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uksi/2018/137
uksi/2018/137 — The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018
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2018 No. 137
Education, England
The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018
Made
5th February 2018
Laid before Parliament
6th February 2018
Coming into force
27th February 2018
The Secretary of State, in exercise of the powers conferred by sections 1 and 2 of the Education (Fees and Awards) Act 1983 , sections 22 and 42(6) of the Teaching and Higher Education Act 1998 and sections 24(6) and 47 of the Higher Education Act 2004 , makes the following Regulations:
PART 1
GENERAL
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Student Fees, Awards and Support) (Amendment) Regulations 2018.
2
These Regulations come into force on 27th February 2018 and, subject to paragraphs (3) and (4), apply from that date.
3
Regulations 3, 5, 6, 8, 11 and 13 apply in relation to the provision of support to students in relation to an academic year which begins on or after 1st August 2018 whether anything done under these Regulations is done before, on or after that date.
4
Regulations 7, 12, 14 and 16 to 18 apply in relation to the provision of support to students in relation to a course which begins on or after 1st August 2018 whether anything done under these Regulations is done before, on or after that date.
5
In paragraph (3), “academic year” means the period of twelve months beginning with 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 the academic year begins, respectively—
a
on or after 1st January and before 1st April;
b
on or after 1st April and before 1st July;
c
on or after 1st July and before 1st August; or
d
on or after 1st August and on or before 31st December.
PART 2
AMENDMENT OF THE EDUCATION (STUDENT SUPPORT) REGULATIONS 2011
Amendment of the Education (Student Support) Regulations 2011
2
The Education (Student Support) Regulations 2011 are amended in accordance with regulations 3 to 9.
Amendments relating to support available to members of the armed forces and their families and dependants
3
1
In regulation 13 (miscellaneous), after paragraph (6), insert—
6A
For the purposes of paragraph (6), a person (“A”) is to be treated as being ordinarily resident in England for any period during which A would have been so resident but for the fact that—
a
A,
b
A’s spouse or civil partner,
c
A’s parent, or
d
in the case of a dependent direct relative in the ascending line, A’s child or child’s spouse or civil partner,
is or was temporarily employed in Wales, Scotland or Northern Ireland as a member of the regular naval, military or air forces of the Crown.
.
2
In regulation 40 (qualifying conditions for the disabled students’ allowance), after paragraph (2), insert—
2A
For the purposes of paragraph (2), a person (“A”) is to be treated as being ordinarily resident in England for any period during which A would have been so resident but for the fact that—
a
A,
b
A’s spouse or civil partner,
c
A’s parent, or
d
in the case of a dependent direct relative in the ascending line, A’s child or child’s spouse or civil partner,
is or was temporarily employed in Wales, Scotland or Northern Ireland as a member of the regular naval, military or air forces of the Crown.
.
3
In regulation 144 (fee support for designated part-time courses beginning on or after 1st September 2012), after paragraph (3), insert—
3ZA
For the purposes of paragraph (3)(b), a person (“A”) is to be treated as being ordinarily resident in England for any period during which A would have been so resident but for the fact that—
a
A,
b
A’s spouse or civil partner,
c
A’s parent, or
d
in the case of a dependent direct relative in the ascending line, A’s child or child’s spouse or civil partner,
is or was temporarily employed in Wales, Scotland or Northern Ireland as a member of the regular naval, military or air forces of the Crown.
.
Amendments relating to availability of support to students with previous study
4
1
In regulation 19 (availability of fee loans to current system students – general)—
a
in paragraph (3A), for “(3D)”, substitute “(3E)”;
b
for paragraph (3D), substitute—
3D
Paragraphs (3B) and (3C) do not apply if the Secretary of State considers that there are exceptional circumstances.
;
c
after paragraph (3D), insert—
3E
Where the Secretary of State considers that there are exceptional circumstances, the Secretary of State may determine that the student should qualify for a fee loan in respect of one or more academic years of the current course, as appropriate, whether or not the student has completed those academic years prior to the Secretary of State making the determination.
;
d
in paragraph (9A), for “(9D)”, substitute “(9E)”;
e
for paragraph (9D), substitute—
9D
Paragraphs (9B) and (9C) do not apply if the Secretary of State considers that there are exceptional circumstances.
;
f
after paragraph (9D), insert—
9E
Where the Secretary of State considers that there are exceptional circumstances, the Secretary of State may determine that the student should qualify for a fee loan in respect of one or more academic years of the current course, as appropriate, whether or not the student has completed those academic years prior to the Secretary of State making the determination.
.
2
In regulation 69 (qualifying conditions for the loan for living costs – current system students)—
a
in paragraph (2B), for “(2E)”, substitute “(2F)”;
b
for paragraph (2E), substitute—
2E
Paragraphs (2C) and (2D) do not apply if the Secretary of State considers that there are exceptional circumstances.
;
c
after paragraph (2E), insert—
2F
Where the Secretary of State considers that there are exceptional circumstances, the Secretary of State may determine that the student should qualify for a loan for living costs in respect of one or more academic years of the current course, as appropriate, whether or not the student has completed those academic years prior to the Secretary of State making the determination.
.
3
In regulation 141 (assistance for part-time courses in respect of courses beginning before 1st September 2012)—
a
in paragraph (9), for “(12)”, substitute “(12A)”;
b
for paragraph (12), substitute—
12
Paragraphs (10) and (11) do not apply if the Secretary of State considers that there are exceptional circumstances.
;
c
after paragraph (12), insert—
12A
Where the Secretary of State considers that there are exceptional circumstances, the Secretary of State may determine that the student should qualify for support under this regulation in respect of one or more academic years of the current part-time course, as appropriate, whether or not the student has completed those academic years prior to the Secretary of State making the determination.
.
4
In regulation 144 (fee support for designated part-time courses beginning on or after 1st September 2012)—
a
in paragraph (9), for “(12)”, substitute “(12A)”;
b
for paragraph (12), substitute—
12
Paragraphs (10) and (11) do not apply if the Secretary of State considers that there are exceptional circumstances.
;
c
after paragraph (12), insert—
12A
Where the Secretary of State considers that there are exceptional circumstances, the Secretary of State may determine that the student should qualify for support under this regulation in respect of one or more academic years of the current part-time course, as appropriate, whether or not the student has completed those academic years prior to the Secretary of State making the determination.
.
Amendments relating to new payment rates for student support
5
1
In regulation 23(6A)(b) and (6B)(b) (amount of the fee loan)—
a
omit “or Wales”;
b
for “, (4A), (5ZA) or (5ZB)”, substitute “or (4A)”.
2
Schedule 1 to these Regulations has effect to substitute the figure in the third column of the table for the figure in the second column where that figure appears in the provision of the Education (Student Support) Regulations 2011 set out in the first column.
Amendments relating to designated distance learning courses
6
1
In regulation 2(1) (interpretation)—
a
omit the following definitions—
i
“current distance learning course”;
ii
“designated distance learning course”;
iii
“eligible distance learning student”;
b
in the definition of “end-on course” —
i
in paragraph (d), omit “or designated distance learning course”;
ii
in paragraph (f), omit from “a designated” to “Schedule 2 or”;
c
in the definition of “period of eligibility”, omit “in regulation 123 in relation to an eligible distance learning student,”.
2
In regulation 4 (eligible students)—
a
omit paragraph (7)(b);
b
in paragraphs (12)(a)(i) and (13)(a)(i), omit—
i
“, designated distance learning course”;
ii
“, eligible distance learning student”.
3
In regulation 5 (designated courses)—
a
in the opening words of paragraph (1), omit “(3),”;
b
in paragraph (1)(b)(i), omit “subject to paragraph (3),”;
c
omit paragraphs (3) and (3A).
4
In regulation 12(1) (previous course), in sub-paragraphs (a) and (b)(iii), for “a designated”, substitute “a full-time”.
5
Omit Part 10 (support for designated distance learning courses).
6
In regulation 137 (eligible part-time students)—
a
in paragraphs (10)(a) and (11)(a)—
i
omit “, designated distance learning course”;
ii
for “, eligible student or eligible distance learning student”, substitute “or eligible student”;
b
omit paragraph (13)(c).
7
In regulation 139(1) (designated part-time courses)—
a
at the end of sub-paragraph (e), insert “and”;
b
omit sub-paragraph (g) and the “and” before it.
8
In regulation 152 (conversion of status), omit paragraphs (5) to (11) and (14) to (18).
9
In regulation 159(18) (eligible postgraduate students), omit sub-paragraph (b).
10
In Schedule 1 (eligible students), in Part 2 (categories), in paragraph 9(1)(b)(i), omit “or designated distance learning course”.
Amendments relating to support available to persons granted stateless leave and their families
7
1
In regulation 2(1) (interpretation), after the definition of “person granted humanitarian protection”, insert—
“person granted stateless leave” means a person who—
has extant leave to remain as a stateless person under the immigration rules (within the meaning given in section 33(1) of the Immigration Act 1971 ); and
has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;
.
2
In regulation 4 (eligible students), after paragraph (12), insert—
12A
Where—
a
the Secretary of State determined that, by virtue of being a person granted stateless leave or the spouse, civil partner, child or step-child of a person granted stateless leave, a person (“A”) was an eligible student in connection with—
i
an application for support for an earlier year of the current course,
ii
an application for support for a course in relation to which the current course is an end-on course, or
iii
an application for support in connection with a designated part-time course or other designated course from which A’s status as an eligible part-time student or eligible student has been transferred to the current course, and
b
as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted stateless leave is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted,
A’s status as an eligible student terminates immediately before the first day of the academic year in respect of which A is applying for support.
.
3
In regulation 17(b) (events), after “becomes”, insert “a person granted stateless leave or”.
4
In regulation 85(2)(b) (students becoming eligible in the course of an academic year), after “becomes”, insert “a person granted stateless leave or”.
5
In regulation 137 (eligible part-time students), after paragraph (10), insert—
10A
Where—
a
the Secretary of State determined that, by virtue of being a person granted stateless leave or the spouse, civil partner, child or step-child of a person granted stateless leave, a person (“A”) was an eligible part-time student in connection with—
i
an application for support for an earlier year of the current part-time course, or
ii
an application for support in connection with a designated part-time course or other designated course from which A’s status as an eligible part-time student or eligible student has been transferred to the current part-time course, and
b
as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted stateless leave is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted,
A’s status as an eligible part-time student terminates immediately before the first day of the academic year in respect of which A is applying for support.
.
6
In regulation 138(4)(b) (students becoming eligible during the course of the academic year), after “becomes”, insert “a person granted stateless leave or”.
7
In regulation 159 (eligible postgraduate students), after paragraph (15), insert—
15A
Where—
a
the Secretary of State determined that, by virtue of being a person granted stateless leave or the spouse, civil partner, child or step-child of a person granted stateless leave, a person (“A”) was an eligible postgraduate student in connection with—
i
an application for support for an earlier year of the current postgraduate course, or
ii
an application for support in connection with another designated postgraduate course from which A’s status as an eligible postgraduate student has been transferred to the current postgraduate course, and
b
as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted stateless leave is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted,
A’s status as an eligible postgraduate student terminates immediately before the first day of the academic year in respect of which A is applying for support.
.
8
In regulation 160(2)(b) (students becoming eligible in the course of an academic year), after “becomes”, insert “a person granted stateless leave or”.
9
In Schedule 1 (eligible students), in Part 2 (categories), after paragraph 4, insert—
Persons granted stateless leave and their family members
4A
1
A person granted stateless leave who—
a
is ordinarily resident in England on the first day of the first academic year of the course; and
b
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.
2
A person—
a
who—
i
is the spouse or civil partner of a person granted stateless leave; and
ii
on the leave application date, was the spouse or civil partner of a person granted stateless leave;
b
who is ordinarily resident in England on the first day of the first academic year of the course; and
c
who 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.
3
A person—
a
who—
i
is the child of a person granted stateless leave or the child of the spouse or civil partner of a person granted stateless leave; and
ii
on the leave application date, was the child of a person granted stateless leave or the child of a person who, on the leave application date, was the spouse or civil partner of a person granted stateless leave;
b
who was under 18 on the leave application date;
c
who is ordinarily resident in England on the first day of the first academic year of the course; and
d
who 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.
4
In this paragraph, “leave application date” means the date on which a person granted stateless leave made an application to remain in the United Kingdom as a stateless person under the immigration rules (within the meaning given in section 33(1) of the Immigration Act 1971).
.
Amendments relating to institutions listed in Schedule 5
8
For Schedule 5 (institutions to whom regulations 23(4A) and 145(2)(c) apply), substitute the Schedule set out in Schedule 2 to these Regulations.
Amendment relating to the definition of “end-on course”
9
In regulation 2(1) (interpretation), in the definition of “end-on course”, omit paragraph (c).
PART 3
AMENDMENT OF THE EDUCATION (POSTGRADUATE MASTER’S DEGREE LOANS) REGULATIONS 2016
Amendment of the Education (Postgraduate Master’s Degree Loans) Regulations 2016
10
The Education (Postgraduate Master’s Degree Loans) Regulations 2016 are amended in accordance with regulations 11 to 15.
Amendments relating to support available to members of the armed forces and their families and dependants
11
In regulation 3 (eligible students), after paragraph (4), insert—
4A
For the purposes of paragraph (4), a person (“A”) is to be treated as being ordinarily resident in England for any period during which A would have been so resident but for the fact that—
a
A,
b
A’s spouse or civil partner,
c
A’s parent, or
d
in the case of a dependent direct relative in the ascending line, A’s child or child’s spouse or civil partner,
is or was temporarily employed in Wales, Scotland or Northern Ireland as a member of the regular naval, military or air forces of the Crown.
.
Amendments relating to the amount of the postgraduate master’s degree loan
12
In regulation 12 (amount of the postgraduate master’s degree loan), in paragraphs (1) and (2), for “£10,280”, substitute “£10,609”.
Amendments relating to designated distance learning courses
13
In regulation 3 (eligible students)—
a
in paragraph (3)(f), omit “, 122 (designated distance learning course)”;
b
in paragraph (4), after “first day of”, insert “the first academic year of”.
Amendments relating to support available to persons granted stateless leave and their families
14
1
In regulation 2(1) (interpretation), after the definition of “person granted humanitarian protection”, insert—
“person granted stateless leave” means a person who—
has extant leave to remain as a stateless person under the immigration rules (within the meaning given in section 33(1) of the Immigration Act 1971); and
has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave.
.
2
In regulation 8(b) (events), after “becomes”, insert “a person granted stateless leave or”.
3
In Schedule 1 (eligible students), Part 2 (categories), after paragraph 4, insert—
Persons granted stateless leave and their family members
4A
1
A person granted stateless leave who—
a
is ordinarily resident in England on the first day of the first academic year of the course; and
b
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.
2
A person—
a
who—
i
is the spouse or civil partner of a person granted stateless leave; and
ii
on the leave application date, was the spouse or civil partner of a person granted stateless leave;
b
who is ordinarily resident in England on the first day of the first academic year of the course; and
c
who 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.
3
A person—
a
who—
i
is the child of a person granted stateless leave or the child of the spouse or civil partner of a person granted stateless leave; and
ii
on the leave application date, was the child of a person granted stateless leave or the child of a person who, on the leave application date, was the spouse or civil partner of a person granted stateless leave;
b
was under 18 on the leave application date;
c
is ordinarily resident in England on the first day of the first academic year of the course; and
d
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.
4
In this paragraph, “leave application date” means the date on which the person granted stateless leave made an application to remain in the United Kingdom as a stateless person under the immigration rules (within the meaning given in section 33(1) of the Immigration Act 1971).
.
Amendments relating to support available to persons granted humanitarian protection and their families
15
In Schedule 1 (eligible students), Part 2 (categories), in paragraph 5(1)(a), (2)(c) and (3)(d), for “the United Kingdom”, substitute “England”.
PART 4
AMENDMENT OF OTHER INSTRUMENTS
Amendment of the Student Fees (Qualifying Courses and Persons) (England) Regulations 2007
16
In the Student Fees (Qualifying Courses and Persons) (England) Regulations 2007 , in the Schedule (qualifying persons)—
a
in paragraph 1(1), after the definition of “person granted humanitarian protection”, insert—
“person granted stateless leave” means a person who—
has extant leave to remain as a stateless person under the immigration rules (within the meaning given in section 33(1) of the Immigration Act 1971); and
has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;
;
b
after paragraph 4, insert—
Persons granted stateless leave and their family members
4A
1
A person granted stateless leave who—
a
is ordinarily resident in the United Kingdom on the first day of the first academic year of the course; and
b
has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding that date.
2
A person—
a
who—
i
is the spouse or civil partner of a person granted stateless leave; and
ii
on the leave application date, was the spouse or civil partner of a person granted stateless leave;
b
who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course; and
c
who 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.
3
A person—
a
who—
i
is the child of a person granted stateless leave or the child of the spouse or civil partner of a person granted stateless leave; and
ii
on the leave application date, was the child of a person granted stateless leave or the child of a person who, on the leave application date, was the spouse or civil partner of a person granted stateless leave;
b
who was under 18 on the leave application date;
c
who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course; and
d
who 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.
4
In this paragraph, “leave application date” means the date on which the person granted stateless leave made an application to remain in the United Kingdom as a stateless person under the immigration rules (within the meaning given in section 33(1) of the Immigration Act 1971).
.
Amendment of the Education (Fees and Awards) (England) Regulations 2007
17
In the Education (Fees and Awards) (England) Regulations 2007 , in Schedule 1 (categories of person)—
a
in paragraph 1, after the definition of “person granted humanitarian protection”, insert—
“person granted stateless leave” means a person—
who has extant leave to remain as a stateless person under the immigration rules (within the meaning given in section 33(1) of the Immigration Act 1971); and
who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;
;
b
after paragraph 4, insert—
Persons granted stateless leave and their family members
4A
1
A person granted stateless leave who—
a
is ordinarily resident in the United Kingdom on the first day of the first academic year of the course; and
b
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.
2
A person—
a
who—
i
is the spouse or civil partner of a person granted stateless leave; and
ii
on the leave application date, was the spouse or civil partner of a person granted stateless leave;
b
who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course; and
c
who 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.
3
A person—
a
who—
i
is the child of a person granted stateless leave or the child of the spouse or civil partner of a person granted stateless leave; and
ii
on the leave application date, was the child of a person granted stateless leave or the child of a person who, on the leave application date, was the spouse or civil partner of a person granted stateless leave;
b
was under 18 on the leave application date;
c
is ordinarily resident in the United Kingdom on the first day of the first academic year of the course; and
d
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.
4
In this paragraph, “leave application date” means the date on which the person granted stateless leave made an application to remain in the United Kingdom as a stateless person under the immigration rules (within the meaning given in section 33(1) of the Immigration Act 1971).
.
Amendment of the Education (Student Support) (European University Institute) Regulations 2010
18
1
The Education (Student Support) (European University Institute) Regulations 2010 are amended as follows.
2
In regulation 3 (interpretation), after the definition of “person granted humanitarian protection”, insert—
“person granted stateless leave” means a person who—
has extant leave to remain as a stateless person under the immigration rules (within the meaning given in section 33(1) of the Immigration Act 1971); and
has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;
.
3
In regulation 9 (eligible students), after paragraph (10), insert—
10A
Where—
a
the Secretary of State determined that, by virtue of being a person granted stateless leave, or the spouse, civil partner, child or step-child of a person granted stateless leave, a person (“A”) was an eligible student in connection with—
i
an application for support for an earlier year of the current course, or
ii
an application for support for a designated course at the Institute from which A’s status as an eligible student has been transferred to the current course, and
b
as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted stateless leave is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted,
A’s status as an eligible student terminates immediately before the first day of the academic year in respect of which A is applying for support.
.
4
In Schedule 1 (eligible students), Part 2 (categories), after paragraph 4, insert—
Persons granted stateless leave and their family members
4A
1
A person granted stateless leave who—
a
is ordinarily resident in England on the relevant date; and
b
has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the relevant date.
2
A person—
a
who—
i
is the spouse or civil partner of a person granted stateless leave; and
ii
on the leave application date, was the spouse or civil partner of a person granted stateless leave;
b
who is ordinarily resident in England on the relevant date; and
c
who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the relevant date.
3
A person—
a
who—
i
is the child of a person granted stateless leave or the child of the spouse or civil partner of a person granted stateless leave; and
ii
on the leave application date, was the child of a person granted stateless leave or the child of a person who, on the leave application date, was the spouse or civil partner of a person granted stateless leave;
b
was under 18 on the leave application date;
c
is ordinarily resident in England on the relevant date; and
d
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.
4
In this paragraph, “leave application date” means the date on which the person granted stateless leave made an application to remain in the United Kingdom as a stateless person under the immigration rules (within the meaning given in section 33(1) of the Immigration Act 1971).
.
Sam Gyimah
Minister of State
Department for Education
5th February 2018
SCHEDULE 1
New payment rates for student support under the Education (Student Support) Regulations 2011
Regulation 5(2)
Provision in the Education (Student Support) Regulations 2011 Existing figure New figure
Regulation 41 Regulation 41(2)(a) £21,305 £21,987 Regulation 41(2)(b) £5,358 £5,529 Regulation 41(2)(d) £1,790 £1,847 Regulation 44 Regulation 44(3)(a) £2,834 £2,925 Regulation 44(3)(b) £2,834 £2,925 Regulation 45 Regulation 45(5)(a) £159.59 £164.70 Regulation 45(5)(b) £273.60 £282.36 Regulation 45(9) £123.38 £127.33 Regulation 46 Regulation 46(2) £1,617 £1,669 Regulation 57 Regulation 57(1) £3,197 £3,299 Regulation 57(5)(a) £3,197 £3,299 Regulation 57(5)(b) £3,197 £3,299 Regulation 57(5)(b) £5.41 £5.24 Regulation 57(5)(b) £19.50 £18.88 Regulation 58 Regulation 58(1) £3,197 £3,299 Regulation 58(5)(a) £3,197 £3,299 Regulation 58(5)(b) £3,197 £3,299 Regulation 58(5)(b) £4.85 £4.70 Regulation 58(5)(b) £13.29 £12.86 Regulation 59 Regulation 59(1) £3,482 £3,593 Regulation 59(2)(a) £3,482 £3,593 Regulation 59(2)(b) £42,641 £42,645 Regulation 59(2)(b) £3,482 £3,593 Regulation 59(2)(b) £5.14 £4.98 Regulation 59(2)(c) £42,641 £42,645 Regulation 60 Regulation 60(1) £3,197 £3,299 Regulation 60(5)(a) £3,197 £3,299 Regulation 60(5)(b) £3,197 £3,299 Regulation 60(5)(b) £5.41 £5.24 Regulation 60(5)(b) £8.51 £8.24 Regulation 62 Regulation 62(1) £3,197 £3,299 Regulation 62(5)(a) £3,197 £3,299 Regulation 62(5)(b) £3,197 £3,299 Regulation 62(5)(b) £5.41 £5.24 Regulation 62(5)(b) £19.50 £18.88 Regulation 63 Regulation 63(1) £3,197 £3,299 Regulation 63(5)(a) £3,197 £3,299 Regulation 63(5)(b) £3,197 £3,299 Regulation 63(5)(b) £4.85 £4.70 Regulation 63(5)(b) £13.29 £12.86 Regulation 64 Regulation 64(1) £3,482 £3,593 Regulation 64(2)(a) £3,482 £3,593 Regulation 64(2)(b) £42,641 £42,645 Regulation 64(2)(b) £3,482 £3,593 Regulation 64(2)(b) £5.14 £4.98 Regulation 64(2)(c) £42,641 £42,645 Regulation 65 Regulation 65(1) £3,197 £3,299 Regulation 65(5)(a) £3,197 £3,299 Regulation 65(5)(b) £3,197 £3,299 Regulation 65(5)(b) £5.41 £5.24 Regulation 65(5)(b) £8.51 £8.24 Regulation 68 Regulation 68(b)(i) £1,400 £1,444 Regulation 68(b)(ii) £1,400, both times it appears £1,444 Regulation 72 Regulation 72(2)(i) £4,034 £4,163 Regulation 72(2)(ii) £7,299 £7,533 Regulation 72(2)(iii) £6,210 £6,409 Regulation 72(2)(iv) £5,213 £5,380 Regulation 72(2) £8.44 £8.17 Regulation 72(3)(i) £3,645 £3,762 Regulation 72(3)(ii) £6,645 £6,858 Regulation 72(3)(iii) £5,399 £5,572 Regulation 72(3)(iv) £4,823 £4,977 Regulation 72(3) £8.44 £8.17 Regulation 72(6)(a) £4,034 £4,163 Regulation 72(6)(b) £7,299 £7,533 Regulation 72(6)(c) £6,210 £6,409 Regulation 72(6)(d) £5,213 £5,380 Regulation 72(7)(a) £3,645 £3,762 Regulation 72(7)(b) £6,645 £6,858 Regulation 72(7)(c) £5,399 £5,572 Regulation 72(7)(d) £4,823 £4,977 Regulation 72(8)(i) £4,034 £4,163 Regulation 72(8)(ii) £7,299 £7,533 Regulation 72(8)(iii) £6,210 £6,409 Regulation 72(8)(iv) £5,213 £5,380 Regulation 72(9)(i) £3,645 £3,762 Regulation 72(9)(ii) £6,645 £6,858 Regulation 72(9)(iii) £5,399 £5,572 Regulation 72(9)(iv) £4,823 £4,977 Regulation 74 Regulation 74(2)(i) £4,217 £4,352 Regulation 74(2)(ii) £7,611 £7,855 Regulation 74(2)(iii) £6,475 £6,682 Regulation 74(2)(iv) £5,440 £5,614 Regulation 74(2) £4.56 £4.42 Regulation 74(3)(i) £3,826 £3,948 Regulation 74(3)(ii) £6,930 £7,152 Regulation 74(3)(iii) £5,630 £5,810 Regulation 74(3)(iv) £5,034 £5,195 Regulation 74(3) £4.56 £4.42 Regulation 74(6)(a) £4,217 £4,352 Regulation 74(6)(b) £7,611 £7,855 Regulation 74(6)(c) £6,475 £6,682 Regulation 74(6)(d) £5,440 £5,614 Regulation 74(7)(a) £3,826 £3,948 Regulation 74(7)(b) £6,930 £7,152 Regulation 74(7)(c) £5,630 £5,810 Regulation 74(7)(d) £5,034 £5,195 Regulation 74(8)(i) £4,217 £4,352 Regulation 74(8)(ii) £7,611 £7,855 Regulation 74(8)(iii) £6,475 £6,682 Regulation 74(8)(iv) £5,440 £5,614 Regulation 74(9)(i) £3,826 £3,948 Regulation 74(9)(ii) £6,930 £7,152 Regulation 74(9)(iii) £5,630 £5,810 Regulation 74(9)(iv) £5,034 £5,195 Regulation 76 Regulation 76(2)(i) £4,806 £4,960 Regulation 76(2)(ii) £8,432 £8,702 Regulation 76(2)(iii) £7,180 £7,410 Regulation 76(2)(iv) £6,043 £6,236 Regulation 76(2) £9.12 £8.84 Regulation 76(3)(i) £4,416 £4,557 Regulation 76(3)(ii) £7,679 £7,925 Regulation 76(3)(iii) £6,240 £6,440 Regulation 76(3)(iv) £5,620 £5,800 Regulation 76(3) £9.12 £8.84 Regulation 76(6) £42,641 £42,645 Regulation 76(6)(a) £4,806 £4,960 Regulation 76(6)(b) £8,432 £8,702 Regulation 76(6)(c) £7,180 £7,410 Regulation 76(6)(d) £6,043 £6,236 Regulation 76(7) £42,641 £42,645 Regulation 76(7)(a) £4,416 £4,557 Regulation 76(7)(b) £7,679 £7,925 Regulation 76(7)(c) £6,240 £6,440 Regulation 76(7)(d) £5,620 £5,800 Regulation 76(8) £42,641 £42,645 Regulation 76(8)(i) £4,806 £4,960 Regulation 76(8)(ii) £8,432 £8,702 Regulation 76(8)(iii) £7,180 £7,410 Regulation 76(8)(iv) £6,043 £6,236 Regulation 76(9) £42,641 £42,645 Regulation 76(9)(i) £4,416 £4,557 Regulation 76(9)(ii) £7,679 £7,925 Regulation 76(9)(iii) £6,240 £6,440 Regulation 76(9)(iv) £5,620 £5,800 Regulation 77 Regulation 77(2)(i) £4,034 £4,163 Regulation 77(2)(ii) £7,299 £7,533 Regulation 77(2)(iii) £6,210 £6,409 Regulation 77(2)(iv) £5,213 £5,380 Regulation 77(3)(i) £3,645 £3,762 Regulation 77(3)(ii) £6,645 £6,858 Regulation 77(3)(iii) £5,399 £5,572 Regulation 77(3)(iv) £4,823 £4,977 Regulation 80 Regulation 80(1)(b)(i) £1,915 £1,976 Regulation 80(1)(b)(ii) £3,585 £3,700 Regulation 80(1)(b)(iv) £2,553 £2,635 Regulation 80(1)(c)(i) £3,026 £3,122 Regulation 80(1)(c)(ii) £5,474 £5,650 Regulation 80(1)(c)(iii) £4,658 £4,807 Regulation 80(1)(c)(iv) £3,910 £4,035 Regulation 80(1)(d)(i) £3,036 £3,133 Regulation 80(1)(d)(ii) £5,480 £5,656 Regulation 80(1)(d)(iii) £4,662 £4,811 Regulation 80(1)(d)(iv) £3,917 £4,042 Regulation 80(1)(e)(i) £3,124 £3,224 Regulation 80(1)(e)(ii) £5,481 £5,656 Regulation 80(1)(e)(iii) £4,667 £4,817 Regulation 80(1)(e)(iv) £3,930 £4,056 Regulation 80(1)(f)(i) £3,124 £3,224 Regulation 80(1)(f)(ii) £5,479 £5,654 Regulation 80(1)(f)(iii) £4,667 £4,816 Regulation 80(1)(f)(iv) £3,928 £4,054 Regulation 80(2)(b)(i) £1,454 £1,501 Regulation 80(2)(b)(ii) £2,743 £2,831 Regulation 80(2)(b)(iv) £1,990 £2,054 Regulation 80(2)(c)(i) £2,734 £2,822 Regulation 80(2)(c)(ii) £4,984 £5,144 Regulation 80(2)(c)(iii) £4,049 £4,179 Regulation 80(2)(c)(iv) £3,617 £3,733 Regulation 80(2)(d)(i) £2,755 £2,843 Regulation 80(2)(d)(ii) £4,990 £5,149 Regulation 80(2)(d)(iii) £4,054 £4,183 Regulation 80(2)(d)(iv) £3,624 £3,740 Regulation 80(2)(e)(i) £2,870 £2,962 Regulation 80(2)(e)(ii) £4,991 £5,151 Regulation 80(2)(e)(iii) £4,056 £4,186 Regulation 80(2)(e)(iv) £3,653 £3,770 Regulation 80(2)(f)(i) £2,870 £2,962 Regulation 80(2)(f)(ii) £4,991 £5,151 Regulation 80(2)(f)(iii) £4,055 £4,185 Regulation 80(2)(f)(iv) £3,652 £3,769 Regulation 80A Regulation 80A(2)(i) £7,097 £7,324 Regulation 80A(2)(ii) £11,002 £11,354 Regulation 80A(2)(iii) £9,654 £9,963 Regulation 80A(2)(iv) £8,430 £8,700 Regulation 80A(2)(i) £8.36 £8.10 Regulation 80A(2)(ii) £8.12 £7.87 Regulation 80A(2)(iii) £8.18 £7.93 Regulation 80A(2)(iv) £8.26 £8.01 Regulation 80A(3)(i) £6,678 £6,892 Regulation 80A(3)(ii) £10,192 £10,518 Regulation 80A(3)(iii) £8,641 £8,918 Regulation 80A(3)(iv) £7,973 £8,228 Regulation 80A(3)(i) £8.36 £8.10 Regulation 80A(3)(ii) £8.12 £7.87 Regulation 80A(3)(iii) £8.18 £7.93 Regulation 80A(3)(iv) £8.26 £8.01 Regulation 80B Regulation 80B(2)(i) £8,372 £8,640 Regulation 80B(2)(ii) £11,998 £12,382 Regulation 80B(2)(iii) £10,746 £11,090 Regulation 80B(2)(iv) £9,609 £9,916 Regulation 80B(2)(i) £5.237 £5.075 Regulation 80B(2)(ii) £5.59 £5.418 Regulation 80B(2)(iii) £5.454 £5.286 Regulation 80B(2)(iv) £5.346 £5.185 Regulation 80B(2)(i) £8.36 £8.10 Regulation 80B(2)(ii) £8.12 £7.87 Regulation 80B(2)(iii) £8.18 £7.93 Regulation 80B(2)(iv) £8.26 £8.01 Regulation 80B(3)(a) £4,806 £4,960 Regulation 80B(3)(b) £8,432 £8,702 Regulation 80B(3)(c) £7,180 £7,410 Regulation 80B(3)(d) £6,043 £6,236 Regulation 80B(4)(i) £7,982 £8,237 Regulation 80B(4)(ii) £11,244 £11,604 Regulation 80B(4)(iii) £9,805 £10,119 Regulation 80B(4)(iv) £9,185 £9,479 Regulation 80B(4)(i) £5.193 £5.033 Regulation 80B(4)(ii) £5.494 £5.324 Regulation 80B(4)(iii) £5.337 £5.173 Regulation 80B(4)(iv) £5.294 £5.133 Regulation 80B(4)(i) £8.36 £8.10 Regulation 80B(4)(ii) £8.12 £7.87 Regulation 80B(4)(iii) £8.18 £7.93 Regulation 80B(4)(iv) £8.26 £8.01 Regulation 80B(5)(a) £4,416 £4,557 Regulation 80B(5)(b) £7,678 £7,924 Regulation 80B(5)(c) £6,239 £6,439 Regulation 80B(5)(d) £5,619 £5,799 Regulation 80C Regulation 80C(2) £3,566 £3,680 Regulation 80C(2) £5.31 £5.15 Regulation 81 Regulation 81(5)(a) £59 £61 Regulation 81(5)(b) £116 £120 Regulation 81(5)(c) £125 £129 Regulation 81(5)(d) £90 £93 Regulation 87 Regulation 87(4)(a) £59 £61 Regulation 87(4)(b) £116 £120 Regulation 87(4)(c) £125 £129 Regulation 87(4)(d) £90 £93 Regulation 105 Regulation 105(1)(a) £3,026 £3,122 Regulation 105(1)(b) £5,474 £5,650 Regulation 105(1)(c) £4,658 £4,807 Regulation 105(1)(d) £3,910 £4,035 Regulation 105(2)(a) £2,734 £2,822 Regulation 105(2)(b) £4,984 £5,144 Regulation 105(2)(c) £4,049 £4,179 Regulation 105(2)(d) £3,617 £3,733 Regulation 105(3)(a) £3,036 £3,133 Regulation 105(3)(b) £5,480 £5,656 Regulation 105(3)(c) £4,662 £4,811 Regulation 105(3)(d) £3,917 £4,042 Regulation 105(4)(a) £2,755 £2,843 Regulation 105(4)(b) £4,990 £5,149 Regulation 105(4)(c) £4,054 £4,183 Regulation 105(4)(d) £3,624 £3,740 Regulation 105(5)(a) £3,124 £3,224 Regulation 105(5)(b) £5,481 £5,656 Regulation 105(5)(c) £4,667 £4,817 Regulation 105(5)(d) £3,930 £4,056 Regulation 105(6)(a) £2,870 £2,962 Regulation 105(6)(b) £4,991 £5,151 Regulation 105(6)(c) £4,056 £4,186 Regulation 105(6)(d) £3,653 £3,770 Regulation 105(6A)(a) £3,124 £3,224 Regulation 105(6A)(b) £5,479 £5,654 Regulation 105(6A)(c) £4,667 £4,816 Regulation 105(6A)(d) £3,928 £4,054 Regulation 105(6B)(a) £2,870 £2,962 Regulation 105(6B)(b) £4,991 £5,151 Regulation 105(6B)(c) £4,055 £4,185 Regulation 105(6B)(d) £3,652 £3,769 Regulation 105(6C)(a) £3,124 £3,224 Regulation 105(6C)(b) £5,479 £5,654 Regulation 105(6C)(c) £4,667 £4,816 Regulation 105(6C)(d) £3,928 £4,054 Regulation 105(6D)(a) £2,870 £2,962 Regulation 105(6D)(b) £4,991 £5,151 Regulation 105(6D)(c) £4,055 £4,185 Regulation 105(6D)(d) £3,652 £3,769 Regulation 141 Regulation 141(1)(b) £288 £297 Regulation 142 Regulation 142(2)(a) £879 £907 Regulation 142(2)(b) £1,054 £1,088 Regulation 142(2)(c) £1,321 £1,363 Regulation 142(3)(g) £8.55 £8.24 Regulation 142(4)(a) £11.01 £10.62 Regulation 142(4)(a) £8.99 £8.68 Regulation 142(4)(a) £7.02 £6.79 Regulation 147 Regulation 147(6)(a) £15,978 £16,489 Regulation 147(6)(b) £5,358 £5,529 Regulation 147(6)(d) £1,342 £1,385 Regulation 166 Regulation 166(2) £10,652 £10,993 Schedule 4 Paragraph 9A(2)(a)(i) £8.36 £8.10 Paragraph 9A(2)(a)(i) £2,138 £2,206 Paragraph 9A(2)(a)(ii) £8.12 £7.87 Paragraph 9A(2)(a)(ii) £2,201 £2,271 Paragraph 9A(2)(a)(iii) £8.18 £7.93 Paragraph 9A(2)(a)(iii) £2,185 £2,254 Paragraph 9A(2)(a)(iv) £8.26 £8.01 Paragraph 9A(2)(a)(iv) £2,164 £2,231 Paragraph 9A(3)(a)(i) £8.36 £8.10 Paragraph 9A(3)(a)(ii) £8.12 £7.87 Paragraph 9A(3)(a)(iii) £8.18 £7.93 Paragraph 9A(3)(a)(iv) £8.26 £8.01
SCHEDULE 2
Institutions to whom regulations 23(4A) and 145(2)(c) of the Education (Student Support) Regulations 2011 apply
Regulation 8
SCHEDULE 5
Institutions to whom regulations 23(4A) and 145(2)(c) of the Education (Student Support) Regulations 2011 apply
Regulations 23 and 145
The institutions to whom regulations 23(4A) and 145(2)(c) of the Education (Student Support) Regulations 2011 apply are—
ABI College Limited
Access to Music Limited
ALRA
Architectural Association (Incorporated)
Assemblies of God Incorporated
BIMM Limited
BPP University Limited
Brit College Limited
Bristol Baptist College
Cambridge Arts & Sciences Limited
City And Guilds of London Art School Limited
CWR
East End Computing & Business College Limited
Fairfield School of Business Ltd
Futureworks Training Limited
Grafton College Limited
Hy Education Limited
ICMP Management Limited
Kaplan Open Learning (Essex) Limited
KLC Limited
Kensington Education Foundation Limited
London Bridge Business Academy Limited
London School of Business and Management Limited
London School of Management Education Limited
London School of Science & Technology Limited
London School of Theology
London Studio Centre Limited
Luther King House Educational Trust
Met Film School Limited
Moorlands College
Nazarene Theological College
Nelson College London Limited
Norland College Limited
Northern College of Acupuncture
Oxford Business College UK Limited
Pearson College Limited
Point Blank Limited
Richmond, the American International University in London, Inc.
RTC Education Limited
SAE Education Limited
Spurgeon’s College
St. Patrick’s International College Limited
Stratford College London Limited
Tertiary Education Services Limited
The Academy of Contemporary Music Limited
The Chicken Shed Theatre Trust
The Edward James Foundation Limited
The Kingham Hill Trust
The London Institute of Banking & Finance
The Queen’s Foundation for Ecumenical Theological Education
The Salvation Army
The University of Buckingham
The University Of Law Limited
Trinity College (Bristol) Limited
UCK Limited
UK College of Business and Computing Ltd
University College of Estate Management.
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Education (Student Support) Regulations 2011 ( S.I. 2011/1986 ) (“the Student Support Regulations”), the Education (Postgraduate Master’s Degree Loans) Regulations 2016 ( S.I. 2016/606 ) (“the Postgraduate Regulations”), the Student Fees (Qualifying Courses and Persons) (England) Regulations 2007 ( S.I. 2007/778 ) (“the Qualifying Courses Regulations”), the Education (Fees and Awards) (England) Regulations 2007 ( S.I. 2007/779 ) (“the Fees and Awards Regulations”) and the Education (Student Support) (European University Institute) Regulations 2010 ( S.I. 2010/447 ) (“the European University Institute Regulations”).
The principal amendments which these Regulations make to the Student Support Regulations are as follows.
Paragraphs (1) and (2) of regulation 3 amend regulations 13 and 40 of the Student Support Regulations respectively so that a person in the armed forces or a family member of such a person may still qualify for a fee loan and the disabled students’ allowance if they are undertaking a full-time distance learning course on the first day of the first academic year of the course outside England but within the United Kingdom. Regulation 3(3) makes a similar amendment to regulation 144 of the Student Support Regulations in respect of fee loans for part-time distance learning courses.
Regulation 4(1) amends regulation 19 of the Student Support Regulations to allow the Secretary of State the discretion to determine that, in exceptional circumstances, students who fall within regulation 19(3A) and (9A) qualify for a fee loan in respect of any academic years of the current full-time course, irrespective of whether the student has already completed those academic years. Paragraphs (2), (3) and (4) of regulation 4 make similar amendments to regulations 69, 141 and 144 of the Student Support Regulations in respect of loans for living costs for full-time courses, grants for part-time courses beginning before 1st September 2012 and fee loans for part-time courses beginning on or after 1st September 2012, respectively.
Regulation 5 of, and Schedule 1 to, these Regulations update the amount of loan and grant in relation to an academic year which begins on or after 1st August 2018.
Part 10 of the Student Support Regulations deals with the provision of support to students undertaking designated distance learning courses. Regulation 6 of these Regulations revokes Part 10 and makes amendments consequential upon that revocation.
The amendments made to the Student Support Regulations by regulation 7 create a new category of eligible student: persons granted stateless leave and family members of such persons.
Regulation 8 substitutes Schedule 5 to the Student Support Regulations to update the list of private and non-regulated institutions that have a Teaching Excellence and Student Outcomes Framework award for an academic year which begins on or after 1st August 2018.
Regulation 9 amends regulation 2(1) of the Student Support Regulations to remove an obsolete reference in the definition of “end-on course”.
These Regulations make the following amendments to the Postgraduate Regulations.
Regulation 11 amends the description of an eligible student in regulation 3 of the Postgraduate Regulations to ensure that a person in the armed forces or a family member of such a person may still qualify for support under the Postgraduate Regulations if they are undertaking a distance learning course outside England on the first day of the first academic year of the course but within the United Kingdom.
Regulation 12 amends regulation 12 of the Postgraduate Regulations to increase the amount of the postgraduate master’s degree loan.
Regulation 13 makes amendments to regulation 3 of the Postgraduate Regulations which are consequential upon the revocation of Part 10 of the Student Support Regulations.
Regulation 14 creates a new category of eligible student for the purposes of the Postgraduate Regulations: persons granted stateless leave and family members of such persons.
Regulation 15 amends Schedule 1 to the Postgraduate Regulations so that persons granted humanitarian protection and their families must be ordinarily resident in England on the first day of the first academic year of their course in order to qualify for support under the Regulations.
These Regulations make the following amendments to other sets of Regulations.
Regulation 16 of these Regulations amends the Schedule to the Qualifying Courses Regulations to ensure that persons granted stateless leave and family members of such persons may be qualifying persons under those Regulations.
The Fees and Awards Regulations provide that, in certain circumstances, it is lawful to discriminate between some or all of the persons mentioned in Schedule 1 to those Regulations and any other person. Regulation 17 of these Regulations inserts a new category of person into Schedule 1 to the Fees and Awards Regulations: persons granted stateless leave and family members of such persons.
Regulation 18 of these Regulations amends Schedule 1 to the European University Institute Regulations to ensure that persons granted stateless leave and family members of such persons may be eligible students under those Regulations.
An impact assessment has not been produced for this instrument as it has no impact on the costs of business, charities or the voluntary sector.
