OpenLegislation

The Education (Student Support) Regulations 2008 (Amendment) Regulations 2009

S.I. 2009/862 · Made 2 April 2009

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Education, England

Made 2nd April 2009

Laid before Parliament 8th April 2009

Coming into force in accordance with regulation 1

The Secretary of State for Innovation, Universities and Skills makes the following Regulations in exercise of the powers conferred by sections 22 and 42(6) of the Teaching and Higher Education Act 1998f1:

Annotations to the whole text

Footnotes

f1

1998 c. 30; section 22 was amended by the Learning and Skills Act 2000 (c. 21), section 146 and Schedule 11; the Income Tax (Earnings and Pensions) Act 2003 (c. 1), Schedule 6; the Finance Act 2003 (c. 14), section 147 and the Higher Education Act 2004 (c. 8), sections 42 and 43 and Schedule 7. See section 43(1) of the 1998 Act for the definition of “prescribed” and “regulations”.

Contents

  1. 1Citation, commencement and application
  2. 2Amendment of the Education (Student Support) Regulations 2008
  3. 3Amendment of the Education (Student Support) Regulations 2008
  4. 4Amendment of the Education (Student Support) Regulations 2008
  5. 5Amendment of the Education (Student Support) Regulations 2008
  6. Signature
  7. Explanatory note

1Citation, commencement and application

(1)

These Regulations may be cited as the Education (Student Support) Regulations 2008 (Amendment) Regulations 2009.

(2)

These Regulations come into force on the day after they are laid before Parliament.

(3)

These Regulations apply in relation to England f1.

2Amendment of the Education (Student Support) Regulations 2008

The Education (Student Support) Regulations 2008f1 are amended in accordance with regulations 3, 4, and 5.

3Amendment of the Education (Student Support) Regulations 2008

In regulation 65(1), for “The maximum amount of a loan” substitute “Subject to paragraphs (2), (3) and (4), the maximum amount of a loan”.

4Amendment of the Education (Student Support) Regulations 2008

After regulation 65(1) insert–

“(2)

Notwithstanding paragraph (1) and regulation 71(2), if in the opinion of the Secretary of State the circumstances set out in paragraph (3) apply, the maximum amount of a loan for living costs or a long courses loan is increased in respect of an academic year which begins on or after 1st September 2008 and before 1st September 2009, in accordance with paragraph (4).

(3)

The circumstances are that –

(a)

the Secretary of State has notified the eligible student of the amount of a loan payable in respect of the academic year which begins on or after 1st September 2008 and before 1st September 2009 pursuant to regulation 8(3), and the amount notified has been incorrectly calculated under paragraphs 10, 11 and 12 of Schedule 4; and

(b)

the Secretary of State is paying or has paid the loan by way of three instalments pursuant to regulation 110(1).

(4)

The amount of the increase of the maximum amount is a sum equal to the difference between–

(a)

the amount which the eligible student would have received by way of a third instalment had the amount notified under paragraph (3)(a) been correctly calculated; and

(b)

the amount of the loan remaining to be paid after any action taken pursuant to regulation 110(13), including where the amount is nil.”.

5Amendment of the Education (Student Support) Regulations 2008

In regulation 71(2), for “The maximum amount of the long courses loan” substitute “Subject to regulation 65(2), (3) and (4), the maximum amount of the long courses loan”.

Signature

David Lammy

Minister of State

Department for Innovation, Universities and Skills

2nd April 2009

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Education (Student Support) Regulations 2008 as amended (“the 2008 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 before 1st September 2009.

Regulation 4 amends the 2008 Regulations to provide a power for the Secretary of State to increase the maximum amount of a loan for living costs or a long courses loan for the academic year beginning on or after 1st September 2008 and before 1st September 2009, if in the opinion of the Secretary of State certain specified circumstances apply. It also sets out how the increase is calculated.

Regulations 3 and 5 make consequential changes to regulations 65(1) and 71(2) of the 2008 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.