The Children Act 1989 (Higher Education Bursary)(England) Regulations 2009

• Citation: S.I. 2009/2274
• Sections: 4

Section 1 Citation commencement and application

(1) These Regulations may be cited as the Children Act 1989 (Higher Education Bursary) (England) Regulations 2009 and come into force on the day after the day on which they are made.

(2) These Regulations apply in relation to the payment of the relevant amount for the purposes of section 23C(5A) of the Children Act 1989 (“ the Act ”) by a local authority in England to a former relevant child who is pursuing a course of higher education started on or after 1st September 2008.

Section 2 Relevant amount

For the purposes of section 23C(5A) of the Act, the relevant amount is £2,000 (“the higher education bursary”).

Section 3 Meaning of higher education

For the purposes of section 23C(5A) of the Act, higher education means a course of higher education that is of at least two academic years’ duration and is designated by or under regulations made under section 22(1) of the Teaching and Higher Education Act 1998 on the date on which the former relevant child starts the course.

Section 4 Provision as to payment of the relevant amount

(1) The local authority may pay the higher education bursary to a former relevant child as a lump sum or by instalments.

(2) In the case of a former relevant child who started higher education on or after 1st September 2008 but before 1st September 2009—

(a) if the higher education bursary is to be paid as a lump sum, it must be paid by 31st December 2009; or

(b) if the higher education bursary is to be paid by instalments, the first instalment must be paid by 31st December 2009 and the final instalment must be paid before the end of the final year of the course or not more than four weeks after the start of the fourth year of the course, whichever is the earlier.

(3) In the case of a former relevant child who starts higher education on or after 1st September 2009—

(a) if the higher education bursary is to be paid as a lump sum, it must be paid by 31st December 2009 or not more than four weeks after the start of the first year of the course, whichever is the later; or

(b) if the higher education bursary is to be paid by instalments—

(i) the first instalment must be paid by 31st December 2009 or not more than four weeks after the start of the first year of the course, whichever is the later; and

(ii) the final instalment must be paid before the end of the final year of the course or not more than four weeks after the start of the fourth year of the course, whichever is the earlier.

(4) Before making any decision about payment of the higher education bursary the local authority must, as far as reasonably practicable, ascertain and give due consideration to the wishes and feelings of the former relevant child.

(5) The local authority may withhold payment of any unpaid balance of the higher education bursary during any period when the former relevant child is not pursuing higher education in accordance with the pathway plan for that person.

(6) The local authority may recover the whole of the higher education bursary or any part of it from a person to whom payment has been made if there has been a mistake as to the eligibility of that person for the payment.