Explanatory note

These Regulations, which come into force on 1st August 1996, supersede the Education (Student Loans) Regulations 1994 which are revoked (regulation 2).

Provisions in these Regulations which differ from the corresponding provisions of the 1994 Regulations (except as a result of minor drafting or consequential changes) are indicated by the use of heavy type. Omissions are indicated by the use of dots. The changes of substance made by these Regulations, other than in the maximum amounts of loans and rates of interest, are described below.

Regulation 4(2)(b) has been amended, so that students in receipt of means-tested National Health Service bursaries will in all cases be eligible for loans, while those in receipt of ones which are not means-tested will continue to be ineligible.

Regulation 6(1)(b)(ii) of the 1994 Regulations, which prescribed the maximum amount of a loan in a case where a student did not live at home, but was treated by his local education authority as if he did in determining the amount of maintenance grant payable to him under the Education (Mandatory Awards) Regulations 1994, has not been replaced in light of the revocation without replacement of paragraph 2(1)(c) of Schedule 2 to the Education (Mandatory Awards) Regulations, which gave local education authorities the discretion to treat students in the way mentioned.

Provision has been made for a student to defer making repayments of his loan in any case where another loan under the Act is made to him, in addition to the case where his income falls below a specified amount (regulation 11(2)(b)).

Provision has been made in accordance with paragraph 2(1A) of Schedule 2 to the Education (Student Loans) Act 1990, as inserted by paragraph 3(3)(b) of the Schedule to the Education (Student Loans) Act 1996, for the payment to higher education institutions of fee for the steps they are required to take in connection with applications for loans (regulation 13(5) and (7)).

Paragraph 2 of the Schedule has been replaced so that the spouse of an EEA migrant worker, in addition to the worker and his children, are eligible for a loan