Regulation 38 General qualifying conditions for grants for living and other costs

England and Wales

(1)

An eligible student qualifies for a grant under this Part provided that the student—

(a)

is not excluded from qualification by any of the following paragraphs; and

(b)

satisfies the qualifying conditions for the particular grant for which the student is applying.

(2)

An eligible student does not qualify for a grant under this Part, other than for a disabled students' allowance, in respect of a distance learning course F1unless the student is treated as being in attendance on the designated course under regulation 39.

(3)

An eligible student does not qualify for a grant under this Part if the only paragraph F2or paragraphs in Part 2 of Schedule 1 into which the student falls is one or more of F3paragraphs 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).

(4)

An eligible student does not qualify for a grant under this Part in respect of—

(a)

an academic year which is a bursary yearF4.

F5(b)

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

(c)

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

F6(5)

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

(6)

F7Subject to paragraph (6A), an eligible student does not qualify for a grant under this Part in respect of any academic year of a sandwich course where the periods of full-time study are in aggregate less than 10 weeks unless the periods of work experience constitute unpaid service.

(F86A)

Paragraph (6) does not apply in respect of disabled students’ allowance paid on or after the date this paragraph comes into force in relation to an academic year beginning on or after 1st August 2024 where the grant relates to providing a student with—

(a)

technical support for,

(b)

repairs to, or

(c)

replacement of,

relevant equipment or software.

(6B)

For the purposes of paragraph (6A), “relevant equipment or software” means—

(a)

equipment or software that was funded, in whole or in part, by the disabled students’ allowance and provided to the student in an earlier year—

(i)

of the current course, or

(ii)

of an earlier course, where the Secretary of State has transferred the disabled students’ allowance to the current course;

(b)

equipment or software not falling within sub-paragraph (a) for which the student was reimbursed, in whole or in part, by the disabled student’s allowance;

(c)

equipment not falling within sub-paragraph (a) or (b)—

(i)

of which the student had use at the time the Secretary of State assessed the student’s application for support, and

(ii)

with which the Secretary of State determined the student would have been eligible to be provided had the student not already had use of suitable equipment;

(d)

software not falling within sub-paragraph (a) or (b)—

(i)

of which the student had use at the time the Secretary of State assessed the student’s application for support,

(ii)

with which the Secretary of State determined the student would have been eligible to be provided had the student not already had use of suitable software, and

(iii)

of which the student no longer has use—

(aa)

following the expiry of the software licence,

(bb)

following an upgrade to or of the computer running the software, or

(cc)

for reasons beyond the student’s control;

(e)

equipment or software that has been replaced under paragraph (6A)(c).

(7)

For the purposes of paragraph (6), “unpaid service” means—

(a)

unpaid service in a hospital or in a public health service laboratory or with F9an integrated care board in the United Kingdom;

(b)

unpaid service with a local authority in the United Kingdom acting in the exercise of its functions relating to the care of children and young persons, health or welfare or with a voluntary organisation providing facilities or carrying out activities of a like nature in the United Kingdom;

(F10ba)

unpaid service with a local authority (within the meaning of section 2B of the National Health Service Act 2006) acting in the exercise of public health functions (within the meaning of that Act);

(c)

unpaid service in the prison or probation and aftercare service in the United Kingdom;

(d)

unpaid research in an institution in the United Kingdom or, in the case of a student attending an overseas institution as part of the student's course, in an overseas institution; F11...

(e)

unpaid service with—

(F12i)

a Special Health Authority established pursuant to section 28 of the National Health Service Act 2006;

(ia)

F13NHS England;

(ib)

the National Institute for Health and Care Excellence;

F14(ic)

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

(ii)

a Local Health Board established pursuant to section 11 of the National Health Service (Wales) Act 2006 M1 or a Special Health Authority established pursuant to section 22 of that Act;

(iii)

a Health Board or a Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978 M2; F15...

F16(iv)

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

(F17v)

the Department of Health in Northern Ireland;

(vi)

the Regional Agency for Public Health and Social Well-being established under section 12 of the Health and Social Care (Reform) Act (Northern Ireland) 2009; or

(vii)

a Health and Social Care trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991; or

(F18f)

unpaid service with either House of Parliament.

(F198)

Where a protected category event which results in a student becoming an eligible 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 a particular grant in accordance with this Part in respect of that academic year.

(8A)

Subject to paragraph (8B), where—

(a)

a course designation event which results in a student’s course becoming a designated 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 student occurs in the course of an academic year,

the student may qualify for a particular grant in accordance with this Part in respect of part of that academic year.

(8B)

A student does not qualify for such a grant in respect of any academic year beginning before the academic year in which the event in question occurs.

F20(9)

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

(10)

Subject to paragraph (11), an eligible student does not qualify for a grant under this Part if the student is a prisoner.

(11)

Paragraph (10) does not apply in respect of disabled students' allowance for a course beginning before 1st September 2012.

Annotations

Textual amendments

F1: Words in reg. 38(2) inserted (1.8.2013) by The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(3), 10
F2: Words in reg. 38(3) substituted (1.3.2021) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 (S.I. 2021/127), regs. 1(1), 7(a)
F3: Words in reg. 38(3) 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(3)
F4: Full stop in reg. 38(4)(a) substituted for semi-colon (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 16(a)(i)
F5: Reg. 38(4)(b)(c) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 16(a)(ii)
F6: Reg. 38(5) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 16(b)
F7: Words in reg. 38(6) substituted (6.3.2025) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2025 (S.I. 2025/162), regs. 1(b), 6(a)
F8: Reg. 38(6A)(6B) inserted (6.3.2025) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2025 (S.I. 2025/162), regs. 1(b), 6(b)
F9: Words in reg. 38(7)(a) substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), reg. 1(2), Sch. para. 1(1)(3) (with Sch. para. 1(2))
F10: Reg. 38(7)(ba) inserted (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 165(b) (with Sch. 3 para. 24)
F11: Word in reg. 38(7)(d) omitted (7.11.2014) by virtue of The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(2), 8(a)
F12: Reg. 38(7)(e)(i)-(ic) substituted for reg. 38(7)(e)(i) (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 165(c) (with Sch. 3 para. 24)
F13: Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1
F14: Reg. 38(7)(e)(ic) omitted (1.2.2023) by virtue of The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 42 (with reg. 3)
F15: Word in reg. 38(7)(e)(iii) omitted (6.3.2025) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2025 (S.I. 2025/162), regs. 1(b), 6(c)(i)
F16: Reg. 38(7)(e)(iv) and word omitted (6.3.2025) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2025 (S.I. 2025/162), regs. 1(b), 6(c)(ii)
F17: Reg. 38(7)(e)(v)-(vii) inserted (6.3.2025) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2025 (S.I. 2025/162), regs. 1(b), 6(c)(iii)
F18: Reg. 38(7)(f) inserted (7.11.2014) by The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(2), 8(c)
F19: Reg. 38(8)-(8B) substituted for reg. 38(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, 17
F20: Reg. 38(9) omitted (1.3.2021) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 (S.I. 2021/127), regs. 1(1), 7(c)

Marginal citations

M1: 2006 c.42.
M2: 1978 c.29 to which there have been amendments not relevant to these regulations.