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The Education (Student Support) Regulations 2009

Type Statutory-Instrument

Publication 2009-06-23

State In force

Department Queen's Printer of Acts of Parliament

Source legislation.gov.uk

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$$( OD+1 )−PC$ where OD is the number of academic years that make up the ordinary duration of the course PCis the number of academic years that the student has spent on previous courses.$

(2) For the purposes of this regulation, a “current system student who has studied on a previous course” includes a current system student whose status as an eligible student has been transferred to the current course as a result of one or more transfers of that status by the Secretary of State pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act from a designated course which—

(a) is a previous course; and

(b) the student began on or after 1st September 2006.

Standard entitlement of current system students on end-on courses and certain degree courses

23

(1) Where the current course began before 1st September 2009, this regulation applies to—

(a) a current system student who is on an end-on course of the kind described in paragraph (a) or (b) of the definition of “end-on course” in regulation 2;

(b) a current system student who—

(i) has completed a full-time course mentioned in paragraph 2 or 3 of Schedule 2;

(ii) is on a full-time first degree course (other than a first degree course for the initial training of teachers) that the student did not begin immediately after the course referred to in paragraph (i); and

(iii) has not taken a full-time first degree course after the course referred to in paragraph (i) and before the current course;

(i) has completed a full-time foundation degree course;

(ii) is on a full-time honours degree course that the student did not begin immediately after the course referred to in paragraph (i); and

(iii) has not taken a full-time first degree course after the course referred to in paragraph (i) and before the current course.

(2) Where the current course begins on or after 1st September 2009, this regulation applies to–

(a) a current system student who is on an end-on course of the kind described in paragraph (d) of the definition of “end-on course” in regulation 2;

(b) a current system student who—

(i) has completed a full-time, part-time, full-time distance learning or compressed degree course and achieved a lower level qualification;

(ii) is on a full-time first degree course (other than a first degree course for the initial training of teachers) that the student did not begin immediately after the course referred to in paragraph (i); and

(iii) has not taken a full-time first degree course after the course referred to in paragraph (i) and before the current course.

(3) Regulations 21 and 22 do not apply to students to whom this regulation applies.

(4) The standard entitlement of a student to whom paragraph (1) applies is calculated as follows—

$$( D+X )−Pr⁡C$ where D is the greater of 3 and the number of academic years that make up the ordinary duration of the course X is 1 where the ordinary duration of the preliminary course was less than three years and 2 where the ordinary duration of the preliminary course was three years PrC is the number of academic years that the student spent on the preliminary course excluding any years of repeat study for compelling personal reasons.$

(5) The standard entitlement of a student to whom paragraph (2) applies is calculated as follows–-

$$( D+X )−Pr⁡C$ where D is the greater of 3 and the number of academic years that make up the ordinary duration of the course Xis – where the ordinary duration of the preliminary course was less than three years, where the ordinary duration of the preliminary course was three years, where the ordinary duration of the preliminary course was four years, where the ordinary duration of the preliminary course was five years, and where the ordinary duration of the preliminary course was six years PrCis the number of academic years that the student spent on the preliminary course excluding any years of repeat study for compelling personal reasons.$

Amount of the fee loan

24

(1) Unless one of the cases set out in paragraph (3) applies, the amount of a fee loan in respect of an academic year of a designated course must not exceed the lesser of—

(a) £3,290; and

(b) the fees payable by the student in connection with that year.

(2) In the cases set out in paragraph (3), the amount of a fee loan in respect of an academic year of a designated course must not exceed the lesser of—

(a) £1,640; and

(b) the fees payable by the student in connection with that year.

(3) The cases are—

(a) the final academic year of a designated course where that academic year is normally required to be completed after less than 15 weeks’ attendance;

(b) in respect of a sandwich course, an academic year—

(i) during which any periods of full-time study are in aggregate less than 10 weeks; or

(ii) if in respect of that academic year and any previous academic years of the course the aggregate of any one or more periods of attendance which are not periods of full-time study at the institution (disregarding intervening vacations) exceeds 30 weeks;

(i) began before 1st September 2010; or

(ii) begins on or after 1st September 2010 where the student transfers to the current course pursuant to regulation 8 from a course for the initial training of teachers beginning before 1st September 2010,

an academic year during which any periods of full-time study are in aggregate less than 10 weeks;

(d) in respect of a course provided in conjunction with an overseas institution, an academic year—

(i) during which any periods of full-time study at the institution in the United Kingdom are in aggregate less than 10 weeks; or

(ii) if in respect of that academic year and any previous academic years of the course the aggregate of any one or more periods of attendance which are not periods of full-time study at the institution in the United Kingdom (disregarding intervening vacations) exceeds 30 weeks.

(4) If a student’s status as an eligible student is transferred from one designated course to another under these Regulations and the circumstances in paragraph (5) apply, the student may apply to the Secretary of State to borrow an additional amount by way of a fee loan in respect of the academic year of the course to which that student transfers.

(5) The circumstances are—

(a) the fees payable in respect of the academic year of the course to which the current system student transfers exceed the fees payable in respect of the academic year of the course from which the student is transferring; and

(b) the academic year of the course to which the current system student transfers does not begin on a later date than the academic year of the course from which the student is transferring.

(6) If a student’s status as an eligible student is transferred from one designated course to another under these Regulations and the circumstances in paragraph (7) apply, the student may apply to the Secretary of State for another fee loan in respect of the academic year of the course to which the student transfers.

(7) The circumstances are that the academic year of the course to which the current system student transfers begins on a later date than the academic year of the course from which that student is transferring.

(8) Where the circumstances in paragraph (5) apply, the maximum additional amount that the current system student may borrow in respect of the academic year to which that student transfers, provided that the student qualifies for a fee loan in respect of that year, is determined by deducting the amount of any fee loan the student has taken out under these Regulations in respect of the academic year from which the student is transferring from the lesser of—

(a) £3,290 or, where one of the cases set out in paragraph (3) applies, £1,640; and

(b) the fees payable by the student in respect of the academic year to which the student is transferring.

(9) Where the circumstances in paragraph (7) apply, the maximum amount of fee loan that a current system student may borrow in respect of the academic year to which that student transfers provided that the student qualifies for a fee loan in respect of that year is the lesser of—

(a) £3,290 or, where one of the cases set out in paragraph (3) applies, £1,640; and

(b) the fees payable by the student in connection with that year.

(10) Where a current system student has applied for a fee loan of less than the maximum amount available in relation to an academic year, that student may apply to borrow an additional amount which when added to the amount already applied for does not exceed the relevant maximum applicable in that student’s case.

CHAPTER 4 — GRANTS FOR FEES FOR OLD SYSTEM STUDENTS

Old system students who are continuing students

25

(1) This regulation applies to an old system student who began a designated course before 1st September 2006 and is continuing on that course after 31st August 2010 (a “continuing student”).

(2) A continuing student does not qualify for a grant for fees in respect of any academic year of the course that begins on or after 1st September 2010 where in the course of assessing an application for support in respect of an academic year of the designated course that began before 1st September 2006 the Secretary of State determined in accordance with regulations made by the Secretary of State under section 22 of the 1998 Act that the student did not qualify for fee support in respect of the designated course.

(3) A continuing student does not qualify for a grant for fees in respect of a designated course if the designated course is a flexible postgraduate course for the initial training of teachers.

(4) A continuing student does not qualify for a grant for fees in respect of an academic year of a designated course that is a bursary year or an Erasmus year.

(5) When assessing an application for support in respect of an academic year of the designated course, the Secretary of State must determine the “standard entitlement”.

(6) The standard entitlement is calculated as follows—

$$( SAY−X )+1$ where SAY is the number of standard academic years of the designated course that begin after 31st August 2006, Xis the number of academic years of the designated course that begin after 31st August 2006 in respect of which the Secretary of State determined in accordance with regulations made by the Secretary of State under section 22 of the 1998 Act that the student did not qualify for a grant for fees in the course of assessing an application for support in respect of an academic year of the designated course that began before 1st September 2006.$

(7) When assessing an application for support in respect of an academic year of the designated course, the Secretary of State must allocate a grant for fees from the standard entitlement first to the final standard academic year of the course and then to each preceding standard academic year in turn until the standard entitlement is exhausted or a grant for fees has been allocated to each standard academic year of the course.

(8) A continuing student qualifies for a grant for fees in respect of a standard academic year of the designated course if the Secretary of State allocates a grant for fees to that year when assessing the application for support for that year.

(9) The amount of the grant for fees in respect of an academic year is determined in accordance with regulation 31, 32 or 33 and may be nil.

Old system students who are transferring students

26

(1) Subject to paragraph (2), this regulation applies to an old system student who—

(a) began a designated course on or after 1st September 2006 and is continuing on that course after 31st August 2010; or

(b) begins a designated course on or after 1st September 2010,

and whose status as an eligible student has been transferred to the course as a result of one or more transfers of that status by the Secretary of State pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act from a designated course that the student began before 1st September 2006 (a “transferring student”).

(2) This regulation does not apply where an eligible student has transferred from a course in relation to which that student was a gap year student to another designated course in accordance with regulations made by the Secretary of State under section 22 of the 1998 Act.

(3) Where in the course of assessing an application for support in respect of an academic year of the relevant course, the Secretary of State determined in accordance with regulations made by the Secretary of State under section 22 of the 1998 Act that the student did not qualify for fee support in respect of that course, a transferring student does not qualify for a grant for fees in respect of any academic year of the current course.

(4) In this regulation, the “relevant course” is the designated course that the student was taking as at 31st August 2006.

(5) A transferring student does not qualify for a grant for fees in respect of a designated course if the designated course is an old flexible postgraduate course for the initial training of teachers.

(6) A transferring student does not qualify for a grant for fees in respect of an academic year of a designated course that is a bursary year or an Erasmus year.

(7) When assessing an application for support in respect of an academic year of a designated course, the Secretary of State must determine the “standard entitlement”.

(8) The standard entitlement is calculated as follows where the course began before 1st September 2007 and is not a course listed in paragraph (11)—

$$( RAY−X )+1$ where RAY is the number of standard academic years of the relevant course that remain after 31st August 2006, X is the number of academic years of the relevant course that remain after 31st August 2006 in respect of which the Secretary of State determined in accordance with regulations made by the Secretary of State under section 22 of the 1998 Act that the student did not qualify for a grant for fees in the course of assessing an application for support in respect of an academic year of the relevant course where that year began before 1st September 2006.$

(9) The standard entitlement is calculated as follows where the course begins on or after 1st September 2007 and is not a course listed in paragraph (11)—

$$( RAY−X−SS )+1$ where RAY is the number of standard academic years of the relevant course that remain after 31st August 2006, X is the number of academic years of the relevant course that remain after 31st August 2006 in respect of which the Secretary of State determined in accordance with regulations made by the Secretary of State under section 22 of the 1998 Act that the student did not qualify for a grant for fees in the course of assessing an application for support in respect of an academic year of the relevant course where that year began before 1st September 2006, SS is the number of academic years of study that the student has taken from and including 1st September 2006 in respect of which the student qualified for fee support (excluding any years of repeat study for compelling personal reasons) or which were bursary years or Erasmus years.$

(10) The standard entitlement is calculated as follows where the course is one listed in paragraph (11)—

$$OD+1$ where OD is the number of academic years that make up the ordinary duration of the designated course.$

(11) The courses are—

(a) a course for the degree (including an honours degree) of Bachelor of Education where the student has transferred to that course from a course for the Certificate in Education on or before the completion of the latter course;

(b) a course for the honours degree of Bachelor of Education where the student has transferred to that course from a course for the degree (other than an honours degree) of Bachelor of Education on or before the completion of the latter course.

(12) When assessing an application for support in respect of an academic year of a designated course, the Secretary of State must allocate a grant for fees from the standard entitlement first to the final standard academic year of the course and then to each preceding standard academic year in turn until the standard entitlement is exhausted or a grant for fees has been allocated to each standard academic year of the course.

(13) A transferring student qualifies for a grant for fees in respect of a standard academic year of the designated course if the Secretary of State allocates a grant for fees to that year when assessing the application for support for that year.

(14) The amount of the grant for fees in respect of an academic year is determined in accordance with regulation 31, 32 or 33 and may be nil.

Old system students who are on end-on courses

27

(1) An old system student who is on an end-on course of the kind described in paragraph (a) of the definition of “end-on course” in regulation 2 that the student began before 1st September 2006 qualifies for a grant for fees in respect of that course in accordance with regulation 25.

(2) An old system student who is on an end-on course of the kind described in paragraph (c) of the definition of “end-on course” in regulation 2 qualifies for a grant for fees in respect of that course in accordance with regulation 25.

(3) Paragraphs (4) to (10) apply to—

(a) an old system student in respect of an end-on course of the kind described in paragraph (a) of the definition of “end-on course” in regulation 2 that the student—

(i) began on or after 1st September 2006 and is continuing on after 31st August 2010; or

(ii) begins on or after 1st September 2010;

(b) an old system student in respect of an end-on course of the kind described in paragraph (b) of the definition of “end-on course” in regulation 2.

(4) An old system student to whom this paragraph applies does not qualify for fee support in respect of a course mentioned in paragraph (3) if the student has an honours degree from an institution in the United Kingdom and the exemptions in regulation 14(2) or (3) do not apply.

(5) An old system student to whom this paragraph applies does not qualify for a grant for fees in respect of an academic year of a course mentioned in paragraph (3) that is a bursary year or an Erasmus year.

(6) When assessing an application for support in respect of an academic year of a course mentioned in paragraph (3), the Secretary of State must determine the “standard entitlement”.

(7) The standard entitlement is calculated as follows—

$$( D+X )−Pr⁡C$ where D is the greater of 3 and the number of academic years that make up the ordinary duration of the course, X is 1 where the ordinary duration of the preliminary course was less than three years and 2 where the ordinary duration of the preliminary course was three years, PrC is the number of academic years that the student spent on the preliminary course excluding any years of repeat study for compelling personal reasons.$

(8) When assessing an application for support in respect of an academic year of a course to which this paragraph applies, the Secretary of State must allocate a grant for fees from the standard entitlement first to the final standard academic year of the course and then to each preceding standard academic year in turn until the standard entitlement is exhausted or a grant for fees has been allocated to each standard academic year of the course.

(9) An old system student to whom this paragraph applies qualifies for a grant for fees in respect of a standard academic year of a course to which this paragraph applies if the Secretary of State allocates a grant for fees to that year when assessing the application for support for that year.

(10) The amount of the grant for fees in respect of an academic year of a course to which this paragraph applies is determined in accordance with regulation 31, 32 or 33 and may be nil.

Old system students who are gap year students who have not studied on a previous course

28

(1) This regulation applies to an old system student who is a gap year student who has not studied on a previous course.

(2) A gap year student does not qualify for fee support in respect of a designated course if—

(a) the student has an honours degree from an institution in the United Kingdom and the exemptions in regulation 14(2) or (3) do not apply; or

(b) the designated course is an old flexible postgraduate course for the initial training of teachers.

(3) A gap year student does not qualify for a grant for fees in respect of an academic year of a designated course that is a bursary year or an Erasmus year.

(4) When assessing an application for support in respect of an academic year of a designated course, the Secretary of State must determine the “standard entitlement”.

(5) The standard entitlement is calculated as follows—

$$OD+1$ where OD is the number of academic years that make up the ordinary duration of the course.$

(6) When assessing an application for support in respect of an academic year of a designated course, the Secretary of State must allocate a grant for fees from the standard entitlement first to the final standard academic year of the course and then to each preceding standard academic year in turn until the standard entitlement is exhausted or a grant for fees has been allocated to each standard academic year of the course.

(7) A gap year student qualifies for a grant for fees in respect of a standard academic year of the designated course if the Secretary of State allocates a grant for fees to that year when assessing the application for support for that year.

(8) The amount of the grant for fees in respect of an academic year is determined in accordance with regulation 31 or 32 and may be nil.

Old system students who are gap year students who have studied on a previous course

29

(1) This regulation applies where—

(a) an old system student is a gap year student who has studied on a previous course;

(b) an old system student has transferred from a course in relation to which that student was a gap year student to another designated course in accordance with regulations made by the Secretary of State under section 22 of the 1998 Act.

(2) An old system student to whom this regulation applies does not qualify for fee support in respect of a designated course if—

(a) the student has an honours degree from an institution in the United Kingdom and the exemptions in regulation 14(2) or (3) do not apply; or

(b) the designated course is an old flexible postgraduate course for the initial training of teachers.

(3) An old system student to whom this regulation applies does not qualify for a grant for fees in respect of an academic year of a designated course that is a bursary year or an Erasmus year.

(4) When assessing an application for support in respect of an academic year of a designated course, the Secretary of State must determine the “standard entitlement”.

(5) The standard entitlement is calculated as follows—

$$( OD+1 )−PC$ where OD is the number of academic years that make up the ordinary duration of the course, PC is the number of academic years that the student has spent on previous courses.$

(6) When assessing an application for support in connection with an academic year of a designated course, the Secretary of State must allocate a grant for fees from the standard entitlement first to the final standard academic year of the course and then to each preceding standard academic year in turn until the standard entitlement is exhausted or a grant for fees has been allocated to each standard academic year of the course.

(7) An old system student to whom this regulation applies qualifies for a grant for fees in respect of a standard academic year of the designated course if the Secretary of State allocates a grant for fees to that year when assessing the application for support for that year.

(8) In addition to the standard entitlement, an old system student to whom this regulation applies qualifies for a grant for fees in respect of the first academic year that the student takes of the designated course that is not a bursary year or an Erasmus year if the student failed to complete the most recent previous course because of compelling personal reasons.

(9) Where an old system student to whom this regulation applies qualifies for a grant for fees under paragraph (8), the Secretary of State must not allocate a grant for fees under paragraph (6) to the first academic year that the student takes of the designated course that is not a bursary year or an Erasmus year.

(10) The amount of the grant for fees in respect of an academic year is determined in accordance with regulation 31 or 32 where the eligible student falls within paragraph (1)(a) and in accordance with regulation 31, 32 or 33 where the eligible student falls within paragraph (1)(b) and in either case the amount may be nil.

Availability of the grant for fees to old system students for years of repeat study

30

(1) In addition to the standard entitlement, if the Secretary of State determines that the student is repeating an academic year of the designated course because of compelling personal reasons, an old system student qualifies for a grant for fees in respect of the year of repeat study provided that the academic year that the student is repeating was a qualifying year of study and the year of repeat study is not a bursary year.

(2) An old system student qualifies for a grant for fees in respect of an academic year of a designated course that is a year of repeat study which the student is taking other than for compelling personal reasons if—

(a) the academic year which the student is repeating was a qualifying year of study;

(b) the academic year of repeat study is not a bursary year; and

(c) when the academic year of repeat study is added to the number of any other academic years of repeat study that the student has already taken (after 31st August 2006) on the current course other than for compelling personal reasons, it does not exceed the number of additional years of support.

(3) In this regulation, the “number of additional years of support” is the number of years which make up the standard entitlement less the number of standard academic years (plus one where the student qualifies for a grant for fees under regulation 29(8)).

Amount of the grant for fees for a course at a publicly funded institution

31

(1) Unless one of the cases set out in regulation 24(3) applies, the basic amount of the grant for fees in respect of an academic year of a designated course at a publicly funded institution is the lesser of—

(a) £1,310; and

(b) the fees payable by the student in connection with that year.

(2) In the cases set out in regulation 24(3), the basic amount of the grant for fees in respect of an academic year is the lesser of—

(a) £650; and

(b) the fees payable by the student in connection with that year.

(3) Where a contribution exceeding nil is calculated under Schedule 4, a deduction will be made from the basic amount of the grant for fees determined under paragraph (1) or (2) in accordance with regulation 99.

(4) Paragraphs (1) to (3) do not apply to designated courses at Heythrop College or at Guildhall School of Music and Drama.

(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—

(a) £2,345; and

(b) the fees payable by the student in connection with that year.

(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—

(a) £4,775; and

(b) the fees payable by the student in connection with that year.

Amount of the grant for fees for a course that is provided at a private institution on behalf of a publicly funded institution

32

(1) The basic amount of the grant for fees in respect of an academic year at a private institution is the lesser of £1,310 and the fees payable by the student in connection with that year if—

(a) the designated course began on or after 1st September 2001;

(b) the designated course is provided on behalf of a publicly funded institution; and

(2) The basic amount of the grant for fees in respect of an academic year at a private institution is the lesser of £650 and the fees payable by the student in connection with that year if—

(a) the designated course began on or after 1st September 2001;

(b) the designated course is provided on behalf of a publicly funded institution; and

(3) Where a contribution exceeding nil is calculated under Schedule 4, a deduction will be made from the basic amount of the grant for fees determined under paragraph (1) or (2) in accordance with regulation 99.

Amount of the grant for fees for a course at a private institution

33

(1) Subject to paragraph (2), the amount of the grant for fees in respect of an academic year of a designated course at a private institution where regulation 32 does not apply is the lesser of—

(a) £1,225; and

(b) the fees payable by the student in connection with that year.

(2) In the case of a designated course at the University of Buckingham, the amount of the grant for fees in respect of an academic year is £3,110.

CHAPTER 5 — FEE CONTRIBUTION LOANS FOR OLD SYSTEM STUDENTS

Availability of fee contribution loans to old system students

34

An old system student qualifies for a fee contribution loan in respect of an academic year of a designated course if—

(a) the student qualifies for a grant for fees in respect of that year or would have qualified if the student had applied for the grant (even if the amount is or would have been nil); and

(b) the designated course is provided by or on behalf of an institution that was publicly funded as at 1st August 2005.

Amount of the fee contribution loan

35

(1) Where an old system student applies for a grant for fees and a fee contribution loan, the amount of the fee contribution loan in respect of an academic year of the designated course is the amount for which the student applies not exceeding the difference between the basic amount of the grant determined under regulation 31 or 32 and the amount of the grant that is payable after the application of the contribution in accordance with regulation 99.

(2) Where the only fee support for which an old system student applies is a fee contribution loan, the maximum amount for which the student may apply in respect of an academic year is the lesser of—

(a) £1,310 or, if any of the cases set out in regulation 24(3) apply, £650; and

(b) the fees payable by the student in connection with the academic year.

(3) An old system student may apply to borrow an additional amount of fee contribution loan where—

(a) the Secretary of State determines that the maximum amount of fee contribution loan should be increased (including an increase from nil) as a result of a reassessment of the student’s contribution or otherwise; and

(b) the Secretary of State considers that the increase in the maximum amount does not result from the old system student—

(i) failing to provide information promptly which might affect the student’s ability to qualify for a grant for fees or fee contribution loan or the amount of grant for fees or fee contribution loan for which the student qualifies; or

(ii) providing information which is inaccurate in any material particular.

(4) The additional amount under paragraph (3) is an amount which when added to the amount already applied for does not exceed the increased maximum.

(5) Where an old system student (“A”) has applied for a fee contribution loan of less than the maximum amount to which A is entitled, A may apply to borrow an additional amount which, when added to the amount already applied for, does not exceed the relevant maximum applicable in A’s case.

PART 5 — GRANTS FOR LIVING AND OTHER COSTS

CHAPTER 1 — TYPES OF GRANTS AVAILABLE

Current system students

36

The following grants are available to a current system student in connection with a designated course if the student meets the relevant qualifying conditions in this Part—

(a) disabled students’ allowance;

(b) grant for dependants;

(d) maintenance grant or special support grant.

Old system students

37

The following grants are available to an old system student in connection with a designated course if the student meets the relevant qualifying conditions in this Part—

(a) disabled students’ allowance;

(b) grant for dependants;

(d) higher education grant.

CHAPTER 2 — GENERAL PROVISIONS

General qualifying conditions for grants for living and other costs

38

(1) An eligible student qualifies for a grant under this Part provided that the student—

(a) is not excluded from qualification by any of the following paragraphs; and

(b) satisfies the qualifying conditions for the particular grant for which the student is applying.

(2) An eligible student does not qualify for a grant under this Part if the only paragraph in Part 2 of Schedule 1 into which the student falls is paragraph 9.

(3) An eligible student does not qualify for a grant under this Part in respect of —

(a) an academic year which is a bursary year;

(b) an academic year of a course for the initial training of teachers which—

(i) began before 1st September 2010; or

(ii) begins on or after 1st September 2010 where the student transfers to the current course pursuant to regulation 8 from a course for the initial training of teachers beginning before 1st September 2010,

during which the periods of full-time attendance, including attendance for the purpose of teaching practice, are in aggregate less than 6 weeks; or

(c) a flexible postgraduate course for the initial training of teachers which is of less than one academic year’s duration.

(4) Paragraph (3)(b) does not apply for the purposes of the disabled students’ allowance.

(5) An eligible student does not qualify for a grant under this Part in respect of any academic year of a sandwich course where the periods of full-time study are in aggregate less than 10 weeks unless the periods of work experience constitute unpaid service.

(6) For the purposes of paragraph (5), “unpaid service” means—

(a) unpaid service in a hospital or in a public health service laboratory or with a primary care trust in the United Kingdom;

(b) unpaid service with a local authority in the United Kingdom acting in the exercise of its functions relating to the care of children and young persons, health or welfare or with a voluntary organisation providing facilities or carrying out activities of a like nature in the United Kingdom;

(d) unpaid research in an institution in the United Kingdom or, in the case of a student attending an overseas institution as part of the student’s course, in an overseas institution; or

(e) unpaid service with—

(i) a Strategic Health Authority established pursuant to section 13 of the National Health Service Act 2006⁴⁴ or a Special Health Authority established pursuant to section 28 of that Act;

(ii) a Local Health Board established pursuant to section 11 of the National Health Service (Wales) Act 2006⁴⁵ or a Special Health Authority established pursuant to section 22 of that Act;

(iii) a Health Board or a Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978⁴⁶; or

(iv) a Health and Social Services Board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972⁴⁷.

(7) Subject to paragraph (8), where one of the events listed in regulation 18(a), (b), (c), (e), (f), (g) or (h) occurs in the course of an academic year, a student may qualify for a particular grant in accordance with this Part in respect of all or part of that academic year but a student does not qualify for such a grant in respect of any academic year beginning before the academic year in which the relevant event occurred.

(8) Where the state of which the student is a national accedes to the European Community the student may qualify for a grant under this Part only if 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.

(9) Subject to paragraph (10), an eligible student does not qualify for a grant under this Part if the student is a prisoner.

(10) Paragraph (9) does not apply in respect of disabled students’ allowance.

Students who are treated as in attendance

39

(1) A student to whom this regulation applies is treated as being in attendance on the designated course for the purpose of qualifying for the following grants—

(a) disabled students’ allowance;

(b) grant for dependants;

(d) higher education grant.

(2) This regulation applies to—

(a) a compressed degree student;

(b) a disabled student who—

(i) is not a compressed degree student; and

(ii) is undertaking a designated course in the United Kingdom but is not in attendance because the student is unable to attend for a reason which relates to the student’s disability.

CHAPTER 3 — DISABLED STUDENTS’ ALLOWANCES

Qualifying conditions for the disabled students’ allowance

40

An eligible student (“A”) qualifies for a grant to assist with the additional expenditure which the Secretary of State is satisfied that A is obliged to incur in connection with A’s attendance on a designated course by reason of a disability to which A is subject.

Amount of the disabled students’ allowance

41

(1) Subject to the following paragraphs, the amount of the disabled students’ allowance is the amount that the Secretary of State considers appropriate in accordance with the student’s circumstances.

(2) Except where paragraph (4) applies, the amount of the disabled students’ allowance must not exceed—

(a) £20,520 in respect of an academic year for expenditure on a non-medical personal helper;

(b) £5,161 in respect of all the academic years during the period of eligibility for expenditure on major items of specialist equipment;

(i) within the United Kingdom for the purpose of attending the institution;

(ii) within or outside the United Kingdom for the purpose of attending, as a part of the student’s course, any period of study at an overseas institution or for the purpose of attending the Institute;

(d) £1,724 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 maxima specified in those sub-paragraphs.

(3) Where the eligible student has received payments to assist with expenditure on major items of specialist equipment in connection with the course by virtue of holding a transitional award, the maximum amount of grant under paragraph (2)(b) is reduced by the amount of those payments.

(4) The maximum amount under paragraphs (2)(a) and (d) is £15,390 and £1,293, respectively where—

(a) an eligible student attends a course for the initial training of teachers; and

(b) in any academic year of that course, the periods of full-time study and full-time teaching practice are in aggregate less than 6 weeks.

CHAPTER 4 — GRANTS FOR DEPENDANTS

Interpretation of Chapter 4

42

(1) In regulations 44 to 47—

(a) subject to sub-paragraph (n), “adult dependant” means, in relation to an eligible student, an adult person dependent on the student other than the student’s child, the student’s partner (including a spouse or civil partner from whom the Secretary of State considers the student is separated) or the student’s former partner;

(b) “child” in relation to an eligible student includes any child of the student’s partner who is dependent on the student and any child for whom the student has parental responsibility who is dependent on the student;

(c) “dependant” means, in relation to an eligible student, the student’s partner, the student’s dependent child or an adult dependant, who in each case is not an eligible student and does not hold a statutory award;

(d) “dependent” means wholly or mainly financially dependent;

(e) “dependent child” means, in relation to an eligible student, a child dependent on the student;

(f) “lone parent” means an eligible student who does not have a partner and who has a dependent child or dependent children;

(g) “net income” has the meaning given in paragraph (2);

(h) subject to sub-paragraphs (i), (j), (k), (l) and (m), “partner” means any of the following—

(i) the spouse of an eligible student;

(ii) the civil partner of an eligible student;

(iii) a person ordinarily living with an eligible student as if that person were the student’s spouse where an eligible student falls within paragraph 2(1)(a) of Schedule 4 and began the specified designated course on or after 1st September 2000;

(iv) a person ordinarily living with an eligible student as if that person were the student’s civil partner where an eligible student falls within paragraph 2(1)(a) of Schedule 4 and began the specified designated course on or after 1st September 2005;

(i) unless otherwise indicated, a person who would otherwise be a partner under sub-paragraph (h) is not to be treated as a partner if—

(i) in the opinion of the Secretary of State, that person and the eligible student are separated; or

(ii) the person is ordinarily living outside the United Kingdom and is not maintained by the eligible student;

(j) for the purposes of the definition of “adult dependant”, a person is to be treated as a partner if that person would be a partner under sub-paragraph (h) but for the fact that the eligible student with whom that person is ordinarily living does not fall within paragraph 2(1)(a) of Schedule 4;

(k) for the purposes of the definitions of “child” and “lone parent”, a person is to be treated as a partner if that person would be a partner under sub-paragraph (h) but for the date on which the eligible student began the specified designated course or the fact that the eligible student with whom that person is ordinarily living does not fall within paragraph 2(1)(a) of Schedule 4;

(l) for the purposes of regulation 45—

(i) sub-paragraph (i) does not apply; and

(ii) a person is to be treated as a partner if that person would be a partner under sub-paragraph (h) but for the fact that the eligible student with whom that person is ordinarily living does not fall within paragraph (2)(1)(a) of Schedule 4;

(m) for the purposes of determining whether a person is the former partner of an eligible student’s partner, “partner” in relation to an eligible student’s partner means—

(i) the spouse of an eligible student’s partner;

(ii) the civil partner of an eligible student’s partner;

(iii) where the eligible student began the specified designated course on or after 1st September 2000, a person (“A”) ordinarily living with an eligible student’s partner (“B”) as if A were B’s spouse;

(iv) where the eligible student began the specified designated course on or after 1st September 2005, a person “A” ordinarily living with an eligible student’s partner “B” as if A were B’s civil partner;

(n) subject to sub-paragraph (o), 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 the Secretary of State is satisfied that the adult person or child—

(i) is not dependent on—

(aa) the eligible student; or

(bb) the student’s partner; but

(ii) is dependent on the eligible student and the student’s partner together;

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

(i) the spouse or civil partner of the eligible student’s partner (including a spouse or civil partner from whom the Secretary of State considers the eligible student’s partner is separated); or

(ii) the former partner of the eligible student’s partner.

(2) Subject to paragraph (3), a dependant’s net income is the dependant’s income from all sources for the academic year in question reduced by the amount of income tax and social security contributions payable in respect of it but disregarding—

(a) any pension, allowance, or other benefit paid by reason of a disability or incapacity to which the dependant is subject;

(b) child benefit payable under Part IX of the Social Security Contributions and Benefits Act 1992⁴⁸;

(c) any financial support payable to the dependant by a local authority in accordance with regulations made under sections 2, 3 and 4 of the Adoption and Children Act 2002⁴⁹;

(d) any guardian’s allowance to which the dependant is entitled under section 77 of the Social Security Contributions and Benefits Act 1992;

(e) in the case of a dependant with whom a child being looked after by a local authority is boarded out, any payment made to that dependant in pursuance of section 23 of the Children Act 1989⁵⁰;

(f) any payments made to the dependant under section 15 of and Schedule 1 to the Children Act 1989 in respect of a person who is not the dependant’s child or any assistance given by a local authority pursuant to section 24 of that Act⁵¹; and

(g) any child tax credit to which the dependant is entitled under Part I of the Tax Credits Act 2002⁵².

(3) Where an eligible student or the student’s partner makes any recurrent payments which were previously made by the student in pursuance of an obligation incurred before the first academic year of the student’s course, the partner’s net income is the net income calculated in accordance with paragraph (2) reduced by—

(a) an amount equal to the payments in question for the academic year, if in the opinion of the Secretary of State the obligation had been reasonably incurred; or

(b) such lesser amount, if any, as the Secretary of State considers appropriate if, in the opinion of the Secretary of State, a lesser obligation could reasonably have been incurred.

(4) For the purposes of paragraph (2), where the dependant is a dependent child and payments are made to the eligible student towards the child’s maintenance, those payments are to be treated as the child’s income.

General

43

(1) The grant for dependants consists of the following elements—

(a) adult dependants’ grant;

(b) childcare grant;

(2) The qualifying conditions for each element and the amounts payable are set out in regulations 44 to 47.

Adult dependants’ grant

44

(1) An eligible student qualifies for an adult dependants’ grant in connection with the student’s attendance on a designated course in accordance with this regulation.

(2) The adult dependants’ grant is available in respect of one dependant of an eligible student who is either—

(a) the eligible student’s partner; or

(b) an adult dependant whose net income does not exceed £3,796.

(3) The amount of adult dependants’ grant payable in respect of an academic year is calculated in accordance with regulation 47, the basic amount being—

(a) £2,642; or

(b) where the person in respect of whom the eligible student is applying for adult dependants’ grant is ordinarily resident outside the United Kingdom, such amount not exceeding £2,642 as the Secretary of State considers reasonable in the circumstances.

Childcare grant

45

(1) An eligible student (“A”) qualifies for a childcare grant in connection with A’s attendance on a designated course in accordance with this regulation.

(2) Subject to paragraphs (3) and (4), the childcare grant is available in respect of an academic year in which A incurs prescribed childcare charges for—

(a) a dependent child who is under the age of 15 immediately before the beginning of the academic year; or

(b) a dependent child who has special educational needs within the meaning of section 312 of the Education Act 1996⁵³ and is under the age of 17 immediately before the beginning of the academic year.

(3) A does not qualify for a childcare grant if A or A’s partner has elected to receive the childcare element of the working tax credit under Part I of the Tax Credits Act 2002⁵⁴.

(4) A does not qualify for a childcare grant if the prescribed childcare charges that A incurs for A’s child are paid or to be paid by A to A’s partner.

(5) Subject to paragraph (6), the basic amount of childcare grant for each week is—

(a) for one dependent child, 85 per cent of the prescribed childcare charges, subject to a maximum amount of £148.75 per week; or

(b) for two or more dependent children, 85 per cent of the prescribed childcare charges, subject to a maximum amount of £255 per week

except that A does not qualify for any such grant in respect of each week falling within the period between the end of the course and the end of the academic year in which the course ends.

(6) For the purposes of calculating the basic amount of childcare grant—

(a) a week runs from Monday to Sunday; and

(b) where a week in respect of which prescribed childcare charges are incurred falls partly within and partly outside the academic year in respect of which childcare grant is payable under this regulation, the maximum weekly amount of grant is calculated by multiplying the relevant maximum weekly amount in paragraph (5) by the number of days of that week falling within the academic year and dividing the product by seven.

(7) In this regulation “prescribed childcare charges” means childcare charges of a description prescribed for the purposes of section 12 of the Tax Credits Act 2002⁵⁵.

Parents’ learning allowance

46

(1) An eligible student (“A”) qualifies in connection with A’s attendance on a designated course for the parents’ learning allowance if A has one or more dependants who are dependent children.

(2) The amount of parents’ learning allowance payable in respect of an academic year is calculated in accordance with regulation 47, the basic amount being £1,508.

Calculations

47

(1) Subject to the following paragraphs, the amount payable in respect of a particular element of the grant for dependants for which the eligible student qualifies under regulations 44 to 46 is the amount of that element remaining after applying, until it is extinguished, an amount equal to $A−B$as follows and in the following order—

(a) to reduce the basic amount of the adult dependants’ grant where the eligible student qualifies for that element under regulation 44;

(b) to reduce the basic amount of the childcare grant for the academic year where the eligible student qualifies for that element under regulation 45; and

(c) to reduce the basic amount of the parents’ learning allowance where the eligible student qualifies for that element under regulation 46.

(2) Subject to paragraphs (4), (5) and (13), where B is greater than or equal to A, the basic amount of each element of the grant for dependants for which the eligible student qualifies is payable.

(3) Where $A−B$ is equal to or exceeds the aggregate of the basic amounts of the elements of the grant for dependants for which the eligible student qualifies, the amount payable in respect of each element is nil.

(4) The amount of adult dependants’ grant calculated under paragraph (1) in respect of an adult dependant is reduced by one half where—

(a) the eligible student’s partner—

(i) is an eligible student; or

(ii) holds a statutory award; and

(b) account is taken of that partner’s dependants in calculating the amount of support for which that partner qualifies or the payment to which that partner is entitled under the statutory award.

(5) The amount of childcare grant calculated under paragraph (1) is reduced by one half where—

(a) the eligible student’s partner—

(i) is an eligible student; or

(ii) holds a statutory award; and

(b) account is taken of that partner’s dependants in calculating the amount of support for which that partner qualifies or the payment to which that partner is entitled under the statutory award.

(6) Where the amount of the parents’ learning allowance calculated under paragraph (1) is £0.01 or more but less than £50, the amount of parents’ learning allowance payable is £50.

(7) In this regulation—

A is the aggregate of the net income of each of the eligible student’s dependants; and

B is—

(a) £1,159 where the eligible student has no dependent child;

(b) £3,473 where the eligible student is not a lone parent and has one dependent child;

(i) is not a lone parent and has more than one dependent child; or

(ii) is a lone parent and has one dependent child;

(d) £5,792 where the eligible student is a lone parent and has more than one dependent child.

(8) Paragraphs (9) to (12) apply where, in the course of the academic year, any of the following occurs—

(a) there is a change in the number of the eligible student’s dependants;

(b) a person becomes or ceases to be a dependant of the eligible student;

(d) a student becomes eligible for support as a result of an event referred to in regulation 18.

(9) For the purposes of determining the respective values of A and B and whether adult dependants’ grant or parents’ learning allowance is payable, the Secretary of State must determine the following in relation to each relevant quarter by reference to the student’s circumstances in the relevant quarter—

(a) how many dependants the eligible student is to be treated as having;

(b) who those dependants are;

(10) The amount of grant for dependants for the academic year is the aggregate of the amounts of adult dependants’ grant and parents’ learning allowance calculated in respect of each relevant quarter under paragraph (11) and the amount of any childcare grant for the academic year.

(11) The amount of adult dependants’ grant and parents’ learning allowance in respect of a relevant quarter is one third of what that grant or allowance would be for the academic year if the student’s circumstances in the relevant quarter as determined under paragraph (9) applied for the duration of the academic year.

(12) In this regulation, a “relevant quarter” means—

(a) in the case of a person referred to in paragraph (8)(d), a quarter which begins after the relevant event occurs other than a quarter during which, in the opinion of the Secretary of State, the longest of any vacation occurs;

(b) otherwise, a quarter other than the one quarter during which, in the opinion of the Secretary of State, the longest of any vacation occurs.

(13) A deduction may be made in accordance with Part 8 from the amount payable in respect of a particular element of the grant for dependants calculated under this Part.

CHAPTER 5 — GRANTS FOR TRAVEL

Interpretation

48

For the purposes of this Chapter—

(a) any reference to expenditure incurred for the purpose of attending an institution or period of study—

(i) includes expenditure both before and after so attending; and

(ii) does not include any expenditure in respect of which a grant is payable under Chapter 3 of this Part;

(b) “qualifying quarter” means a quarter during which the eligible student attends as part of the student’s course an overseas institution or the Institute for at least half the period covered by that quarter.

General

49

A grant for travel is available—

(a) to eligible students attending courses in medicine or dentistry in accordance with regulation 50;

(b) to eligible students attending an overseas institution or the Institute in accordance with regulation 52.

Qualifying conditions for the grant for travel – courses in medicine and dentistry

50

A grant is available to an eligible student attending a course in medicine or dentistry (a necessary part of which is a period of study by way of clinical training) in respect of the reasonable expenditure which the student is obliged to incur in an academic year for the purpose of attending in connection with the student’s course any hospital or other premises in the United Kingdom (not comprised in the institution) at which facilities for clinical training are provided other than expenditure incurred for the purpose of residential study away from the institution.

Amount of the grant for travel – courses in medicine and dentistry

51

The amount of grant payable under regulation 50 in respect of an academic year is equal to the reasonable expenditure that the Secretary of State determines the eligible student is obliged to incur for the purposes set out in that regulation less £303.

Qualifying conditions for the grant for travel – overseas study

52

A grant is available to an eligible student in respect of the reasonable expenditure which the student is obliged to incur in each qualifying quarter within or outside the United Kingdom for the purpose of attending as part of the student’s course the overseas institution or the Institute.

Amount of the grant for travel – overseas study

53

The amount of grant payable under regulation 52 in respect of an academic year is calculated as follows—

$( X−£303 )+Y$where—

X is the aggregate of the reasonable travel costs that the eligible student is obliged to incur in each qualifying quarter for the purposes set out in regulation 52.

Yis the aggregate of the expenditure incurred in each qualifying quarter specified in regulation 54.

54

The expenditure specified in this regulation is—

(a) expenditure that the eligible student reasonably incurs in insuring against liability for the cost of medical treatment provided outside the United Kingdom for any illness or bodily injury contracted or suffered during the period the student is attending the overseas institution or the Institute;

(b) the cost of a visa or visas that the eligible student is obliged to obtain in order to attend the overseas institution or the Institute; and

(c) medical costs that the eligible student reasonably incurs in order to fulfil a mandatory condition of entry into the territory, country or state in which the overseas institution or the Institute is situated.

Deductions from the grant for travel

55

A deduction may be made from any grant under this Chapter in accordance with Part 8.

CHAPTER 6 — MAINTENANCE GRANTS FOR CURRENT SYSTEM STUDENTS

Qualifying conditions for the maintenance grant

56

(1) A current system student qualifies in accordance with this regulation for a maintenance grant in connection with the student’s attendance on a designated course.

(2) A current system student does not qualify for a maintenance grant if the student qualifies for a special support grant.

(3) If a current system student does not qualify for a fee loan in respect of an academic year of the designated course, the student cannot qualify for a maintenance grant for that year unless the reason that the student does not qualify for a fee loan is that—

(a) the year is an Erasmus year; or

(b) the designated course is an old flexible postgraduate course for the initial training of teachers.

Amount of the maintenance grant – 2008 cohort students

57

(1) The maximum amount of maintenance grant available to a 2008 cohort student in respect of an academic year is —

(a) in the case of a type 1 or type 3 teacher training student, £1,453;

(b) in the case of a type 2 teacher training student, £2,906; and

(2) A type 1 teacher training student who is a 2008 cohort student who qualifies for a maintenance grant in respect of an academic year receives an amount as follows in respect of that year—

(a) where the household income is £25,000 or less, the student receives £1,453;

(b) where the household income exceeds £25,000 but does not exceed £34,459, the student receives an amount equal to $M−( A 2 )$where—

M is £1,453

A is £1 for every complete £5.86 by which the household income exceeds £25,000; and

(c) where the household income exceeds £34,459 or the student opts when applying for the grant not to provide the information needed to calculate the household income, the student receives £646.

(3) A type 2 teacher training student who is a 2008 cohort student who qualifies for a maintenance grant in respect of an academic year receives an amount as follows in respect of that year —

(a) where the household income is £25,000 or less, the student receives £2,906;

(b) where the household income exceeds £25,000 but does not exceed £34,459, the student receives an amount equal to $M−A$ where—

M is £2,906

A is £1 for every complete £5.86 by which the household income exceeds £25,000; and

(c) where the household income exceeds £34,459 or the student opts when applying for the grant not to provide the information needed to calculate the household income, the student receives £1,292.

(4) A type 3 teacher training student who is a 2008 cohort student who qualifies for a maintenance grant in respect of an academic year receives, subject to sub-paragraph (c), an amount as follows in respect of that year—

(a) where the household income is £25,000 or less, the student receives £1,453;

(b) where the household income exceeds £25,000 but does not exceed £60,032, the student receives an amount equal to $M−( A+B 2 )$where—

M is £1,453

A is £1 for every complete £5.86 by which the household income exceeds £25,000 but does not exceed £34,459

Bis £1 for every complete £20.59 by which the household income exceeds £34,459 but does not exceed £60,032; and

(5) A 2008 cohort student other than a type 1, type 2 or type 3 teacher training student who qualifies for a maintenance grant in respect of an academic year receives, subject to sub-paragraph (c), an amount as follows in respect of that year—

(a) where the household income is £25,000 or less, the student receives £2,906;

(b) where the household income exceeds £25,000 but does not exceed £60,032, the student receives an amount equal to $M−( A+B )$ where—

M is £2,906

A is £1 for every complete £5.86 by which the household income exceeds £25,000 but does not exceed £34,459

B is £1 for every complete £20.59 by which the household income exceeds £34,469 but does not exceed £60,032; and

Amount of the maintenance grant – 2009 cohort students

58

(1) The maximum amount of maintenance grant available to a 2009 cohort student in respect of an academic year is —

(a) in the case of a type 1 or type 3 teacher training student, £1,453;

(b) in the case of a type 2 teacher training student, £2,906; and

(2) A type 1 teacher training student who is a 2009 cohort student who qualifies for a maintenance grant in respect of an academic year receives an amount as follows in respect of that year—

(a) where the household income is £25,000 or less, the student receives £1,453;

(b) where the household income exceeds £25,000 but does not exceed £34,000, the student receives an amount equal to $M−( A 2 )$where—

M is £1,453

A is £1 for every complete £5.00 by which the household income exceeds £25,000; and

(c) where the household income exceeds £34,000 or the student opts when applying for the grant not to provide the information needed to calculate the household income, the student receives £553.

(3) A type 2 teacher training student who is a 2009 cohort student who qualifies for a maintenance grant in respect of an academic year receives an amount as follows in respect of that year —

(a) where the household income is £25,000 or less, the student receives £2,906;

(b) where the household income exceeds £25,000 but does not exceed £34,000, the student receives an amount equal to $M−A$ where—

M is £2,906

A is £1 for every complete £5.00 by which the household income exceeds £25,000; and

(c) where the household income exceeds £34,000 or the student opts when applying for the grant not to provide the information needed to calculate the household income, the student receives £1,106.

(4) A type 3 teacher training student who is a 2009 cohort student who qualifies for a maintenance grant in respect of an academic year receives, subject to sub-paragraph (c), an amount as follows in respect of that year—

(a) where the household income is £25,000 or less, the student receives £1,453;

(b) where the household income exceeds £25,000 but does not exceed £50,020, the student receives an amount equal to $M−( A+B 2 )$ where—

M is £1,453

A is £1 for every complete £5.00 by which the household income exceeds £25,000 but does not exceed £34,000

Bis £1 for every complete £15.17 by which the household income exceeds £34,000 but does not exceed £50,020; and

(5) A 2009 cohort student other than a type 1, type 2 or type 3 teacher training student who qualifies for a maintenance grant in respect of an academic year receives, subject to sub-paragraph (c), an amount as follows in respect of that year—

(a) where the household income is £25,000 or less, the student receives £2,906;

(b) where the household income exceeds £25,000 but does not exceed £50,020, the student receives an amount equal to $M−( A+B )$ where—

M is £2,906

A is £1 for every complete £5.00 by which the household income exceeds £25,000 but does not exceed £34,000

B is £1 for every complete £15.17 by which the household income exceeds £34,000 but does not exceed £50,020; and

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

59

(1) The maximum amount of maintenance grant available to a current system student who is not a 2008 or 2009 cohort student in respect of an academic year is—

(a) in the case of a type 1 or type 3 teacher training student, £1,453;

(b) in the case of a type 2 teacher training student, £2,906; and

(2) A type 1 teacher training student who is not a 2008 or 2009 cohort student and who qualifies for a maintenance grant in respect of an academic year receives an amount as follows in respect of that year—

(a) where the household income is £18,360 or less, the student receives £1,453;

(b) where the household income exceeds £18,360 but does not exceed £27,819 the student receives an amount equal to$M−( A 2 )$

where

M is £1,453

A is £1 for every complete £5.86 by which the household income exceeds £18,360; and

(c) where the household income exceeds £27,819 or the student opts when applying for the grant not to provide the information needed to calculate the household income, the student receives £646.

(3) A type 2 teacher training student who is not a 2008 or 2009 cohort student and who qualifies for a maintenance grant in respect of an academic year receives an amount as follows in respect of that year —

(4) where the household income is £18,360 or less, the student receives £2,906;

(a) where the household income exceeds £18,360 but does not exceed £27,819, the student receives an amount equal to $M−A$ where—

M is £2,906

A is £1 for every complete £5.86 by which the household income exceeds £18,360; and

(b) where the household income exceeds £27,819 or the student opts when applying for the grant not to provide the information needed to calculate the household income, the student receives £1,292.

(5) A type 3 teacher training student who is not a 2008 or 2009 cohort student who qualifies for a maintenance grant in respect of an academic year receives, subject to sub-paragraph (c), an amount as follows in respect of that year—

(a) where the household income is £18,360 or less, the student receives £1,453;

(b) where the household income exceeds £18,360 but does not exceed £39,333, the student receives an amount equal to $M−( A+B 2 )$where—

M is £1,453

A is £1 for every complete £5.86 by which the household income exceeds £18,360 but does not exceed £27,819

Bis £1 for every complete £9.27 by which the household income exceeds £27,819 but does not exceed £39,333; and

(6) A current system student other than a 2008 or 2009 cohort student or a type 1, type 2 or type 3 teacher training student who qualifies for a maintenance grant in respect of an academic year receives an amount as follows in respect of that year—

(a) where the household income is £18,360 or less, the student receives £2,906;

(b) where the household income exceeds £18,360 but does not exceed £27,819, the student receives an amount equal to $M−A$where—

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