The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017
Citation, commencement and application
1.
(1)
These Regulations may be cited as the Education (Student Fees, Awards and Support) (Amendment) Regulations 2017.
(2)
This regulation and regulations 2, 11, 12(b)(i), 15(a), 15(b)(i), 18(b), 24, 25, 28, 29, 30, 31, 32 and 37(b) come into force on 3rd March 2017.
(3)
Subject to paragraphs (4) and (5), all other provisions of these Regulations—
(a)
come into force on 3rd March 2017; and
(b)
apply in relation to the provision of support to students in relation to an academic year which begins on or after 1st August 2017 whether anything done under these Regulations is done before, on or after 1st August 2017.
(4)
Regulation 3(c) does not apply in relation to a person who—
(a)
(b)
begins an Erasmus year before 1st August 2017.
(5)
Regulations 33 to 37(a) do not apply in relation to an applicant—
(a)
who—
(i)
(ii)
on or after that date makes an application for support under the Education (Student Support) (European University Institute) Regulations 2010 on the basis of that determination in relation to an academic year which begins on or after 1st August 2017; or
(b)
who would have fallen to be determined as eligible within paragraph 10 of Part 2 of Schedule 1 to the Education (Student Support) (European University Institute) Regulations 2010 had they made an application for support before the coming into force of these Regulations in relation to an academic year beginning before 1st August 2017.
(6)
In these Regulations—
“academic year” means the period of twelve months beginning on 1st January, 1st April, 1st July or 1st September of the calendar year in which the academic year of the course in question begins according to whether that academic year begins on or after 1st January and before 1st April, on or after 1st April and before 1st July, on or after 1st July and before 1st August or on or after 1st August and on or before 31st December, respectively;
“current course” means the designated course in respect of which a person is applying for support;
“distance learning course” means a course on which a student undertaking the course is not required to be in attendance by the institution providing the course, where “required to be in attendance” is not satisfied by a requirement imposed by the institution to attend any institution—
(a)
for the purposes of registration or enrolment or any examination;
(b)
on a weekend or during any vacation; or
(c)
on an occasional basis during the week.
Amendment of the Education (Student Support) Regulations 2011
2.
The Education (Student Support) Regulations 2011 are amended in accordance with regulations 3 to 27.
3.
In regulation 2(1) (Interpretation)—
(a)
““allied health profession subject” means chiropody, dietetics, dietetics and nutrition, occupational therapy, orthoptics, orthotics and prosthetics, physiotherapy, podiatry, radiography, radiotherapy, and speech and language therapy;”;
(b)
““bursary year” means an academic year of a course in relation to which the student is—
(a)
eligible to apply for a healthcare bursary the amount of which is calculated by reference to income whether or not the calculation results in a nil amount;
(b)
eligible to apply for a Scottish healthcare allowance the amount of which is calculated by reference to income whether or not the calculation results in a nil amount; or
(c)
eligible for a healthcare tuition payment;”;
(c)
in the definition of “Erasmus year”—
(i)
in sub-paragraph (b), omit “or Scotland”;
(ii)
in sub-paragraph (c), for “or Wales”, substitute “, Scotland or Wales”;
(d)
““healthcare bursary” means a bursary or award of similar description under—
(a)
section 63 of the Health Services and Public Health Act 19686 made in respect of—
- (i)
a course provided by an institution in England beginning before 1st August 2017;
- (ii)
a course provided by an institution in England beginning on or after 1st August 2017, where that course leads to qualification as a paramedic, medical doctor or dentist;
- (iii)
a course provided by an institution in Scotland or Northern Ireland, where that course leads to qualification as a medical doctor or dentist;
- (iv)
a course provided by an institution in Wales; or
(b)
article 44 of the Health and Personal Social Services (Northern Ireland) Order 19727;”;
(e)
““healthcare tuition payment” means a payment for tuition in connection with the NHS Bursary Scheme in England, established pursuant to section 63 of the Health Services and Public Health Act 1968, in respect of a course beginning on or after 1st August 2017, except where that course leads to qualification as a medical doctor or dentist;”;
(f)
““non-regulated institution” means an institution in Wales that does not have a fee and access plan in force approved by the Higher Education Funding Council for Wales under section 7 of the Higher Education (Wales) Act 20158;”;
(g)
in the definition of “ordinary duration”—
(i)
in sub-paragraph (b), omit “or Scotland”;
(ii)
in sub-paragraph (c), for “or Wales” substitute “, Scotland or Wales”;
(iii)
“(d)
Erasmus years of a course provided by an institution in Scotland where the course began on or after 1st September 2012 and where the Erasmus year begins before 1st August 2017;”;
(h)
“pre-registration course” means an education and training programme leading to a qualification which is a condition of inclusion in the register (or as the case may be, the relevant part or parts of the register) maintained respectively by the Health and Care Professions Council for allied health profession subjects and operating department practice, the Nursing and Midwifery Council for midwifery or nursing, or the Health and Care Professions Council and Nursing and Midwifery Council for nursing and social work”;
(i)
““regulated institution” means an institution that has a fee and access plan in force approved by the Higher Education Funding Council for Wales under section 7 of the Higher Education (Wales) Act 2015;”;
(j)
in the definition of “standard academic year”—
(i)
in sub-paragraph (b), omit “or Scotland”;
(ii)
in sub-paragraph (c), for “or Wales” substitute “, Scotland or Wales”;
(iii)
“(d)
an Erasmus year of a course provided by an institution in Scotland where the course began on or after 1st September 2012 and where the Erasmus year begins before 1st August 2017;”.
4.
In regulation 4(3)(c)(i) (Eligible students), omit “A’s ”.
5.
In regulation 5(1)(d) (Designated courses)—
(a)
in sub-paragraph (i), after “institution”, add “in England, Scotland or Northern Ireland, or in Wales where the course begins before 1st September 2017”;
(b)
in sub-paragraph (ii), after “authority-funded institution”, insert “in England, Scotland or Northern Ireland, or in Wales where the course begins before 1st September 2017”;
(c)
after sub-paragraph (ii), omit “or”;
(d)
in sub-paragraph (iii)—
(i)
after “authority-funded institution”, insert “in England, Scotland or Northern Ireland, or in Wales where the course begins before 1st September 2017,”;
(ii)
after the semi-colon, insert “or”;
(e)
“(iv)
provided by a regulated institution in Wales or a regulated institution in Wales in conjunction with an institution which is situated outside the United Kingdom, where that course begins on or after 1st September 2017;”.
6.
“(4A)
A course which would otherwise be a previous course is not treated as such if the current course—
(a)
is a pre-registration course in an allied health profession subject, midwifery, nursing, nursing and social work, or operating department practice;
(b)
leads to an ordinary degree, honours degree, or, in respect of a course in operating department practice, to an ordinary degree, honours degree or a diploma; and
(c)
begins on or after 1st August 2017.”.
7.
In regulation 13 (Miscellaneous)—
(a)
“(2A)
Paragraph (1) does not apply where the current course—
(a)
is a pre-registration course in an allied health profession subject, midwifery, nursing, nursing and social work or operating department practice;
(b)
leads to an ordinary degree, honours degree, or, in respect of a course in operating department practice, to an ordinary degree, honours degree or a diploma; and
(c)
begins on or after 1st August 2017.”;
(b)
“(8)
Paragraphs (6) and (7) do not apply to a person who is treated as being ordinarily resident in the United Kingdom by virtue of paragraph 1(4) of Schedule 1 on the basis of temporary employment falling within paragraph 1(5)(a) of that Schedule.”.
8.
In regulation 19 (Availability of fee loans to current system students)—
(a)
in paragraph (2)(b), omit “or Scotland”;
(b)
in paragraph (2)(c), for “or Wales”, insert “, Wales or Scotland”;
(c)
in paragraph (8)(b), omit “or Scotland”;
(d)
in paragraph (8)(c), for “or Wales”, insert “, Wales or Scotland”;
(e)
in paragraph (9)(b), omit “or Scotland”;
(f)
in paragraph (9)(c), for “or Wales”, insert “, Wales or Scotland”.
9.
In regulation 23 (Amount of the fee loan)—
(a)
in paragraph (3)(b)(ii), after “institution”, insert “in England”;
(b)
in paragraph (4)—
(i)
in the opening words after “publicly funded institution)”, insert “in England not listed in Schedule 5”;
(ii)
“(b)
£3,000 where paragraph (7) applies;”;
(iii)
in sub-paragraph (c), omit “and the course is provided by an institution in England or Wales”;
(iv)
in sub-paragraph (d), omit “and the course is provided by an institution in England or Wales”;
(c)
“(4A)
Where the current course began on or after 1st September 2012 and is provided by a private or non-regulated institution listed in Schedule 5 (other than on behalf of a publicly funded or regulated institution respectively), the “maximum amount” is—
(a)
£6,165, unless paragraph (7), (7A), (7B) or (8) applies;
(b)
£3,080, where paragraph (7) applies;
(c)
£1,230, where paragraph (7A) applies and the course is provided by a private institution in England (other than on behalf of a publicly funded institution);
(d)
£1,230, where paragraph (7A) applies, the course is provided by a private institution in Wales (other than on behalf of a publicly funded institution) and begins before 1st September 2017;
(e)
£1,230 where paragraph (7A) applies, the course is provided by a non-regulated institution in Wales (other than on behalf of a regulated institution) and begins on or after 1st September 2017;
(f)
£3,080 where paragraph (7A) applies and the course is provided by a private institution in Northern Ireland or Scotland (other than on behalf of a publicly funded institution);
(g)
£920, where paragraph (7B) applies and the course is provided by a private institution in England (other than on behalf of a publicly funded institution);
(h)
£920, where paragraph (7B) applies, the course is provided by a private institution in Wales (other than on behalf of a publicly funded institution), and begins before 1st September 2017;
(i)
£920, where paragraph (7B) applies, the course is provided by a non-regulated institution in Wales (other than on behalf of a regulated institution), and begins on or after 1st September 2017; or
(j)
£3,080, where paragraph (7B) applies and the course is provided by a private institution in Northern Ireland or Scotland (other than on behalf of a publicly funded institution).”;
(d)
“(5)
Where the current course began on or after 1st August 2012 and is provided by an institution in Scotland or Northern Ireland, the “maximum amount” is—
(a)
£9,250 where the course is provided by or on behalf of a publicly funded institution, unless paragraph (7), (7A), (7B) or (8) applies;
(b)
£6,000 where the course is provided by a private institution (other than on behalf of a publicly funded institution), unless paragraph (4A), (7), (7A), (7B) or (8) applies;
(c)
£4,625 where the course is provided by or on behalf of a publicly funded institution and paragraph (7), (7A) or (7B) applies;
(d)
£3,000 where the course is provided by a private institution (other than on behalf of a publicly funded institution) and paragraph (7), (7A) or (7B) applies, unless paragraph (4A) applies.”;
(e)
“(5ZA)
Where the current course begins on or after 1st August 2012 and before 1st September 2017, and is provided by or on behalf of an institution in Wales, the “maximum amount” is—
(a)
£9,000 where the course is provided by or on behalf of a publicly funded institution, unless paragraph (7), (7A), (7B) or (8) applies;
(b)
£6,000 where the course is provided by a private institution (other than on behalf of a publicly funded institution), unless paragraph (4A), (7), (7A), (7B) or (8) applies;
(c)
£4,500 where the course is provided by or on behalf of a publicly funded institution, and paragraph (7) applies;
(d)
£3,000 where the course is provided by a private institution (other than on behalf of a publicly funded institution) and paragraph (7) applies, unless paragraph (4A) applies;
(e)
£1,800 where the course is provided by or on behalf of a publicly funded institution, and paragraph (7A) applies;
(f)
£1,200 where the course is provided by a private institution (other than on behalf of a publicly funded institution) and paragraph (7A) applies, unless paragraph (4A) applies;
(g)
£1,350 where the course is provided by or on behalf of a publicly funded institution, and paragraph (7B) applies; or
(h)
£900 where the course is provided by a private institution (other than on behalf of a publicly funded institution) and paragraph (7B) applies, unless paragraph (4A) applies.
(5ZB)
Where the current course begins on or after 1st September 2017, and is provided by or on behalf of an institution in Wales, the “maximum amount” is—
(a)
£9,000 where the course is provided by or on behalf of a regulated institution, unless paragraph (7), (7A), (7B) or (8) applies;
(b)
£6,000 where the course is provided by a non-regulated institution, unless paragraph (4A), (7), (7A), (7B) or (8) applies;
(c)
£4,500 where the course is provided by or on behalf of a regulated institution, and paragraph (7) applies;
(d)
£3,000 where the course is provided by a non-regulated institution and paragraph (7) applies, unless paragraph (4A) applies;
(e)
£1,800 where the course is provided by or on behalf of a regulated institution, and paragraph (7A) applies;
(f)
£1,200 where the course is provided by a non-regulated institution and paragraph (7A) applies, unless paragraph (4A) applies;
(g)
£1,350 where the course is provided by or on behalf of a regulated institution, and paragraph (7B) applies; or
(h)
£900 where the course is provided by a non-regulated institution and paragraph (7B) applies, unless paragraph (4A) applies.”;
(f)
in paragraph (6)(b), after (4), insert “(4A), (5), (5ZA) or (5ZB)”;
(g)
in paragraph (6A)—
(i)
in sub-paragraph (b), after “(4)”, insert “, (4A), (5ZA) or (5ZB)”;
(ii)
in sub-paragraph (c), for “(4)”, substitute “(4A) or (5)”;
(h)
in paragraph (6B)—
(i)
in sub-paragraph (b), after “(4)”, insert “, (4A), (5ZA) or (5ZB)”;
(ii)
in sub-paragraph (c), for “(4)”, substitute “(4A) or (5)”;
(i)
in paragraph (6C), after “£1,350”, insert “where the course is provided by an institution in Wales or £1,385 where the course is provided by an institution in England or Scotland”;
(j)
in paragraph (7C), for “or Wales”, substitute “, Wales or Scotland”;
(k)
in paragraph (8), for “£5,535”, substitute “£5,785 for the first academic year of the course, otherwise £5,535”.
10.
“(3A)
Paragraphs (2) and (3) do not apply to a person who is treated as being ordinarily resident in the United Kingdom by virtue of paragraph 1(4) of Schedule 1 on the basis of temporary employment falling within paragraph 1(5)(a) of that Schedule.”.
11.
In regulation 41 (Amount of the disabled students’ allowance), omit paragraph (4).
12.
In regulation 45(3) (Childcare grant)—
(a)
in paragraph (b), omit the final “or”;
(b)
in paragraph (c)—
(i)
after “bursary”, insert “or Scottish healthcare allowance”;
(ii)
for the full-stop, substitute “; or”;
(c)
“(d)
A’s partner is eligible for a healthcare tuition payment and has elected to receive financial support for childcare under section 63 of the Health Services and Public Health Act 19689.”.
13.
In regulation 69 (Qualifying conditions for the loan for living costs - current system students)—
(a)
in sub-paragraph (2)(c)—
(i)
omit “that student’s”;
(ii)
omit the final “or”;
(b)
“(ca)
the current system student is eligible for a healthcare tuition payment;”;
(c)
in paragraph (2)(d), for the full-stop, substitute “; or”;
(d)
“(e)
the designated course—
(i)
is a pre-registration course in an allied health profession subject, midwifery, nursing, nursing and social work, or operating department practice;
(ii)
leads to an ordinary degree, honours degree, or, in respect of a course in operating department practice, to an ordinary degree, honours degree or a diploma; and
(iii)
begins on or after 1st August 2017.”.
14.
In regulation 70(3) (Qualifying conditions for the loan for living costs – old system students), in sub-paragraph (b), omit “the student’s” both times it appears.
15.
In regulation 80 (Students with reduced entitlement)—
(a)
in paragraph (1), omit sub-paragraph (b)(iii);
(b)
in paragraph (2)—
(i)
omit sub-paragraph (b)(iii);
(ii)
in sub-paragraph (e), in the opening words, omit “or 2016”;
(iii)
in sub-paragraph (e)(iv), for the full-stop, substitute a semi-colon;
(iv)
“(f)
where a 2016 cohort student applies for a loan for living costs and opts not to provide the information needed to calculate the household income, the amount is—
(i)
for a student in category A, £2,870;
(ii)
for a student in category B, £4,991;
(iii)
for a student in category C, £4,055;
(iv)
for a student in category D, £3,652.”.
16.
“(3B)
Paragraphs (3) and (3A) do not apply to a person who is treated as being ordinarily resident in the United Kingdom by virtue of paragraph 1(4) of Schedule 1 on the basis of temporary employment falling within paragraph 1(5)(a) of that Schedule.”.
17.
“(3AA)
Paragraphs (3) and (3A) do not apply to a person who is treated as being ordinarily resident in the United Kingdom by virtue of paragraph 1(4) of Schedule 1 on the basis of temporary employment falling within paragraph 1(5)(a) of that Schedule.”.
18.
In regulation 137 (Eligible part-time students)—
(a)
“(a)
A is, in connection with the part-time course—
(i)
eligible to apply for a healthcare bursary whether or not the amount of such bursary is calculated by reference to income;
(ii)
eligible to apply for any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 2007; or
(iii)
eligible for a healthcare tuition payment;”;
(b)
in paragraph (10)—
(i)
in sub-paragraph (a)—
(aa)
for “person granted humanitarian protection”, substitute “refugee”;
(bb)
for “such a person”, substitute “a refugee”;
(ii)
“(b)
as at the day before the academic year in respect of which A is applying for support begins, the refugee status of A or of A’s spouse, civil partner, parent or step-parent, as the case may be, has expired and 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)10,”.
19.
“(3C)
Paragraphs (3A) and (3B) do not apply to a person who is treated as being ordinarily resident in the United Kingdom by virtue of paragraph 1(4) of Schedule 1 on the basis of temporary employment falling within paragraph 1(5)(a) of that Schedule.”.
20.
In regulation 144 (Fee support for designated part-time courses beginning on or after 1st September 2012)—
(a)
“(3B)
Paragraphs (3)(b) and (3A) do not apply to a person who is treated as being ordinarily resident in the United Kingdom by virtue of paragraph 1(4) of Schedule 1 on the basis of temporary employment falling within paragraph 1(5)(a) of that Schedule.”;
(b)
“(7A)
Paragraph (4) does not apply if—
(a)
the current part-time course—
(i)
is a course in agriculture and related subjects, biological sciences, mathematical sciences, physical sciences or veterinary sciences (or a combination of those subjects);
(ii)
leads to an honours degree; and
(b)
the student begins the current part-time course on or after 1st August 2017.
(7B)
Paragraph (4) does not apply if—
(a)
the current part-time course—
(i)
is a pre-registration course in an allied health profession subject, midwifery, nursing, nursing and social work or operating department practice;
(ii)
leads to an ordinary degree, honours degree, or, in respect of a course in operating department practice, an ordinary degree, honours degree or a diploma; and
(b)
the student begins the current part-time course on or after 1st August 2017.”.
21.
In regulation 145(2) (Amount of the fee loan - courses beginning on or after 1st September 2012)—
(a)
“(b)
£4,500, where the current part-time course is provided by a private institution (other than on behalf of a publicly funded institution) not listed in Schedule 5;”;
(b)
“(c)
£4,625, where the current part-time course is provided by a private institution (other than on behalf of a publicly funded institution) listed in Schedule 5.”.
22.
“(2A)
Paragraph (2)(b) does not apply to a person who is treated as being ordinarily resident in the United Kingdom by virtue of paragraph 1(4) of Schedule 1 on the basis of temporary employment falling within paragraph 1(5)(a) of that Schedule.”.
23.
“(aa)
A is eligible for a healthcare tuition payment;”.
24.
In Schedule 1 (Eligible Students)—
(a)
“Persons who are settled in the United Kingdom2.
(1)
A person—
(a)
who on the first day of the first academic year of the course—
(i)
is settled in the United Kingdom other than by reason of having acquired the right of permanent residence;
(ii)
is ordinarily resident in England;
(iii)
has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course; and
(b)
subject to sub-paragraph (2), whose residence in the United Kingdom and Islands has not during any part of the period referred to in sub-paragraph (a)(iii) been wholly or mainly for the purpose of receiving full-time education.
(2)
Paragraph (b) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the United Kingdom and Islands in accordance with paragraph 1(4).”;
(b)
in paragraph 5(1)(a), 5(2)(c) and 5(3)(d), for “the United Kingdom” substitute “England”;
(c)
“Long Residence13.
(1)
A person—
(a)
who on the first day of the first academic year of the course either—
(i)
is under the age of 18 and has lived in the United Kingdom throughout the seven-year period preceding the first day of the first academic year of the course; or
(ii)
is aged 18 or above and, preceding the first day of the first academic year of the course, has lived in the United Kingdom throughout either—
(aa)
half their life; or
(bb)
a period of twenty years;
(b)
who is ordinarily resident in England;
(c)
who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course; and
(d)
subject to sub-paragraph (2), whose residence in the United Kingdom and Islands has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.
(2)
Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the United Kingdom and Islands in accordance with paragraph 1(4).”.
25.
In Schedule 4 (Financial assessment)—
(a)
“(b)
otherwise the value of the sterling which the income would purchase using the average rate published by Her Majesty’s Revenue and Customs for the calendar year which ends before the start of the relevant year.”;
(b)
“(8)
Where A’s income is computed as for the purposes of the income tax legislation of another Member State, it is computed under the provisions of this Schedule in the currency of that Member State and A’s income for the purposes of this Schedule is the sterling value of that income determined in accordance with the average rate published by Her Majesty’s Revenue and Customs for the calendar year which ends before the end of the prior financial year.”.
26.
After Schedule 4, insert Schedule 1 to these Regulations (Institutions to whom regulations 23(4A) and 145(2)(c) apply), as Schedule 5.
27.
Schedule 2 to these Regulations has effect to substitute the figure in the third column of the table for the figure in the second column where it appears in the provision of the Education (Student Support) Regulations 2011 set out in the first column.
Amendment of the Student Fees (Qualifying Courses and Persons) (England) Regulations 2007
28.
29.
In the Schedule—
(a)
“Persons who are settled in the United Kingdom2.
(1)
A person—
(a)
who on the first day of the first academic year of the course—
(i)
is settled in the United Kingdom other than by reason of having acquired the right of permanent residence;
(ii)
is ordinarily resident in the United Kingdom;
(iii)
has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course; and
(b)
subject to sub-paragraph (2), whose residence in the United Kingdom and Islands has not during any part of the period referred to in paragraph (a)(iii) been wholly or mainly for the purpose of receiving full-time education.
(2)
Paragraph (b) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the United Kingdom and Islands in accordance with paragraph 1(3).”;
(b)
“Long Residence12.
(1)
A person—
(a)
who on the first day of the first academic year of the course either—
(i)
is under the age of 18 and has lived in the United Kingdom throughout the seven-year period preceding the first day of the first academic year of the course; or
(ii)
is aged 18 or above and, preceding the first day of the first academic year of the course, has lived in the United Kingdom throughout either—
(aa)
half their life; or
(bb)
a period of twenty years;
(b)
who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course;
(c)
who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course; and
(d)
subject to sub-paragraph (2), whose residence in the United Kingdom and Islands has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.
(2)
Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the United Kingdom and Islands in accordance with paragraph 1(3).”.
Amendment of the Education (Fees and Awards) (England) Regulations 2007
30.
31.
In Schedule 1—
(a)
“Persons who are settled in the United Kingdom2.
(1)
A person—
(a)
who on the first day of the first academic year of the course—
(i)
is settled in the United Kingdom other than by reason of having acquired the right of permanent residence;
(ii)
is ordinarily resident in the United Kingdom;
(iii)
has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course; and
(b)
subject to sub-paragraph (2), whose residence in the United Kingdom and Islands has not during any part of the period referred to in sub-paragraph (a)(iii) been wholly or mainly for the purpose of receiving full-time education.
(2)
Paragraph (b) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the United Kingdom and Islands in accordance with regulation 2(4).”;
(b)
“Long Residence13.
(1)
A person—
(a)
who on the first day of the first academic year of the course either—
(i)
is under the age of 18 and has lived in the United Kingdom throughout the seven-year period preceding the first day of the first academic year of the course; or
(ii)
is aged 18 or above and, preceding the first day of the first academic year of the course, has lived in the United Kingdom throughout either—
(aa)
half their life; or
(bb)
a period of twenty years;
(b)
who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course;
(c)
who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course; and
(d)
subject to sub-paragraph (2), whose residence in the United Kingdom and Islands has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.
(2)
Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the United Kingdom and Islands in accordance with regulation 2(4).”.
Amendment of the Education (Student Support) (European University Institute) Regulations 2010
32.
33.
In regulation 17(2) (Grants for living and other costs), after “paragraph 9” insert “or paragraph 10”.
34.
In regulation 19(2) (Disabled students’ allowance), after “paragraph 9” insert “or paragraph 10”.
35.
In regulation 22(3) (Adult dependants’ grant), after “paragraph 9” insert “or paragraph 10”.
36.
In regulation 24(2) (Parents’ learning allowance), after “paragraph 9” insert “or paragraph 10”.
37.
In Schedule 1, Part 2 (Eligible Students - Categories)—
(a)
“10A.
A person who—
(a)
is an EU national other than a United Kingdom national on the relevant date;
(b)
is ordinarily resident in England on the relevant date;
(c)
has been ordinarily resident in the United Kingdom and Islands throughout the five-year period immediately preceding the relevant date; and
(d)
in a case where the person’s ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the European Economic Area and Switzerland immediately prior to the period of ordinary residence referred to in paragraph (c).
(2)
Where a state accedes to the EU after the relevant date and a person is a national of that state, the requirement in paragraph (a) of sub-paragraph (1) to be an EU national other than a United Kingdom national on the relevant date is treated as being satisfied.”;
(b)
“Long Residence13.
(1)
A person—
(a)
who on the relevant date either—
(i)
is under the age of 18 and has lived in the United Kingdom throughout the seven-year period preceding the relevant date; or
(ii)
is aged 18 years old or above and, preceding the relevant date, has lived in the United Kingdom throughout either—
(aa)
half their life; or
(bb)
a period of twenty years;
(b)
who is ordinarily resident in England on the relevant date;
(c)
who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the relevant date; and
(d)
subject to sub-paragraph (2), whose residence in the United Kingdom and Islands has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.
(2)
Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the United Kingdom and Islands in accordance with paragraph 1(7).”.
SCHEDULE 1
Institutions to whom regulations 23(4A) and 145(2)(c) apply
The institutions to whom regulations 23(4A) and regulation 145(2)(c) apply are—
ABI College Limited
Access to Music Limited
All Nations Christian College Limited
ALRA
Architectural Association (Incorporated)
Arden University Limited
Arts Educational School
Assemblies of God Incorporated
Ballet West
Belfast Bible College
BIMM Limited
BPP University Limited
Brit College Limited
Bristol Baptist College
British Study Centres Limited
Cambridge Arts & Sciences Ltd
Carmel College
Centre for Alternative Technology Charity Limited
Christie’s Education Limited
City And Guilds of London Art School Limited
Cliff College
Court Theatre Training Company Ltd
CWR
East End Computing & Business College Limited
Elim Foursquare Gospel Alliance
Empire College London Limited
Fairfield School of Business Ltd
ForMission Ltd
Free Church of Scotland
Futureworks Training Limited
Grafton College Limited
ICMP Management Limited
Inter-Ed UK Limited
International Business College Manchester Limited
International College of Oriental Medicine (UK) Limited (The)
Irshad Trust
Istituto Marangoni Limited
Kaplan Open Learning (Essex) Limited
KLC Limited
Kensington Education Foundation Limited
Kogan Academy of Dramatic Arts
London Bridge Business Academy Limited
London Churchill College Ltd
London College of Business Sciences Limited
London College of Creative Media Limited
London International Film School Limited(the)
London School of Business and Management Limited
London School of Management Education Limited
London School of Science & Technology Limited
London School of Theology
London Studio Centre Limited
Luther King House Educational Trust
Matrix College of Counselling and Psychotherapy Ltd
Met Film School Limited
Millennium Performing Arts Ltd.
Mont Rose College of Management and Sciences Limited
Moorlands College
Mountview Academy of Theatre Arts Limited
Nazarene Theological College
Norland College Limited
Northern College of Acupuncture
Oxford Business College UK Limited
Pearson College Limited
Point Blank Limited
Richmond, The American International University in London, Inc.
Royal Academy of Dance
SAE Education Limited
Sherwood Psychotherapy Training Institute Limited
Slough Borough Council
Spurgeon’s College
St Mellitus College Trust
St Nicholas Montessori Training Limited
Stratford College London Limited
Tertiary Education Services Limited
The Academy of Contemporary Music Limited
The Cambridge Theological Federation
The Chicken Shed Theatre Trust
The College of Integrated Chinese Medicine
The Edward James Foundation Limited
The Kingham Hill Trust
The London Institute of Banking & Finance
The Markfield Institute of Higher Education
The Metanoia Institute
The Queen’s Foundation for Ecumenical Theological Education
The Salvation Army
The University of Buckingham
The University Of Law Limited
Tottenham Hotspur Foundation
Trinity College (Bristol) Limited
UCK Limited
UK College of Business and Computing Ltd
University College of Estate Management
Wales Evangelical School of Theology (WEST)
West London College of Business & Management Sciences Limited
SCHEDULE 2NEW PAYMENT RATES FOR STUDENT SUPPORT
Provision in the Education (Student Support) Regulations 2011 | Existing figure | New figure |
|---|---|---|
Regulation 23 | ||
23(3)(b) | £9,000 | £9,250 |
23(5A) | £3,925 | £4,030 |
23(5A) | £1,955 | £2,005 |
23(6)(b) | £4,500 | £4,625 |
23(6A)(b) | £1,800 | £1,850 |
23(6A)(c) | £4,500 | £4,625 |
23(6B)(b) | £1,350 | £1,385 |
23(6B)(c) | £4,500 | £4,625 |
Regulation 41 | ||
41(2)(a) | £20,725 | £21,305 |
41(2)(b) | £5,212 | £5,358 |
41(2)(d) | £1,741 | £1,790 |
Regulation 44 | ||
44(3)(a) | £2,757 | £2,834 |
44(3)(b) | £2,757 | £2,834 |
Regulation 45 | ||
45(5)(a) | £155.24 | £159.59 |
45(5)(b) | £266.15 | £273.60 |
45(9) | £120.02 | £123.38 |
Regulation 46 | ||
46(2) | £1,573 | £1,617 |
Regulation 57 | ||
57(1) | £3,110 | £3,197 |
57(5)(a) | £3,110 | £3,197 |
57(5)(b) | £3,110 | £3,197 |
57(5)(b) | £5.68 | £5.41 |
57(5)(b) | £34,713 | £34,722 |
57(5)(b) | £34,713 | £34,722 |
Regulation 58 | ||
58(1) | £3,110 | £3,197 |
58(5)(a) | £3,110 | £3,197 |
58(5)(b) | £3,110 | £3,197 |
58(5)(b) | £14.29 | £13.29 |
Regulation 59 | ||
59(1) | £3,387 | £3,482 |
59(2)(a) | £3,387 | £3,482 |
59(2)(b) | £42,620 | £42,641 |
59(2)(b) | £3,387 | £3,482 |
59(2)(b) | £5.28 | £5.14 |
59(2)(c) | £42,620 | £42,641 |
Regulation 60 | ||
60(1) | £3,110 | £3,197 |
60(5)(a) | £3,110 | £3,197 |
60(5)(b) | £3,110 | £3,197 |
60(5)(b) | £5.68 | £5.41 |
60(5)(b) | £28,075 | £28,082 |
60(5)(b) | £28,075 | £28,082 |
Regulation 62 | ||
62(1) | £3,110 | £3,197 |
62(5)(a) | £3,110 | £3,197 |
62(5)(b) | £3,110 | £3,197 |
62(5)(b) | £5.68 | £5.41 |
62(5)(b) | £34,713 | £34,722 |
62(5)(b) | £34,713 | £34,722 |
Regulation 63 | ||
63(1) | £3,110 | £3,197 |
63(5)(a) | £3,110 | £3,197 |
63(5)(b) | £3,110 | £3,197 |
63(5)(b) | £14.29 | £13.29 |
Regulation 64 | ||
64(1) | £3,387 | £3,482 |
64(2)(a) | £3,387 | £3,482 |
64(2)(b) | £42,620 | £42,641 |
64(2)(b) | £3,387 | £3,482 |
64(2)(b) | £5.28 | £5.14 |
64(2)(c) | £42,620 | £42,641 |
Regulation 65 | ||
65(1) | £3,110 | £3,197 |
65(5)(a) | £3,110 | £3,197 |
65(5)(b) | £3,110 | £3,197 |
65(5)(b) | £5.68 | £5.41 |
65(5)(b) | £28,075 | £28,082 |
65(5)(b) | £28,075 | £28,082 |
Regulation 72 | ||
72(2)(i) | £3,924 | £4,034 |
72(2)(ii) | £7,100 | £7,299 |
72(2)(iii) | £6,041 | £6,210 |
72(2)(iv) | £5,071 | £5,213 |
72(2) | £8.67 | £8.44 |
72(3)(i) | £3,546 | £3,645 |
72(3)(ii) | £6,464 | £6,645 |
72(3)(iii) | £5,252 | £5,399 |
72(3)(iv) | £4,692 | £4,823 |
72(3) | £8.67 | £8.44 |
72(6)(a) | £3,924 | £4,034 |
72(6)(b) | £7,100 | £7,299 |
72(6)(c) | £6,041 | £6,210 |
72(6)(d) | £5,071 | £5,213 |
72(7)(a) | £3,546 | £3,645 |
72(7)(b) | £6,464 | £6,645 |
72(7)(c) | £5,252 | £5,399 |
72(7)(d) | £4,692 | £4,823 |
72(8)(i) | £3,924 | £4,034 |
72(8)(ii) | £7,100 | £7,299 |
72(8)(iii) | £6,041 | £6,210 |
72(8)(iv) | £5,071 | £5,213 |
72(9)(i) | £3,546 | £3,645 |
72(9)(ii) | £6,464 | £6,645 |
72(9)(iii) | £5,252 | £5,399 |
72(9)(iv) | £4,692 | £4,823 |
Regulation 74 | ||
74(2)(i) | £4,102 | £4,217 |
74(2)(ii) | £7,404 | £7,611 |
74(2)(iii) | £6,299 | £6,475 |
74(2)(iv) | £5,292 | £5,440 |
74(2) | £4.68 | £4.56 |
74(3)(i) | £3,722 | £3,826 |
74(3)(ii) | £6,741 | £6,930 |
74(3)(iii) | £5,477 | £5,630 |
74(3)(iv) | £4,897 | £5,034 |
74(3) | £4.68 | £4.56 |
74(6)(a) | £4,102 | £4,217 |
74(6)(b) | £7,404 | £7,611 |
74(6)(c) | £6,299 | £6,475 |
74(6)(d) | £5,292 | £5,440 |
74(7)(a) | £3,722 | £3,826 |
74(7)(b) | £6,741 | £6,930 |
74(7)(c) | £5,477 | £5,630 |
74(7)(d) | £4,897 | £5,034 |
74(8)(i) | £4,102 | £4,217 |
74(8)(ii) | £7,404 | £7,611 |
74(8)(iii) | £6,299 | £6,475 |
74(8)(iv) | £5,292 | £5,440 |
74(9)(i) | £3,722 | £3,826 |
74(9)(ii) | £6,741 | £6,930 |
74(9)(iii) | £5,477 | £5,630 |
74(9)(iv) | £4,897 | £5,034 |
Regulation 76 | ||
76(2)(i) | £4,675 | £4,806 |
76(2)(ii) | £8,202 | £8,432 |
76(2)(iii) | £6,984 | £7,180 |
76(2)(iv) | £5,878 | £6,043 |
76(2) | £9.36 | £9.12 |
76(3)(i) | £4,296 | £4,416 |
76(3)(ii) | £7,470 | £7,679 |
76(3)(iii) | £6,070 | £6,240 |
76(3)(iv) | £5,467 | £5,620 |
76(3) | £9.36 | £9.12 |
76(6) | £42,620 | £42,641 |
76(6)(a) | £4,675 | £4,806 |
76(6)(b) | £8,202 | £8,432 |
76(6)(c) | £6,984 | £7,180 |
76(6)(d) | £5,878 | £6,043 |
76(7) | £42,620 | £42,641 |
76(7)(a) | £4,296 | £4,416 |
76(7)(b) | £7,470 | £7,679 |
76(7)(c) | £6,070 | £6,240 |
76(7)(d) | £5,467 | £5,620 |
76(8) | £42,620 | £42,641 |
76(8)(i) | £4,675 | £4,806 |
76(8)(ii) | £8,202 | £8,432 |
76(8)(iii) | £6,984 | £7,180 |
76(8)(iv) | £5,878 | £6,043 |
76(9) | £42,620 | £42,641 |
76(9)(i) | £4,296 | £4,416 |
76(9)(ii) | £7,470 | £7,679 |
76(9)(iii) | £6,070 | £6,240 |
76(9)(iv) | £5,467 | £5,620 |
Regulation 77 | ||
77(2)(i) | £3,924 | £4,034 |
77(2)(ii) | £7,100 | £7,299 |
77(2)(iii) | £6,041 | £6,210 |
77(2)(iv) | £5,071 | £5,213 |
77(3)(i) | £3,546 | £3,645 |
77(3)(ii) | £6,464 | £6,645 |
77(3)(iii) | £5,252 | £5,399 |
77(3)(iv) | £4,692 | £4,823 |
Regulation 80 | ||
80(1)(b)(i) | £1,863 | £1,915 |
80(1)(b)(ii) | £3,487 | £3,585 |
80(1)(b)(iv) | £2,483 | £2,553 |
80(1)(c)(i) | £2,943 | £3,026 |
80(1)(c)(ii) | £5,325 | £5,474 |
80(1)(c)(iii) | £4,530 | £4,658 |
80(1)(c)(iv) | £3,803 | £3,910 |
80(1)(d)(i) | £2,953 | £3,036 |
80(1)(d)(ii) | £5,330 | £5,480 |
80(1)(d)(iii) | £4,535 | £4,662 |
80(1)(d)(iv) | £3,810 | £3,917 |
80(1)(e)(i) | £3,038 | £3,124 |
80(1)(e)(ii) | £5,331 | £5,481 |
80(1)(e)(iii) | £4,539 | £4,667 |
80(1)(e)(iv) | £3,820 | £3,930 |
80(1)(f)(i) | £3,039 | £3,124 |
80(1)(f)(ii) | £5,330 | £5,479 |
80(1)(f)(iii) | £4,540 | £4,667 |
80(1)(f)(iv) | £3,821 | £3,928 |
80(2)(b)(i) | £1,414 | £1,454 |
80(2)(b)(ii) | £2,669 | £2,743 |
80(2)(b)(iv) | £1,936 | £1,990 |
80(2)(c)(i) | £2,659 | £2,734 |
80(2)(c)(ii) | £4,848 | £4,984 |
80(2)(c)(iii) | £3,939 | £4,049 |
80(2)(c)(iv) | £3,519 | £3,617 |
80(2)(d)(i) | £2,679 | £2,755 |
80(2)(d)(ii) | £4,853 | £4,990 |
80(2)(d)(iii) | £3,943 | £4,054 |
80(2)(d)(iv) | £3,525 | £3,624 |
80(2)(e)(i) | £2,792 | £2,870 |
80(2)(e)(ii) | £4,855 | £4,991 |
80(2)(e)(iii) | £3,945 | £4,056 |
80(2)(e)(iv) | £3,553 | £3,653 |
Regulation 80A | ||
80A(2)(i) | £6,904 | £7,097 |
80A(2)(ii) | £10,702 | £11,002 |
80A(2)(iii) | £9,391 | £9,654 |
80A(2)(iv) | £8,200 | £8,430 |
80A(2)(i) | £8.59 | £8.36 |
80A(2)(ii) | £8.34 | £8.12 |
80A(2)(iii) | £8.41 | £8.18 |
80A(2)(iv) | £8.49 | £8.26 |
80A(3)(i) | £6,496 | £6,678 |
80A(3)(ii) | £9,914 | £10,192 |
80A(3)(iii) | £8,406 | £8,641 |
80A(3)(iv) | £7,756 | £7,973 |
80A(3)(i) | £8.59 | £8.36 |
80A(3)(ii) | £8.34 | £8.12 |
80A(3)(iii) | £8.41 | £8.18 |
80A(3)(iv) | £8.49 | £8.26 |
Regulation 80B | ||
80B(2)(i) | £8,144 | £8,372 |
80B(2)(ii) | £11,671 | £11,998 |
80B(2)(iii) | £10,453 | £10,746 |
80B(2)(iv) | £9,347 | £9,609 |
80B(2)(i) | £5.384 | £5.237 |
80B(2)(ii) | £5.743 | £5.59 |
80B(2)(iii) | £5.608 | £5.454 |
80B(2)(iv) | £5.496 | £5.346 |
80B(2)(i) | £8.59 | £8.36 |
80B(2)(ii) | £8.34 | £8.12 |
80B(2)(iii) | £8.41 | £8.18 |
80B(2)(iv) | £8.49 | £8.26 |
80B(3)(a) | £4,675 | £4,806 |
80B(3)(b) | £8,202 | £8,432 |
80B(3)(c) | £6,984 | £7,180 |
80B(3)(d) | £5,878 | £6,043 |
80B(4)(i) | £7,765 | £7,982 |
80B(4)(ii) | £10,938 | £11,244 |
80B(4)(iii) | £9,538 | £9,805 |
80B(4)(iv) | £8,935 | £9,185 |
80B(4)(i) | £5.335 | £5.193 |
80B(4)(ii) | £5.642 | £5.494 |
80B(4)(iii) | £5.486 | £5.337 |
80B(4)(iv) | £5.441 | £5.294 |
80B(4)(i) | £8.59 | £8.36 |
80B(4)(ii) | £8.34 | £8.12 |
80B(4)(iii) | £8.41 | £8.18 |
80B(4)(iv) | £8.49 | £8.26 |
80B(5)(a) | £4,296 | £4,416 |
80B(5)(b) | £7,469 | £7,678 |
80B(5)(c) | £6,069 | £6,239 |
80B(5)(d) | £5,466 | £5,619 |
Regulation 80C | ||
80C(2) | £3,469 | £3,566 |
80C(2) | £5.46 | £5.31 |
Regulation 81 | ||
81(5)(a) | £57 | £59 |
81(5)(b) | £113 | £116 |
81(5)(c) | £122 | £125 |
81(5)(d) | £88 | £90 |
Regulation 87 | ||
87(4)(a) | £57 | £59 |
87(4)(b) | £113 | £116 |
87(4)(c) | £122 | £125 |
87(4)(d) | £88 | £90 |
Regulation 105 | ||
105(1)(a) | £2,943 | £3,026 |
105(1)(b) | £5,325 | £5,474 |
105(1)(c) | £4,530 | £4,658 |
105(1)(d) | £3,803 | £3,910 |
105(2)(a) | £2,659 | £2,734 |
105(2)(b) | £4,848 | £4,984 |
105(2)(c) | £3,939 | £4,049 |
105(2)(d) | £3,519 | £3,617 |
105(3)(a) | £2,953 | £3,036 |
105(3)(b) | £5,330 | £5,480 |
105(3)(c) | £4,535 | £4,662 |
105(3)(d) | £3,810 | £3,917 |
105(4)(a) | £2,679 | £2,755 |
105(4)(b) | £4,853 | £4,990 |
105(4)(c) | £3,943 | £4,054 |
105(4)(d) | £3,525 | £3,624 |
105(5)(a) | £3,038 | £3,124 |
105(5)(b) | £5,331 | £5,481 |
105(5)(c) | £4,539 | £4,667 |
105(5)(d) | £3,820 | £3,930 |
105(6)(a) | £2,792 | £2,870 |
105(6)(b) | £4,855 | £4,991 |
105(6)(c) | £3,945 | £4,056 |
105(6)(d) | £3,553 | £3,653 |
105(6A)(a) | £3,039 | £3,124 |
105(6A)(b) | £5,330 | £5,479 |
105(6A)(c) | £4,540 | £4,667 |
105(6A)(d) | £3,821 | £3,928 |
105(6B)(a) | £2,792 | £2,870 |
105(6B)(b) | £4,855 | £4,991 |
105(6B)(c) | £3,945 | £4,055 |
105(6B)(d) | £3,553 | £3,652 |
105(6C)(a) | £3,039 | £3,124 |
105(6C)(b) | £5,330 | £5,479 |
105(6C)(c) | £4,540 | £4,667 |
105(6C)(d) | £3,821 | £3,928 |
105(6D)(a) | £2,792 | £2,870 |
105(6D)(b) | £4,855 | £4,991 |
105(6D)(c) | £3,945 | £4,055 |
105(6D)(d) | £3,553 | £3,652 |
Regulation 124 | ||
124(1)(a) | £1,285 | £1,321 |
124(1)(b) | £280 | £288 |
Regulation 125 | ||
125(1)(d) | £25,420 | £25,423 |
125(1)(e) | £25,420 | £25,423 |
125(1)(f) | £25,420 | £25,423 |
125(1)(g) | £8.84 | £8.55 |
125(2)(a) | £7.24 | £7.02 |
125(2)(b) | £1,285 | £1,321 |
125(2)(b) | £1,285 | £1,321 |
Regulation 127 | ||
127(5)(a) | £20,725 | £21,305 |
127(5)(b) | £5,212 | £5,358 |
127(5)(d) | £1,741 | £1,790 |
Regulation 141 | ||
141(1)(b) | £280 | £288 |
Regulation 142 | ||
142(2)(a) | £855 | £879 |
142(2)(b) | £1,025 | £1,054 |
142(2)(c) | £1,285 | £1,321 |
142(3)(d) | £25,420 | £25,423 |
142(3)(e) | £25,420 | £25,423 |
142(3)(f) | £25,420 | £25,423 |
142(3)(g) | £8.84 | £8.55 |
142(4)(a) | £11.36 | £11.01 |
142(4)(a) | £9.27 | £8.99 |
142(4)(a) | £7.24 | £7.02 |
Regulation 145 | ||
145(2)(a) | £6,750 | £6,935 |
Regulation 147 | ||
147(6)(a) | £15,543 | £15,978 |
147(6)(b) | £5,212 | £5,358 |
147(6)(d) | £1,305 | £1,342 |
Regulation 166 | ||
166(2) | £10,362 | £10,652 |
Schedule 4 | ||
9(1)(a) | £8.97 | £8.73 |
9A(2)(a)(i) | £8.59 | £8.36 |
9A(2)(a)(i) | £2,080 | £2,138 |
9A(2)(a)(ii) | £8.34 | £8.12 |
9A(2)(a)(ii) | £2,143 | £2,201 |
9A(2)(a)(iii) | £8.41 | £8.18 |
9A(2)(a)(iii) | £2,125 | £2,185 |
9A(2)(a)(iv) | £8.49 | £8.26 |
9A(2)(a)(iv) | £2,105 | £2,164 |
9A(3)(a)(i) | £8.59 | £8.36 |
9A(3)(a)(ii) | £8.34 | £8.12 |
9A(3)(a)(iii) | £8.41 | £8.18 |
9A(3)(a)(iv) | £8.49 | £8.26 |
These Regulations amend the Education (Student Support) Regulations 2011 (S.I. 2011/1986) (the “Student Support Regulations”); the Student Fees (Qualifying Courses and Persons) (England) Regulations 2007 (S.I. 2007/778); the Education (Fees and Awards) (England) Regulations 2007 (S.I. 2007/779); and the Education (Student Support) (European University Institute) Regulations 2010 (S.I. 2010/447).
Regulation 1(3)(b) provides that the determination of eligibility under the amended Student Support Regulations applies to an academic year beginning on or after 1st August 2017.
Regulation 1(4) excludes certain students from the changes made to the Erasmus definition. Regulation 1(5) makes specific provision about applicants to whom the amendments to residency requirements for EU students will not apply. These are applicants who apply for support under the Education (Student Support) (European University Institute) Regulations 2010 before the amendments made by these Regulations come into force or who apply after that date, having been determined before that date as being eligible for support. These are also students who would have met the previous three year ordinary residence requirement had they applied for support in relation to an academic year beginning before 1st August 2017.
Regulation 3 makes amendments to certain existing definitions and inserts some new definitions, to reflect changes to operation of the NHS Bursary Scheme and the Erasmus scheme in Scotland and the introduction of regulated institutions offering full-time courses starting on or after 1st September 2017 in Wales.
Regulation 5 amends regulation 5 of the Student Support Regulations to enable courses starting on or after 1st September 2017 that are offered by regulated institutions in Wales to be automatically designated.
Regulations 6, 7(a) and 13 provide an exemption from the usual restriction on funding for equivalent and lower qualifications, in circumstances where the student is studying a full-time pre-registration course in specified healthcare-related subjects.
Regulation 7(b) amends regulation 13 of the Student Support Regulations to clarify that a student in the armed forces or an armed forces family member may still qualify for a fee loan if they are undertaking a full-time distance learning course outside the UK. Regulations 10, 16, 17, 19, 20 and regulation 22 make similar amendments in respect of full-time and part-time disabled students’ allowance, part-time fee loans, fee grants and course grants for members of the armed forces and their family members undertaking distance learning courses.
Regulation 8 amends regulation 19 of the Student Support Regulations to enable students studying an Erasmus year in Scotland to access fee loans.
Regulation 9 amends regulation 23 of the Student Support Regulations to specify the differing amounts of full-time fee loan available depending on whether a provider is publicly funded, private, or in Wales regulated or non-regulated, and whether or not a private or non-regulated provider has received a rating of Meets Expectations as part of the Teaching Excellence Framework assessment.
Regulation 11 omits an obsolete provision in regulation 41 of the Student Support Regulations relating to students undertaking initial teacher training courses starting before 1 September 2010.
Regulation 12 amends regulation 45 of the Student Support Regulations to clarify that a student may not claim support for childcare under both the NHS Scheme and/or a Scottish healthcare allowance, and the Student Support Regulations.
Regulations 15(a) and (b)(i) omit obsolete provisions in regulation 80 of the Student Support Regulations relating to students undertaking initial teacher training courses starting before 1st September 2010.
Regulations 18(e) and (f) corrects an error made in earlier regulations.
Regulation 20 amends regulation 144 of the Student Support Regulations to provide an exemption from the usual restriction on funding for equivalent and lower qualifications, in circumstances where the student is studying a part-time pre-registration course in specified healthcare-related subjects or a part-time course in specified science, technology, engineering and maths subjects.
Regulation 21 amends regulation 145 of the Student Support Regulations to specify the part-time fee loan limit for private institutions in Scotland, Northern Ireland and Wales and for private institutions in England who have not received a rating of Meets Expectations as part of the Teaching Excellence Framework assessment.
Regulation 23 amends regulation 159 of the Student Support Regulations to provide that a student is not an eligible postgraduate student if they are eligible for a healthcare tuition payment.
Regulation 24 and regulations 28-31 replace the existing wording of several eligibility categories to address a minor grammatical error. Regulations 24(b), 29(b) and 31(b) clarify that students satisfying the long residence eligibility criteria must be ordinarily resident in the UK on the first day of the first academic year of the course, rather than in England.
Regulation 25 makes a technical amendment to the Student Support Regulations to replace references to the Office for National Statistics, which no longer publishes conversion tables from EU currencies into Pounds Sterling, with references to Her Majesty’s Revenue and Customs.
Regulation 26 introduces a schedule to the Student Support Regulations listing private and non-regulated institutions who have receiving a rating of Meets Expectations as part of a Teaching Excellence Framework assessment.
Regulation 27 introduces a schedule to the Student Support Regulations with updated loan and grant amounts.
Regulations 32-36 amend the Education (Student Support) (European University Institute) Regulations 2010 to make clear that an applicant who is an EU national (but not a UK national) will no longer qualify for grants by demonstrating three years’ ordinary residence in the UK immediately preceding the start of the course for which they seek support.
Regulation 37(a) then introduces a new eligibility category to the Education (Student Support) (European University Institute) Regulations 2010 by providing that an applicant who is an EU national (but not a UK national) will have to demonstrate five years’ residence in the UK immediately preceding the start of the course for which they seek support in order to be eligible.
Regulation 37(b) introduces a new eligibility category to the Education (Student Support) (European University Institute) Regulations 2010 for access to support for applicants who are not settled in the UK but have been residing in the UK for a long time. Such applicants who are under 18 years old must have lived in the UK for 7 years prior to the start of their course. If aged 18 or over, they must have lived in the UK for either half their life or the 20 year period prior to the start of their course. Such applicants will be able to access support under the Education (Student Support) (European University Institute) Regulations 2010 subject to meeting the other requirements of those Regulations.
An impact assessment has not been produced for this instrument as it has no impact on the costs of business, charities or the voluntary sector.
The Explanatory Memorandum is published alongside the Regulations on www.legislation.gov.uk.