Regulation 88 Payment of loans for living costsI1

The Secretary of State may pay a loan for living costs under Part 5 in instalments.

Subject to paragraph (4), the Secretary of State may pay a loan for living costs under Part 5 at such times as the Secretary of State considers appropriate.

An academic authority is required to send an attendance confirmation to the Secretary of State.

The Secretary of State must not pay the first instalment, or where it has been determined not to pay a loan for living costs under Part 5 by instalments, make any payment of a loan for living costs under Part 5 to the eligible student before the Secretary of State has received an attendance confirmation from the relevant academic authority unless an exception applies.

An exception applies if the Secretary of State has determined that, owing to exceptional circumstances, it would be appropriate to make a payment without receiving an attendance confirmation.

Where a final assessment cannot be made on the basis of the information provided by the student, the Secretary of State may make a provisional assessment and payment of a loan for living costs under Part 5.

Payments of a loan for living costs under Part 5 are to be made in such a manner as the Secretary of State considers appropriate and the Secretary of State may make it a condition of entitlement to payment that the eligible student must provide the Secretary of State with particulars of a bank or building society account in the United Kingdom into which payments may be made by electronic transfer.

Where the Secretary of State has made a payment of a loan for living costs under Part 5 and a student who qualifies for a loan for living costs under Part 5 applies for an additional amount in respect of a course year, the Secretary of State may pay that additional amount of loan in such instalments and at such times as the Secretary of State considers appropriate, as soon as is reasonably practicable after a satisfactory application has been received.

No loan for living costs is due in respect of any day of a course year on which the eligible student is a prisoner, unless in the opinion of the Secretary of State it would be appropriate in all the circumstances for a loan for living costs to be paid in respect of that day.

In deciding whether it would be appropriate for a loan for living costs to be due, the circumstances to which the Secretary of State must have regard include the financial hardship which not paying the loan for living costs would cause and whether not paying the loan for living costs would affect the student's ability to continue the course.

No loan for living costs in respect of the current course is due in respect of any payment period beginning after an eligible student's period of eligibility terminates.

No loan for living costs is due in respect of a payment period during part of which an eligible student is absent from the course, unless in the opinion of the Secretary of State it would be appropriate in all the circumstances for support to be paid in respect of the period of absence.

In deciding whether it would be appropriate for a loan for living costs to be due, the circumstances to which the Secretary of State must have regard include the reasons for the student's absence, the length of the absence and the financial hardship which not paying the support would cause.

An eligible student is not to be considered absent from the student's course if the student is unable to attend due to illness and the student's absence has not exceeded 60 consecutive days.

Where, after the Secretary of State has made a payment of a loan for living costs under Part 5 for which a student qualifies in respect of a course year, the Secretary of State makes a determination that the amount of a loan for living costs for which the student qualifies is less than the amount previously determined either by way of a revision of a provisional assessment or otherwise—