Legalize / United Kingdom / Statutory-Instrument

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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M is £2,906

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

(c) where the household income exceeds £27,819 but does not exceed £39,333, the student receives an amount equal to $RM−A$where—

RM is £1,292

A is £1 for every complete £9.27 by which the household income exceeds £27,819;

(d) where the household income exceeds £39,333, no maintenance grant is payable.

CHAPTER 7 — SPECIAL SUPPORT GRANTS FOR CURRENT SYSTEM STUDENTS

Qualifying conditions for the special support grant

60

(1) A current system student qualifies in accordance with this regulation for a special support grant in connection with the student’s attendance on a designated course to defray the costs of books, equipment, travel or childcare incurred for the purpose of attending that course.

(2) A current system student qualifies for a special support grant if the student—

(a) falls within a prescribed category of person for the purposes of section 124(1)(e) of the Social Security Contributions and Benefits Act 1992⁵⁶; or

(b) is treated as being liable to make payments in respect of a dwelling prescribed by regulations made under section 130(2) of that Act⁵⁷.

(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 special support 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 special support grant – 2008 cohort students

61

(1) The maximum amount of special support 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 special support 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 special support 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 special support 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 special support 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 £34,459 but does not exceed £60,032; and

Amount of the special support grant – 2009 cohort students

62

(1) The maximum amount of special support 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 special support 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 special support 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 special support 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 special support 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 special support grant – current system students who are not 2008 or 2009 cohort students

63

(1) The maximum amount of special support 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 special support 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 special support 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—

M is £2,906

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 £1,292.

(4) A type 3 teacher training student who is not a 2008 or 2009 cohort student who qualifies for a special support 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

(5) 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 special support 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—

M is £2,906

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

(c) where the household income exceeds £27,819 but does not exceed £39,333, the student receives an amount equal to $RM−A$ where—

RM is £1,292

A is £1 for every complete £9.27 by which the household income exceeds £27,819; and

(d) where the household income exceeds £39,333, no special support grant is payable.

CHAPTER 8 — HIGHER EDUCATION GRANTS FOR OLD SYSTEM STUDENTS

Qualifying conditions for the higher education grant

64

(1) An old system student qualifies in accordance with this regulation for a higher education grant in connection with the student’s attendance on a designated course to defray the cost of books, equipment, travel or childcare incurred for the purpose of attending that course.

(2) An old system student does not qualify for a higher education grant unless the student began the specified designated course on or after 1st September 2004.

(3) If an old system student does not qualify for a grant for fees in respect of an academic year of the designated course, the student cannot qualify for a higher education grant for that year unless the reason that the student does not qualify for a grant for fees 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 higher education grant

65

(1) The maximum amount of higher education grant available in respect of an academic year is £1,000.

(2) An old system student who qualifies for a higher education grant receives an amount as follows—

(a) where the household income is £16,750 or less, the student receives £1,000;

(b) where the household income exceeds £16,750 and does not exceed £22,735, the student receives an amount equal to $M−A$ where—

M is £1,000

A is £1 for every complete £6.30 by which the household income exceeds £16,750; and

PART 6 — LOANS FOR LIVING COSTS

CHAPTER 1 — QUALIFYING CONDITIONS

Interpretation of Part 6

66

In this Part—

(a) a “current system student with full entitlement” is a current system student other than a student with reduced entitlement;

(b) “the maintenance grant amount” is, unless otherwise stated,—

(i) where the student qualifies under Chapter 6 of Part 5 for an amount of maintenance grant not exceeding £1,292, the amount of maintenance grant payable;

(ii) where the student qualifies under Chapter 6 of Part 5 for an amount of maintenance grant exceeding £1,292, £1,292; and

(iii) where no maintenance grant is payable, nil.

(c) an “old system student with full entitlement” is an old system student other than a student with reduced entitlement;

(d) the “relevant date” is the first day of the first academic year of the specified designated course;

(e) a “student with reduced entitlement” is an eligible student who—

(i) does not qualify for a grant for living and other costs in respect of the academic year because of regulation 38(3)(a) or (b) or 38(5); or

(ii) opts when applying for a loan for living costs not to provide the information needed to calculate the household income;

(f) where the duration of a graduate-entry or postgraduate-level course for the initial training of teachers is only one academic year, that year is not to be treated as the final year.

Qualifying conditions for the loan for living costs – current system students

67

(1) Subject to paragraphs (3) to (5), a current system student qualifies for a loan for living costs in connection with the student’s attendance on a designated course if the student is under the age of 60 on the relevant date and—

(a) where the student begins the course on or after 1st September 2009, the designated course does not lead to an equivalent or lower qualification unless the student’s status as an eligible student has been transferred to the current course pursuant to regulation 8 from a designated course which began before 1st September 2009 and the student does not have an honours degree from an institution in the United Kingdom; or

(b) where the student began the course before 1st September 2009, the student does not have an honours degree from an institution in the United Kingdom.

(2) The condition in paragraph (1)(a) or (b) does not apply where—

(a) the designated course leads to qualification as a social worker, medical doctor, dentist, veterinary surgeon or architect;

(b) the designated course began before 1st September 2009 and leads to qualification as a landscape architect, landscape designer, landscape manager, town planner or town and country planner;

(c) the current system student is eligible to receive any payment under a healthcare bursary the amount of which is calculated by reference to the student’s income or a Scottish healthcare allowance the amount of which is calculated by reference to the student’s income in respect of any academic year of the course; or

(d) the current system student is on a course for the initial training of teachers.

(3) A current system student does not qualify for a loan for living costs if the only paragraph in Part 2 of Schedule 1 into which the student falls is paragraph 9.

(4) A current system student does not qualify for a loan for living costs in connection with the student’s attendance on a designated course if that course is a flexible postgraduate course for the initial training of teachers which is of less than one academic year’s duration.

(5) A current system student does not qualify for a loan for living costs if the student is a prisoner.

Qualifying conditions for the loan for living costs – old system students

68

(1) Subject to paragraphs (4) to (6), an old system student who falls within paragraph (a) or (d)(i) of the definition of “old system student” in regulation 2 qualifies for a loan for living costs in connection with the student’s attendance on a designated course if the student is under the age of 60 on the relevant date.

(2) Subject to paragraph (4), an old system student who falls within paragraph (b), (c) or (d)(ii) of the definition of “old system student” in regulation 2 qualifies for a loan for living costs in connection with the student’s attendance on a designated course if the student—

(a) is under the age of 60 on the relevant date; and

(b) does not have an honours degree from an institution in the United Kingdom.

(3) The requirement in paragraph (2)(b) does not apply where—

(a) the designated course leads to qualification as a social worker, medical doctor, dentist, veterinary surgeon, architect, landscape architect, landscape designer, landscape manager, town planner or town and country planner;

(b) the old system student is eligible to receive any payment under a healthcare bursary the amount of which is calculated by reference to the student’s income or a Scottish healthcare allowance the amount of which is calculated by reference to the student’s income in respect of any academic year of the course; or

(4) An old system student does not qualify for a loan for living costs if the only paragraph in Part 2 of Schedule 1 into which the student falls is paragraph 9.

(5) An old system student does not qualify for a loan for living costs in connection with the student’s attendance on a designated course if that course is a flexible postgraduate course for the initial training of teachers which is of less than one academic year’s duration.

(6) An old system student does not qualify for a loan for living costs if the student is a prisoner.

CHAPTER 2 — MAXIMUM AMOUNTS OF LOANS

General

69

(1) The maximum amount of a loan for living costs in respect of an academic year is calculated as follows—

(a) where the eligible student is a 2008 cohort student with full entitlement, in accordance with regulation 70 or 71;

(b) where the eligible student is a 2009 cohort student with full entitlement, in accordance with regulation 72 or 73;

(c) where the eligible student is a current system student (other than a 2008 or 2009 cohort student) with full entitlement, in accordance with regulation 74 or 75;

(d) where the eligible student is an old system student with full entitlement, in accordance with regulation 76;

(e) where the eligible student is a student with reduced entitlement, in accordance with regulation 77.

2008 cohort students with full entitlement except type 1 and type 2 teacher training students

70

(1) This regulation applies to a 2008 cohort student with full entitlement except a type 1 or a type 2 teacher training student.

(2) Subject to Chapter 4 of this Part and paragraph (5), where the student’s household income exceeds £61,062 the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year other than the final year of a course that is not an intensive course is equal to X–Y where—

X is— for a student in category A, £3,673; for a student in category B, £6,643; for a student in category C, £5,653; for a student in category D, £4,745;

Subject to paragraph (4), Y is £1 for every complete £9.27 by which the household income exceeds £61,062.

(3) Subject to Chapter 4 of this Part and paragraph (5), where the student’s household income exceeds £61,062, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year that is the final year of a course that is not an intensive course is equal to X–Ywhere—

X is— for a student in category A, £3,319; for a student in category B, £6,048; for a student in category C, £4,915; for a student in category D, £4,391;

Subject to paragraph (4), Y is £1 for every complete £9.27 by which the household income exceeds £61,062.

(4) Where the same household income is used to assess the amount of a statutory award for which two or more persons qualify, Y in paragraphs (2) and (3) must be divided by the number of such persons before being deducted from X.

(5) Where the maximum amount of loan for living costs is calculated in accordance with paragraph (2) or (3) and is less than the minimum level for the academic year specified in regulation 102, the minimum level for the academic year is payable.

(6) Subject to Chapter 4 of this Part, where the student’s household income exceeds £60,032 but does not exceed £61,062, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year other than the final year of a course that is not an intensive course is—

(a) for a student in category A, £3,673;

(b) for a student in category B, £6,643;

(d) for a student in category D, £4,745.

(7) Subject to Chapter 4 of this Part, where the student’s household income exceeds £60,032 but does not exceed £61,062, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year that is the final year of a course that is not an intensive course is—

(a) for a student in category A, £3,319;

(b) for a student in category B, £6,048;

(d) for a student in category D, £4,391.

(8) Subject to Chapter 4 of this Part, where the student’s household income is £60,032 or less, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year other than the final year of a course that is not an intensive course is equal to X–Y where—

X is— for a student in category A, £3,673; for a student in category B, £6,643; for a student in category C, £5,653; for a student in category D, £4,745;

Y is the maintenance grant amount.

(9) Subject to Chapter 4 of this Part, where the student’s household income is £60,032 or less, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year that is the final year of a course that is not an intensive course is equal to X–Ywhere—

X is— for a student in category A, £3,319; for a student in category B, £6,048; for a student in category C, £4,915; for a student in category D, £4,391;

Y is the maintenance grant amount.

Type 1 and type 2 teacher training students who are 2008 cohort students

71

(1) This regulation applies to a 2008 cohort student who is a type 1 or a type 2 teacher training student with full entitlement.

(2) Subject to Chapter 4 of this Part and paragraph (5), the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year other than the final year of a course that is not an intensive course is equal to X–(Y+Z)where—

X is— for a student in category A, £3,673; for a student in category B, £6,643; for a student in category C, £5,653; for a student in category D, £4,745;

Y is the maintenance grant amount;

Subject to paragraph (4), Z is £1 for every complete £9.27 by which the household income exceeds £61,062.

(3) Subject to Chapter 4 of this Part and paragraph (5), the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year that is the final year of a course that is not an intensive course is equal to X–(Y+Z)where—

X is— for a student in category A, £3,319; for a student in category B, £6,048; for a student in category C, £4,915; for a student in category D, £4,391;

Y is the maintenance grant amount;

Subject to paragraph (4), Z is £1 for every complete £9.27 by which the household income exceeds £61,062.

(4) Where the same household income is used to assess the amount of a statutory award for which two or more persons qualify, Z in paragraphs (2) and (3) must be divided by the number of such persons before being deducted from X.

(5) Where the sum of the maximum loan for living costs calculated in accordance with paragraph (2) or (3) and Y is less than the minimum level for the academic year specified in regulation 102, the loan for living costs payable in respect of an academic year to which this regulation applies is calculated asA–B where—

A is the minimum level for the academic year specified in regulation 102

B is— for a type 1 teacher training student who qualifies under Chapter 6 of Part 5 for a maintenance grant, £646; for a type 2 teacher training student who qualifies under Chapter 6 or Part 5 for a maintenance grant, £1,292; or where no maintenance grant is payable, nil.

(6) In this regulation, “the maintenance grant amount” is—

(a) where the student is a type 1 teacher training student and qualifies under Chapter 6 of Part 5 for an amount of maintenance grant of £646 or more, but not exceeding £1,292, the amount of maintenance grant payable;

(b) where the student is a type 2 teacher training student and qualifies under Chapter 6 of Part 5 for an amount of maintenance grant of £1,292, £1,292;

(c) where the student is a type 1 or a type 2 teacher training student and qualifies under Chapter 6 of Part 5 for an amount of maintenance grant exceeding £1,292, £1,292; and

(d) where no maintenance grant is payable, nil.

2009 cohort students with full entitlement except type 1 and type 2 teacher training students

72

(1) This regulation applies to a 2009 cohort student with full entitlement except a type 1 or a type 2 teacher training student.

(2) Subject to Chapter 4 of this Part and paragraph (5), where the student’s household income exceeds £50,778, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year other than the final year of a course that is not an intensive course is equal to X–Y where—

X is— for a student in category A, £3,838; for a student in category B, £6,928; for a student in category C, £5,895; for a student in category D, £4,950;

Subject to paragraph (4), Y is £1 for every complete £5.00 by which the household income exceeds £50,778.

(3) Subject to Chapter 4 of this Part and paragraph (5), where the student’s household income exceeds £50,778, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year that is the final year of a course that is not an intensive course is equal to X–Ywhere—

X is— for a student in category A, £3,483; for a student in category B, £6,307; for a student in category C, £5,125; for a student in category D, £4,583;

Subject to paragraph (4), Y is £1 for every complete £5.00 by which the household income exceeds £50,778.

(4) Where the same household income is used to assess the amount of a statutory award for which two or more persons qualify, Y in paragraphs (2) and (3) must be divided by the number of such persons before being deducted from X.

(5) Where the maximum amount of loan for living costs is calculated in accordance with paragraph (2) or (3) and is less than the minimum level for the academic year specified in regulation 102, the minimum level for the academic year is payable.

(6) Subject to Chapter 4 of this Part, where the student’s household income exceeds £50,020 but does not exceed £50,778, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year other than the final year of a course that is not an intensive course is—

(a) for a student in category A, £3,838;

(b) for a student in category B, £6,928;

(d) for a student in category D, £4,950.

(7) Subject to Chapter 4 of this Part, where the student’s household income exceeds £50,020 but does not exceed £50,778, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year that is the final year of a course that is not an intensive course is—

(a) for a student in category A, £3,483;

(b) for a student in category B, £6,307;

(d) for a student in category D, £4,583.

(8) Subject to Chapter 4 of this Part, where the student’s household income is £50,020 or less, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year other than the final year of a course that is not an intensive course is equal to X–Y where—

X is— for a student in category A, £3,838; for a student in category B, £6,928; for a student in category C, £5,895; for a student in category D, £4,950;

Y is the maintenance grant amount.

(9) Subject to Chapter 4 of this Part, where the student’s household income is £50,020 or less, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year that is the final year of a course that is not an intensive course is equal to X–Ywhere—

X is— for a student in category A, £3,483; for a student in category B, £6,307; for a student in category C, £5,125; for a student in category D, £4,583;

Y is the maintenance grant amount.

(10) In this regulation, the “maintenance grant amount” is—

(a) where the student is not a type 3 teacher training student and qualifies under Chapter 6 of Part 5 for a maintenance grant, half the amount of the maintenance grant payable;

(b) where the student is a type 3 teacher training student and qualifies under Chapter 6 of Part 5 for a maintenance grant, the amount of maintenance grant payable; and

Type 1 and type 2 teacher training students who are 2009 cohort students

73

(1) This regulation applies to a 2009 cohort student who is a type 1 or a type 2 teacher training student with full entitlement.

(2) Subject to Chapter 4 of this Part and paragraph (5), the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year other than the final year of a course that is not an intensive course is equal to X–(Y+Z)where—

X is— for a student in category A, £3,838; for a student in category B, £6,928; for a student in category C, £5,895; for a student in category D, £4,950;

For a type 1 teacher training student Y is the maintenance grant amount.

For a type 2 teacher training student Yis— the maintenance grant amount; and £1 for every complete £30.33 by which the household income exceeds £34,000 but does not exceed £50,778, for a student who qualifies for a maintenance grant under Chapter 6 of Part 5.

Subject to paragraph (4),Z is £1 for every complete £5.00 by which the household income exceeds £50,778.

(3) Subject to Chapter 4 of this Part and paragraph (5), the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year that is the final year of a course that is not an intensive course is equal to X–(Y+Z)where—

X is— for a student in category A, £3,483; for a student in category B, £6,307; for a student in category C, £5,125; for a student in category D, £4,583;

For a type 1 teacher training studentY is the maintenance grant amount.

For a type 2 teacher training student Y is— the maintenance grant amount; and £1 for every complete £30.33 by which the household income exceeds £34,000 but does not exceed £50,778, for a student who qualifies for a maintenance grant under Chapter 6 of Part 5.

Subject to paragraph (4),Z is £1 for every complete £5.00 by which the household income exceeds £50,778.

(4) Where the same household income is used to assess the amount of a statutory award for which two or more persons qualify, Z in paragraphs (2) and (3) must be divided by the number of such persons before being deducted from X.

(5) Where the sum of the maximum loan for living costs calculated in accordance with paragraph (2) or (3) and B is less than the minimum level for the academic year specified in regulation 102, the loan for living costs payable in respect of an academic year to which this regulation applies is calculated asA–B where—

A is the minimum level for the academic year specified in regulation 102

B is— for a type 1 teacher training student who qualifies under Chapter 6 of Part 5 for a maintenance grant, £553; for a type 2 teacher training student who qualifies under Chapter 6 of Part 5 for a maintenance grant, £1,106; or where no maintenance grant is payable, nil.

(6) In this regulation, “the maintenance grant amount” is—

(a) where the student is a type 1 teacher training student and qualifies under Chapter 6 of Part 5 for an amount of maintenance grant of £553 or more, the amount of maintenance grant payable;

(b) where the student is a type 2 teacher training student and qualifies under Chapter 6 of Part 5 for an amount of maintenance grant of £1,106 or more, half the amount of maintenance grant payable; and

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

74

(1) This regulation applies to a current system student with full entitlement (other than a 2008 or 2009 cohort student or, where the student’s contribution exceeds nil, a type 1 or type 2 teacher training student).

(2) Subject to Chapter 4 of this Part, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year other than the final year of a course that is not an intensive course is equal to $X−Y$where—

X is— for a student in category A, £3,673; for a student in category B, £6,643; for a student in category C, £5,653; for a student in category D, £4,745;

Y is the maintenance grant amount.

(3) Subject to Chapter 4 of this Part, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year that is the final year of a course that is not an intensive course is equal to $X−Y$where—

X is— for a student in category A, £3,319; for a student in category B, £6,048; for a student in category C, £4,915; for a student in category D, £4,391;

Y is the maintenance grant amount.

Type 1 and type 2 teacher training students who are not 2008 or 2009 cohort students

75

(1) This regulation applies to a current system student with full entitlement who is a type 1 or type 2 teacher training student whose contribution exceeds nil, and who is not a 2008 or 2009 cohort student.

(2) Subject to Chapter 4 of this Part, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year other than the final year of a course that is not an accelerated course is —

(a) for a student in category A, £3,673;

(b) for a student in category B, £6,643;

(d) for a student in category D, £4,745.

(3) Subject to Chapter 4 of this Part, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year that is the final year of a course that is not an accelerated course is—

(a) for a student in category A, £3,319;

(b) for a student in category B, £6,048;

(d) for a student in category D, £4,391.

Old system students with full entitlement

76

(1) Subject to Chapter 4 of this Part, the maximum amount of loan for living costs for which an old system student with full entitlement qualifies in respect of an academic year other than the final year of a course that is not an intensive course is—

(a) for a student in category A, £3,673;

(b) for a student in category B, £6,643;

(d) for a student in category D, £4,745.

(2) Subject to Chapter 4 of this Part, the maximum amount of loan for living costs for which an old system student with full entitlement qualifies in respect of an academic year that is the final year of a course that is not an intensive course is—

(a) for a student in category A, £3,319;

(b) for a student in category B, £6,048;

(d) for a student in category D, £4,391.

Students with reduced entitlement

77

(1) Subject to Chapter 4 of this Part, the maximum amount of loan for living costs for which a student with reduced entitlement qualifies in respect of an academic year of a course other than the final year of a course that is not an intensive course is—

(a) where the student does not qualify for a grant for living and other costs in relation to the academic year because of regulation 38(3)(a)—

(i) for a student in category A, £1,744;

(ii) for a student in category B, £3,263;

(iii) for a student in category C or D, £2,324.

(b) where the student does not qualify for a grant for living and other costs in relation to the academic year because of regulation 38(3)(b) or (5)—

(i) for a student in category A, £1,744;

(ii) for a student in category B, £3,263;

(iii) for a student in category C, £2,780;

(iv) for a student in category D, £2,324.

(c) where the student, other than a 2009 cohort student, applies for a loan for living costs and opts not to provide the information needed to calculate the household income an amount equal to $X−Y$where—

X is—

(i) for a student in category A, £2,755;

(ii) for a student in category B, £4,982;

(iii) for a student in category C, £4,240;

(iv) for a student in category D, £3,559;

Y is the amount specified in paragraph (3).

(d) where a 2009 cohort student applies for a loan for living costs and opts not to provide the information needed to calculate the household income an amount equal to $X−Y$where—

X is—

(i) for a student in category A, £2,763;

(ii) for a student in category B, £4,988;

(iii) for a student in category C, £4,244;

(iv) for a student in category D, £3,564;

Y is the amount specified in paragraph (4).

(2) Subject to Chapter 4 of this Part, the maximum amount of loan for living costs for which a student with reduced entitlement qualifies in respect of an academic year that is the final year of a course that is not an intensive course is—

(a) where the student does not qualify for a grant for living and other costs in relation to the academic year because of regulation 38(3)(a)—

(i) for a student in category A, £1,324;

(ii) for a student in category B, £2,498;

(iii) for a student in category C or D, £1,811;

(b) where the student does not qualify for a grant for living and other costs in relation to the academic year because of regulation 38(3)(b) or (5)—

(i) for a student in category A, £1,324;

(ii) for a student in category B, £2,498;

(iii) for a student in category C, £2,031;

(iv) for a student in category D, £1,811;

(c) where the student, other than a 2009 cohort student, applies for a loan for living costs and opts not to provide the information needed to calculate the household income an amount equal to $X−Y$where—

X is—

(i) for a student in category A, £2,489;

(ii) for a student in category B, £4,536;

(iii) for a student in category C, £3,686;

(iv) for a student in category D, £3,293;

Y is the amount specified in paragraph (3);

(d) where a 2009 cohort student applies for a loan for living costs and opts not to provide the information needed to calculate the household income an amount equal to $X−Y$where—

X is—

(i) for a student in category A, £2,508;

(ii) for a student in category B, £4,541;

(iii) for a student in category C, £3,690;

(iv) for a student in category D, £3,300;

Y is the amount specified in paragraph (4).

(3) The amount specified in this paragraph is—

(a) £646 where the student is a type 1 teacher training student who opts not to provide the information needed to calculate the household income when applying for a maintenance grant and who qualifies for a maintenance grant of £646;

(b) £1,292 where the student is a type 2 teacher training student who opts not to provide the information needed to calculate the household income when applying for a maintenance grant and who qualifies for a maintenance grant of £1,292;

(4) The amount specified in this paragraph is—

(a) £553 where the student is a type 1 teacher training student who opts not to provide the information needed to calculate the household income when applying for a maintenance grant and who qualifies for a maintenance grant of £553;

(b) £1,106 where the student is a type 2 teacher training student who opts not to provide the information needed to calculate the household income when applying for a maintenance grant and who qualifies for a maintenance grant of £1,106;

CHAPTER 3 — LONG COURSES LOAN

Long courses loan

78

(1) A 2008 or 2009 cohort student qualifies for a long courses loan in connection with the student’s attendance on a designated course if the student—

(a) qualifies for a loan for living costs under this Part;

(b) is required to attend the course for a period exceeding 30 weeks and 3 days in an academic year; and

(2) The maximum amount of the long courses loan is $X+Y$where—

X is calculated in accordance with paragraph (3),

Y is calculated in accordance with paragraph (4).

(3) Where a 2008 or 2009 cohort student is required to attend a course for a period exceeding 30 weeks and 3 days in an academic year, the number of weeks or part weeks of attendance in the academic year beyond 30 weeks and 3 days is multiplied by the relevant amount in paragraph (5).

(4) Where a 2008 or 2009 cohort student attends a course for a period of not less than 45 weeks in any continuous period of 52 weeks, the total number of weeks in the 52-week period during which the student does not attend is multiplied by the relevant amount in paragraph (5).

(5) The amount is—

(a) for a student in category A, £54;

(b) for a student in category B, £106;

(d) for a student in category D, £83.

(6) A deduction from the amount of long courses loan calculated in accordance with this regulation may be made in accordance with Part 8.

CHAPTER 4 — MISCELLANEOUS

Quarters in respect of which the loan for living costs is payable

79

(1) Subject to regulation 82, the loan for living costs and the long courses loan are payable in respect of three quarters of the academic year.

(2) The loan for living costs is not payable—

(a) in the case of a compressed degree student, in respect of the quarter nominated by the Secretary of State;

(b) in any other case, in respect of the quarter in which, in the opinion of the Secretary of State, the longest of any vacation occurs.

(3) The long courses loan is not payable in respect of the quarter nominated by the Secretary of State.

Students falling into more than one category

80

Where an eligible student falls into more than one of the categories set out in regulation 87 in the course of the academic year—

(a) the maximum amount of loan for living costs for the academic year is the aggregate of the maximum amount of loan for living costs for each quarter in respect of which the loan for living costs is payable;

(b) the maximum amount of loan for living costs for each such quarter is one third of the maximum amount of loan for living costs which would apply for the academic year if the student fell into the category which applies to the relevant quarter for the duration of the academic year;

(c) the maximum amount of long courses loan for the academic year is the aggregate of the maximum amount of long courses loan for each quarter in respect of which the long courses loan is payable;

(d) the maximum amount of long courses loan for each such quarter is one third of the maximum amount of long courses loan which would apply for the academic year if the student fell into the category which applies to the relevant quarter for the duration of the academic year; and

(e) the category which applies to a quarter is—

(i) the category into which the student falls for the longer or longest period in that quarter; or

(ii) if the student falls into more than one category for an equal period in that quarter, the category with the higher or highest rate of loan for living costs for the academic year.

Students residing with parents

81

(1) Where an eligible student (“X”) resides at X’s parents’ home and the Secretary of State is satisfied that in all the circumstances X’s parents by reason of age, incapacity or otherwise cannot reasonably be expected to support X and that it would be appropriate for the amount of loan for living costs or long courses loan payable to a student in a category other than category A to apply in X’s case, X must be treated as if X were not residing at X’s parents’ home for the purposes of this Part.

(2) Paragraph (1) does not apply to an eligible student who begins the specified designated course on or after 1st September 2004.

Students becoming eligible in the course of an academic year

82

(1) Where one of the events listed in paragraph (2) occurs in the course of an academic year, a student may qualify for a loan for living costs in respect of such quarters in respect of which a loan for living costs is payable as begin after the relevant event occurs.

(2) The events are—

(a) the student’s course becomes a designated course;

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

(c) 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;

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

(e) the student becomes the child of a Turkish worker;

(f) the student becomes a person described in paragraph 6(1)(a) of Schedule 1; or

(g) the student becomes the child of a Swiss national.

(3) An eligible student to whom paragraph (1) applies does not qualify for a loan for living costs in respect of any academic year beginning before the academic year in which the relevant event occurred.

(4) The maximum amount of loan for living costs payable is the aggregate of the maximum amount of loan for living costs for each quarter in respect of which the student qualifies for the loan for living costs under this regulation.

(5) The maximum amount of loan for living costs for each quarter is one third of the maximum amount of loan for living costs which would apply for the academic year if the student fell into the category which applies to the relevant quarter for the duration of the academic year.

(6) The maximum amount of long courses loan payable is the aggregate of the maximum amount of long courses loan for each quarter in respect of which the student qualifies for the long courses loan under this regulation.

(7) The maximum amount of long courses loan for each quarter is one third of the maximum amount of long courses loan which would apply for the academic year if the student fell into the category which applies to the relevant quarter for the duration of the academic year.

Students who are treated as in attendance on a course

83

(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 loan for living costs or the long courses loan.

(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.

Increases in maximum amount

84

(1) This regulation does not apply in the case of a 2008 or 2009 cohort student or a student with reduced entitlement.

(2) Where an eligible student is required to attend the student’s course for a period exceeding 30 weeks and 3 days in an academic year, the maximum amount of loan for living costs specified in Chapter 2 of this Part is increased for each week or part week of attendance in the academic year beyond 30 weeks and 3 days by the relevant amount in paragraph (4).

(3) Where an eligible student attends the student’s course for a period of not less than 45 weeks in any continuous period of 52 weeks, the maximum amount of loan for living costs specified in Chapter 2 of this Part is increased for each week in the 52-week period during which the student did not attend by the relevant amount in paragraph (4).

(4) The amount is—

(a) for a student in category A, £54;

(b) for a student in category B, £106;

(d) for a student in category D, £83.

Deductions from loans for living costs

85

(1) A deduction from the amount of loan for living costs calculated under this Part in respect of a current system student with full entitlement who is not a 2008 or 2009 cohort student or an old system student with full entitlement may be made in accordance with Part 8.

(2) There is no deduction under Part 8 from the amount of loan for living costs calculated under this Part in respect of a 2008 or 2009 cohort student or a student with reduced entitlement.

Applying for an additional amount of loan for living costs or long courses loan

86

(1) An eligible student may apply to borrow an additional amount of loan for living costs or long courses loan where—

(a) the Secretary of State determines that the maximum amount of loan for living costs or long courses loan in relation to an academic year 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 of the loan or loans in question does not result from the eligible student—

(i) failing to provide information promptly which might affect the student’s ability to qualify for the loan or loans in question or the amount of loan or loans in question for which the student qualifies; or

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

(2) The additional amount under paragraph (1) is an amount which when added to the amount already applied for does not exceed the increased maximum.

(3) Where an eligible student has applied for a loan for living costs or long courses loan of less than the maximum amount to which the student is entitled in relation to the academic year, the 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 the student’s case.

Categories of student

87

In this Part—

(a) a student (“X”) is in category A if—

(i) X resides at X’s parents’ home while attending the designated course; or

(ii) X began the current course before 1st September 2009 and is a member of a religious order who resides in a house of that order;

(b) a student (“Y”) is in category B if Y is not in category A and Y attends one or more of the following—

(i) a course at the University of London;

(ii) a course at an institution which requires attendance for at least half the time in aggregate of any quarter of the course in the academic year at a site wholly or partly within the area comprising the City of London and the former Metropolitan Police District; or

(iii) a sandwich course at an institution which requires the eligible student to undertake work experience or a combination of work experience and study provided that ”Y” undertakes such work experience or combination of work experience and study for at least half the time in aggregate of any quarter of the course in the academic year at a site or sites wholly or partly within the area comprising the City of London and the former Metropolitan Police District;

(i) attends an overseas institution as part of the student’s course; or

(ii) attends the Institute;

(d) a student is in category D if the student is not in categories A to C.

PART 7 — COLLEGE FEE LOANS

General

88

An eligible student or person treated as an eligible student qualifies for a college fee loan in connection with the student’s attendance on a qualifying course in accordance with this Part.

Qualifying conditions

89

(1) Subject to paragraphs (2) and (3), an eligible student or person treated as an eligible student qualifies for a college fee loan in connection with the student’s attendance on a qualifying course if the student—

(a) has an honours degree from an institution in the United Kingdom;

(b) is taking a qualifying course which the student—

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

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

(c) is a member of a college or a permanent private hall of the University of Oxford or a member of a college of the University of Cambridge; and

(d) was under the age of 60 on the first day of the first academic year of the qualifying course.

(2) An eligible student who falls within paragraph 9 of Part 2 of Schedule 1 does not qualify for a college fee loan under this Part if the student is ordinarily resident in Wales or Northern Ireland.

(3) An eligible student who falls within paragraph 9 of Part 2 of Schedule 1 and who is ordinarily resident in Scotland does not qualify for a college fee loan if the student is settled in the United Kingdom other than by reason of having acquired the right of permanent residence or if the student is the family member of such a person.

Persons to be treated as eligible students

90

A person is a “person treated as an eligible student” if—

(a) none of the circumstances in regulation 5(3) applies to that person; and

(b) either—

(i) that person would have fallen within paragraph 3, 6, 7, 10 or 11 of Part 2 of Schedule 1 if any requirement in those paragraphs to be ordinarily resident in England at a particular time had been a requirement to be ordinarily resident in Scotland at that time or if any requirement to be working or self-employed in England had been a requirement to be working or self-employed in Scotland; or

(ii) that person is settled in the United Kingdom by virtue of a right of permanent residence and would have fallen within paragraph 8 of Part 2 of Schedule 1 if the requirement in that paragraph to be ordinarily resident in England at a particular time had been a requirement to be ordinarily resident in Scotland.

Disabled students

91

A disabled student who is undertaking a qualifying course in the United Kingdom but who is not in attendance because the student is unable to attend for a reason which relates to that student’s disability is treated as being in attendance on the qualifying course for the purpose of qualifying for the college fee loan.

Students becoming eligible during the course of an academic year

92

(1) Where one of the events listed in paragraph (2) occurs in the course of an academic year—

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

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

(2) The relevant events are—

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

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

(c) the student becomes a family member (as defined in Part 1 of Schedule 1) of an EC national or would have become a family member of an EC national if the requirement to be working or self-employed in England had been a requirement to be working or self-employed in Scotland;

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

(e) the student becomes the child of a Turkish worker;

(f) the student becomes a person described in paragraph 6(1)(a) of Schedule 1 or would have become such a person if the requirement to be ordinarily resident in England and the requirement to be working or self-employed in England in paragraph 6 of Schedule 1 had been requirements to be ordinarily resident in Scotland or working or self-employed in Scotland;

(g) the student becomes the child of a Swiss national.

Availability of college fee loans

93

(1) A college fee loan is available in respect of each standard academic year of the qualifying course and in respect of one academic year of the qualifying course that is not a standard academic year.

(2) Where a qualifying student is allowed to study the content of one standard academic year of the qualifying course over two or more academic years, for the purpose of determining whether a college fee loan is available to the qualifying student for those years, the first of such years of study is to be treated as a standard academic year and the following academic years of that kind are to be treated as academic years that are not standard academic years.

(3) For the purposes of this Part, “standard academic year” means an academic year of the qualifying course that would be taken by a person who does not repeat any part of the course and who enters the course at the same point as the qualifying student.

Amount of college fee loan

94

(1) The amount of the college fee loan in respect of an academic year of a qualifying course must not exceed the amount equal to the college fees payable by the student to the college or permanent private hall in connection with that year.

(2) Where a qualifying student has applied for a college fee loan of less than the maximum amount available in relation to the academic year, the student may apply to borrow an additional amount which, when added to the amount already applied for, does not exceed the maximum amount available.

Transfers

95

Despite regulation 8, where a qualifying student transfers from one qualifying course to another qualifying course—

(a) the Secretary of State must transfer the student’s status as a qualifying student to the other course on the request of the student unless the period of eligibility has terminated;

(b) subject to paragraph (c), if the student transfers before the end of the academic year after applying for a college fee loan, the amount applied for is paid to the relevant college or permanent private hall in respect of the qualifying course to which the student transfers provided that the conditions in regulation 111 are met and the student cannot qualify for another college fee loan in respect of that academic year;

(c) if the student transfers after the college fee loan is paid and before the end of the academic year, the student cannot apply for another college fee loan in connection with the academic year of the qualifying course to which the student transfers.

PART 8 — FINANCIAL ASSESSMENT

Calculation of contribution

96

(1) An eligible student’s contribution in respect of an academic year is the amount, if any, calculated under Schedule 4.

(2) For the purposes of the exercise of the Secretary of State’s functions under the 1998 Act and regulations made under it the Secretary of State may require an eligible student to provide from time to time such information as the Secretary of State considers necessary as to the income of any person whose means are relevant to the assessment of the student’s contribution.

Application of contribution – 2008 or 2009 cohort students

97

In the case of a 2008 or 2009 cohort student, the Secretary of State must apply the contribution in accordance with regulation 100.

Application of contribution – current system students who are not 2008 or 2009 cohort students

98

In the case of a current system student who is not a 2008 or 2009 cohort student, the Secretary of State must apply the contribution in accordance with regulation 101.

Application of contribution – old system students

99

(1) Subject to paragraph (3), where the basic amount of the grant for fees has been calculated in accordance with regulation 31(1) or 32(1), to determine the actual amount of grant for fees that is payable, the Secretary of State must first apply the contribution to reduce the basic amount of the grant for fees.

(2) If the contribution is not extinguished under paragraph (1), the Secretary of State must apply the remainder in accordance with regulation 101.

(3) Where the course is a course for the initial training of teachers (other than a course for a first degree), there is no deduction from the basic amount of the grant for fees under this regulation and the contribution is applied in accordance with regulation 101.

(4) Where the basic amount of the grant for fees has been calculated in accordance with regulation 31(2) or regulation 32(2) and one of the cases set out in regulation 24(3)(b) or (d) applies, to determine the actual amount of the grant for fees that is payable, the Secretary of State must—

(a) first, apply the contribution to reduce the basic amount of the grant for fees;

(b) second, if the contribution is not extinguished, deduct an amount equal to the basic amount of the grant for fees from what is left of the contribution reducing the remainder of the contribution to no less than nil; and

(5) In the case of an Erasmus year, the Secretary of State must apply the amount by which the contribution exceeds £1,310 in accordance with regulation 101.

(6) Where none of the circumstances in paragraphs (1) to (5) apply, the contribution is applied in accordance with regulation 101.

Order of application – 2008 or 2009 cohort students

100

The contribution or the remainder of the contribution, as the case may be, is to be applied as follows—

(a) first, to reduce the amount of adult dependants’ grant calculated in accordance with regulation 47;

(b) second, to reduce the childcare grant calculated in accordance with regulation 47;

(c) third, to reduce the parents’ learning allowance calculated in accordance with regulation 47 (except the first £50 of the allowance);

(d) fourth, to reduce the long courses loan calculated in accordance with Chapter 3 of Part 6;

(e) fifth, to reduce the grant for travel calculated in accordance with Chapter 5 of Part 5.

Order of application – other eligible students

101

The contribution or the remainder of the contribution, as the case may be, is to be applied as follows—

(a) first, to reduce the amount of adult dependants’ grant calculated in accordance with regulation 47;

(b) second, to reduce the childcare grant calculated in accordance with regulation 47;

(c) third, to reduce the parents’ learning allowance calculated in accordance with regulation 47 (except the first £50 of the allowance);

(d) fourth, to reduce the loan for living costs for which the eligible student (other than a student with reduced entitlement) qualifies under Part 6 to no less than the minimum level for the academic year specified in regulation 102;

(e) fifth, to reduce the grant for travel calculated in accordance with Chapter 5 of Part 5.

Minimum level of loan for living costs

102

(1) Subject to paragraphs (2) and (5), for a student other than a 2009 cohort student, the “minimum level for the academic year” in regulations 70(5), 71(5) and 101(d) is—

(a) £2,755, in the case of a student in category A;

(b) £4,982, in the case of a student in category B;

(d) £3,559, in the case of a student in category D.

(2) Subject to paragraph (5), for a student other than a 2009 cohort student, where the academic year in question is the final year of a course other than an intensive course, the “minimum level for the academic year” in regulations 70(5), 71(5) and 101(d) is—

(a) £2,489, in the case of a student in category A;

(b) £4,536, in the case of a student in category B;

(d) £3,293, in the case of a student in category D.

(3) Subject to paragraphs (4) and (5), for a 2009 cohort student the “minimum level for the academic year” in regulations 72(5) and 73(5) is—

(a) £2,763, in the case of a student in category A;

(b) £4,988, in the case of a student in category B;

(d) £3,564, in the case of a student in category D.

(4) Subject to paragraph (5), for a 2009 cohort student where the academic year in question is the final year of a course other than an intensive course, the “minimum level for the academic year” in regulations 72(5) and 73(5) is—

(a) £2,508, in the case of a student in category A;

(b) £4,541, in the case of a student in category B;

(d) £3,300, in the case of a student in category D.

(5) Where different categories apply for different quarters of the academic year, the minimum levels in paragraphs (1) to (4) are the aggregate of the amounts determined under paragraph (6) for each of the quarters in respect of which a loan is payable.

(6) The amount determined for each quarter is one third of the amount in paragraph (1), (2), (3) or (4) which corresponds to the rate applicable for the quarter.

(7) The rate applicable for a quarter is determined in accordance with regulation 80.

(8) Categories A to D have the meaning given in regulation 87.

Amount of loan for living costs payable to certain type 1 and type 2 teacher training students

103

(1) This regulation applies to type 1 and type 2 teacher training students who qualify for a maintenance grant and whose contribution exceeds nil.

(2) This regulation does not apply to 2008 or 2009 cohort students.

(3) The loan for living costs payable in respect of an academic year to a student to whom this regulation applies is calculated as follows—

$$A−B$ where A is the amount of loan for living costs left after applying the contribution in accordance with this Part; and B is the amount of maintenance grant payable to the student.$

PART 9 — PAYMENTS

CHAPTER 1 — INTERPRETATION OF PART 9

Interpretation

104

In this Part—

(a) “attendance confirmation” means—

(i) confirmation from the academic authority that the student has enrolled for the academic year where—

(aa) the student is applying for support in connection with a designated course for the first time;

(bb) the student has a disability; and

(cc) the student is undertaking the course but not attending (regardless of whether the reason for not attending relates to the student’s disability);

(ii) confirmation from the academic authority that the student has been present at the institution and begun to attend the course where—

(aa) the student is applying for support in connection with a designated course for the first time;

(bb) the student’s status as an eligible student has not been transferred to the course from another designated course at the same institution; and

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

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