The Higher Education (Higher Amount) (England) Regulations 2016

Made: 13th December 2016

Laid before Parliament: 15th December 2016

Coming into force: 6th January 2017

In accordance with section 26(3) of that Act, the Secretary of State has had regard to the index of prices specified in regulations made under that subsection[^f00002].

Citation, commencement and application

1

These Regulations may be cited as the Higher Education (Higher Amount) (England) Regulations 2016 and come into force on 6th January 2017.

2

These Regulations apply in relation to England.

Interpretation

3

In these Regulations—

• “the 2004 Act” means the Higher Education Act 2004;

• “Erasmus year” has the meaning given in regulation 2(1) of the Student Support Regulations;

• “overseas institution” means an institution other than one in England, Wales, Scotland, Northern Ireland, the Channel Islands and the Isle of Man;

• “sandwich course” has the meaning given in regulation 2(10) of the Student Support Regulations;

• “the Student Support Regulations” means the Education (Student Support Regulations) 2011[^f00003].

Meaning of “eligible institution”

4

An eligible institution is an institution listed in the Schedule to these Regulations.

Application of the new higher amounts

5

• (1) The higher amounts prescribed in regulations 6, 7 and 8 apply in relation to the qualifying fees payable by a qualifying person in connection with a qualifying course in respect of an academic year of that course, if that academic year begins on or after 1st August 2017.

• (2) The higher amounts do not apply if—

• (a) the qualifying course began before 1st September 2012;

• (b) the qualifying person is an end-on student; or

• (c) the qualifying person transfers from a qualifying course beginning before 1st September 2012 to a qualifying course beginning on or after 1st September 2012.

• (3) In this regulation—

• ...

• ...

• “end-on student” means a student who is undertaking—a full-time honours degree course beginning on or after 1st September 2012 which, disregarding any intervening vacation, a student begins to attend immediately after ceasing to attend a full-time course which is mentioned in paragraph 2, 3 or 4 of Schedule 2 to the Student Support Regulations or a full-time foundation degree or ordinary degree course, which started before 1st September 2012, having achieved a qualification;...a part-time honours degree course beginning on or after 1st September 2012 which, disregarding any intervening vacation, a student begins immediately after ceasing to undertake a part-time course which is mentioned in paragraph 2, 3 or 4 of Schedule 2 to the Student Support Regulations or a part-time foundation degree or ordinary degree course, which started before 1st September 2012, having achieved a qualification;

• “transfer” means that the qualifying person’s status as student eligible for support has been transferred under regulations made under section 22 of the Teaching and Higher Education Act 1998[^f00004] from a full-time course to another full-time course, or from a part-time course to another part-time course ....

Prescribed higher amount from 1st August 2017

6

• (1) The higher amount is—

• (a) £9,250 in respect of an eligible institution; or

• (b) £9,000 in respect of any other institution.

• (2) This regulation does not apply in relation to courses identified in either regulation 7 or 8.

Prescribed higher amount for specified courses from 1st August 2017

7

• (1) In respect of the final academic year of a course if that academic year is normally required to be completed after less than 15 weeks’ attendance, the higher amount is—

• (a) £4,625 in respect of an eligible institution; or

• (b) £4,500 in respect of any other institution.

• (2) The higher amount is the amount specified in paragraph (3) 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.

• (3) The higher amount is—

• (a) £1,850 in respect of an eligible institution; or

• (b) £1,800 in respect of any other institution.

• (4) In respect of an Erasmus year, the higher amount is—

• (a) £1,385 in respect of an eligible institution; or

• (b) £1,350 in respect of any other institution.

• (5) The higher amount is the amount specified in paragraph (6) 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.

• (6) The higher amount is—

• (a) £1,385 in respect of an eligible institution; or

• (b) £1,350 in respect of any other institution.

Prescribed higher amount for part-time courses from 1st August 2017

8

The higher amount in respect of a part-time course is—

• (a) £6,935 in respect of an eligible institution; or

• (b) £6,750 in respect of any other institution.

SCHEDULE — Eligible Institutions