulation 8 from a course which began before 1st September 2009; or

(b)the current course leads to an equivalent or lower qualification, where the student begins the course on or after 1st September 2009.

(2) Paragraph (1) does not apply where—

(a)the current course is a course for the initial training of teachers;

(b)the duration of the current course does not exceed two years where the current course is—

(i)a full-time course; or

(ii)a part-time course (the duration of which being expressed as its full-time equivalent) and either the current course—

(aa)began before 1st September 2010; or

(bb)begins on or after 1st September 2010 where the student transfers to the current course pursuant to regulation 8 from a course for the initial training of teachers beginning before 1st September 2010); and

(c)the student is not a qualified teacher..

Amendment to regulation 20

3.  For regulation 20(1) substitute—

(1) A current system student does not qualify for a fee loan in respect of a designated course if—

(a)the designated course leads to an equivalent or lower qualification, the exemptions in regulation 14(2) or (3) do not apply and the student begins the course on or after 1st September 2009;

(b)the student has an honours degree from an institution in the United Kingdom, the exemptions in regulation 14(2) or (3) do not apply and the student transfers to the current course pursuant to regulations 8 on or after 1st September 2009 from a course beginning before 1st September 2009;

(c)the student has an honours degree from an institution in the United Kingdom, the exemptions in regulation 14(2) or (3) do not apply and the student began the course before 1st September 2009; or

(d)the designated course is an old flexible postgraduate course for the initial training of teachers..

Amendment to regulation 27

4.  In regulation 27(4) after “regulation 14” omit “(1),”.

Amendment to regulation 28

5.  In regulation 28(2)(a) after “regulation 14” omit “(1),”.

Amendment to regulation 29

6.  In regulation 29(2)(a) after “regulation 14” omit “(1),”.

Amendment to regulation 119

7.  For regulation 119(7) substitute—

(7) An eligible distance learning student does not qualify for support under this regulation if—-

(a)the distance learning course leads to an equivalent or lower qualification where the current course begins on or after 1st September 2009; or

(b)the student holds a first degree from an educational institution in the United Kingdom where—

(i)the current course began before 1st September 2009; or

(ii)the current course begins on or after 1st September 2009 where the student transfers to the current course pursuant to regulation 8 from a distance learning course which began before 1st September 2009..

Amendment to regulation 136

8.  For regulation 136(6) substitute—

(6) An eligible part-time student does not qualify for support under this regulation if—

(a)the part-time course leads to an equivalent or lower qualification where the current course begins on or after 1st September 2009; or

(b)the student holds a first degree from an educational institution in the United Kingdom where —

(i)the current course began before 1st September 2009; or

(ii)the current course begins on or after 1st September 2009 where the student transfers to the current course pursuant to regulation 8 from a part-time course which began before 1st September 2009..