The Further Education Loans and the Education (Student Support) (Amendment) Regulations 2019

• Citation: S.I. 2019/983
• Sections: 3

Section 1 Citation and commencement

These Regulations may be cited as the Further Education Loans and the Education (Student Support) (Amendment) Regulations 2019 and come into force on 1st July 2019.

Section 2 Amendment of the Further Educations Loans Regulations 2012

(1) The Further Education Loans Regulations 2012 are amended as follows.

(2) After regulation 24 (overpayments of fee loan), insert—

Cancellation of fee loan

(25)

(1) Where this regulation applies the Secretary of State must cancel all or part of a fee loan.

(2) The circumstances mentioned in paragraph (1) are that—

(a) an eligible student has taken out the fee loan in relation to a designated further education course at an institution;

(b) the course to which the fee loan relates is no longer available at the institution;

(c) the student has applied in writing to the Secretary of State for cancellation of all or part of the fee loan; and

(d) the Secretary of State considers it appropriate to do so.

(3) In considering whether it is appropriate to cancel all or part of the fee loan (and where it is considered appropriate to cancel part of the loan what part of the loan should be cancelled) the Secretary of State must have regard to—

(a) the proportion of the course completed;

(b) whether a similar course is available at the institution;

(c) whether the same or a similar course is available at another institution;

(d) in relation to paragraphs (b) or (c), whether the student has enrolled on the course; and

(e) any other relevant circumstances, including the personal circumstances of the student.

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

(1) The Education (Student Support) Regulations 2011 are amended as follows.

(2) In regulation 47 (calculations)—

(a) in paragraph (1), after “(1A),”, insert “(1AA),”

(b) in paragraph (1A), after “the amount of adult dependants’ grant payable”, insert—

, where the residual income of any adult dependants and the eligible student’s partner and the net income of any dependent child or children, taken together for the prior financial year, exceeds £8,746,

(c) after paragraph (1A), insert—

(1AA) Where the residual income of any adult dependants and the eligible student’s partner and the net income of any dependent child or children, taken together for the prior financial year, does not exceed £8,746, the amount of adult dependant’s grant payable is the basic amount mentioned in paragraph (3) of regulation 44.

(d) in paragraph (1B), after “child or children”, insert “, taken together for the prior financial year,”;

(e) in paragraph (2)—

(i) after “(2A),”, insert “(2AA),”;

(ii) after “(2B),”, insert “(2BA),”;

(f) in paragraph (2A), after “The amount of childcare grant payable”, insert—

, where the residual income of any adult dependants and the eligible student’s partner and the net income of the dependent child, taken together for the prior financial year, exceeds £9,727,

(g) after paragraph (2A), insert—

(2AA) Where the residual income of any adult dependants and the eligible student’s partner and the net income of the dependent child, taken together for the prior financial year, does not exceed £9,727, the amount of childcare grant payable is an amount equal to—

Where—

A is the basic amount mentioned in paragraph (5)(a) of regulation 45 multiplied by 52; and

B is the number of weeks in respect of which the eligible student applies and qualifies for childcare grant up to a maximum of 52 weeks.

(h) in paragraph (2B), after “The amount of childcare grant payable”, insert—

, where the residual income of any adult dependants and the eligible student’s partner and the net income of the dependent children, taken together for the prior financial year, exceeds £11,118,

(i) after paragraph (2B), insert—

(2BA) Where the residual income of any adult dependants and the eligible student’s partner and the net income of the dependent children, taken together for the prior financial year, does not exceed £11,118, the amount of childcare grant payable is an amount equal to—

Where—

A is the basic amount mentioned in paragraph (5)(b) of regulation 45; and

B is the number of weeks in respect of which the eligible student applies and qualifies for childcare grant up to a maximum of 52 weeks.

(j) in paragraph (3), after “(3A),”, insert “(3AA),”;

(k) in paragraph (3A), after “the amount of parents’ learning allowance payable”, insert—

, where the residual income of any adult dependants and the eligible student’s partner and the net income of the dependent child or children, taken together for the prior financial year, exceeds £14,910,

(l) after paragraph (3A), insert—

(3AA) Where the residual income of any adult dependants and the eligible student’s partner and the net income of the dependent child or children, taken together for the prior financial year, does not exceed £14,910, the amount of parents’ learning allowance payable is the basic amount mentioned in paragraph (2) of regulation 46.

(m) in paragraph (3B), after “child or children”, insert “, taken together for the prior financial year,”;

(n) in paragraph (4), after “(1A),”, insert “(1AA),”;

(o) in paragraph (5), for “(2A) and (2C), or (2B) and (2C)”, substitute “(2A), (2AA) and (2C), or (2B), (2BA) and (2C)”;

(p) in paragraph (6), after “(3A)”, insert “, (3AA)”.