OpenLegislation

Regulation 147 Disabled part-time students' allowanceF1

England and Wales

(F21)

A student qualifies for a grant under this regulation if the student—

(a)

is an eligible part-time student; and

(b)

has a disability.

(2)

An eligible part-time student does not qualify for the grant under this regulation—

(F3a)

if the only paragraph or paragraphs in Part 2 of Schedule 1 into which the student falls is one or more of F4paragraphs 2A, 3(1)(d)(ii), 6A(1)(c)(ii), 7A(1)(b)(ii), 9, 9A, 9BA, 9BB, 9C, 9D, 10, 10ZA, 11A(c)(ii) and 12A(d)(ii).

(b)

unless the Secretary of State considers that the student is undertaking the designated part-time course in the United Kingdom; or

(c)

subject to F5paragraph (3), where the student is a prisoner.

(F62A)

Paragraph (2)(b) does 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.

(3)

Paragraph (2)(c) does not apply in respect of an academic year during which the student enters prison or is released from prison.

(4)

Where the current part-time course begins on or after 1st September 2012, an eligible part-time student does not qualify for grant under this regulation if the intensity of study during the academic year for which support is claimed is less than 25% F7of an equivalent full-time course.

(F84A)

The Secretary of State is authorised to pay a grant under this regulation to an eligible part-time student (“A”) who qualifies for that grant for the purpose of assisting with the additional expenditure which A is obliged to incur by reason of A’s disability in respect of undertaking a designated part-time course.

(F94B)

The expenditure for which the grant may be paid includes, in particular—

(a)

expenditure on a non-medical personal helper;

(b)

expenditure on major items of specialist equipment;

(c)

travel expenditure.

(5)

Subject to the following paragraphs, the amount of grant under this regulation is the amount that the Secretary of State considers appropriate in accordance with the student's circumstances.

(F105A)

Subject to paragraph (6), the amount of the grant under this regulation in respect of additional expenditure on a computer must not exceed an amount equal to the additional expenditure incurred less £200.

(F116)

The amount of the grant under this regulation in respect of an academic year—

(a)

for expenditure other than travel expenditure, must not exceed F12£27,783;

(b)

for travel expenditure, must not exceed an amount equal to that expenditure.

(F137)

Subject to paragraph (8), the grant under this regulation is payable in respect of the four quarters of the academic year F14....

(F158)

Where—

(a)

a part-time course designation event which results in a student’s course becoming a designated part-time course occurs in the course of an academic year; or

(b)

an in-year qualifying event (other than a settled status event) which results in a student becoming an eligible part-time student occurs in the course of an academic year,

the student may qualify for the grant under this regulation in respect of the qualifying quarters.

(8A)

For the purposes of paragraph (8), “the qualifying quarters” means—

(a)

the quarter in which the relevant event occurs; and

(b)

if relevant, such other quarters as begin after the relevant event occurs.

(8B)

Where a protected category event which results in a student becoming an eligible part-time student occurs—

(a)

in the course of the first academic year of a course; and

(b)

on or before the course start date,

the student may qualify for the grant under this regulation in respect of the four quarters of that academic year.

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

Reg. 147(1) substituted (with application in accordance with reg. 1(4)(b)(5) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(4)(a), 18(a)

F3

Reg. 147(2)(a) substituted (1.3.2021) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 (S.I. 2021/127), regs. 1(1), 20(a)

F4

Words in reg. 147(2)(a) substituted (with application in accordance with reg. 1(3)(d) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 11(7)

F5

Words in reg. 147(2)(c) substituted (7.11.2014) by The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(2), 18(b)

F6

Reg. 147(2A) 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), 22

F7

Words in reg. 147(4) inserted (1.8.2012) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(3), 31(a)

F8

Reg. 147(4A) inserted (with application in accordance with reg. 1(4)(b)(5) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(4)(a), 18(c)

F9

Reg. 147(4B) inserted (with application in accordance with reg. 1(3)(b)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/1203), regs. 1(2), 25(5)(a)

F10

Reg. 147(5A) inserted (with application in accordance with reg. 1(4)(b)(5) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(4)(a), 18(d)

F11

Reg. 147(6) substituted (with application in accordance with reg. 1(3)(b)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/1203), regs. 1(2), 25(5)(b)

F12

Sum in reg. 147(6)(a) substituted (6.3.2025) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2025 (S.I. 2025/162), reg. 1(b), Sch. 2 (with reg. 2(2)(c)(4))

F13

Reg. 147(7)(8) inserted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(2)(a), 31(b)

F14

Words in reg. 147(7) omitted (with application in accordance with reg. 1(3)(b)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/1203), regs. 1(2), 25(5)(c)

F15

Reg. 147(8)-(8B) substituted for reg. 147(8) (with application in accordance with reg. 2(4)(5)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), regs. 1, 27

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)