# The Lifelong Learning (Student Support) (Amendment of Fees and Awards etc.) Regulations 2026, Regulation 61: Qualifying conditions for the disabled students’ allowance

Extent: E+W

(1) Subject to the following paragraphs, a student qualifies for the disabled students’ allowance if they are an eligible student and have a disability.
(2) For the purposes of regulation 58(1)(b)—
(a) the threshold number of credits in relation to the disabled students’ allowance is 30 credits of study for the course year, and
(b) an ALL-transfer course with a credit value of fewer than 30 credits is treated as meeting the threshold number of credits.
(3) A student does not qualify for the disabled students’ allowance in respect of a distance learning course unless the Secretary of State considers that the student is undertaking the designated course in England on the first day of the first course year.
(4) For the purposes of paragraph (3), a person (“A”) is 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.
(5) A student who would otherwise qualify for the disabled students’ allowance in respect of a distance learning course does not qualify for that grant in respect of that course if the Secretary of State considers that the student is undertaking the course outside the United Kingdom.
(6) Paragraphs (3) and (5) do not apply to a person who is treated as being ordinarily resident in the United Kingdom by virtue of paragraph 1(3)(c) of Schedule 2 on the basis of temporary employment falling within paragraph 1(4)(a) of that Schedule.
(7) Regulation 58(4) does not exclude an eligible student from qualifying for the disabled students’ allowance where the grant relates to providing the student with technical support for, repairs to, or replacement of relevant equipment or software.
(8) For the purposes of paragraph (7), “relevant equipment or software” means—
(a) equipment or software that was funded, in whole or in part, by the disabled students’ allowance under this Part, or by disabled students’ allowance paid under the 2011 Student Support Regulations, and provided to the student—
(i) in an earlier course year of the current course, or
(ii) in an earlier course year 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 students’ 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 following the expiry of the software licence or an upgrade to or of the computer running the software, or for reasons beyond the student’s control;
(e) equipment or software that has been replaced under paragraph (7).

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Source: https://www.legislation.gov.uk/uksi/2026/858/regulation/61 (the official version)
Page: https://openlegislation.uk/lifelong-learning-student-support-amendment-of-fees-and-awards-etc-regulations-2026/regulation-61
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.