The Education (Student Support) (Amendment) Regulations 2014

• Citation: S.I. 2014/2765
• Sections: 23

Section 1 Citation, commencement and application

(1) These Regulations may be cited as the Education (Student Support) (Amendment) Regulations 2014.

(2) Subject to paragraph (3), this regulation and regulations 2, 3, 4(a), (b)(i) and (c), 5, 8, 15(a), (b)(i) and (c), 18(b) and 20 come into force on 7th November 2014.

(3) Regulation (3)(a) does not apply in relation to a student who―

(a) began their current course before 7th November 2014; and

(b) has been awarded a grant under regulation 40, 127, 147 or 159 of the Education (Student Support) Regulations 2011 (“the 2011 Regulations ”) in relation to an academic year of a relevant course where that academic year began before 7th November 2014.

(4) Subject to paragraph (5), all other provisions of these Regulations―

(a) come into force on 7th November 2014; and

(b) apply in relation to the provision of support to students in relation to an academic year which begins on or after 1st September 2015 whether anything done under these Regulations is done before, on or after 1st September 2015.

(5) Regulations 9, 10, 14, 18(a), (c) and (d), 19, 21 and 22 do not apply in relation to a student who―

(a) began their current course before 1st August 2015; and

(b) has been awarded a grant under regulation 40, 127, 147 or 159 of the 2011 Regulations in relation to an academic year of a relevant course where that academic year began before 1st August 2015.

(6) For the purposes of this regulation—

(a) “current course” means the course in respect of which the student is applying for support under the 2011 Regulations;

(b) in relation to paragraph (3)(a), a current course which begins on or after 7th November 2014 is treated as beginning before that date where—

(i) the student transfers to the current course from a course which began before 7th November 2014 and their status has been transferred or converted under regulation 7, 131, 132, 151, 152 or 163 of the 2011 Regulations; or

(ii) disregarding any intervening vacation, the student begins the current course immediately after ceasing to undertake a higher education course within the meaning of regulation 2(1) of the 2011 Regulations which began before 7th November 2014;

(c) in relation to paragraph (5)(a), a current course which begins on or after 1st August 2015 is treated as beginning before that date where—

(i) the student transfers to the current course from a course which began before 1st August 2015 and their status has been transferred or converted under regulation 7, 131, 132, 151, 152 or 163 of the 2011 Regulations; or

(ii) disregarding any intervening vacation, the student begins the current course immediately after ceasing to undertake a higher education course within the meaning of regulation 2(1) of the 2011 Regulations which began before 1st August 2015;

(d) “relevant course” means—

(i) the current course;

(ii) where sub-paragraph (b)(i) or (c)(i) applies, the course from which student has transferred; or

(iii) where sub-paragraph (b)(ii) or (c)(ii) applies, the course which the student ceased to undertake immediately before undertaking the current course.

Section 2 Amendment of the 2011 Regulations

The 2011 Regulations are amended in accordance with regulations 3 to 23.

Section 3 Amendment of the 2011 Regulations

In regulation 2(1) (interpretation)—

(a) after the definition of “Directive 2004/38”, insert ““disability” has the meaning given in section 6 of the Equality Act 2010 ;”;

(b) in the definition of “ordinary duration”, omit—

(i) “, in relation to a designated course,”;

(ii) “designated” in the second place it occurs; and

(c) in the definition of “standard student”, omit “designated”.

Section 4 Amendment of the 2011 Regulations

In regulation 5 (designated courses)—

(a) for paragraph (1)(d) substitute—

(d) either—

(i) wholly provided by an authority-funded institution;

(ii) provided by a publicly funded institution situated in the United Kingdom on behalf of an authority-funded institution; or

(iii) provided by an authority-funded institution in conjunction with an institution which is situated outside the United Kingdom;

(da) substantially provided in the United Kingdom; and

(b) in paragraph (1)(e)—

(i) omit “6,”;

(ii) for the words starting with “, a course leading” to the end of paragraph (1)(e), substitute—

—

(i) a course which leads to an award granted or to be granted by a body falling within section 214(2)(a) or (b) of the Education Reform Act 1988 ; and

(ii) the teaching and supervision which comprise the course has been approved by that body.

(c) in paragraph (7), after sub-paragraph (a) insert—

(aa) a course is substantially provided in the United Kingdom where at least half of the teaching and supervision which comprise the course is provided in the United Kingdom;

Section 5 Amendment of the 2011 Regulations

In regulation 12 (previous course)—

(a) in paragraph (1)—

(i) in sub-paragraph (b)(i), omit “designated” where it appears before “distance learning”;

(ii) in sub-paragraph (b)(ii), for “designated” where it appears before “distance learning” substitute “full-time”;

(iii) in sub-paragraph (b)(iii), for paragraph (bb) substitute—

(bb) the student’s status as an eligible student has been transferred or converted under these Regulations to the current course from a course which began before 1st September 2009.

(b) in paragraph (2)(b)—

(i) for “award of any description” substitute “statutory award”;

(ii) omit the word “designated”; and

(c) in paragraph (3)(b)—

(i) for “award of any description” substitute “statutory award”;

(ii) for “designated” substitute “full-time”.

Section 6 Amendment of the 2011 Regulations

In regulation 13 (miscellaneous), after paragraph (3) insert—

(3A) Paragraph (1) does not apply to a current system student where the Secretary of State determines that the following conditions are satisfied—

(a) the student has provided all information required by the Secretary of State in relation to qualifications held by the student;

(b) that information is accurate; and

(c) the Secretary of State has provided written notification that the student qualifies for a fee loan under Chapter 3 of this Part in respect of an academic year of the current course.

Section 7 Amendment of the 2011 Regulations

In regulation 19 (availability of fee loans to current system students – general)—

(a) after paragraph (3) insert―

(3A) A current system student qualifies for a fee loan in respect of an academic year of the current course in accordance with paragraphs (3B) to (3D) where the Secretary of State determines that the conditions in regulation 13(3A) are satisfied.

(3B) If the Secretary of State makes the determination before the first day of the first academic year of the current course then the current system student qualifies for a fee loan in respect of the first academic year of the current course.

(3C) If the Secretary of State makes the determination on or after the first day of the first academic year of the current course then the current system student qualifies for a fee loan in respect of—

(a) the academic year of the current course during which the Secretary of State makes the determination; and

(b) an academic year of the current course which the student has completed prior to the Secretary of State making the determination.

(3D) Paragraphs (3B) and (3C) do not apply if the Secretary of State determines that owing to exceptional circumstances the student should qualify for a fee loan in respect of the number of academic years that make up the ordinary duration of the course.

(b) after paragraph (9) insert—

(9A) In addition to the standard entitlement, a current system student qualifies for a fee loan in respect of an academic year of a current course in accordance with paragraphs (9B) to (9D) where―

(a) the student falls within regulation 21 or 22; and

(b) the Secretary of State determines that―

(i) the student has provided all information required by the Secretary of State in relation to all courses which have been undertaken and qualifications which are held by the student;

(ii) that information is accurate; and

(iii) the Secretary of State has provided written notification that the student qualifies for a fee loan under this regulation in respect of an academic year of the current course.

(9B) If the Secretary of State makes the determination in paragraph (9A)(b) before the first day of the first academic year of the current course then the current system student qualifies for a fee loan in respect of the first academic year of the current course.

(9C) If the Secretary of State makes the determination in paragraph (9A)(b) on or after the first day of the first academic year of the current course then the current system student qualifies for a fee loan in respect of―

(a) the academic year of the current course during which the Secretary of State makes the determination; and

(b) an academic year of the current course which the student has completed prior to the Secretary of State making the determination.

(9D) Paragraphs (9B) and (9C) do not apply if the Secretary of State determines that owing to exceptional circumstances the student should qualify for a fee loan in respect of the number of academic years that make up the ordinary duration of the course.

Section 8 Amendment of the 2011 Regulations

In regulation 38(7) (general qualifying conditions for grants for living and other costs)—

(a) omit the word “or” where it appears after the semi-colon at the end of sub-paragraph (d);

(b) for the full-stop at the end of sub-paragraph (e)(iv) substitute “; or”; and

(c) after sub-paragraph (e) insert—

(f) unpaid service with either House of Parliament.

Section 9 Amendment of the 2011 Regulations

For regulation 40 (qualifying conditions for the disabled students’ allowance) substitute—

Qualifying conditions for the disabled students’ allowance

(40)

(1) Subject to paragraphs (2) to (4), a student qualifies for a grant under regulation 40A if the student—

(a) is an eligible student; and

(b) has a disability.

(2) A student does not qualify for a grant under regulation 40A in respect of a distance learning course starting on or after 1st September 2012 unless the Secretary of State considers that the student is undertaking the designated course in England on the first day of the first academic year.

(3) A student who would otherwise qualify for a grant under regulation 40A in respect of a distance learning course does not qualify for that grant in respect of that course if the Secretary of State considers that the student is undertaking the course outside of the United Kingdom.

(4) Where the state of which the student is a national accedes to the EU the student only qualifies for disabled students’ allowance if the student has been ordinarily resident in the United Kingdom and Islands throughout the three year period immediately preceding the first day of the first academic year of the course.

Payment of the disabled students’ allowance

(40A) The Secretary of State is authorised to pay the disabled students’ allowance to a student (“A”) who qualifies for that grant under regulation 40 for the purpose of assisting with the additional expenditure which A is obliged to incur in connection with A’s attendance on or undertaking of a designated course by reason of A’s disability.

Section 10 Amendment of the 2011 Regulations

In regulation 41 (amount of the disabled students’ allowance)—

(a) after paragraph (1) insert―

(1A) Subject to paragraph (2), the amount of the disabled students’ allowance in respect of additional expenditure on a computer must not exceed an amount equal to the additional expenditure incurred less £200.

(b) omit paragraphs (5), (6) and (9); and

(c) in paragraph (8), for “paragraph (9)” substitute “regulation 40(5)”.

Section 11 Amendment of the 2011 Regulations

In regulation 45(3) (childcare grant)—

(a) in the opening words of paragraph (3) omit “A or A’s partner”;

(b) in sub-paragraph (a), at the beginning insert “A or A’s partner” and at the end omit “or”;

(c) in sub-paragraph (b), at the beginning insert “A or A’s partner” and for the full stop substitute “; or”; and

(d) after sub-paragraph (b), insert—

(c) A’s partner has elected to receive financial support for childcare under a healthcare bursary.

Section 12 Amendment of the 2011 Regulations

In regulation 69 (qualifying conditions for the loan for living costs – current system students), after paragraph (2) insert—

(2A) The condition in paragraph (1)(a) or (b) does not apply where the Secretary of State determines that the following conditions are satisfied—

(a) the current system student has provided all information required by the Secretary of State in relation to qualifications held by the student;

(b) that information is accurate; and

(c) the Secretary of State has provided written notification that the student qualifies for a loan for living costs under Chapter 1 of Part 6 in respect of an academic year of the current course.

(2B) Where paragraph (2A) applies, a current system student qualifies for a loan for living costs in accordance with paragraphs (2C) to (2E).

(2C) If the Secretary of State makes the determination before the first day of the first academic year of the current course then the current system student qualifies for a loan for living costs in respect of the first academic year of the current course.

(2D) If the Secretary of State makes the determination on or after the first day of the first academic year of the current course then the current system student qualifies for a loan for living costs in respect of—

(a) the academic year of the current course during which the Secretary of State makes the determination; and

(b) an academic year of the current course which the student has completed prior to the Secretary of State making the determination.

(2E) Paragraphs (2C) and (2D) will not apply if the Secretary of State determines that owing to exceptional circumstances the current system student should qualify for a loan for living costs for the duration of the current course.

Section 13 Amendment of the 2011 Regulations

In regulation 124 (support for distance learning courses), after paragraph (6) insert—

(7) Paragraph (6) does not apply where the Secretary of State determines that the following conditions are satisfied—

(a) the student has provided all information required by the Secretary of State in relation to qualifications held by the student;

(b) that information is accurate; and

(c) the Secretary of State has provided written notification that the student qualifies for support under this regulation in respect an academic year of the current distance learning course.

(8) Where paragraph (7) applies, the student qualifies for support under this regulation in accordance with paragraphs (9) to (11).

(9) If the Secretary of State makes the determination before the first day of the first academic year of the current distance learning course then the student qualifies for support under this regulation in respect of the first academic year of the current distance learning course.

(10) If the Secretary of State makes the determination on or after the first day of the first academic year of the current distance learning course then the student qualifies for support under this regulation in respect of—

(a) the academic year of the current distance learning course during which the Secretary of State makes the determination; and

(b) an academic year of the current distance learning course which the student has completed prior to the Secretary of State making the determination.

(11) Paragraphs (9) and (10) do not apply if the Secretary of State determines that owing to exceptional circumstances the student should qualify for support under this regulation for the duration of the current distance learning course.

Section 14 Amendment of the 2011 Regulations

In regulation 127 (disabled distance learning students’ allowance)―

(a) for paragraph (1) substitute―

(1) A student qualifies for a grant under this regulation if the student—

(a) is an eligible distance learning student; and

(b) has a disability.

(b) after paragraph (3A) insert―

(3B) The Secretary of State is authorised to pay a grant under this regulation to a student (“A”) who qualifies for that grant for the purpose of assisting with the additional expenditure which A is obliged to incur by reason of A’s disability in respect of undertaking a designated distance learning course.

(c) after paragraph (4) insert―

(4A) Subject to paragraph (5), the amount of the grant under this regulation in respect of additional expenditure on a computer must not exceed an amount equal to the additional expenditure incurred less £200.

Section 15 Amendment of the 2011 Regulations

In regulation 139 (designated part-time courses)—

(a) for paragraph (1)(d) substitute—

(d) it is either—

(i) wholly provided by an authority-funded institution;

(ii) provided by a publicly funded institution situated in the United Kingdom on behalf of an authority-funded institution; or

(iii) provided by an authority-funded institution in conjunction with an institution which is situated outside the United Kingdom;

(da) it is substantially provided in the United Kingdom;

(b) in sub-paragraph (e)—

(i) omit “6, ”; and

(ii) for the words starting with “, it leads” to the end of that sub-paragraph substitute—

—

(i) it is a course which leads to an award granted or to be granted by a body falling within section 214(2)(a) or (b) of the Education Reform Act 1988 ; and

(ii) the teaching and supervision which comprise the course has been approved by that body.

(c) in paragraph (6), after sub-paragraph (a) insert—

(aa) a course is substantially provided in the United Kingdom where at least half of the teaching and supervision which comprise the course is provided in the United Kingdom;

Section 16 Amendment of the 2011 Regulations

In regulation 141 (assistance for part-time courses in respect of courses beginning before 1st September 2012), after paragraph (7) insert—

(8) Paragraph (6) does not apply where the Secretary of State determines that the following conditions are satisfied—

(a) the student has provided all information required by the Secretary of State in relation to qualifications held by the student;

(b) that information is accurate; and

(c) the Secretary of State has provided written notification that the student qualifies for support under this regulation in respect of an academic year of the current part-time course.

(9) Where paragraph (8) applies, the student qualifies for support under this regulation in accordance with paragraphs (10) to (12) provided that the student would otherwise qualify for support under this regulation in respect of that academic year.

(10) If the Secretary of State makes the determination before the first day of the first academic year of the current part-time course then the student qualifies for support under this regulation in respect of the first academic year of the current part-time course.

(11) If the Secretary of State makes the determination on or after the first day of the first academic year of the current part-time course then the student qualifies for support under this regulation in respect of—

(a) the academic year of the current part-time course during which the Secretary of State makes the determination; and

(b) an academic year of the current part-time course which the student has completed prior to the Secretary of State making the determination.

(12) Paragraphs (10) and (11) do not apply if the Secretary of State determines that owing to exceptional circumstances the student should qualify for support under this regulation for the duration of the current part-time course.

Section 17 Amendment of the 2011 Regulations

In regulation 144 (fee support for designated part-time courses beginning on or after 1st September 2012)—

(a) in paragraph (4) for the words “paragraph (6)” substitute “paragraphs (6) to (12)”; and

(b) after paragraph (6) insert—

(7) Paragraph (4) does not apply if—

(a) the current part-time course—

(i) is a course in engineering, technology or computer science (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 2015.

(8) Paragraph (4) does not apply where the Secretary of State determines that the following conditions are satisfied—

(a) the student has provided all information required by the Secretary of State in relation to qualifications held by the student;

(b) that information is accurate; and

(c) the Secretary of State has provided written notification that the student qualifies for support under this regulation in respect of the current part-time course.

(9) Where paragraph (8) applies, the student qualifies for support under this regulation in accordance with paragraphs (10) to (12).

(10) If the Secretary of State makes the determination before the first day of the first academic year of the current part-time course then the student qualifies for support under this regulation in respect of the first academic year of the current part-time course.

(11) If the Secretary of State makes the determination on or after the first day of the first academic year of the current part-time course then the student qualifies for support under this regulation in respect of—

(a) the academic year of the current part-time course during which the Secretary of State makes the determination; and

(b) an academic year of the current part-time course which the student has completed prior to the Secretary of State making the determination.

(12) Paragraphs (10) and (11) do not apply if the Secretary of State determines that owing to exceptional circumstances the student should qualify for support under this regulation for the duration of the current part-time course.

Section 18 Amendment of the 2011 Regulations

In regulation 147 (disabled part-time students’ allowance)―

(a) for paragraph (1) substitute―

(1) A student qualifies for a grant under this regulation if the student—

(a) is an eligible part-time student; and

(b) has a disability.

(b) in paragraph (2)(c), for “paragraph (4)” substitute “paragraph (3)”;

(c) after paragraph (4) insert―

(4A) The Secretary of State is authorised to pay a grant under this regulation to an eligible part-time student (“A”) who qualifies for that grant for the purpose of assisting with the additional expenditure which A is obliged to incur by reason of A’s disability in respect of undertaking a designated part-time course.

(d) after paragraph (5) insert―

(5A) Subject to paragraph (6), the amount of the grant under this regulation in respect of additional expenditure on a computer must not exceed an amount equal to the additional expenditure incurred less £200.

Section 19 Amendment of the 2011 Regulations

In regulation 159 (eligible postgraduate students)―

(a) omit paragraph (1); and

(b) for paragraph (3)(b) substitute―

(b) the person has a disability.

Section 20 Amendment of the 2011 Regulations

In regulation 161 (designated postgraduate courses)―

(a) in paragraph (1), for sub-paragraph (c) substitute―

(c) it is either—

(i) wholly provided by an authority-funded institution;

(ii) provided by a publicly funded institution situated in the United Kingdom on behalf of an authority-funded institution; or

(iii) provided by an authority-funded institution in conjunction with an institution which is situated outside the United Kingdom;

(ca) it is substantially provided in the United Kingdom; and

(b) in paragraph (2), after sub-paragraph (a) insert―

(aa) a course is substantially provided in the United Kingdom where at least half of the teaching and supervision which comprise the course is provided in the United Kingdom;

Section 21 Amendment of the 2011 Regulations

After regulation 165 (information) insert―

Authority to pay grant

(165A) The Secretary of State is authorised to pay a grant to an eligible postgraduate student (“A”) for the purpose of assisting with the additional expenditure which A is obliged to incur in connection with A’s attendance on or undertaking of a designated postgraduate course by reason of A’s disability.

Section 22 Amendment of the 2011 Regulations

In regulation 166 (amount of grant), after paragraph (1) insert―

(1A) Subject to paragraph (2), the amount of the grant under this Part for additional expenditure on a computer is an amount equal to the expenditure the student is obliged to incur less £200.

Section 23 Amendment of the 2011 Regulations

The Schedule 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 regulation of the 2011 Regulations set out in the first column.