The Education (Student Support) Regulations 2011

Miscellaneous E+W

13.—(1) Subject to paragraphs (2) to (4), 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 7 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 7 from a course for the initial training of teachers beginning before 1st September 2010); and

(c) the student is not a qualified teacher.

[F1 (2A) Paragraph (1) does not apply where the current course—

(a) is a pre-registration course in an allied health profession subject, midwifery, nursing, nursing and social work or operating department practice;

[F2 (b) leads to—

(i) an ordinary degree or an honours degree;

(ii) in respect of a course in a dental profession subject, an ordinary degree, an honours degree, a diploma or a foundation degree; or

(iii) in respect of a course in operating department practice, an ordinary degree, an honours degree or a diploma;]

(c) begins on or after 1st August 2017 [F3 or, in the case of a course in a dental profession subject, begins on or after 1st August 2018]]

[F4 (2B) Paragraph (1) does not apply where the current course is a postgraduate pre-registration course which begins on or after 1st August 2018.]

(3) Paragraph (1) does not apply where the current course is a graduate entry accelerated programme.

[F5 (3A) Paragraph (1) does not apply to a current system student where the Secretary of State determines that the following conditions are satisfied—

(a) the student has provided all information required by the Secretary of State in relation to qualifications held by the student;

(b) that information is accurate; and

(c) the Secretary of State has provided written notification that the student qualifies for a fee loan under Chapter 3 of this Part in respect of an academic year of the current course.]

(4) Where the current course is considered to be a single course because of regulation 5(8) and (9) and it leads to a honours degree from an institution in the United Kingdom being conferred on the eligible student before the final degree or equivalent qualification, the eligible student is not prevented from qualifying for fee support under this Part in respect of any part of the single course by virtue of having that honours degree.

(5) Where an institution allows an eligible student to study the content of one standard academic year of the designated course over two or more academic years, for the purpose of determining whether the student qualifies for fee support for those years, the last of such years of study is to be treated as a standard academic year and the preceding years of that kind are to be treated as years of repeat study other than for compelling personal reasons.

(6) Where the eligible student is undertaking a designated course which is a distance learning course, the student does not qualify for support in respect of that course unless the Secretary of State considers that the student is undertaking the course in England [F6 on the first day of the first academic year].

[F7 (6A) For the purposes of paragraph (6), a person (“A”) is to be treated as being ordinarily resident in England for any period during which A would have been so resident but for the fact that—

(a) A,

(b) A’s spouse or civil partner,

(c) A’s parent, or

(d) in the case of a dependent direct relative in the ascending line, A’s child or child’s spouse or civil partner,

is or was temporarily employed in Wales, Scotland or Northern Ireland as a member of the regular naval, military or air forces of the Crown.]

[F8 (7) A student qualifying for support in respect of a distance learning course will no longer qualify for support in respect of that course if the Secretary of State considers that the student is undertaking the course outside the United Kingdom.]

[F9 (8) Paragraphs (6) and (7) do not apply to a person who is treated as being ordinarily resident in the United Kingdom by virtue of paragraph 1(4) of Schedule 1 on the basis of temporary employment falling within paragraph 1(5)(a) of that Schedule.]

Textual Amendments

F1 Reg. 13(2A) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 7(a)

F2 Reg. 13(2A)(b) substituted (with application in accordance with reg. 1(2)(b)(3) of the amending S.I.) by The Education (Student Support) (Amendment) (No. 2) Regulations 2018 (S.I. 2018/443), regs. 1(2)(a), 7(2)(a)

F3 Words in reg. 13(2A)(c) inserted (with application in accordance with reg. 1(2)(b)(3) of the amending S.I.) by The Education (Student Support) (Amendment) (No. 2) Regulations 2018 (S.I. 2018/443), regs. 1(2)(a), 7(2)(b)

F4 Reg. 13(2B) inserted (with application in accordance with reg. 1(2)(b)(3) of the amending S.I.) by The Education (Student Support) (Amendment) (No. 2) Regulations 2018 (S.I. 2018/443), regs. 1(2)(a), 7(3)

F5 Reg. 13(3A) inserted (with application in accordance with reg. 1(4)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(4)(a), 6

F6 Words in reg. 13(6) inserted (1.8.2012) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(3), 10(a)

F7 Reg. 13(6A) inserted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 3(1)

F8 Reg. 13(7) inserted (1.8.2012) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(3), 10(b)

F9 Reg. 13(8) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 7(b)