The Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2007 No. 2263

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STATUTORY INSTRUMENTS

2007 No. 2263
EDUCATION, ENGLAND
The Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2007

	Made	27th July 2007
	Laid before Parliament	8th August 2007
	Coming into force	1st September 2007

The Secretary of State for Innovation, Universities and Skills makes the following Regulations in exercise of the powers conferred by sections 1 and 2 of the Education (Fees and Awards) Act 1983[1], sections 22, 42(6) and 43(1) of the Teaching and Higher Education Act 1998[2] and sections 24 and 47 of the Higher Education Act 2004[3]:

PART 1
GENERAL
Citation, commencement and interpretation
1. These Regulations may be cited as the Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2007 and come into force on 1st September 2007.

2. In these Regulations—

"Fees Regulations" means the Education (Fees and Awards) (England) Regulations 2007[

Amendment to the Fees Regulations, QCP Regulations and SSR 2007
     3. The Fees Regulations are amended in accordance with Part 2.

     4. The QCP Regulations are amended in accordance with Part 3.

     5. The SSR 2007 are amended in accordance with Part 4.

PART 2
AMENDMENTS TO THE FEES REGULATIONS
Amendment of regulation 2 of the Fees Regulations
6. In regulation 2 of the Fees Regulations—

Amendment of Schedule 1 to the Fees Regulations
7. In Schedule 1 to the Fees Regulations—

(a) in paragraph 3(d) for "European Economic Area and Switzerland", substitute "European Economic Area, Switzerland and the overseas territories";

(b) for paragraph 6, substitute—

" 6. —(1) A person who—

(b) subject to sub-paragraph (2), is ordinarily resident in the United Kingdom on the first day of the first academic year of the course; and

(c) has been ordinarily resident in the territory comprising the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course.

(2) Paragraph (b) of sub-paragraph (1) does not apply where the person falls within paragraph (a)(iv), (v) or (vi) of that sub-paragraph.";

(c) in paragraph 7(b) for "European Economic Area and Switzerland", substitute "European Economic Area, Switzerland and the overseas territories";

(d) in paragraph 8(1)(d) for "European Economic Area and Switzerland", substitute "European Economic Area, Switzerland and the overseas territories";

(e) in paragraph 9(1)—

(f) in paragraph 10(1)(d) for "European Economic Area and Switzerland", substitute "European Economic Area, Switzerland and the overseas territories";

(g) in paragraph 11(c) for "European Economic Area and Switzerland", substitute "European Economic Area, Switzerland and the overseas territories";

(h) in paragraph 12(c) for "European Economic Area, Switzerland and Turkey", substitute "European Economic Area, Switzerland, Turkey and the overseas territories".

PART 3
AMENDMENTS TO THE QCP REGULATIONS
Amendment of the Schedule to the QCP Regulations
8. In the Schedule to the QCP Regulations—

(2) Paragraph (b) of sub-paragraph (1) does not apply where the person falls within paragraph (a)(iv), (v) or (vi) of that sub-paragraph.";

(g) after paragraph 9, insert—

9A.

(2) Where a state accedes to the European Community after the first day of the first academic year of the course and a person is a national of that state, the requirement in paragraph (a) of sub-paragraph (1) to be an EC national other than a United Kingdom national on the first day of the first academic year of the course is treated as being satisfied.";

PART 4
AMENDMENTS TO THE SSR 2007
Amendment of regulation 2 to the SSR 2007
9. In regulation 2 of the SSR 2007—

" "current distance learning course" means the designated distance learning course in respect of which a person is applying for support;";

" "designated distance learning course" means a course designated by the Secretary of State under regulation 109C;";

" "disabled distance learning students' allowance" means the grant payable under regulation 109H;";

" "eligible distance learning student" has the meaning given in regulation 109A;";

Amendment of regulation 5 of the SSR 2007
10. In regulation 5 of the SSR 2007—

(a) after paragraph (6)(a), insert—

(b) for paragraph (11), substitute—

" (11) Where—

(b) as at the day before the academic year in respect of which A is applying for support begins, the refugee status of A or of his spouse, civil partner, parent or step-parent, as the case may be, has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),

A's status as an eligible or qualifying student terminates immediately before the first day of the academic year in respect of which he is applying for support.";

" (12) Where—

(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 with leave to enter or remain is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),

A's status as an eligible or qualifying student terminates immediately before the first day of the academic year in respect of which he is applying for support.".

Amendment of regulation 6 of the SSR 2007
11. In regulation 6 of the SSR 2007—

(a) in paragraph (1)—

(b) after paragraph (3), insert—

" (3A) Paragraph (1)(bb) does not apply where the person applying for support in connection with the course is—

Amendment of regulation 7 of the SSR 2007
12. In regulation 7(4)(a) of the SSR 2007 after "regulation 8", insert ", regulation 109M, regulation 109N".

Amendment of regulation 29 of the SSR 2007
13. In regulation 29 of the SSR 2007—

(a) for paragraph (5), substitute—

" (5) In the case of a designated course at Heythrop College, the amount of grant for fees in respect of an academic year is the lesser of—

(b) for paragraph (6), substitute—

" (6) In the case of a designated course at Guildhall School of Music and Drama, the amount of grant for fees in respect of an academic year is the lesser of—

Amendment of regulation 34 of the SSR 2007
14. In regulation 34 of the SSR 2007—

(a) in paragraph (1) after "compressed degree course", insert "or a designated distance learning course";

(b) in paragraph (2)(b) after "attendance on", insert "or, in the case of a designated distance learning course, undertaking".

Amendment of regulation 39 of the SSR 2007
15. After regulation 39(1)(a), insert—

Amendment of regulation 40 of the SSR 2007
16. For regulation 40 of the SSR 2007, substitute—

" 40. An eligible student qualifies for a grant to assist with the additional expenditure which the Secretary of State is satisfied that he is obliged to incur in connection with his attendance on a designated course by reason of a disability to which he is subject.".

Amendment of regulation 41 of the SSR 2007
17. In regulation 41(4)(a) of the SSR 2007 for "undertakes", substitute "attends".

Amendment of regulation 47 of the SSR 2007
18. In regulation 47(1) of the SSR 2007—

(a) at the beginning of sub-paragraph (a), insert "subject to sub-paragraph (m),";

(b) in sub-paragraph (g) for "and (k)", substitute ", (k) and (l)";

(c) after sub-paragraph (d), insert—

(d) after sub-paragraph (k), insert—

(m) subject to sub-paragraph (n), for the purposes of the definitions of "adult dependant" and "dependent child", the Secretary of State may treat an adult person or child as dependent on an eligible student if he is satisfied that the adult person or child—

(ii) is dependent on the eligible student and his partner together.

(n) the Secretary of State must not treat an adult person ("A") as dependent on an eligible student in accordance with sub-paragraph (m), if A is—

Insertion of a new Part in the SSR 2007
19. After regulation 109 of the SSR 2007, insert—

" PART 10A
SUPPORT FOR FULL-TIME DISTANCE LEARNING COURSES
Eligible distance learning students

109A.

—(1) An eligible distance learning student qualifies for support in connection with his undertaking a designated distance learning course subject to and in accordance with this Part.

(2) Subject to paragraph (3), a person is an eligible distance learning student in connection with a designated distance learning course if in assessing his application for support the Secretary of State determines that the person falls within one of the categories set out in Part 2 of Schedule 2.

(3) A person is not an eligible distance learning student if—

(b) he is in breach of any obligation to repay any loan;

(c) he has reached the age of 18 and has not ratified any agreement for a loan made with him when he was under the age of 18;

(d) he has, in the opinion of the Secretary of State, shown himself by his conduct to be unfitted to receive support; or

(e) subject to paragraph (5), he is a prisoner serving a custodial sentence.

(4) Paragraph (3)(a) does not apply if—

    (5) Paragraph (3)(e) does not apply in respect of an academic year during which the student enters prison to serve a custodial sentence or is released from prison having served such a sentence.

    (6) For the purposes of paragraphs (3)(b) and (3)(c), "loan" means a loan made under the student loans legislation.

    (7) In a case where the agreement for a loan is subject to the law of Scotland, paragraph (3)(c) only applies if the agreement was made—

(8) Despite paragraphs (2) and (3) and subject to paragraphs (11) to (13), a person is an eligible distance learning student for the purposes of this Part if he satisfies the conditions in paragraph (9) or (10).

(9) The conditions in this paragraph are—

(10) The conditions in this paragraph are—

(b) the person's status as an eligible student, eligible distance learning student or as an eligible part-time student in connection with the course referred to in sub-paragraph (a) has been converted or transferred from that course to the current designated distance learning course as a result of one or more conversions or transfers in accordance with regulations made by the Secretary of State under section 22 of the 1998 Act;

(c) the person was not ordinarily resident in Wales on the first day of the first academic year of the course referred to in sub-paragraph (a); and

(d) the person's status as an eligible distance learning student has not terminated.

(11) Where—

A's status as an eligible distance learning student terminates immediately before the first day of the academic year in respect of which he is applying for support.

(12) Where—

A's status as an eligible distance learning student terminates immediately before the first day of the academic year in respect of which he is applying for support.

(13) Paragraphs (11) and (12) do not apply where the student began the course in connection with which the Secretary of State determined that he was an eligible student or eligible part-time student, as the case may be, before 1st September 2007.

(14) An eligible distance learning student may not, at any one time, qualify for support for—

Students becoming eligible during the course of the academic year
109B. —(1) Where one of the events listed in paragraph (4) occurs in the course of an academic year—

(a) a student may qualify for a grant in respect of fees in respect of that academic year in accordance with this Part provided that the relevant event occurred within the first three months of the academic year; and

(b) a grant in respect of fees is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.

(2) Where one of the events listed in sub-paragraphs (a), (b), (e), (f), (g), (h) or (i) of paragraph (4) occurs in the course of an academic year—

(a) a student may qualify for a grant for books, travel and other expenditure in respect of that academic year in accordance with this Part; and

(b) a grant for books, travel and other expenditure is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.

(3) Where one of the events listed in sub-paragraphs (a), (b), (e), (f), (g), (h) or (i) of paragraph (4) occurs in the course of an academic year—

(a) a student may qualify for disabled distance learning students' allowance in respect of that academic year in accordance with this Part; and

(b) disabled distance learning students' allowance is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.

(4) The events are—

(a) the student's course becomes a designated distance learning course;

(b) the student, his spouse, his civil partner or his parent is recognised as a refugee or becomes a person with leave to enter or remain;

(c) a state accedes to the European Community and the student is a national of that state or a family member (as defined in Part 1 of Schedule 2) of a national of that state;

(d) the student becomes a family member (as defined in Part 1 of Schedule 2) of an EC national;

(e) the state of which the student is a national accedes to the European Community where the student has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the first academic year of the course;

(f) the student acquires the right of permanent residence;

(g) the student becomes a person described in paragraph 6(1)(a) of Schedule 2;

(h) the student becomes the child of a Swiss national; or

(i) the student becomes the child of a Turkish worker.

Designated distance learning courses
109C. —(1) A course is designated for the purposes of section 22(1) of the 1998 Act and regulation 109A if it is designated by the Secretary of State under this regulation.

(2) Subject to paragraph (4), the Secretary of State may designate a course under this regulation if in his opinion—

(a) the course is mentioned in Schedule 3 other than a course for the initial training of teachers;

(b) the course is a full-time course;

(c) the course is of at least one academic year's duration; and

(d) students undertaking the course in the United Kingdom are not required to be in attendance on it by the institution or institutions providing the course.

(3) For the purposes of determining whether the requirement in paragraph (2)(d) is satisfied the Secretary of State may disregard—

(a) any requirement imposed by the institution or institutions providing the course to attend any institution for the purposes of—

(b) any requirement imposed by the institution or institutions providing the course to attend any institution on a weekend or during any vacation;

(c) any period of attendance at the institution or institutions providing the course which a student may but is not required to complete by that institution or those institutions.

(4) The Secretary of State may not designate a course as a designated distance learning course if—

(a) it falls within paragraph 7 or 8 of Schedule 3; and

(b) the governing body of a maintained school has arranged for the provision of the course to a pupil of the school.

Period of eligibility
     109D. —(1) A student retains his status as an eligible distance learning student in connection with a designated distance learning course until the status terminates in accordance with this regulation and regulation 109A.

    (2) The period for which an eligible distance learning student retains his status is the "period of eligibility".

    (3) Subject to the following paragraphs and regulation 109A, the period of eligibility terminates at the end of the academic year in which the eligible distance learning student completes the designated distance learning course.

    (4) The period of eligibility terminates when the eligible distance learning student—

(a) withdraws from his designated distance learning course in circumstances where the Secretary of State has not transferred or converted or will not transfer or convert his status under regulation 109L, regulation 109M, regulation 109N, regulation 109O or regulation 123; or

(b) abandons or is expelled from his designated distance learning course.

(5) The Secretary of State may terminate the period of eligibility where the eligible distance learning student has shown himself by his conduct to be unfitted to receive support.

(6) If the Secretary of State is satisfied that an eligible distance learning student has failed to comply with any requirement to provide information under this Part or has provided information which is inaccurate in a material particular, the Secretary of State may take such of the following actions as he considers appropriate in the circumstances—

(a) terminate the period of eligibility;

(b) determine that the student no longer qualifies for any particular support or particular amount of support;

(c) treat any support paid to the student as an overpayment which may be recovered under regulation 109R.

(7) Where the period of eligibility terminates before the end of the academic year in which the eligible distance learning student completes the designated distance learning course the Secretary of State may, at any time, renew or extend the period of eligibility for such period as he determines.

Support for distance learning courses
109E. —(1) For the purposes of this regulation, the support available is—

(a) a grant in respect of fees not exceeding the lesser of the following amounts—

(b) a grant not exceeding £250 for books, travel and other expenditure in connection with the designated distance learning course.

(2) An eligible distance learning student does not qualify for support under paragraph (1)(b) if the only paragraph in Part 2 of Schedule 2 into which he falls is paragraph 9.

(3) An eligible distance learning student does not qualify for support under this regulation if—

(a) he is a disabled student; and

(b) there has been bestowed on him or paid to him in connection with the designated distance learning course—

    (4) An eligible distance learning student does not qualify for support under this regulation unless the Secretary of State considers that he is undertaking the designated distance learning course in England.

    (5) An eligible distance learning student does not qualify for support under this regulation if he has undertaken one or more distance learning courses for eight academic years in aggregate and he has received in respect of each of those academic years a loan or a grant of the kind described in paragraph (6).

    (6) The loans and grants are—

(a) a loan, a grant in respect of fees or a grant for books, travel and other expenditure each made in respect of an academic year of a distance learning course pursuant to regulations made under section 22 of the 1998 Act;

(b) a loan, a grant in respect of fees or a grant for books, travel and other expenditure each made in respect of an academic year of a distance learning course by the Department for Employment and Learning (Northern Ireland) pursuant to regulations made under Articles 3 and 8(4) of the Education (Student Support) (Northern Ireland) Order 1998; or

(c) a loan in respect of an academic year of a distance learning course made pursuant to regulations made under sections 73(f), 73B and 74(1) of the Education (Scotland) Act 1980.

(7) An eligible distance learning student does not qualify for support under this regulation if he holds a first degree from an educational institution in the United Kingdom.

(8) For the purposes of paragraph (7), a degree is not to be treated as a first degree where—

(a) it is a degree (other than an honours degree) that has been awarded to an eligible distance learning student who has completed the required modules, examinations or other forms of assessment for his first degree course; and

(b) the eligible distance learning student is registered to continue the course at the same educational institution after the award of his degree so as to obtain an honours degree on completion of the required modules, examinations or other form of assessment.

Amount of support
109F. —(1) Subject to paragraph (2) and regulation 109L(6), the amount of support payable in respect of an academic year is as follows—

(a) the maximum amount of support available under regulation 109E(1) is payable if at the date of his application the eligible distance learning student or his partner is entitled—

(b) where the relevant income is less than £15,700, the maximum amount of support available under regulation 109E(1) is payable;

(c) where the relevant income is £15,700, the maximum amount of support available under regulation 109E(1)(b) is payable together with £50 less than the maximum amount of support available under regulation 109E(1)(a);

(d) where the relevant income exceeds £15,700 but is less than £23,680, the maximum amount of support available under regulation 109E(1)(b) is payable and the amount of support payable under regulation 109E(1)(a) is the amount determined in accordance with paragraph (2);

(e) where the relevant income is £23,680, the maximum amount of support available under regulation 109E(1)(b) is payable and the amount of support payable under regulation 109E(1)(a) is £50;

(f) where the relevant income exceeds £23,680 but is less than £24,280, the maximum amount of support available under regulation 109E(1)(b) is payable and no support is payable under regulation 109E(1)(a);

(g) where the relevant income is £24,280 or more but less than £26,180, no support is available under regulation 109E(1)(a) and the amount of support payable under regulation 109E(1)(b) is the amount left after deducting from the maximum amount of support available under regulation 109E(1)(b) £1 for every complete £9.50 by which the relevant income exceeds £24,280;

(h) where the relevant income is £26,180, no support is payable under regulation 109E(1)(a) and the amount of support payable under regulation 109E(1)(b) is £50;

(i) where the relevant income exceeds £26,180, no support is payable under regulation 109E(1).

(2) Where paragraph (1)(d) applies, the amount of support payable under regulation 109E(1)(a) is determined by deducting from the maximum amount of support available under regulation 109E(1)(a) one of the following amounts—

(a) £50 plus a further £1 for each complete £7.60 by which the relevant income exceeds £15,700; or

(b) where the actual fees are less than £1,150, an amount equal to that left after deducting from the amount calculated under sub-paragraph (a) the difference between £1,150 and the actual fees (unless the amount is a negative number in which case the maximum amount of support available under regulation 109E(1)(a) is payable).

Interpretation of regulation 109F
109G. —(1) For the purposes of regulation 109F—

(a) subject to sub-paragraph (b), "partner" means any of the following—

(b) a person who would otherwise be a partner under sub-paragraph (a) is not to be treated as a partner if—

(2) Subject to paragraph (3), an eligible distance learning student's relevant income is equal to his financial resources in the preceding financial year less—

(i) £2,000 in respect of his partner;

(ii) £2,000 in respect of the only or eldest child who is dependent on the student or his partner; and

(iii) £1,000 in respect of each other child who is dependent on the student or his partner.

    (3) Where the Secretary of State is satisfied that an eligible distance learning student's financial resources in the preceding financial year are greater than his financial resources in the current financial year and that the difference between the two amounts is £1,000 or more, he may assess that student's financial resources by reference to those resources in the current financial year.

    (4) In this regulation, an eligible distance learning student's financial resources in a financial year means the aggregate of his income for that year together with the aggregate of the income for that year of any person who at the date of the application for support is the student's partner.

    (5) In this regulation—

(a) "child" in relation to an eligible distance learning student includes any child of his partner and any child for whom he has parental responsibility;

(b) "current financial year" means the financial year which includes the first day of the academic year in respect of which a person is being assessed for support;

(c) "dependent" means wholly or mainly financially dependent;

(d) "financial year" means the period of twelve months for which the income of the eligible distance learning student is computed for the purposes of the income tax legislation which applies to it;

(e) "income" means gross income from all sources excluding any tax credits awarded pursuant to any claims under section 3 of the Tax Credits Act 2002;

(f) "preceding financial year" means the financial year immediately preceding the current financial year;

(g) "specified designated distance learning course" means the course in respect of which the person is applying for support or, where the student's status as an eligible distance learning student has been transferred to the current designated distance learning course as a result of one or more transfers of that status by the Secretary of State from a distance learning course (the "initial course") in connection with which the Secretary of State determined the student to be an eligible distance learning student pursuant to regulations made under section 22 of the 1998 Act, the specified designated distance learning course is the initial course.

Disabled distance learning students' allowance
     109H. —(1) An eligible distance learning student qualifies in accordance with this Part for a grant to assist with the additional expenditure which the Secretary of State is satisfied he is obliged to incur by reason of a disability to which he is subject in respect of his undertaking a designated distance learning course.

    (2) An eligible distance learning student does not qualify for the grant under this regulation if the only paragraph in Part 2 of Schedule 2 into which he falls is paragraph 9.

    (3) An eligible distance learning student does not qualify for the grant under this regulation in respect of any academic year that is a bursary year.

    (4) An eligible distance learning student does not qualify for the grant under this regulation unless the Secretary of State considers that he is undertaking the designated distance learning course in England.

    (5) Subject to the following paragraphs, the amount of grant under this regulation is the amount that the Secretary of State considers appropriate in accordance with the student's circumstances.

    (6) The amount of the grant under this regulation must not exceed—

(a) £12,420 in respect of an academic year for expenditure on a non-medical personal helper;

(b) £4,905 in respect of all the academic years during the period of eligibility for expenditure on major items of specialist equipment;

(c) the additional expenditure incurred—

(d) £1,640 in respect of an academic year for any other expenditure including expenditure incurred for the purposes referred to in sub-paragraph (a) or (b) which exceeds the specified maxima.

Applications for support
109I. —(1) A person (the "applicant") must apply for support in connection with each academic year of a designated distance learning course by completing and submitting to the Secretary of State an application in such form as the Secretary of State may require.

(2) The application must be accompanied by—

(a) a declaration completed by the academic authority; and

(b) such additional documentation as the Secretary of State may require.

    (3) The Secretary of State may take such steps and make such inquiries as he considers necessary to determine whether the applicant is an eligible distance learning student, whether he qualifies for support and the amount of support payable, if any.

    (4) The Secretary of State must notify the applicant of whether he qualifies for support and, if he does qualify, the amount of support payable in respect of the academic year, if any.

    (5) The general rule is that the application must reach the Secretary of State within a period of six months beginning with the first day of the academic year of the course in respect of which it is submitted.

    (6) The general rule does not apply where—

(a) one of the events listed in paragraph (4) of regulation 109B occurs after the first day of the academic year in respect of which the applicant is applying for support, in which case the application must reach the Secretary of State within a period of six months beginning with the day on which the relevant event occurred;

(b) the applicant is applying for the disabled distance learning students' allowance, in which case the application must reach the Secretary of State as soon as is reasonably practicable; or

(c) the Secretary of State considers that having regard to the circumstances of the particular case the time limit should be relaxed, in which case the application must reach the Secretary of State not later than such date as he specifies.

Declarations provided by academic authorities
     109J. —(1) Subject to paragraph (2), the academic authority must, on the request of the applicant, complete a declaration in such form as may be required by the Secretary of State to accompany the application for support.

    (2) An academic authority is not required to complete a declaration if it is unable to give the confirmation required.

    (3) In this Part, "declaration" means—

(a) where the applicant is applying for support in connection with the designated distance learning course for the first time, a statement that—

(b) in any other case, a statement that—

(4) In this regulation, "course information" means—

(a) the amount of fees being charged in respect of the academic year in respect of which the applicant is applying for support;

(b) certification by the academic authority that it considers the applicant is undertaking the designated distance learning course in England; and

(c) in any case where the applicant is a disabled student, certification by the academic authority that it considers the applicant has chosen to undertake the designated distance learning course for a reason other than he is unable to attend a designated course for a reason which relates to his disability.

Information
109K. Schedule 4 deals with the provision of information.

Transfer of status
109L. —(1) Where an eligible distance learning student transfers to another distance learning course, the Secretary of State must transfer the student's status as an eligible distance learning student to that course where—

(a) he receives a request from the eligible distance learning student to do so;

(b) he is satisfied that one or more of the grounds for transfer in paragraph (2) applies; and

(c) the period of eligibility has not terminated.

(2) The grounds for transfer are—

(a) the eligible distance learning student starts to undertake another designated distance learning course at the institution;

(b) the eligible distance learning student starts to undertake a designated distance learning course at another institution; or

(c) after commencing a designated distance learning course for a first degree (other than an honours degree) the eligible distance learning student is, before the completion of that course, admitted to a designated distance learning course for an honours degree in the same subject or subjects at the institution.

    (3) Subject to paragraph (4), an eligible distance learning student who transfers under paragraph (1) shall receive in connection with the academic year of the course to which he transfers the remainder of the support for which the Secretary of State has determined he qualifies in respect of the academic year of the course from which he transfers.

    (4) The Secretary of State may re-assess the amount of support payable after the transfer.

    (5) An eligible student who transfers under paragraph (1) after the Secretary of State has determined his support in connection with the academic year of the course from which he is transferring but before he completes that year may not apply for another grant under regulation 109E(1)(b) or regulation 109H in connection with the academic year of the course to which he transfers.

    (6) Where a student transfers under paragraph (1), the maximum amount of support under regulation 109E(1)(a) in respect of the academic years to and from which he transfers is the amount of support available in connection with the course with the highest actual fees as defined in regulation 109E.

Conversion of status – eligible students not in attendance on a designated course
     109M. —(1) Where the Secretary of State determined before 1st September 2007 that a student—

(a) is an eligible student; but

(b) as he is undertaking but not in attendance, or treated as being in attendance, on a designated course—

the Secretary of State must convert his status to that of an eligible distance learning student in accordance with this regulation.

(2) The Secretary of State must convert the status of an eligible student to whom paragraph (1) applies to that of an eligible distance learning student where—

(3) The Secretary of State must determine, in accordance with this Part, the amount of support payable under regulation 109E in respect of the current academic year to a student whose status is converted under paragraph (2).

(4) The following applies to a student who falls within paragraph (1)(b)(i) and whose status is converted under paragraph (2)—

(c) where an amount of disabled students' allowance for any purpose has been paid to the student under Chapter 3 of Part 5 before 1st September 2007, the maximum amount of disabled distance learning students' allowance payable to him for that purpose for the current academic year is reduced by the amount of grant paid to him for that purpose pursuant to Chapter 3 of Part 5, and where the resulting amount is nil or a negative amount that amount is nil.

(2) In this regulation "current academic year" means an academic year beginning on or after 1st September 2007 but before 1st September 2008.

Conversion of status – eligible students transferring to designated distance learning courses
109N. —(1) Subject to paragraph (2), where an eligible student ceases to undertake a designated course and transfers to a designated distance learning course at the same or at another institution, the Secretary of State must convert his status as an eligible student to that of an eligible distance learning student in connection with the course to which he is transferring where—

(a) he receives a request from the eligible distance learning student to do so; and

(b) the period of eligibility has not terminated.

(2) This regulation does not apply to a student to whom regulation 109M applies.

(3) The following applies to a student who transfers under paragraph (1)—

(a) where the Secretary of State has determined to pay an amount of disabled students' allowance to the student under Chapter 3 of Part 5 in periodic instalments, no payment in respect of that amount of grant must be made in respect of any instalment period beginning after the date on which the student becomes an eligible distance learning student;

(b) the maximum amount of disabled distance learning students' allowance to which the student would, apart from this regulation, be entitled in connection with his undertaking a designated distance learning course in respect of that academic year is reduced by one third where the student became an eligible distance learning student in the second quarter of the academic year and by two thirds where he became such a student in a later quarter of that year;

(c) where an amount of disabled students' allowance for any purpose has been paid to the student under Chapter 3 of Part 5 in a single instalment, the maximum amount of disabled distance learning students' allowance payable to him for that purpose is reduced (or, where sub-paragraph (b) applies, further reduced) by the amount of grant paid to him for that purpose pursuant to Chapter 3 of Part 5, and where the resulting amount is nil or negative amount that amount is nil; and

(d) where immediately before he became an eligible distance learning student he was eligible to apply, but had not applied for a loan for living costs in respect of that year, or had not applied for the maximum amount of increased maximum to which he was entitled, he may apply for such a loan or such additional amount of loan as if he had continued to be an eligible student; and in the circumstances mentioned in paragraph (4) the maximum amount or increase maximum amount of such loan for the academic year is reduced in accordance with that paragraph.

(4) Where the request under paragraph (1) is made during the first quarter of the academic year in respect of which the loan is payable the maximum amount or increased maximum amount of loan (as the case may be) is reduced by two thirds, and where the request is made during the second quarter of that year that amount is reduced by one third.

Conversion of status – eligible distance learning students transferring to designated courses
109O. —(1) Where an eligible distance learning student ceases to undertake a designated distance learning course and transfers to a designated course at the same or at another institution, the Secretary of State must convert his status as an eligible distance learning student to that of an eligible student in connection with the course to which he is transferring where—

(a) he receives a request from the eligible distance learning student to do so; and

(b) the period of eligibility has not terminated.

(2) The following applies to a student who transfers under paragraph (1)—

(a) where the Secretary of State has determined to pay an amount of disabled distance learning students' allowance to the student in periodic instalments no payment in respect of that amount of grant must be made in respect of any instalment period beginning after the date on which the student became an eligible student;

(b) any support to which the student is entitled under this Part in respect of the academic year in which the student transfers is ignored in determining the amount of support to which he may be entitled in respect of that year under Parts 4 to 6;

(c) the maximum amount of any support under Part 5 or 6 to which the student would, apart from this regulation, be entitled in connection with a designated course in respect of that academic year is reduced by one third where the student became an eligible student during the second quarter of that academic year and by two thirds where he became such a student in a later quarter of that year; and

(d) where an amount of disabled distance learning students' allowance for any purpose has been paid to the student in a single instalment, the maximum amount of disabled students' allowance payable to him under Chapter 3 of Part 5 for that purpose is reduced (or, where sub-paragraph (c) applies, further reduced) by the amount of disabled distance learning students' allowance paid to him for that purpose and where the resulting amount is nil or a negative amount that amount is nil.

Payment of grants for fees
     109P. —(1) Subject to paragraphs (2) and (3), the Secretary of State must pay the grant in respect of fees for which the student qualifies to the appropriate academic authority after a valid request for payment has been received.

    (2) The Secretary of State may make payments under paragraph (1) at such times and in such instalments as he sees fit.

    (3) The Secretary of State may make provisional payments under paragraph (1) in such cases as he deems appropriate.

Payment of grants for books, travel and other expenditure and disabled distance learning students' allowance
     109Q. —(1) Payments of the grant for books, travel and other expenditure and the disabled distance learning students' allowance may be made in such manner as the Secretary of State considers appropriate and he may make it a condition of entitlement to payment that the eligible distance learning student must provide him with particulars of a bank or building society account in the United Kingdom into which payments may be made by electronic transfer.

    (2) Where the Secretary of State cannot make a final assessment on the basis of the information provided by the student, he may make a provisional assessment and payment of the grant for books, travel and other expenditure and the disabled distance learning students' allowance.

    (3) The Secretary of State may pay the grant for books, travel and other expenditure and the disabled distance learning students' allowance in instalments.

    (4) Subject to paragraph (5), the Secretary of State may pay the grant for books, travel and other expenditure and the disabled distance learning students' allowance at such times as he considers appropriate.

    (5) The Secretary of State must not pay the first instalment or, where it has been determined not to pay support in instalments, make any payment of the grant for books, travel and other expenditure or the disabled distance learning students' allowance before he has received a declaration under regulation 109J unless an exception applies.

    (6) An exception applies if—

(a) a disabled distance learning students' allowance is payable in which case that particular grant may be paid before the Secretary of State has received a declaration;

(b) the Secretary of State has determined that owing to exceptional circumstances it would be appropriate to make a payment without receiving a declaration.

Overpayments
     109R. —(1) Any overpayment of a grant in respect of fees is recoverable by the Secretary of State from the academic authority.

    (2) An eligible distance learning student must, if so required by the Secretary of State, repay any amount paid to him under this Part which for whatever reason exceeds the amount of grant to which he is entitled under this Part.

    (3) The Secretary of State must recover an overpayment of grant for books, travel and other expenditure and disabled distance learning students' allowance unless he considers that it is not appropriate to do so.

    (4) The methods of recovery are—

(a) subtracting the overpayment from any kind of grant 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) taking such other action for the recovery of an overpayment as is available to the Secretary of State.

    (5) A payment of the disabled distance learning students' allowance made before the relevant date is an overpayment if the student withdraws from the course before the relevant date unless the Secretary of State decides otherwise.

    (6) In this regulation, the "relevant date" is the date on which the first term of the academic year in question actually begins.

    (7) In the circumstances set out in paragraph (8) or (9), there is an overpayment of the disabled distance learning students' allowance unless the Secretary of State decides otherwise.

    (8) The circumstances are—

(a) the Secretary of State applies all or part of the disabled distance learning students' allowance to the purchase of specialist equipment on behalf of the eligible distance learning student;

(b) the student's period of eligibility terminates after the relevant date; and

(c) the equipment has not been delivered to the student before the period of eligibility terminated.

(9) The circumstances are—

(a) the eligible distance learning student's period of eligibility terminates after the relevant date; and

(b) a payment of the disabled part-time students' allowance in respect of specialist equipment is made to the student after the period of eligibility terminated.

(10) Where there is an overpayment of the disabled distance learning students' allowance, the Secretary of State may accept the return of specialist equipment purchased with the grant by way of recovery of all or part of the overpayment if he considers it is appropriate to do so."

Amendment of regulation 110 of the SSR 2007
20. In regulation 110 of the SSR 2007—

(a) for paragraph (10), substitute—

" (10) Where—

A's status as an eligible part-time student terminates immediately before the first day of the academic year in respect of which he is applying for support.";

(b) for paragraph (11), substitute—

" (11) Where—

A's status as an eligible part-time student terminates immediately before the first day of the academic year in respect of which he is applying for support.";

Amendment of regulation 111 of the SSR 2007
21. In regulation 111 of the SSR 2007—

(a) in paragraph (2) after "f,", insert "(fa),";

(b) after paragraph (2), insert—

" (2A) Where one of the events listed in sub-paragraphs (a), (b), (e), (f), (fa), (g) or (h) of paragraph (3) occurs in the course of an academic year—

Amendment of regulation 119 of the SSR 2007
22. In regulation 119(6)(aa) of the SSR 2007 for "Schedule 1", substitute "Schedule 2".

Amendment of regulation 123 of the SSR 2007
23. In regulation 123 of the SSR 2007—

(a) after paragraph (4), insert—

" (4A) Where an eligible distance learning student ceases to undertake a designated distance learning course and transfers to a designated part-time course at the same or at another institution, the Secretary of State must convert the student's status as an eligible distance learning student to that of an eligible part-time student in connection with the course to which he is transferring where—

    (4B) Where, before completing the designated distance learning course, the student transfers to a part-time course in the same subject or subjects leading to the same qualification at the same institution, the part-time course is to be treated as satisfying regulation 112(1)(b) and (c) if the period of part-time study to be undertaken by the student is of at least one academic year's duration and does not exceed twice the period ordinarily required to complete the remainder of the designated distance learning course from which the student transfers.

    (4C) Subject to paragraph (4D), a student who transfers under paragraph (4A) shall receive in connection with the academic year of the course to which he transfers the remainder of the support for which the Secretary of State has determined he qualifies under Part 10A in respect of the academic year of the designated distance learning course from which he transfers.

    (4D) (4D)The Secretary of State may re-assess the amount of support payable after the transfer.

    (4E) An eligible student who transfers under paragraph (4A) after the Secretary of State has determined his support in connection with the academic year of the distance learning course from which he is transferring but before he completes that year—

(4F) Where a student transfers under paragraph (4A), the total amount of assistance paid to the student under regulations 109E(1)(a) and 114(1)(a) in respect of the academic years from and to which he transfers must not exceed the amount of support determined to be payable to the student under regulation 109E(1)(a).";

(b) after paragraph (6), insert—

" (6A) Where an eligible part-time student ceases to undertake a designated part-time course and transfers to a designated distance learning course at the same or at another institution, the Secretary of State must convert that student's status as an eligible part-time student to that of an eligible distance learning student in connection with the course to which he is transferring where—

    (6B) Subject to paragraph (6C), a student who transfers under paragraph (6A) shall receive in connection with the academic year of the course to which he transfers the remainder of the support for which the Secretary of State has determined he qualifies under Part 11 in respect of the academic year of the designated part-time course from which he transfers.

    (6C) The Secretary of State may re-assess the amount of support payable after the transfer.

    (6D) An eligible student who transfers under paragraph (6A) after the Secretary of State has determined his support in connection with the academic year of the distance learning course from which he is transferring but before he completes that year—

(6E) Where a student transfers under paragraph (6A), the total amount of assistance paid to the student under regulations 109E(1)(a) and 114(1)(a) in respect of the academic years from and to which he transfers must not exceed the maximum amount of support determined to be payable to the student under regulation 109E(1)(a).".

Amendment of regulation 127 of the SSR 2007
24. After regulation 127(15)(b) of the SSR 2007, insert—

Bill Rammell
Minister of State Department for Innovation, Universities and Skills

27 July 2007

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Education (Fees and Awards) (England) Regulations 2007 (S.I. 2007/779), the Student Fees (Qualifying Courses and Persons) (England) Regulations 2007 (S.I. 2007/778), as amended, and the Education (Student Support) Regulations 2007 (S.I. 2007/176), as amended (the "SSR 2007").

Amendments to the Education (Fees and Awards) (England) Regulations 2007 and the Student Fees (Qualifying Courses and Persons) (England>) Regulations 2007
These Regulations amend the Education (Fees and Awards) (England) Regulations 2007 ("the fees regulations") and the Student Fees (Qualifying Courses and Persons) (England) Regulations 2007 ("the QCP regulations") to enable residence in the overseas territories to be treated as qualifying residence in certain cases (Parts 2 and 3).

These Regulations also amend the fees regulations and the QCP regulations to make clear that students who move from the Islands to the United Kingdom for the purposes of undertaking their course will be treated as ordinarily resident in the Islands.

Amendments to the SSR 2007
The SSR 2007 provide for support for students taking designated higher education courses in respect of an academic year beginning on or after 1st September 2007.

As a result of the transfer of certain student support functions of the Secretary of State to the National Assembly for Wales under the Higher Education Act 2004, students who are ordinarily resident in Wales on the first day of the first academic year of their course do not qualify for support under the SSR 2007.

These Regulations amend the SSR 2007 to make provision for the payment of support to students who are undertaking designated distance learning courses in England. A designated distance learning course is a course which has been designated under the new regulation 109C by the Secretary of State (regulation 19).

The support payable to eligible distance learning students is set out in the new regulations 109E (grant in respect of fees and grant in respect of books, travel and other expenditure) and 109H (disabled distance learning students' allowance). Disabled distance learning students' allowance will be paid to students undertaking full-time distance learning courses under the new regulation 109H rather than disabled students' allowance under regulation 40.

Students previously in receipt of disabled students' allowance in connection with undertaking but not attending a designated course will have their status as eligible students converted to that of eligible distance learning students in accordance with the new regulation 109M. This provision will also apply to students who were previously determined to be eligible students but who did not qualify for support solely because they were not in attendance on a designated course.

These Regulations make various additional consequential amendments to the SSR 2007 in light of the introduction of the provision of support for eligible distance learning students.

These Regulations also amend regulation 29 of the SSR 2007 to make clear that an old system student attending a course at Guildhall School of Music and Drama or Heythrop College cannot qualify for a grant for fees which exceeds the actual fees payable by him (regulation 13).

These Regulations also amend regulation 47 of the SSR 2007 to clarify that an eligible student may qualify for a grant for dependants where the relevant dependant is dependent on him or him and his partner together (regulation 18).

These Regulations also make amendments to the SSR 2007 to correct typographical errors (regulations 21 and 22). Provision is also made to enable certain part-time students to qualify for disabled part-time students' allowance during the course of an academic year (regulation 21).

A full Regulatory Impact Assessment has not been produced for these Regulations as they have no impact on the costs of business.

Notes:

[1] 1983. c 40. Section 1 was amended by the Education Reform Act 1988 (c. 40), Schedule 12, paragraph 91; the Further and Higher Education Act 1992 (c. 13), Schedule 8, paragraph 19, the Education Act 1994 (c. 30), Schedule 2, paragraph 7; the Education Act 1996 (c.56), Schedule 37, paragraph 57, the Teaching and Higher Education Act 1998 (c. 30), Schedule 3, paragraph 5; the Learning and Skills Act 2000 (c. 21), Schedule 9, paragraph 11; the Education Act 2002 (c. 32), Schedule 21, paragraph 5 and the Education Act 2005 (c. 18) Schedule 14, paragraph 9. Section 2 was amended by the Teaching and Higher Education Act 1998, Schedule 4.back

[2] 1998 c.30; section 22 was amended by the Learning and Skills Act 2000 (c.21), section 126 and Schedule 11; the Income Tax (Earnings and Pensions) Act 2003 (c. 1), Schedule 6; the Finance Act 2003 (c. 14), section 147 and the Higher Education Act 2004 (c. 8), sections 42 and 43 and Schedule 7. In relation to Wales, the functions of the Secretary of State under section 22 of the Teaching and Higher Education Act 1998 were transferred to the National Assembly for Wales by section 44 of the Higher Education Act 2004 except so fat as they relate to the making of any provision authorised by subsection (2)(a), (c), (j) or (k), (3)(e) or (f) or (5) of section 22.back

[3] 2004 c. 8.back

[4] S.I. 2007/779.back

[5] S.I. 2007/778.back

[6] S.I. 2007/176, as amended by S.I. 2007/1336.back

ISBN 978 0 11 078352 9

Prepared 8 August 2007

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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2007 No. 2263 URL: http://www.bailii.org/uk/legis/num_reg/2007/20072263.html