The Education (Student Support) (Amendment) (No. 3) Regulations 2008

• Citation: S.I. 2008/2939
• Sections: 49

Section 1 Citation, commencement, application and interpretation

(1) These Regulations may be cited as the Education (Student Support) (Amendment) (No. 3) Regulations 2008.

(2) These Regulations come into force on the 22nd day after they are laid before Parliament.

(3) These Regulations apply in relation to England .

(4) In these Regulations, “the 2008 Regulations ” means the Education (Student Support) Regulations 2008 and “the 2008 (No. 2) Regulations ” means the Education (Student Support) (No. 2) Regulations 2008 .

Section 2 Amendment of the 2008 Regulations

The 2008 Regulations are amended in accordance with Schedule 1.

Section 3 Amendment of the 2008 (No. 2) Regulations

The 2008 (No. 2) Regulations are amended in accordance with Schedule 2.

Section 1 Amendment of regulation 2

In regulation 2(1) in the definition of “2008 cohort student” in sub-paragraph (a), for “attended” substitute “undertaken”.

Section 1 Amendment of regulation 2

In regulation 2(1) for the definition of “2008 cohort student” substitute—

“2008 cohort student” means a current system student who begins the current course on or after 1st September 2008 and before 1st September 2009 and to whom one of the following sub-paragraphs applies—

the student has not previously undertaken any course designated for the purposes of section 22 of the 1998 Act which began before 1st September 2008;

the student is a type 1 or a type 2 teacher training student; or

the course leads to qualification as a social worker, medical doctor, dentist, veterinary surgeon, architect, landscape architect, landscape designer, landscape manager, town planner or town and country planner;

Section 2 Amendment of regulation 2

In regulation 2(1) after the definition of “2008 cohort student” insert—

“2009 cohort student” means a current system student who begins the current course on or after 1st September 2009 and to whom one of the following sub-paragraphs applies—

the student has not previously undertaken any course which began before 1st September 2008 and which is a previous course;

the student is a type 1 or a type 2 teacher training student; or

the course leads to qualification as a social worker, medical doctor, dentist, veterinary surgeon or architect;

Section 3 Amendment of regulation 2

In regulation 2(1) in the definition of “end-on course” in sub-paragraph (d), after “a student begins” insert “immediately”.

Section 4 Amendment to regulation 10

In regulation 10 for “within a period of nine months beginning with the first day” substitute “no later than the end of the ninth month”.

Section 5 Amendment to regulation 13

In regulation 13 after paragraph (1)(b), insert—

(c) where the current course begins on or after 1st September 2009, a full-time higher education course, part-time course for the initial training of teachers or a course designated under regulation 6(9), which the student attended or, in the case of a compressed degree course or a designated distance learning course, undertook before the current course where—

(i) the course meets one or both of the conditions in paragraph (2); and

(ii) the student’s status as an eligible student has been transferred to the current course pursuant to regulation 8 from a designated course which began before 1st September 2009.

Section 6 Amendment to regulation 14

In regulation 14 after paragraph (2), insert—

(2A) Where paragraph (2B) applies, an eligible student is not prevented from qualifying for fee support under this Part because the current course leads to an equivalent or lower qualification, where the student begins the current course on or after 1st September 2009.

(2B) This paragraph applies where the student’s status as an eligible student has been transferred to the current course pursuant to regulation 8 from a designated course which began before 1st September 2009.

Section 7 Amendment to regulation 20

In regulation 20(1)(a) after “regulation 14(1), (2)” insert “, (2A), (2B)”.

Section 8 Amendment to regulation 57

After regulation 57 insert—

Amount of the maintenance grant – 2009 cohort students

(57A)

(1) The maximum amount of maintenance grant available to a 2009 cohort student in respect of an academic year is —

(a) in the case of a type 1 or type 3 teacher training student, £1,453;

(b) in the case of a type 2 teacher training student, £2,906; and

(c) in the case of a 2009 cohort student other than a type 1, type 2 or type 3 teacher training student, £2,906.

(2) A type 1 teacher training student who is a 2009 cohort student who qualifies for a maintenance grant in respect of an academic year receives an amount as follows in respect of that year—

(a) where the household income is £25,000 or less, the student receives £1,453;

(b) where the household income exceeds £25,000 but does not exceed £34,000, the student receives an amount equal to M − ( A 2 ) where—

M is £1,453

A is £1 for every complete £5.00 by which the household income exceeds £25,000; and

(c) where the household income exceeds £34,000 or the student opts when applying for the grant not to provide the information needed to calculate the household income, the student receives £553.

(3) A type 2 teacher training student who is a 2009 cohort student who qualifies for a maintenance grant in respect of an academic year receives an amount as follows in respect of that year —

(a) where the household income is £25,000 or less, the student receives £2,906;

(b) where the household income exceeds £25,000 but does not exceed £34,000, the student receives an amount equal to M − A where—

M is £2,906

A is £1 for every complete £5.00 by which the household income exceeds £25,000; and

(c) where the household income exceeds £34,000 or the student opts when applying for the grant not to provide the information needed to calculate the household income, the student receives £1,106.

(4) A type 3 teacher training student who is a 2009 cohort student who qualifies for a maintenance grant in respect of an academic year receives, subject to sub-paragraph (c), an amount as follows in respect of that year—

(a) where the household income is £25,000 or less, the student receives £1,453;

(b) where the household income exceeds £25,000 but does not exceed £50,020, the student receives an amount equal to M − ( A ​ + ​ B 2 ) where—

M is £1,453

A is £1 for every complete £5.00 by which the household income exceeds £25,000 but does not exceed £34,000

B is £1 for every complete £15.17 by which the household income exceeds £34,000 but does not exceed £50,020; and

(c) where the household income exceeds £50,020, no maintenance grant is payable.

(5) A 2009 cohort student other than a type 1, type 2 or type 3 teacher training student who qualifies for a maintenance grant in respect of an academic year receives, subject to sub-paragraph (c), an amount as follows in respect of that year—

(a) where the household income is £25,000 or less, the student receives £2,906;

(b) where the household income exceeds £25,000 but does not exceed £50,020, the student receives an amount equal to M − ( A + B ) where—

M is £2,906

A is £1 for every complete £5.00 by which the household income exceeds £25,000 but does not exceed £34,000

B is £1 for every complete £15.17 by which the household income exceeds £34,000 but does not exceed £50,020; and

(c) where the household income exceeds £50,020, no maintenance grant is payable.

Section 9 Amendment to regulation 58

In the heading of regulation 58 after “ 2008 ” insert “ or 2009 ”.

Section 10 Amendment to regulation 58

In regulation 58 after each occurrence of “2008” insert “or 2009”.

Section 11 Amendment of regulation 60

After regulation 60 insert—

Amount of the special support grant – 2009 cohort students

(60A)

(1) The maximum amount of special support grant available to a 2009 cohort student in respect of an academic year is —

(a) in the case of a type 1 or type 3 teacher training student, £1,453;

(b) in the case of a type 2 teacher training student, £2,906; and

(c) in the case of a 2009 cohort student other than a type 1, type 2 or type 3 teacher training student, £2,906.

(2) A type 1 teacher training student who is a 2009 cohort student who qualifies for a special support grant in respect of an academic year receives an amount as follows in respect of that year—

(a) where the household income is £25,000 or less, the student receives £1,453;

(b) where the household income exceeds £25,000 but does not exceed £34,000, the student receives an amount equal to M − ( A 2 ) where—

M is £1,453

A is £1 for every complete £5.00 by which the household income exceeds £25,000; and

(c) where the household income exceeds £34,000 or the student opts when applying for the grant not to provide the information needed to calculate the household income, the student receives £553.

(3) A type 2 teacher training student who is a 2009 cohort student who qualifies for a special support grant in respect of an academic year receives an amount as follows in respect of that year—

(a) where the household income is £25,000 or less, the student receives £2,906;

(b) where the household income exceeds £25,000 but does not exceed £34,000, the student receives an amount equal to M − A where—

M is £2,906

A is £1 for every complete £5.00 by which the household income exceeds £25,000; and

(c) where the household income exceeds £34,000 or the student opts when applying for the grant not to provide the information needed to calculate the household income, the student receives £1,106.

(4) A type 3 teacher training student who is a 2009 cohort student who qualifies for a special support grant in respect of an academic year receives, subject to sub-paragraph (c), an amount as follows in respect of that year—

(a) where the household income is £25,000 or less, the student receives £1,453;

(b) where the household income exceeds £25,000 but does not exceed £50,020, the student receives an amount equal to M − ( A ​ + ​ B 2 ) where—

M is £1,453

A is £1 for every complete £5.00 by which the household income exceeds £25,000 but does not exceed £34,000

B is £1 for every complete £15.17 by which the household income exceeds £34,000 but does not exceed £50,020; and

(c) where the household income exceeds £50,020, no special support grant is payable.

(5) A 2009 cohort student other than a type 1, type 2 or type 3 teacher training student who qualifies for a special support grant in respect of an academic year receives, subject to sub-paragraph (c), an amount as follows in respect of that year—

(a) where the household income is £25,000 or less, the student receives £2,906;

(b) where the household income exceeds £25,000 but does not exceed £50,020, the student receives an amount equal to M − ( A + B ) where—

M is £2,906

A is £1 for every complete £5.00 by which the household income exceeds £25,000 but does not exceed £34,000

B is £1 for every complete £15.17 by which the household income exceeds £34,000 but does not exceed £50,020; and

(c) where the household income exceeds £50,020, no special support grant is payable.

Section 12 Amendment of regulation 61

In the heading of regulation 61 after “2008” insert “or 2009 ”.

Section 13 Amendment of regulation 61

In regulation 61 after each occurrence of “2008” insert “or 2009”.

Section 14 Amendment to regulation 65

In regulation 65(1)(a) after “qualification” insert—

unless the student’s status as an eligible student has been transferred to the current course pursuant to regulation 8 from a designated course which began before 1st September 2009 and the student does not have an honours degree from an institution in the United Kingdom

Section 15 Amendment of regulation 67

In regulation 67(1) after sub-paragraph (a) insert—

(aa) where the eligible student is a 2009 cohort student with full entitlement, in accordance with regulation 68B or 68C;

Section 16 Amendment of regulation 67

In regulation 67(1)(b) after “2008” insert “or 2009”.

Section 17 Amendment to regulation 68

In regulation 68(9)(i) for “or” substitute “for”.

Section 18 Amendment to regulation 68A

In regulation 68A(2)(ii) for “or” substitute “for”.

Section 19 Amendment to regulation 68A

After regulation 68A insert—

2009 cohort students with full entitlement except type 1 and type 2 teacher training students

(68B)

(1) This regulation applies to a 2009 cohort student with full entitlement except a type 1 or a type 2 teacher training student.

(2) Subject to Chapter 4 of this Part, where the student’s household income exceeds £50,778, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year other than the final year of a course that is not an intensive course is equal to X–Y where—

X is—

for a student in category A, £3,838;

for a student in category B, £6,928;

for a student in category C, £5,895;

for a student in category D, £4,950;

Subject to paragraph (4), Y is £1 for every complete £5.00 by which the household income exceeds £50,778.

(3) Subject to Chapter 4 of this Part, where the student’s household income exceeds £50,778, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year that is the final year of a course that is not an intensive course is equal to X–Y where—

X is—

for a student in category A, £3,483;

for a student in category B, £6,307;

for a student in category C, £5,125;

for a student in category D, £4,583;

Subject to paragraph (4), Y is £1 for every complete £5.00 by which the household income exceeds £50,778.

(4) Where the same household income is used to assess the amount of a statutory award for which two or more persons qualify, Y in paragraphs (2) and (3) must be divided by the number of such persons before being deducted from X.

(5) Where the maximum amount of loan for living costs is calculated in accordance with paragraph (2) or (3) and is less than the minimum level for the academic year specified in regulation 101, the minimum level for the academic year is payable.

(6) Subject to Chapter 4 of this Part, where the student’s household income exceeds £50,020 but does not exceed £50,778, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year other than the final year of a course that is not an intensive course is equal to X where—

X is—

for a student in category A, £3,838;

for a student in category B, £6,928;

for a student in category C, £5,895;

for a student in category D, £4,950.

(7) Subject to Chapter 4 of this Part, where the student’s household income exceeds £50,020 but does not exceed £50,778, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year that is the final year of a course that is not an intensive course is equal to X where—

X is—

for a student in category A, £3,483;

for a student in category B, £6,307;

for a student in category C, £5,125;

for a student in category D, £4,583.

(8) Subject to Chapter 4 of this Part, where the student’s household income is £50,020 or less, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year other than the final year of a course that is not an intensive course is equal to X–Y where—

X is—

for a student in category A, £3,838;

for a student in category B, £6,928;

for a student in category C, £5,895;

for a student in category D, £4,950;

Y is the maintenance grant amount.

(9) Subject to Chapter 4 of this Part, where the student’s household income is £50,020 or less, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year that is the final year of a course that is not an intensive course is equal to X–Y where—

X is—

for a student in category A, £3,483;

for a student in category B, £6,307;

for a student in category C, £5,125;

for a student in category D, £4,583;

Y is the maintenance grant amount.

(10) In this regulation, the “maintenance grant amount” is—

(a) where the student is not a type 3 teacher training student and qualifies under Chapter 6 of Part 5 for a maintenance grant, half the amount of the maintenance grant payable;

(b) where the student is a type 3 teacher training student and qualifies under Chapter 6 of Part 5 for a maintenance grant, the amount of maintenance grant payable; and

(c) where no maintenance grant is payable, nil.

Type 1 and type 2 teacher training students who are 2009 cohort students

(68C)

(1) This regulation applies to a 2009 cohort student who is a type 1 or a type 2 teacher training student with full entitlement.

(2) Subject to Chapter 4 of this Part, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year other than the final year of a course that is not an intensive course is equal to X–(Y+Z) where—

X is—

for a student in category A, £3,838;

for a student in category B, £6,928;

for a student in category C, £5,895;

for a student in category D, £4,950;

Y is the maintenance grant amount;

Subject to paragraph (4), for a type 1 teacher training student Z is £1 for every complete £5.00 by which the household income exceeds £50,778.

For a type 2 teacher training student Z is—

£1 for every complete £30.33 by which the household income exceeds £34,000 but does not exceed £50,778, for a student who qualifies for a maintenance grant under Chapter 6 of Part 5; and

subject to paragraph (4), £1 for every complete £5.00 by which the household income exceeds £50,778.

(3) Subject to Chapter 4 of this Part, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year that is the final year of a course that is not an intensive course is equal to X–(Y+Z) where—

X is—

for a student in category A, £3,483;

for a student in category B, £6,307;

for a student in category C, £5,125;

for a student in category D, £4,583;

Y is the maintenance grant amount;

Subject to paragraph (4), for a type 1 teacher training student Z is £1 for every complete £5.00 by which the household income exceeds £50,778.

For a type 2 teacher training student Z is—

£1 for every complete £30.33 by which the household income exceeds £34,000 but does not exceed £50,778, for a student who qualifies for a maintenance grant under Chapter 6 of Part 5; and

subject to paragraph (4), £1 for every complete £5.00 by which the household income exceeds £50,778.

(4) Where the same household income is used to assess the amount of a statutory award for which two or more persons qualify, Z in paragraphs (2) and (3) must be divided by the number of such persons before being deducted from X.

(5) Where the sum of the maximum loan for living costs calculated in accordance with paragraph (2) or (3) and B is less than the minimum level for the academic year specified in regulation 101, the loan for living costs payable in respect of an academic year to which this regulation applies is calculated as A–B where—

A is the minimum level for the academic year specified in regulation 101

B is—

for a type 1 teacher training student who qualifies under Chapter 6 of Part 5 for a maintenance grant, £553;

for a type 2 teacher training student who qualifies under Chapter 6 of Part 5 for a maintenance grant, £1,106; or

where no maintenance grant is payable, nil.

(6) In this regulation, “the maintenance grant amount” is—

(a) where the student is a type 1 teacher training student and qualifies under Chapter 6 of Part 5 for—

(i) an amount of maintenance grant of £553, £553;

(ii) an amount of maintenance grant exceeding £553, the amount of maintenance grant payable;

(b) where the student is a type 2 teacher training student and qualifies under Chapter 6 of Part 5 for —

(i) an amount of maintenance grant of £1,106, £553;

(ii) an amount of maintenance grant exceeding £1,106, half the amount of maintenance grant payable; and

(c) where no maintenance grant is payable, nil.

Section 20 Amendment of regulation 69

In the heading of regulation 69 after “ 2008 ” insert “ or 2009” .

Section 21 Amendment of regulation 69

In regulation 69(1) after “2008” insert “or 2009”.

Section 22 Amendment of regulation 70

In the heading of regulation 70 after “ 2008 ” insert “ or 2009 ”.

Section 23 Amendment of regulation 70

In regulation 70(1) after “2008” insert “or 2009”.

Section 24 Amendment of regulation 72

In regulation 72(1)(c) after “where the student” insert “, other than a 2009 cohort student,”.

Section 25 Amendment of regulation 72

After regulation 72(1)(c) insert—

(d) where a 2009 cohort student applies for a loan for living costs and opts not to provide the information needed to calculate the household income an amount equal to X − Y where—

X is—

for a student in category A, £2,763;

for a student in category B, £4,988;

for a student in category C, £4,244;

for a student in category D, £3,564;

Y is the amount specified in paragraph (4).

Section 26 Amendment of regulation 72

In regulation 72(2)(c) after “where the student” insert “, other than a 2009 cohort student,”.

Section 27 Amendment of regulation 72

After regulation 72(2)(c) insert—

(d) where a 2009 cohort student applies for a loan for living costs and opts not to provide the information needed to calculate the household income an amount equal to X − Y where—

X is—

for a student in category A, £2,508;

for a student in category B, £4,541;

for a student in category C, £3,690;

for a student in category D, £3,300;

Y is the amount specified in paragraph (4).

Section 28 Amendment of regulation 72

In regulation 72(3) after “specified amount” insert “for a student other than a 2009 cohort student”.

Section 29 Amendment of regulation 72

After regulation 72(3) insert—

(4) The specified amount is—

(i) £553 where the student is a type 1 teacher training student who opts not to provide the information needed to calculate the household income when applying for a maintenance grant and who qualifies for a maintenance grant of £553;

(ii) £1,106 where the student is a type 2 teacher training student who opts not to provide the information needed to calculate the household income when applying for a maintenance grant and who qualifies for a maintenance grant of £1,106;

(iii) nil where the student is not a type 1 or type 2 teacher training student.

Section 30 Amendment of regulation 73

In regulation 73 after each occurrence of “2008” insert “or 2009”.

Section 31 Amendment of regulation 79

In regulation 79(1) after “2008” insert “or 2009”.

Section 32 Amendment of regulation 80

In regulation 80 after each occurrence of “2008” insert “or 2009”.

Section 33 Amendment of regulation 96

In the heading of regulation 96 after “ 2008 ” insert “ and 2009 ”.

Section 34 Amendment of regulation 96

In regulation 96 after “2008” insert “or 2009”.

Section 35 Amendment of regulation 97

In the heading of regulation 97 after “2008 ” insert “ or 2009 ”.

Section 36 Amendment of regulation 97

In regulation 97 after “2008” insert “or 2009”.

Section 37 Amendment of regulation 99

In the heading of regulation 99 after “ 2008 ” insert “ and 2009 ”.

Section 38 Amendment of regulation 101

In regulation 101(1) after “paragraphs (2) and (3),” insert “for a student other than a 2009 cohort student”.

Section 39 Amendment of regulation 101

In regulation 101(2) after “paragraph (3),” insert “for a student other than a 2009 cohort student”.

Section 40 Amendment of regulation 101

After regulation 101(2) insert—

(2A) Subject to paragraphs (2B) and (3), for a 2009 cohort student the “minimum level for the academic year” in regulation 68B(5) and 68C(5) is—

(a) £2,763, in the case of a student in category A;

(b) £4,988, in the case of a student in category B;

(c) £4,244, in the case of a student in category C;

(d) £3,564, in the case of a student in category D.

(2B) Subject to paragraph (3), 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” is—

(a) £2,508, in the case of a student in category A;

(b) £4,541, in the case of a student in category B;

(c) £3,690, in the case of a student in category C;

(d) £3,300, in the case of a student in category D.

Section 41 Amendment of regulation 101

In regulation 101(3) after “paragraphs (1)” omit “and (2)” and insert “, (2), (2A) and (2B)”.

Section 42 Amendment of regulation 101

In regulation 101(4) after “paragraph (1)” omit “or (2)” and insert “, (2), (2A) or (2B)”.

Section 43 Amendment of regulation 102

In regulation 102(2) after “2008” insert “or 2009”.

Section 44 Amendment of regulation 132

In regulation 132(12) for “2009” substitute “2007”.

Section 45 Amendment of Schedule 4

In paragraph 5(3) of Schedule 4 for “95 per cent.” substitute “85 per cent.”.