Explanatory note

These Regulations amend the Education (Student Support) Regulations 2011 (S.I. 2011/1986) (“the Student Support Regulations”), the Education (Fees and Awards) (England) Regulations 2007 (S.I. 2007/779) (“the Fees and Awards Regulations”), the Education (Student Support) (European University Institute) Regulations 2010 (S.I. 2010/447) (“the European University Institute Regulations”), the Further Education Loans Regulations 2012 (S.I. 2012/1818) (“the Further Education Loans Regulations”), the Education (Postgraduate Master’s Degree Loans) Regulations 2016 (S.I. 2016/606) (“the Postgraduate Master’s Degree Loans Regulations”), the Higher Education (Fee Limit Condition) (England) Regulations 2017 (S.I. 2017/1189) (“the Fee Limit Condition Regulations”) and the Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 2018 (S.I. 2018/599) (“the Postgraduate Doctoral Degree Loans and Repayment Regulations”).

The principal amendments which these Regulations make to the Student Support Regulations are as follows.

Regulation 3(2) amends regulation 2(1) of the Student Support Regulations to include definitions connected with the higher education regulatory regime established by the Higher Education and Research Act 2017 (“HERA”). Amongst these are definitions of “the register”, “registered”, “approved” and “approved (fee cap)” providers. Regulation 3(2) also partially amends the definition of “accelerated course” in line with the definition set out in paragraph 4(2) of Schedule 2 to HERA, and moves to the general interpretation section the definition of an “accredited institution”, previously found in regulation 139(2B), to reflect the wider availability of loans for school-centred initial teacher training courses.

Regulation 4(2) amends regulation 5(1) of the Student Support Regulations to amend the criteria for full-time courses to be designated for student support in the form of grants and loans to eligible students. Full-time higher education courses provided by or on behalf of registered English higher education providers are to be designated for student support. Regulation 4(6) also makes explicit the power of the Secretary of State to suspend or revoke the designation of a course designated under regulation 5(1) of the Student Support Regulations as well as that of courses designated specifically by the Secretary of State under regulation 5(10).

Regulation 5 amends regulation 7 of the Student Support Regulations to ensure that on transfer between courses, the provisions enabling the retention of eligible student status and existing levels of support do not apply where a student transfers to an accelerated course. Where a student transfers to an accelerated course, and is an eligible student, the new levels of support prescribed by these Regulations will apply.

Regulation 6, amending regulation 12 of the Student Support Regulations, is one of a series of amendments applying the existing provisions which relate to “compressed degree courses”, to “intensive courses”. The latter term is defined to encompass both accelerated and compressed degree courses and the amendments reflect a degree of overlap between the two. Similar changes in terminology are made elsewhere in regulations 9, 10, 12, 17(4), 20 and 32.

Regulations 7 and 8 amend regulations 16 and 17 of the Student Support Regulations respectively to ensure that if a provider of a full-time course becomes a registered provider at any point in an academic year, a student may qualify for fee support in respect of that year.

Regulation 11 amends regulation 23 of the Student Support Regulations to prescribe, in relation to full-time courses, different fee loan amounts where those courses are provided by or on behalf of English higher education providers included in the approved (fee cap) and approved categories of the register established by the Office for Students under section 3 of HERA. Regulation 11(3) also prescribes specific fee loan amounts applicable to unregistered providers of initial teacher training courses, and to providers of full-time accelerated courses. Paragraphs (4) and (5) of regulation 11 prescribe different fee loan amounts applicable to higher education providers which do not and which do, respectively, have a high level quality rating (as defined by paragraph 2(3) of Schedule 2 to HERA) in accordance with arrangements made by the Office for Students under section 25 of HERA, replacing references to the list of specific institutions in Schedule 5 which is revoked by regulation 34. Paragraphs (6) to (11) of regulation 11 make further amendments to align full-time student support designation provisions with the registration regime established by HERA.

Regulations 13 to 15, 21 and 33 amend regulations 42, 45, 47 and 109 of, and Schedule 4 to, the Student Support Regulations to introduce new and separate means tests and procedures for eligible students with dependants who apply for adult dependants’ grant, childcare grant or parents’ learning allowance.

Regulations 16 to 18 amend regulations 81 to 83 of the Student Support Regulations to ensure that the long courses loan is paid in respect of four quarters of an academic year rather than three, in accordance with the practice of the Student Loans Company.

Regulation 19 amends regulation 85 of the Student Support Regulations to ensure that where a provider of a full-time course becomes a registered provider at any point in an academic year, a student may qualify for a loan for living costs in respect of that year. Regulations 23 and 24 further amend regulations 138 and 138A of the Student Support Regulations respectively to ensure that if a provider of a part-time higher education course becomes registered at any point during an academic year, a student may qualify for fee support and a loan for living costs in respect of that year.

Regulation 25 amends regulation 139 of the Student Support Regulations to amend the criteria for part-time courses to be designated for student support in the form of grants and loans to students. Part-time courses provided by or on behalf of registered English higher education providers are to be designated for student support. Regulation 25(6) also makes explicit the power of the Secretary of State to suspend or revoke the designation of a course designated under regulation 139(1) of the Student Support Regulations, as well as that of courses designated specifically by the Secretary of State under regulation 139(7).

Regulation 26 amends regulation 144 of the Student Support Regulations to adjust, in relation to fee support, the description of certain subjects studied by part-time students who already have a qualification at the same or a higher level. The amended terminology is taken from the new Higher Education Classification of Subjects framework developed by the Higher Education Statistics Authority, the Universities and Colleges Admissions Service and partner organisations.

Regulation 27 amends regulation 145 of the Student Support Regulations in a manner akin to the amendments made to regulation 23 of the Student Support Regulations by regulation 11, but in relation to part-time courses. Regulation 27 prescribes different fee loan amounts applicable to part-time courses provided by or on behalf of English higher education providers included in the approved (fee cap) and approved categories of the register established by the Office for Students under section 3 of HERA. Paragraph (2) of regulation 27 prescribes fee loan amounts applicable to unregistered providers of part-time initial teacher training courses. Paragraphs (3) and (4) of regulation 27 prescribe different fee loan amounts applicable to higher education providers which do not and which do, respectively, have a high level quality rating in accordance with arrangements made by the Office for Students under section 25 of HERA, replacing references to the list of specific institutions in Schedule 5 which is revoked by regulation 34.

Regulation 29 amends regulation 157B of the Student Support Regulations in a manner akin to the amendments made to regulation 144 of the Student Support Regulations by regulation 26, but in relation to the loan for living costs.

Regulations 30 and 31 amend regulations 160 and 161 of the Student Support Regulations respectively to ensure that support for postgraduate students with disabilities is available where a postgraduate course is provided by or on behalf of a registered English higher education provider, including where a provider becomes registered during the course of an academic year.

Regulation 34 revokes Schedule 5 to the Student Support Regulations, which listed higher education providers in receipt of a Teaching Excellence and Student Outcomes Framework award from the Office for Students. Such an award, possession of which may increase the level of tuition fees which a provider may charge and the fee loans available to pay them, has been determined by the Secretary of State to constitute a “high level quality rating” in accordance with paragraph 2(3) of Schedule 2 to HERA. Accordingly, the amendments to regulations 23 and 145 make reference to providers with and without a high level quality rating, obviating the need for a list of specific institutions.

Regulation 35 of, and the Schedule to, these Regulations uprate the level of the grants and loans for living and other costs available in an academic year which begins on or after 1st August 2019 by an inflationary amount, estimated at 2.8%.

The amendments made to the Student Support Regulations by regulation 36 create a new category of student eligible for student support: persons granted section 67 leave. It is of note that all amendments in these Regulations referring to persons granted section 67 leave include both persons granted leave under paragraph 352ZG of the immigration rules and children of those persons who are granted ‘leave in line’ under paragraph 352ZO of those rules.

These Regulations make the following amendments to other sets of Regulations.

Regulation 37 of these Regulations amends Schedule 1 to the Fees and Awards Regulations to ensure that persons granted section 67 leave may be eligible students under those Regulations.

Regulation 38 of these Regulations amends Schedule 1 to the European University Institute Regulations to ensure that persons granted section 67 leave may be eligible students under those Regulations.

Regulation 39 of these Regulations amends Schedule 1 to the Further Education Loans Regulations to ensure that persons granted section 67 leave may be eligible students under those Regulations.

Regulations 41 to 43 of these Regulations amend regulations 2, 4 and 8 of the Postgraduate Master’s Degree Loans Regulations in a manner akin to the amendments made to regulations 2 and 5 of the Student Support Regulations by regulations 3 and 4. The amendments import terms (including “register” and “registered provider”) connected with the higher education regulatory regime established by HERA into regulation 2 (interpretation) of the Postgraduate Master’s Degree Regulations. They amend the criteria for Master’s degrees to be designated for student support in the form of loans to students so that Master’s degree courses provided by or on behalf of registered English higher education providers will be so designated, including where a provider becomes registered in the course of an academic year. They also make explicit the power of the Secretary of State to suspend or revoke the designation of a course designated under regulation 4(1) of the Master’s Degree Loans Regulations, as well as that of courses designated specifically by the Secretary of State under regulation 4(6). Regulation 44 of these Regulations uprates the level of the available Master’s degree loan for a course which begins on or after 1st August 2019 by an inflationary amount, estimated at 2.8%. Regulation 45 of these Regulations amends Schedule 1 to the Postgraduate Master’s Degree Loans Regulations to ensure that persons granted section 67 leave may be eligible students under those Regulations.

Regulation 46(2) of these Regulations amends regulation 5 of the Fee Limit Condition Regulations to adjust, in relation to tuition fee limits, the terminology applicable to certain subjects in the same way as regulations 26 and 29 amend the Student Support Regulations. Regulation 46(3) of these Regulations amends the Schedule to the Fee Limit Condition Regulations to ensure that persons granted section 67 leave may be eligible students under those Regulations.

Regulations 48 to 50 of these Regulations make identical amendments to the Postgraduate Doctoral Degree Loans and Repayment Regulations to those made to the Postgraduate Master’s Degree Loans Regulations by regulations 41 to 43. They import terms connected with the higher education regulatory regime established by HERA into regulation 2 (interpretation) of the Postgraduate Doctoral Degree Loans and Repayment Regulations. They amend the criteria for doctoral degrees to be designated for student support in the form of loans to students, so that doctoral degree courses provided by or on behalf of a registered provider will be so designated, including where a provider becomes registered in the course of an academic year, and they make explicit the power of the Secretary of State to suspend or revoke the designation of a course designated under regulation 4(1) of the Postgraduate Doctoral Degree Loans and Repayment Regulations, as well as that of courses designated specifically by the Secretary of State under regulation 4(5). Regulations 51 and 52 amend regulations 12 and 13 of the Postgraduate Doctoral Degree Loans and Repayment Regulations to uprate, in relation to a course commencing on or after 1st August 2019, the level of the available doctoral degree loan and the amount payable in respect of any one academic year by an inflationary amount, estimated at 2.8%. Regulation 53 of these Regulations amends Schedule 1 to the Postgraduate Doctoral Degree Loans and Repayment Regulations to ensure that persons granted section 67 leave may be eligible students under those Regulations.

An impact assessment has not been produced for this instrument as it has no impact on the costs of business, charities or the voluntary sector.