The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Education (Fees and Awards) (England) Regulations 2007 (S.I. 2007/779) (the “Fees and Awards Regulations”), the Student Fees (Qualifying Courses and Persons) (England) Regulations 2007 (S.I. 2007/778) (the “QCP Regulations”), and the Education (Student Support) Regulations 2011 (S.I. 2011/1986) (the “Student Support Regulations”).

The amendments to the Student Support Regulations increase elements of the student support package, amend the provisions on eligibility for support during the course of an academic year and make amendments as to how income is assessed when calculating dependants’ grants and the amount of childcare grant paid out in certain circumstances. These amendments apply in respect of an academic year beginning on or after 1st September 2013.

These Regulations make also make minor technical amendments and corrections to the Student Support Regulations, the QCP Regulations and the Fees and Awards Regulations.

Regulations 5 and 9(c) amend the definition of qualified teacher for the purposes of the QCP Regulations and the Student Support Regulations. The amended definition enables a person to be eligible for student support if they are a qualified teacher under paragraph 13B of Schedule 2 to the Education (School Teachers’ Qualifications) (England) Regulations 2003 but have not yet been assessed as meeting the specified standards.

Regulation 6(a) and 8(a) amend the definition of “overseas territories” in the QCP Regulations and Fees and Awards Regulations.

Regulation 6(b) amends the definition of “parent” in the QCP Regulations. Regulations 8(b) and 36(a) make corresponding amendments to the Fees Awards Regulations and the Student Support Regulations.

Regulation 6(c) amends the QCP Regulations to make clear for the avoidance of doubt that “ordinary resident” means lawfully resident. Regulations 8(c) and 36(b) make corresponding amendments to the Fees and Awards Regulations and the Student Support Regulations.

Regulation 7 amends the QCP Regulations to remove the residence requirement for non-EU family members of EU nationals in relation to regulated fees.

Regulation 9(b) amends the definition of “flexible postgraduate course for the initial training of teachers” in light of the abolition of the Training and Development Agency for Schools.

Regulations 10, 14(a) and (b), 27, 28(a) and (b), 29 and 30(b) and (c) amend the Student Support Regulations such that full and part-time students living in England, who establish eligibility for student support for a distance learning course on the first day of the first academic year of their course, will continue to be eligible for student support unless they subsequently undertake their distance learning course outside the United Kingdom.

Regulation 11 makes a minor technical amendment to the Student Support Regulations in respect of the standard entitlement of students undertaking end-on courses and certain degree courses.

Regulation 12 increases the amount of tuition fee support for certain continuing full-time students undertaking their courses in Northern Ireland in respect of an academic year beginning on or after 1st September 2013.

Regulation 13, 14(c), 18 (in part), 20, 21, 23, 28(c), 31(b) and 35 amend the Student Support Regulations so that students becoming eligible for student support during the course of the academic year qualify for support in respect of the quarters following the event triggering their eligibility.

Regulations 15, 16 and 19 amend the provisions of the Student Support Regulations under which grants for dependants are calculated. The effect of the changes is that grants for dependants will be calculated on the basis of: (i) the residual income of any partner or adult dependant for the prior financial year; and (ii) the net income of any child dependant for the prior financial year. However, where a dependant’s income for the current financial year is likely to be 15 per cent less than that in the prior financial year, the Secretary of State may instead assess the dependant’s income on the basis of the current financial year.

Regulation 18 amends the Student Support Regulations to enable the Secretary of State to limit the amount of childcare grant payable where the student does not submit details of the childcare provider.

Regulation 39 and the Schedule increase the amount of maintenance grant and special support grant for full-time students and the fee grant and course grant for certain continuing part-time students in respect of an academic year beginning on or after 1 September 2013.

Regulation 9(a), 22, 24, 25, 26, 30(a), (d) and (e), 31(a), 32, 33, 34, 37 and 38 make minor corrections to the Student Support Regulations.

An impact assessment has not been produced for this instrument as it has no impact on the costs of business, charities or the public sector. The impact on the public sector is minimal. The Explanatory Memorandum is published alongside the Regulations on www.legislation.gov.uk.