- academic authority
means, in relation to an institution, the governing body or other body having the functions of a governing body and includes a person acting with the authority of that body;
- academic year
means the period of twelve months beginning on 1st January, 1st April, 1st July or 1st September of the calendar year in which the academic year of the course in question begins according to whether that academic year begins on or after 1st January and before 1st April, on or after 1st April and before 1st July, on or after 1st July and before 1st August or on or after 1st August and on or before 31st December, respectively;
- Academy
means an Academy established by an agreement under section 482 of the Education Act 1996;
- accelerated course
means a course which persons undertaking it are normally required by the institution providing it to attend (whether at premises of the institution or elsewhere) for a period of at least 40 weeks in the final year, being a course of two academic years’ duration;
- adult dependant
means, in relation to an eligible student, an adult person dependent on the student other than the student’s child, the student’s partner (including a spouse or civil partner from whom the Secretary of State considers the student is separated) or the student’s former partner;
- attendance confirmation
means—
- borrower
means a person to whom a loan has been made;
- bursary year
means an academic year of a course— (a) in relation to which the student is eligible to receive any payment under a healthcare bursary the amount of which is calculated by reference to that student’s income;
- college fee loan
means a loan for college fees payable to a qualifying student pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act;
- compressed degree course
means a course determined in accordance with paragraph (2) to be a compressed degree course;
- compressed degree student
means an eligible student who— (a) is undertaking a compressed degree course in the United Kingdom (the “course”);
- contribution
means an eligible student’s contribution calculated pursuant to regulation 96 and Schedule 4;
- course for the initial training of teachers
includes such a course leading to a first degree unless otherwise indicated but excludes an employment-based teacher training scheme;
- course information
means—
- current course
means the designated course in respect of which a person is applying for support;
- current distance learning course
means the designated distance learning course in respect of which a person is applying for support;
- 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 support;
- current part-time course
means the designated part-time course in respect of which a person is applying for support;
- current postgraduate course
means the designated postgraduate course in respect of which a person is applying for support;
- current system student
means an eligible student who— (a) is not an old system student;
- current system student who has studied on a previous course
includes a current system student whose status as an eligible student has been transferred to the current course as a result of one or more transfers of that status by the Secretary of State pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act from a designated course which—
- declaration
means—
- dependant
means, in relation to an eligible student, the student’s partner, the student’s dependent child or an adult dependant, who in each case is not an eligible student and does not hold a statutory award;
- dependent
means wholly or mainly financially dependent;
- dependent child
means, in relation to an eligible student, a child dependent on the student;
- designated course
means a course designated by regulation 6 or by the Secretary of State under regulation 6;
- designated distance learning course
means a course designated by the Secretary of State under regulation 118;
- designated part-time course
means a course designated by regulation 135 or by the Secretary of State under regulation 135;
- designated postgraduate course
means a course designated by regulation 152 or by the Secretary of State under regulation 152;
- Directive 2004/38
means Directive 2004/38 of the European Parliament and of the Council of 29th April 2004 on the rights of citizens of the Union and their family members to move and reside freely in the territory of the Member States;
- eligible distance learning student
has the meaning given in regulation 116;
- eligible part-time student
has the meaning given in regulation 133;
- eligible postgraduate student
has the meaning given in regulation 150;
- eligible student
has the meaning given in regulation 5.
- employed person
means an employed person within the meaning of Annex 1 to the Swiss Agreement;
- employment-based teacher training scheme
means— (a) a scheme established by the Secretary of State whereby a person may undertake initial teacher training in order to obtain qualified teacher status while being employed to teach at a school or other educational institution except a pupil referral unit;
- end-on course
means— (a) a full-time first degree course (other than a first degree course for the initial training of teachers) beginning before 1st September 2009 which, disregarding any intervening vacation, a student begins immediately after ceasing to attend a full-time course mentioned in paragraph 2 or 3 of Schedule 2 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, 2004, 2005, 2006, 2007, 2008 or 2008 (No.2) Regulations;
- equivalent or lower qualification
means a qualification determined in accordance with paragraph (5) to be an equivalent or lower qualification;
- Erasmus year
means an academic year of a course during which a student is participating in the action scheme of the European Community for the mobility of university students known as ERASMUS and where the student’s course is a course referred to in regulation 6(1)(e) and all the periods of study during the academic year are at an institution outside the United Kingdom;
- European Community
means the territory comprised by the Member States of the European Community as constituted from time to time;
- European Economic Area
means the area comprised by the EEA States;
- existing student
means an eligible student who is not a new eligible student;
- family member
means— (a) in relation an EEA frontier worker, an EEA migrant worker, an EEA frontier self-employed person or an EEA self-employed person— (a) that person’s spouse or civil partner;
- fee contribution loan
means a loan for fees made to an old system student pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act;
- fee loan
means a loan for fees made to a current system student pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act;
- fee support
means a grant for fees pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act, a fee contribution loan or a fee loan;
- fees
has the meaning given in section 41(1) of the Higher Education Act 2004 except in references to college fees;
- financial resources in a financial year
means the aggregate of the student’s income for that year together with the aggregate of the income for that year of any person who at the date of the application for support is the student’s partner;
- financial year
means the period of twelve months for which the income of the eligible distance learning student is computed for the purposes of the income tax legislation which applies to it;
- flexible postgraduate course for the initial training of teachers
means a graduate-entry or postgraduate-level course for the initial training of teachers, the length and pattern of which is determined by reference to the eligible student’s experience and training requirements and which has been approved by the Training and Development Agency for Schools where the course— (a) began before 1 September 2010;
- former Metropolitan Police District
means— (a) Greater London, excluding the City of London, the Inner Temple and the Middle Temple;
- full-time equivalent
means a full-time postgraduate course leading to the same qualification as the part-time postgraduate course in question;
- gap year student
has the meaning given in paragraph (6);
- grant for living and other costs
means a grant payable under Part 5;
- healthcare bursary
means a bursary or award of similar description under section 63 of the Health Services and Public Health Act 1968 or Article 44 of the Health and Personal Social Services (Northern Ireland) Order 1972;
- higher education course
means a course referred to in Schedule 2 or a postgraduate or other course the standard of which is higher than the standard of a first degree course;
- household income
has the meaning given in paragraph 3;
- 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;
- independent eligible student
has the meaning given in paragraph 2;
- information
includes documents;
- Institute
means the University of London Institute in Paris;
- intensive course
means an accelerated course or a compressed degree course;
- Islands
means the Channel Islands and the Isle of Man;
- loan
means a loan made under any provision of the student loans legislation.
- loan for living costs
means a loan for living costs pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act;
- lone parent
means an eligible student who does not have a partner and who has a dependent child or dependent children;
- long courses loan
means a long courses loan pursuant to regulation 78;
- maintained school
means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school;
- Member State
means a Member State of the European Union;
- net income
has the meaning given in paragraph (2);
- new eligible student
means an eligible student who begins a specified designated course on or after 1st September 2004;
- old flexible postgraduate course for the initial training of teachers
means a flexible postgraduate course for the initial training of teachers which a student started to attend before 1st September 2008;
- old system student
means an eligible student who— (a) began the current course before 1st September 2006 and is continuing on that course after 31st August 2010;
- ordinary duration
means, in relation to a designated course, the number of academic years that a standard student would take to complete the designated course excluding any academic years of the course that are bursary years or Erasmus years;
- parent
means a natural or adoptive parent and “child”, “mother” and “father” are to be construed accordingly;
- parent student
means an eligible student who is the parent of an eligible student;
- partner
means any of the following—
- payment period
means a period in respect of which the Secretary of State pays the relevant support under Part 5 or Part 6 or would have paid such support if the eligible student’s period of eligibility had not terminated.
- period of eligibility
has the meaning given respectively in regulation 7 in relation to an eligible student, in regulation 119 in relation to an eligible distance learning student, in regulation 136 in relation to an eligible part-time student and in regulation 153 in relation to an eligible postgraduate student;
- period ordinarily required to complete the full-time equivalent
means—
- periods of work experience
means— (a) periods of industrial, professional or commercial experience associated with full-time study at an institution, but at a place outside that institution;
- person with leave to enter or remain
means a person— (a) who has been informed by a person acting under the authority of the Secretary of State for the Home Department that, although the person is considered not to qualify for recognition as a refugee, it is thought right to allow that person to enter or remain in the United Kingdom;
- preceding financial year
means the financial year immediately preceding the current financial year;
- preliminary course
means a course mentioned in paragraph 2 or 3 of Schedule 2 that is taken before a full-time degree course (other than a first degree course for the initial training of teachers) or a foundation degree course that is taken before a full-time honours degree course, as the case may be;
- prescribed childcare charges
means childcare charges of a description prescribed for the purposes of section 12 of the Tax Credits Act 2002.
- previous course
has the meaning given in regulation 13;
- prior financial year
means the financial year immediately preceding the preceding financial year;
- private institution
means an institution which is not publicly funded;
- public funds
means moneys provided by Parliament or by a government authority outside the United Kingdom;
- qualified teacher
has the meaning given in section 132(1) of the Education Act 2002;
- qualifying course
means a full-time designated course which is provided by the University of Oxford or the University of Cambridge and— (a) leads to qualification as a social worker, medical doctor, dentist, veterinary surgeon or architect;
- qualifying quarter
means a quarter during which the eligible student attends as part of the student’s course an overseas institution or the Institute for at least half the period covered by that quarter.
- qualifying student
means a person who satisfies the criteria in regulation 89;
- qualifying year of study
means an academic year of a designated course— (a) in respect of which the student qualified for fee support (even if the amount was nil);
- refugee
means a person who is recognised by Her Majesty’s government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28th July 1951 as extended by the Protocol thereto which entered into force on 4th October 1967;
- relevant academic year
means the academic year during or at the end of which it becomes impossible for the student to complete the course within the period specified in regulation 135(1)(c) even if the student increases the intensity of the student’s study.
- relevant income
has the meaning given in paragraph (2).
- relevant quarter
means—
- relevant year
means the academic year of the course in respect of which the household income falls to be assessed;
- Research Council
means any of the following research councils— (a) Arts and Humanities Research Council, (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) Science and Technology Facilities Council;
- residual income
means taxable income after the application of paragraph 4 (in the case of an eligible student), paragraph 5 (in the case of an eligible student’s parent), paragraph 6 (in the case of an eligible student’s partner) or paragraph 7 (in the case of the partner of a new eligible student’s parent) and income referred to in sub-paragraph (2) received net of income tax;
- right of permanent residence
means a right arising under Directive 2004/38 to reside in the United Kingdom permanently without restriction;
- sandwich course
has the meaning given in paragraph (10);
- Scottish healthcare allowance
means any allowance under sections 73(f) and 74(1) of the Education (Scotland) Act 1980 granted in respect of a person on a course leading to a qualification in a healthcare profession other than as a medical doctor or dentist;
- self-employed person
means— (a) in relation to an EEA national, a person who is self-employed within the meaning of article 7 of Directive 2004/38 or the EEA Agreement, as the case may be;
- settled
has the meaning given by section 33(2A) of the Immigration Act 1971;
- specified designated course
means the current course subject to paragraphs (12) and (13).
- specified designated distance learning course
means the course in respect of which the person is applying for support or, where the student’s status as an eligible distance learning student has been transferred to the current designated distance learning course as a result of one or more transfers of that status by the Secretary of State from a distance learning course (the “initial course”) in connection with which the Secretary of State determined the student to be an eligible distance learning student pursuant to regulations made under section 22 of the 1998 Act, the specified designated distance learning course means the initial course.
- specified designated part-time course
means the course in respect of which the person is applying for support or, where the student’s status as an eligible part-time student has been transferred to the current designated part-time course as a result of one or more transfers of that status by the Secretary of State from a part-time course (the “initial course”) in connection with which the Secretary of State determined the student to be an eligible part-time student pursuant to regulations made under section 22 of the 1998 Act, the specified designated part-time course means the initial course.
- standard academic year
means an academic year of the qualifying course that would be taken by a person who does not repeat any part of the course and who enters the course at the same point as the qualifying student.
- standard full-time student
means a student who is to be taken—
- statutory award
means any award bestowed, grant paid or other support provided by virtue of the 1998 Act or the 1962 Act, or any comparable award, grant or other support in respect of undertaking a course which is paid out of public funds;
- student loans legislation
means the Education (Student Loans) Act 1990, the Education (Student Loans) (Northern Ireland) Order 1990, the Education (Scotland) Act 1980 and regulations made under those Acts or that Order, the Education (Student Support) (Northern Ireland) Order 1998 and regulations made under that Order or the 1998 Act and regulations made under that Act;
- support
means financial support by way of grant or loan made by the Secretary of State pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act;
- Swiss Agreement
means the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the Free Movement of Persons signed at Luxembourg on 21st June 1999 and which came into force on 1st June 2002;
- Swiss employed person
means a Swiss national who is an employed person, other than a Swiss frontier employed person, in the United Kingdom;
- Swiss frontier employed person
means a Swiss national who— (a) is an employed person in England;
- Swiss frontier self-employed person
means a Swiss national who— (a) is a self-employed person in England;
- Swiss self-employed person
means a Swiss national who is a self-employed person, other than a Swiss frontier self-employed person, in the United Kingdom;
- taxable income
means, in relation to paragraph 4, in respect of the academic year for which an application has been made under regulation 9 and, in relation to paragraph 5, in respect (subject to sub-paragraphs (3), (4) and (5) of paragraph 5) of the prior financial year, a person’s taxable income from all sources computed as for the purposes of— except that no account is taken of income referred to in sub-paragraph (2) paid to another party.
- the 1962 Act
means the Education Act 1962;
- the 1998 Act
means the Teaching and Higher Education Act 1998;
- the 1998 Regulations
means the Education (Student Support) Regulations 1998;
- the 1999 Regulations
means the Education (Student Support) Regulations 1999;
- the 2000 Regulations
means the Education (Student Support) Regulations 2000;
- the 2001 Regulations
means the Education (Student Support) Regulations 2001;
- the 2002 Regulations
means the Education (Student Support) Regulations 2002;
- the 2003 Regulations
means the Education (Student Support) (No. 2) Regulations 2002 ()"f00009"/> as amended only by the Education (Student Support) (No. 2) Regulations 2002 (Amendment) Regulations 2003 ()"f00010"/> and the Education (Student Fees and Support) (Switzerland) Regulations 2003 ()"f00011"/>;
- the 2004 Regulations
means the 2003 Regulations as amended by 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 (Student Support) (No. 2) Regulations 2002 (Amendment) (No. 3) Regulations 2004, the Education (Student Support) (No. 2) Regulations 2002 (Amendment) (No. 4) Regulations 2004, the Education (Student Support) (No. 2) Regulations 2002 (Amendment) Regulations 2005, the Education (Student Support) (Amendment) Regulations 2005 and the Education (Student Support) (Amendment) (No. 2) Regulations 2005;
- the 2005 Regulations
means the Education (Student Support) Regulations 2005;
- the 2006 Regulations
means the Education (Student Support) Regulations 2006;
- the 2007 Regulations
means the Education (Student Support) Regulations 2007;
- the 2008 (No.2) Regulations
means the Education (Student Support) (No.2) Regulations 2008;
- the 2008 Regulations
means the Education (Student Support) Regulations 2008;
- transitional award
means an award made under the Education (Mandatory Awards) Regulations 1998 other than an old award;
- Turkish worker
means a Turkish national who— (a) is ordinarily resident in the United Kingdom and Islands;
- type 1 teacher training student
means a current system student on a course for the initial training of teachers (other than a course for a first degree) whose periods of full-time attendance (including attendance for the purpose of teaching practice) in the academic year in respect of which the student is applying for support are in aggregate at least 6 weeks but less than 10 weeks where the course— (a) began before 1st September 2010;
- type 2 teacher training student
means a current system student on a course for the initial training of teachers (other than a course for a first degree) whose periods of full-time attendance (including attendance for the purpose of teaching practice) in the academic year in respect of which the student is applying for support are in aggregate 10 weeks or more where the course— (a) began before 1st September 2010;
- type 3 teacher training student
means a current system student on a course for a first degree for the initial training of teachers whose periods of full-time attendance (including attendance for the purpose of teaching practice) in the academic year in respect of which the student is applying for support are in aggregate at least 6 weeks but less than 10 weeks where the course—- (a) began before 1st September 2010;
- unpaid service
means—
- worker
means a worker within the meaning of article 7 of Directive 2004/38 or the EEA Agreement as the case may be.