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The Education (Student Support) (Amendment) (No. 3) Regulations 2018

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Amendment of the Education (Student Support) Regulations 2011

This section has no associated Explanatory Memorandum

14.  After regulation 139, insert—

Transfer of status

139A.(1) Where an eligible part-time student transfers to another part-time course, the Secretary of State must transfer the student’s status as an eligible part-time student to that course where—

(a)the Secretary of State receives a request from the eligible part-time student to do so;

(b)the Secretary of State is satisfied that one or more of the grounds for transfer in paragraph (2) applies; and

(c)the period of eligibility has not terminated.

(2) The grounds for transfer are—

(a)the eligible part-time student starts to undertake another designated part-time course at the institution;

(b)the eligible part-time student starts to undertake a designated part-time course at another institution; or

(c)after beginning a designated part-time course for a first degree (other than an honours degree) the eligible part-time student is, before the completion of that course, admitted to a designated part-time course for an honours degree in the same subject or subjects at the institution.

(3) Subject to paragraph (4), an eligible part-time student who transfers under paragraph (1) from a part-time course beginning before 1st September 2012 is entitled to receive in connection with the academic year of the course to which the student transfers the remainder of the support for which the Secretary of State has determined the student qualifies under Part 11A in respect of the academic year of the course from which the student transfers.

(4) The Secretary of State may re-assess the amount of support payable under Part 11A after the transfer.

(5) An eligible student who transfers under paragraph (1) after the Secretary of State has determined the student’s support in connection with the academic year of the course from which the student is transferring but before the student completes that year may not apply for another grant—

(a)under regulation 141(1)(b), where the student is transferring from a course beginning before 1st September 2012, or

(b)under regulation 147,

in connection with the academic year of the course to which the student transfers.

(6) Where a student transfers under paragraph (1) from a part-time course beginning before 1st September 2012, the maximum amount of assistance under regulation 141(1)(a) in respect of the academic years to and from which the student transfers is the amount of assistance with fees available in connection with the course which has the highest intensity of study.

Conversion of status from eligible student to eligible part-time student

139B.(1) Where an eligible student ceases to undertake a designated course and transfers to a designated part-time course at the same or at another institution, the Secretary of State must convert the student’s status as an eligible student to that of an eligible part-time student in connection with the course to which the student is transferring where—

(a)the Secretary of State receives a request from the eligible student to do so; and

(b)the period of eligibility has not terminated.

(2) Where, before completing the designated course, the student transfers to a part-time course in the same subject or subjects leading to the same qualification at the same institution, the part-time course is to be treated as satisfying regulation 139(1)(b) and (c) if the period of part-time study to be undertaken by the student is of at least one academic year’s duration and does not exceed—

(a)twice the period ordinarily required to complete the remainder of the designated course from which the student transfers, where the student transfers before 1st September 2012; or

(b)four times the period ordinarily required to complete the remainder of the designated course from which the student transfers, where the student transfers on or after 1st September 2012.

(3) The following applies to a student (“A”) who transfers under paragraph (1)—

(a)where the Secretary of State has determined to pay an amount of disabled students’ allowance to A under Chapter 3 of Part 5 in instalments, no payment in respect of that amount of grant must be made in respect of any instalment period beginning after the date on which A becomes an eligible part-time student;

(b)the maximum amount of disabled part-time students’ allowance to which A would, apart from this regulation, be entitled in connection with A undertaking a designated part-time course in respect of that academic year is reduced by one third where A became an eligible part-time student during the second quarter of the academic year and by two thirds where A became such a student in a later quarter of that year;

(c)where an amount of disabled students’ allowance has been paid to A under Chapter 3 of Part 5 (“the first amount”) in a single payment, the maximum amount of disabled part-time students’ allowance payable for that purpose is reduced (or, where sub-paragraph (b) applies, further reduced) by the first amount, and where the resulting amount is nil or a negative amount that amount is nil; and

(d)where immediately before A became an eligible part-time student A was eligible to apply, but had not applied, for a loan for living costs under Part 6 in respect of that academic year, or had not applied for the maximum amount or increased maximum to which A was entitled under that Part, A may apply for such a loan, or such additional amount of loan, as if A had continued to be an eligible student.

(4) Except where paragraph (5) applies, where a transfer under paragraph (1) is made—

(a)the maximum amount of any loan under Part 6 to which the student would, apart from this regulation, be entitled in connection with a designated course in respect of that academic year is reduced—

(i)by two thirds, where the student transfers to a designated part-time course at the beginning of the second quarter of that academic year;

(ii)by one third, where the student transfers to a designated part-time course at the beginning of the third quarter of that academic year; and

(b)the maximum amount of any loan under Part 11B to which the student would be entitled in connection with the designated part-time course in respect of that academic year if the student had been an eligible part-time student throughout that year is reduced—

(i)by one third, where the student transfers to a designated part-time course at the beginning of the second quarter of that academic year;

(ii)by two thirds, where the student transfers to a designated part-time course at the beginning of the third quarter of that academic year.

(5) This paragraph applies where an eligible student—

(a)transfers under paragraph (1); and

(b)ceases to undertake the designated course and starts to undertake the designated part-time course in the same quarter of an academic year (“the conversion year”).

(6) Where paragraph (5) applies—

(a)the amount of loan under Part 6 to which the student is entitled for the conversion year in respect of the designated course is—

where—

  • A is the number of days of the designated course which the student undertakes in the conversion year;

  • B is the length of the designated course, in days, in the conversion year;

  • C is the maximum amount of loan to which the student would be entitled in the conversion year under Part 6 were it not for the transfer; and

(b)the amount of loan under Part 11B to which the student is entitled for the conversion year in respect of the designated part-time course is—

where—

  • D is the number of days of the designated part-time course which the student undertakes in the conversion year;

  • E is the length of the designated part-time course, in days, in the conversion year;

  • F is the maximum amount of loan to which the student would be entitled in the conversion year under Part 11B if the student had been an eligible part-time student throughout that year.

Conversion of status from eligible part-time student to eligible student

139C.(1) Where an eligible part-time student ceases to undertake a designated part-time course and transfers to a designated course at the same or at another institution, the Secretary of State must convert that student’s status as an eligible part-time student to that of an eligible student in connection with the course to which the student is transferring where—

(a)the Secretary of State receives a request from the eligible part-time student to do so; and

(b)the period of eligibility has not terminated.

(2) The following applies to a student who transfers under paragraph (1)—

(a)where the Secretary of State has determined to pay an amount of disabled part-time students’ allowance to the student in instalments no payment in respect of that amount of grant must be made in respect of any instalment period beginning after the date on which the student became an eligible student;

(b)any support to which the student is entitled under Part 11A in respect of the academic year in which the student transfers is ignored in determining the amount of support to which the student may be entitled in respect of that year under Parts 4 to 6;

(c)where an amount of disabled part-time students’ allowance has been paid to the student in a single payment, the maximum amount of disabled students’ allowance (“the first amount”) payable to the student under Chapter 3 of Part 5 for that purpose is reduced (or, where paragraph (3) applies, further reduced) by the first amount, and where the resulting amount is nil or a negative amount that amount is nil;

(d)where immediately before A became an eligible student A was eligible to apply, but had not applied, for a loan for living costs under Part 11B in respect of that academic year, or had not applied for the maximum amount or increased maximum to which A was entitled under that Part, A may apply for such a loan, or such additional amount of loan, as if A had continued to be an eligible part-time student.

(3) Except where paragraph (4) applies, where a transfer under paragraph (1) is made—

(a)the maximum amount of any loan under Part 11B to which the student would, apart from this regulation, be entitled in connection with a part-time designated course in respect of that academic year is reduced—

(i)by two thirds, where the student transfers to the designated course at the beginning of the second quarter of that academic year;

(ii)by one third, where the student transfers to the designated course at the beginning of the third quarter of that academic year; and

(b)the maximum amount of any loan under Part 6 to which the student would be entitled in connection with a designated course in respect of that academic year if the student had been an eligible student throughout that year is reduced—

(i)by one third, where the student transfers to the designated course at the beginning of the second quarter of that academic year;

(ii)by two thirds where the student transfers to the designated course at the beginning of the third quarter of that academic year.

(4) This paragraph applies where an eligible part-time student—

(a)transfers under paragraph (1); and

(b)ceases to undertake the designated part-time course and starts to undertake the designated course in the same quarter of an academic year (“the conversion year”).

(5) Where paragraph (4) applies—

(a)the maximum amount of loan under Part 11B to which the student is entitled for the conversion year in respect of the designated part-time course is—

where—

  • A is the number of days of the designated part-time course which the student undertakes in the conversion year;

  • B is the length of the designated part-time course, in days, in the conversion year;

  • C is the maximum amount of loan to which the student would be entitled in the conversion year under Part 11B were it not for the transfer; and

(b)the maximum amount of loan under Part 6 to which the student is entitled for the conversion year in respect of the designated course is—

where—

  • D is the number of days of the designated course which the student undertakes in the conversion year;

  • E is the length of the designated course, in days, in the conversion year;

  • F is the maximum amount of loan to which the student would be entitled in the conversion year under Part 6 if the student had been an eligible student throughout the conversion year.

Transfers from courses which are designated to courses which are not designated

139D.(1) This paragraph applies where an eligible student—

(a)transfers from a designated course to a course (including a part-time course) which is not designated; and

(b)immediately before the transfer, that student was eligible to apply, but had not applied, for a loan under Part 6 in respect of the academic year (“the transfer year”) in which the transfer occurs.

(2) Where paragraph (1) applies—

(a)the student may apply for a loan under Part 6 in respect of the transfer year;

(b)for the purposes of such an application, the student is to be treated as if the student were still an eligible student undertaking the designated course; and

(c)the amount of loan under Part 6 to which the student is entitled in respect of the transfer year is—

where—

  • A is the number of days of the designated course which the student undertakes as an eligible student in the transfer year;

  • B is the length of the designated course, in days, in that year; and

  • C is the maximum amount of loan to which the student would be entitled under Part 6 for the transfer year, were it not for the transfer.

(3) This paragraph applies where an eligible part-time student—

(a)transfers from a designated part-time course to a course (including a full-time course) which is not designated; and

(b)immediately before the transfer the eligible part-time student was eligible to apply, but had not applied, for a loan under Part 11B in respect of the academic year (“the transfer year”) in which the transfer occurs.

(4) Where paragraph (3) applies—

(a)the student may apply for a loan under Part 11B in respect of the transfer year;

(b)for the purposes of such an application, the student is to be treated as if the student were still an eligible part-time student undertaking the designated part-time course; and

(c)the amount of loan under Part 11B to which that student is entitled in respect of the transfer year is—

where—

  • D is the number of days of the designated part-time course which the student undertakes as an eligible part-time student in the transfer year;

  • E is the length of the designated part-time course, in days, in that year; and

  • F is the maximum amount of loan to which the student would be entitled under Part 11B for the transfer year, were it not for the transfer..

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