OpenLegislation

Regulation 23 Residual entitlementI1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Deductions are to be made from the lifetime entitlement for an eligible student in respect of any tuition fee funding for—

(a)

relevant prior study (on which see paragraph (2)) that took place before the coming into force of these Regulations;

(b)

study that takes place after the coming into force of these Regulations and which is funded—

(i)

under the 2011 Student Support Regulations (due to the course having started before 1st January 2027);

(ii)

by an advanced learner loan for a course at a level higher than an Access to Higher Education course and no higher than a first degree course;

(iii)

by a devolved government under the Education (Student Support) (Wales) Regulations 2018, the Student Support (Scotland) Regulations 2022 or the Education (Student Support) (Northern Ireland) Regulations 2009f1,

with the remaining amount available to the student being referred to as their “residual entitlement”.

(2)

For the purposes of paragraph (1)(a), “relevant prior study” is learning from any of the categories in paragraph (3) that was supported by the government of the United Kingdom or by a devolved government (in Wales, Scotland or Northern Ireland) via any of the following means of funding being paid directly to the provider—

(a)

a student loan for tuition fees, other than for courses designated under any of the following—

(i)

the 2016 Master’s Degree Regulations;

(ii)

the 2018 Doctoral Degree Regulations;

(iii)

the Higher Education Short Course Loans Regulations 2022f2;

(iv)

the Education (Postgraduate Master's Degree Loans) (Wales) Regulations 2017f3;

(v)

the Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 2018f4;

(vi)

the Education (Student Support) (Postgraduate Master's Degrees) (Wales) Regulations 2019f5;

(vii)

paragraphs 7A to 7C of Schedule 4 to the Student Support (Scotland) Regulations 2022;

(viii)

paragraphs 8 to 9A of Schedule 2 to the Education (Student Loans) (Scotland) Regulations 2007f6;

(ix)

Part 13 of the Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009f7;

(b)

a student grant for tuition fees;

(c)

Student Awards Agency Scotland tuition fee funding for study at a Scottish provider, (meaning non-repayable tuition fee payments to a Scottish provider by the Scottish Government on behalf of a student);

(d)

block grant funding;

(e)

funding in respect of modules of approved HTQ courses that were eligible for funding via the modular acceleration programme.

(3)

The categories are—

(a)

higher education courses that were designated for the purposes of tuition fee support, or that were provided by institutions that received public funding in respect of tuition fees—

(i)

which started before 1st September 1998 and where there were no tuition fees charged to the student (“category 1A”);

(ii)

which started on or after 1st September 1998 and before 1st September 2012, where there were no privately funded contributions from the student, including where any of the circumstances in paragraph (4) apply (“category 1B”);

(iii)

which started on or after 1st September 1998 and before 1st September 2012, where there were privately funded contributions from the student, including where any of the circumstances in paragraph (4) apply (“category 1C”);

(b)

higher education courses designated for the purposes of tuition fee support, where the course began on or after 1st September 2012 and sub-paragraph (c) does not apply (“category 2”);

(c)

higher education courses funded by the Student Awards Agency Scotland, excluding study at level 7 or above that comes within paragraph (2)(a)(vii) or (viii), where the course began on or after 1st September 2012 and was undertaken at a provider in Scotland (“category 3”);

(d)

study funded at level 4, 5 or 6 by an advanced learner loan (“category 4”);

(e)

funding in respect of modules of a course for an approved HTQ that was funded by the modular acceleration programme (“category 5”).

(4)

The circumstances referred to in paragraph (3)(a)(ii) and (iii) are—

(a)

the student began a full-time course that began on or after 1st September 2012, having transferred their status as an eligible student from a full-time course that began before 1st September 2012;

(b)

the student began a part-time course that began on or after 1st September 2012, having transferred their status as an eligible student from a part-time course that began before 1st September 2012

(c)

the student returned to study a new course on or after 1st September 2012, after agreeing a period of suspension with the provider from a course that began before 1st September 2012;

(d)

the student started an end-on course.

(5)

Deductions in respect of categories 1A, 1B and 3 are—

(a)

£9,790 per year of full-time study;

(b)

£4,895 per year of part-time study, or per year of study comprising both full-time and part-time study;

(c)

£1,955 per year of work placement;

(d)

£1,465 per year of study abroad;

(e)

£1,465 per Erasmus year or Turing mobility year.

(6)

Deductions in respect of category 1C are—

(a)

£6,325 per year of full-time study;

(b)

£3,162.50 per year of part-time study, or per year of study comprising both full-time and part-time study;

(c)

£1,265 per year of work placement;

(d)

£948.75 per year of study abroad;

(e)

£948.75 per Erasmus year.

(7)

Deductions in respect of category 2 are to equate to the exact amount of fee loan or grant that was paid for the student’s study, multiplied by £9,790 and then divided by the deduction amount as set out in the following table (with any fractions of a penny to be disregarded)—

Year of studyDeduction amount
2012 - 2024£9,250
2025 / 2026£9,535
2026 / 2027£9,790
(8)

Deductions in respect of category 4 are to equate to the exact amount of advanced learner loans taken, excluding any amount that was cancelled in accordance with regulation 25 of the Further Education Loans Regulations 2012.

(9)

A deduction in respect of category 5 is to equate to £2,447.50 where any study on the modular acceleration programme has been undertaken (irrespective of the quantity of such study).

(10)

In relation to categories 1A, 1B, 1C and 2 to 4, there is to be no deduction in respect of any period of study that the Secretary of State considers was impacted by compelling personal reasons.

(11)

In paragraph (7), “year of study” means—

(a)

for courses that started on or after 1 September 2012 and before 1st August 2024, the year starting on or after 1st September and ending before 1st August;

(b)

for years thereafter, the year starting on or after 1st August and ending before 31st July.

(12)

For the purposes of this regulation—

  • “block grant funding” means public funding provided to a higher education provider in respect of higher education courses with designation for support described in paragraph (3)(a), as a lump sum or general allocation for the purpose of supporting the provider’s institutional activities (including teaching and research), where such funding is not allocated by reference to individual students, including funding provided by—

    1. (a)

      local authorities,

    2. (b)

      the Higher Education Funding Council for England or any devolved administration, or

    3. (c)

      any other public body exercising equivalent higher education funding functions;

  • “end-on course” means—

    1. (a)

      a full-time honours degree course beginning on or after 1st September 2012 which, disregarding any intervening vacations, a student begins to attend immediately after ceasing to attend a full-time course mentioned in paragraph 2, 3 or 4 of Schedule 4 or a full-time foundation or ordinary degree course, which started before 1st September 2012, having achieved a qualification;

    2. (b)

      a full-time distance learning honours degree course beginning on or after 1st September 2012 which, disregarding any intervening vacations, a student begins immediately after ceasing to undertake a distance learning foundation or ordinary degree course, which started before 1st September 2012, having achieved a qualification;

  • “Erasmus year” means an academic year of a course where a student participated in the action scheme of the European Union for the mobility of university students known as ERASMUS, where the student’s course is designated under the 2011 Student Support Regulations, or was designated for the purposes of funding for tuition fees under other Regulations, or was provided by an institution that received public funding in respect of tuition fees, and—

    1. (a)

      where the course is provided by an institution in Northern Ireland, all the periods of study or work placement during the academic year are attended at an institution or workplace outside the United Kingdom, or

    2. (b)

      where the course is provided by an institution in England, Scotland or Wales—

      1. (i)

        at least one period of study or work placement is attended at an institution or workplace outside the United Kingdom, and

      2. (ii)

        either—

        1. (aa)

          in respect of that academic year, the aggregate of any one or more periods of full-time study at the institution in the United Kingdom is less than 10 weeks, or

        2. (bb)

          in respect of that academic year and any previous academic years of the course, the aggregate of any one or more periods of attendance which are not periods of full-time study at the institution in the United Kingdom (disregarding any intervening vacations) exceeds 30 weeks;

  • “healthcare bursary” as defined in Schedule 1 is to be read as additionally covering a bursary or award of similar description under section 63 of the Health Services and Public Health Act 1968f8 made in respect of a course beginning before 1st August 2017 that was provided by an institution in England;

  • “modular acceleration programme” refers to a programme to support delivery of individual modules of a course for an approved HTQ, where the learning took place between 1st February 2024 and 31st December 2025 inclusive;

  • “student grant for tuition fees” does not include the following—

    1. (a)

      a healthcare bursary (as referred to in paragraph (a) of the definition of “bursary year” in Schedule 1 and modified by this paragraph);

    2. (b)

      a Scottish healthcare allowance;

    3. (c)

      a healthcare tuition payment (as referred to in paragraph (b) of the definition of “bursary year” in Schedule 1);

    4. (d)

      a bursary to study social work;

    5. (e)

      tuition fees funded by apprenticeship levy (by virtue of regulations made under Part 6 of the Finance Act 2016f9);

    6. (f)

      grants funded under the Education (Student Support) (Postgraduate Master’s Degree) (Wales) Regulation 2019f10;

    7. (g)

      a bursary under the NHS Bursary Scheme (on which see paragraph (c) of the definition of “bursary year” in Schedule 1);

  • “tuition fee support” means funding from the government (including local authorities) in relation to tuition fees, provided in the form of a loan or a grant;

  • “Turing mobility year” means an academic year of a course where the student’s course was designated under the 2011 Student Support Regulations, or was designated for the purposes of tuition fee support under other Regulations, or was provided by an institution that received public funding in respect of tuition fees, and—

    1. (a)

      in relation to a course provided by an institution in England, Wales or Scotland, is where—

      1. (i)

        at least one period of study or work placement during the academic year is attended at an institution or workplace outside the United Kingdom as part of the Turing Scheme, or in relation to a course provided by an institution in Wales, as part of the scheme established by the Welsh Ministers known as the International Learning Exchange Programme, and

      2. (ii)

        either—

        1. (aa)

          the aggregate of any one or more periods of full-time study at the institution in the United Kingdom is less than 10 weeks, or

        2. (bb)

          the aggregate of any periods of attendance in relation to the academic year and any previous academic years of the course which were not periods of full-time study at the institution in the United Kingdom (disregarding any intervening vacations) exceeds 30 weeks;

    2. (b)

      in relation to a course provided by an institution in Northern Ireland, is where all the periods of study or work placement during the academic year are attended at an institution or workplace outside the United Kingdom as part of the Turing Scheme;

  • “year of work placement” means—

    1. (a)

      an academic year of a sandwich course during which any periods of full-time study are in aggregate less than 10 weeks, or

    2. (b)

      in respect of the academic year referred to in paragraph (a) and any previous academic years of the course, the aggregate of any one or more periods of attendance which are not periods of full-time study at the institution (disregarding any intervening vacations) exceeds 30 weeks.

(13)

In this regulation—

(a)

a course is a “sandwich course” if—

(i)

it is not a course for the initial training of teachers or an academic year of a designated course that is an Erasmus year,

(ii)

it consists of alternate periods of full-time study in an institution and periods of work experience, and

(iii)

taking the course as a whole, the student attends or undertakes the periods of full-time study for an average of not less than 18 weeks in each year;

(b)

in calculating the student's periods of full-time study for the purposes of sub-paragraph (a), the course is to be treated as beginning with the first period of full-time study and ending with the last such period;

(c)

for the purposes of sub-paragraph (a), where periods of full-time study and work experience alternate within any week of the course, the days of full-time study are aggregated with each other and with any weeks of full-time study in determining the number of weeks of full-time study in each year.

Annotations

Commencement

I1

Reg. 23 in force at 1.9.2026, see reg. 1(1)(b)

Footnotes

f1

S.R. 2009 No. 37.

f2

S.I. 2022/349.

f3

S.I. 2017/523 (W. 109).

f4

S.I. 2018/656 (W. 124).

f5

S.I. 2019/895 (W. 161).

f6

S.S.I. 2007/154.

f7

S.R. 2009 No. 373.

f8

1968 c. 46.

f9

2016 c. 24.

f10

S.I. 2024/501 (W. 79).