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The Education (Student Support) (No.2) Regulations 2008

S.I. 2008/1582 · Made 17 June 2008

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Education, England And Wales

Education, Northern Ireland

Made 17th June 2008

Laid before Parliament 26th June 2008

Coming into force in accordance with regulation 1

The Secretary of State for Innovation, Universities and Skills makes the following Regulations in exercise of the powers conferred by sections 22 and 42(6) of the Teaching and Higher Education Act 1998f1:

Annotations to the whole text

Footnotes

f1

1998 c. 30; section 22 was amended by the Learning and Skills Act 2000 (c. 21), section 146 and Schedule 11, the Income Tax (Earnings and Pensions) Act 2003 (c. 1), Schedule 6, the Finance Act 2003 (c. 14), section 147 and the Higher Education Act 2004 (c. 8), sections 42 and 43 and Schedule 7. See section 43(1) of the 1998 Act for the definition of “prescribed” and “regulations”.

Contents

  1. Part 1: GENERAL
  2. 1Citation, commencement, application and extent
  3. 2Interpretation
  4. 3Amendment of the Education (Student Support) Regulations 2008
  5. 4Revocation, savings and transitional provisions
  6. Part 2: ELIGIBILITY
  7. 5Eligible students
  8. 6Designated courses
  9. 7Period of eligibility
  10. 8Transfer of status
  11. Part 3: APPLYING FOR SUPPORT, PROVISION OF INFORMATION AND LOAN CONTRACTS
  12. 9Applications for support
  13. 10Time limits
  14. 11Information
  15. 12Requirement to enter into a contract for a loan
  16. Part 4: FEE SUPPORT
  17. Chapter 1: GENERAL
  18. 13Previous course
  19. 14Miscellaneous
  20. Chapter 2: TYPES OF FEE SUPPORT AVAILABLE
  21. 15Current system students
  22. 16Old system students
  23. 17Students becoming eligible in the course of an academic year
  24. 18Events
  25. 19Students to be treated as in attendance on a course
  26. Chapter 3: FEE LOANS FOR CURRENT SYSTEM STUDENTS
  27. 20Availability of fee loans to current system students - general
  28. 21Standard entitlement of current system students who have not studied on a previous course
  29. 22Standard entitlement of current system students who have transferred from or otherwise studied on a previous course
  30. 23Standard entitlement of current system students on end-on courses and certain degree courses
  31. 24Amount of the fee loan
  32. Chapter 4: GRANTS FOR FEES FOR OLD SYSTEM STUDENTS
  33. 25Old system students who are continuing students
  34. 26Old system students who are transferring students
  35. 27Old system students who are on end-on courses
  36. 28Old system students who are gap year students who have not studied on a previous course
  37. 29Old system students who are gap year students who have studied on a previous course
  38. 30Availability of the grant for fees to old system students for years of repeat study
  39. 31Amount of the grant for fees for a course at a publicly funded institution
  40. 32Amount of the grant for fees for a course that is provided at a private institution on behalf of a publicly funded institution
  41. 33Amount of the grant for fees for a course at a private institution
  42. Chapter 5: FEE CONTRIBUTION LOANS FOR OLD SYSTEM STUDENTS
  43. 34Availability of fee contribution loans to old system students
  44. 35Amount of the fee contribution loan
  45. Part 5: GRANTS FOR LIVING AND OTHER COSTS
  46. Chapter 1: TYPES OF GRANTS AVAILABLE
  47. 36Current system students
  48. 37Old system students
  49. Chapter 2: GENERAL PROVISIONS
  50. 38General qualifying conditions for grants for living and other costs
  51. 39Students who are treated as in attendance
  52. Chapter 3: DISABLED STUDENTS’ ALLOWANCES
  53. 40Qualifying conditions for the disabled students’ allowance
  54. 41Amount of the disabled students’ allowance
  55. Chapter 4: GRANTS FOR DEPENDANTS
  56. 42Interpretation of Chapter 4
  57. 43General
  58. 44Adult dependants’ grant
  59. 45Childcare grant
  60. 46Parents’ learning allowance
  61. 47Calculations
  62. Chapter 5: GRANTS FOR TRAVEL
  63. 48Interpretation
  64. 49General
  65. 50Qualifying conditions for the grant for travel – courses in medicine and dentistry
  66. 51Amount of the grant for travel – courses in medicine and dentistry
  67. 52Qualifying conditions for the grant for travel – overseas study
  68. 53Amount of the grant for travel – overseas study
  69. 54Amount of the grant for travel – overseas study
  70. 55Deductions from the grant for travel
  71. Chapter 6: MAINTENANCE GRANTS FOR CURRENT SYSTEM STUDENTS
  72. 56Qualifying conditions for the maintenance grant
  73. 57Amount of the maintenance grant – 2008 cohort students
  74. 58Amount of the maintenance grant – current system students who are not 2008 cohort students
  75. Chapter 7: SPECIAL SUPPORT GRANTS FOR CURRENT SYSTEM STUDENTS
  76. 59Qualifying conditions for the special support grant
  77. 60Amount of the special support grant – 2008 cohort students
  78. 61Amount of the special support grant – current system students who are not 2008 cohort students
  79. Chapter 8: HIGHER EDUCATION GRANTS FOR OLD SYSTEM STUDENTS
  80. 62Qualifying conditions for the higher education grant
  81. 63Amount of the higher education grant
  82. Part 6: LOANS FOR LIVING COSTS
  83. Chapter 1: QUALIFYING CONDITIONS
  84. 64Interpretation of Part 6
  85. 65Qualifying conditions for the loan for living costs – current system students
  86. 66Qualifying conditions for the loan for living costs – old system students
  87. Chapter 2: MAXIMUM AMOUNTS OF LOANS
  88. 67General
  89. 682008 cohort students with full entitlement
  90. 69Current system students with full entitlement who are not 2008 cohort students
  91. 70Type 1 and type 2 teacher training students who are not 2008 cohort students
  92. 71Old system students with full entitlement
  93. 72Students with reduced entitlement
  94. Chapter 3: LONG COURSES LOAN
  95. 73Long courses loan
  96. Chapter 4: MISCELLANEOUS
  97. 74Quarters in respect of which the loan for living costs is payable
  98. 75Students falling into more than one category
  99. 76Students residing with parents
  100. 77Students becoming eligible in the course of an academic year
  101. 78Students who are treated as in attendance on a course
  102. 79Increases in maximum amount
  103. 80Deductions from loans for living costs
  104. 81Applying for an additional amount of loan for living costs or long courses loan
  105. 82Categories of student
  106. Part 7: COLLEGE FEE LOANS
  107. 83General
  108. 84Qualifying conditions
  109. 85Persons to be treated as eligible students
  110. 86Disabled students
  111. 87Students becoming eligible during the course of an academic year
  112. 88Availability of college fee loans
  113. 89Availability of college fee loans
  114. 90Availability of college fee loans
  115. 91Amount of college fee loan
  116. 92Transfers
  117. Part 8: INTEREST AND INSOLVENCY
  118. 93Interest
  119. 94Insolvency
  120. Part 9: FINANCIAL ASSESSMENT
  121. 95Calculation of contribution
  122. 96Application of contribution – 2008 cohort students
  123. 97Application of contribution – current system students who are not 2008 cohort students
  124. 98Application of contribution – old system students
  125. 99Order of application – 2008 cohort students
  126. 100Order of application – other eligible students
  127. 101Minimum level of loan for living costs
  128. 102Amount of loan for living costs payable to certain type 1 and type 2 teacher training students
  129. Part 10: PAYMENTS
  130. Chapter 1: INTERPRETATION OF PART 10
  131. 103Interpretation
  132. Chapter 2: PAYMENT OF GRANTS FOR FEES
  133. 104Payment of grants for fees
  134. Chapter 3: PAYMENT OF GRANTS FOR LIVING AND OTHER COSTS
  135. 105Payment of grants for living and other costs
  136. Chapter 4: PAYMENT OF LOANS
  137. 106General
  138. 107Provision of United Kingdom national insurance number
  139. 108Information requirements
  140. 109Payment of fee loans and fee contribution loans
  141. 110Payment of college fee loans
  142. 111Payment of loans for living costs and long courses loans
  143. Chapter 5: OVERPAYMENTS
  144. 112Overpayments of fee support
  145. 113Overpayments of college fee loan
  146. 114Overpayments of support payable under Part 5 or Part 6
  147. Part 11: SUPPORT FOR FULL-TIME DISTANCE LEARNING COURSES
  148. 115Eligible distance learning students
  149. 116Students becoming eligible during the course of the academic year
  150. 117Designated distance learning courses
  151. 118Period of eligibility
  152. 119Support for distance learning courses
  153. 120Amount of support
  154. 121Interpretation of regulation 120
  155. 122Disabled distance learning students’ allowance
  156. 123Applications for support
  157. 124Declarations provided by academic authorities
  158. 125Information
  159. 126Transfer of status
  160. 127Conversion of status – eligible students transferring to designated distance learning courses
  161. 128Conversion of status – eligible distance learning students transferring to designated courses
  162. 129Payment of grants for fees
  163. 130Payment of grants for books, travel and other expenditure and disabled distance learning students’ allowance
  164. 131Overpayments
  165. Part 12: SUPPORT FOR PART-TIME COURSES
  166. 132Eligible part-time students
  167. 133Students becoming eligible during the course of the academic year
  168. 134Designated part-time courses
  169. 135Period of eligibility
  170. 136Assistance for part-time courses
  171. 137Amount of assistance
  172. 138Interpretation of regulation 137
  173. 139Assistance with fees in respect of attendance on a course in Wales, Northern Ireland or Scotland
  174. 140Disabled part-time students’ allowance
  175. 141Applications for support
  176. 142Declarations provided by academic authorities
  177. 143Information
  178. 144Transfer of status
  179. 145Conversion of status
  180. 146Payment of grants for books, travel and other expenditure and disabled part-time students’ allowances
  181. 147Payment of grants for fees
  182. 148Overpayments
  183. Part 13: SUPPORT FOR POSTGRADUATE STUDENTS WITH DISABILITIES
  184. 149Eligible postgraduate students
  185. 150Students becoming eligible in the course of an academic year
  186. 151Designated postgraduate courses
  187. 152Period of eligibility
  188. 153Transfer of status
  189. 154Applications for support
  190. 155Information
  191. 156Amount of grant
  192. 157Payment of grant
  193. 158Overpayments
  194. Signature
  195. Schedule 1: ELIGIBLE STUDENTS
  196. Part 1: Interpretation
  197. 1Paragraph 1
  198. Part 2: Categories
  199. 2Persons who are settled in the United Kingdom
  200. 3Persons who are settled in the United Kingdom
  201. 4Refugees and their family members
  202. 5Persons with leave to enter or remain and their family members
  203. 6Workers, employed persons, self-employed persons and their family members
  204. 7Workers, employed persons, self-employed persons and their family members
  205. 8Persons who are settled in the United Kingdom and have exercised a right of residence elsewhere
  206. 9EC nationals
  207. 10EC nationals
  208. 11Children of Swiss nationals
  209. 12Children of Turkish workers
  210. Schedule 2: DESIGNATED COURSES
  211. 1Paragraph 1
  212. 2Paragraph 2
  213. 3Paragraph 3
  214. 4Paragraph 4
  215. 5Paragraph 5
  216. 6Paragraph 6
  217. 7Paragraph 7
  218. 8Paragraph 8
  219. Schedule 3: INFORMATION
  220. 1Paragraph 1
  221. 2Paragraph 2
  222. 3Paragraph 3
  223. Schedule 4: FINANCIAL ASSESSMENT
  224. 1Definitions
  225. 2Independent eligible student
  226. 3Household income
  227. 4Calculation of eligible student’s residual income
  228. 5Calculation of parent’s residual income
  229. 6Calculation of eligible student’s partner’s residual income
  230. 7Calculation of parent’s partner’s residual income
  231. 8Calculation of contribution – old system students
  232. 9Calculation of contribution – current system students
  233. 10Split contributions
  234. Schedule 5: AMENDMENT OF THE EDUCATION (STUDENT SUPPORT) REGULATIONS 2008
  235. 1Amendment of regulation 2 of the 2008 Regulations
  236. 2Amendment of regulation 4(10) of the 2008 Regulations
  237. 3Amendment of regulation 4(10) of the 2008 Regulations
  238. 4Amendment of regulation 104 of the 2008 Regulations
  239. 5Amendment of regulation 110 of the 2008 Regulations
  240. 6Amendment of regulation 120(2)(a) of the 2008 Regulations
  241. 7Amendment to regulation 132(9) of the 2008 Regulations
  242. 8Amendment to regulation 132(9) of the 2008 Regulations
  243. 9Amendment of Part 2 of Schedule 1 of the 2008 Regulations
  244. Explanatory note