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The Education (Student Support) Regulations 2011

Type Statutory-Instrument

Publication 2011-08-09

Last updated 2026-03-09

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(2) Regulations 111 and 112 apply in respect of the payment of ...loans other than loans for living costs in connection with designated part-time courses.

Provision of United Kingdom national insurance number

111

(1) The Secretary of State may make it a condition of entitlement to payment of any loan that the eligible student must provide the Secretary of State with the student's United Kingdom national insurance number.

(2) Where the Secretary of State has imposed a condition under paragraph (1), the Secretary of State must not make any payment of the loan to the eligible student before the Secretary of State is satisfied that the student has complied with that condition.

(3) Despite paragraph (2), the Secretary of State may make a payment of loan to an eligible student if the Secretary of State is satisfied that owing to exceptional circumstances it would be appropriate to make such a payment without the eligible student having complied with the condition imposed under paragraph (1).

Information requirements

112

(1) The Secretary of State may at any time request from an applicant or eligible student information that the Secretary of State considers is required to recover a loan.

(2) The Secretary of State may at any time require an applicant or eligible student to enter into an agreement to repay a loan by a particular method.

(3) The Secretary of State may at any time request from an applicant or eligible student sight of their valid national identity card, valid passport issued by the state of which they are a national or their birth certificate.

(4) Where the Secretary of State has requested information under this regulation, the Secretary of State may withhold any payment of a loan until the person provides what has been requested or provides a satisfactory explanation for not complying with the request.

(5) Where the Secretary of State has required an agreement as to the method of repayment under this regulation, the Secretary of State may withhold any payment of a loan until the person provides what has been required.

Payment of fee loans

113

(1) The Secretary of State must pay the fee loan for which an eligible student qualifies to an institution to which the student is liable to make payment.

(2) The Secretary of State may pay the fee loan in instalments.

(3) The Secretary of State must not pay the fee loan or instalment of fee loan until the Secretary of State has received from the academic authority—

(a) a request for payment; and

(b) confirmation (in such form as may be required by the Secretary of State) of the student's attendance on the course for the period to which the instalment relates.

(3A) For a student beginning the current course on or after 1st August 2016, an academic authority must not send confirmation of the student’s attendance to the Secretary of State—

(a) in the case of an institution with degree awarding powers pursuant to section 76 of the Further and Higher Education Act 1992 or sections 42 to 49 of the 2017 Act, until the student is registered on the course at the institution;

(b) in the case of a course validated by an institution with degree awarding powers pursuant to section 76 of the Further and Higher Education Act 1992 or sections 42 to 49 of the 2017 Act, until the validating institution has been notified by the institution teaching the student that the student is studying on the course covered by the validation agreement; or

(c) where neither sub-paragraph (a) or (b) applies, until the student has been registered with the relevant awarding body.

(4) In this regulation, “confirmation of the student's attendance” means confirmation from the academic authority that the student-

(a) has enrolled for the academic year and has begun to attend (or in the case of a distance learning course undertake) the course for that academic year, where the confirmation relates to payment of the fee loan or the first instalment of the fee loan for the academic year; or

(b) remains enrolled and continues to attend (or in the case of a distance learning course undertake) the course, where the confirmation relates to payment of an instalment of the fee loan other than the first instalment.

(5) The academic authority must inform the Secretary of State if a student ceases to attend or undertake the designated course during the academic year.

Payment of fee contribution loans

114

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Payment of college fee loans

115

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Payment of loans for living costs and long courses loans

116

(1) The Secretary of State may pay support under Part 6 in instalments.

(2) Subject to paragraph (4), the Secretary of State may pay support under Part 6 at such times as the Secretary of State considers appropriate.

(3) An academic authority is required to send an attendance confirmation to the Secretary of State.

(4) The Secretary of State must not pay the first instalment, or where it has been determined not to pay support under Part 6 by instalments, make any payment of support under Part 6 to the eligible student before the Secretary of State has received an attendance confirmation from the relevant academic authority unless an exception applies.

(5) An exception applies if the Secretary of State has determined that owing to exceptional circumstances it would be appropriate to make a payment without receiving an attendance confirmation.

(6) Where a final assessment cannot be made on the basis of the information provided by the student, the Secretary of State may make a provisional assessment and payment of support under Part 6.

(7) Payments of support under Part 6 are to be made in such manner as the Secretary of State considers appropriate and the Secretary of State may make it a condition of entitlement to payment that the eligible student must provide the Secretary of State with particulars of a bank or building society account in the United Kingdom into which payments may be made by electronic transfer.

(8) Where the Secretary of State has made any payment of support under Part 5 or under Part 6 and a student who qualifies for a loan for living costs or a long courses loan under Part 6 applies for either loan or applies for an additional amount of either loan in respect of an academic year, the Secretary of State may pay that loan (or loans, as the case may be) or that additional amount of loan (or loans, as the case may be) in such instalments (if any) and at such times as the Secretary of State considers appropriate as soon as is reasonably practicable after a satisfactory application has been received.

(9) Subject to paragraph (10), no support under Part 6 is due in respect of any day of an academic year on which the eligible student is a prisoner, unless in the opinion of the Secretary of State it would be appropriate in all the circumstances for support to be paid in respect of that day.

(10) In deciding whether it would be appropriate for support to be due under paragraph (9) the circumstances to which the Secretary of State must have regard include the financial hardship which not paying the support would cause and whether not paying the support would affect the student's ability to continue the course.

(11) No support under Part 6 in respect of the current course is due in respect of any payment period beginning after an eligible student's period of eligibility terminates.

(12) No support under Part 6 is due in respect of a payment period during part of which an eligible student is absent from the course, unless in the opinion of the Secretary of State it would be appropriate in all the circumstances for support to be paid in respect of the period of absence.

(13) In deciding whether it would be appropriate for support to be due under paragraph (12) the circumstances to which the Secretary of State must have regard include the reasons for the student's absence, the length of the absence and the financial hardship which not paying the support would cause.

(14) An eligible student is not to be considered absent from the student's course if the student is unable to attend due to illness and the student's absence has not exceeded 60 days.

(15) Where, after the Secretary of State has made any payment of support under Part 6 for which a student qualifies in respect of an academic year, the Secretary of State makes a determination that the amount of loan for living costs or long courses loan for which the student qualifies is less than the amount previously determined either by way of a revision of a provisional assessment or otherwise—

(a) the Secretary of State must subtract from any amount of loan which remains to be paid under Part 6 such amount as is necessary to ensure that the student does not borrow an amount of loan under Part 6 which is greater than that for which the student qualifies;

(b) if the amount to be subtracted is greater than the amount of loan remaining to be paid under Part 6, the amount of that loan remaining to be paid is reduced to nil;

CHAPTER 5 — OVERPAYMENTS

Overpayments of fee support

117

(1) Any overpayment of a fee loan is recoverable by the Secretary of State from—

(a) the academic authority; or

(b) the student in respect of whom the payment of a fee loan was made.

(1A) A student must, if so required by the Secretary of State, repay any amount of a fee loan paid in respect of the student which for whatever reason exceeds the amount of a fee loan to which the student is entitled.

(1B) An academic authority must, if so required by the Secretary of State, repay any amount of a fee loan paid to the academic authority in respect of a student which for whatever reason exceeds the amount of a fee loan to which the student is entitled.

(2) An overpayment of a fee loan may be recovered from a student under paragraph (1)(b) in whichever one or more of the following ways the Secretary of State considers appropriate in all the circumstances,—

(a) by subtracting the overpayment from any amount of the fee loan which remains to be paid;

(aa) by subtracting the overpayment from any kind of grant or loan payable to the student from time to time pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act;

(b) by requiring the student to repay the fee loan in accordance with regulations made under section 22 of the 1998 Act;

Overpayments of college fee loan

118

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Overpayments of support payable under Part 5 or Part 6

119

(1) A student must, if so required by the Secretary of State, repay any amount paid to the student under Part 5 or 6 which for whatever reason exceeds the amount of support to which the student is entitled under Part 5 or 6.

(2) The Secretary of State must recover an overpayment of any grant for living and other costs unless the Secretary of State considers it is not appropriate to do so.

(3) The methods of recovery are—

(a) subtracting the overpayment from any kind of grant or loan payable to the student from time to time pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act;

(b) taking such other action for the recovery of an overpayment as is available to the Secretary of State.

(4) A payment of any grant for living and other costs made before the relevant date is an overpayment if the student withdraws from the course before the relevant date unless the Secretary of State decides otherwise.

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

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

(7) The circumstances are—

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

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

(8) The circumstances are—

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

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

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

(10) Any overpayment of a loan for living costs or a long courses loan in respect of any academic year is recoverable by the Secretary of State from the student to whom the payment was made.

(11) The methods of recovery are—

(a) subtracting the overpayment from any kind of grant or loan payable to the student from time to time pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act;

(b) requiring the student to repay the loan in accordance with regulations made under section 22 of the 1998 Act;

(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 10 — SUPPORT FOR DESIGNATED DISTANCE LEARNING COURSES

Eligible distance learning students

120

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Students becoming eligible during the course of the academic year

121

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Designated distance learning courses

122

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Period of eligibility

123

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Support for distance learning courses

124

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Amount of support for designated distance learning courses

125

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Interpretation of regulation 125

126

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Disabled distance learning students' allowance

127

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Applications for support

128

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Declarations provided by academic authorities

129

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Information

130

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Transfer of status

131

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Conversion of status

132

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Payment of grants for fees

133

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Payment of grants for books, travel and other expenditure and disabled distance learning students' allowance

134

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Overpayments

135

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PART 11 — Eligibility in connection with designated part-time courses and transfers of status etc.

Interpretation of Part 11

136

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In this Part,—

(a) “period ordinarily required to complete the full-time equivalent” means—

(i) where the course is provided by or on behalf of the Open University, the period that a standard full-time student would require to complete the full-time equivalent if that student were awarded 120 credit points in each academic year;

(ii) where the course is provided by or on behalf of any other institution, the period in which a standard full-time student would complete the full-time equivalent;

(b) “standard full-time student” is a student who is to be taken—

(i) to have begun the full-time equivalent on the same date as the eligible part-time student began the part-time course in question;

(ii) not to have been excused any part of the full-time equivalent;

(iii) not to have repeated any part of the full-time equivalent; and

(iv) not to be absent from the full-time equivalent other than during vacations.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Eligible part-time students

137

(1) An eligible part-time student qualifies for support in connection with the student's undertaking a designated part-time course subject to and in accordance with this Part and Parts 11A and 11B.

(2) Subject to the following provisions of this regulation, a person is an eligible part-time student in connection with a designated part-time course if in assessing that person’s application for support the Secretary of State determines that the person falls within one of the categories set out—

(a) in paragraphs 2, 2A, 3, 4, 4A, 4B, 4C, 4D, 4E, 5, 6A, 7A, 8A, 9A, 9B, 9BA 9BB, 9C, 9D, 10ZA, 11A, 12A , 13 , 14, 15 and 16 in Part 2 of Schedule 1; or

(b) in paragraphs 6, 7, 8, 9, 10, 10A, 11 and 12 in Part 2 of Schedule 1, where paragraph (2A) applies.

(2A) This paragraph applies where—

(a) in connection with a designated part-time course beginning before 1st August 2021, the Secretary of State—

(i) in assessing an application for support by a person (“A”) determined that A fell within one of the categories set out in paragraphs 6, 7, 8, 9, 10, 10A, 11 and 12 in Part 2 of Schedule 1 in relation to an academic year of the course beginning before 1st August 2021; or

(ii) would have so determined had A made an application for support in accordance with this Part in relation to an academic year of the course beginning before that date; and

(b) A applies for support in connection with that course or a designated part-time course to which A’s status as an eligible part-time student is transferred from that course in accordance with this Part.

(2B) In connection with a designated part-time course beginning on or after 1st January 2028, paragraph (2) has effect as if it did not mention paragraphs 8A , 9B, 9BA and 9D.

(3) A person (“A”) is not an eligible part-time student if—

(za) A is studying on a course as part of an apprenticeship;

(a) A is, in connection with the part-time course—

(i) eligible to apply for a healthcare bursary whether or not the amount of such bursary is calculated by reference to income;

(ii) eligible to apply for any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 2007; or

(iii) eligible for a healthcare tuition payment;

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

(d) A has, in the opinion of the Secretary of State, shown by A's conduct that A is unfitted to receive support; or

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3A) A person (“A”) is not an eligible part-time student in connection with a pre-registration course which leads to a qualification for a profession in respect of which A is already registered in the relevant part or parts of the register maintained by the Health and Care Professions Council, the Nursing and Midwifery Council or the General Dental Council.

(3B) A person (“A”) is not an eligible part-time student if A is enrolled on a course which is designated under regulation 4 of the Education (Postgraduate Master's Degree Loans) Regulations 2016 or regulation 4 of the Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 2018, and is receiving support under either set of regulations for that course.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) For the purposes of paragraphs (3)(b) and (3)(c), “loan” means a loan made under any provision of the student loans legislation.

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

(a) before 25th September 1991; and

(b) with the concurrence of the borrower's curator or at a time when the borrower had no curator.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) Where—

(a) the Secretary of State determined that, by virtue of being a refugee or the spouse, civil partner, child or step-child of a refugee, a person (“A”) was an eligible part-time student in connection with an application for support for an earlier year of the current part-time course or an application for support in connection with a designated course ... or other designated part-time course from which A's status as an eligible part-time student or eligible student has been transferred to the current part-time course; and

(b) as at the day before the academic year in respect of which A is applying for support begins, the refugee status of A or of A’s spouse, civil partner, parent or step-parent, as the case may be, has expired and—

(i) no further leave to remain has been granted and paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave;

(ii) no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and

(iii) the person (A or A’s spouse, civil partner, parent or step-parent) whose refugee status has expired has not become a British or Irish citizen,

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

(10A) Where—

(a) the Secretary of State determined that, by virtue of being a person granted stateless leave or the spouse, civil partner, child or step-child of a person granted stateless leave, a person (“A”) was an eligible part-time student in connection with—

(i) an application for support for an earlier year of the current part-time course, or

(ii) an application for support in connection with a designated part-time course or other designated course from which A’s status as an eligible part-time student or eligible student has been transferred to the current part-time course, and

(b) as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted stateless leave is allowed to stay in the United Kingdom has expired and—

(i) no further leave to remain has been granted and paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave, and

(ii) that person has not become a British or Irish citizen,

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

(10B) Where—

(a) the Secretary of State determined that, by virtue of being a person granted section 67 leave, a person (“A”) was an eligible part-time student in connection with—

(i) an application for support for an earlier year of the current part-time course, or

(ii) an application for support in connection with a designated part-time course or other designated course from which A’s status as an eligible part-time student or eligible student has been transferred to the current part-time course, and

(b) as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted section 67 leave is allowed to stay in the United Kingdom has expired and—

(i) no further leave to remain has been granted and paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave, and

(ii) that person has not become a British or Irish citizen,

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

(10C) Where—

(a) the Secretary of State determined that, by virtue of being a person granted Calais leave, a person (“A”) was an eligible part-time student in connection with—

(i) an application for support for an earlier year of the current part-time course; or

(ii) an application for support in connection with a designated part-time course or other designated course from which A’s status as an eligible part-time student or eligible student has been transferred to the current part-time course; and

(b) as at the day before the academic year in respect of which A is applying for support begins, the period for which A is allowed to stay in the United Kingdom has expired and—

(i) no further leave to remain has been granted and paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave, and

(ii) A has not become a British or Irish citizen,

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

(11) Where—

(a) the Secretary of State determined that, by virtue of being a person granted humanitarian protection or the spouse, civil partner, child or step-child of such a person, a person (“A”) was an eligible part-time student in connection with an application for support for an earlier year of the current part-time course or an application for support in connection with a designated course ... or other designated part-time course from which A's status as an eligible part-time student or eligible student has been transferred to the current part-time course; and

(b) as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted humanitarian protection is allowed to stay in the United Kingdom has expired and—

(i) no further leave to remain has been granted and paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave;

(ii) no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and

(iii) the person (A or A’s spouse, civil partner, parent or step-parent) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen,

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

(11A) Where—

(a) the Secretary of State determined that, by virtue of being a person with protected rights with limited leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules, a person (“A”) was an eligible part-time student in connection with—

(i) an application for support for an earlier year of the current part-time course; or

(ii) an application for support in connection with a designated part-time course or other designated course from which A’s status as an eligible part-time student or eligible student has been transferred to the current part-time course; and

(b) as at the day before the academic year in respect of which A is applying for support begins, A no longer has extant limited leave to enter or remain granted by virtue of residence scheme immigration rules and no further leave to enter or remain has been granted under those rules and A has not become a British or Irish citizen,

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

(11B) Where—

(a) the Secretary of State has determined, that by virtue of—

(i) falling within paragraph (1)(a) ... (iv) or (v) of the definition of “person with protected rights”; or

(ii) meeting the conditions in paragraph 3(1)(a) ... (iv) in Part 2 of Schedule 1,

a person (“A”) is an eligible part-time student in connection with an application for support for an academic year of a designated part-time course; and

(b) as at the day before the academic year begins, A is not a person with protected rights and has not become a British or Irish citizen,

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

(11C) Where—

(a) the Secretary of State determined that, by virtue of being a person granted leave under one of the Afghan Schemes or the spouse, civil partner, child or step-child of such a person, a person (“A”) was an eligible part-time student in connection with—

(i) an application for support for an earlier year of the current part-time course; or

(ii) an application for support in connection with a designated course or other designated part-time course from which A’s status as an eligible part-time student or eligible student has been transferred to the current part-time course; and

(b) as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted leave under one of the Afghan Schemes is allowed to stay in the United Kingdom has expired and—

(i) no further leave has been granted and paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave, and

(ii) that person has not become a British or Irish citizen,

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

(11D) Where—

(a) the Secretary of State determined that, by virtue of being a person granted leave under one of the Ukraine Schemes or the spouse, civil partner, child or step-child of such a person, a person (“A”) was an eligible part-time student in connection with—

(i) an application for support for an earlier year of the current part-time course; or

(ii) an application for support in connection with a designated course or other designated part-time course from which A’s status as an eligible part-time student or eligible student has been transferred to the current part-time course; and

(b) as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted leave under one of the Ukraine Schemes is allowed to stay in the United Kingdom has expired and—

(i) no further leave to enter or remain has been granted and paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave, and

(ii) that person has not become a British or Irish citizen,

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

(11E) Where—

(a) the Secretary of State determined that, by virtue of being a person satisfying the criteria in paragraph 13 of Schedule 1 (eligible students: long residence), a person (“A”) was an eligible part-time student in connection with—

(i) an application for support for an earlier year of the current part-time course; or

(ii) an application for support in connection with a designated course or other designated part-time course from which A’s status as an eligible student or eligible part-time student has been transferred to the current part-time course; and

(b) as at the day before the academic year in respect of which A is applying for support begins, the period for which A was granted leave to stay in the United Kingdom has expired and—

(i) no further leave to remain has been granted and paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave;

(ii) no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and

(iii) A has not become a British or Irish citizen,

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

(12) Paragraphs (10) and (11) do not apply where A began the course in connection with which the Secretary of State determined that A was an eligible part-time student or eligible student, as the case may be, before 1st September 2007.

(13) An eligible part-time student may not, at any one time, qualify for support for—

(a) more than one designated part-time course;

(b) a designated part-time course and a designated course;

(d) a designated part-time course and a designated postgraduate course.

Students becoming eligible during the course of the academic year

138

(1) Where—

(a) a part-time course designation event which results in a student’s course becoming a designated part-time course occurs in the course of an academic year;

(b) a protected category event which results in a student becoming an eligible part-time student occurs—

(i) in the course of the first academic year or a course; and

(ii) on or before the course start date; or

(c) an in-year qualifying event occurs within the first three months of an academic year which results in a student becoming an eligible part-time student,

the student may qualify for a fee loan in accordance with this Part in respect of that academic year.

(2) But a fee loan is not available in respect of any academic year beginning before the academic year in which the event in question occurs.

Designated part-time courses

139

(1) Subject to paragraphs (2A), (3), (4) , (5), (5A) and (5B), a part-time course is designated for the purposes of section 22(1) of the 1998 Act and regulation 137 if—

(a) it is a course mentioned in Schedule 2 ... , other than a graduate entry accelerated programme or a graduate entry veterinary course.

(b) it is of at least one academic year's duration;

(c) it is ordinarily possible to complete the course in not more than four times the period ordinarily required to complete the full-time equivalent;

(d) it is either—

(i) wholly provided by a registered provider, or provided by a registered or an unregistered provider on behalf of a registered provider in England;

(ii) wholly provided by an authority-funded institution in Scotland, Northern Ireland or Wales;

(iii) provided by a registered provider on behalf of an authority-funded institution in Scotland, Northern Ireland or Wales;

(iv) provided by an institution situated in Scotland, Northern Ireland or Wales on behalf of a registered provider in England, or by a publicly funded institution situated in Scotland, Northern Ireland or Wales on behalf of an authority-funded institution in Scotland, Northern Ireland or Wales;

(v) provided by a registered provider in England in conjunction with an institution which is situated outside the United Kingdom; or

(vi) provided by an authority-funded institution in Scotland, Northern Ireland or Wales, in conjunction with an institution which is situated outside the United Kingdom;

(da) it is substantially provided in the United Kingdom;

(e) for a course beginning on or after 1st September 2012 which falls within paragraph 1, 2, 4,... 7 or 8 of Schedule 2—

(i) it is a course which leads to an award granted or to be granted by a body falling within section 214(2) (za), (zb), (a) or (b) of the Education Reform Act 1988; and

(ii) the teaching and supervision which comprise the course has been approved by that body;and

(f) it is not designated by or under regulation 5;...

(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In paragraph (1)(e), “award” means any degree, diploma, certificate or other academic award or distinction.

(2ZAA) A part-time course is designated for the purposes of section 22 of the 1998 Act and regulation 137(1) if it is a Northern Irish designated part-time course, a Scottish designated part-time course or a Welsh designated part-time course.

(2AA) A course is not a designated part-time course if its designation has been revoked or is suspended under paragraph (8).

(2A) A course mentioned in Schedule 2 is not a designated part-time course for the purposes of support under Part 11B unless it is—

(a) a course which leads to an honours degree or an ordinary degree;

(b) a course which leads to a graduate diploma at an equivalent level to an honours degree or an ordinary degree;

(ca) a course which leads to an approved HTQ;

(d) a course which leads to a diploma in respect of a course in—

(i) a dental profession subject; or

(ii) operating department practice;

(e) a course which leads to a foundation degree in respect of a course in a dental profession subject;

(f) a course which leads to a Postgraduate Certificate in Education;

(g) a course which leads to a Professional Graduate Certificate in Education; or

(h) any other course not within sub-paragraphs (f) or (g) which—

(i) is a course of initial teacher training at an accredited institution; and

(ii) leads to a qualification at an equivalent level to—

(aa) a course within sub-paragraphs (f) or (g);

(bb) an honours degree; or

(cc) an ordinary degree.

(2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) A course falling within paragraph 7 or 8 of Schedule 2 is not a designated part-time course where the governing body of a maintained school or Academy has arranged for the provision of such a course to a pupil of the school or Academy.

(4) A course that is taken as part of an employment-based teacher training scheme is not a designated part-time course.

(5) A first degree course is not a designated part-time course where—

(a) it leads to the award of a professional qualification;

(b) a first degree (or equivalent qualification) would normally be required for entry to a course leading to the award of that professional qualification; and

(5A) A postgraduate pre-registration course is not a designated part-time course.

(5B) A UK dual degree programme is not a designated part-time course.

(6) For the purposes of paragraph (1)—

(a) a course is provided by an institution if it provides the teaching and supervision which comprise the course, whether or not the institution has entered into an agreement with the student to provide the course;

(aa) a course is substantially provided in the United Kingdom where at least half of the teaching and supervision which comprise the course is provided in the United Kingdom;

(b) a university and any constituent college or institution in the nature of a college of a university is to be regarded asauthority-fundedif either the university or the constituent college or institution isauthority-funded;...

(c) an institution is not to be regarded as publicly fundedor authority-fundedby reason only that it receives public funds from the governing body of a higher education institution in accordance with section 65(3A) of the Further and Higher Education Act 1992; and

(d) a course is not to be regarded as provided on behalf of an authority-funded educational institution where a part of the course is provided by a private institution in Scotland, Northern Ireland or Wales, or by a private institution which is an unregistered provider in England.

(7) For the purposes of section 22 of the 1998 Act and regulation 137(1) the Secretary of State may designate courses of higher education which are not designated by paragraph (1) or (2ZAA).

(8) The Secretary of State may revoke or suspend the designation of a course which is designated under this regulation.

Period of eligibility

140

(1) A student's status as an eligible part-time student is retained in connection with a designated part-time course until the status terminates in accordance with this regulation or regulation 137.

(2) The period for which an eligible part-time student's status is retained is the “period of eligibility”.

(3) Subject to the following paragraphs and regulation 137, the period of eligibility terminates at the end of the academic year in which the eligible part-time student completes the designated part-time course.

(4) The period of eligibility terminates when the eligible part-time student—

(a) withdraws from the designated part-time course in circumstances where the Secretary of State has not transferred or converted or will not transfer or convert the student's status under regulation 139A to 139C; or

(b) abandons or is expelled from the designated part-time course.

(5) The period of eligibility terminates at the end of the relevant academic year where the eligible part-time student cannot complete the designated part-time course within the relevant period specified in regulation 139(1)(c).

(6) For the purposes of paragraph (5), “relevant academic year” means the academic year during or at the end of which it becomes impossible for the student to complete the course within the period specified in regulation 139(1)(c) even if the student increases the intensity of the student's study.

(7) The Secretary of State may terminate the period of eligibility where the eligible part-time student (“A”) has shown by A's conduct that A is unfitted to receive support.

(8) If the Secretary of State is satisfied that an eligible part-time student has failed to comply with any requirement to provide information under this Part and Parts 11A and 11B or has provided information which is inaccurate in a material particular, the Secretary of State may take such of the following actions as the Secretary of State considers appropriate in the circumstances—

(a) terminate the period of eligibility;

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

(9) Where the period of eligibility terminates—

(a) before the end of the academic year in which the eligible part-time student completes the designated part-time course; and

(b) otherwise than under paragraph (5),

the Secretary of State may, at any time, renew or extend the period of eligibility for such period as the Secretary of State determines.

Assistance for part-time courses in respect of courses beginning before 1st September 2012

141

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amount of assistance in respect of courses beginning before 1st September 2012

142

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation of regulation 142

143

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Fee support for designated part-time courses beginning on or after 1st September 2012

144

(1) An eligible part-time student (“A”) qualifies for a fee loan in respect of the fees payable by A in connection with A's undertaking a designated part-time course beginning on or after 1st September 2012.

(2) An eligible part-time student does not qualify for a fee loan if the intensity of study during the academic year for which support is claimed is less than 25%of an equivalent full-time course.

(2A) An eligible part-time student does not qualify for a fee loan if—

(a) the current course is a course falling within regulation 2(1ZA)(e), (f), (g), (h) or (i); and

(b) the student has completed a previous course falling within regulation 2(1ZA)(e), (f), (g), (h) or (i) and achieved the intended qualification.

(3) An eligible part-time student qualifies for a fee loan under paragraph (1) if the Secretary of State considers that—

(a) the student is attending the course in the United Kingdom, or

(b) where the course is a part-time distance learning course, the student is undertaking the course in England on the first day of the first academic year.

(3ZA) For the purposes of paragraph (3)(b), a person (“A”) is to be treated as being ordinarily resident in England for any period during which A would have been so resident but for the fact that—

(a) A,

(b) A’s spouse or civil partner,

(d) in the case of a dependent direct relative in the ascending line, A’s child or child’s spouse or civil partner,

is or was temporarily employed in Wales, Scotland or Northern Ireland as a member of the regular naval, military or air forces of the Crown.

(3A) A student qualifying for a fee loan in respect of a part-time distance learning course under paragraph (3) will no longer qualify for a fee loan in respect of that course if the Secretary of State considers that the student is undertaking the course outside the United Kingdom.

(3B) Paragraphs (3)(b) and (3A) do not apply to a person who is treated as being ordinarily resident in the United Kingdom by virtue of paragraph 1(4) of Schedule 1 on the basis of temporary employment falling within paragraph 1(5)(a) of that Schedule.

(4) Subject to paragraphs (6) to (12) an eligible part-time student does not qualify for support under this regulation if the current part-time course leads to an equivalent or lower qualification.

(5) An eligible part-time student does not qualify for support under this regulation if—

(a) the student has undertaken one or more part-time courses for sixteen academic years in aggregate; and

(b) the student was eligible to apply for a fee loan under this regulation or a loan or grant of the kind described in paragraph (5A) in respect of each of those academic years.

(5A) The loans and grants are—

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

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

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

(6) Paragraph (4) does not apply if—

(a) the current part-time course is a course for the initial training of teachers ...;

(b) the duration of the current course does not exceed four years; and

(6A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) Paragraph (4) does not apply if—

(a) the current part-time course—

(i) is a course in engineering and technology or computing (or a combination of those subjects);

(ii) leads to an honours degree; and

(b) the student begins the current part-time course on or after 1st August 2015.

(7A) Paragraph (4) does not apply if—

(a) the current part-time course—

(i) is a course in agriculture, food and related studies, biological and sport sciences, ... geography, earth and environmental studies, mathematical sciences, medicine and dentistry, physical sciences, psychology, subjects allied to medicine or veterinary sciences (or a combination of those subjects);

(ii) leads to an honours degree; and

(b) the student begins the current part-time course on or after 1st August 2017.

(7B) Paragraph (4) does not apply if—

(a) the current part-time course—

(i) is a pre-registration course in an allied health profession subject, midwifery, nursing, nursing and social work or operating department practice;

(ii) leads to—

(aa) an ordinary degree or an honours degree;

(bb) in respect of a course in a dental profession subject, an ordinary degree, an honours degree, a diploma or a foundation degree; or

(cc) in respect of a course in operating department practice, an ordinary degree, an honours degree or a diploma;

(b) the student begins the current part-time course on or after 1st August 2017.... or, in the case of a course in a dental profession subject, begins on or after 1st August 2018

(8) Paragraph (4) does not apply where the Secretary of State determines that the following conditions are satisfied—

(a) the student has provided all information required by the Secretary of State in relation to qualifications held by the student;

(b) that information is accurate; and

(c) the Secretary of State has provided written notification that the student qualifies for support under this regulation in respect of —

(i) the first academic year of the current part-time course, where the determination by the Secretary of State is made before the first day of the first academic year of the current part-time course;

(ii) the academic year of the current part-time course during which the determination by the Secretary of State is made; or

(iii) an academic year of the current part-time course in respect of which the determination of the Secretary of State is made, which the student has completed before the making of that determination.

(9) Where paragraph (8) applies, the student qualifies for support under this regulation in accordance with paragraphs (10) to (12A).

(10) If the Secretary of State makes the determination before the first day of the first academic year of the current part-time course then the student qualifies for support under this regulation in respect of the first academic year of the current part-time course.

(11) If the Secretary of State makes the determination on or after the first day of the first academic year of the current part-time course then the student qualifies for support under this regulation in respect of—

(a) the academic year of the current part-time course during which the Secretary of State makes the determination; and

(b) an academic year of the current part-time course which the student has completed prior to the Secretary of State making the determination.

(12) Paragraphs (10) and (11) do not apply if the Secretary of State considers that there are exceptional circumstances.

(12A) Where the Secretary of State considers that there are exceptional circumstances, the Secretary of State may determine that the student should qualify for support under this regulation in respect of one or more academic years of the current part-time course, as appropriate, whether or not the student has completed those academic years prior to the Secretary of State making the determination.

Amount of the fee loan - courses beginning on or after 1st September 2012

145

(1) The amount of a fee loan in respect of an academic year of a designated part-time course must not exceed the lesser of—

(a) the fees payable by the student in connection with that year; and

(b) the maximum amount.

(2) For the purposes of this regulation, the “maximum amount” means-

(a) £7,335 where the current part-time course is provided by or on behalf of an approved (fee cap) provider or a publicly funded institution or the current part-time course is a course for the initial training of teachers provided by an accredited institution which is an unregistered provider , unless sub-paragraph (d) applies;

(b) £4,760, where the current part-time course is provided by

(i) an approved provider in England (other than on behalf of an approved (fee cap) provider or a publicly funded institution);

(ii) an unregistered provider or a private institution on behalf of an approved provider;

(iii) an unregistered provider in England (other than on behalf of an approved or an approved (fee cap) provider) where the course began before 1st August 2019; or

(iv) a private institution in Scotland, Northern Ireland or Wales (other than on behalf of an approved (fee cap) provider or a publicly funded institution);

and the provider of the course does not have a high level quality rating in a case specified in paragraph (i), (ii) or (iv), or did not have a high level quality rating in the academic year starting before 1st August 2019 in a case specified in paragraph (iii) , unless sub-paragraph (e) applies;

(i) an approved provider in England (other than on behalf of an approved (fee cap) provider or a publicly funded institution);

(ii) an unregistered provider or a private institution on behalf of an approved provider;

(iii) an unregistered provider in England (other than on behalf of an approved or an approved (fee cap) provider) where the course began before 1st August 2019; or

(iv) a private institution in Scotland, Northern Ireland or Wales (other than on behalf of an approved (fee cap) provider or a publicly funded institution);

and the provider of the course has a high level quality rating in a case specified in paragraph (i), (ii) or (iv), or had a high level quality rating in the academic year starting before 1st August 2019 in a case specified in paragraph (iii), unless sub-paragraph (f) applies;

(d) £4,315 where—

(i) the current part-time course is provided by or on behalf of an approved (fee cap) provider or a publicly funded institution, and

(ii) the academic year in respect of which the person is applying for support—

(aa) begins on or after 1st August 2025, and

(bb) is a lower-fee foundation year;

(e) £2,800 where—

(i) the current part-time course is provided by—

(aa) an approved provider in England (other than on behalf of an approved (fee cap) provider or a publicly funded institution),

(bb) an unregistered provider or a private institution on behalf of an approved provider, or

(cc) a private institution in Scotland, Northern Ireland or Wales (other than on behalf of an approved (fee cap) provider or a publicly funded institution),

and the provider of the course does not have a high level quality rating, and

(ii) the academic year in respect of which the person is applying for support—

(aa) begins on or after 1st August 2025, and

(bb) is a lower-fee foundation year;

(f) £2,875 where—

(i) the current part-time course is provided by—

(aa) an approved provider in England (other than on behalf of an approved (fee cap) provider or a publicly funded institution),

(bb) an unregistered provider or a private institution on behalf of an approved provider, or

(cc) a private institution in Scotland, Northern Ireland or Wales (other than on behalf of an approved (fee cap) provider or a publicly funded institution),

and the provider of the course has a high level quality rating, and

(ii) the academic year in respect of which the person is applying for support—

(aa) begins on or after 1st August 2025, and

(bb) is a lower-fee foundation year.

(3) If a student's status as an eligible part-time student is transferred from one designated part-time course to another under regulation 139A and the circumstances in paragraph (4) 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.

(4) The circumstances are—

(a) the fees payable in respect of the academic year of the course to which the 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 student transfers does not begin on a later date than the academic year of the course from which the student is transferring.

(5) If a student's status as an eligible part-time student is transferred from one designated part-time course to another under these Regulations and the circumstances in paragraph (6) 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.

(6) 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.

(7) Where paragraph (3) applies, the maximum additional amount that the 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) the amount specified in paragraph (2) applicable in the student's case; and

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

(8) Where paragraph (5) applies, the maximum amount of fee loan that a 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) the amount specified in paragraph (2) applicable in the student's case; and

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

(9) Where a 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.

(10) If a student's status as an eligible part-time student is transferred from one course to another under regulation 139A and the circumstances in paragraph (11) apply, the student may apply to the Secretary of State to reduce the amount of fee loan borrowed in respect of the remainder of the academic year.

(11) The circumstances are—

(a) the fees payable in respect of the academic year of the course to which the eligible part-time student transfers are lower than the fees payable in respect of the academic year of the course from which the student is transferring;

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

(12) For the purposes of paragraph (11), the “remainder of the academic year” means the period of the academic year in respect of which the academic authority has not made a request to the Secretary of State for payment of the fee loan or fee loan instalment.

(13) A student may apply to the Secretary of State to reduce the amount of fee loan for which the student has applied in respect of a period of the academic year for which the academic authority has not made a request to the Secretary of State for payment of the fee loan or fee loan instalment under regulation 155.

Assistance with fees in respect of attendance on a course in Wales, Northern Ireland or Scotland

146

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Disabled part-time students' allowance

147

(1) A student qualifies for a grant under this regulation if the student—

(a) is an eligible part-time student; and

(b) has a disability.

(2) An eligible part-time student does not qualify for the grant under this regulation—

(a) if the only paragraph or paragraphs in Part 2 of Schedule 1 into which the student falls is one or more of paragraphs 2A, 3(1)(d)(ii), 6A(1)(c)(ii), 7A(1)(b)(ii), 9, 9A, 9BA, 9BB, 9C, 9D, 10, 10ZA, 11A(c)(ii) and 12A(d)(ii).

(b) unless the Secretary of State considers that the student is undertaking the designated part-time course in the United Kingdom; or

(2A) Paragraph (2)(b) does not apply to a person who is treated as being ordinarily resident in the United Kingdom by virtue of paragraph 1(4) of Schedule 1 on the basis of temporary employment falling within paragraph 1(5)(a) of that Schedule.

(3) Paragraph (2)(c) does not apply in respect of an academic year during which the student enters prison or is released from prison.

(4) Where the current part-time course begins on or after 1st September 2012, an eligible part-time student does not qualify for grant under this regulation if the intensity of study during the academic year for which support is claimed is less than 25% of an equivalent full-time course.

(4A) The Secretary of State is authorised to pay a grant under this regulation to an eligible part-time student (“A”) who qualifies for that grant for the purpose of assisting with the additional expenditure which A is obliged to incur by reason of A’s disability in respect of undertaking a designated part-time course.

(4B) The expenditure for which the grant may be paid includes, in particular—

(a) expenditure on a non-medical personal helper;

(b) expenditure on major items of specialist equipment;

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

(5A) Subject to paragraph (6), the amount of the grant under this regulation in respect of additional expenditure on a computer must not exceed an amount equal to the additional expenditure incurred less £200.

(6) The amount of the grant under this regulation in respect of an academic year—

(a) for expenditure other than travel expenditure, must not exceed £27,783;

(b) for travel expenditure, must not exceed an amount equal to that expenditure.

(7) Subject to paragraph (8), the grant under this regulation is payable in respect of the four quarters of the academic year ....

(8) Where—

(a) a part-time course designation event which results in a student’s course becoming a designated part-time course occurs in the course of an academic year; or

(b) an in-year qualifying event (other than a settled status event) which results in a student becoming an eligible part-time student occurs in the course of an academic year,

the student may qualify for the grant under this regulation in respect of the qualifying quarters.

(8A) For the purposes of paragraph (8), “the qualifying quarters” means—

(a) the quarter in which the relevant event occurs; and

(b) if relevant, such other quarters as begin after the relevant event occurs.

(8B) Where a protected category event which results in a student becoming an eligible part-time student occurs—

(a) in the course of the first academic year of a course; and

(b) on or before the course start date,

the student may qualify for the grant under this regulation in respect of the four quarters of that academic year.

Applications for support

148

(1) A person (the “applicant”) must apply for support under this Part in connection with each academic year of a designated part-time course by completing and submitting to the Secretary of State an application in such form as the Secretary of State may require.

(2) The application must be accompanied by such documentation as the Secretary of State may require.

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

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

(5) The general rule is that the application must reach the Secretary of State no later than the end of the ninth month of the academic year in respect of which it is submitted.

(6) The general rule does not apply where—

(a) an event falling within regulation 138(1) occurs after the first day of the academic year in respect of which the applicant is applying for support, in which case the application must reach the Secretary of State within a period of nine months beginning with the day on which the relevant event occurred;

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

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

(d) the applicant is applying to borrow an additional amount of fee loan, in which case the application must reach the Secretary of State not later than one month before the end of the academic year to which the application relates.

Declarations provided by academic authorities

149

(1) Subject to paragraph (2), the academic authority must complete a declaration in such form as may be required by the Secretary of State.

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

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In this Part, “declaration” ... means a statement that—

(a) provides the course information; and

(b) confirms that the applicant has undertaken at least two weeks of the designated part-time course in respect of which the applicant is applying for support under this Part.

(6) In this regulation, “course information” means—

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

(b) ... the intensity of study;

(i) the course to be a designated part-time course;

(ii) that it will be possible for the applicant to complete the course within the period specified in regulation 139(1)(c).

(7) ... The “intensity of study” in paragraph (6)(b) means confirmation by the academic authority that the intensity of study during the academic year for which support is claimed is not less than 25%of an equivalent full-time course.

(8) For the purposes of paragraph (6)(c)(ii), the academic authority must have regard to—

(a) any increase in intensity of study that would be required for the applicant to complete the course within the period specified in regulation 139(1)(c);

(b) any parts of the course which the applicant has been required to repeat.

Information

150

Schedule 3 deals with the provision of information.

Transfer of status

151

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Conversion of status

152

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Payment of grants for books, travel and other expenditure and disabled part-time students' allowances

153

(1) Payments of ... the disabled part-time students' allowance may be made in such manner as the Secretary of State considers appropriate and the Secretary of State may make it a condition of entitlement to payment that the eligible part-time student must provide the Secretary of State with particulars of a bank or building society account in the United Kingdom into which payments may be made by electronic transfer.

(2) Where the Secretary of State cannot make a final assessment on the basis of the information provided by the student, the Secretary of State may make a provisional assessment and payment of ... the disabled part-time students' allowance.

(3) The Secretary of State may pay ... the disabled part-time students' allowance in instalments.

(4) Subject to paragraph (5), the Secretary of State may pay ... the disabled part-time students' allowance at such times as the Secretary of State considers appropriate.

(5) The Secretary of State must not pay the first instalment or, where it has been determined not to pay support in instalments, make any payment of ... the disabled part-time students' allowance before the Secretary of State has received a declaration under regulation 149 unless an exception applies.

(6) An exception applies if—

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

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

Payment of grants for fees

154

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Payment of loans for fees

155

(1) The Secretary of State must pay the fee loan for which an eligible part-time student qualifies to an institution to which the student is liable to make payment.

(2) The Secretary of State may pay the fee loan in instalments.

(3) The Secretary of State must not pay the fee loan or any instalment of the fee loan before the Secretary of State has received from the academic authority—

(a) a request for payment; ...

(b) a declaration under regulation 149 ; and

(c) confirmation (in such form as may be required by the Secretary of State) of the eligible part-time student’s attendance on the course for the period to which the instalment relates.

(3A) For a student beginning the current course on or after 1st August 2016, the academic authority must not complete a declaration under regulation 149—

(a) in the case of an institution with degree awarding powers pursuant to section 76 of the Further and Higher Education Act 1992 or sections 42 to 49 of the 2017 Act, until the student is registered on the course at the institution;

(b) in the case of a course validated by an institution with degree awarding powers pursuant to section 76 of the Further and Higher Education Act 1992 or sections 42 to 49 of the 2017 Act, until the validating institution has been notified by the institution teaching the student that the student is studying on the course covered by the validation agreement; or

(c) where neither sub-paragraph (a) or (b) applies, until the student has been registered with the relevant awarding body.

(4) The academic authority must inform the Secretary of State when a student ceases to attend or undertake the designated part-time course during the academic year.

(5) No payment of fee loan or instalment of fee loan can be made in respect of a designated part time course once the academic authority has informed the Secretary of State that the student has ceased to attend or undertake the course during the academic year.

Overpayments of grants and allowances

156

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) A part-time student must, if so required by the Secretary of State, repay any amount paid to the student under this Part which for whatever reason exceeds the amount of disabled part-time students’ allowance to which the student is entitled.

(3) The Secretary of State must recover an overpayment of ... disabled part-time students' allowance unless the Secretary of State considers that it is not appropriate to do so.

(4) The methods of recovery are—

(a) subtracting the overpayment from any kind of grant or loan payable to the student from time to time pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act;

(b) taking such other action for the recovery of an overpayment as is available to the Secretary of State.

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

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

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

(8) The circumstances are—

(a) the Secretary of State applies all or part of the disabled part-time students' allowance to the purchase of specialist equipment on behalf of the ... part-time student;

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

(9) The circumstances are—

(a) the ... part-time student's period of eligibility terminates after the relevant date; and

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

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

Overpayments of fee support

157

(1) Any overpayment of a fee loan is recoverable by the Secretary of State from—

(a) the academic authority; or

(b) the student in respect of whom the payment of a fee loan was made.

(1A) A student must, if so required by the Secretary of State, repay any amount of a fee loan paid in respect of the student which for whatever reason exceeds the amount of a fee loan to which the student is entitled.

(1B) An academic authority must, if so required by the Secretary of State, repay any amount of a fee loan paid to the academic authority in respect of a student which for whatever reason exceeds the amount of a fee loan to which the student is entitled.

(2) An overpayment of a fee loan may be recovered from a student under paragraph (1)(b) in whichever one or more of the following ways the Secretary of State considers appropriate in all the circumstances—

(a) by subtracting the overpayment from any amount of the fee loan which remains to be paid;

(aa) by subtracting the overpayment from any kind of grant or loan payable to the student from time to time pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act.

(b) by requiring the student to repay the fee loan in accordance with regulations made under section 22 of the 1998 Act;

PART 12 — SUPPORT FOR POSTGRADUATE STUDENTS WITH DISABILITIES

Interpretation

158

(1) In this Part, —

(a) “period ordinarily required to complete the full-time equivalent” means the period that a standard full-time student would require to complete the full-time equivalent;

(b) “standard full-time student” means a student who is to be taken—

(i) to have begun the full-time equivalent on the same date as the eligible postgraduate student began the part-time postgraduate course in question;

(ii) not to have been excused any part of the full-time equivalent;

(iii) not to have repeated any part of the full-time equivalent; and

(iv) not to be absent from the full-time equivalent other than during vacations.

(2) In this Part, the intensity of study is calculated as follows and expressed as a percentage—

$PTFTx100$

PT is the number of modules, credits, credit points, points or other unit to be awarded to the eligible part-time student by the academic authority if the student successfully completes the academic year in connection with which that student is applying for support;FT is the number of modules, credits, credit points, points or other unit that a standard full-time student would be required to obtain in each academic year in order to complete the full-time equivalent within the period ordinarily required to complete that course.

Eligible postgraduate students

159

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Subject to the following provisions of this regulation, a person is an eligible postgraduate student in connection with a designated postgraduate course if in assessing the student's application for support the Secretary of State determines that the student satisfies the conditions in paragraph (3).

(3) The conditions are—

(a) the person falls within one of the categories set out—

(i) in paragraphs 2, 2A, 3, 4, 4A, 4B, 4C, 4D, 4E, 5, 6A, 7A, 8A, 9A, 9B, 9BA, 9C, 9D, 10ZA, 11A, 12A , 13 , 14, 15 and 16 in Part 2 of Schedule 1; or

(ii) in paragraphs 6, 7, 8, 9, 10, 10A, 11 and 12 in Part 2 of Schedule 1, where paragraph (3A) applies; and

(b) the person has a disability.

(3A) This paragraph applies where—

(a) in connection with a designated postgraduate course beginning before 1st August 2021, the Secretary of State—

(i) in assessing an application for support by a person (“A”) determined that A fell within one of the categories set out in paragraphs 6, 7, 8, 9, 10, 10A, 11 and 12 in Part 2 of Schedule 1 in relation to an academic year of the course beginning before 1st August 2021; or

(ii) would have so determined had A made an application for support in accordance with this Part in relation to an academic year of the course beginning before that date; and

(b) A applies for support in connection with that course, or a designated postgraduate course to which A’s status as an eligible postgraduate student is transferred from that course in accordance with this Part.

(3B) In connection with a designated postgraduate course beginning on or after 1st January 2028, paragraph (3)(a) has effect as if it did not mention paragraphs 8A , 9B, 9BA and 9D.

(4) A person (“A”) is not an eligible postgraduate student if—

(a) A is, in connection with the course—

(i) eligible to apply for a healthcare bursary;

(ii) eligible to apply for any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 2007;

(iii) eligible to apply for any allowance, bursary or award of a similar description made by UKRI;

(iv) eligible to apply for any allowance, bursary or award of a similar description made by A’s institution which includes any payment for the purpose of meeting additional expenditure incurred by A by reason of A’s disability;

(v) in receipt of any allowance, bursary or award of a similar description made under section 67(4)(a) of the Care Standards Act 2000, or under section 46 of the Children and Social Work Act 2017, which includes payment for meeting additional expenditure incurred by A by reason of A’s disability, save to the extent that A is in receipt of such an allowance, bursary or award in respect of travel expenses; or

(vi) in receipt of any allowance, bursary or award of a similar description made under section 116(2)(a) of the Regulation and Inspection of Social Care (Wales) Act 2016 which includes payment for meeting additional expenditure incurred by A by reason of A’s disability;

(aa) A is eligible for a healthcare tuition payment;

(ab) A is studying on a course as part of an apprenticeship;

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

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

(d) A has, in the opinion of the Secretary of State, shown by A's conduct that A is unfitted to receive support; or

(e) subject to paragraph (5), A is a prisoner.

(5) Paragraph (4)(e) does not apply-

(a) in respect of an academic year during which the student enters prison or is released from prison; or

(b) where the current course began before 1st September 2012.

(6) For the purposes of paragraphs (4)(b) and (4)(c), “loan” means a loan made under any provision of the student loans legislation.

(7) In a case where the agreement for a loan is subject to the law of Scotland, paragraph (4)(c) only applies if the agreement was made—

(a) before 25th September 1991; and

(b) with the concurrence of the borrower's curator or at a time when the borrower had no curator.

(8) An eligible postgraduate student does not qualify for a grant under this Part if the only paragraph or paragraphs in Part 2 of Schedule 1 into which the student falls is one or more of paragraphs 2A, 3(1)(d)(ii), 6A(1)(c)(ii), 7A(1)(b)(ii), 9, 9A, 9BA, 9BB, 9C, 9D, 10ZA(d)(ii), 11A(c)(ii) and 12A(d)(ii).

(9) Subject to paragraph (10), where the current post graduate course begins on or after 1st September 2012, an eligible postgraduate student does not qualify for a grant under this regulation if the intensity of study during the academic year for which support is claimed is less than 25% of an equivalent full-time course.

(10) Regulation (9) does not apply where the student transfers to the current postgraduate course pursuant to regulation 163 from a course beginning before 1st September 2012.

(11) An eligible postgraduate student does not qualify for a grant under this Part unless the Secretary of State considers that the student is undertaking the course in the United Kingdom.

(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(15) Where—

(a) the Secretary of State determined that, by virtue of being a refugee or the spouse, civil partner, child or step-child of a refugee, a person (“A”) was an eligible postgraduate student in connection with an application for support for an earlier year of the current postgraduate course or an application for support in connection with another designated postgraduate course from which A's status as an eligible postgraduate student has been transferred to the current postgraduate course; and

(b) as at the day before the academic year in respect of which A is applying for support begins, the refugee status of A or of A's spouse, civil partner, parent or step-parent has expired and—

(i) no further leave to remain has been granted and paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave;

(ii) no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and

(iii) the person (A or A’s spouse, civil partner, parent or step-parent) whose refugee status has expired has not become a British or Irish citizen,

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

(15A) Where—

(a) the Secretary of State determined that, by virtue of being a person granted stateless leave or the spouse, civil partner, child or step-child of a person granted stateless leave, a person (“A”) was an eligible postgraduate student in connection with—

(i) an application for support for an earlier year of the current postgraduate course, or

(ii) an application for support in connection with another designated postgraduate course from which A’s status as an eligible postgraduate student has been transferred to the current postgraduate course, and

(b) as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted stateless leave is allowed to stay in the United Kingdom has expired and—

(i) no further leave to remain has been granted and paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave, and

(ii) that person has not become a British or Irish citizen,

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

(15B) Where—

(a) the Secretary of State determined that, by virtue of being a person granted section 67 leave, a person (“A”) was an eligible postgraduate student in connection with—

(i) an application for support for an earlier year of the current postgraduate course, or

(ii) an application for support in connection with another designated postgraduate course from which A’s status as an eligible postgraduate student has been transferred to the current postgraduate course, and

(b) as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted section 67 leave is allowed to stay in the United Kingdom has expired and—

(i) no further leave to remain has been granted and paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave, and

(ii) that person has not become a British or Irish citizen,

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

(15C) Where—

(a) the Secretary of State determined that, by virtue of being a person granted Calais leave, a person (“A”) was an eligible postgraduate student in connection with—

(i) an application for support for an earlier year of the current postgraduate course; or

(ii) an application for support in connection with another designated postgraduate course from which A’s status as an eligible postgraduate student has been transferred to the current postgraduate course; and

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