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The Education (Student Support) Regulations 2011

Type Statutory-Instrument

Publication 2011-08-09

Last updated 2026-03-09

State In force

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PART 4 — FEE LOANS

CHAPTER 1 — GENERAL

Previous course

12

(1) Subject to the exceptions in paragraphs (4) to (7), a “previous course” is—

(a) where the current course began before 1st September 2009, any full-time higher education course, a course for the initial training of teachers or a course designated under regulation 5(10), which the student attended or, in the case of an intensive course or a full-time distance learning course, undertook before the current course and which meets any of the conditions in paragraph (2);

(b) where the current course begins on or after 1st September 2009—

(i) a lower level qualification achieved following a full-time or part-time higher education course, a course for the initial training of teachers or a course designated under regulation 5(10), which the student attended or, in the case of an intensive course or a ... distance learning course, undertook before the current course;

(ii) a full-time higher education course, a course for the initial training of teachers or a course designated under regulation 5(10), which the student attended, or in the case of an intensive course or a full-time distance learning course, undertook before the current course where the student studied but did not achieve a qualification and which meets any of the conditions in paragraph (3); or

(iii) a full-time higher education course, a course for the initial training of teachers or a course designated under regulation 5(10), which the student attended or, in the case of an intensive course or a full-time distance learning course, undertook before the current course where—

(aa) the course meets any of the conditions in paragraph (2); and

(bb) the student’s status as an eligible student has been transferred or converted under these Regulations to the current course from a course which began before 1st September 2009.

(2) The conditions are—

(a) the course was provided by an institution which was a registered provider in England or by a publicly funded institution in the United Kingdom for some or all of the academic years during which the student attended or undertook the course;

(aa) the course was provided by an accredited institution which was an unregistered provider for some or all of the academic years during which the student attended or undertook the course; or

(b) any scholarship, exhibition, bursary, grant, allowance or statutory award which was paid in respect of the student's attending or, in the case of an intensive course or a ... distance learning course, undertaking the course to defray fees was from public funds or funds attributable to public funds.

(3) The conditions are—

(a) the course was provided at a registered provider or a publicly funded institution whether or not in the United Kingdom or a regulated institution for some or all of the academic years during which the student attended or undertook the course; ...

(aa) the course was provided by an accredited institution which was an unregistered provider for some or all of the academic years during which the student attended or undertook the course; or

(b) any scholarship, exhibition, bursary, grant, allowance or statutory award which was paid in respect of the student's attending or, in the case of an intensive course or a full-time distance learning course, undertaking the course to defray fees was from public funds or funds attributable to public funds.

(4) A course which would otherwise be a previous course will not be treated as such if—

(a) the current course is a course for the initial training of teachers;

(b) the duration of the current course does not exceed two years ... ; and

(4ZA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4A) A course which would otherwise be a previous course is not ... to be treated as such if the current course—

(a) is a pre-registration course in an allied health profession subject, midwifery, nursing, nursing and social work, or operating department practice;

(b) leads to—

(i) an ordinary degree or an honours degree;

(ii) in respect of a course in a dental profession subject, an ordinary degree, an honours degree, a diploma or a foundation degree; or

(iii) in respect of a course in operating department practice, an ordinary degree, an honours degree or a diploma;

(c) begins on or after 1st August 2017 .... or, in the case of a course in a dental profession subject, begins on or after 1st August 2018

(4B) A course which would otherwise be a previous course is not to be treated as such if the current course is a postgraduate pre-registration course which begins on or after 1st August 2018.

(5) A course which would otherwise be a previous course will not be treated as such if the current course is a graduate entry accelerated programme.

(6) A course for the Certificate in Education which would otherwise be a previous course will not be treated as such if—

(a) the current course is a course for the degree (including an honours degree) of Bachelor of Education; and

(b) the student transferred to the current course from the course for the Certificate in Education before the completion of that course or began the current course on completion of the course for the Certificate in Education.

(7) A course for the degree (other than an honours degree) of Bachelor of Education will not be treated as a previous course if—

(a) the current course is a course for the honours degree of Bachelor of Education; and

(b) the student transferred to the current course from the course for the degree (other than an honours degree) of Bachelor of Education before the completion of that course or began the current course on completion of the course for the degree (other than an honours degree) of Bachelor of Education.

(8) Subject to paragraphs (9), (10) and (11), for the purpose of determining PC in the formula in regulation 21 —

(a) each academic year that the student completed on a previous course is counted; and

(b) an academic year of a previous course that the student began or ceased to attend part of the way through the year is counted as one academic year on a previous course.

(9) For the purpose of determining PC in the formula in regulation 21 where the student began the current course before 1st September 2009, an academic year of a previous course is not to be counted as a year spent on a previous course if—

(a) the student did not qualify for a fee loan for that year other than because the academic year was a bursary year or an Erasmus year; and

(b) the student qualified for a fee loan for some but not all of the other academic years of that previous course.

(10) For the purpose of determining PC in the formula in regulation 21, an academic year of a previous course is not to be counted as a year spent on a previous course if it was a year of repeat study that the student was taking for compelling personal reasons or a year in relation to which the student qualified for a fee loan because the student had failed to complete a previous course for compelling personal reasons.

(11) For the purpose of determining PC in the formula in regulation 21, where a student (“A”) transfers from an academic year of one designated course to an academic year of another designated course before the Secretary of State considers that A has completed the year from which A is transferring, the time spent by A during the academic year in which the transfer takes place on the course from which A is transferring is not counted as a year spent on a previous course.

(12) A student (“A”) who undertook a previous course but was not in attendance because A was unable to attend for a reason which related to A's disability is only ... to be treated as having been in attendance on the previous course in respect of periods of study beginning on or after 1st September 2006.

Miscellaneous

13

(1) Subject to paragraphs (2) to (4), an eligible student does not qualify for a fee loan under this Part if—

(a) the student has an honours degree from an institution in the United Kingdom, where—

(i) the current course began before 1st September 2009; or

(ii) the current course begins on or after 1st September 2009 where the student transfers to the current course pursuant to regulation 7 from a course which began before 1st September 2009; or

(b) the current course leads to an equivalent or lower qualification, where the student begins the course on or after 1st September 2009.

(1A) An eligible student does not qualify for a fee loan under this Part if—

(a) the current course is a course falling within regulation 2(1ZA)(e),(f),(g),(h) or (i); and

(b) the student has completed a previous course falling within regulation 2(1ZA)(e), (f), (g), (h) or (i) and achieved the intended qualification.

(2) Paragraph (1) does not apply where—

(a) the current course is a course for the initial training of teachers;

(b) the duration of the current course does not exceed two years ... ; and

(2ZA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2A) Paragraph (1) does not apply where the current course—

(a) is a pre-registration course in an allied health profession subject, midwifery, nursing, nursing and social work or operating department practice;

(b) leads to—

(i) an ordinary degree or an honours degree;

(ii) in respect of a course in a dental profession subject, an ordinary degree, an honours degree, a diploma or a foundation degree; or

(iii) in respect of a course in operating department practice, an ordinary degree, an honours degree or a diploma;

(c) begins on or after 1st August 2017 .... or, in the case of a course in a dental profession subject, begins on or after 1st August 2018

(2B) Paragraph (1) does not apply where the current course is a postgraduate pre-registration course which begins on or after 1st August 2018.

(3) Paragraph (1) does not apply where the current course is a graduate entry accelerated programme.

(3A) Paragraph (1) does not apply to a current system student where the Secretary of State determines that the following conditions are satisfied—

(a) the student has provided all information required by the Secretary of State in relation to qualifications held by the student;

(b) that information is accurate; and

(c) the Secretary of State has provided written notification that the student qualifies for a fee loan under Chapter 3 of this Part in respect of —

(i) the first academic year of the current course, where the determination by the Secretary of State is made before the first day of the first academic year of the current course;

(ii) the academic year of the current course during which the determination by the Secretary of State is made; or

(iii) an academic year of the current course in respect of which the determination of the Secretary of State is made, which the student has completed before the making of that determination.

(4) Where the current course is considered to be a single course because of regulation 5(8) and (9) and it leads to a honours degree from an institution in the United Kingdom being conferred on the eligible student before the final degree or equivalent qualification, the eligible student is not prevented from qualifying for a fee loan under this Part in respect of any part of the single course by virtue of having that honours degree.

(5) Where an institution allows an eligible student to study the content of one standard academic year of the designated course over two or more academic years, for the purpose of determining whether the student qualifies for a fee loan for those years, the last of such years of study is to be treated as a standard academic year and the preceding years of that kind are to be treated as years of repeat study other than for compelling personal reasons.

(6) Where the eligible student is undertaking a designated course which is a distance learning course, the student does not qualify for support in respect of that course unless the Secretary of State considers that the student is undertaking the course in England on the first day of the first academic year.

(6A) For the purposes of paragraph (6), a person (“A”) is to be 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,

(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.

(7) A student qualifying for support in respect of a distance learning course will no longer qualify for support in respect of that course if the Secretary of State considers that the student is undertaking the course outside the United Kingdom.

(8) Paragraphs (6) and (7) do not apply to a person who is treated as being ordinarily resident in the United Kingdom by virtue of paragraph 1(4) of Schedule 1 on the basis of temporary employment falling within paragraph 1(5)(a) of that Schedule.

CHAPTER 2 — Availability of fee loans

Current system students

14

A current system student (“A”) qualifies for a fee loan in respect of the fees payable by A in connection with A's attendance on or undertaking of a designated course in accordance with Chapter 3 of this Part.

Old system students

15

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

Students becoming eligible in the course of an academic year

16

(1) 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;

(b) a protected category event which results in a student becoming an eligible student occurs—

(i) in the course of the first academic year of a course; and

(ii) on or before the course start date; or

(c) an in-year qualifying event which results in a student becoming an eligible student occurs within the first three months of an academic year,

the student may qualify for a fee loan in accordance with this Part in respect of that academic year.

(2) But a fee loan is not available in respect of any academic year beginning before the academic year in which the event in question occurs.

Events

17

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

Students to be treated as in attendance on a course

18

(1) A student to whom this regulation applies is treated as if the student were in attendance on the designated course for the purpose of qualifying for a fee loan.

(2) This regulation applies to—

(a) a compressed degree student; or

(b) a disabled student who—

(i) is not a compressed degree student; and

(ii) is undertaking a designated course ... in the United Kingdom but is not in attendance because the student is unable to attend for a reason which relates to the student's disability.

CHAPTER 3 — FEE LOANS FOR CURRENT SYSTEM STUDENTS

Availability of fee loans to current system students - general

19

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Subject to paragraph (3), a current system student does not qualify for a fee loan in respect of an academic year of a designated course that is —

(a) a bursary year;

(b) an Erasmus year of a course provided by an institution in Northern Ireland ...; or

(c) an Erasmus year of a course provided by an institution in England , Wales or Scotland where the course began before 1st September 2012.

(3) Paragraph (2) does not apply where the current course is the graduate entry accelerated programme.

(3A) A current system student qualifies for a fee loan in respect of an academic year of the current course in accordance with paragraphs (3B) to (3E) where the Secretary of State determines that the conditions in regulation 13(3A) are satisfied.

(3B) If the Secretary of State makes the determination before the first day of the first academic year of the current course then the current system student qualifies for a fee loan in respect of the first academic year of the current course.

(3C) If the Secretary of State makes the determination on or after the first day of the first academic year of the current course then the current system student qualifies for a fee loan in respect of—

(a) the academic year of the current course during which the Secretary of State makes the determination; and

(b) an academic year of the current course which the student has completed prior to the Secretary of State making the determination.

(3D) Paragraphs (3B) and (3C) do not apply if the Secretary of State considers that there are exceptional circumstances.

(3E) Where the Secretary of State considers that there are exceptional circumstances, the Secretary of State may determine that the student should qualify for a fee loan in respect of one or more academic years of the current course, as appropriate, whether or not the student has completed those academic years prior to the Secretary of State making the determination.

(4) When assessing an application for support in respect of an academic year of a designated course, the Secretary of State must determine the “standard entitlement”.

(5) The standard entitlement is calculated in accordance with regulation 20, 21 or 22.

(6) When assessing an application for support in respect of an academic year of a designated course, the Secretary of State must allocate a fee loan from the standard entitlement first to the final standard academic year of the course and then to each preceding standard academic year in turn until the standard entitlement is exhausted or a fee loan has been allocated to each standard academic year of the course.

(7) A current system student qualifies for a fee loan in respect of a standard academic year of the designated course if the Secretary of State allocates a fee loan to that year when assessing the application for support for that year.

(8) In addition to the standard entitlement, a current system student who falls within regulation 21 and has failed to complete the most recent previous course because of compelling personal reasons qualifies for a fee loan in respect of the first academic year that the student takes of the designated course that is not—

(a) a bursary year;

(b) an Erasmus year of a course provided by an institution in Northern Ireland ...; or

(c) an Erasmus year of a course provided by an institution in England , Wales or Scotland which began before 1st September 2012.

(9) Where a current system student qualifies for a fee loan under paragraph (8), the Secretary of State must not allocate a fee loan under paragraph (6) to the first academic year that the student takes of the designated course that is not —

(a) a bursary year;

(b) an Erasmus year of a course provided by an institution in Northern Ireland ...; or

(c) an Erasmus year of a course provided by an institution in England , Wales or Scotland where the course began before 1st September 2012.

(9A) In addition to the standard entitlement, a current system student qualifies for a fee loan in respect of an academic year of a current course in accordance with this paragraph and paragraphs (9D) and (9E) where―

(a) the student falls within regulation 21 or 22; and

(b) the Secretary of State determines that―

(i) the student has provided all information required by the Secretary of State in relation to all courses which have been undertaken and qualifications which are held by the student;

(ii) that information is accurate; and

(iii) the Secretary of State has provided written notification that the student qualifies for a fee loan under this regulation in respect of —

(aa) the first academic year of the current course, where the determination by the Secretary of State is made before the first day of the first academic year of the current course;

(bb) the academic year of the current course during which the determination by the Secretary of State is made;

(cc) an academic year of the current course in respect of which the determination of the Secretary of State is made, which the student has completed before the making of that determination.

(9B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9D) Paragraph (9A)(b)(iii) does not apply if the Secretary of State considers that there are exceptional circumstances.

(9E) Where the Secretary of State considers that there are exceptional circumstances, the Secretary of State may determine that the student should qualify for a fee loan in respect of one or more academic years of the current course, as appropriate, whether or not the student has completed those academic years prior to the Secretary of State making the determination.

(10) In addition to the standard entitlement, if the Secretary of State determines that the student is repeating an academic year of the designated course because of compelling personal reasons, a current system student qualifies for a fee loan in respect of the year of repeat study provided that the academic year that the student is repeating was a qualifying year of study and the year of repeat study is not a bursary year.

(11) A current system student qualifies for a fee loan in respect of an academic year of a designated course that is a year of repeat study which the student is taking other than for compelling personal reasons if—

(a) the academic year which the student is repeating was a qualifying year of study;

(b) the academic year of repeat study is not a bursary year; and

(c) when the academic year of repeat study is added to the number of any other academic years of repeat study that the student has already taken on the current course other than for compelling personal reasons, it does not exceed the number of additional years of support.

(12) In this regulation, the “number of additional years of support” is the number of years which make up the standard entitlement less the number of standard academic years (plus one where the student qualifies for a fee loan under paragraph (8)).

(13) The amount of the fee loan in respect of an academic year is determined in accordance with regulation 23 and may be nil.

Standard entitlement of current system students who have not studied on a previous course

20

The standard entitlement of a current system student who has not studied on a previous course is calculated as follows—

Standard entitlement of current system students who have transferred from or otherwise studied on a previous course

21

(1) The standard entitlement of a current system student who has studied on a previous course and who does not fall within regulation 22 is calculated as follows—

$(OD+1)−PC$

where

OD is the number of academic years that make up the ordinary duration of the course

Standard entitlement of current system students on end-on courses and certain degree courses

22

(1) Where the current course began before 1st September 2009, this regulation applies to—

(a) a current system student who is on an end-on course of the kind described in paragraph (a) or (b) of the definition of “end-on course” in regulation 2;

(b) a current system student who—

(i) has completed a full-time course mentioned in paragraph 2 or 3 of Schedule 2;

(ii) is on a full-time first degree course (other than a first degree course for the initial training of teachers) that the student did not begin immediately after the course referred to in paragraph (i); and

(iii) has not taken (in whole or in part) a full-time first degree course after the course referred to in paragraph (i) and before the current course;

(i) has completed a full-time foundation degree course;

(ii) is on a full-time honours degree course that the student did not begin immediately after the course referred to in paragraph (i); and

(iii) has not taken (in whole or in part) a full-time first degree course after the course referred to in paragraph (i) and before the current course.

(2) Where the current course begins on or after 1st September 2009, this regulation applies to a current system student who—

(a) has completed a course specified in paragraph (2A) and achieved a qualification;

(b) is on a full-time honours degree course (other than a first degree course for the initial training of teachers); and

(c) has not taken (in whole or in part) a full-time first degree course after the course referred to in paragraph (a) and before the current course.

(2A) The courses mentioned in paragraph (2)(a) are—

(a) an intensive course;

(b) a course mentioned in paragraph 2, 3 or 4 of Schedule 2 or overseas equivalent;

(d) a foundation degree course or overseas equivalent.

(2B) For the purposes of paragraph (2)(a) it does not matter whether a course specified in paragraph (2A)(b), (c) or (d) was completed on a full-time, part-time or full-time distance learning basis.

(3) Regulations 20 and 21 do not apply to students to whom this regulation applies.

(4) The standard entitlement of a student to whom paragraph (1) applies is calculated as follows—

$(D+X)−Pr⁡C$

where

D is the greater of 3 and the number of academic years that make up the ordinary duration of the course

X is 1 where the ordinary duration of the preliminary course (or preliminary courses in total) was less than three years and 2 where the ordinary duration of the preliminary course (or preliminary courses in total) was three years

PrC is the number of academic years that the student spent on preliminary courses (including any academic years that the student began or ceased to attend part of the way through the year), excluding any years of repeat study for compelling personal reasons.

(5) ...The standard entitlement of a student to whom paragraph (2) applies is calculated as follows–-

$(D+X)−Pr⁡C$

where

D is the greater of 3 and the number of academic years that make up the ordinary duration of the course

Xis—

1 where the ordinary duration of the preliminary course (or preliminary courses in total) was less than three years, and

where the ordinary duration of the preliminary course (or preliminary courses in total) was three years or more, the ordinary duration minus 1

PrCis the number of academic years that the student spent on preliminary courses (including any academic years that the student began or ceased to attend part of the way through the year), excluding any years of repeat study for compelling personal reasons.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amount of the fee loan

23

(1) For the purposes of this Part,—

(a) where a student (“A”) transfers to the current course pursuant to regulation 7 on or after 1st September 2012 from a full time course beginning before 1st September 2012; or

(b) where the current course is an end-on course of the kind described in paragraph (e) of the definition of “end-on course” in regulation 2;

the current course is treated as beginning before 1st September 2012 in relation to A.

(1A) In this regulation “new accelerated course” means an accelerated course which begins on or after 1st August 2019.

(2) The amount of a fee loan in respect of an academic year of a designated course must not exceed the lesser of—

(a) the fees payable by the student in connection with that year; and

(b) the maximum amount.

(3) For the purposes of this regulation, the “maximum amount” means—

(a) £3,465 where the current course began before 1st September 2012 unless paragraph (5) , (5A) , (6), (6A) or (6B) applies; ...

(b) £9,790 where the current course—

(i) begins on or after 1st September 2012; and

(ii) is provided by or on behalf of an approved (fee cap) provider in England;

unless paragraph (3)(d) or (e), (6) , (6A), (6B), (6C) or (8) applies;

(c) £9,790 where the current course is a course for the initial training of teachers provided by an accredited institution which is an unregistered provider, unless paragraph (6)(b), (6A)(b), (6B)(b) or (6C) applies;...

(d) where the current course is a new accelerated course provided by or on behalf of an approved (fee cap) provider in England—

(i) £11,750 unless paragraph (7A), (7B) or (7C) applies;

(ii) £2,350 where paragraph (7A) applies; or

(iii) £1,760 where paragraph (7B) or (7C) applies; or

(e) £5,760 where—

(i) the current course is provided by or on behalf of an approved (fee cap) provider in England, and

(ii) the academic year in respect of which the person is applying for support—

(aa) begins on or after 1st August 2025, and

(bb) is a lower-fee foundation year.

(4) Where the current course begins on or after 1st September 2012 and—

(a) is provided by an approved provider in England (other than on behalf of an approved (fee cap) provider, a publicly funded institution or a regulated institution);

(b) is provided by an unregistered provider, a private institution or a non-regulated institution on behalf of an approved provider; or

(c) is provided by an unregistered provider in England (other than on behalf of an approved or an approved (fee cap) provider where the course began before 1st August 2019; and

(d) the “maximum amount” is the amount specified in paragraph (4ZA).

(i) in a case specified in sub-paragraph (a) or (b) the provider of the course does not have a high level quality rating; or

(ii) in a case specified in sub-paragraph (c) the provider of the course did not have a high level quality rating in the academic year starting before 1st August 2019,

(4ZA) The maximum amount is—

(a) £6,350, unless sub-paragraph (e) or (f), or paragraph (7), (7A), (7B) or (8) applies;

(b) £3,175 where paragraph (7) applies and sub-paragraph (e) does not apply;

(d) £950 where paragraph (7B) applies and sub-paragraph (e) does not apply; ...

(e) in the case of a new accelerated course—

(i) £7,620, unless paragraph (7A) or (7B) applies;

(ii) £1,520 where paragraph (7A) applies; or

(iii) £1,140 where paragraph (7B) applies; or

(f) £3,735 where the academic year in respect of which the person is applying for support—

(i) begins on or after 1st August 2025, and

(ii) is a lower-fee foundation year.

(4A) Where the current course begins on or after 1st September 2012 and—

(a) is provided by an approved provider, a private institution or a non-regulated institution (other than on behalf of an approved (fee cap) provider, a publicly funded institution or a regulated institution);

(b) is provided by an unregistered provider in England on behalf of an approved provider; or

(c) is provided by an unregistered provider in England (other than on behalf of an approved or an approved (fee cap) provider) where the course began before 1st August 2019; and

(i) in a case specified in sub-paragraph (a) or (b) the provider of the course has a high level quality rating; or

(ii) in a case specified in sub-paragraph (c) the provider of the course had a high level quality rating in the academic year starting before 1st August 2019,

the “maximum amount” is the amount specified in paragraph (4B).

(4B) The maximum amount is—

(a) £6,525, or £7,830 in the case of a new accelerated course, unless sub-paragraph (k), or paragraph (7), (7A), (7B) or (8) applies;

(b) £3,260 where paragraph (7) applies and the current course is not an accelerated course;

(c) £1,305, or £1,565 in the case of a new accelerated course, where paragraph (7A) applies and the course is provided by an approved provider in England (other than on behalf of an approved (fee cap) provider, a publicly funded institution or a regulated institution);

(d) £1,305 where paragraph (7A) applies, the course is provided by a private institution in Wales (other than on behalf of an approved (fee cap) provider or a publicly funded institution) and began before 1st September 2017;

(e) £1,305 where paragraph (7A) applies, the course is provided by a non-regulated institution in Wales (other than on behalf of an approved (fee cap) provider, a publicly funded institution or a regulated institution) and the course begins on or after 1st September 2017;

(f) £3,260 where paragraph (7A) applies and the course is provided by a private institution in Northern Ireland or Scotland (other than on behalf of an approved (fee cap) provider, a publicly funded institution or a regulated institution);

(g) £975, or £1,170 in the case of a new accelerated course, where paragraph (7B) applies and the course is provided by an approved provider in England (other than on behalf of an approved (fee cap) provider, a publicly funded institution or a regulated institution);

(h) £975 where paragraph (7B) applies, the course is provided by a private institution in Wales (other than on behalf of an approved (fee cap) provider or a publicly funded institution), and began before 1st September 2017;

(i) £975 where paragraph (7B) applies, the course is provided by a non-regulated institution in Wales (other than on behalf of an approved (fee cap) provider, a publicly funded institution or a regulated institution), and begins on or after 1st September 2017;

(j) £3,260 where paragraph (7B) applies and the course is provided by a private institution in Northern Ireland or Scotland (other than on behalf of an approved (fee cap) provider, a publicly funded institution or a regulated institution); or

(k) £3,835 where the academic year in respect of which the person is applying for support—

(i) begins on or after 1st August 2025, and

(ii) is a lower-fee foundation year.

(5) Where the current course began on or after 1st August 2012 and is provided by or on behalf of an institution in Scotland or Northern Ireland, the “maximum amount” is—

(a) £9,790 where the course is provided by or on behalf of a publicly funded institution, unless sub-paragraph (ba), or paragraph (7), (7A), (7B) or (8) applies;

(b) £6,350 where the course is provided by a private institution (other than on behalf of an approved (fee cap) provider, a publicly funded institution or a regulated institution), unless sub-paragraph (bb), or paragraph (4A), (7), (7A), (7B) or (8) applies;

(ba) £5,760 where—

(i) the current course is provided by or on behalf of a publicly funded institution, and

(ii) the academic year in respect of which the person is applying for support—

(aa) begins on or after 1st August 2025, and

(bb) is a lower-fee foundation year;

(bb) £3,735 where—

(i) the current course is provided by a private institution (other than on behalf of an approved (fee cap) provider, a publicly funded institution or a regulated institution), unless paragraph (4A) applies, and

(ii) the academic year in respect of which the person is applying for support—

(aa) begins on or after 1st August 2025, and

(bb) is a lower-fee foundation year;

(c) £4,895 where the course is provided by or on behalf of a publicly funded institution and paragraph (7), (7A) or (7B) applies;

(d) £3,175 where the course is provided by a private institution (other than on behalf of an approved (fee cap) provider, a publicly funded institution or a regulated institution) and paragraph (7), (7A) or (7B) applies, unless paragraph (4A) applies.

(5ZA) Where the current course begins on or after 1st August 2012 and before 1st September 2017, and is provided by or on behalf of an institution in Wales, the “maximum amount” is—

(a) £9,790 where the course is provided by or on behalf of a publicly funded institution, unless paragraph (7), (7A), (7B) or (8) applies;

(b) £6,350 where the course is provided by a private institution (other than on behalf of an approved (fee cap) provider or a publicly funded institution), unless paragraph (4A), (7), (7A), (7B) or (8) applies;

(d) £3,175 where the course is provided by a private institution (other than on behalf of an approved (fee cap) provider or a publicly funded institution) and paragraph (7) applies, unless paragraph (4A) applies;

(e) £1,955 where the course is provided by or on behalf of a publicly funded institution, and paragraph (7A) applies;

(f) £1,270 where the course is provided by a private institution (other than on behalf of an approved (fee cap) provider or a publicly funded institution) and paragraph (7A) applies, unless paragraph (4A) applies;

(g) £1,465 where the course is provided by or on behalf of a publicly funded institution, and paragraph (7B) applies; or

(h) £950 where the course is provided by a private institution (other than on behalf of an approved (fee cap) provider or a publicly funded institution) and paragraph (7B) applies, unless paragraph (4A) applies.

(5ZB) Where the current course begins on or after 1st September 2017, and is provided by or on behalf of an institution in Wales, the “maximum amount” is—

(a) £9,790 where the course is provided by or on behalf of a regulated institution, unless sub-paragraph (ba), or paragraph (7), (7A), (7B) or (8) applies;

(b) £6,350 where the course is provided by a non-regulated institution (other than on behalf of an approved (fee cap) provider, a publicly funded institution or a regulated institution), unless sub-paragraph (bb), or paragraph (4A), (7), (7A), (7B) or (8) applies;

(ba) £5,760 where—

(i) the current course is provided by or on behalf of a regulated institution, and

(ii) the academic year in respect of which the person is applying for support—

(aa) begins on or after 1st August 2025, and

(bb) is a lower-fee foundation year;

(bb) £3,735 where—

(i) the current course is provided by a non-regulated institution (other than on behalf of an approved (fee cap) provider, a publicly funded institution or a regulated institution), unless paragraph (4A) applies, and

(ii) the academic year in respect of which the person is applying for support—

(aa) begins on or after 1st August 2025, and

(bb) is a lower-fee foundation year;

(d) £3,175 where the course is provided by a non-regulated institution (other than on behalf of an approved (fee cap) provider, a publicly funded institution or a regulated institution) and paragraph (7) applies, unless paragraph (4A) applies;

(e) £1,955 where the course is provided by or on behalf of a regulated institution, and paragraph (7A) applies;

(f) £1,270 where the course is provided by a non-regulated institution (other than on behalf of an approved (fee cap) provider, a publicly funded institution or a regulated institution) and paragraph (7A) applies, unless paragraph (4A) applies;

(g) £1,465 where the course is provided by or on behalf of a regulated institution, and paragraph (7B) applies; or

(h) £950 where the course is provided by a non-regulated institution (other than on behalf of an approved (fee cap) provider, a publicly funded institution or a regulated institution) and paragraph (7B) applies, unless paragraph (4A) applies.

(5A) Where the current course began before 1st August 2012 and is provided by an institution in Northern Ireland, the maximum amount is £4,030, or, where paragraph (7), (7A) or (7B) applies, £2,005.

(6) Where paragraph (7) applies, the “maximum amount” is—

(a) £1,725 where the current course began before 1st September 2012 unless paragraph (5) or (5A) applies; or

(b) £4,895 where the current course began on or after 1st September 2012 unless paragraph (4) (4A), (5), (5ZA) or (5ZB) applies.

(6A) Where paragraph (7A) applies, the “maximum amount” is—

(a) £1,725 where the current course began before 1st September 2012, unless paragraph (5) or (5A) applies;

(b) £1,955 where the current course began on or after 1st September 2012 and is provided by or on behalf of an approved (fee cap) provider or by an accredited institution which is an unregistered provider in England ..., unless paragraph (3)(d) applies; or

(c) £4,895 where the current course began on or after 1st September 2012 and is provided by or on behalf of a publicly funded institution in Northern Ireland or Scotland ....

(6B) Where paragraph (7B) applies, the “maximum amount” is—

(a) £1,725 where the current course began before 1st September 2012, unless paragraph (5) or (5A) applies;

(b) £1,465 where the current course began on or after 1st September 2012 and is provided by or on behalf of an approved (fee cap) provider or by an accredited institution which is an unregistered provider in England ..., unless paragraph (3)(d) applies; or

(c) £4,895 where the current course began on or after 1st September 2012 and is provided by or on behalf of a publicly funded institution in Northern Ireland or Scotland....

(6C) Where paragraph (7C) applies, the “maximum amount” is—

(a) £1,465 where the course is provided by or on behalf of a publicly funded or regulated institution in Wales; or

(b) £1,465 where the course is provided—

(i) by or on behalf of an approved (fee cap) provider;

(ii) by an accredited institution which is an unregistered provider in England; or

(iii) by or on behalf of a publicly funded institution in Scotland.

(7) This paragraph applies in respect of—

(a) the final academic year of a designated course where that academic year is normally required to be completed after less than 15 weeks' attendance; or

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i) began before 1st September 2010; or

(ii) begins on or after 1st September 2010 where the student transfers to the current course pursuant to regulation 7 from a course for the initial training of teachers beginning before 1st September 2010,

an academic year during which any periods of full-time study are in aggregate less than 10 weeks;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7A) This paragraph applies in respect of an academic year of a sandwich course—

(a) during which any periods of full-time study are in aggregate less than 10 weeks; or

(b) if 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 (disregarding intervening vacations) exceeds 30 weeks.

(7B) This paragraph applies in respect of an academic year of a course provided in conjunction with an overseas institution which is not an Erasmus year—

(a) during which any periods of full-time study at the institution in the United Kingdom are in aggregate less than 10 weeks; or

(b) if 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 intervening vacations) exceeds 30 weeks.

(7C) This paragraph applies in respect of an Erasmus year of a course provided by an institution in England , Wales or Scotland which began on or after 1st September 2012.

(8) Where the current course is a graduate entry accelerated programme, the “maximum amount” is £6,125 for the first academic year of the course, otherwise £5,860.

(8A) But paragraph (8B) applies where—

(a) a designated course is provided by or on behalf of a publicly funded institution in Scotland, Northern Ireland or Wales or a regulated institution in Wales, or by an institution in Scotland, Northern Ireland or Wales on behalf of an approved (fee cap) provider;

(b) on or before the date on which these Regulations are made, the Secretary of State has notified to an institution referred to in sub-paragraph (a) a level for the number of students starting the first year of courses at that institution in respect of an academic year commencing on or after 1st August 2020 and before 1st August 2021 (“AY 2020/21”), and

(8B) The maximum amounts set out in this regulation are reduced in respect of that institution in relation to the first academic year of a current course where that course commences on or after 1st August 2021 and before 1st August 2022—

(a) by 3% where the level is exceeded but not by more than 6%;

(b) by 9% where the level is exceeded by more than 6% but not more than 12%;

(9) A student may apply to the Secretary of State to reduce the amount of loan for which the student has applied in respect of a period of the academic year for which the academic authority has not made a request to the Secretary of State for payment of the fee loan or fee loan instalment under regulation 113.

Amount of fee loan for transferring students

24

(1) If a student's status as an eligible student is transferred from one designated course to another under regulation 7 and the circumstances in paragraph (2) apply, the student may apply to the Secretary of State to borrow an additional amount by way of a fee loan in respect of the academic year of the course to which that student transfers.

(2) The circumstances are—

(a) the fees payable in respect of the academic year of the course to which the current system student transfers exceed the fees payable in respect of the academic year of the course from which the student is transferring; and

(b) the academic year of the course to which the current system student transfers does not begin on a later date than the academic year of the course from which the student is transferring.

(3) If a student's status as an eligible student is transferred from one designated course to another under regulation 7 and the circumstances in paragraph (4) apply, the student may apply to the Secretary of State for another fee loan in respect of the academic year of the course to which the student transfers.

(4) The circumstances are that the academic year of the course to which the current system student transfers begins on a later date than the academic year of the course from which that student is transferring.

(5) Where the circumstances in paragraph (2) apply, the maximum additional amount that the current system student may borrow in respect of the academic year to which that student transfers, provided that the student qualifies for a fee loan in respect of that year, is determined by deducting the amount of any fee loan the student has taken out under these Regulations in respect of the academic year from which the student is transferring from the lesser of—

(a) the maximum amount specified in paragraphs (3) to (6C) of regulation 23 applicable in the student's case; and

(b) the fees payable by the student in respect of the academic year to which the student is transferring.

(6) Where the circumstances in paragraph (4) apply, the maximum amount of fee loan that a current system student may borrow in respect of the academic year to which that student transfers provided that the student qualifies for a fee loan in respect of that year is the lesser of—

(a) the amount specified in paragraphs (3) to (6C) of regulation 23 applicable in the student's case; and

(b) the fees payable by the student in connection with that year.

(7) Where a current system student has applied for a fee loan of less than the maximum amount available in relation to an academic year, that student may apply to borrow an additional amount which when added to the amount already applied for does not exceed the relevant maximum applicable in that student's case.

(8) If a student's status as an eligible student is transferred from one course to another under these Regulations and the circumstances in paragraph (9) apply, the student may apply to the Secretary of State to reduce the amount of fee loan applied for in respect of the remainder of the academic year.

(9) The circumstances are—

(a) the fees payable in respect of the academic year of the course to which the current system student transfers are lower than the fees payable in respect of the academic year of the course from which the student is transferring;

(b) the academic year of the course to which the current system student transfers does not begin on a later date than the academic year of the course from which the student is transferring.

(10) For the purposes of paragraph (9), the “remainder of the academic year” means the period of the academic year in respect of which the academic authority has not made a request to the Secretary of State for payment of the fee loan or fee loan instalment.

CHAPTER 4 — GRANTS FOR FEES FOR OLD SYSTEM STUDENTS

Old system students who are continuing students.

25

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Old system students who are transferring students

26

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Old system students who are on end-on courses

27

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Old system students who are gap year students who have not studied on a previous course

28

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Old system students who are gap year students who have studied on a previous course

29

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Availability of the grant for fees to old system students for years of repeat study

30

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Amount of the grant for fees for a course at a publicly funded institution

31

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Amount of the grant for fees for a course that is provided at a private institution on behalf of a publicly funded institution

32

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Amount of the grant for fees for a course at a private institution

33

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CHAPTER 5 — FEE CONTRIBUTION LOANS FOR OLD SYSTEM STUDENTS

Availability of fee contribution loans to old system students

34

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Amount of the fee contribution loan

35

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PART 5 — GRANTS FOR LIVING AND OTHER COSTS

CHAPTER 1 — TYPES OF GRANTS AVAILABLE

Current system students

36

The following grants are available to a current system student in connection with a designated course if the student meets the relevant qualifying conditions in this Part—

(a) disabled students' allowance;

(b) grant for dependants;

(d) maintenance grant or special support grant.

Old system students

37

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CHAPTER 2 — GENERAL PROVISIONS

General qualifying conditions for grants for living and other costs

38

(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 unless 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 or paragraphs in Part 2 of Schedule 1 into which the student falls is one or more of paragraphs 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 year.

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Subject 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.

(6A) 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

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;

(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 an 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;

(ba) 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);

(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; ...

(e) unpaid service with—

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

(ia) NHS England;

(ib) the National Institute for Health and Care Excellence;

(ic) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) a Local Health Board established pursuant to section 11 of the National Health Service (Wales) Act 2006 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 ; ...

(iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(v) 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

(f) unpaid service with either House of Parliament.

(8) 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.

(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.

Students who are treated as in attendance

39

(1) A student to whom this regulation applies is treated as being in attendance on the designated course for the purpose of qualifying for the following grants—

(a) disabled students' allowance;

(b) grant for dependants;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) This regulation applies to—

(a) a compressed degree student;

(b) a student on a period of study or period of work placement in an Erasmus year;

(i) is not a compressed degree student; and

(ii) is undertaking a designated course in the United Kingdom but is not in attendance because the student is unable to attend for a reason which relates to the student's disability.

CHAPTER 3 — DISABLED STUDENTS' ALLOWANCES

Qualifying conditions for the disabled students' allowance

40

(1) Subject to paragraphs (2) to (4), a student qualifies for a grant under regulation 40A if the student—

(a) is an eligible student; and

(b) has a disability.

(2) A student does not qualify for a grant under regulation 40A in respect of a distance learning course starting on or after 1st September 2012 unless the Secretary of State considers that the student is undertaking the designated course in England on the first day of the first academic year.

(2A) For the purposes of paragraph (2), a person (“A”) is to be 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,

(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.

(3) A student who would otherwise qualify for a grant under regulation 40A 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 of the United Kingdom.

(3A) Paragraphs (2) and (3) do not apply to a person who is treated as being ordinarily resident in the United Kingdom by virtue of paragraph 1(4) of Schedule 1 on the basis of temporary employment falling within paragraph 1(5)(a) of that Schedule.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amount of the disabled students' allowance

41

(1) Subject to the following paragraphs, the amount of the disabled students' allowance is the amount that the Secretary of State considers appropriate in accordance with the student's circumstances.

(1A) Subject to paragraph (2), the amount of the disabled students’ allowance in respect of additional expenditure on a computer must not exceed an amount equal to the additional expenditure incurred less £200.

(2) The amount of the disabled students’ allowance in respect of an academic year—

(a) for expenditure other than travel expenditure, must not exceed £27,783;

(b) for travel expenditure, must not exceed an amount equal to that expenditure.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) Subject to paragraph (8), the disabled students’ allowance is payable in respect of the four quarters of the academic year ....

(8) 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 the disabled students’ allowance in respect of the four quarters of that academic year.

(8A) 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 the disabled students’ allowance in respect of the qualifying quarters.

(8B) For the purposes of paragraph (8A) “the qualifying quarters” means—

(a) the quarter in which the relevant event occurs; and

(b) if relevant, such other quarters as begin after the relevant event occurs.

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER 4 — GRANTS FOR DEPENDANTS

Interpretation of Chapter 4

42

(1) In regulations 44 to 47—

(a) subject to sub-paragraph (n), “adult dependant” means, in relation to an eligible student, an adult person dependent on the student other than the student's child, the student's partner (including a spouse or civil partner from whom the Secretary of State considers the student is separated) or the student's former partner;

(b) “child” in relation to an eligible student includes any child of the student's partner who is dependent on the student and any child for whom the student has parental responsibility who is dependent on the student;

(c) “dependant” means, in relation to an eligible student, the student's partner, the student's dependent child or an adult dependant, who in each case is not an eligible student and does not hold a statutory award;

(d) “dependent” means wholly or mainly financially dependent;

(e) “dependent child” means, in relation to an eligible student, a child dependent on the student;

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) “net income” has the meaning given in paragraph (2);

(ga) “preceding financial year” means the financial year immediately preceding the relevant year;

(gb) “prior financial year” means the financial year immediately preceding the preceding financial year;

(gc) “relevant year” means the academic year of the course in respect of which the eligible student’s dependants’ income falls to be assessed;

(gd) “residual income” means taxable income after the application of paragraph (5) (in the case of an eligible student’s partner) or paragraph (6) (in the case of an eligible student’s adult dependants);

(ge) “taxable income” means, in respect of the prior financial year—

(i) the total income on which a person (“A”) is charged to income tax as determined at Step 1 of the calculation in section 23 of the Income Tax Act 2007, together with any payments and other benefits mentioned in section 401(1) of the Income Tax (Earnings and Pensions) Act 2003 (ignoring section 401(2) of that Act), received or treated as received by A, to the extent that they are not a component of the total income on which A is charged to income tax;

(ii) A’s total income from all sources as determined for the purposes of the income tax legislation of a Member State which applies to A’s income; or

(iii) where the legislation of—

(aa) the United Kingdom and one or more Member States; or

(bb) more than one Member State

applies to the period, A’s total income from all sources as determined for the purposes of the income tax legislation under which the Secretary of State considers that A’s total income in that period is greatest,

except that no account is taken of income referred to in paragraph (1A) paid to another party;

(h) subject to sub-paragraphs (i), (j), (k), (l) and (m), “partner” means any of the following—

(i) the spouse of an eligible student;

(ii) the civil partner of an eligible student;

(iii) a person ordinarily living with an eligible student as if that person were the student's spouse where an eligible student falls within paragraph 2(1)(a) of Schedule 4 and began the specified designated course on or after 1st September 2000;

(iv) a person ordinarily living with an eligible student as if that person were the student's civil partner where an eligible student falls within paragraph 2(1)(a) of Schedule 4 and began the specified designated course on or after 1st September 2005;

(i) unless otherwise indicated, a person who would otherwise be a partner under sub-paragraph (h) is not to be treated as a partner if—

(i) in the opinion of the Secretary of State, that person and the eligible student are separated; or

(ii) the person is ordinarily living outside the United Kingdom and is not maintained by the eligible student;

(j) for the purposes of the definition of “adult dependant”, a person is to be treated as a partner if that person would be a partner under sub-paragraph (h) but for the fact that the eligible student with whom that person is ordinarily living does not fall within paragraph 2(1)(a) of Schedule 4;

(k) for the purposes of the definition of child, a person is to be treated as a partner if that person would be a partner under sub-paragraph (h) but for the date on which the eligible student began the specified designated course or the fact that the eligible student with whom that person is ordinarily living does not fall within paragraph 2(1)(a) of Schedule 4;

(l) for the purposes of regulation 45—

(i) sub-paragraph (i) does not apply; and

(ii) a person is to be treated as a partner if that person would be a partner under sub-paragraph (h) but for the fact that the eligible student with whom that person is ordinarily living does not fall within paragraph (2)(1)(a) of Schedule 4;

(m) for the purposes of determining whether a person is the former partner of an eligible student's partner, “partner” in relation to an eligible student's partner means—

(i) the spouse of an eligible student's partner;

(ii) the civil partner of an eligible student's partner;

(iii) where the eligible student began the specified designated course on or after 1st September 2000, a person (“A”) ordinarily living with an eligible student's partner (“B”) as if A were B's spouse;

(iv) where the eligible student began the specified designated course on or after 1st September 2005, a person “A” ordinarily living with an eligible student's partner “B” as if A were B's civil partner;

(n) subject to sub-paragraph (o), for the purposes of the definitions of “adult dependant” and “dependent child”, the Secretary of State may treat an adult person or child as dependent on an eligible student if the Secretary of State is satisfied that the adult person or child—

(i) is not dependent on—

(aa) the eligible student; or

(bb) the student's partner; but

(ii) is dependent on the eligible student and the student's partner together;

(o) the Secretary of State must not treat an adult person (“A”) as dependent on an eligible student in accordance with sub-paragraph (n), if A is—

(i) the spouse or civil partner of the eligible student's partner (including a spouse or civil partner from whom the Secretary of State considers the eligible student's partner is separated); or

(ii) the former partner of the eligible student's partner.

(1A) The income referred to in this paragraph is any benefits under a pension arrangement pursuant to an order made under section 23 of the Matrimonial Causes Act 1973 which includes provision made by virtue of sections 25B(4) and 25E(3) of that Act or pension benefits under Part 1 of Schedule 5 to the Civil Partnership Act 2004 which includes provision made by virtue of Parts 6 and 7 of that Schedule.

(2) ...A dependant's net income is the dependant's income from all sources (for the relevant year for the purposes of regulation 44(2)(b) and for the prior financial year for the purposes of regulation 47) reduced by the amount of income tax and social security contributions payable in respect of it but disregarding—

(a) any pension, allowance, or other benefit paid by reason of a disability or incapacity to which the dependant is subject;

(b) child benefit payable under Part IX of the Social Security Contributions and Benefits Act 1992 ;

(c) any financial support payable to the dependant by a local authority in accordance with regulations made under sections 2, 3 and 4 of the Adoption and Children Act 2002 ;

(d) any guardian's allowance to which the dependant is entitled under section 77 of the Social Security Contributions and Benefits Act 1992;

(e) in the case of a dependant with whom a child being looked after by a local authority is boarded out, any payment made to that dependant in pursuance of section 22C of the Children Act 1989 or, as the case may be, any payment made under section 81 of the Social Services and Well-being (Wales) Act 2014;

(f) any payments made to the dependant under section 15 of and Schedule 1 to the Children Act 1989 in respect of a person who is not the dependant's child or any assistance given by a local authority pursuant to section 24 of that Act or section 104 of the Social Services and Well-being (Wales) Act 2014 in so far as that section applies to category 5 and 6 young persons within the meaning of that Act;

(g) any child tax credit to which the dependant is entitled under Part I of the Tax Credits Act 2002 ; ...

(h) a higher education bursary paid to the dependent;

(i) in the case of a dependant who is entitled to an award of universal credit—

(i) any amount that is included in the calculation of the award, under regulation 27(1) of the Universal Credit Regulations 2013, in respect of the fact that the dependant has ... or limited capability for work and work-related activity;

(ii) any amount or additional amount that is included in the calculation of the award under regulation 24 of those Regulations (the child element).

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) For the purposes of paragraph (2), where the dependant is a dependent child and payments are made to the eligible student towards the child's maintenance, those payments are to be treated as the child's income.

(5) An eligible student’s partner’s residual income is determined in accordance with paragraph 6 of Schedule 4.

(6) An eligible student’s adult dependants’ residual income is determined in accordance with paragraph 5 of Schedule 4 (other than sub-paragraphs (3)(b) and (c), (4)(b) and (c), (9), (10) and (11) of paragraph 5), references to the parent being construed as references to the eligible student’s adult dependants.

General

43

(1) The grant for dependants consists of the following elements—

(a) adult dependants' grant;

(b) childcare grant;

(2) The qualifying conditions for each element and the amounts payable are set out in regulations 44 to 47.

Adult dependants' grant

44

(1) An eligible student qualifies for an adult dependants' grant in connection with the student's attendance on a designated course in accordance with this regulation.

(2) The adult dependants' grant is available in respect of one dependant of an eligible student who is ordinarily resident in the United Kingdom and either—

(a) the eligible student's partner; or

(b) an adult dependant whose net income for the relevant year does not exceed £3,796.

(3) The amount of adult dependants' grant payable in respect of an academic year is calculated in accordance with regulation 47, the basic amount being—

(a) £3,545.

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Childcare grant

45

(1) An eligible student (“A”) qualifies for a childcare grant in connection with A's attendance on a designated course in accordance with this regulation.

(2) Subject to paragraphs (3) , (3B) and (4), the childcare grant is available in respect of an academic year in which A incurs prescribed childcare charges for—

(a) a dependent child who is under the age of 15 immediately before the beginning of the academic year; or

(b) a dependent child who has special educational needs within the meaning of section 20 of the Children and Families Act 2014 and is under the age of 17 immediately before the beginning of the academic year.

(3) A does not qualify for a childcare grant if ... —

(a) A or A’s partner has elected to receive the childcare element of the working tax credit under Part 1 of the Tax Credits Act 2002; ...

(b) A or A’s partner is entitled to an award of universal credit the calculation of which includes an amount under regulation 31 of the Universal Credit Regulations 2013 (childcare costs element) ...

(d) A’s partner is eligible for a healthcare tuition payment and has elected to receive financial support for childcare under section 63 of the Health Services and Public Health Act 1968.

(3A) In this regulation, the terms “entitlement period” and “valid declaration of eligibility” have the same meanings as they have for the purposes of the Childcare Payments Act 2014 and regulations made thereunder.

(3B) A does not qualify for a childcare grant during any entitlement period for which A or A’s partner has made a valid declaration of eligibility under the Childcare Payments Act 2014 in relation to any child.

(4) A does not qualify for a childcare grant if the prescribed childcare charges that A incurs for A's child are paid or to be paid by A to A's partner.

(5) Subject to paragraphs (6) and (8), the basic amount of childcare grant for each week is—

(a) for one dependent child, 85 per cent. of the prescribed childcare charges, subject to a maximum amount of £199.62 per week; or

(b) for two or more dependent children, 85 per cent. of the prescribed childcare charges, subject to a maximum amount of £342.24 per week

except that A does not qualify for any such grant in respect of each week falling within the period between the end of the course and the end of the academic year in which the course ends.

(6) For the purposes of calculating the basic amount of childcare grant—

(a) a week runs from Monday to Sunday; and

(b) where a week in respect of which prescribed childcare charges are incurred falls partly within and partly outside the academic year in respect of which childcare grant is payable under this regulation, the maximum weekly amount of grant is calculated by multiplying the relevant maximum weekly amount in paragraph (5) by the number of days of that week falling within the academic year and dividing the product by seven.

(7) Subject to paragraphs (7A) and (7B), in this regulation “prescribed childcare charges” means childcare charges of a description prescribed for the purposes of section 12 of the Tax Credits Act 2002 .

(7A) “Prescribed childcare charges” do not include childcare charges in respect of childcare provided by a nanny.

(7B) Paragraph (7A) does not apply where the Secretary of State has determined that, owing to exceptional circumstances, it would be appropriate for A to incur childcare charges in respect of childcare provided by a nanny.

(7C) In paragraphs (7A) and (7B), “nanny” means a person who cares for a child in any of the circumstances specified in article 3 of the Childcare (Exemptions from Registration) Order 2008 (and is consequently not required to be registered in either of the childcare registers established by section 32 of the Childcare Act 2006).

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) Subject to paragraph ... (11), a childcare grant is payable in respect of the four quarters of the academic year.

(11) 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 childcare grant in respect of the four quarters of that academic year.

(11A) Where—

(a) a course designation event which results in 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 childcare grant in respect of such quarters of the academic year as begin after the event in question occurs.

(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Parents' learning allowance

46

(1) An eligible student (“A”) qualifies in connection with A's attendance on a designated course for the parents' learning allowance if A has one or more dependants who are dependent children.

(2) The amount of parents' learning allowance payable in respect of an academic year is calculated in accordance with regulation 47, the basic amount being £2,024.

Calculations

47

(1) The amount of adult dependants’ grant payable in respect of an academic year beginning on or after 1st August 2019 is calculated in accordance with paragraphs (1A), (1AA), (1B), (1C) , (4) and (4A).

(1A) Subject to paragraph (1C), the amount of adult dependants’ grant payable , where the residual income of any adult dependants and the eligible student’s partner and the net income of any dependent child or children, taken together for the prior financial year, exceeds £8,746, is an amount equal to—

$$A−(B+C)−D2$Where—A is the basic amount mentioned in regulation 44(3);B is the residual income of any adult dependants and the eligible student’s partner for the prior financial year;C is the net income of any dependent child or children for the prior financial year; andD is £8,746.$

(1AA) Where the residual income of any adult dependants and the eligible student’s partner and the net income of any dependent child or children, taken together for the prior financial year, does not exceed £8,746, the amount of adult dependant’s grant payable is the basic amount mentioned in paragraph (3) of regulation 44.

(1B) Where the residual income of any adult dependants and the eligible student’s partner and the net income of any dependent child or children , taken together for the prior financial year, exceeds £15,835.98, the amount of adult dependants’ grant payable is nil.

(1C) The basic amount of adult dependants’ grant mentioned in paragraph (3) of regulation 44 is payable instead of the amount payable under paragraph (1A) to an eligible student—

(a) who was in receipt of adult dependants’ grant and parents’ learning allowance in respect of an academic year of a course beginning on or after 1st August 2018 but before 1st August 2019;

(b) who is undertaking—

(i) a subsequent year of the same course in an academic year beginning on or after 1st August 2019 without their participation in that course having been withdrawn or suspended; or

(ii) a year of a course in an academic year beginning on or after 1st August 2019, without their participation in that course having been withdrawn or suspended, having transferred from the course mentioned in sub-paragraph (a);

(c) who qualifies for and who is entitled to receive parents’ learning allowance in respect of an academic year mentioned in sub-paragraph (b);

(d) in respect of whom the amount of adult dependants’ grant payable under paragraph (1A) after the application of any contribution calculated under Part 8 would, other than by virtue of an increase in the residual income of any adult dependants and the eligible student’s partner and the net income of any dependent child or children, be lower than the amount of adult dependants’ grant received in the academic year mentioned in sub-paragraph (a); and

(e) in respect of whom the residual income of any adult dependants and the eligible student’s partner and the net income of any dependent child or children is at least £8,746 but does not exceed £12,776.

(2) Subject to paragraph (5B), the amount of childcare grant payable in respect of an academic year beginning on or after 1st August 2019 is calculated in accordance with paragraph (2A), (2AA), (2C) and (5) where the eligible student has one dependent child only, and in accordance with paragraph (2B), (2BA), (2C) and (5) where the eligible student has two or more dependent children.

(2A) The amount of childcare grant payable , where the residual income of any adult dependants and the eligible student’s partner and the net income of the dependent child, taken together for the prior financial year, exceeds £9,727, is an amount equal to—

$$A−[(B+C)−D]×[EF]$Where—A is the basic amount mentioned in paragraph (5)(a) of regulation 45 multiplied by 52;B is the residual income of any adult dependants and the eligible student’s partner for the prior financial year;C is the net income of the dependent child for the prior financial year;D is £9,727; ...E is the number of days in respect of which the eligible student applies and qualifies for childcare grant, up to a maximum of 365 days or, where the academic year includes 29th February, up to a maximum of 366 days; andF is 365 days or, where the academic year includes 29th February, 366 days.$

(2AA) Where the residual income of any adult dependants and the eligible student’s partner and the net income of the dependent child, taken together for the prior financial year, does not exceed £9,727, the amount of childcare grant payable is an amount equal to—

$$A×[BC]$Where—A is the basic amount mentioned in paragraph (5)(a) of regulation 45 multiplied by 52; ...B is the number of days in respect of which the eligible student applies and qualifies for childcare grant, up to a maximum of 365 days or, where the academic year includes 29th February, up to a maximum of 366 days; andC is 365 days or, where the academic year includes 29th February, 366 days.$

(2B) The amount of childcare grant payable , where the residual income of any adult dependants and the eligible student’s partner and the net income of the dependent children, taken together for the prior financial year, exceeds £11,118, is an amount equal to—

$$A−[(B+C)−D]×[EF]$Where—A is the basic amount mentioned in paragraph (5)(b) of regulation 45 multiplied by 52;B is the residual income of any adult dependants and the eligible student’s partner for the prior financial year;C is the net income of the dependent children for the prior financial year;D is £11,118; ...E is the number of days in respect of which the eligible student applies and qualifies for childcare grant, up to a maximum of 365 days or, where the academic year includes 29th February, up to a maximum of 366 days; andF is 365 days or, where the academic year includes 29th February, 366 days.$

(2BA) Where the residual income of any adult dependants and the eligible student’s partner and the net income of the dependent children, taken together for the prior financial year, does not exceed £11,118, the amount of childcare grant payable is an amount equal to—

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