The Education (Student Support) (European University Institute) Regulations 2010

PART 1 GENERAL

Citation, commencement, application and interpretation

1.  These Regulations may be cited as the Education (Student Support) (European University Institute) Regulations 2010 and come into force on 1st April 2010.

2.  These Regulations apply in relation to England(1).

3.  In these Regulations—

“1998 Act” means the Teaching and Higher Education Act 1998;

“2006 Regulations” means the Education (Student Support) (European Institutions) (No. 2) Regulations 2006(2);

“academic authority” means the governing body or other body having the functions of a governing body of the Institute and includes a person acting with the authority of that body;

“current course” means the designated course in respect of which a person is applying for support or to be recognised as an eligible student;

“designated course” has the meaning given by regulation 10;

“eligible student” has the meaning given by regulation 9;

“European Union” means the territory comprised of the Member States of the European Union as constituted from time to time;

“grants for living and other costs” means the grants payable under regulation 17;

“Institute” means the European University Institute;

“person with leave to enter or remain” means a person—

(a)

who has been informed by a person acting under the authority of the Secretary of State for the Home Department that, although that person is considered not to qualify for recognition as a refugee, it is thought right to allow that person to enter or remain in the United Kingdom;

(b)

who has been granted leave to enter or remain accordingly;

(c)

whose period of leave to enter or remain has not expired or has been renewed and the period for which it was renewed has not expired or in respect of whose leave to enter or remain an appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002(3)); and

(d)

who has been ordinarily resident in the United Kingdom and Islands throughout the period since being granted leave to enter or remain;

“qualifying course” means a course—

(a)

which is—

(i)

a postgraduate or comparable course; and

(ii)

of at least two academic years’ duration; and

(b)

in respect of which the student (“A”) received, for at least two academic years of the course, a statutory award other than an award intended to assist with additional expenditure that A was obliged to incur in connection with A’s attendance on the course by reason of a disability to which A is or was subject;

“refugee” means a person who is recognised by Her Majesty’s government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28th July 1951(4) as extended by the Protocol thereto which entered into force on 4th October 1967(5);

“relevant date” means 1st May 2010;

“statutory award” means any award bestowed, grant paid or other support provided by virtue of the 1998 Act or the Education Act 1962(6), or any comparable award, grant or other support in respect of undertaking a course which is paid out of public funds;

“student loans legislation” means the Education (Student Loans) Act 1990(7), the Education (Student Loans) (Northern Ireland) Order 1990(8), the Education (Scotland) Act 1980(9) and regulations made thereunder, the Education (Student Support) (Northern Ireland) Order 1998(10) and regulations made thereunder or the 1998 Act and regulations made thereunder;

“supplementary grants” means the grants payable under Chapter 2 of Part 4;

“Turkish worker” means a Turkish national who—

(a)

is ordinarily resident in the United Kingdom and Islands; and

(b)

is, or had been, lawfully employed in the United Kingdom.

Revocation and saving provisions

4.  Subject to regulations 5 and 6, the regulations listed under Schedule 3 are revoked in relation to England.

5.  The 2006 Regulations shall continue to apply in relation to England in respect of an academic year beginning on or after 1st September 2009 but before 1st September 2010 and in respect of an academic year beginning on or after 1st September 2008 but before 1st September 2009 so far as the 2006 Regulations relate to an academic year beginning in that period.

6.—(1) Regulation 21(5) of the 2006 Regulations shall continue to apply in respect of a student at the Institute whose course of study—

(a) commenced prior to 1st September 2010; and

(b) continues after 31st August 2010.

(2) Regulation 22 of the 2006 Regulations continues to apply insofar as it relates to regulation 21(5).

7.  These Regulations apply in relation to the provision of support to students in relation to an academic year which begins on or after 1st September 2010 whether anything done under these Regulations is done before, on or after 1st September 2010.

PART 2 APPLYING FOR SUPPORT AND ELIGIBILITY

Applications

8.—(1) Unless a person (“the applicant”) seeking support under these Regulations is already an eligible student by virtue of regulation 9(9), the applicant must submit an application to be considered as an eligible student and an application for support in such form as the Secretary of State may require to the Institute by the application deadline.

(2) Where a person (“the applicant”) seeking support under these Regulations is already an eligible student by virtue of regulation 9(9), the applicant must notify the Secretary of State in writing by the application deadline that the applicant wishes to apply for support under these Regulations.

(3) Subject to paragraph (4), the application deadline in relation to an academic year beginning on or after 1st September 2010 is 30th April 2010.

(4) The Secretary of State may extend the application deadline if the Secretary of State considers that the circumstances of the case warrant it.

Eligible students

9.—(1) An eligible student qualifies for support in connection with the student’s attendance on a designated course subject to and in accordance with these Regulations.

(2) Subject to paragraphs (3) and (7), a person is an eligible student in connection with a designated course if—

(a) the academic authority notifies the Secretary of State in writing that the person has a reasonable chance of being offered a place on a designated course by the academic authority; and

(b) the Secretary of State determines in connection with an application for support under these Regulations that the person falls within one of the categories in Part 2 of Schedule 1.

(3) A person (“A”) is not an eligible student if—

(a) subject to paragraph (4), A has attended a qualifying course;

(b) A is in breach of an obligation to repay any loan;

(c) A has reached the age of 18 and not ratified any agreement for a loan made with A when A was under the age of 18; or

(d) A has, in the opinion of the Secretary of State, shown by A’s conduct to be unfitted to receive support.

(4) Paragraph (3)(a) does not apply where the person has attended a qualifying course but the Secretary of State has determined that having regard to the particular circumstances of that person’s case it is appropriate to pay that person support in connection with the current course.

(5) For the purposes of paragraph (3)(b) and (c), “loan” means a loan made under the student loans legislation.

(6) In the case where the agreement for a loan is subject to the law of Scotland, paragraph (3)(c) applies only if the agreement was made—

(a) before 25th September 1991; and

(b) with the concurrence of the borrower’s curator or at a time when the borrower had no curator.

(7) The number of eligible students shall not exceed 20.

(8) An eligible student in respect of whom the first academic year of the course begins on or after 1st September 2000 shall not, at any one time, qualify for support for more than one designated course.

(9) Despite paragraphs (2) and (3) and subject to paragraphs (7), (10) and (11), a person (“A”) is an eligible student in connection with a designated course if—

(a) A qualified as an eligible student in connection with—

(i) an earlier academic year of the current course; or

(ii) a designated course that A attended and from which A’s status as an eligible student was transferred to the current course; and

(b) A’s status as an eligible student has not terminated.

(10) Where—

(a) the Secretary of State determined that, by virtue of being a refugee or the spouse, civil partner, child or step-child of a refugee, a person (“A”) was an eligible student in connection with an application for support for an earlier year of the current course or in connection with an application for support for a designated course at the Institute from which A’s status as an eligible student has been transferred to the current course; and

(b) the refugee status of A or A’s spouse, civil partner, parent or step-parent, as the case may be, is due to expire before the first day of the academic year in respect of which A is applying for support and, as at the day before the that academic year begins, no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),

A’s status as an eligible student terminates on the day before the first day of the academic year in respect of which A is applying for support.

(11) Where—

(a) the Secretary of State determined that, by virtue of being a person with leave to enter or remain or the spouse, civil partner, child or step-child of such a person, a person (“A”) was an eligible student in connection with an application for support for an earlier year of the current course or in connection with an application for support for a designated course from which A’s status as an eligible student has been transferred to the current course; and

(b) the period for which the person with leave to enter or remain is allowed to stay in the United Kingdom is due to expire before the first day of the academic year in respect of which A is applying for support and, as at the day before the that academic year begins, no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),

A’s status as an eligible student terminates on the day before the first day of the academic year in respect of which A is applying for support.

(12) The Secretary of State may take such steps and make such enquiries as the Secretary of State considers necessary to determine whether a person is an eligible student.

(13) The Secretary of State must inform a person who has been notified to the Secretary of State under paragraph (2)(a) whether that person qualifies as an eligible student.

(14) A person who has received notification from the Secretary of State under paragraph (13) that that person is an eligible student in connection with a designated course and a person who is an eligible student by virtue of paragraph (9) must, by the deadline for receipt of financial information, provide the Secretary of State with any information or documentation that the Secretary of State requests in order to determine the amount of support payable under these Regulations in respect of the academic year.

(15) The deadline for receipt of financial information, in relation to an academic year beginning on or after 1st September 2010, is 30th April 2010 or, in the case of grants payable under regulation 17(5), 28th February 2011.

(16) The Secretary of State must notify an eligible student of the amount of support payable in respect of the academic year, if any.

Designated course

10.  A course is designated for the purposes of section 22(1) of the 1998 Act and regulation 9 if it is—

(a) a postgraduate or comparable course;

(b) a full-time course;

(c) of at least one academic year’s duration; and

(d) provided by the Institute.

Period of eligibility

11.—(1) Subject to the following paragraphs and regulation 9 a student’s status as an eligible student in connection with a designated course will terminate at the end of the academic year in which the Institute would ordinarily expect the student to complete the course (“period of eligibility”).

(2) The period of eligibility terminates when the student—

(a) withdraws from the designated course in circumstances in which the Secretary of State will not transfer the student’s status as an eligible student in accordance with regulation 12; or

(b) abandons or is expelled from the designated course.

(3) The Secretary of State may terminate a period of eligibility where the conduct of the student means that the student is unfitted to receive support.

(4) Where the student’s period of eligibility will terminate before the end of the academic year in which the student will actually complete the course, the Secretary of State may, at any time, extend or renew the period of eligibility for such period as the Secretary of State determines.

(5) If the Secretary of State is satisfied that the student has failed to comply with any requirement to provide any information under these Regulations or has provided information which is inaccurate in a material particular, the Secretary of State may do one or more of the following—

(a) terminate the student’s period of eligibility;

(b) determine that the student no longer qualifies for any particular type of support or particular amount of support;

(c) treat any support already paid to the student as an overpayment which may be recovered in accordance with regulation 32.

Transfer of eligibility

12.—(1) Where an eligible student transfers to another designated course at the Institute, the Secretary of State must transfer the student’s status as an eligible student where—

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

(b) the Secretary of State is satisfied that the eligible student has begun to attend that other course on the recommendation of the academic authority; and

(c) the student’s status as an eligible student has not terminated.

(2) An eligible student who transfers under paragraph (1) shall receive in connection with the academic year of the course to which that eligible student transfers the remainder of the support assessed by the Secretary of State in respect of the academic year of the course from which the eligible student transfers.

(3) An eligible student (“A”) who transfers under paragraph (1) after the Secretary of State has assessed support in connection with the academic year of the course from which A is transferring but before A completes that year may not, in connection with the academic year of the course to which A transfers, apply for another grant of a kind that A has already applied for under these Regulations in connection with the academic year of the course from which A is transferring.

PART 3 PROVISION OF INFORMATION

Information

13.  Every applicant and eligible student must, as soon as reasonably practicable after being requested to do so, provide the Secretary of State with such information as the Secretary of State considers to be required for the purposes of these Regulations.

14.  Every applicant and eligible student must forthwith inform the Secretary of State and provide the Secretary of State with particulars if any of the following occurs—

(a) the applicant or student withdraws from, abandons or is expelled from the course;

(b) the applicant or student transfers to another course at the Institute;

(c) the applicant or student ceases to attend the course and does not intend to or is not permitted to continue it for the remainder of the academic year;

(d) the applicant or student is absent from the course for more than 60 days due to illness or for any period for any other reason;

(e) the month for the start or the completion of the course changes;

(f) the applicant or student’s home or term-time address changes.

15.  Information provided to the Secretary of State pursuant to these Regulations must be in the format required by the Secretary of State and, if the Secretary of State requires the information to be signed by the person providing it, an electronic signature in such form as the Secretary of State may specify satisfies this requirement.

PART 4 FINANCIAL SUPPORT

General

16.—(1) Subject to paragraph (2), an eligible student who is attending a designated course qualifies in connection with an academic year of that course for—

(a) grants for living and other costs in accordance with Chapter 1; and

(b) supplementary grants in accordance with Chapter 2.

(2) If the academic year in respect of which the eligible student has applied for support is a year of repeat study the Secretary of State may determine that—

(a) the student does not qualify for a particular type or amount of support in respect of the year of repeat study; or

(b) the student does not qualify for any support in respect of that year of repeat study.

(3) In determining whether an eligible student should not qualify for some or any additional support in accordance with paragraph (2) the Secretary of State shall have regard to the circumstances of the case and in particular the reasons for which the student has been required to repeat the academic year.

(4) For the purposes of this regulation, “year of repeat study” means an academic year or part of an academic year which the student has previously attended but is required by the Institute to attend again.

CHAPTER 1 GRANTS FOR EUROPEAN UNIVERSITY INSTITUTE STUDENTS

Grants for living and other costs

17.—(1) Subject to paragraphs (2) and (3), a student qualifies in respect of an academic year for the grants for living and other costs specified in and calculated in accordance with paragraphs (3) to (6).

(2) A student does not qualify for any of the grants payable under this regulation if paragraph 9 of Part 2 of Schedule 1 is the only paragraph of Part 2 of that Schedule into which the student falls.

(3) A student qualifies for a grant for living costs of 18,099 euro in relation to an academic year beginning on or after 1st September 2010.

(4) A student qualifies for a grant for travel home of the amount determined by the Secretary of State to be the reasonable cost of one return journey from the student’s home address to the Institute;

(5) Subject to prior agreement of the Secretary of State, before costs are incurred, a student qualifies for a grant for research travel of the amount determined by the Secretary of State to be the reasonable cost of travel incurred for the purposes of completing periods of research authorised by the Institute during the academic year in respect of which support is being applied for.

(6) A student qualifies for a grant for medical insurance of the amount determined by the Secretary of State to be the reasonable cost of insuring the student against liability for the cost of medical treatment provided outside of the United Kingdom where the ordinary duration of the course is more than one academic year.

18.  A deduction may be made in accordance with Part 5 from the amount payable in respect of any of the grants calculated under paragraphs (3), (4) and (5) of regulation 17.

CHAPTER 2 SUPPLEMENTARY GRANTS

Disabled students’ allowance

19.—(1) Subject to paragraph (2), a student (“A”) qualifies for a disabled students’ allowance to assist with the additional expenditure which the Secretary of State is satisfied that A is obliged to incur by reason of a disability to which A is subject in respect of A’s attendance at a designated course.

(2) A student does not qualify for a disabled students’ allowance if paragraph 9 of Part 2 of Schedule 1 is the only paragraph of Part 2 of that Schedule into which the student falls.

Amount of disabled students’ allowance

20.—(1) Subject to paragraph (2), the amount of the disabled students’ allowance is the amount that the Secretary of State considers appropriate in accordance with the student’s circumstances to assist with one or more types of eligible expenditure.

(2) The amount of disabled students’ allowance must not exceed £10,260 in respect of an academic year.

(3) The “types of eligible expenditure” are—

(a) expenditure on a non-medical personal helper;

(b) expenditure on major items of specialist equipment;

(c) any additional expenditure incurred—

(i) in Italy for the purpose of attending the Institute; and

(ii) within or outside the United Kingdom for the purpose of travelling to the Institute in order to attend the relevant course.

Grant for dependants

21.—(1) The grant for dependants consists of the following elements—

(a) adult dependants’ grant; and

(b) parents’ learning allowance.

(2) The qualifying conditions for each element are set out in regulations 22 to 26.

Adult dependants’ grant

22.—(1) Subject to paragraph (3), a student qualifies for an adult dependants’ grant in connection with that student’s attendance on a designated course in accordance with this regulation.

(2) The adult dependants’ grant is available in respect of a dependant of an eligible student who is either—

(a) the student’s partner; or

(b) an adult dependant of the student whose net income does not exceed £3,796.

(3) A student does not qualify for the grant payable under this regulation if paragraph 9 of Part 2 of Schedule 1 is the only paragraph of Part 2 of that Schedule into which the student falls.

23.—(1) The amount of the adult dependants’ grant payable in respect of an academic year is calculated in accordance with regulation 25, the basic amount being—

(a) in respect of the current academic year, £2,642; or

(b) where the person in respect of whom the student is applying for adult dependants’ grant is ordinarily resident outside of the United Kingdom, such amount not exceeding £2,642 as the Secretary of State considers reasonable in the circumstances.

Parents’ learning allowance

24.—(1) Subject to paragraph (2), a student qualifies in connection with that student’s attendance on a designated course for the parents’ learning allowance if that student has one or more dependants who are dependent children.

(2) A student does not qualify for the grant payable under this regulation if paragraph 9 of Part 2 of Schedule 1 is the only paragraph of Part 2 of that Schedule into which the student falls.

(3) The amount of the parents’ learning allowance payable in respect of an academic year is calculated in accordance with regulation 25, the basic amount being £1,508.

Calculations

25.—(1) Subject to the following paragraphs, the amount payable in respect of a particular element of the grant for dependants for which the student qualifies under regulations 22 to 24 is the amount of that element remaining after applying, until it is extinguished or no element remains payable under regulations 22 to 24, an amount equal to (A – B) as follows and in the following order—

(a) to reduce the basic amount of the adult dependants’ grant where the student qualifies for that element under regulation 22; and

(b) to reduce the basic amount of the parents’ learning allowance where the student qualifies for that element under regulation 24.

(2) Subject to paragraphs (4) and (5), where B is greater than or equal to A, the basic amount of each element of the grant for dependants for which the student qualifies is payable.

(3) Where (A – B) is equal to or exceeds the aggregate of the basic amounts of the elements of the grant for dependants for which the eligible student qualifies, the amount payable in respect of each element is nil.

(4) The amount of adult dependants’ grant calculated under paragraph (1) in respect of an adult dependant is reduced by one half where—

(a) the student’s partner—

(i) is an eligible student; or

(ii) holds a statutory award; and

(b) account is taken of that partner’s dependants in calculating the amount of support for which that partner qualifies or the payment to which the partner is entitled under the statutory award.

(5) Where the amount of the parents’ learning allowance calculated under paragraph (1) is £0.01 or more but less than £50, the amount of parents’ learning allowance payable is £50.

(6) For the purposes of this regulation—

A is the aggregate of the net income of each of the eligible student’s dependants; and

B is—

(a)

£1,159 where the student has no dependent children;

(b)

£3,473 where the student is not a lone parent and has one dependent child;

(c)

£4,627 where the student is not a lone parent and has more than one dependent child;

(d)

£4,627 where the student is a lone parent and has one dependent child;

(e)

£5,792 where the student is a lone parent and has more than one dependent child.

26.  A deduction may be made in accordance with Part 5 from the amount payable in respect of a particular element of the grant for dependants calculated in accordance with regulations 22 to 25.

Interpretation

27.—(1) For the purposes of regulations 22 to 26—

(a) “adult dependant” means, in relation to a student (“A”), an adult person dependent on A but does not include A’s child, A’s partner (including a spouse or civil partner from whom the Secretary of State considers the student is separated) or A’s former partner;

(b) “child” in relation to a student (“A”) includes any child of A’s partner who is dependent on A and any child for whom A has parental responsibility who is dependent on A;

(c) “dependant” means, in relation to a student (“A”), A’s partner, A’s dependent child or an adult dependant, who in each case is not an eligible student and does not hold a statutory award;

(d) “dependent” means wholly or mainly financially dependent;

(e) “lone parent” means a student who does not have a partner and who has a dependent child;

(f) “net income” has the meaning given in paragraph (2);

(g) subject to sub-paragraphs (h), (i) and (j), “partner” means any of the following—

(i) the spouse of a student;

(ii) the civil partner of a student;

(iii) a person ordinarily living with a student (“A”) as if that person were A’s spouse where A was aged 25 or over at the start of the academic year in respect of which A’s contribution falls to be assessed;

(iv) a person ordinarily living with a student (“A”) as if that person were A’s civil partner where A was aged 25 or over at the start of the academic year in respect of which A’s contribution falls to be assessed;

(h) unless otherwise indicated, a person who would otherwise be a partner under subparagraph (g) is not to be treated as a partner if—

(i) in the opinion of the Secretary of State, that person and the student are separated; or

(ii) the person is ordinarily living outside the United Kingdom and is not maintained by the student;

(i) for the purposes of the definition of “adult dependant”, a person is to be treated as a partner if that person would be a partner under sub-paragraph (g) but for the fact that the student with whom that person is living was not aged 25 or over at the start of the academic year in respect of which the student’s contribution falls to be assessed;

(j) for the purposes of the definitions of “child” and “lone parent”, a person is to be treated as a partner if that person would be a partner under sub-paragraph (g) but for the date on which the student began the designated course or the fact that the student with whom that person is ordinarily resident was not aged 25 or over at the start of the academic year in respect of which the student’s contribution falls to be assessed.

(2) Subject to paragraph (3), a dependant’s net income is that person’s income from all sources for the academic year in question reduced by the amount of income tax and social security contributions payable in respect of it but disregarding—

(a) any pension, allowance or other benefit paid by reason of a disability or incapacity to which the dependant is subject;

(b) child benefit payable under Part IX of the Social Security Contributions and Benefits Act 1992(11);

(c) any financial support payable to the dependant by a local authority in accordance with regulations made under sections 2, 3 and 4 of the Adoption and Children Act 2002(12);

(d) any guardian’s allowance to which the dependant is entitled under section 77 of the Social Security Contributions and Benefits Act 1992;

(e) in the case of a dependant with whom a child being looked after by a local authority is boarded out, any payment made to that dependant in pursuance of section 23 of the Children Act 1989(13);

(f) any payments made to the dependant under section 15 of and Schedule 1 to the Children Act 1989 in respect of a person who is not the dependant’s child or any assistance given by a local authority pursuant to section 24 of that Act; and

(g) any child tax credit to which the dependant is entitled under Part 1 of the Tax Credits Act 2002.

(3) Where a student or that student’s partner makes any recurrent payments which were previously made by the student in pursuance of an obligation incurred before the first academic year of the student’s course, the partner’s net income is net income calculated in accordance with paragraph (2) reduced by—

(a) an amount equal to the payments in question for the academic year, if in the opinion of the Secretary of State the obligation has been reasonably incurred; or

(b) such lesser amount, if any, as the Secretary of State considers appropriate if, in the Secretary of State’s opinion, a lesser obligation could reasonably have been incurred.

(4) For the purposes of paragraph (2), where—

(a) the dependant is a dependent child; and

(b) payments are made to the student towards the child’s maintenance,

those payments are to be treated as the child’s income.

PART 5 CONTRIBUTIONS

Student’s contributions

28.  A student’s contribution in respect of an academic year is the amount, if any, calculated under Schedule 2.

Application of the student’s contribution

29.  The contribution calculated in accordance with regulation 28 shall be applied in accordance with regulation 30.

30.—(1) The Secretary of State must apply the student’s contribution—

(a) first, to reduce the amount of grant for living costs calculated in accordance with regulation 17(3);

(b) second—

(i) in the case of a student who is eligible for the grant for dependants, to reduce in the following order—

(aa) the amount of any adult dependants’ grant calculated in accordance with regulation 25;

(bb) the amount of any parents’ learning allowance calculated in accordance with regulation 25;

(cc) the amount of any grant for travel home calculated in accordance with regulation 17(4);

(ii) in any other case, to reduce the amount of grant for travel home calculated in accordance with regulation 17(4);

(c) third, subject to paragraph (2), to reduce the amount of grant for research travel in accordance with regulation 17(5).

(2) Where the contribution available to reduce the amount of grant for research travel in accordance with paragraph (1)(c) exceeds the amount of that grant calculated under regulation 17(5), the amount of that grant payable to the student is nil.

PART 6 PAYMENTS

Payments for grants of living and other costs and supplementary grants

31.—(1) The Secretary of State may pay the grants for the living and other costs and the supplementary grants for which a student qualifies in such instalments and at such times as the Secretary of State considers appropriate.

(2) The Secretary of State may, if the Secretary of State considers it appropriate to do so, pay the grant payable under regulation 17(3) to the Institute for the Institute to pay the relevant grant on the Secretary of State’s behalf.

(3) Where a final assessment of the amount of grants for living and other costs or supplementary grants payable to a student cannot be made on the basis of the information provided by the student, the Secretary of State may make provisional payments of those grants pending the final assessment.

(4) The Secretary of State may, if the Secretary of State considers it appropriate to do so, make a payment of a disabled students’ allowance before the start of the academic year in respect of which that payment is due.

(5) Where the circumstances in regulation 14(a) or regulation 14(c) apply, the Secretary of State must not make any payments of support to a student after the date on which that student stops attending the course unless the Secretary of State considers it appropriate to do so taking into account the circumstances of the student’s case.

(6) The Secretary of State must not make any payments of support to a student who is absent from the course—

(a) for more than 60 days due to illness; or

(b) for any period for any other reason,

unless the Secretary of State considers that it is appropriate to do so taking into account the circumstances of the student’s case.

Overpayments

32.  An eligible student shall, if required to do so by the Secretary of State, repay any amount paid to that student under Part 4 which for whatever reason exceeds the amount of support to which that student is entitled under Part 4.

David Lammy

Minister for Higher Education and Intellectual Property

Department for Business, Innovation and Skills

23rd February 2010