For Article 9 of the 2012 Order substitute—

“Payments under the ELC Scheme9.

(1)

A payment under the ELC Scheme must be made to an approved learning provider.

(2)

A payment referred to in paragraph (1) may be—

(a)

a lower tier payment;

(b)

an aggregated lower tier payment; or

(c)

a higher tier payment.

Lower tier payments9A.

(1)

A lower tier payment—

(a)

may be up to 80% of the total cost of the tuition fees for higher level learning; but

(b)

must not exceed £1,000 per financial year.

(2)

Only one lower tier payment may be made in any financial year in respect of the qualifying service of any one person.

(3)

A maximum of three lower tier payments may be made in respect of the qualifying service of any one person.

(4)

The number of lower tier payments that may be made in respect of that qualifying service must be reduced by the number of any in-service payments made in respect of that qualifying service.

(5)

Where a lower tier payment has already been made, an application for a lower tier payment must be supported by written evidence from the previous approved learning provider that the applicant satisfactorily completed the study to which the previous payment related.

(6)

No lower tier payment may be made in respect of the qualifying service of any one person if an aggregated lower tier payment has been made in respect of that service.

Aggregated lower tier payments9B.

(1)

An aggregated lower tier payment—

(a)

may be up to 80% of the total cost of the tuition fees for higher level learning; and

(b)

must exceed £1,000 but not exceed £3,000.

(2)

Only one aggregated lower tier payment may be made in respect of the qualifying service of any one person.

(3)

An aggregated lower tier payment may be made if—

(a)

a person is eligible for an aggregated lower tier payment under article 6, 7 or 8 (as the case may be);

(b)

no lower tier payment has been made in respect of that service; and

(c)

no in-service payment has been made in respect of that service.

Higher tier payments9C.

(1)

A higher tier payment—

(a)

may be up to 80% of the total cost of tuition fees for higher level learning; but

(b)

must not exceed £2,000 per financial year.

(2)

Only one higher tier payment may be made in any financial year in respect of the qualifying service of any one person.

(3)

A maximum of three higher tier payments may be made in respect of the qualifying service of any one person.

(4)

The number of higher tier payments that may be made in respect of that qualifying service must be reduced by the number of in-service payments made in respect of that qualifying service.

(5)

Where a higher tier payment has already been made, an application for a higher tier payment must be supported by written evidence from the previous approved learning provider that the applicant satisfactorily completed the study to which the previous payment related.

(6)

No higher tier payment may be made in respect of the qualifying service of any one person if an aggregated lower tier payment has been made in respect of that service.”