The Education (Student Support) Regulations 2011

Made: 9th August 2011

Laid before Parliament: 11th August 2011

Coming into force: 1st September 2011

The Secretary of State for Business, Innovation and Skills makes the following Regulations in exercise of the powers conferred by sections 22 and 42(6) of the Teaching and Higher Education Act 1998 :

PART 1 — GENERAL

Citation, commencement and application

1

• (1) These Regulations may be cited as the Education (Student Support) Regulations 2011 and come into force on 1st September 2011.

• (2) These Regulations apply in relation to England .

• (3) These Regulations (other than regulations 3, 117 and 118) apply in relation to the provision of support to students in relation to an academic year which begins on or after 1st September 2012 whether anything done under these Regulations is done before, on or after 1st September 2012.

Interpretation

2

• (1) In these Regulations—

• “the 1962 Act” means the Education Act 1962 ;

• “the 1998 Act” means the Teaching and Higher Education Act 1998;

• “the 2017 Act” means the Higher Education and Research Act 2017;

• “the 1998 Regulations” means the Education (Student Support) Regulations 1998 ;

• “the 1999 Regulations” means the Education (Student Support) Regulations 1999 ;

• “the 2000 Regulations” means the Education (Student Support) Regulations 2000 ;

• “the 2001 Regulations” means the Education (Student Support) Regulations 2001 ;

• “the 2002 Regulations” means the Education (Student Support) Regulations 2002 ;

• “the 2003 Regulations” means the Education (Student Support) (No. 2) Regulations 2002 as amended only by the Education (Student Support) (No. 2) Regulations 2002 (Amendment) Regulations 2003 and the Education (Student Fees and Support) (Switzerland) Regulations 2003 ;

• “the 2004 Regulations” means the 2003 Regulations as amended by the Education (Student Support) (No. 2) Regulations 2002 (Amendment) Regulations 2004 , the Education (Student Support) (No. 2) Regulations 2002 (Amendment) (No. 2) Regulations 2004 , the Education (Student Support) (No. 2) Regulations 2002 (Amendment) (No. 3) Regulations 2004 , the Education (Student Support) (No. 2) Regulations 2002 (Amendment) (No. 4) Regulations 2004 , the Education (Student Support) (No. 2) Regulations 2002 (Amendment) Regulations 2005 , the Education (Student Support) (Amendment) Regulations 2005 and the Education (Student Support) (Amendment) (No. 2) Regulations 2005 ;

• “the 2005 Regulations” means the Education (Student Support) Regulations 2005 ;

• “the 2006 Regulations” means the Education (Student Support) Regulations 2006 ;

• “the 2007 Regulations” means the Education (Student Support) Regulations 2007 ;

• “the 2008 Regulations” means the Education (Student Support) Regulations 2008 ;

• “the 2008 (No.2) Regulations” means the Education (Student Support) (No.2) Regulations 2008 ;

• “the 2009 Regulations” means the Education (Student Support) Regulations 2009 ;

• “the 2020 Citizens’ Rights Regulations” means the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020;

• ...

• “2009 cohort student” means a current system student who—begins the current course on or after 1st September 2009 and before 1st September 2012 ...;transfers to the current course pursuant to regulation 7 on or after 1st September 2012 from a course beginning on or after 1st September 2009 and before 1st September 2012; orbegins an end-on course on or after 1st September 2012 immediately after ceasing to attend a course that begins on or after 1st September 2009 and before 1st September 2012,and to whom one of the following sub-paragraphs applies—the student has not previously undertaken any course which began before 1st September 2008 and which is a previous course; or ...the course leads to qualification as a social worker, medical doctor, dentist, veterinary surgeon or architect;

• “2012 cohort student” means a current system student who—begins the current course on or after 1st September 2012 and before 1st August 2016 and is not a ... 2009 or 2016 cohort student;transfers to the current course pursuant to regulation 7 on or after 1st August 2016 from a course that—is not a distance learning course; andbegins on or after 1st September 2012 and before 1st August 2016; orbegins an end-on course on or after 1st August 2016 immediately after ceasing to attend a course that begins on or after 1st September 2012 and before 1st August 2016;

• “2016 cohort student” means a current system student who—begins the current course on or after 1st August 2016;is not a ... 2009 or 2012 cohort student;has not transferred to the current course pursuant to regulation 7 from a course that—is not a distance learning course; andbegan before 1st August 2016; andis not beginning an end-on course on or after 1st August 2016;

• “academic authority” means, in relation to an institution, the governing body or other body having the functions of a governing body and includes a person acting with the authority of that body;

• “academic year” means the period of twelve months beginning on 1st January, 1st April, 1st July or 1st September of the calendar year in which the academic year of the course in question begins according to whether that academic year begins on or after 1st January and before 1st April, on or after 1st April and before 1st July, on or after 1st July and before 1st August or on or after 1st August and on or before 31st December, respectively;

• “Academy” means a school to which Academy arrangements under section 1 of the Academies Act 2010 relate;

• “accelerated course” means—where the course begins before 1st August 2019, a course which persons undertaking it are normally required by the institution providing it to attend (whether at premises of the institution or elsewhere) for a period of at least 40 weeks in the final year, being a course of two academic years’ duration; orwhere the course begins on or after 1st August 2019, a higher education course as defined in section 83(1) of the 2017 Act where the number of academic years applicable to the course is at least one fewer than would normally be the case for that course or a course of equivalent content leading to the grant of the same or an equivalent academic award;

• “accredited institution” means an institution accredited by the Secretary of State under regulation 11 of the Education (School Teachers’ Qualifications) (England) Regulations 2003;

• “allied health profession subject” means chiropody, dental profession subject, dietetics, dietetics and nutrition, occupational therapy, orthoptics, orthotics and prosthetics, physiotherapy, podiatry, radiography, radiotherapy, and speech and language therapy;

• “approved HTQ” means an approved technical education qualification (within the meaning of Chapter A1 of Part 1 of the Apprenticeships, Skills, Learning and Children Act 2009 (see section A12(1) of that Act)) which is—included in the list of qualifications maintained by the Secretary of State in accordance with section A2HA of the Apprenticeships, Skills, Learning and Children Act 2009 (list of technical education qualifications); andat level 4 or 5—on the Framework for Higher Education Qualifications of UK-Degree Awarding Bodies, as amended from time to time; oras described in the Ofqual Handbook: General Conditions of Recognition, as amended from time to time;

• “approved provider” and “approved (fee cap) provider” mean English higher education providers registered in the approved and approved (fee cap) parts of the register respectively;

• “authority-funded” means—...in relation to educational institutions in Wales, maintained or assisted by recurrent grants from the Higher Education Funding Council for Wales before 1st August 2024 or the Commission for Tertiary Education and Research on or after 1st August;in relation to educational institutions in Scotland, maintained or assisted by recurrent grants from the Scottish Funding Council; andin relation to educational institutions in Northern Ireland, maintained or assisted by recurrent grants from the Department for Employment and Learning in Northern Ireland or the Department for Agriculture and Rural Development in Northern Ireland.

• “borrower” means a person to whom a loan has been made;

• “bursary year” means an academic year of a course in relation to which the student is—eligible to apply for a healthcare bursary the amount of which is calculated by reference to income whether or not the calculation results in a nil amount;...eligible for a healthcare tuition payment;

• ...

• “compressed degree course” means a course which begins before 1st August 2019 and which is determined in accordance with paragraph (2) to be a compressed degree course;

• “compressed degree student” means an eligible student who—is undertaking a compressed degree course in the United Kingdom (the “course”); began the course before 1st August 2019; and either—is required to be in attendance on the course for part of the academic year for which the student is applying for support; oris a disabled student who is not required to be in attendance on the course because the student is unable to attend for a reason which relates to that student's disability;

• “contribution” means an eligible student's contribution calculated pursuant to regulation 99 and Schedule 4;

• “course designation event” has the meaning given in regulation 2A(5);

• “course for the initial training of teachers” has the meaning given in paragraph (1ZA);

• “the course start date” means the day on which the first term of the first academic year of a course actually begins;

• “current course” means the designated course in respect of which a person is applying for support;

• ...

• “current part-time course” means the designated part-time course in respect of which a person is applying for support;

• “current postgraduate course” means the designated postgraduate course in respect of which a person is applying for support;

• “current system student” means an eligible student who—...either—began attending the current course on or after 1st September 2006 and is continuing on that course after 31st August 2012; orbegins attending the current course on or after 1st September 2012; orbegins undertaking the current course on or after 1st September 2012;

• “dental profession subject” means dental hygiene, dental therapy and dental hygiene and dental therapy;

• “designated course” means a course designated by regulation 5 or by the Secretary of State under regulation 5;

• ...

• “designated part-time course” means a course designated by regulation 139 or by the Secretary of State under regulation 139;

• “designated postgraduate course” means a course designated by regulation 161 or by the Secretary of State under regulation 161;

• “Directive 2004/38” means Directive 2004/38 of the European Parliament and of the Council of 29th April 2004 on the rights of citizens of the Union and their family members to move and reside freely in the territory of the Member States;

• “disability” has the meaning given in section 6 of the Equality Act 2010;

• “disabled distance learning students' allowance” means the grant payable under regulation 127;

• “disabled part-time students' allowance” means the grant payable under regulation 147;

• “disabled students' allowance” means the grant payable under regulation 40;

• “distance learning course” means a course on which a student undertaking the course is not required to be in attendance by the institution providing the course, where “required to be in attendance” is not satisfied by a requirement imposed by the institution to attend any institution—for the purposes of registration or enrolment or any examination;on a weekend or during any vacation; oron an occasional basis during the week;

• “electronic signature” is so much of anything in electronic form as—is incorporated into or otherwise logically associated with any electronic communication or electronic data; andpurports to be so incorporated or associated for the purpose of being used in establishing the authenticity of the communication or data, the integrity of the communication or data, or both;

• ...

• “eligible care leaver” means an independent eligible student described in paragraph 2(1)(f) of Schedule 4 who is a 2016 cohort student;

• “eligible part-time care leaver” means an independent eligible part-time student described in paragraph 2(1)(f) of Schedule 6;

• “eligible part-time student” has the meaning given in regulation 137;

• “eligible postgraduate student” has the meaning given in regulation 159;

• “eligible prisoner” means a prisoner—who begins the current course or current part-time course on or after 1st September 2012;who is serving a sentence of imprisonment in the United Kingdom;has been authorised by the prison Governor or Director or other appropriate authority to study the current course or current part-time course;whose earliest release date is within 6 years of the first day of the first academic year of the current course or current part-time course;who has not transferred to the current course or current part-time course under regulation 7 or 139A from a course beginning before 1st September 2012; andis not beginning an end-on course on or after 1st September 2012;

• “eligible student” has the meaning given in paragraph (3);

• “employment-based teacher training scheme” means—a scheme established by the Secretary of State whereby a person may undertake initial teacher training in order to obtain qualified teacher status while being employed to teach at a school or other educational institution except a pupil referral unit; ora scheme established by the National Assembly for Wales or the Welsh Ministers whereby persons who are or who have been employed in a school or other educational institution except a pupil referral unit may become qualified teachers;

• “end-on course” means—a full-time first degree course (other than a first degree course for the initial training of teachers) beginning before 1st September 2009 which, disregarding any intervening vacation, a student begins immediately after ceasing to attend a full-time course mentioned in paragraph 2 or 3 of Schedule 2 for which the student received or was entitled to receive ... a loan under the 1998 Regulations or support under the 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008 or 2008 (No.2) Regulations;a full-time honours degree course beginning on or after 1st September 2006 but before 1st September 2009 which, disregarding any intervening vacation, a student begins immediately after ceasing to attend a full-time foundation degree course and for which the student received or was entitled to receive ... a loan under the 1998 Regulations or support under the 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008 or 2008 (No.2) Regulations;...a full-time first degree course beginning on or after 1st September 2009, but before 1st September 2012 (other than a first degree course for the initial training of teachers) which, disregarding any intervening vacation, a student begins immediately after ceasing to attend a full-time higher education course or to undertake a part-time higher education course ... mentioned in paragraph 2, 3 or 4 of Schedule 2 or a foundation degree course having achieved a qualification;a full-time honours degree course beginning on or after 1st September 2012 , but before 1st August 2016 which, disregarding any intervening vacation, a student begins to attend immediately after ceasing to attend a full-time course mentioned in paragraph 2, 3 or 4 of Schedule 2 or a full-time foundation or ordinary degree course, which started before 1st September 2012, having achieved a qualification;a full-time distance learning honours degree course beginning on or after 1st September 2012 which, disregarding any intervening vacation, a student begins immediately after ceasing to undertake ... a distance learning foundation or ordinary degree course, which started before 1st September 2012, having achieved a qualification;... a full-time honours degree course beginning on or after 1st August 2016 which, disregarding any intervening vacation, a student begins to attend immediately after ceasing to attend a full-time course mentioned in paragraph 2, 3 or 4 of Schedule 2 that is not a distance learning course or a full-time foundation or ordinary degree course that is not a distance learning course, which started before 1st August 2016, having achieved a qualification;

• “English higher education provider” has the meaning given by section 83(1) of the 2017 Act;

• “equivalent or lower qualification” means a qualification determined in accordance with paragraph (5) to be an equivalent or lower qualification;

• “Erasmus year” means an academic year of a course where a student is participating in the action scheme of the EU for the mobility of university students known as ERASMUS , in the scheme established by the Secretary of State for Education known as the Turing scheme, or in the scheme established by the Welsh Ministers known as the International Learning Exchange Programme, the student’s course is a course referred to in regulation 5(1)(d) or 139(1)(d) and―...where the course ... is provided by an institution in Northern Ireland ..., all the periods of study or work placement during the academic year are attended at an institution or workplace outside the United Kingdom (as the case may be); orwhere the course ... is provided by an institution in England , Scotland or Wales―at least one period of study or work placement is attended at an institution or workplace outside the United Kingdom (as the case may be); andeither—in respect of that academic year the aggregate of any one or more periods of full-time study at the institution in the United Kingdom is less than 10 weeks; orin 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.