The Education (Student Fees, Awards and Support) (Amendment) Regulations 2016

• Citation: S.I. 2016/584
• Sections: 7

Section 1 Citation and commencement

(1) These Regulations may be cited as the Education (Student Fees, Awards and Support) (Amendment) Regulations 2016.

(2) These Regulations come into force on 6th June 2016.

Section 2 Application

(1) Regulations 3, 4, 5 and 7 apply to an academic year which begins on or after 1st August 2016.

(2) Regulation 6 applies to a designated further education course which begins on or after 1st August 2016.

(3) 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;

“designated further education course” means a course designated by the Secretary of State under regulation 4 of the Further Education Loans Regulations 2012 .

Section 3 Amendment to the Education (Fees and Awards) (England) Regulations 2007

(1) The Education (Fees and Awards) (England) Regulations 2007 are amended in accordance with this regulation.

(2) In Schedule 1, after paragraph 12, insert—

Long Residence

(13)

(1) A person who on the first day of the first academic year of the course—

(a) is either—

(i) 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) aged 18 years old 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) is ordinarily resident in England;

(c) 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).

Section 4 Amendment to the Student Fees (Qualifying Courses and Persons) (England) Regulations 2007

(1) The Student Fees (Qualifying Course and Persons) (England) Regulations 2007 are amended in accordance with this regulation.

(2) In the Schedule, after paragraph 11, insert—

Long Residence

(12)

(1) A person who on the first day of the first academic year of the course—

(a) is either—

(i) 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) aged 18 years old 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) is ordinarily resident in England;

(c) 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).

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

(1) The Education (Student Support) Regulations 2011 are amended in accordance with this regulation.

(2) For regulation 77 (Current system students with full entitlement who are not 2008, 2009, 2012 or 2016 cohort students), substitute—

Current system students with full entitlement who are not 2008, 2009, 2012 or 2016 cohort students

(77)

(1) This regulation applies to a current system student with full entitlement (other than a 2008, 2009, 2012 or 2016 cohort student).

(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—

where—

X is—

for a student in category A, £3,924;

for a student in category B, £7,100;

for a student in category C, £6,041;

for a student in category D, £5,071;

Y is the maintenance grant amount.

(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

where—

X is—

for a student in category A, £3,546;

for a student in category B, £6,464;

for a student in category C, £5,252;

for a student in category D, £4,692;

Y is the maintenance grant amount.

(3) In Schedule 1, Part 2 (Eligible Students – Categories) after paragraph 12, insert—

Long Residence

(13)

(1) A person who on the first day of the first academic year of the course—

(a) is either—

(i) 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) aged 18 years old 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) is ordinarily resident in England;

(c) 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).

Section 6 Amendment to the Further Education Loans Regulations 2012

(1) The Further Education Loans Regulations 2012 are amended in accordance with this regulation.

(2) In Schedule 1, Part 2 (Eligible Students – Categories) after paragraph 12, insert—

Long Residence

(13)

(1) A person who on the first day of a designated further education course—

(a) has, preceding the first day of the further education course, lived in the United Kingdom throughout either—

(i) half their life; or

(ii) a period of twenty-years;

(b) is ordinarily resident in the United Kingdom;

(c) has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the further education 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(5).

Section 7 Amendment to the Education (Student Support) (Amendment) Regulations 2016

(1) The Education (Student Support) (Amendment) Regulations 2016 are amended as follows.

(2) In regulation 1(4) (Citation, commencement, interpretation and application), after subsection (4)(b), insert—

(c) who would have fallen to be determined as eligible within paragraph 10 of Part 2 of Schedule 1 to the 2011 Regulations 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 2016.