The Education (Student Support) (Amendment) Regulations 2015

• Citation: S.I. 2015/1951
• Sections: 57

Section 1 Citation, commencement and application

(1) These Regulations may be cited as the Education (Student Support) (Amendment) Regulations 2015.

(2) This regulation and regulations 5, 7, 9, 11, 17, 18, 46, 47, 48, 49, 50, 52, 53, 54, 55 and 56(a) come into force on 23rd December 2015.

(3) All other provisions of these Regulations—

(a) come into force on 23rd December 2015; 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 2016 whether anything done under these Regulations is done before, on or after 1st August 2016.

Section 2 Amendment of the Education (Student Support) Regulations 2011

The Education (Student Support) Regulations 2011 are amended in accordance with regulations 3 to 57.

Section 3 Amendment of the Education (Student Support) Regulations 2011

Omit regulations 73, 75, 78, 91 to 98, 106, 115 and 118.

Section 4 Amendment of the Education (Student Support) Regulations 2011

In regulation 2 (Interpretation)—

(a) in paragraph (1)—

(i) in the definition of “2008 cohort student”—

(aa) in sub-paragraph (i), insert “or” after “2008;”;

(bb) omit sub-paragraph (ii);

(ii) in the definition of “2009 cohort student”—

(aa) in sub-paragraph (i), insert “or” after “previous course;”;

(bb) omit sub-paragraph (ii);

(iii) for the definition of “2012 cohort student”, substitute—

“2012 cohort student” means a current system student who—

begins the current course on or after 1st September 2012 and before 1st August 2016 and is not a 2008, 2009 or 2016 cohort student;

transfers to the current course pursuant to regulation 7 on or after 1st August 2016 from a course that—

is not a distance learning course; and

begins on or after 1st September 2012 and before 1st August 2016; or

begins an end-on course on or after 1st August 2016 immediately after ceasing to attend a course that begins on or after 1st September 2012 and before 1st August 2016;

(iv) after the definition of “2012 cohort student”, insert—

“2016 cohort student” means a current system student who—

begins the current course on or after 1st August 2016;

is not a 2008, 2009 or 2012 cohort student;

has not transferred to the current course pursuant to regulation 7 from a course that—

is not a distance learning course; and

began before 1st August 2016; and

is not beginning an end-on course on or after 1st August 2016;

(v) omit the definition of “college fee loan”;

(vi) in the definition of “end-on course”—

(aa) in sub-paragraph (e), after “beginning on or after 1st September 2012” insert “, but before 1st August 2016”;

(bb) after sub-paragraph (g), insert—

(h) a full-time honours degree course beginning on or after 1st August 2016 which, disregarding any intervening vacation, a student begins to attend immediately after ceasing to attend a full-time course mentioned in paragraph 2, 3 or 4 of Schedule 2 that is not a distance learning course or a full-time foundation or ordinary degree course that is not a distance learning course, which started before 1st August 2016, having achieved a qualification;

(vii) in the definition of “fees”, omit “except in references to college fees”;

(viii) omit the definition of “flexible postgraduate course for the initial training of teachers”;

(ix) omit the definition of “old flexible postgraduate course for the initial training of teachers”;

(x) in the definition of “Scottish healthcare allowance”, after “means any allowance” insert “(including a young students’ bursary or an independent students’ bursary)”;

(xi) omit the definitions of “type 1 teacher training student”, “type 2 teacher training student” and “type 3 teacher training student”;

(b) in paragraph (3) omit “Subject to paragraph (4),”;

(c) omit paragraph (4).

Section 5 Amendment of the Education (Student Support) Regulations 2011

In regulation 4 (Eligible students), omit paragraphs (8), (9), (10) and (11).

Section 6 Amendment of the Education (Student Support) Regulations 2011

In regulation 5 (Designated courses), for sub-paragraph (c) substitute—

(c) of at least one academic year’s duration;

Section 7 Amendment of the Education (Student Support) Regulations 2011

In regulation 7(4) (Transfer of status), after “transfer” insert “provided that A qualifies for such support in connection with the academic year of the course to which A transfers”.

Section 8 Amendment of the Education (Student Support) Regulations 2011

For regulation (9)(2)(b) (Time limits), substitute—

(b) the applicant is making a separate application for a fee loan, a fee contribution loan or a loan for living costs or is applying for an additional amount of fee loan under regulation 24(1) or (7), an additional amount of fee contribution loan under regulation 35(5) or an additional amount of loan for living costs under regulation 89(3) in which case the application must reach the Secretary of State not later than one month before the end of the academic year to which the application relates;

Section 9 Amendment of the Education (Student Support) Regulations 2011

For regulation 11 (Requirement to enter into a contract for a loan), substitute—

Requirement to enter into a contract for a loan

(11)

(1) To receive a loan a student must enter into a contract with the Secretary of State.

(2) Where the Secretary of State requires a contract to be signed by a student, an electronic signature in such form as the Secretary of State may specify satisfies such a requirement.

Section 10 Amendment of the Education (Student Support) Regulations 2011

In regulation 19 (Availability of fee loans to current system students – general), omit paragraph (1).

Section 11 Amendment of the Education (Student Support) Regulations 2011

In regulation 22 (Standard entitlement of current system students on end-on courses and certain degree courses)—

(a) in paragraph (4), in the definition of “PrC”, after “preliminary courses” insert “(including any academic years that the student began or ceased to attend part of the way through the year),”;

(b) in paragraph (5), in the definition of “PrC”, after “preliminary courses” insert “(including any academic years that the student began or ceased to attend part of the way through the year),”.

Section 12 Amendment of the Education (Student Support) Regulations 2011

In regulation 25 (Old system students who are continuing students), omit paragraph (3).

Section 13 Amendment of the Education (Student Support) Regulations 2011

In regulation 26 (Old system students who are transferring students), omit paragraph (5).

Section 14 Amendment of the Education (Student Support) Regulations 2011

In regulation 28 (Old system students who are gap year students who have not studied on a previous course), for paragraph (2), substitute—

(2) A gap year student does not qualify for fee support in respect of a designated course if the student has an honours degree from an institution in the United Kingdom and the exemptions in regulation 13(2) or (4) do not apply.

Section 15 Amendment of the Education (Student Support) Regulations 2011

In regulation 29 (Old system students who are gap year students who have studied on a previous course), for paragraph (2), substitute—

(2) An old system student to whom this regulation applies does not qualify for fee support in respect of a designated course if the student has an honours degree from an institution in the United Kingdom and the exemptions in regulation 13(2) or (4) do not apply.

Section 16 Amendment of the Education (Student Support) Regulations 2011

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

(a) in paragraph (4)—

(i) at the end of sub-paragraph (a), for the semi-colon, substitute a full-stop;

(ii) omit sub-paragraphs (b) and (c);

(b) omit paragraph (5).

Section 17 Amendment of the Education (Student Support) Regulations 2011

In regulation 41(8) (Amount of the disabled students’ allowance), for “regulation 40(5)” substitute “regulation 40(4)”.

Section 18 Amendment of the Education (Student Support) Regulations 2011

In regulation 45 (Childcare grant)—

(a) in paragraph (2), after “paragraphs (3)” insert “, (3B)”;

(b) after paragraph (3) insert—

(3A) In this regulation, the terms “entitlement period” and “valid declaration of eligibility” have the same meanings as they have for the purposes of the Childcare Payments Act 2014 and regulations made thereunder.

(3B) A does not qualify for a childcare grant during any entitlement period for which A or A’s partner has made a valid declaration of eligibility under the Childcare Payments Act 2014 in relation to any child.

Section 19 Amendment of the Education (Student Support) Regulations 2011

In regulation 56 (Qualifying conditions for the maintenance grant)—

(a) in paragraph (1), after “current system student” insert “who is not a 2016 cohort student”;

(b) in paragraph (3)—

(i) at the end of sub-paragraph (a), for “; or”, substitute a full-stop;

(ii) omit sub-paragraph (b).

Section 20 Amendment of the Education (Student Support) Regulations 2011

In regulation 57 (Amount of the maintenance grant – 2008 cohort students)—

(a) for paragraph (1), substitute—

(1) The maximum amount of maintenance grant available to a 2008 cohort student in respect of an academic year is £3,110.

(b) omit paragraphs (2), (3) and (4);

(c) in paragraph (5), after “2008 cohort student” omit “other than a type 1, type 2 or type 3 teacher training student”.

Section 21 Amendment of the Education (Student Support) Regulations 2011

In regulation 58 (Amount of the maintenance grant – 2009 cohort students)—

(a) for paragraph (1), substitute—

(1) The maximum amount of maintenance grant available to a 2009 cohort student in respect of an academic year is £3,110.

(b) omit paragraphs (2), (3) and (4);

(c) in paragraph (5), after “2009 cohort student” omit “other than a type 1, type 2 or type 3 teacher training student”.

Section 22 Amendment of the Education (Student Support) Regulations 2011

In regulation 60 (Amount of the maintenance grant – current system students who are not 2008, 2009 or 2012 cohort students)—

(a) for the heading, substitute—

Amount of the maintenance grant – current system students who are not 2008, 2009, 2012 or 2016 cohort students

(b) for paragraph (1), substitute—

(1) The maximum amount of maintenance grant available to a current system student who is not a 2008, 2009, 2012 or 2016 cohort student in respect of an academic year is £3,110.

(c) omit paragraphs (2), (3) and (4);

(d) in paragraph (5), for “other than a 2008, 2009 or 2012 cohort student or a type 1, type 2 or type 3 teacher training student” substitute “other than a 2008, 2009, 2012 or 2016 cohort student”.

Section 23 Amendment of the Education (Student Support) Regulations 2011

In regulation 61 (Qualifying conditions for the special support grant)—

(a) before paragraph (1), insert—

(A1) A current system student who is a 2016 cohort student does not qualify for a special support grant.

(b) in paragraph (3)—

(i) at the end of sub-paragraph (a), for “; or”, substitute a full-stop;

(ii) omit sub-paragraph (b).

Section 24 Amendment of the Education (Student Support) Regulations 2011

In regulation 62 (Amount of the special support grant – 2008 cohort students)—

(a) for paragraph (1), substitute—

(1) The maximum amount of special support grant available to a 2008 cohort student in respect of an academic year is £3,110.

(b) omit paragraphs (2), (3) and (4);

(c) in paragraph (5), after “2008 cohort student” omit “other than a type 1, type 2 or type 3 teacher training student”.

Section 25 Amendment of the Education (Student Support) Regulations 2011

In regulation 63 (Amount of the special support grant – 2009 cohort students)—

(a) for paragraph (1), substitute—

(1) The maximum amount of special support grant available to a 2009 cohort student in respect of an academic year is £3,110.

(b) omit paragraphs (2), (3) and (4);

(c) in paragraph (5), after “2009 cohort student” omit “other than a type 1, type 2 or type 3 teacher training student”.

Section 26 Amendment of the Education (Student Support) Regulations 2011

In regulation 65 (Amount of the special support grant – current system students who are not 2008, 2009 or 2012 cohort students)—

(a) for the heading, substitute—

Amount of the special support grant – current system students who are not 2008, 2009, 2012 or 2016 cohort students

(b) for paragraph (1), substitute—

(1) The maximum amount of special support grant available to a current system student who is not a 2008, 2009, 2012 or 2016 cohort student in respect of an academic year is £3,110.

(c) omit paragraphs (2), (3) and (4);

(d) in paragraph (5), for “other than a 2008, 2009 or 2012 cohort student or a type 1, type 2 or type 3 teacher training student” substitute “other than a 2008, 2009, 2012 or 2016 cohort student”.

Section 27 Amendment of the Education (Student Support) Regulations 2011

In regulation 66(3) (Qualifying conditions for the higher education grant)—

(a) at the end of sub-paragraph (a), for “; or”, substitute a full-stop;

(b) omit sub-paragraph (b).

Section 28 Amendment of the Education (Student Support) Regulations 2011

In regulation 68 (Interpretation of Part 6)—

(a) in paragraph (e)(i), omit “or (b) ”;

(b) at the end of paragraph (f), for the full-stop, substitute a semi-colon;

(c) after paragraph (f), insert—

(g) a “loan for living costs” is a loan for maintenance only, except where paragraph (h) or (i) applies;

(h) a “loan for living costs” where regulation 71(1)(h) applies, is a loan for maintenance and, where applicable, a special support loan;

(i) a “loan for living costs” where regulation 71(1)(i) applies, is a special support loan only;

(j) a “long courses loan” is a loan for maintenance;

(k) a “special support loan” is a loan to defray the costs of books, equipment, travel or childcare incurred for the purpose of attending a designated course.

Section 29 Amendment of the Education (Student Support) Regulations 2011

In regulation 69 (Qualifying conditions for the loan for living costs — current system students), for paragraph (4), substitute—

(4) The requirement in paragraph (1) that the student is under the age of 60 on the relevant date does not apply to a current system student who is a 2016 cohort student.

Section 30 Amendment of the Education (Student Support) Regulations 2011

In regulation 70 (Qualifying conditions for the loan for living costs - old system students), omit paragraph (5).

Section 31 Amendment of the Education (Student Support) Regulations 2011

In regulation 71(1) (Maximum amounts of loans – general)—

(a) in sub-paragraph (d), for “(other than a 2008, 2009 or 2012 cohort student)”, substitute “(other than a 2008, 2009, 2012 or 2016 cohort student)”;

(b) at the end of sub-paragraph (f), for the full-stop, substitute a semi-colon;

(c) after sub-paragraph (f), insert—

(g) in accordance with regulation 80A where the eligible student—

(i) is a 2016 cohort student with full entitlement;

(ii) is under the age of 60 on the relevant date; and

(iii) does not meet the condition in sub-paragraph (h)(iii);

(h) in accordance with regulation 80B where the eligible student—

(i) is a 2016 cohort student with full entitlement;

(ii) is under the age of 60 on the relevant date; and

(iii) would qualify for a special support grant but for regulation 61(A1);

(i) in accordance with regulation 80C where the eligible student—

(i) is a 2016 cohort student with full entitlement; and

(ii) is not under the age of 60 on the relevant date.

Section 32 Amendment of the Education (Student Support) Regulations 2011

In regulation 72 (2008 cohort students with full entitlement except type 1 and type 2 teacher training students)—

(a) in the heading, omit “except type 1 and type 2 teacher training students”;

(b) in paragraph (1), omit “except a type 1 or a type 2 teacher training student”.

Section 33 Amendment of the Education (Student Support) Regulations 2011

In regulation 74 (2009 cohort students with full entitlement except type 1 and type 2 teacher training students)—

(a) in the heading, omit “except type 1 and type 2 teacher training students”;

(b) in paragraph (1), omit “except a type 1 or a type 2 teacher training student”;

(c) in paragraph (10)—

(i) in sub-paragraph (a)—

(aa) omit “is not a type 3 teacher training student and”;

(bb) after the semi-colon, insert “and”;

(ii) omit sub-paragraph (b).

Section 34 Amendment of the Education (Student Support) Regulations 2011

In regulation 77 (Current system students with full entitlement who are not 2008, 2009 or 2012 cohort students)—

(a) in the heading, for “or 2012” substitute “, 2012 or 2016”;

(b) in paragraph (1)—

(i) for “or 2009” substitute “, 2009, 2012 or 2016”;

(ii) omit “or ,where the student’s contribution exceeds nil, a type 1 or type 2 teacher training student”.

Section 35 Amendment of the Education (Student Support) Regulations 2011

In regulation 80 (Students with reduced entitlement)—

(a) in paragraph (1)—

(i) in sub-paragraph (b), for “regulation 38(4)(b) or (6)”, substitute “regulation 38(6)”;

(ii) in sub-paragraph (c)—

(aa) for “ or 2012” substitute “, 2012 or 2016”;

(bb) for the words from “an amount” to “X is”, substitute “, the amount is”; and

(cc) omit “; Y is the amount specified in paragraph (3)”;

(iii) in sub-paragraph (d)—

(aa) for the words from “an amount” to “X is”; substitute “, the amount is”; and

(bb) omit “; Y is the amount specified in paragraph (4)”;

(iv) after sub-paragraph (e), insert—

(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, £3,039;

(ii) for a student in category B, £5,330;

(iii) for a student in category C, £4,540;

(iv) for a student in category D, £3,821;

(b) in paragraph (2)—

(i) in sub-paragraph (b), for “regulation 38(4)(b) or (6)”, substitute “regulation 38(6)”;

(ii) in sub-paragraph (c)—

(aa) for “ or 2012” substitute “, 2012 or 2016”;

(bb) for the words from “an amount” to “X is”; substitute “, the amount is”; and

(cc) omit “; Y is the amount specified in paragraph (3)”;

(iii) in sub-paragraph (d)—

(aa) for the words from “an amount” to “X is”, substitute “, the amount is”; and

(bb) omit “; Y is the amount specified in paragraph (4)”;

(iv) in sub-paragraph (e), after “2012”, insert “or 2016”;

(c) omit paragraphs (3) and (4).

Section 36 Amendment of the Education (Student Support) Regulations 2011

After regulation 80 (Students with reduced entitlement), insert—

2016 cohort students with full entitlement who satisfy the conditions in regulation 71(1)(g)

(80A)

(1) This regulation applies to a 2016 cohort student who satisfies all the conditions in regulation 71(1)(g).

(2) Subject to Chapter 4 of this Part and paragraph (4), 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

where—

X is—

for a student in category A, £6,904;

for a student in category B, £10,702;

for a student in category C, £9,391;

for a student in category D, £8,200;

Y is—

for a student in category A, £1 for every complete £8.59 by which the student’s household income exceeds £25,000;

for a student in category B, £1 for every complete £8.34 by which the student’s household income exceeds £25,000;

for a student in category C, £1 for every complete £8.41 by which the student’s household income exceeds £25,000;

for a student in category D, £1 for every complete £8.49 by which the student’s household income exceeds £25,000.

(3) Subject to Chapter 4 of this Part and paragraph (4), 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

where—

X is—

for a student in category A, £6,496;

for a student in category B, £9,914;

for a student in category C, £8,406;

for a student in category D, £7,756;

Y is—

for a student in category A, £1 for every complete £8.59 by which the student’s household income exceeds £25,000;

for a student in category B, £1 for every complete £8.34 by which the student’s household income exceeds £25,000;

for a student in category C, £1 for every complete £8.41 by which the student’s household income exceeds £25,000;

for a student in category D, £1 for every complete £8.49 by which the student’s household income exceeds £25,000.

(4) 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 105, the minimum level for the academic year is payable.

2016 cohort students with full entitlement who satisfy the conditions in regulation 71(1)(h)

(80B)

(1) This regulation applies to a 2016 cohort student who satisfies all the conditions in regulation 71(1)(h).

(2) Subject to Chapter 4 of this Part and paragraph (6), 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—

where—

X is—

for a student in category A, £8,144;

for a student in category B, £11,671;

for a student in category C, £10,453;

for a student in category D, £9,347;

Y is—

for a student in category A, £1 for every complete £5.384 by which the student’s household income exceeds £25,000 but does not exceed £42,875;

for a student in category B, £1 for every complete £5.743 by which the student’s household income exceeds £25,000 but does not exceed £42,875;

for a student in category C, £1 for every complete £5.608 by which the student’s household income exceeds £25,000 but does not exceed £42,875;

for a student in category D, £1 for every complete £5.496 by which the student’s household income exceeds £25,000 but does not exceed £42,875;

Z is—

for a student in category A, £1 for every complete £8.59 by which the student’s household income exceeds £42,875;

for a student in category B, £1 for every complete £8.34 by which the student’s household income exceeds £42,875;

for a student in category C, £1 for every complete £8.41 by which the student’s household income exceeds £42,875;

for a student in category D, £1 for every complete £8.49 by which the student’s household income exceeds £42,875.

(3) The loan for living costs for an academic year other than the final year of a course that is not an intensive course, where regulation 71(1)(h) applies, is made up of a loan for maintenance and a special support loan, whereby the maximum loan for maintenance is—

(a) for a student in category A, £4,675;

(b) for a student in category B, £8,202;

(c) for a student in category C, £6,984;

(d) for a student in category D, £5,878;

and any remainder is a special support loan.

(4) Subject to Chapter 4 of this Part and paragraph (6), 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—

where—

X is—

for a student in category A, £7,765;

for a student in category B, £10,938;

for a student in category C, £9,538;

for a student in category D, £8,935;

Y is—

for a student in category A, £1 for every complete £5.335 by which the student’s household income exceeds £25,000 but does not exceed £42,875;

for a student in category B, £1 for every complete £5.642 by which the student’s household income exceeds £25,000 but does not exceed £42,875;

for a student in category C, £1 for every complete £5.486 by which the student’s household income exceeds £25,000 but does not exceed £42,875;

for a student in category D, £1 for every complete £5.441 by which the student’s household income exceeds £25,000 but does not exceed £42,875;

Z is—

for a student in category A, £1 for every complete £8.59 by which the student’s household income exceeds £42,875;

for a student in category B, £1 for every complete £8.34 by which the student’s household income exceeds £42,875;

for a student in category C, £1 for every complete £8.41 by which the student’s household income exceeds £42,875;

for a student in category D, £1 for every complete £8.49 by which the student’s household income exceeds £42,875.

(5) The loan for living costs for an academic year that is the final year of a course that is not an intensive course, where regulation 71(1)(h) applies, is made up of a loan for maintenance and a special support loan, whereby the maximum loan for maintenance is—

(a) for a student in category A, £4,296;

(b) for a student in category B, £7,469;

(c) for a student in category C, £6,069;

(d) for a student in category D, £5,466;

and any remainder is a special support loan.

(6) Where the maximum amount of loan for living costs is calculated in accordance with paragraph (2) or (4) and is less than the minimum level for the academic year specified in regulation 105, the minimum level for the academic year is payable.

2016 cohort students with full entitlement who satisfy the conditions in regulation 71(1)(i)

(80C)

(1) This regulation applies to a 2016 cohort student who satisfies both the conditions in regulation 71(1)(i).

(2) Subject to Chapter 4 of this Part, the loan for living costs is a special support loan and the maximum amount for which a student to whom this regulation applies qualifies is equal to—

where—

X is £3,469;

Y is £1 for every complete £5.46 by which the student’s household income exceeds £25,000.

(3) Where the amount of loan for living costs calculated under paragraph (2) is less than £50, the amount of loan for living costs payable is nil.

Section 37 Amendment of the Education (Student Support) Regulations 2011

In regulation 81 (Long courses loan)—

(a) in paragraph (1), for “or 2012” substitute “, 2012 or 2016”;

(b) in paragraph (3), for “or 2012” substitute “, 2012 or 2016”;

(c) in paragraph (4), for “or 2012” substitute “, 2012 or 2016”.

Section 38 Amendment of the Education (Student Support) Regulations 2011

In regulation 87(1) (Increases in maximum amount), for “or 2012” substitute “, 2012 or 2016”.

Section 39 Amendment of the Education (Student Support) Regulations 2011

In regulation 88 (Deductions from loans for living costs)—

(a) in paragraph (1), for “or 2012” substitute “, 2012 or 2016”;

(b) in paragraph (2), for “or 2012” substitute “, 2012 or 2016”.

Section 40 Amendment of the Education (Student Support) Regulations 2011

For regulation 100 (Application of contribution – 2008, 2009 or 2012 cohort students), substitute—

Application of contribution – 2008, 2009, 2012 or 2016 cohort students

(100) In the case of a 2008, 2009, 2012 or 2016 cohort student, the Secretary of State must apply the contribution in accordance with regulation 103.

Section 41 Amendment of the Education (Student Support) Regulations 2011

For regulation 101 (Application of contribution – current system students who are not 2008, 2009 or 2012 cohort students), substitute—

Application of contribution – current system students who are not 2008, 2009, 2012 or 2016 cohort students

(101) In the case of a current system student who is not a 2008, 2009, 2012 or 2016 cohort student, the Secretary of State must apply the contribution in accordance with regulation 104.

Section 42 Amendment of the Education (Student Support) Regulations 2011

In regulation 103 (Order of application – 2008, 2009 or 2012 cohort students), in the heading, for “or 2012” substitute “, 2012 or 2016”.

Section 43 Amendment of the Education (Student Support) Regulations 2011

In regulation 105 (Minimum level of loan for living costs)—

(a) in paragraph (1)—

(i) for “or 2012”, substitute “, 2012 or 2016”;

(ii) omit “, 73(5)”;

(b) in paragraph (2)—

(i) for “or 2012”, substitute “, 2012 or 2016”;

(ii) omit “, 73(5)”;

(c) in paragraph (3), for “in regulations 74(5) and 75(5)”, substitute “in regulation 74(5)”;

(d) in paragraph (4), for “in regulations 74(5) and 75(5)”, substitute “in regulation 74(5)”;

(e) after paragraph (6), insert—

(6A) Subject to paragraphs (6B) and (7), for a 2016 cohort student who satisfies all the conditions in regulation 71(1)(g), the “minimum level for the academic year” in regulation 80A is—

(a) £3,039, in the case of a student in category A;

(b) £5,330, in the case of a student in category B;

(c) £4,540, in the case of a student in category C;

(d) £3,821, in the case of a student in category D.

(6B) Subject to paragraph (7), for a 2016 cohort student who satisfies all the conditions in regulation 71(1)(g), 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” in regulation 80A is—

(a) £2,792, in the case of a student in category A;

(b) £4,855, in the case of a student in category B;

(c) £3,945, in the case of a student in category C;

(d) £3,553, in the case of a student in category D.

(6C) Subject to paragraphs (6D) and (7), for a 2016 cohort student who satisfies all the conditions in regulation 71(1)(h), the “minimum level for the academic year” in regulation 80B is—

(a) £3,039, in the case of a student in category A;

(b) £5,330, in the case of a student in category B;

(c) £4,540, in the case of a student in category C;

(d) £3,821, in the case of a student in category D.

(6D) Subject to paragraph (7), for a 2016 cohort student who satisfies all the conditions in regulation 71(1)(h), 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” in regulation 80B is—

(a) £2,792, in the case of a student in category A;

(b) £4,855, in the case of a student in category B;

(c) £3,945, in the case of a student in category C;

(d) £3,553, in the case of a student in category D.

(f) in paragraph (7), for “(1) to (6)” substitute “(1) to (6D)”;

(g) in paragraph (8), for “or (6)” substitute “, (6), (6A), (6B), (6C) or (6D)”.

Section 44 Amendment of the Education (Student Support) Regulations 2011

In regulation 110 (Payment of loans – general), omit paragraph (1)(c).

Section 45 Amendment of the Education (Student Support) Regulations 2011

In regulation 113 (Payment of fee loans), after paragraph (3) insert—

(3A) For a student beginning the current course on or after 1st August 2016, an academic authority must not send confirmation of the student’s attendance to the Secretary of State—

(a) in the case of an institution with degree awarding powers pursuant to section 76 of the Further and Higher Education Act 1992 , until the student is registered on the course at the institution;

(b) in the case of a course validated by an institution with degree awarding powers pursuant to section 76 of the Further and Higher Education Act 1992, until the validating institution has been notified by the institution teaching the student that the student is studying on the course covered by the validation agreement; or

(c) where neither sub-paragraph (a) or (b) applies, until the student has been registered with the relevant awarding body.

Section 46 Amendment of the Education (Student Support) Regulations 2011

In regulation 117 (Overpayments of fee support)—

(a) after paragraph (1) insert—

(1A) A student must, if so required by the Secretary of State, repay any amount of fee support paid in respect of the student which for whatever reason exceeds the amount of fee support to which the student is entitled.

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

(aa) by subtracting the overpayment from any kind of grant or loan payable to the student from time to time pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act;

Section 47 Amendment of the Education (Student Support) Regulations 2011

In regulation 119 (Overpayments of support payable under Part 5 or Part 6)—

(a) in paragraph (1), for “An eligible student”, substitute “A student”;

(b) in paragraph (3)(a), after “grant” insert “or loan”;

(c) in paragraphs (7)(a) and (8)(a), omit the word “eligible”;

(d) for paragraph (10), substitute—

(10) Any overpayment of a loan for living costs or a long courses loan in respect of any academic year is recoverable by the Secretary of State from the student to whom the payment was made.

(e) for paragraph (11), substitute—

(11) The methods of recovery are—

(a) subtracting the overpayment from any kind of grant or loan payable to the student from time to time pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act;

(b) requiring the student to repay the loan in accordance with regulations made under section 22 of the 1998 Act;

(c) taking such other action for the recovery of an overpayment as is available to the Secretary of State.

(f) omit paragraph (12).

Section 48 Amendment of the Education (Student Support) Regulations 2011

In regulation 120 (Eligible distance learning students), omit paragraphs (8), (9) and (10).

Section 49 Amendment of the Education (Student Support) Regulations 2011

In regulation 135 (Overpayments)—

(a) in paragraph (2), for “An eligible”, substitute “A”;

(b) in paragraph (2), after “paid to the student” insert “, or in respect of the student,”;

(c) in paragraph (4)(a), after “grant” insert “or loan”;

(d) in paragraphs (8)(a) and (9)(a), omit the word “eligible”.

Section 50 Amendment of the Education (Student Support) Regulations 2011

In regulation 137 (Eligible part-time students), omit paragraphs (7), (8) and (9).