The Education (Student Support) (Amendment) Regulations 2006

Contents

1Citation and commencement#

These Regulations may be cited as the Education (Student Support) (Amendment) Regulations 2006 and shall come into force on 30th April 2006.

2Interpretation#

In these Regulations—• “the 2005 Regulations” means the Education (Student Support) Regulations 2005 as amended by the Education (Student Support) (Amendment) Regulations 2005, the Education (Student Support) (Amendment) (No. 2) Regulations 2005 and the Adoption and Children (Miscellaneous Amendments) Regulations 2005;• “the 2006 Regulations” means the Education (Student Support) Regulations 2006.

3Amendments to the 2005 Regulations#

The 2005 Regulations are amended in accordance with regulations 4 to 27.

4Amendment of regulation 2 of the 2005 Regulations#

Omit the following definitions from regulation 2 of the 2005 Regulations—

(1)“EEA Agreement”;

(2)“EEA migrant worker”;

(3)“European Economic Area”;

(4)“student loan account number”; and

(5)“Switzerland Agreement”.

5Amendment of regulation 2 of the 2005 Regulations#

Omit the words “and any reference to the child of a refugee includes a reference to a step-child” from the definition of “refugee” in regulation 2 of the 2005 Regulations.

6Amendment of regulation 2 of the 2005 Regulations#

Omit paragraphs (2), (3), (4) and (5) from regulation 2 of the 2005 Regulations.

7Amendment of regulation 3 of the 2005 Regulations#

Omit paragraph (9) of regulation 3 of the 2005 Regulations.

8Amendment of regulation 4 of the 2005 Regulations#

In sub-paragraph (a) of paragraph (2) of regulation 4, for “is mentioned in Schedule 2” substitute “falls within one of the categories set out in Part 2 of Schedule 2”.

9Amendment of regulation 9 of the 2005 Regulations#

For sub-paragraphs (a), (b) and (c) of paragraph (2) of regulation 9 of the 2005 Regulations, substitute—“a one of the events listed in regulation 11(16) occurs 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 on which the relevant event occurred;”

10Amendment of regulation 11 of the 2005 Regulations#

For paragraphs (15) and (16) of regulation 11 of the 2005 Regulations, substitute—“15 Where one of the events listed in paragraph (16) occurs in the course of an academic year—a a student may qualify for fee support in accordance with this Part in respect of that academic year provided that the relevant event occurred within the first three months of the academic year; andb fee support is not available in respect of any academic year beginning before the academic year in respect of which the relevant event occurred.16 The events are—a the student’s course becomes a designated course;b the student, his spouse, his civil partner or his parent is recognised as a refugee or becomes a person with leave to enter or remain (as defined in Part 1 of Schedule 2);c a state accedes to the European Community where the student is a national of that state or the family member (as defined in Part 1 of Schedule 2) of a national of that state;d the student becomes a family member (as defined in Part 1 of Schedule 2) of an EC national;e the student acquires the right of permanent residence (as defined in Part 1 of Schedule 2);f the student becomes a person described in paragraph 6(1)(a) of Schedule 2; org the student becomes the child of a Swiss national.”

11Amendment of regulation 13 of the 2005 Regulations#

For paragraph (2) of regulation 13 of the 2005 Regulations, substitute—“2 An eligible student shall not qualify for a grant for living costs if the only paragraph in Part 2 of Schedule 2 into which he falls is paragraph 9.”

12Amendment of regulation 13 of the 2005 Regulations#

For paragraphs (7) and (8) of regulation 13 of the 2005 Regulations, substitute—“7 Where one of the events listed in paragraph (8) occurs in the course of an academic year, a student may qualify for a grant in accordance with this Part in respect of all or part of that academic year but he does not qualify for a grant for living costs in respect of any academic year beginning before the relevant event occurred.8 The events are—a the student’s course becomes a designated course;b the student, his spouse, his civil partner or his parent is recognised as a refugee or becomes a person with leave to enter or remain (as defined in Part 1 of Schedule 2);c the state of which the student is a national accedes to the European Community where the student has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the first academic year of the course;d the student acquires the right of permanent residence (as defined in Part 1 of Schedule 2);e the student becomes a person described in paragraph 6(1)(a) of Schedule 2; orf the student becomes the child of a Swiss national.”

13Amendment of regulation 17 of the 2005 Regulations#

For paragraph (2) of regulation 17 of the 2005 Regulations, substitute—“2 The adult dependants' grant is available in respect of a dependant of an eligible student who is either—a the eligible student’s partner; orb an adult dependant whose net income does not exceed £3,445.”

14Amendment of regulation 17 of the 2005 Regulations#

For paragraph (5) of regulation 17 of the 2005 Regulations, substitute—“5 The amount of adult dependants' grant calculated under regulation 20 in respect of an adult dependant shall be reduced by one half where—a the eligible student’s partner—i is an eligible student; orii holds a statutory award; andb 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.”

15Amendment of regulation 19 of the 2005 Regulations#

For paragraph (1) of regulation 19 of the 2005 Regulations, substitute—“1 An eligible student shall qualify in connection with his attendance on a designated course for the parents' learning allowance if he has one or more dependants who are dependent children.”

16Amendment of regulation 24 of the 2005 Regulations#

For paragraphs (3), (4) and (5) of regulation 24 of the 2005 Regulations, substitute—“3 An eligible student shall not qualify for a loan for living costs if the only paragraph in Part 2 of Schedule 2 into which he falls is paragraph 9.4 Where one of the events listed in paragraph (5) occurs in the course of an academic year—a a student may qualify for a loan for living costs in respect of such quarters of that academic year as are specified in regulation 25(9) provided that he meets the conditions in paragraph (1); andb a student 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 are—a the student’s course becomes a designated course;b the student, his spouse, his civil partner or his parent is recognised as a refugee or becomes a person with leave to enter or remain (as defined in Part 1 of Schedule 2);c the state of which the student is a national accedes to the European Community where the student has been ordinarily resident in the United Kingdom and Islands throughout the three year-period immediately preceding the first day of the first academic year of the course;d the student acquires the right of permanent residence (as defined in Part 1 of Schedule 2);e the student becomes a person described in paragraph 6(1)(a) of Schedule 2; orf the student becomes the child of a Swiss national.”

17Amendment of regulation 34 of the 2005 Regulations#

In sub-paragraph (a) of paragraph (2) of regulation 34 of the 2005 Regulations, for “is mentioned in Schedule 2” substitute “falls within one of the categories set out in Part 2 of Schedule 2”.

18Amendment of regulation 34 of the 2005 Regulations#

For paragraph (7) of regulation 34 of the 2005 Regulations, substitute—“7 An eligible part-time student shall not qualify for support under regulation 37(1)(b) or regulation 38 if the only paragraph in Part 2 of Schedule 2 into which he falls is paragraph 9.”

19Amendment of regulation 34 of the 2005 Regulations#

For paragraphs (13) and (14) of regulation 34 of the 2005 Regulations, substitute—“13 Where one of the events listed in paragraph (14A) occurs in the course of an academic year—a a student may qualify for a grant in respect of fees in respect of that academic year in accordance with this Part provided that the relevant event occurred within the first three months of the academic year; andb a grant in respect of fees is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.14 Where one of the events listed in sub-paragraphs (a), (b), (e), (f), (g) or (h) of paragraph (14A) occurs in the course of an academic year—a a student may qualify for support under regulation 37(1)(b) in respect of that academic year in accordance with this Part provided that the relevant event occurred within the first three months of the academic year; andb support of the kind referred to in regulation 37(1)(b) is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.14A The events are—a the student’s course becomes a designated part-time course;b the student, his spouse, his civil partner or his parent is recognised as a refugee or becomes a person with leave to enter or remain (as defined in Part 1 of Schedule 2);c a state accedes to the European Community where the student is a national of that state or a family member (as defined in Part 1 of Schedule 2) of a national of that state;d the student becomes a family member (as defined in Part 1 of Schedule 2) of an EC national;e the state of which the student is a national accedes to the European Community where the student has been ordinarily resident in the United Kingdom and Islands throughout the three year-period immediately preceding the first day of the first academic year of the course;f the student acquires the right of permanent residence (as defined in Part 1 of Schedule 2);g the student becomes a person described in paragraph 6(1)(a) of Schedule 2; orh the student becomes the child of a Swiss national.”

20Amendment of regulation 39 of the 2005 Regulations#

For sub-paragraphs (a) and (b) of paragraph (3) of regulation 39 of the 2005 Regulations, substitute—“a one of the events listed in regulation 34(14A) occurs 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 on which the relevant event occurred.”

21Amendment of regulation 46 of the 2005 Regulations#

In sub-paragraph (a) of paragraph (3) of regulation 46 of the 2005 Regulations, for “mentioned in Schedule 2” substitute “falls within one of the categories set out in Part 2 of Schedule 2”.

22Amendment of regulation 46 of the 2005 Regulations#

For paragraph (5) of regulation 46 of the 2005 Regulations, substitute—“5 An eligible postgraduate student shall not qualify for a grant under this Part if the only paragraph in Part 2 of Schedule 2 into which he falls is paragraph 9.”

23Amendment of regulation 46 of the 2005 Regulations#

After paragraph (8) of regulation 46 of the 2005 Regulations, insert—“9 Where one of the events listed in paragraph (10) occurs in the course of an academic year—a a student may qualify for a grant under this Part in respect of that academic year in accordance with this Part; andb a grant of the kind available under this Part is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.10 The events are—a the student’s course becomes a designated postgraduate course;b the student, his spouse, his civil partner or his parent is recognised as a refugee or becomes a person with leave to enter or remain (as defined in Part 1 of Schedule 2);c the state of which the student is a national accedes to the European Community where the student has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the first academic year of the course;d the student acquires the right of permanent residence (as defined in Part 1 of Schedule 2);e the student becomes a person described in paragraph 6(1)(a) of Schedule 2;f the student becomes the child of a Swiss national.”

24Omission of Part 11 of the 2005 Regulations#

Omit Part 11 of the 2005 Regulations.

25Substitution of Schedule 2 to the 2005 Regulations#

For the text of Schedule 2 to the 2005 Regulations, substitute the text set out in Schedule 1 to these Regulations.

26Amendment of Schedule 5 to the 2005 Regulations#

In paragraph 4(1)(b) and paragraph 5(2)(a) of Schedule 5 to the 2005 Regulations, insert after the words “Income and Corporation Taxes Act 1988”—“or under section 188 of the Finance Act 2004”

27Amendment of Schedule 5 to the 2005 Regulations#

In paragraph 4(2) of Schedule 5 to the 2005 Regulations—

(a)for the words “Where the only paragraph from 1 to 7 of Schedule 2 into which an eligible student falls is paragraph 7”, substitute “Where the only paragraph in Part 2 of Schedule 2 into which the eligible student falls is paragraph 9”;

(b)for the words “paragraph 1 of Schedule 2” substitute “paragraph 2 of Schedule 2”; and

(c)for the words “any paragraph of Schedule 2” substitute “any paragraph of Part 2 of Schedule 2”.

28Amendment of the 2006 Regulations#

The 2006 Regulations are amended in accordance with regulations 29 to 40.

29Amendment of regulation 2 of the 2006 Regulations#

After the definition of “borrower” in regulation 2 of the 2006 Regulations, insert—“• “college fee loan” means a loan pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act in respect of the college fees payable by a student to a college or permanent private hall of the University of Oxford or to a college of the University of Cambridge;”

30Amendment of regulation 2 of the 2006 Regulations#

For the definition of “fees” in regulation 2 of the 2006 Regulations, substitute—“• “fees” has the meaning given in section 41(1) of the 2004 Act except in the case of college fees;”

31Amendment of regulation 9 of the 2006 Regulations#

For paragraph (b) of paragraph (2) of regulation 9, substitute—“b the applicant is making a separate application for a fee loan, a fee contribution loan, a loan for living costs or a college fee loan or is applying for an additional amount of fee loan under regulation 20(4) or 20(10), an additional amount of fee contribution loan under regulation 31(5), an additional amount of loan for living costs under regulation 68(3) or an additional amount of college fee loan under paragraph 14(2) of Schedule 3A, 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;”

32Amendment of regulation 14 of the 2006 Regulations#

For regulation 14 of the 2006 Regulations, substitute—“14 The events are—a the student’s course becomes a designated course;b the student, his spouse, his civil partner or his parent is recognised as a refugee or becomes a person with leave to enter or remain (as defined in Part 1 of Schedule 1);c a state accedes to the European Community where the student is a national of that state or a family member (as defined in Part 1 of Schedule 1) of a national of that state;d the student becomes a family member (as defined in Part 1 of Schedule 1) of an EC national;e the student acquires the right of permanent residence (as defined in Part 1 of Schedule 1);f the student becomes a person described in paragraph 6(1)(a) of Schedule 1; org the student becomes the child of a Swiss national.”

33Amendment of regulation 41 of the 2006 Regulations#

For paragraph (2) of regulation 41 of the 2006 Regulations, substitute—“2 The adult dependants' grant is available in respect of a dependant of an eligible student who is either—a the eligible student’s partner; orb an adult dependant whose net income does not exceed £3,530.”

34Amendment of regulation 43 of the 2006 Regulations#

For paragraph (1) of regulation 43 of the 2006 Regulations, substitute—“1 An eligible student qualifies in connection with his attendance on a designated course for the parents' learning allowance if he has one or more dependants who are dependent children.”

35Amendment of regulation 44 of the 2006 Regulations#

For paragraph (4) of regulation 44 of the 2006 Regulations, substitute—“4 The amount of adult dependants' grant calculated under paragraph (1) in respect of an adult dependant is reduced by one half where—a the eligible student’s partner—i is an eligible student; orii holds a statutory award; andb 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.”

36Insertion of a new Part in the 2006 Regulations#

After regulation 70, insert—“70A A college fee loan is available to an eligible student in accordance with Schedule 3A.”

37Amendment of regulation 84 of the 2006 Regulations#

For paragraphs (12) and (13) of regulation 84 of the 2006 Regulations, substitute—“12 Where one of the events listed in sub-paragraphs (a), (b), (e), (f), (g) or (h) of paragraph (13) occurs in the course of an academic year—a a student may qualify for a grant for books, travel and other expenditure in respect of that academic year in accordance with this Part; andb a grant for books, travel and other expenditure is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.13 The events are—a the student’s course becomes a designated part-time course;b the student, his spouse, his civil partner or his parent is recognised as a refugee or becomes a person with leave to enter or remain (as defined in Part 1 of Schedule 1);c a state accedes to the European Community where the student is a national of that state or a family member (as defined in Part 1 of Schedule 1) of a national of that state;d the student becomes a family member (as defined in Part 1 of Schedule 1) of an EC national;e the state of which the student is a national accedes to the European Community where the student has been ordinarily resident in the United Kingdom and Islands throughout the three year-period immediately preceding the first day of the first academic year of the course;f the student acquires the right of permanent residence (as defined in Part 1 of Schedule 1);g the student becomes a person described in paragraph 6(1)(a) of Schedule 1; orh the student becomes the child of a Swiss national.”

38Substitution of Schedule 1 to the 2006 Regulations#

For the text of Schedule 1 to the 2006 Regulations, substitute the text set out in Schedule 1 to these Regulations.

39Insertion of a new Schedule to the 2006 Regulations#

After Schedule 3 to the 2006 Regulations, insert Schedule 3A as set out in Schedule 2 to these Regulations.

40Amendment of Schedule 4 to the 2006 Regulations#

For paragraph (f) of sub-paragraph (1) of paragraph 2 of Schedule 4 to the 2006 Regulations, substitute—“f he was looked after by a local authority (within the meaning of section 22 of the Children Act 1989) throughout any three-month period ending on or after the date on which he attained the age of 16 and before the first day of the first academic year of the 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;”

Schedule 1

Schedule 2

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