The Education (Student Support) Regulations 2011

PART 8 E+W FINANCIAL ASSESSMENT

Calculation of contribution E+W

99.—(1) An eligible student's contribution in respect of an academic year is the amount, if any, calculated under Schedule 4.

(2) For the purposes of the exercise of the Secretary of State's functions under the 1998 Act and regulations made under it the Secretary of State may require an eligible student to provide from time to time such information as the Secretary of State considers necessary as to the income of any person whose means are relevant to the assessment of the student's contribution.

[F1 Application of contribution – 2008, 2009, 2012 or 2016 cohort students E+W

100.   In the case of a 2008, 2009, 2012 or 2016 cohort student, the Secretary of State must apply the contribution in accordance with regulation 103.]

Textual Amendments

F1 Reg. 100 substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 40

[F2 Application of contribution – current system students who are not 2008, 2009, 2012 or 2016 cohort students E+W

101.   In the case of a current system student who is not a 2008, 2009, 2012 or 2016 cohort student, the Secretary of State must apply the contribution in accordance with regulation 104.]

Textual Amendments

F2 Reg. 101 substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 41

Application of contribution – old system students E+W

102.—(1) Subject to paragraph (3), where the basic amount of the grant for fees has been calculated in accordance with regulation 31(1) or 32(1), to determine the actual amount of grant for fees that is payable, the Secretary of State must first apply the contribution to reduce the basic amount of the grant for fees.

(2) If the contribution is not extinguished under paragraph (1), the Secretary of State must apply the remainder in accordance with regulation 104.

(3) Where the course is a course for the initial training of teachers (other than a course for a first degree), there is no deduction from the basic amount of the grant for fees under this regulation and the contribution is applied in accordance with regulation 104.

(4) Where the basic amount of the grant for fees has been calculated in accordance with regulation 31(2) or regulation 32(2) and one of the cases set out in regulation 23(7)(b) or (d) applies, to determine the actual amount of the grant for fees that is payable, the Secretary of State must—

(a) first, apply the contribution to reduce the basic amount of the grant for fees;

(b) second, if the contribution is not extinguished, deduct an amount equal to the basic amount of the grant for fees from what is left of the contribution reducing the remainder of the contribution to no less than nil; and

(c) third, if the contribution is still not extinguished, apply the remainder in accordance with regulation 104.

(5) In the case of an Erasmus year, the Secretary of State must apply the amount by which the contribution exceeds £1,380 in accordance with regulation 104.

(6) Where none of the circumstances in paragraphs (1) to (5) apply, the contribution is applied in accordance with regulation 104.

Order of application – 2008, 2009 [F3 , 2012 or 2016] cohort students E+W

103.  The contribution or the remainder of the contribution, as the case may be, is to be applied as follows—

(a) first, to reduce the amount of adult dependants' grant calculated in accordance with regulation 47;

(b) second, to reduce the childcare grant calculated in accordance with regulation 47;

(c) third, to reduce the parents' learning allowance calculated in accordance with regulation 47 (except the first £50 of the allowance);

(d) fourth, to reduce the long courses loan calculated in accordance with Chapter 3 of Part 6;

(e) fifth, to reduce the grant for travel calculated in accordance with Chapter 5 of Part 5.

Textual Amendments

F3 Words in reg. 103 heading substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 42

Order of application – other eligible students E+W

104.  The contribution or the remainder of the contribution, as the case may be, is to be applied as follows—

(a) first, to reduce the amount of adult dependants' grant calculated in accordance with regulation 47;

(b) second, to reduce the childcare grant calculated in accordance with regulation 47;

(c) third, to reduce the parents' learning allowance calculated in accordance with regulation 47 (except the first £50 of the allowance);

(d) fourth, to reduce the loan for living costs for which the eligible student (other than a student with reduced entitlement) qualifies under Part 6 to no less than the minimum level for the academic year specified in regulation 105;

(e) fifth, to reduce the grant for travel calculated in accordance with Chapter 5 of Part 5.

Minimum level of loan for living costs E+W

105.—(1) Subject to paragraphs (2) and (7), for a student other than a 2009 [F4 , 2012 or 2016] cohort student, the “minimum level for the academic year” in regulations 72(5) F5 ... and 104(d) is—

(a) [F6 £2,943], in the case of a student in category A;

(b) [F7 £5,325], in the case of a student in category B;

(c) [F8 £4,530], in the case of a student in category C;

(d) [F9 £3,803], in the case of a student in category D.

(2) Subject to paragraph (7), for a student other than a 2009 [F10 , 2012 or 2016] cohort student, where the academic year in question is the final year of a course other than an intensive course, the “minimum level for the academic year” in regulations 72(5) F11 ...and 104(d) is—

(a) [F12 £2,659], in the case of a student in category A;

(b) [F13 £4,848], in the case of a student in category B;

(c) [F14 £3,939], in the case of a student in category C;

(d) [F15 £3,519], in the case of a student in category D.

(3) Subject to paragraphs (4) and (7), for a 2009 cohort student the “minimum level for the academic year” [F16 in regulation 74(5)] is—

(a) [F17 £2,953], in the case of a student in category A;

(b) [F18 £5,330], in the case of a student in category B;

(c) [F19 £4,535], in the case of a student in category C;

(d) [F20 £3,810], in the case of a student in category D.

(4) Subject to paragraph (7), for a 2009 cohort student where the academic year in question is the final year of a course other than an intensive course, the “minimum level for the academic year” [F21 in regulation 74(5)] is—

(a) [F22 £2,679], in the case of a student in category A;

(b) [F23 £4,853], in the case of a student in category B;

(c) [F24 £3,943], in the case of a student in category C;

(d) [F25 £3,525], in the case of a student in category D.

(5) Subject to paragraphs (6) and (7), for a 2012 cohort student, the “minimum level for the academic year” in regulations 76 and 104(d) is—

(a) [F26 £3,038], in the case of a student in category A;

(b) [F27 £5,331], in the case of a student in category B;

(c) [F28 £4,539], in the case of a student in category C;

(d) [F29 £3,820], in the case of a student in category D.

(6) Subject to paragraph (7), for a 2012 cohort student, where the academic year in question is the final year of a course other than an intensive course, the “minimum level for the academic year” in regulations 76 and 104(d) is—

(a) [F30 £2,792], in the case of a student in category A;

(b) [F31 £4,855], in the case of a student in category B;

(c) [F32 £3,945], in the case of a student in category C;

(d) [F33 £3,553], in the case of a student in category D.

[F34 (6A) Subject to paragraphs (6B) and (7), for a 2016 cohort student who satisfies all the conditions in regulation 71(1)(g), the “minimum level for the academic year” in regulation 80A is—

(a) £3,039, in the case of a student in category A;

(b) £5,330, in the case of a student in category B;

(c) £4,540, in the case of a student in category C;

(d) £3,821, in the case of a student in category D.

(6B) Subject to paragraph (7), for a 2016 cohort student who satisfies all the conditions in regulation 71(1)(g), where the academic year in question is the final year of a course other than an intensive course, the “minimum level for the academic year” in regulation 80A is—

(a) £2,792, in the case of a student in category A;

(b) £4,855, in the case of a student in category B;

(c) £3,945, in the case of a student in category C;

(d) £3,553, in the case of a student in category D.

(6C) Subject to paragraphs (6D) and (7), for a 2016 cohort student who satisfies all the conditions in regulation 71(1)(h), the “minimum level for the academic year” in regulation 80B is—

(a) £3,039, in the case of a student in category A;

(b) £5,330, in the case of a student in category B;

(c) £4,540, in the case of a student in category C;

(d) £3,821, in the case of a student in category D.

(6D) Subject to paragraph (7), for a 2016 cohort student who satisfies all the conditions in regulation 71(1)(h), where the academic year in question is the final year of a course other than an intensive course, the “minimum level for the academic year” in regulation 80B is—

(a) £2,792, in the case of a student in category A;

(b) £4,855, in the case of a student in category B;

(c) £3,945, in the case of a student in category C;

(d) £3,553, in the case of a student in category D.]

(7) Where different categories apply for different quarters of the academic year, the minimum levels in paragraphs [F35 (1) to (6D)] are the aggregate of the amounts determined under paragraph (8) for each of the quarters in respect of which a loan is payable.

(8) The amount determined for each quarter is one third of the amount in paragraph (1), (2), (3), (4), (5) [F36 , (6), (6A), (6B), (6C) or (6D)] which corresponds to the rate applicable for the quarter.

(9) The rate applicable for a quarter is determined in accordance with regulation 83.

(10) Categories A to D have the meaning given in regulation 90.

Textual Amendments

F4 Words in reg. 105(1) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 43(a)(i)

F5 Word in reg. 105(1) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 43(a)(ii)

F6 Sum in reg. 105(1)(a) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), reg. 1(3)(a), Sch.

F7 Sum in reg. 105(1)(b) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), reg. 1(3)(a), Sch.

F8 Sum in reg. 105(1)(c) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), reg. 1(3)(a), Sch.

F9 Sum in reg. 105(1)(d) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), reg. 1(3)(a), Sch.

F10 Words in reg. 105(2) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 43(b)(i)

F11 Word in reg. 105(2) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 43(b)(ii)

F12 Sum in reg. 105(2)(a) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), reg. 1(3)(a), Sch.

F13 Sum in reg. 105(2)(b) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), reg. 1(3)(a), Sch.

F14 Sum in reg. 105(2)(c) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), reg. 1(3)(a), Sch.

F15 Sum in reg. 105(2)(d) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), reg. 1(3)(a), Sch.

F16 Words in reg. 105(3) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 43(c)

F17 Sum in reg. 105(3)(a) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), reg. 1(3)(a), Sch.

F18 Sum in reg. 105(3)(b) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), reg. 1(3)(a), Sch.

F19 Sum in reg. 105(3)(c) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), reg. 1(3)(a), Sch.

F20 Sum in reg. 105(3)(d) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), reg. 1(3)(a), Sch.

F21 Words in reg. 105(4) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 43(d)

F22 Sum in reg. 105(4)(a) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), reg. 1(3)(a), Sch.

F23 Sum in reg. 105(4)(b) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), reg. 1(3)(a), Sch.

F24 Sum in reg. 105(4)(c) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), reg. 1(3)(a), Sch.

F25 Sum in reg. 105(4)(d) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), reg. 1(3)(a), Sch.

F26 Sum in reg. 105(5)(a) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), reg. 1(3)(a), Sch.

F27 Sum in reg. 105(5)(b) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), reg. 1(3)(a), Sch.

F28 Sum in reg. 105(5)(c) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), reg. 1(3)(a), Sch.

F29 Sum in reg. 105(5)(d) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), reg. 1(3)(a), Sch.

F30 Sum in reg. 105(6)(a) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), reg. 1(3)(a), Sch.

F31 Sum in reg. 105(6)(b) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), reg. 1(3)(a), Sch.

F32 Sum in reg. 105(6)(c) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), reg. 1(3)(a), Sch.

F33 Sum in reg. 105(6)(d) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), reg. 1(3)(a), Sch.

F34 Reg. 105(6A)-(6D) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 43(e)

F35 Words in reg. 105(7) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 43(f)

F36 Words in reg. 105(8) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 43(g)

Amount of loan for living costs payable to certain type 1 and type 2 teacher training students E+W

F37 106.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F37 Reg. 106 omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 3