# The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 3) Regulations 2020, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations amend various legislation which makes provision about, or in connection with, student finance.
These Regulations come into force on 26th November 2020. However:
(a) regulations 18 to 25 and 29 apply only relation to academic years beginning on or after 1st August 2021, and
(b) regulations 11 to 17, 30 and 31 apply only in relation to students whose courses start on or after 1st August 2021.
Student Support Regulations 2011: old system students and part-time students who started their courses before 1st September 2012 (regulations 3 and 4)
The Education (Student Support) Regulations 2011 (S.I. 2011/1986) (the “2011 Regulations”) are amended to remove all provisions about the payment of support to: (a) old system students, and (b) part-time students who started their courses before 1st September 2012. These amendments are made because there will not be any students in either of these cohorts in the 2021/22 or future academic years.
Student Support Regulations 2011: graduate entry accelerated programmes and graduate entry veterinary courses (regulation 5)
Graduate entry accelerated programmes, and graduate entry veterinary courses, are added to the list of courses which are “designated courses” for the purposes of the 2011 Regulations.
Notification of absence from courses (regulations 6 to 10)
Various sets of Regulations (“the Student Finance Regulations”) are updated to clarify that applicants for support and eligible students must notify the Secretary of State if they are absent from their course for more than 60 days due to illness or because they have suspended their studies:
(a) the Education (Student Support) (European University Institute) Regulations 2010 (S.I. 2010/447);
(b) the 2011 Regulations;
(c) the Further Education Loans Regulations 2012 (S.I. 2012/1818);
(d) the Education (Postgraduate Master’s Degree Loans) Regulations 2016 (S.I. 2016/606) (“the Masters Regulations”);
(e) the Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 2018 (S.I. 2018/599) (“the Doctoral Regulations”).
This requirement applies in addition to the requirement to notify the Secretary of State if they withdraw or are expelled from, or abandon their course, or transfer to another course.
In addition, the Student Finance Regulations are amended so that the institution at which the applicant or student is or was studying is under a corresponding duty to notify the Secretary of State of relevant changes in the applicant’s or student’s circumstances.
Provision to allow persons granted indefinite leave to remain as a bereaved partner to qualify for student support etc. (regulations 11 to 17)
The Student Finance Regulations are amended to provide that a person who has been granted indefinite leave to remain in the United Kingdom as a bereaved partner is eligible to receive funding in respect of a further education course, an undergraduate higher education course, a master’s degree course or doctoral degree course, or a course at the European University Institute. There is no requirement that these students must have been ordinarily resident in the UK, the EEA or Switzerland for the 3 years immediately prior to the start of their course to qualify for funding. Further, if a student is granted indefinite leave to remain as a bereaved partner after their course has begun, the student may become eligible for funding.
The Education (Fees and Awards) (England) Regulations 2007 (S.I. 2007/779) are also amended to provide that a student granted indefinite leave to remain as a bereaved partner cannot be charged higher tuition fees than a prescribed maximum amount.
The Higher Education (Fee Limit Condition) (England) Regulations 2017 (S.I. 2017/1189) are also amended to provide that a student granted indefinite leave to remain as a bereaved partner is a “qualifying person” meaning the student may not be charged more than the prescribed maximum amount in tuition fees.
Amendment of ordinary residence requirements (regulation 18 to 24)
The Student Finance Regulations are amended so that students in the relevant categories do not have to have been ordinarily resident in the UK for three years prior to the start of their course to qualify for funding but do have to be have been ordinarily resident in the UK and Islands since they were granted leave to enter or remain.
The relevant categories are:
(a) persons granted stateless leave;
(b) family members of persons granted stateless leave;
(c) persons granted section 67 leave;
(d) dependent children of persons granted section 67 leave, who are granted “leave in line”;
(e) persons granted Calais leave;
(f) dependent children of a person granted Calais leave who are granted “leave in line”;
(g) persons granted humanitarian protection;
(h) family members of persons granted humanitarian protection.
Corresponding amendments are made to the Education (Fees and Awards) (England) Regulations 2007 and the Higher Education (Fee Limit Condition) (England) Regulations 2017.
Student Support Regulations 2011: disabled students’ allowances (regulation 25)
The 2011 Regulations are amended so that the amount of grant that can be paid under regulation 41 (disabled students’ allowance), regulation 147 (disabled part-time students’ allowance) or regulation 166 (grant for postgraduate students with disabilities) to a student in respect of an academic year is:
(a) up to £25,000 for expenditure other than travel expenditure, and
(b) for travel expenditure, an amount equal to the expenditure incurred.
In addition, amendments are made so that where a student becomes eligible for support under regulation 41, 147 or 166 during the course of the year, the relevant support can be paid from the quarter in which the event occurs. At present, the support is only payable in respect of quarters of an academic year which begin after the quarter in which the student becomes eligible for support.
Other minor amendments
Amendments are made to the 2011 Regulations in consequence of the inclusion of the new category of “eligible students” mentioned above and to correct the list of “relevant events” which may trigger a student’s qualification for support after the start of an academic year, as well as to correct existing incorrect cross-references in the 2011 Regulations (regulations 26 and 27).
Regulation 28 amends the Doctoral Regulations to clarify the duration of courses in connection with which students are eligible for support under those Regulations.
New payment rates
The 2011 Regulations are amended to update the payment rates for student support for an academic year which begins on or after 1st August 2021 (regulation 29 and the Schedule).
Regulations 30 and 31 amend the Masters Regulations and the Doctoral Regulations to increase the maximum amounts of master’s degree and doctoral degree loans for students beginning their courses on or after 1st August 2021.
An impact assessment has not been produced for this instrument as no, or no significant impact on the private, voluntary or public sectors is foreseen.

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Source: https://www.legislation.gov.uk/uksi/2020/1203/note (the official version)
Page: https://openlegislation.uk/education-student-fees-awards-and-support-etc-amendment-no-3-regulations-2020/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.