The Further Education Loans (Amendment) Regulations 2015

Statutory Instruments

2015 No. 181

Education, England

The Further Education Loans (Amendment) Regulations 2015

Made

10th February 2015

Laid before Parliament

11th February 2015

Coming into force

30th March 2015

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 22 and 42(6) of the Teaching and Higher Education Act 1998(1).

Citation and commencement

1.  These Regulations may be cited as the Further Education Loans (Amendment) Regulations 2015 and come into force on 30th March 2015.

Amendment of Further Education Loans Regulations 2012

2.  The Further Education Loans Regulations 2012(2) are amended in accordance with regulations 3 and 4.

Time limits

3.  For regulation 11 of the Further Education Loans Regulations 2012, substitute—

“Time limits

11.— (1) An application for a fee loan in connection with a further education course beginning before 1st August 2015 must reach the Secretary of State within the period of eligibility for the further education course for which support is required.

(2) An application for a fee loan in connection with a further education course beginning on or after 1st August 2015 must reach the Secretary of State—

(a) within the period of eligibility for the further education course for which support is required; and

(b) before the applicant completes the further education course for which support is required.”.

Amount of the fee loan

4.  For regulation 16 of the Further Education Loans Regulations 2012, substitute—

“Amount of the fee loan

16.— (1) The amount of a fee loan in respect of a further education course beginning before 1st August 2015 must not exceed the lesser of—

(a) the maximum level of public funding in connection with that further education course, or

(b) the amount which the institution is charging the eligible student for the further education course.

(2) The amount of a fee loan in respect of a further education course beginning on or after 1st August 2015 must not exceed the lesser of—

(a) the maximum loan amount available in connection with that further education course as contained in the document published by the Skills Funding Agency on 5th February 2015 entitled “Funding rates for 24+ Advanced Learning Loans designated qualifications 2015 to 2016, Version 1” (3), or

(b) the amount which the institution is charging the eligible student for the further education course.”.

Nick Boles

Minister of State for Skills and Equalities

Department for Business, Innovation and Skills

10th February 2015

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Further Education Loans Regulations 2012 (S.I. 2012/1818) (the “2012 Regulations”).

Regulation 3 replaces regulation 11 of the 2012 Regulations and includes a condition that an application for a fee loan in connection with a further education course beginning on or after 1st August 2015 must reach the Secretary of State before the applicant completes the further education course for which support is required.

Regulation 4 replaces regulation 16 of the 2012 Regulations and refers to the funding matrix in the document published by the Skills Funding Agency on 5th February 2015 entitled “Funding rates for 24+ Advanced Learning Loans designated qualifications 2015 to 2016, Version 1” as one basis for establishing the maximum amount of a fee loan in respect of a further education course beginning on or after 1st August 2015. The document is available from the Gov.uk website at https://www.gov.uk/government/publications/funding-rates-for-24-advanced-learning-loans-designated-qualifications-2015-to-2016 or from the Skills Funding Agency, Cheylesmore House, Quinton Road, Coventry CV1 2WT.

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen. The Explanatory Memorandum is published with these Regulations on www.legislation.gov.uk.

(1)

1998 c.30. Section 22 was amended by the Learning and Skills Act 2000 (c. 21) section 146 and Schedule 11, the Income Tax (Earnings and Pensions) Act 2003 (c.1) Schedule 6, the Finance Act 2003 (c.14) section 147, the Higher Education Act 2004 (c.8) sections 42 and 43 and Schedule 7, the Apprenticeships, Skills, Children and Learning Act 2009 (c.22) section 257, the Education Act 2011 (c.21) section 76 and S.I. 2013/1881. See section 43(1) of the 1998 Act for the definition of “prescribed” and “regulations”.

(2)

S.I. 2012/1818, amended by S.I. 2014/290, 2014/1766.

(3)

Available at: https://www.gov.uk/government/publications/funding-rates-for-24-advanced-learning-loans-designated-qualifications-2015-to-2016.