Explanatory note
(This note is not part of the Regulations)
These Regulations amend various instruments relating to student finance.
Part 1 makes general provision.
Part 2 amends the Education (Student Support) Regulations 2011 (S.I. 2011/1986) (“the Student Support Regulations”).
Part 3 amends the following related Regulations (“the related Regulations”):
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the Education (Fees and Awards) (England) Regulations 2007 (S.I. 2007/779),
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the Further Education Loans Regulations 2012 (S.I. 2012/1818),
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the Education (Postgraduate Master’s Degree Loans) Regulations 2016 (S.I. 2016/606) (“the Master’s Degree Loans Regulations”),
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the Higher Education (Fee Limit Condition) (England) Regulations 2017 (S.I. 2017/1189), and
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the Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 2018 (S.I. 2018/599) (“the Doctoral Degree Loans Regulations”).
Part 4 amends the Education (Student Loans) (Repayment) Regulations 2009 (S.I. 2009/470) (“the Repayment Regulations”).
Regulation 4 amends the Student Support Regulations to provide that adult dependants’ grant is only payable in respect of an adult dependant who is ordinarily resident in the United Kingdom. Where the adult dependant is ordinarily resident in the United Kingdom for only part of the relevant year, the amount of adult dependants’ grant payable is pro-rated accordingly.
Regulation 5 amends the Student Support Regulations to provide that, for the purposes of childcare grant, prescribed childcare charges, other than in exceptional circumstances, do not include charges for childcare provided by a nanny.
Regulation 6 amends the Student Support Regulations to provide that students who are lone parents qualify for higher rates of loans for living costs.
Regulation 7 amends the Student Support Regulations to introduce a 13 week cut off point by when a person seeking payment of prescribed childcare charges must apply for that payment, other than in exceptional circumstances.
Regulation 8 amends the Student Support Regulations to remove the household income assessment of eligible care leavers in relation to loans for living costs.
Regulation 9 amends the Student Support Regulations to allow overstayers satisfying paragraph SUI 13.1 of the immigration rules to retain eligible student status. Part 3 makes corresponding amendments to the related Regulations where relevant.
Regulation 10 amends the definition of an Erasmus Year in the Student Support Regulations to provide that, for the purposes of grants and loans for living and other costs, students studying on the Welsh Government’s International Learning Exchange Programme are to be treated in the same way as students studying on the Turing Scheme.
Regulation 11 amends the Student Support Regulations to update references to the Ukraine Schemes following amendments made to the immigration rules. Part 3 makes corresponding amendments to the related Regulations.
Regulation 12 amends the Student Support Regulations to update references to Scottish legislation following the consolidation of various pieces of Scottish subordinate legislation. Regulation 23 makes corresponding amendments to the Master’s Degree Loans Regulations.
Regulation 13 amends the Student Support Regulations to remove references to the Scottish healthcare allowance, which no longer applies to English domiciled students.
Regulation 14 and the Schedule amend the Student Support Regulations to update the payment rates for financial support for students in relation to academic years which begin on or after 1st August 2026.
Regulation 24 amends the Master’s Degree Loans Regulations to update the maximum amount of the postgraduate master’s degree loan in relation to courses which begin on or after 1st August 2026.
Regulation 31 amends the Doctoral Degree Loans Regulations to update the maximum amount of the doctoral degree loan, and the maximum individual payment of that loan in connection with any academic year, in relation to courses which begin on or after 1st August 2026.
Regulations 33, 34 and 35 amend the Repayment Regulations to update references to HMRC, correct a typographical error and bring student loan repayments made through the self-assessment system provided for in Part 3 of those Regulations into scope of the penalties established by sections 116 and 117 of, and Schedules 25 and 26 to, the Finance Act 2021 (c. 26).
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.