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Statutory Instrument 2005 No. 52The Education (Student Support) Regulations 2005(The document as of February, 2008. Arhiv.Online Library) STATUTORY INSTRUMENTS2005 No. 52EDUCATION, ENGLAND AND WALESEDUCATION, NORTHERN IRELANDThe Education (Student Support) Regulations 2005
The Secretary of State for Education and Skills, in exercise of the powers conferred upon her by sections 22, 42(6) and 43(1) of the Teaching and Higher Education Act 1998[1], hereby makes the following Regulations: Citation, commencement and extent 1. - (1) These Regulations may be cited as the Education (Student Support) Regulations 2005 and shall come into force on 1st March 2005. (2) Subject to paragraph (3), these Regulations extend to England and Wales only. (3) Regulation 28(2) extends to Northern Ireland. Interpretation 2. - (1) In these Regulations -
(b) purports to be so incorporated or associated for the purpose of being used in establishing the authenticity of the communication or data, the integrity of the communication or data, or both;
(b) a course mentioned in paragraph 4 of Schedule 3 the duration of which does not exceed two years (the duration of a part-time course being expressed as its full-time equivalent) which, disregarding any intervening vacation, a student begins to attend immediately after ceasing to attend a course mentioned in paragraph 1 or 4 of Schedule 3 (provided that the course in paragraph 4 was a course leading to a first degree) for which the student received or was entitled to receive a transitional award, a loan under the 1998 Regulations or support under the 1999, 2000, 2001, 2002, 2003 or 2004 Regulations;
(b) in the county of Essex, in the district of Epping Forest -
the parish of Waltham Abbey; (c) in the county of Hertfordshire -
the district of Hertsmere, in the district of Welwyn Hatfield, the parish of Northaw; and (d) in the county of Surrey -
the boroughs of Epsom and Ewell and Spelthorne, in the district of Reigate and Banstead, the area of the former urban district of Banstead;
(b) periods during which a student is employed and residing in a country whose language is one that he is studying for his course (provided that the period of residence in that country is a requirement of his course and the study of one or more modern languages accounts for not less than one half of the total time spent studying on the course);
(b) beginning on 1st April and ending on 30th June; (c) beginning on 1st July and ending on 31st August; or (d) beginning on 1st September and ending on 31st December;
(b) Biotechnology and Biological Sciences Research Council, (c) Economic and Social Research Council, (d) Engineering and Physical Sciences Research Council, (e) Medical Research Council, (f) Natural Environment Research Council, (g) Particle Physics and Astronomy Research Council;
(2) For the purposes of these Regulations, a person who is ordinarily resident in England and Wales, Scotland, Northern Ireland or the Islands as a result of having moved from another of those areas for the purpose of undertaking -
(b) a previous designated course which, disregarding any intervening vacation, the student was undertaking immediately before undertaking his present course shall be considered to be ordinarily resident in the place from which he moved.
(b) at any time before or after these Regulations come into force has become part of one or other or both of these areas, shall be considered to have always been part of the European Economic Area.
(b) in circumstances where as a national of the United Kingdom he has an enforceable Community right to be treated no less favourably than a national of another Member State in relation to matters which are the subject of the above-mentioned Council Regulation. (6) In these Regulations -
(ii) it consists of alternate periods of full-time study in an institution and periods of work experience; and (iii) taking the course as a whole, the student attends the periods of full-time study for an average of not less than 18 weeks in each year; (b) for the purposes of calculating the student's attendance, the course shall be treated as beginning with the first period of full-time study and ending with the last such period; and (7) Where these Regulations refer to a date before, on or after which an eligible student began the present designated course and the student's status as an eligible student has been transferred to the present designated course as a result of one or more transfers of that status by the Secretary of State from a course (the "initial course") in connection with which the Secretary of State determined the student to be an eligible student pursuant to regulations made under section 22 of the Act, the eligible student shall be treated for the purposes of the relevant regulation as if he began the present designated course on the date on which he began the initial course.
(b) no award under the 1962 Act was bestowed in respect of the course but a transitional award would have been bestowed on him if he had applied for an award under the 1962 Act and his resources had not exceeded his requirements, he shall be an eligible student for the purposes of Parts 4 and 5 in connection with the course, or in connection with any subsequent course to which the award (either bestowed or which would have been bestowed under the 1962 Act) would have been transferred if transitional awards provided for payments after the first year of a course, but unless paragraph (8) applies he shall qualify for support by way of loan under Part 6 only if he is an eligible student under these Regulations and if he satisfies the qualifying conditions in Part 6. Eligible students 4. - (1) An eligible student shall qualify for support in connection with a designated course subject to and in accordance with these Regulations. (2) A person is an eligible student in connection with a designated course if -
(b) the person is not excluded by paragraph (3). (3) A person shall not be an eligible student if -
(b) he is eligible for a loan in relation to an academic year of the course under the Education (Student Loans) Act 1990 or the Education (Student Loans) (Northern Ireland) Order 1990; (c) there has been bestowed on him or paid to him in relation to his attendance on the course -
(ii) any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 1992[35]; (d) he is in breach of any obligation to repay any loan; (4) For the purposes of paragraphs (3)(d) and (3)(e), "loan" means a loan made under the student loans legislation.
(b) with the concurrence of the borrower's curator or at a time when he had no curator. (6) An eligible student in respect of whom the first academic year of the course begins on or after 1st September 2000 shall not, at any one time, qualify for support for -
(b) a designated course and a designated part-time course; (c) a designated course and a designated postgraduate course. (7) Notwithstanding paragraph (2), a person shall be an eligible student for the purposes of these Regulations if -
(b) the Secretary of State has previously determined that the person is -
(ii) an eligible student in connection with a designated course other than the present course and the student's status as an eligible part-time student or as an eligible student in connection with that course has been converted or transferred from that course to the present course as a result of one or more conversions or transfers in accordance with regulations made under section 22 of the Act. Designated courses
(b) one of the following -
(ii) a sandwich course; or (iii) a part-time course for the initial training of teachers; (c) of at least one academic year's duration; and (2) A course falling within paragraph 6 or 7 of Schedule 3 is not a designated course where the governing body of a maintained school has arranged for the provision of such a course to a pupil of the school.
(b) a university and any constituent college or institution in the nature of a college of a university shall be regarded as publicly funded if either the university or the constituent college or institution is publicly funded; and (c) an institution shall not be regarded as publicly funded by reason only that it receives public funds from the governing body of a higher education institution in accordance with section 65(3A) of the Further and Higher Education Act 1992[36]. (4) A course to which this paragraph applies shall be considered to be a single course for a first degree or for an equivalent qualification notwithstanding that -
(b) part of the course may be optional. (5) Paragraph (4) applies to a course the standard of which is not higher than a first degree which leads to a qualification as a medical doctor, dentist, veterinary doctor, architect, landscape architect, landscape designer, landscape manager, town planner or town and country planner.
(b) loans for living costs; and (c) grants for fees where the student repeats part of his course. (4) The Secretary of State may, at any time, renew or extend the period of eligibility for such further period as she determines.
(b) abandons or is expelled from his designated course. (6) The Secretary of State may terminate the period of eligibility where the eligible student has shown himself by his conduct to be unfitted to receive support.
(b) determine that the student no longer qualifies for any particular support or particular amount of support; (c) treat any support paid to the student as an overpayment which may be recovered under regulation 33. Transfer of status
(b) she is satisfied that one or more of the grounds for transfer in paragraph (2) applies; and (c) the period of eligibility has not expired or been terminated. (2) The grounds for transfer referred to in paragraph (1) are -
(b) the eligible student starts to attend a designated course at another institution with the consent of the academic authority of that institution; (c) after commencing a course for the Certificate in Education, the eligible student is, on or before the completion of that course, admitted to a designated course for the degree of Bachelor of Education either at the same institution or at another institution; (d) after commencing a course for the degree (other than an honours degree) of Bachelor of Education, the eligible student is, on or before the completion of that course, admitted to a designated course for the honours degree of Bachelor of Education either at the same institution or at another institution; or (e) after commencing a course for a first degree (other than an honours degree) the eligible student is, before the completion of that course, admitted to a designated course for an honours degree in the same subject or subjects at the institution. (3) Subject to paragraph (4), an eligible student who transfers under paragraph (1) shall, for the remainder of the academic year in which he transfers, continue to receive in connection with the course to which he transfers the support for which the Secretary of State has determined he qualifies in respect of the course from which he transfers. Applications for support 8. - (1) A person (the "applicant") shall apply for support in connection with each academic year of a designated course by completing and submitting to the Secretary of State an application in such form and accompanied by such documentation as the Secretary of State may require. (2) The Secretary of State may take such steps and make such inquiries as she considers necessary to determine whether the applicant is an eligible student, whether he qualifies for support and the amount of support payable, if any. (3) The Secretary of State shall notify the applicant of whether or not he qualifies for support and, if he does qualify, the amount of support payable in respect of the academic year, if any. Time limits 9. - (1) The general rule is that the application must reach the Secretary of State within a period of nine months beginning with the first day of the academic year in respect of which it is submitted. (2) The general rule in paragraph (1) does not apply where -
(b) the applicant, his spouse, his civil partner or his parent is recognised as a refugee or has been granted leave to enter or remain as mentioned in paragraph 3 of Schedule 2 after the first day of the academic year in respect of which the applicant is applying for support, in which case the application must reach the Secretary of State within a period of nine months beginning with the day of recognition or the day leave was granted, respectively; (c) the applicant is not a person mentioned in paragraph 7 of Schedule 2 on the first day of the academic year in respect of which he is applying for support but as a result of the accession of the state of which he is a national to the European Community he becomes such a person, in which case the application must reach the Secretary of State within a period of nine months beginning with the day of the accession; (d) the applicant is making a separate application for a loan for living costs under regulation 25 or an additional amount of loan under regulation 26(3), in which case the application must reach the Secretary of State not later than one month before the end of the academic year in respect of which he is applying for support; (e) the applicant is applying to borrow an additional amount of loan under regulation 26(1), in which case the application must reach the Secretary of State not later than one month before the end of the academic year to which the application relates or within a period of one month beginning with the day on which the applicant receives notice of the increased maximum amount, whichever is the later; (f) the applicant is applying for a grant under regulation 14, in which case the application must reach the Secretary of State as soon as is reasonably practicable; (g) the Secretary of State considers that having regard to the circumstances of the particular case the time limit should be relaxed, in which case the application must reach the Secretary of State not later than such date as she specifies. Information Qualifying conditions for grants for fees 11. - (1) An eligible student shall, in respect of an academic year, qualify in accordance with this regulation for a grant in respect of the fees[37] payable by him in respect of, or otherwise in connection with, his attendance on a designated course (the "present course"). (2) The amount of the grant for fees in respect of an academic year shall be determined in accordance with regulation 12. (3) The general rule is that an eligible student who has attended a previous course does not qualify for a grant for fees in connection with his attendance on the present course. (4) A previous course is any course which the student attended before the present course and which meets the conditions in paragraph (5) other than a course in connection with which the student was an eligible student and from which his status as an eligible student was transferred to the present course as a result of one or more transfers of that status in accordance with regulations made under section 22 of the Act. (5) The conditions referred to in paragraph (4) are that the course was a full-time higher education course provided by an institution in the United Kingdom and -
(b) any scholarship, exhibition, bursary, grant, allowance or award of any description which was available in respect of the student's attendance on the course to defray fees was paid out of public funds or funds attributable to public funds by any person or body, public or private. (6) The general rule in paragraph (3) does not apply where -
(ii) the duration of the present course does not exceed two years (the duration of a part-time course being expressed as its full-time equivalent); and (iii) the eligible student is not a qualified teacher; (b) the eligible student has attended only one previous course and his period of attendance on that course did not exceed one academic year (a period of attendance on a course to which the student transferred from the previous course being treated as a continuation of the previous course);
(ii) unless the first academic year of the present course began before 1st September 2000, none of the previous courses was an accelerated course leading to a first degree; or (d) the Secretary of State is satisfied that -
(ii) a grant for fees was paid in connection with the student's attendance on the latest course under regulations made pursuant to section 22 of the Act or would have been paid if the contribution in respect of the student had been lower or nil. (7) Where paragraph (6)(c) applies, the Secretary of State may determine that the eligible student does not qualify for a grant for fees in respect of any academic year of the present course other than -
(b) the final year of a course of two or three years' duration; or (c) the final two years of a course of four or more years' duration. (8) For the purposes of paragraph (6)(c), where a student ceases to attend one previous course without completing it and -
(b) transfers to another course at another institution with the consent of the academic authority of that institution, the courses to and from which the student transfers shall be treated as one course the duration of which is the aggregate of the period spent following the first course and the period which the student in question would ordinarily require for the completion of the second course, in the case of either course being a sandwich course ignoring any periods of work experience.
(b) in relation to that year he is eligible to receive a Scottish healthcare allowance the amount of which is calculated by reference to his income; (c) he is participating in the action scheme of the European Community for the mobility of university students known as ERASMUS[38] and -
(ii) all the periods of study during the academic year are at an institution outside the United Kingdom; or (d) he is undertaking a flexible postgraduate ITT course. (10) Where the eligible student repeats -
(b) any part of his course other than the first year or part of the first year of his course the Secretary of State shall determine whether the student qualifies for a grant for fees in respect of the academic year during which he repeats.
(ii) from a designated course at one institution to the present designated course at another institution, with the consent of the academic authority of that institution; (b) the necessary recommendation or consent to the transfer to the present course is given after the first day on which the student was required to start attending the second academic year of the first of the courses in sub-paragraph (a) in respect of which he was determined to be an eligible student (the "first course"); (12) For the purposes of paragraph (11) -
(b) in determining the value of A and B -
(ii) periods of work experience which form part of a sandwich course are not included; (iii) where the student has only once repeated the first year or part of the first year of any course referred to in sub-paragraph (c), the repeated year or the part of the year which is repeated is not included; (c) B is the duration of whichever of the following courses is the longest -
(ii) the present course; (iii) any intervening course; (d) the final academic year of the present course is the academic year during which the student is expected to complete the course; (13) Where paragraph (11) applies, the eligible student shall not qualify for a grant for fees in respect of the number of academic years by which A exceeds B.
(b) the student shall not qualify for a grant for fees in respect of any academic year beginning before the academic year in which the relevant event occurred. (16) The events referred to in paragraph (15) are -
(b) the student, his spouse, his civil partner or his parent is recognised as a refugee or is granted leave to enter or remain as mentioned in paragraph 3 of Schedule 2; or (c) the student becomes a person mentioned in paragraph 7 of Schedule 2 as a result of the accession of the state of which he is a national to the European Community. (17) Subject to paragraph (8), any reference in this regulation to the duration of a course is a reference to the period ordinarily required for its completion by a student who is not excused from part of the course on account of his having attended a previous course, in the case of a sandwich course ignoring periods of work experience.
(b) for the final year of the course where that year is ordinarily required to be completed after less than 15 weeks' attendance, £570; (c) for the academic year of a sandwich course during which any periods of full-time study are in aggregate less than 10 weeks, £570; (d) for the academic year of a course referred to in paragraph 4 of Schedule 3 during which any periods of full-time study are in aggregate less than 10 weeks, £570; (e) for the academic year of a course provided in conjunction with an overseas institution during which the periods of full-time study at the institution in the United Kingdom are in aggregate less than 10 weeks, £570; (f) in the case of a sandwich course or a course provided in conjunction with an overseas institution where the periods of full-time study at the institution in the United Kingdom are 10 weeks or more, but in respect of the academic year and any previous such academic years the aggregate of any one or two periods of attendance which are not periods of full-time study at the institution (disregarding intervening vacations) exceeds 30 weeks, £570; or (g) in the case of a course provided by the British Institute in Paris which began before 1st September 2001, £570. (3) Subject to paragraph (4), the amount of the grant for fees in respect of an academic year of a course at an institution which is not publicly funded shall be equal to the fees payable by the eligible student in respect of, or otherwise in connection with, his attendance on the designated course for that academic year.
(ii) otherwise, £1,100; (b) in the case of a course at the University of Buckingham, £2,770, in the case of a course at the Guildhall School of Music, £4,250, and in the case of a course at Heythrop College, £2,095. (5) For the purposes of this regulation, an institution which provides courses designated by regulation 4 of the Education (Student Support) (Dance and Drama) Regulations 1999[39] shall not be regarded as publicly funded by reason only that it receives public funds from the governing body of a higher education institution in accordance with section 65(3A) of the Further and Higher Education Act 1992. General qualifying conditions for grants for living costs 13. - (1) An eligible student shall qualify for a grant for living costs under this Part provided that -
(b) he satisfies the qualifying conditions for the particular grant for living costs for which he is applying. (2) An eligible student shall not qualify for a grant for living costs under this Part if the only paragraph from 1 to 7 of Schedule 2 into which he falls is paragraph 7.
(b) during which he is eligible to receive a Scottish healthcare allowance the amount of which is calculated by reference to his income; or (c) of a course referred to in paragraph 4 of Schedule 3 during which the periods of full-time attendance, including attendance for the purpose of teaching practice, are in aggregate less than 6 weeks. (4) Paragraph (3)(c) does not apply for the purposes of regulation 14.
(b) unpaid service with a local authority in the United Kingdom acting in the exercise of their 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; (c) unpaid service in the prison or probation and aftercare service in the United Kingdom; (d) unpaid research in an institution in the United Kingdom or, in the case of a student attending an overseas institution as part of his course, in an overseas institution; or (e) unpaid service with -
(ii) a Health Board or a Special Heath Board constituted under section 2 of the National Health Service (Scotland) Act 1978[42]; or (iii) a Health and Social Services Board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972[43]. (7) Where a student becomes an eligible student during the course of an academic year as a result of one of the events listed in paragraph (8), he may qualify for a particular grant for living costs in accordance with this Part in respect of that academic year but he shall not qualify for a grant for living costs in respect of any academic year beginning before the academic year in which the relevant event occurred.
(b) the student, his spouse, his civil partner or his parent is recognised as a refugee or is granted leave to enter or remain as mentioned in paragraph 3 of Schedule 2. Grants for disabled students' living costs
(b) £4,680 in respect of all the academic years during the period of eligibility for expenditure on major items of specialist equipment; (c) the additional expenditure incurred -
(ii) within or outside the United Kingdom for the purpose of attending, as a part of his course, any period of study at an overseas institution or for the purpose of attending the British Institute in Paris; (d) £1,565 in respect of an academic year for any other expenditure including expenditure incurred for the purposes referred to in sub-paragraph (a) or (b) which exceeds the specified maxima. (5) Where the eligible student has received payments to assist with expenditure on major items of specialist equipment in connection with the course by virtue of holding a transitional award, the maximum amount of grant under paragraph (4)(b) shall be reduced by the amount of those payments.
(b) in any academic year of that course, the periods of full-time attendance (including attendance for the purpose of teaching practice) are in aggregate less than 6 weeks. Grants for students who have left care
(b) the eligible student falls within paragraph 2(f) of Schedule 5; and (c) in the opinion of the Secretary of State, the eligible student is subject to greater financial hardship by virtue of falling within paragraph 2(f) of Schedule 5 than he would otherwise have been. (3) Subject to paragraph (4), the amount of grant shall be such amount as the Secretary of State considers appropriate in the circumstances.
(b) during no part of which week the student attends his course. Grants for dependants - general
(b) childcare grant; (c) parents' learning allowance. (2) The qualifying conditions for each element and the amounts payable are set out in regulations 17 to 20.
(b) an adult dependant of the eligible student whose net income does not exceed £3,445. (3) Where an eligible student maintains the person in respect of whom he is applying for adult dependants' grant, the student shall not qualify for the grant unless that person is ordinarily resident in the United Kingdom for six months or more of the academic year in respect of which the eligible student is applying for support.
(ii) holds a statutory award; and (b) account is taken of that partner's dependants in calculating the amount of support for which that partner qualifies or the payment to which he is entitled under the statutory award. Grants for dependants - childcare grant
(b) the child has special educational needs within the meaning of section 312 of the Education Act 1996[44] and is under the age of 17 immediately before the beginning of the academic year. (3) An eligible student shall not qualify for a grant under this regulation if he or his partner has elected to receive the childcare element of the working tax credit under Part I of the Tax Credits Act 2002[45].
(b) for two or more dependent children, 85 per cent. of the costs of the childcare, subject to a maximum amount of £170 per week except that the student shall 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.
(b) where a week in respect of which childcare costs 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 shall be calculated by multiplying the relevant maximum weekly amount in paragraph (4) by the proportion which the number of days of that week falling within the academic year bears to the number of days in a week. (6) The amount of childcare grant calculated under regulation 20 shall be reduced by one half where -
(ii) holds a statutory award; and (b) account is taken of that partner's dependants in calculating the amount of support for which that partner qualifies or the payment to which he is entitled under the statutory award. (7) In this regulation -
Grants for dependants - parents' learning allowance
(b) to reduce the basic amount of the childcare grant for the academic year where the eligible student qualifies for that element under regulation 18; and (c) to reduce the basic amount of the parents' learning allowance where the eligible student qualifies for that element under regulation 19. (2) Subject to paragraphs (4) and (5), where B is greater than or equal to A, the basic amount of each element of the grant for dependants for which the eligible student qualifies is payable.
£4,195 where the eligible student is not a lone parent and has more than one dependent child; £4,195 where the eligible student is a lone parent and has one dependent child; £5,250 where the eligible student is a lone parent and has more than one dependent child. (8) Paragraphs (9) to (12) apply where, in the course of the academic year, any of the following occurs -
(b) a person becomes or ceases to be a dependant of the eligible student; (c) the eligible student becomes or ceases to be a lone parent; (d) a student becomes an eligible student as a result of an event referred to in regulation 13(8). (9) For the purposes of determining the respective values of A and B and whether adult dependants' grant or parents' learning allowance is payable, the Secretary of State shall determine the following in relation to each relevant quarter by reference to the student's circumstances in the relevant quarter -
(b) who those dependants are; (c) whether the student is to be treated as a lone parent. (10) The amount of grant for dependants for the academic year is the aggregate of the amounts of adult dependants' grant and parents' learning allowance calculated in respect of each relevant quarter under paragraph (11) and the amount of any childcare grant for the academic year.
(b) otherwise, a quarter other than the one quarter during which, in the opinion of the Secretary of State, the longest of any vacation occurs. Grants for dependants - interpretation
(b) "child" in relation to an eligible student includes any child of his partner and any child for whom he has parental responsibility where those children are dependent on him; (c) "dependant" means, in relation to an eligible student, his partner, his 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) "lone parent" means an eligible student who does not have a partner and who has a dependent child or dependent children; (f) "net income" has the meaning given in paragraph (2); (g) subject to sub-paragraphs (h), (i) and (j), "partner" means any of the following -
(ii) the civil partner of an eligible student; (iii) a woman ordinarily living with a male eligible student as if she were his wife where an eligible student falls within paragraph 2(a) of Schedule 5 and begins the designated course on or after 1st September 2000; (iv) a man ordinarily living with a female eligible student as if he were her husband where an eligible student falls within paragraph 2(a) of Schedule 5 and begins the designated course on or after 1st September 2000; (v) a person ordinarily living with an eligible student as if he were his civil partner where an eligible student falls within paragraph 2(a) of Schedule 5 and begins the designated course on or after 1st September 2005; (h) a person who would otherwise be a partner under sub-paragraph (g) shall not be treated as a partner if -
(ii) the person is ordinarily living outside the United Kingdom and is not maintained by the eligible student; (i) for the purposes of sub-paragraph (a), a person shall be treated as a partner if he would be a partner under sub-paragraph (g) but for the fact that the eligible student with whom he is ordinarily living does not fall within paragraph 2(a) of Schedule 5; (2) Subject to paragraph (3), a dependant's net income is his income from all sources for the academic year in question reduced by the amount of income tax and social security contributions payable in respect of it but disregarding -
(b) child benefit payable under Part IX of the Social Security Contributions and Benefits Act 1992[48]; (c) any financial support payable to the dependant by a local authority in accordance with regulations made under paragraph 3 of Schedule 4 to the Adoption and Children Act 2002[49]; (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 in the care of a local authority is boarded out, any payment made to that dependant in pursuance of section 23 of the Children Act 1989[50]; (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; and (g) any child tax credit to which the dependant is entitled under Part I of the Tax Credits Act 2002. (3) Where an eligible student or his partner makes any recurrent payments which were previously made by the student in pursuance of an obligation incurred before the first academic year of the student's course, the partner's net income is the net income calculated in accordance with paragraph (2) reduced by -
(b) such lesser amount, if any, as the Secretary of State considers appropriate if, in her opinion, a lesser obligation could reasonably have been incurred. Grants for travel
(b) does not include any expenditure in respect of which a grant is payable under regulation 14. (6) Where an eligible student attends for a period of at least eight weeks as part of his course an overseas institution or the British Institute in Paris and he reasonably incurs any expenditure in insuring against liability for the cost of medical treatment provided outside the United Kingdom for any illness or bodily injury contracted or suffered during that period he shall qualify for additional grant under this regulation equal to the amount so incurred.
(b) in any case where the household income exceeds £15,580 and does not exceed £21,565, for every complete £6.30 by which the household income exceeds £15,580 he shall receive £1 less than the maximum amount of grant available; and (c) in any case where the household income exceeds £21,565, no grant shall be payable under this regulation. (6) For the purposes of paragraph (5), an eligible student's household income shall be calculated pursuant to Schedule 5. Qualifying conditions for loans for living costs 24. - (1) An eligible student shall qualify for a loan for living costs in connection with his attendance on a designated course if he satisfies the conditions in paragraph (2) and is not excluded by paragraph (3). (2) The conditions referred to in paragraph (1) are that the eligible student is -
(b) aged 50 or over and under the age of 55 on that day, if the Secretary of State is satisfied that he intends -
(ii) to undertake another higher education course immediately after completing his present course, disregarding any intervening vacation. (3) An eligible student shall not qualify for a loan for living costs if the only paragraph from 1 to 7 of Schedule 2 into which he falls is paragraph 7.
(b) he shall not qualify for a loan for living costs in respect of any academic year beginning before the academic year in which the relevant event occurred. (5) The events referred to in paragraph (4) are -
(b) the student, his spouse, his civil partner or his parent is recognised as a refugee or is granted leave to enter or remain as mentioned in paragraph 3 of Schedule 2. Maximum amount of loans
(b) for a student in category B, £5,175; (c) for a student in category C, £5,125; (d) for a student in category D, £5,125; (e) for a student in category E, £4,195. (2) Subject to the following paragraphs, the amount of loan for living costs in respect of an academic year which is the final year of a course other than an accelerated course shall not exceed -
(b) for a student in category B, £4,490; (c) for a student in category C, £4,460; (d) for a student in category D, £4,460; (e) for a student in category E, £3,645. (3) Subject to paragraph (4), where an eligible student resides at his parents' home and the Secretary of State is satisfied that in all the circumstances his parents by reason of age, incapacity or otherwise cannot reasonably be expected to support him and that it would be appropriate for an amount referred to in paragraphs (1)(b) to (e) or (2)(b) to (2)(e) to apply, the student shall be treated as if he were not residing at his parents' home.
(b) the maximum amount of loan for each such quarter is one third of the maximum amount of loan which would apply for the academic year if the student fell into the category which applies to the relevant quarter for the duration of the academic year; and (c) subject to paragraph (8), the category which applies to a quarter is -
(ii) if the student falls into more than one category for an equal period in that quarter, the category with the higher or highest rate of loan for the academic year. (8) Category C cannot be the category applicable to a quarter unless the student is attending an overseas institution for at least half of the period covered by that quarter.
(b) the maximum amount of loan payable is the aggregate of the maximum amount of loan for each quarter in respect of which the student qualifies for support under this paragraph; and (c) the maximum amount of loan for each such quarter is one third of the maximum amount of loan which would apply for the academic year if the student fell into the category which applies to the relevant quarter for the duration of the academic year. (10) For the purposes of paragraphs (1) to (9) where a postgraduate course of initial training for teachers is of only one academic year's duration that year shall not be treated as a final year.
(b) for a student in category B, by £96; (c) for a student in category C, by £104; (d) for a student in category D, by £104; (e) for a student in category E, by £75. (12) Where an eligible student attends his course for a period of not less than 45 weeks in any continuous period of 52 weeks the amounts referred to in paragraphs (1) and (2) shall in addition be increased for each week during the 52 week period during which he did not attend by the amounts referred to in paragraph (11).
and
(14) Where in relation to an academic year an eligible student does not qualify for a grant for living costs by virtue of regulation 13(3)(c) or 13(5) he may qualify for a loan for living costs in accordance with this Part but -
and
(15) Where in relation to an academic year an applicant applies for a loan and opts not to provide details of the income of his household, he may qualify for a loan in accordance with this Part but -
and
(16) A deduction may be made from the loan for living costs in accordance with regulation 30.
(b) a student is in category B if he is not in category A and he attends one or more of the following -
(ii) a course at an institution which requires attendance for at least half the time in aggregate of any quarter of the course in the academic year at a site wholly or partly within the area comprising the City of London and the former Metropolitan Police District; or (iii) a sandwich course at an institution which requires the eligible student to undertake work experience or a combination of work experience and study provided that he undertakes such work experience or combination of work experience and study for at least half the time in aggregate of any quarter of the course in the academic year at a site or sites wholly or partly within the area comprising the City of London and the former Metropolitan Police District; (c) a student is in category C if he is not in category A and he attends an overseas institution as part of his course for at least eight consecutive weeks in the academic year; Additional amount of loans
(b) the Secretary of State considers that the increase in the maximum amount does not result from the eligible student -
(ii) providing information which is inaccurate in any material particular. (2) The additional amount under paragraph (1) is an amount which when added to the amount already applied for does not exceed the increased maximum.
(b) there shall not be included in a person's bankruptcy debts any debt or liability to which he is or may become subject in respect of any sum payable to an eligible student by way of a loan and which he receives or is entitled to receive -
(ii) in the case of a bankruptcy commencing on or after 1st September 2004, before or after the commencement of the bankruptcy. (2) In Northern Ireland -
(b) there shall not be included in a person's bankruptcy debts any debt or liability to which he is or may become subject in respect of any sum payable to an eligible student by way of loan and which he receives or is entitled to receive -
(ii) in the case of a bankruptcy commencing on or after 1st March 2005, before or after the commencement of the bankruptcy. Calculation of contribution 29. - (1) An eligible student's contribution in respect of an academic year is the amount, if any, calculated under Schedule 5. (2) For the purposes of the exercise of the Secretary of State's functions under the Act and regulations made under it she may require an eligible student to provide from time to time such information as she considers necessary as to the income of any person whose means are relevant to the assessment of the student's contribution. Application of contribution 30. - (1) An amount equal to the contribution calculated under Schedule 5 shall be applied until it is extinguished against the amount of the particular grants and loans for which the eligible student qualifies as follows -
(b) second, to reduce ADG; (c) third, to reduce CCG; (d) fourth, to reduce PLA; (e) fifth, to reduce LLC to no less than the minimum level for the academic year; (f) sixth, to reduce GFT. (2) In this regulation -
(ii) at a course referred to in paragraph 4 of Schedule 3 (other than a course for a first degree); (b) GFF is £1,175 where -
(ii) the student does not qualify for a grant for fees because of regulation 11(9)(c); (c) ADG is the amount, if any, of the adult dependants' grant calculated in accordance with regulation 20; (3) Subject to paragraphs (4) and (5), the "minimum level for the academic year" is -
(b) £3,880, in the case of a student in category B; (c) £3,845, in the case of a student in category C; (d) £3,845, in the case of a student in category D; (e) £3,145, in the case of a student in category E; (4) Subject to paragraph (5), where the academic year in question is the final year of a course other than an accelerated course, the "minimum level for the academic year" is -
(b) £3,370, in the case of a student in category B; (c) £3,345, in the case of a student in category C; (d) £3,345, in the case of a student in category D; (e) £2,735, in the case of a student in category E. (5) Where under regulation 25(7) different categories apply for different quarters of the academic year, the minimum levels in paragraphs (3) and (4) shall be the aggregate of the amounts determined under paragraph (6) for each of the three quarters in respect of which a loan is payable. Payment of grants for fees 31. - (1) The Secretary of State shall pay the grant for fees for which a student qualifies after a valid request for payment has been received from the academic authority. (2) Payment shall be made to the academic authority -
(b) not later than 10 weeks after the expiry of the period in sub-paragraph (a), or promptly after a valid request for payment has been received, if that is later. (3) Where assessment of the student's contribution or other matters have delayed the final calculation of the amount of grant for which the student qualifies, the Secretary of State may make a provisional assessment.
(b) the academic authority has determined or agreed that the student will not commence attending again during the academic year in respect of which the fees are payable or at all. Payment of grants and loans for living costs
(b) if the determination decreases the amount of that grant for which the student qualifies she shall subtract the amount of the decrease from the amount of that grant which remains to be paid; (c) if the amount of the decrease is greater than the amount of that grant remaining to be paid the latter amount shall be reduced to nil and the balance subtracted from any other grant for living costs for which the student qualifies in respect of the academic year; (d) any remaining overpayment shall be recovered in accordance with regulation 33. (10) Where the Secretary of State has made any payment of support under Part 5 or Part 6 and a student who qualifies for a loan under Part 6 applies for such a loan or applies for an additional amount of loan in respect of an academic year, the Secretary of State shall pay the loan or the additional amount of loan in such instalments (if any) and at such times as she considers appropriate as soon as is reasonably practicable after a satisfactory application has been received.
(b) if the amount to be subtracted is greater than the amount of loan remaining to be paid, the latter amount shall be reduced to nil; (c) any remaining overpayment shall be recovered in accordance with regulation 33. Overpayments
(b) by taking such other action for the recovery of an overpayment as is available to her. (4) Any overpayment of a loan for living costs in respect of any academic year may be recovered if in the opinion of the Secretary of State -
(b) any information which the student has provided is inaccurate in a material particular; or (c) the student has failed to provide information which the Secretary of State considers to be material in the context of the recovery of the loan. (5) Where an overpayment of a loan for living costs is recoverable in accordance with paragraph (4), it may be recovered in whichever one or more of the following ways the Secretary of State considers appropriate in all the circumstances -
(b) by taking such other action for the recovery of an overpayment as is available to her. (6) Where there has been an overpayment of a loan which is not recoverable under paragraph (4), the Secretary of State may subtract the overpayment from the amount of any loan payable to the student from time to time pursuant to regulations made under section 22 of the Act. Eligible part-time students 34. - (1) An eligible part-time student shall qualify for support in connection with his undertaking a designated part-time course subject to and in accordance with this Part. (2) A person is an eligible part-time student in connection with a designated part-time course if -
(b) the person is not excluded by paragraph (3). (3) A person shall not be an eligible part-time student if -
(ii) any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 1992[55]; or (iii) a Scottish healthcare allowance whether or not the amount of such allowance is calculated by reference to his income; (b) he is in breach of any obligation to repay any loan; (4) Paragraph (3)(e) shall not apply in respect of an academic year during which the student enters prison to serve a custodial sentence or is released from prison having served such a sentence.
(b) with the concurrence of the borrower's curator or at a time when he had no curator. (7) An eligible part-time student shall not qualify for support under regulation 37(1)(b) or regulation 38 if the only paragraph from 1 to 7 of Schedule 2 into which he falls is paragraph 7.
(b) under regulation 37(1)(b) or 38 unless he undertakes the designated part-time course in the United Kingdom. (9) An eligible part-time student shall not qualify for support under regulation 37 if he has undertaken one or more part-time courses for eight academic years in aggregate and he has received in respect of each of those academic years a loan or a grant of the kind described in paragraph (10).
(b) a loan, a grant in respect of fees or a grant for books, travel and other expenditure each made in respect of an academic year of a part-time course by the Department for Employment and Learning (Northern Ireland) pursuant to regulations made under Articles 3 and 8(4) of the Education (Student Support) (Northern Ireland) Order 1998[56]; or (c) a loan in respect of an academic year of a part-time course made pursuant to regulations made under sections 73(f), 73B and 74(1) of the Education (Scotland) Act 1980[57]. (11) An eligible part-time student shall not qualify for support under regulation 37 if he holds a first degree from an educational institution in the United Kingdom.
(b) the course was undertaken at an educational institution in the United Kingdom; and (c) the eligible part-time student is registered to continue the course at the same educational institution after the award of his degree so as to obtain an honours degree on completion of the required modules, examinations or other form of assessment. (13) Where a student becomes an eligible part-time student during the course of an academic year as a result of one of the events listed in paragraph (14), he may qualify for support in accordance with this Part in respect of that academic year but he shall not qualify for support under this Part in respect of any academic year beginning before the academic year in which the relevant event occurred.
(b) the student, his spouse, his civil partner or his parent is recognised as a refugee or is granted leave to enter or remain as mentioned in paragraph 3 of Schedule 2. (15) Notwithstanding paragraph (2), a person shall be an eligible part-time student for the purposes of this Part if -
(b) the Secretary of State has previously determined that the person is -
(ii) an eligible part-time student in connection with a designated part-time course other than the present course and the student's status as an eligible student or as an eligible part-time student in connection with that course has been converted or transferred from that course to the present course as a result of one or more conversions or transfers in accordance with regulations made under section 22 of the Act. (16) An eligible part-time student shall not, at any one time, qualify for support for -
(b) a designated part-time course and a designated course; (c) a designated part-time course and a designated postgraduate course. Designated part-time courses
(b) it is of at least one academic year's duration and does not exceed twice the period normally required to complete a full-time course leading to the same qualification; (c) it is wholly provided by a publicly-funded educational institution or institutions in the United Kingdom or is provided by such institution or institutions in conjunction with an institution or institutions outside the United Kingdom; and (d) it is not designated by or under regulation 5. (2) A course falling within paragraph 6 or 7 of Schedule 3 is not a designated part-time course where the governing body of a maintained school has arranged for the provision of such a course to a pupil of the school.
(b) a university and any constituent college or institution in the nature of a college of a university shall be regarded as publicly funded if either the university or the constituent college or institution is publicly funded; and (c) an institution shall not be regarded as publicly funded by reason only that it receives public funds from the governing body of a higher education institution in accordance with section 65(3A) of the Further and Higher Education Act 1992[58]. (4) For the purposes of section 22 of the Act and regulation 34(1) the Secretary of State may designate courses of higher education which are not designated by paragraph (1).
(b) abandons or is expelled from his designated part-time course. (5) The Secretary of State may terminate the period of eligibility where the eligible part-time student has shown himself by his conduct to be unfitted to receive support.
(b) determine that the student no longer qualifies for any particular support or particular amount of support; (c) treat any support paid to the student as an overpayment which may be recovered under regulation 45. Assistance for part-time courses
(ii) the "actual fees", being the amount of fees charged in respect of an academic year of the designated part-time course; and (b) a grant not exceeding £250 for books, travel and other expenditure in connection with the designated part-time course. (2) The basic grant varies according to the intensity of study.
(b) £710 where the intensity of study is 60 per cent. or more but less than 75 per cent. ("level 2"); (c) £885 where the intensity of study is 75 per cent. or more ("level 3"). (5) Subject to paragraphs (6) and (7), the amount of assistance payable in respect of an academic year is as follows -
(ii) under Part 1 of the Jobseekers Act 1995[60] to income-based jobseekers allowance or under section 2 of the Employment and Training Act 1973[61] to new deal allowance; (b) where the relevant income is less than £14,970, the maximum amount of assistance available under paragraph (1) is payable; (6) Where paragraph (5)(d) applies, the amount of assistance payable under paragraph (1)(a) shall be determined by deducting from the maximum amount of assistance available under paragraph (1)(a) one of the following amounts -
(b) where the basic grant is greater than the actual fees, an amount equal to that left after deducting from the amount calculated under sub-paragraph (a) the difference between the basic grant and the actual fees (unless the amount is a negative number in which case the maximum amount of assistance available under paragraph (1)(a) is payable). (7) Where under regulation 41 a student receives assistance in relation to more than one designated part-time course in an academic year, the maximum amount of assistance under paragraph (1)(a) for that year is the amount of the basic grant for the course with the highest intensity of study that the student undertakes in that academic year.
(b) "current financial year" means the financial year which includes the first day of the academic year in respect of which a person is being assessed for assistance; (c) "dependent" means wholly or mainly financially dependent; (d) "financial year" means the period of twelve months for which the income of the eligible part-time student is computed for the purposes of the income tax legislation which applies to it; (e) "income" means gross income from all sources excluding any tax credits awarded pursuant to any claims under section 3 of the Tax Credits Act 2002; (f) subject to sub-paragraph (g), "partner" means any of the following -
(ii) the civil partner of an eligible part-time student; (iii) a woman ordinarily living with a male eligible part-time student as if she were his wife where an eligible part-time student is aged 25 or over on the first day of the academic year in respect of which he is being assessed for assistance and where he began the designated part-time course before 1st September 2005; (iv) a man ordinarily living with a female eligible part-time student as if he were her husband where an eligible part-time student is aged 25 or over on the first day of the academic year in respect of which she is being assessed for assistance and where she began the designated part-time course before 1st September 2005; (v) a person ordinarily living with an eligible part-time student as if he were his spouse or civil partner where an eligible part-time student begins the designated part-time course on or after 1st September 2005; (g) a person who would otherwise be a partner under sub-paragraph (f) shall not be treated as a partner if -
(ii) the person is ordinarily living outside the United Kingdom and is not maintained by the eligible part-time student; (h) "preceding financial year" means the financial year immediately preceding the current financial year; (9) For the purposes of this regulation -
(ii) £2,000 in respect of the only or eldest child who is dependent on the student or his partner; and (iii) £1,000 in respect of each other child who is dependent on the student or his partner; (b) where the Secretary of State is satisfied that an eligible part-time student's financial resources in the preceding financial year are greater than his financial resources in the current financial year and that the difference between the two amounts is £1,000 or more, she may assess that student's financial resources under sub-paragraph (a) by reference to those resources in the current financial year; Grants for disabled part-time students' living costs
(b) £4,680 in respect of all the academic years during the period of eligibility for expenditure on major items of specialist equipment; (c) the additional expenditure incurred -
(ii) within or outside the United Kingdom for the purpose of attending, as a part of his course, any period of study at an overseas institution or for the purpose of attending the British Institute in Paris; (d) £1,170 in respect of an academic year for any other expenditure including expenditure incurred for the purposes referred to in sub-paragraph (a) or (b) which exceeds the specified maxima. Applications for support
(b) the applicant, his spouse, his civil partner or his parent is recognised as a refugee or has been granted leave to enter or remain as mentioned in paragraph 3 of Schedule 2 after the first day of the academic year in respect of which the applicant is applying for support, in which case the application must reach the Secretary of State within a period of six months beginning with the day of recognition or the day the leave was granted, respectively; or (c) the applicant is applying for support under regulation 38, in which case the application must reach the Secretary of State as soon as is reasonably practicable; (d) the Secretary of State considers that having regard to the circumstances of the particular case the time limit should be relaxed, in which case the application must reach the Secretary of State not later than such date as she specifies. (4) The Secretary of State may take such steps and make such inquiries as she considers necessary to determine whether the applicant is an eligible part-time student, whether he qualifies for support and the amount of support payable, if any.
(b) she is satisfied that one or more of the grounds for transfer in paragraph (2) applies; and (c) the period of eligibility has not expired or been terminated. (2) The grounds for transfer referred to in paragraph (1) are -
(b) the eligible part-time student starts to undertake a designated part-time course at another institution; or (c) after commencing a designated part-time course for a first degree (other than an honours degree) the eligible part-time student is, before the completion of that course, admitted to a designated part-time course for an honours degree in the same subject or subjects at the institution. (3) Subject to paragraph (4), an eligible part-time student who transfers under paragraph (1) shall, for the remainder of the academic year in which he transfers, continue to receive in connection with the course to which he transfers the support for which the Secretary of State has determined he qualifies in respect of the course from which he transfers.
(b) the period of eligibility has not expired or been terminated. (2) Where, before completing the designated course, the student transfers to a part-time course in the same subject or subjects leading to the same qualification at the same institution, the part-time course shall be treated as satisfying regulation 35(1)(b) if the period of part-time study to be undertaken by the student is of at least one academic year's duration and does not exceed twice the period normally required to complete the remainder of the designated course from which the student transfers.
(b) the maximum amount of grant to which the student would, apart from this regulation, be entitled pursuant to regulation 38 in connection with his undertaking a designated part-time course in respect of that academic year shall be reduced by one third where the student became an eligible part-time student during the second quarter of the academic year and by two thirds where he became such a student in a later quarter of that year; (c) where an amount of grant for any purpose has been paid to the student under regulation 14 in a single instalment, the maximum amount of grant payable to him pursuant to regulation 38 for that purpose shall be reduced (or, where sub-paragraph (b) applies, further reduced) by the amount of grant paid to him for that purpose pursuant to regulation 14, and where the resulting amount is nil or a negative amount that amount shall be nil; and (d) where immediately before he became an eligible part-time student he was eligible to apply, but had not applied, for a loan for living costs in respect of that year, or had not applied for the maximum amount or increased maximum for which he was entitled, he may apply for such a loan or such additional amount of loan as if he had continued to be an eligible student; and in the circumstances mentioned in paragraph (4) the maximum or increased maximum amount of such loan for the academic year shall be reduced in accordance with that paragraph. (4) Where the request under paragraph (1) is made during the first quarter of the academic year in respect of which the loan is payable the maximum amount or increased maximum amount of loan (as the case may be) shall be reduced by two thirds, and where the request is made during the second quarter of that year that amount shall be reduced by one third.
(b) the period of eligibility has not expired or been terminated. (6) The following applies to a student who transfers under paragraph (5) -
(b) any support to which the student is entitled under this Part in respect of the academic year in which the student transfers shall be ignored in determining the amount of support to which he may be entitled in respect of that year under Parts 4 to 6; (c) the maximum amount of any support under Part 5 or 6 to which the student would, apart from this regulation, be entitled in connection with a designated course in respect of that academic year shall be reduced by one third where the student became an eligible student during the second quarter of that academic year and by two thirds where he became such a student in a later quarter of that year; and (d) where an amount of grant for any purpose has been paid to the student pursuant to regulation 38 in a single instalment, the maximum amount of grant payable to him under regulation 14 for that purpose shall be reduced (or, where sub-paragraph (c) applies, further reduced) by the amount of grant paid to him for that purpose pursuant to regulation 38 and where the resulting amount is nil or a negative amount that amount shall be nil. Payment of support to eligible part-time students
(b) by taking such other action for the recovery of an overpayment as is available to her. Eligible postgraduate students 46. - (1) An eligible postgraduate student shall, subject to and in accordance with this Part, qualify for a grant to assist with the additional expenditure he is obliged to incur in connection with his undertaking a designated postgraduate course by reason of a disability to which he is subject. (2) A person is an eligible postgraduate student in connection with a designated postgraduate course if he satisfies the conditions in paragraph (3) and is not excluded by paragraph (4). (3) The conditions referred to in paragraph (2) are -
(b) the Secretary of State is satisfied that, by reason of a disability to which the person is subject, he will be obliged to incur additional expenditure in respect of his undertaking the course. (4) A person shall not be an eligible postgraduate student if -
(ii) any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 1992[62]; (iii) any allowance, bursary or award of similar description made by a Research Council; (iv) any allowance, bursary or award of similar description made by his institution which includes any payment for the purpose of meeting additional expenditure incurred by the student by reason of his disability; or (v) any allowance, bursary or award of similar description made by the General Social Care Council under section 67(4)(a) of the Care Standards Act 2000[63] which includes payment for meeting additional expenditure incurred by the student by reason of his disability; or (b) he has, in the opinion of the Secretary of State, shown himself by his conduct to be unfitted to receive support. (5) An eligible postgraduate student shall not qualify for a grant under this Part if the only paragraph from 1 to 7 of Schedule 2 into which he falls is paragraph 7.
(b) the following conditions are met -
(ii) the student's status as an eligible postgraduate student in connection with that course has been transferred from that course to the present course as a result of one or more transfers in accordance with regulations made under section 22 of the Act. (8) An eligible postgraduate student shall not, at any one time, qualify for support for -
(b) a designated postgraduate course and a designated course; (c) a designated postgraduate course and a designated part-time course. Designated postgraduate courses
(b) it is a course -
(ii) in the case of a part-time course, the duration of which does not exceed twice the period normally required to complete a full-time course leading to the same qualification; (c) it is wholly provided by a publicly-funded educational institution or institutions in the United Kingdom or is provided by such an institution or institutions in conjunction with an institution or institutions outside the United Kingdom; and (2) For the purposes of paragraph (1) -
(b) a university and any constituent college or institution in the nature of a college of a university shall be regarded as publicly funded if either the university or the constituent college or institution is publicly funded; and (c) an institution shall not be regarded as publicly funded by reason only that it receives public funds from the governing body of a higher education institution in accordance with section 65(3A)of the Further and Higher Education Act 1992[64]. (3) For the purposes of section 22 of the Act and regulation 46, the Secretary of State may designate courses of higher education which are not designated under paragraph (1).
(b) abandons or is expelled from his designated postgraduate course. (5) The Secretary of State may terminate the period of eligibility where the eligible postgraduate student has shown himself by his conduct to be unfitted to receive support.
(b) determine that the student no longer qualifies for a grant or any particular amount of grant; (c) treat any support paid to the student as an overpayment which may be recovered under regulation 54. Transfer of status
(b) she is satisfied that one or more of the grounds for transfer in paragraph (2) applies; and (c) the period of eligibility has not expired or been terminated. (2) The grounds for transfer referred to in paragraph (1) are -
(b) the eligible postgraduate student starts to undertake a designated postgraduate course at another institution with the consent of the academic authority of that institution. (3) Subject to paragraph (4), an eligible postgraduate student who transfers under paragraph (1) shall, for the remainder of the academic year in which he transfers, continue to receive in connection with the course to which he transfers the support for which the Secretary of State has determined he qualifies in respect of the course from which he transfers.
(b) by taking such other action for the recovery of an overpayment as is available to her. Modifications applying while the Civil Partnership Act 2004 is not in force 55. - (1) During such time as section 1 of the Civil Partnership Act 2004 is not in force in England and Wales, these Regulations shall apply with the following modifications. (2) The following provisions shall not have effect -
(b) regulation 37(8)(f)(ii); (c) Schedule 5, paragraphs 1(i)(ii) and 1(j)(ii). (3) No account shall be taken of any reference to "civil partner" or "civil partnership" in the following provisions -
(b) regulation 9(2)(b); (c) regulation 11(16)(b); (d) regulation 13(8)(b); (e) regulation 21(1)(a); (f) regulation 24(5)(b); (g) regulation 34(14)(b); (h) regulation 39(3)(b); (i) Schedule 2, paragraphs 2, 3 and 5; (j) Schedule 5, paragraph 2(b). (4) For regulation 21(1)(g)(v), there shall be substituted -
(5) For regulation 37(8)(f)(v), there shall be substituted -
(6) For paragraph 1(i)(v) of Schedule 5, there shall be substituted -
(7) For paragraph 1(j)(v) of Schedule 5, there shall be substituted -
1.A person who on the first day of the first academic year of the course -
(b) meets the residence conditions referred to in paragraph 8. 2.A person who is a refugee, ordinarily resident in the United Kingdom and Islands, who has not ceased to be so resident since he was recognised as a refugee, or who is the spouse, civil partner or child of such a refugee, in each case who meets the residence condition in paragraph 8(a).
(b) has been granted leave to enter or to remain accordingly; and (c) has been ordinarily resident in the United Kingdom and Islands throughout the period since he was granted leave to enter or remain, or who is the spouse, civil partner, child or step-child of such a person, where the person or, as the case may be the spouse, civil partner, child or step-child meets the residence conditions referred to in paragraph 8.
(b) meets the residence conditions referred to in paragraph 8. 5.A person who is the spouse or civil partner of an EEA migrant worker and who -
(b) meets the residence conditions referred to in paragraph 8. 6.A person who is the child of an EEA migrant worker and who -
(b) meets the residence conditions referred to in paragraph 8. For the purposes of this paragraph, "parent" includes a guardian, any other person having parental responsibility for a child and any person having care of a child and "child" shall be construed accordingly.
(b) who meets the residence conditions referred to in paragraphs 8(b) and (c). 8.The residence conditions referred to above are that -
(b) the person has been ordinarily resident throughout the three-year period preceding the first day of the first academic year of the course, in the case of a person mentioned in paragraphs 1 or 3, in the United Kingdom and Islands or, in the case of a person mentioned in paragraphs 4, 5, 6 or 7, in the European Economic Area or Switzerland; and (c) his residence in the United Kingdom and Islands or in the European Economic Area or Switzerland, as the case may be, has not during any part of the period referred to in sub-paragraph (b) been wholly or mainly for the purpose of receiving full-time education. 1.A first degree course other than a course referred to in paragraph 4. 2.A course for the Diploma of Higher Education. 3.A course for the Higher National Diploma or Higher National Certificate of -
(b) the Scottish Qualification Authority. 4.A course for the initial training of teachers, including such a course leading to a first degree.
(b) the examination for the National Certificate or the National Diploma of either of the bodies mentioned in paragraph 3, not being a course for entry to which a first degree (or equivalent qualification) is normally required.
(b) not higher than that of a first degree course, and for entry to which a first degree (or equivalent qualification) is not normally required. 1.Every applicant, eligible student, eligible part-time student and eligible postgraduate student shall, as soon as reasonably practicable after he is requested to do so, provide the Secretary of State with such information as the Secretary of State considers she requires for the purposes of these Regulations. 2.Every applicant, eligible student, eligible part-time student and eligible postgraduate student shall forthwith inform the Secretary of State and provide her with particulars if any of the following occurs -
(b) he transfers to any other course at the same or at a different institution; (c) he ceases to undertake his course and does not intend to or is not permitted to continue it for the remainder of the academic year; (d) he is absent from his course for more than 60 days due to illness or for any period for any other reason; (e) the month for the start or completion of the course changes; (f) his home or term-time address or telephone number changes. 3.Information provided to the Secretary of State under these Regulations shall be in the format that the Secretary of State requires and, if she requires the information to be signed by the person providing it, an electronic signature in such form as the Secretary of State may specify shall satisfy such a requirement. Definitions 1.In this Schedule: -
(b) "financial year" means the period of twelve months in respect of which the income of a person whose residual income is calculated under the provisions of this Schedule is computed for the purposes of the income tax legislation which applies to it; (c) "household income" has the meaning given in paragraph 3; (d) "independent eligible student" has the meaning given in paragraph 2; (e) "Member State" means a Member State of the European Union; (f) "new eligible student" means an eligible student who begins a designated course on or after 1st September 2004; (g) "parent" means a natural or adoptive parent and "child", "mother" and "father" shall be construed accordingly; (h) "parent student" means an eligible student who is the parent of an eligible student; (i) "partner" in relation to an eligible student means any of the following -
(ii) the civil partner of an eligible student; (iii) a woman ordinarily living with a male eligible student as if she were his wife where an eligible student falls within paragraph 2(a) and he begins the designated course on or after 1st September 2000; (iv) a man ordinarily living with a female eligible student as if he were her husband where an eligible student falls within paragraph 2(a) and she begins the designated course on or after 1st September 2000; (v) a person ordinarily living with an eligible student as if he were his civil partner where an eligible student falls within paragraph 2(a) and he begins the designated course on or after 1st September 2005; (j) "partner" in relation to the parent of an eligible student means any of the following other than another parent of the eligible student -
(ii) the civil partner of an eligible student's parent; (iii) a woman ordinarily living with the father of an eligible student as if she were his wife; (iv) a man ordinarily living with the mother of an eligible student as if he were her husband; (v) a person ordinarily living with the parent of an eligible student as if he were the parent's civil partner; (k) "preceding financial year" means the financial year immediately preceding the relevant year;
(ii) the income tax legislation of another Member State which applies to the person's income; or (iii) where the legislation of more than one Member State applies to the period, the legislation under which the Secretary of State considers the person will pay the largest amount of tax in that period (except as otherwise provided in paragraph 5). Independent eligible student
(b) he has been married or is in a civil partnership before the beginning of the relevant year, whether or not the marriage or civil partnership is still subsisting; (c) he has no parent living; (d) the Secretary of State is satisfied that neither of his parents can be found or that it is not reasonably practicable to get in touch with either of them; (e) he has communicated with neither of his parents for the period of one year before the beginning of the relevant year or, in the opinion of the Secretary of State, he can demonstrate on other grounds that he is irreconcilably estranged from his parents; (f) he has pursuant to an order of a competent court been in the custody or care of, or has been provided with accommodation by, any legal person who is not the student's parent throughout any three-month period ending on or after the date on which he attains the age of 16 and before the first day of his course ("the relevant period") (provided that he has not in fact at any time during the relevant period been under the charge or control of his parents); (g) his parents are residing outside the European Community and the Secretary of State is satisfied that either -
(ii) it would not be reasonably practicable for those parents as a result of the calculation of any contribution under paragraph 8 to send any relevant funds to the United Kingdom; (h) paragraph 5(9) applies and the parent whom the Secretary of State considered the more appropriate for the purposes of that paragraph has died (irrespective of whether the parent in question had a partner);
(ii) he was in receipt of benefit payable by any relevant authority in respect of a person who is available for employment but who is unemployed; (iii) he was available for employment and had complied with any requirement of registration imposed by a relevant authority as a condition of entitlement for participation in arrangements for training or receipt of benefit; (iv) he held a State Studentship or comparable award; (v) he received any pension, allowance or other benefit paid by any person by reason of a disability to which he is subject, or by reason of confinement, injury or sickness; or (vi) he could not reasonably have been expected to support himself out of his earnings because he had the care of a person under the age of 18 years who was wholly or mainly financially dependent on him. Household income
(ii) in the case of a new eligible student who began his course on or after 1st September 2005, the residual income of the partner of the student's parent (provided that the Secretary of State has selected that parent under paragraph 5(9)); (b) in the case of an independent eligible student who has a partner, the residual income of the eligible student aggregated with the residual income of the eligible student's partner (subject to sub-paragraph (4)); or (3) In determining the household income under sub-paragraph (2), there shall be deducted the sum of £1,025 -
(b) for each child other than the eligible student wholly or mainly financially dependent on the eligible student's parent or the eligible student's parent's partner whose residual income is being taken into account. (4) For the purpose of calculating the contribution payable in respect of a parent student, the residual income of the parent student's partner shall not be aggregated under sub-paragraph (2)(b) in the case of a parent student whose child or whose partner's child holds an award -
(b) in respect of which a parental contribution is otherwise applicable with reference to the parent student or his partner. Calculation of eligible student's residual income
(b) the gross amount of any premium or other sum paid by the eligible student in relation to a pension (not being a pension payable under a policy of life insurance) in respect of which relief is given under section 273, 619 or 639 of the Income and Corporation Taxes Act 1988[67], or where the eligible student's income is computed for the purposes of the income tax legislation of another Member State, the gross amount of any such premium or sum in respect of which relief would be given if that legislation made provision equivalent to the Income Tax Acts. (2) Where the only paragraph from 1 to 7 of Schedule 2 into which an eligible student falls is paragraph 7 and his income arises from sources or under legislation different from sources or legislation normally relevant to a person referred to in paragraph 1 of Schedule 2, his income shall not be disregarded in accordance with sub-paragraph (1) but shall instead be disregarded to the extent necessary to ensure that he is treated no less favourably than a person who is referred to in any paragraph of Schedule 2 would be treated if in similar circumstances and in receipt of similar income.
(b) otherwise, the value of the sterling which the income would purchase using the rate for the month in which it is received published by the Office for National Statistics[68]. Calculation of parent's residual income
(b) pursuant to any enactment or rule of law under which payments which would otherwise under United Kingdom law form part of a person's income are not treated as such; or (c) under sub-paragraph (2) shall not be made or permitted.
(b) in any case where income is computed for the purposes of the Income Tax Acts by virtue of sub-paragraph (6) any sums equivalent to the deduction mentioned in sub-paragraph (a), provided that any sums so deducted shall not exceed the deductions which would be made if the whole of the eligible student's parent's income were in fact income for the purposes of the Income Tax Acts; (c) in the case of a parent student or an eligible student's parent who holds a statutory award, £1,025. (3) Where the Secretary of State is satisfied that the income of the parent in the financial year beginning immediately before the relevant year ("the current financial year") is, as a result of some event beyond his control, likely to be not more than 85 per cent. of the sterling value of his income in the preceding financial year she may, for the purpose of enabling the eligible student to attend the course without hardship, ascertain the household income for the current financial year.
(b) the income does not arise in the United Kingdom, or where the parent's income is computed as for the purposes of the income tax legislation of another Member State, does not arise in that Member State; or (c) the income arises from an office, service or employment, income from which is exempt from tax in pursuance of any legislation, his taxable income for the purposes of this Schedule shall be computed as though the income under this sub-paragraph were part of his income for the purposes of the Income Tax Acts or the income tax legislation of another Member State, as the case may be.
(b) where the parent dies during the relevant year, be the aggregate of -
(ii) the appropriate proportion of the household income determined by reference to the income of the surviving parent, being the proportion in respect of that part of the relevant year remaining after the death of the other parent. (9) Where the Secretary of State determines that the parents do not ordinarily live together throughout the relevant year, the household income shall be determined by reference to the income of whichever parent the Secretary of State considers the more appropriate under the circumstances.
(b) the appropriate proportion of the household income determined otherwise in respect of the remainder of the relevant year. Calculation of eligible student's partner's residual income
(b) in any case where the household income is less than £22,010 be nil. (2) In relation to an independent eligible student who does not have a partner, the contribution shall -
(b) in any case where the household income is less than £10,250 be nil. (3) The amount of the contribution payable under sub-paragraph (1) or (2) shall in no case exceed £7,250.
(b) the contribution which would have been payable if only one eligible student held an award. (5) This sub-paragraph applies where a contribution is payable in relation to -
(b) two or more independent eligible students each with a partner in respect of the same household income. Split contributions
(ii) the eligible student's parent; or (iii) the eligible student's parent's partner, the contribution payable in respect of the eligible student shall be such proportion of any contribution calculated under paragraph 8 as the Secretary of State after consultation with any other authority involved considers just taking into account the application of paragraph 7 of this Schedule to new eligible students and existing students respectively;
(ii) then, in increasing order of size, in relation to each remaining statutory award to which the contribution may apply, until the balance of the contribution can be apportioned equally without any part of it remaining or until there remains no part of any statutory award to which the contribution has not been applied. (2) In any case where -
(b) a contribution taking into account the residual income of that parent is payable in relation to more than one eligible student who is the child of either that parent or his partner; and (c) the amount payable in relation to each eligible student is not equal to the amount payable in respect of every other eligible student, the contribution in respect of each eligible student shall be calculated under sub-paragraph (3).
(b) there shall then be applied in addition in respect of each eligible student a further contribution of £1 for every complete £9.50 by which the sum calculated under sub-paragraph (c) exceeds £22,010; (c) the sum referred to in sub-paragraph (b) shall be the aggregate of any amounts calculated under paragraphs 4, 5 and 7 (where appropriate) of this Schedule with the deduction of the amount (if any) by which the aggregate of the amounts calculated under paragraphs 5 and 7 exceeds £22,010. (5) Subject to sub-paragraph (6), there shall be added to a parent student's residual income for the purpose of calculating the contribution to his statutory award any sum remaining -
(b) where a parent student is the parent of more than one eligible student, any sum remaining after the apportionment of the contribution to his children under this paragraph. (6) Where a parent student has a partner within paragraph 1(j) of this Schedule, the sums added to his residual income under sub-paragraph (5) of this paragraph shall be calculated as though the contribution in respect of his children had been assessed taking into account the income of the parent's partner under paragraph 7, whether or not the contribution was actually calculated on that basis. (This note is not part of the Regulations) These Regulations provide for support for students taking designated higher education courses in respect of the academic year beginning on or after 1st September 2005. These Regulations revoke the Education (Grants for Disabled Postgraduate Students) Regulations 2000, the Education (Grants for Disabled Postgraduate Students) Regulations 2000 (Amendment) Regulations 2000, the Education (Grants for Disabled Postgraduate Students) (Amendment) Regulations 2001, the Education (Grants for Disabled Postgraduate Students) (Amendment) Regulations 2002, the Education (Student Support) (No. 2) Regulations 2002, the Education (Student Support) (No. 2) Regulations 2002 (Amendment) Regulations 2003, the Education (Grants for Disabled Postgraduate Students) (Amendment) Regulations 2003, the Education (Student Support) (No. 2) Regulations 2002 (Amendment) Regulations 2004, the Education (Student Support) (No. 2) Regulations 2002 (Amendment) (No. 2) Regulations 2004, the Education (Grants for Disabled Postgraduate Students) (Amendment) Regulations 2004, the Education (Student Support) (No. 2) Regulations 2002 (Amendment) (No. 3) Regulations 2004, the Education (Student Support) (No. 2) Regulations 2002 (Amendment) (No. 4) Regulations 2004 and the Education (Student Support) (No. 2) Regulations 2002 (Amendment) Regulations 2005. Regulation 3 sets out the extent of the revocation. These Regulations are based on the Education (Student Support) (No. 2) Regulations 2002 (as amended) (the "2002 Regulations") to which they make a number of minor and drafting amendments. They also incorporate provisions relating to the award of grants to disabled postgraduate students derived from the Education (Grants for Disabled Postgraduate Students) Regulations 2000 (as amended), subject to minor and drafting amendments. Changes of substance made in these Regulations other than rates of grants and loans are described below. Under the Regulations, a student is regarded as meeting the residence requirements on which student support is contingent if he would have done so but for the fact that one of the persons listed in regulation 2(3) was temporarily employed outside the area in which the student is required to show residence in order to qualify for support. To take account of the creation of the status of civil partnership, the list of persons in regulation 2(3) is amended to include the civil partner of a student effective from the time that section 1 of the Civil Partnership Act 2004 comes into force in England and Wales (the "effective date"). Regulation 4(6) provides that where a student taking a course designated under regulation 5 (a "designated full-time course") is simultaneously taking another course which is designated under the Regulations, he may only receive support for one of the courses at a time. Regulations 34(16) and 46(8) make corresponding provision in relation to a student taking a designated part-time course and a student taking a designated postgraduate course, respectively. Regulation 5(2) and regulation 35(2) exclude higher education courses provided to pupils of maintained schools from being designated full-time courses and designated part-time courses, respectively. Where a student fails to provide information required under the Regulations or provides information which is inaccurate in a material particular, regulation 6(7)(c) extends, in relation to a designated full-time course, the types of action which the Secretary of State may take by permitting her to treat the support paid as an overpayment. Regulations 36(6)(c) and 48(6)(c) make corresponding provision in relation to a student taking a designated part-time course and a student taking a designated postgraduate course, respectively. Under the 2002 Regulations, a grant in respect of disabled students' living costs was available to disabled students who attended a designated course. Regulation 14 provides for that grant to be available to disabled students who undertake a designated course. In assessing entitlement to dependants' grants under regulations 16 to 21, the income of a student's civil partner is to be taken into account. This provision applies from the effective date. The income of a student's same-sex partner (other than a civil partner) is taken into account in assessing entitlement to dependants' grants where the student begins a designated full-time course on or after 1st September 2005 and is aged 25 or more. The adult dependants' grant is made available under regulation 17(2)(a) in respect of the civil partner of a student (from the effective date) and the same-sex partner of a student who begins a designated full-time course on or after 1st September 2005 and who is aged 25 or more. These Regulations omit the provision in the 2002 Regulations which allowed an eligible student who began his course before 1st September 2001 to continue to elect to receive the lone parents' grant in relation to a designated full-time course. The provisions on payment of support are amended so that, under regulation 32(3), the Secretary of State may make the payment of an instalment of a loan for living costs conditional on the student providing his national insurance number. Regulation 33 deals with the recovery of overpayments of support in relation to a designated full-time course. Where a student has received more support than he is entitled to under these Regulations, regulation 33 enables the Secretary of State to deduct an amount equal to the overpayment from any grant or loan payable by the Secretary of State to the student in respect of any designated course. Regulations 45 and 54 make corresponding provision in relation to a student taking a designated part-time course and a student taking a designated postgraduate course, respectively. Part 9 of the Regulations provides for support for designated part-time courses. Under regulation 34(9), a student is not eligible for support for a designated part-time course (other than disabled students' allowance) if he has previously received grants or loans in connection with undertaking eight academic years of part-time study. In this context, support paid by the Secretary of State, the Scottish Executive and the Department for Employment and Learning (Northern Ireland) is taken into account. A new method for calculating the amount of the grant in respect of fees for a part-time course is set out in regulation 37. The maximum amount of support available depends on the length of time it takes to complete the part-time course in comparison with the length of time it would take to complete the full-time equivalent. The amount of support payable in respect of a designated part-time course depends on a part-time student's resources. The calculation of a part-time student's resources under regulation 37 is amended to take into account the income of his civil partner. This provision applies from the effective date. For part-time students beginning a course on or after 1st September 2005, the calculation of a student's resources will take into account the income of the student's partner regardless of the sex of the partner and regardless of the age of the student. Part 10 provides for grants to disabled postgraduate students to assist with additional expenditure incurred in undertaking their courses by reason of their disability. It is based on the Education (Grants for Disabled Postgraduate Students) Regulations 2000 (as amended). Part 11 sets out modifications to these Regulations which apply while section 1 of the Civil Partnership Act 2004 is not in force in England and Wales. To qualify for student support, a student must fall into one of the categories listed in Schedule 2 to these Regulations. Under the 2002 Regulations, it was possible in certain circumstances for a student to qualify for student support by virtue of the status of his spouse. These Regulations make corresponding provision in relation to civil partners and such provision applies from the effective date. The amount of support in respect of a designated full-time course is reduced where a contribution is payable in respect of the student. A student's contribution is assessed in accordance with Schedule 5 to the Regulations and the amount of the contribution is linked to his household income. The provisions of Schedule 5 take into account the creation of the status of civil partnership and the provisions of the Schedule apply from the effective date in relation to the civil partner of a student and the civil partner of the student's parent in the same way as they apply to the spouse of a student and the spouse of the student's parent. Accordingly, the income of the student's civil partner and, where the student is not an independent student, the income of the student's parent's civil partner is to be taken into account in calculating the household income for the purpose of assessing the contribution due from the student. For a student who begins a course on or after 1st September 2005, there will be included in the household income the income of the student's same-sex partner (other than a civil partner) where the student is aged 25 or over and the income of the same-sex partner of the student's parent where the student is not an independent student. Just as a student who is married at the beginning of the academic year is treated as an independent student for the purposes of assessing the contribution, from the effective date a corresponding provision will apply to a student in a civil partnership. In calculating the student's income under Schedule 5, payments made by a student for the maintenance of his child, former spouse or former partner by virtue of an agreement, instrument or enactment which were taken into account under the 2002 Regulations are no longer taken into account. In addition, income applied by virtue of an instrument or legislation for the benefit of a student or a person dependent on the student's parent, spouse or partner or on the student's parent's spouse or partner is no longer taken into account in assessing household income. A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business. Notes: [1]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), section 42. Section 42 and section 43 were amended by the Education Act 2002 (c. 32), Schedule 12.back [2]1962 c. 12; sections 1 to 4 and Schedule 1 were substituted by the provisions set out in Schedule 5 to the Education Act 1980 (c. 20). Section 1(3)(d) was amended by the Education (Grants and Awards) Act 1984 (c. 11), section 4. Section 4 was amended by the Education Act 1994 (c. 30), Schedule 2, paragraph 2. The entire Act was repealed by the Teaching and Higher Education Act 1998 (c. 30), section 44(2) and Schedule 4, subject to the transitional provisions and savings set out in the Teaching and Higher Education Act 1998 (Commencement No. 4 and Transitional Provisions) Order 1998 (S.I. 1998/3237), article 3.back [3]S.I. 1998/2003.back [4]S.I. 1999/496, amended by S.I. 1999/2266 and S.I. 2000/1120.back [5]S.I. 2000/1121, amended by S.I. 2000/1490, S.I. 2000/2142 and S.I. 2000/2912.back [6]S.I. 2001/951, amended by S.I. 2001/1730, S.I. 2001/2355 and S.I. 2002/174.back [7]S.I. 2002/195, amended by S.I. 2002/1318, S.I. 2002/2088 and S.I. 2002/3059.back [8]S.I. 2002/3200.back [9]S.I. 2003/1065.back [10]S.I. 2003/3280.back [11]S.I. 2004/161.back [12]S.I. 2004/1602.back [13]S.I. 2004/2041.back [14]S.I. 2004/2598.back [15]S.I. 2005/5.back [16]Cm 2073.back [17]Cm 2183.back [18]The Teacher Training Agency was established under section 1 of the Education Act 1994 (c. 30).back [19]1968 c. 46; section 63 was amended by the National Health Service (Scotland) Act 1972 (c. 58), Schedule 7, the National Health Service Reorganisation Act 1973 (c. 32), Schedules 4 and 5, the National Health Service Act 1977 (c. 49), Schedules 15 and 16, the National Health Service (Scotland) Act 1978 (c. 29), Schedules 16 and 17, the Local Government Act 1985 (c. 51), Schedule 17, the Health and Medicines Act 1988 (c. 49), section 20, section 25(2) and Schedule 3, the Local Government (Scotland) Act 1994 (c. 39), Schedule 13, the Health Authorities Act 1995 (c. 17), Schedule 1, the Local Government Reorganisation (Wales) (Consequential Amendments No. 2) Order 1996 (S.I. 1996/1008), the National Health Service (Primary Care) Act 1997 (c. 46), Schedule 2, the Health Act 1999 (c. 8), Schedule 4, the Health and Social Care Act 2001 (c. 15), Schedule 5, the National Health Service Reform and Social Care Professions Act 2002 (c. 17), Schedules 2, 5 and 9, the National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc Provisions) Regulations 2002 (S.I. 2002/2469), Schedule 1, the Health and Social Care (Community Health and Standards) Act 2003 (c. 43), Schedules 4, 11 and 14, the Health and Social Care (Community Health and Standards) Act 2003 Commencement (No. 2) Order 2004 (S.I. 2004/288), article 7, the Health and Social Care (Community Health and Standards) Act 2003 (Commencement No. 1) (Wales) Order 2004 (S.I. 2004/480), article 6 and the Primary Medical Services (Scotland) Act 2004 (Consequential Modifications) Order 2004 (S.I. 2004/957), the Schedule.back [20]S.I. 1972/1265 (N.I. 14).back [21]S.I. 2003/1994, amended by S.I. 2004/1038 and S.I. 2004/1792.back [22]2002 c. 32.back [23]Cmnd. 9171.back [24]Cmnd. 3906 (out of print; photocopies are available, free of charge, from the Student Support Division, Department for Education and Skills, Mowden Hall, Staindrop Road, Darlington DL3 9BG).back [25]1980 c. 44; section 73(f) was amended by the Teaching and Higher Education Act 1998 (c. 30), section 29(1) and the Education (Graduate Endowment and Student Support) (Scotland) Act 2001 (asp6), section 3(2) and section 74 was amended by the Self Governing Schools etc. (Scotland) Act 1989 (c. 39), Schedule 10, paragraph 8(17). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).back [26]1990 c. 6; repealed by the Teaching and Higher Education Act 1998 (c. 30), Schedule 4.back [27]S.I. 1990/1506 (N.I. 11), amended by S.I. 1996/1274 (N.I. 1), Article 43 and Schedule 5 Part II, S.I. 1996/1918 (N.I. 15), Article 3 and the Schedule and S.I. 1998/258 (N.I. 1), Articles 3 to 6.back [28]S.I. 1998/1760 (N.I. 14).back [29]Cm. 4904.back [30]S.I. 1998/1166, amended by S.I. 1998/1972.back [31]1971 c. 77; amended by the British Nationality Act 1981 (c. 61), section 39 and Schedule 4.back [32]OJ No L257, 19.10. 1968, p 2 (OJ/SE 1968 (II) p 475).back [33]S.I. 2000/2330, amended by S.I. 2000/3087, S.I. 2001/2300, S.I. 2002/2104, S.I. 2003/1588 and S.I. 2004/1658.back [34]2004 c. 33.back [35]S.I. 1992/580, amended by S.S.I. 2002/423 and S.S.I. 2003/401.back [36]1992 c. 13; section 65(3A) was inserted by the Teaching and Higher Education Act 1998 (c. 30), section 27.back [37]"fees" is defined in section 28(1) of the Teaching and Higher Education Act 1998 (c. 30).back [38]ERASMUS is part of the European Community action programme SOCRATES; OJ No L28, 3.2.2000, p1.back [39]S.I. 1999/2263, amended by S.I. 2001/2893.back [40]1977 c. 49; section 8 was amended by the National Health Service Reform and Health Care Professions Act 2002 (c. 17), section 1(2).back [41]Section 11 was amended by the Health Authorities Act 1995 (c. 17), section 2 and Schedule 1, paragraph 2 and the Health Act 1999 (c. 8), Schedule 4, paragraph 6.back [42]1978 c. 29.back [43]S.I. 1972/1265 (N.I. 14).back [44]1996 c. 56; section 312 was amended by the Education Act 1997 (c. 44), Schedule 7, paragraph 23, the Schools Standards and Framework Act 1998 (c. 31), section 140, Schedule 30, paragraph 71 and Schedule 31 and the Learning and Skills Act 2000 (c. 21), Schedule 9, paragraph 56.back [45]2002 c. 21.back [46]S.I. 1999/3110.back [47]1989 c. 41; section 79F was inserted by the Care Standards Act 2000 (c. 14).back [48]1992 c. 4.back [49]2002 c. 38.back [50]1989 c. 41.back [51]S.I. 1980/51, amended by S.I. 1989/596 and S.I. 1999/3177.back [52]1974 c. 39.back [53]1986 c. 45; section 307 was amended by the Enterprise Act 2002 (c. 40), section 261. Section 310 was amended by the Pensions Act 1995 (c. 26), section 122 and Schedule 3, paragraph 15, the Welfare Reform and Pensions Act 1999 (c. 30), section 18 and Schedule 2, paragraph 2 and the Enterprise Act 2002, sections 259 and 278 and Schedule 26.back [54]S.I. 1989/2405 (N.I. 19); Article 283 was amended by the Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22)), Schedule 1, paragraph 11.back [55]S.I. 1992/580, amended by S.S.I. 2002/423 and S.S.I. 2003/401.back [56]S.I. 1998/1760 (N.I. 14).back [57]1980 c.44; section 73(f) was amended by the Teaching and Higher Education Act 1998 (c. 30), section 29(1) and the Education (Graduate Endowment and Student Support) (Scotland) Act 2001 (asp6), section 3(2) and section 74 was amended by the Self Governing Schools etc. (Scotland) Act 1989 (c. 39), Schedule 10, paragraph 8(17). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).back [58]1992 c. 13; section 65(3A) was inserted by the Teaching and Higher Education Act 1998 (c. 30), section 27.back [59]1992 c. 4; Part VII was amended by the Housing Act 1991 (c. 52), Schedule 19, the Local Government Finance Act 1992 (c. 14), Schedule 9 and Schedule 14, the Jobseekers Act 1995 (c. 18), Schedule 2 and Schedule 3, the Welfare Reform and Pensions Act 1999 (c. 30), Schedule 8 and the State Pension Credit Act 2002 (c. 16), Schedule 2 and Schedule 3.back [60]1995 c. 18; Part I was amended by the Employment Rights Act 1996 (c. 18), Schedule 1, the Social Security Act 1998 (c. 14), Schedules 7 and 8, the Welfare Reform and Pensions Act 1999 (c. 30), Schedules 7, 8 and 13, the State Pension Credit Act 2002 (c. 16), Schedule 2, the National Insurance Contributions Act 2002 (c. 19), Schedule 1 and the Income Tax (Earnings and Pensions) Act 2003 (c. 18), Schedule 6.back [61]1973 c. 50; section 2 as substituted by the Employment Act 1988 (c. 19) was amended by the Employment Act 1989 (c. 38), Schedule 7. Subsections (3A) and (3B) were inserted by the Trade Union Reform and Employment Rights Act 1993 (c. 19), section 47 in relation to Scotland only.back [62]S.I. 1992/580, amended by S.S.I. 2002/423 and S.S.I. 2003/401.back [63]2000 c. 14.back [64]1992 c. 13; section 65(3A) was inserted by the Teaching and Higher Education Act 1998 (c. 30), section 27.back [65]1971 c. 77; amended by the British Nationality Act 1981 (c. 61), section 39 and Schedule 4.back [66]OJ No L257, 19.10.1968, p 2 (OJ/SE 1968 (II) p 475).back [67]1988 c. 1; section 273 was amended by the Finance Act 1988 (c. 39), Schedule 3, paragraph 10. Amendments to section 273 made by the Finance Act 2004 (c. 12), section 281 and Schedule 35 do not come into force until 6th April 2006. Section 619 was amended by the Finance Act 1989 (c. 26), section 170 and the Finance Act 1996 (c. 8), section 135 and Schedule 21. Section 639 was amended by the Finance Act 2000 (c. 17), Schedule 13. Sections 619 and 639 are repealed by the Finance Act 2004, section 326 and Schedule 42 with effect from 6th April 2006 subject to the transitional provisions and savings in Schedule 36 to the Finance Act 2004.back [68]"Financial Statistics" (ISSN 0015-203X).back [69]S.I. 2003/1994, amended by S.I. 2004/1038 and S.I. 2004/1792.back [70]1968 c. 46; section 63 was amended by the National Health Service (Scotland) Act 1972 (c. 58), Schedule 7, the National Health Service Reorganisation Act 1973 (c. 32), Schedules 4 and 5, the National Health Service Act 1977 (c. 49), Schedules 15 and 16, the National Health Service (Scotland) Act 1978 (c. 29), Schedules 16 and 17, the Local Government Act 1985 (c. 51), Schedule 17, the Health and Medicines Act 1988 (c. 49), section 20, section 25(2) and Schedule 3, the Local Government (Scotland) Act 1994 (c. 39), Schedule 13, the Health Authorities Act 1995 (c. 17), Schedule 1, the Local Government Reorganisation (Wales) (Consequential Amendments No. 2) Order 1996 (S.I. 1996/1008), the National Health Service (Primary Care) Act 1997 (c. 46), Schedule 2, the Health Act 1999 (c. 8), Schedule 4, the Health and Social Care Act 2001 (c. 15), Schedule 5, the National Health Service Reform and Social Care Professions Act 2002 (c. 17), Schedules 2, 5 and 9, the National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc Provisions) Regulations 2002 (S.I. 2002/2469), Schedule 1, the Health and Social Care (Community Health and Standards) Act 2003 (c. 43), Schedules 4, 11 and 14, the Health and Social Care (Community Health and Standards) Act 2003 Commencement (No. 2) Order 2004 (S.I. 2004/288), article 7, the Health and Social Care (Community Health and Standards) Act 2003 (Commencement No. 1) (Wales) Order 2004 (S.I. 2004/480), article 6 and the Primary Medical Services (Scotland) Act 2004 (Consequential Modifications) Order 2004 (S.I. 2004/957), the Schedule.back ISBN0 11 051632 X -- Back--
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