OpenLegislation

Regulation 144 Fee loans for designated part-time courses beginning on or after 1st September 2012F1F30

England and Wales

(1)

An eligible part-time student (“A”) qualifies for a fee loan in respect of the fees payable by A in connection with A's undertaking a designated part-time course beginning on or after 1st September 2012.

(2)

F2An eligible part-time student does not qualify for a fee loan if the intensity of study during the academic year for which support is claimed is less than 25%F3of an equivalent full-time course.

(F42A)

An eligible part-time student does not qualify for a fee loan if—

(a)

the current course is a course falling within regulation 2(1ZA)(e), (f), (g), (h) or (i); and

(b)

the student has completed a previous course falling within regulation 2(1ZA)(e), (f), (g), (h) or (i) and achieved the intended qualification.

(F53)

An eligible part-time student qualifies for a fee loan under paragraph (1) if the Secretary of State considers that—

(a)

the student is attending the course in the United Kingdom, or

(b)

where the course is a part-time distance learning course, the student is undertaking the course in England on the first day of the first academic year.

(F63ZA)

For the purposes of paragraph (3)(b), a person (“A”) is to be treated as being ordinarily resident in England for any period during which A would have been so resident but for the fact that—

(a)

A,

(b)

A’s spouse or civil partner,

(c)

A’s parent, or

(d)

in the case of a dependent direct relative in the ascending line, A’s child or child’s spouse or civil partner,

is or was temporarily employed in Wales, Scotland or Northern Ireland as a member of the regular naval, military or air forces of the Crown.

(F73A)

A student qualifying for a fee loan in respect of a part-time distance learning course under paragraph (3) will no longer qualify for a fee loan in respect of that course if the Secretary of State considers that the student is undertaking the course outside the United Kingdom.

(F83B)

Paragraphs (3)(b) and (3A) do not apply to a person who is treated as being ordinarily resident in the United Kingdom by virtue of paragraph 1(4) of Schedule 1 on the basis of temporary employment falling within paragraph 1(5)(a) of that Schedule.

(4)

F9Subject to F10paragraphs (6) to (12) an eligible part-time student does not qualify for support under this regulation if the current part-time course leads to an equivalent or lower qualification.

(5)

An eligible part-time student does not qualify for support under this regulation if—

(a)

the student has undertaken one or more part-time courses for sixteen academic years in aggregate; and

(b)

the student was eligible to apply for a fee loan under this regulation or a loan or grant of the kind described in F11paragraph (5A) in respect of each of those academic years.

(F125A)

The loans and grants are—

(a)

a loan, a grant in respect of fees or a grant for books, travel and other expenditure each made in respect of an academic year of a part-time course pursuant to regulations made under section 22 of the 1998 Act;

(b)

a loan, a grant in respect of fees or a grant for books, travel and other expenditure each made in respect of an academic year of a part-time course by the Department for the Economy pursuant to regulations made under Articles 3 and 8(4) of the Education (Student Support) (Northern Ireland) Order 1998; or

(c)

a loan in respect of an academic year of a part-time course made pursuant to regulations made under sections 73(f), 73B and 74(1) of the Education (Scotland) Act 1980.

(6)

F13Paragraph (4) does not apply if—

(a)

the current part-time course is a course for the initial training of teachers F14...;

(b)

the duration of the current course does not exceed four years; and

(c)

the student is not a qualified teacher.

F15(6A)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(F167)

Paragraph (4) does not apply if—

(a)

the current part-time course—

(i)

is a course in F17engineering and technology or computing (or a combination of those subjects);

(ii)

leads to an honours degree; and

(b)

the student begins the current part-time course on or after 1st August 2015.

(F187A)

Paragraph (4) does not apply if—

(a)

the current part-time course—

(F19i)

is a course in agriculture, food and related studies, biological and sport sciences, F20... F21geography, earth and environmental studies, mathematical sciences, medicine and dentistry, physical sciences, psychology, subjects allied to medicine or veterinary sciences (or a combination of those subjects);

(ii)

leads to an honours degree; and

(b)

the student begins the current part-time course on or after 1st August 2017.

(7B)

Paragraph (4) does not apply if—

(a)

the current part-time course—

(i)

is a pre-registration course in an allied health profession subject, midwifery, nursing, nursing and social work or operating department practice;

(F22ii)

leads to—

(aa)

an ordinary degree or an honours degree;

(bb)

in respect of a course in a dental profession subject, an ordinary degree, an honours degree, a diploma or a foundation degree; or

(cc)

in respect of a course in operating department practice, an ordinary degree, an honours degree or a diploma;

(b)

the student begins the current part-time course on or after 1st August 2017F23.... F24or, in the case of a course in a dental profession subject, begins on or after 1st August 2018

(8)

Paragraph (4) does not apply where the Secretary of State determines that the following conditions are satisfied—

(a)

the student has provided all information required by the Secretary of State in relation to qualifications held by the student;

(b)

that information is accurate; and

(c)

the Secretary of State has provided written notification that the student qualifies for support under this regulation in respect of F25—

(i)

the first academic year of F26the current part-time course, where the determination by the Secretary of State is made before the first day of the first academic year of the current part-time course;

(ii)

the academic year of the current part-time course during which the determination by the Secretary of State is made; or

(iii)

an academic year of the current part-time course in respect of which the determination of the Secretary of State is made, which the student has completed before the making of that determination.

(9)

Where paragraph (8) applies, the student qualifies for support under this regulation in accordance with paragraphs (10) to F27(12A).

(10)

If the Secretary of State makes the determination before the first day of the first academic year of the current part-time course then the student qualifies for support under this regulation in respect of the first academic year of the current part-time course.

(11)

If the Secretary of State makes the determination on or after the first day of the first academic year of the current part-time course then the student qualifies for support under this regulation in respect of—

(a)

the academic year of the current part-time course during which the Secretary of State makes the determination; and

(b)

an academic year of the current part-time course which the student has completed prior to the Secretary of State making the determination.

(F2812)

Paragraphs (10) and (11) do not apply if the Secretary of State considers that there are exceptional circumstances.

(F2912A)

Where the Secretary of State considers that there are exceptional circumstances, the Secretary of State may determine that the student should qualify for support under this regulation in respect of one or more academic years of the current part-time course, as appropriate, whether or not the student has completed those academic years prior to the Secretary of State making the determination.

Annotations

Textual amendments

F1

Pt. 11A heading and ss. 140A, 140B inserted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Support) (Amendment) (No. 3) Regulations 2018 (S.I. 2018/472), regs. 1(2)(a), 16

F2

Words in reg. 144(2) substituted (15.2.2024) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 64

F3

Words in reg. 144(2) inserted (1.8.2012) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(3), 30(a)

F4

Reg. 144(2A) inserted (with application in accordance with reg. 2(5)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 6(4)(a)

F5

Reg. 144(3) substituted (1.8.2012) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(3), 30(b)

F6

Reg. 144(3ZA) inserted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 3(3)

F7

Reg. 144(3A) inserted (1.8.2012) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(3), 30(c)

F8

Reg. 144(3B) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 20(a)

F9

Words in reg. 144(4) inserted (1.8.2012) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(3), 30(d)

F10

Words in reg. 144(4) substituted (with application in accordance with reg. 1(4)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(4)(a), 17(a)

F11

Words in reg. 144(5) substituted (26.11.2020) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/1203), regs. 1(2), 4(4)(d)(ii)

F12

Reg. 144(5A) inserted (26.11.2020) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/1203), regs. 1(2), 4(4)(d)(iii)

F13

Words in reg. 144(6) substituted (1.8.2012) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(3), 30(e)

F14

Words in reg. 144(6)(a) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 7(4)(a)

F15

Reg. 144(6A) omitted (with application in accordance with reg. 2(5)(a) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 6(4)(b)

F16

Reg. 144(7)-(12) inserted (with application in accordance with reg. 1(4)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(4)(a), 17(b)

F17

Words in reg. 144(7) substituted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 26(2)

F18

Reg. 144(7A)(7B) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 20(b)

F19

Reg. 144(7A)(a)(i) substituted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 26(3)

F20

Words in reg. 144(7A)(a)(i) omitted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/48), regs. 1(1), 8(1)(a)(i)

F21

Words in reg. 144(7A)(a)(i) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/48), regs. 1(1), 8(1)(a)(ii)

F22

Reg. 144(7B)(a)(ii) substituted (with application in accordance with reg. 1(2)(b)(3) of the amending S.I.) by The Education (Student Support) (Amendment) (No. 2) Regulations 2018 (S.I. 2018/443), regs. 1(2)(a), 12(2)(a)

F23

Words in reg. 144(7B)(b) omitted (28.3.2018) by virtue of The Education (Student Support) (Revocation, Amendment and Saving Provision) Regulations 2018 (S.I. 2018/434), regs. 1(2), 14(2)(b) (with reg. 3)

F24

Words in reg. 144(7B)(b) inserted (with application in accordance with reg. 1(2)(b)(3) of the amending S.I.) by The Education (Student Support) (Amendment) (No. 2) Regulations 2018 (S.I. 2018/443), regs. 1(2)(a), 12(2)(b)

F25

Reg. 144(8)(c)(i)-(iii) substituted for words in reg. 144(8)(c) (23.12.2021) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 8(1)

F26

Words in reg. 144(8)(c) substituted (with application in accordance with reg. 2(4)(e) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 10(1)

F27

Word in reg. 144(9) substituted (27.2.2018) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 4(4)(a)

F28

Reg. 144(12) substituted (27.2.2018) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 4(4)(b)

F29

Reg. 144(12A) inserted (27.2.2018) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 4(4)(c)

F30

Word in reg. 144 heading substituted (26.11.2020) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/1203), regs. 1(2), 4(4)(d)(i)

Notes on Part 11A

Textual amendments

F2

Word in Pt. 11A heading substituted (26.11.2020) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/1203), regs. 1(2), 4(4)(a)