Explanatory note

These Regulations amend the Education (Student Support) Regulations 2008 (“the 2008 Regulations”) and the Education (Student Support) (No.2) Regulations 2008 (“the 2008 (No.2) Regulations”) which provide for financial support for students taking designated higher education courses in respect of academic years beginning respectively on or after 1st September 2008 and 1st September 2009.

Changes of substance made by these Regulations are described below.

Regulations 120 and 137 of the 2008 Regulations are amended so that the income strand of the employment and support allowance (ESA) introduced by the Welfare Reform Act 2007 is added to the list of means-tested benefits for part-time students and full-time distance learning students. These amendments come into force on 27th October 2008 to coincide with the coming into force of Part 1 of the 2007 Act. The same amendments have been made to regulations 120 and 137 of the 2008 (No.2) Regulations.

Regulation 66 of the 2008 Regulations is substituted and regulation 66A inserted to provide clarification of the calculation of financial support for 2008 cohort students (including 2008 cohort students who are type 1 or type 2 teacher training students) with full entitlement. These amendments ensure the correct entitlement to loans for living costs. The same substitution and insertion is made in regulations 68 and 68A of the 2008 (No. 2) Regulations.

Regulation 13(8) of the 2008 (No.2) Regulations has been amended so that it no longer applies to students starting their current course on or after 1st September 2009, who have taken a previous UK or overseas course but did not achieve a qualification. For these students, all United Kingdom and overseas study undertaken full-time at a publicly funded institution (with the exception of repeat years for compelling personal reasons) will be taken into account when support for the current course is assessed.

Minor consequential changes have been made following the amendments. Also minor drafting corrections have been made to regulations 132 and 140 of and Schedules 1 and 4 to the 2008 (No.2) Regulations.

An impact assessment has not been produced for this instrument as it has no impact on the cost of business, charities or the voluntary sector. The impact on the public sector is minimal.