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S TAT U T O R Y I N S T R U M E N T S
2026 No. 858
EDUCATION, ENGLAND
The Lifelong Learning (Student Support) (Amendment of Fees
and Awards etc.) Regulations 2026
Made - - - - 22nd July 2026
Laid before Parliament 23rd July 2026
Coming into force - - 1st September 2026
CONTENTS
PART 1
General
1. Citation, commencement, extent and application
2. Amendments to application of other subordinate legislation
3. Interpretation
4. Meaning of “higher education course”, “module”, “credits” and related provision
5. Meaning of “course designation event”, “in-year qualifying event”, “protected category
event”, “settled status event”, “module designation event” and related provision
6. Recognition of initial further education teacher training courses
PART 2
Eligibility, designation and cap on overall support
7. Eligible students
8. Eligibility - exceptions
9. The ALL-transfer Courses List, the Gateway Courses List, and the Module Approved
Subject and Provider List
10. Designation of courses
11. Designation of modules
12. Designation - exceptions
13. Period of eligibility
14. Transfer of status
15. Cap on overall support in relation to a service year
PART 3
Applying for support, provision of information, and loan contracts
Chapter 1
Applications
16. Applications for support
17. Time limitsChapter 2
Information provision
18. Information
Chapter 3
Loan contracts
19. Requirement to enter into a contract for a loan
Chapter 4
Declarations provided by academic authorities
20. Declarations provided by academic authorities in respect of fee loans
21. Declarations provided by academic authorities in respect of loans for living costs and
supplementary grants
PART 4
Fee loans
Chapter 1
Entitlement to fee loans
22. Lifetime entitlement
23. Residual entitlement
24. Fee loan entitlement balance
25. Additional entitlement - general
26. Priority additional entitlement
27. Special additional entitlement
28. Compelling personal reasons additional entitlement
29. Repeat study additional entitlement
30. Correctional additional entitlement
Chapter 2
Qualifying conditions, availability and amounts
31. Qualifying conditions for a fee loan
32. Students who are treated as in attendance on a course
33. Availability of fee loans
34. Amount of fee loan for a course year
35. Amount of fee loan for a course
PART 5
Loans for living costs
Chapter 1
Introduction
36. Elements of the loan for living costs
37. Meaning of “student with full entitlement”, “student with reduced entitlement” and
“household income”
38. Meaning of “additional weeks entitlement”, “base entitlement”, “loan for living costs
entitlement” and “maximum loan entitlement”
39. Location categories and final course years
Chapter 2
Qualifying conditions
40. Qualifying conditions for a loan for living costs
41. Students who are treated as in attendance on a course
42. Students qualifying for a loan for living costs during a course year
Chapter 3
Calculation of the base entitlement in relation to a course year
43. Calculation of the base entitlement in relation to a course year
244. Students with reduced entitlement
45. Students with full entitlement under the age of 60
46. Students with full entitlement under the age of 60 who meet certain conditions
47. Students with full entitlement aged 60 or over
Chapter 4
Calculation of additional weeks entitlement, and maximum loan entitlement
48. Calculation of additional weeks entitlement
49. Maximum loan entitlement
Chapter 5
Reduction for household income
50. Application of this Chapter
51. Reduction for household income – students with full entitlement under the age of 60
52. Reduction for household income – students with full entitlement under the age of 60 who
meet certain conditions
53. Reduction for household income – students with full entitlement aged 60 or over
Chapter 6
Adjustment for intensity of study, and loan for living costs entitlement
54. Adjustment for intensity of study
55. Adjustment for intensity of study – concurrent study
Chapter 7
Loan for living costs entitlement where eligible student changes category during course year
56. Modification of loan for living costs entitlement calculation where students change location
category
PART 6
Supplementary grants
Chapter 1
Introduction
57. Types of supplementary grant available
58. General qualifying conditions for supplementary grants
59. Students who are treated as in attendance on a course
60. Students qualifying for a supplementary grant during a course year
Chapter 2
Disabled students’ allowance
61. Qualifying conditions for the disabled students’ allowance
62. Payment of the disabled students’ allowance
63. Amount of the disabled students’ allowance
Chapter 3
Grants for travel
64. Meaning of “expenditure”
65. Qualifying conditions for the grant for travel
66. Amount of the grant for travel - general
67. Courses in medicine and dentistry - qualifying conditions for the grant for travel
68. Courses in medicine and dentistry - amount of the grant for travel
69. Overseas study - qualifying conditions for the grant for travel
70. Overseas study - amount of the grant for travel
Chapter 4
Grants for dependants
71. Interpretation of this Chapter
72. Elements of the grants for dependants
373. Amount of the grants for dependants - general
74. Adjustment for concurrent study
75. Adult dependants’ grant - qualification and basic amount
76. Childcare grant - qualification and basic amount
77. Parents’ learning allowance - qualification and basic amount
78. Calculation of adult dependants’ grant
79. Calculation of childcare grant
80. Calculation of parents’ learning allowance
81. Assessment of net income for current year
82. Changes during a course year
PART 7
Payments
Chapter 1
Interpretation of Part 7
83. Interpretation
Chapter 2
Payment of supplementary grants
84. Payment of supplementary grants
Chapter 3
Payment of loans
85. Provision of United Kingdom national insurance number
86. Information requirements
87. Payment of fee loans
88. Payment of loans for living costs
Chapter 4
Overpayments
89. Overpayment of fee loans
90. Overpayment of supplementary grants and loans for living costs
PART 8
Consequential amendment of other subordinate legislation
Chapter 1
Amendment of the 2007 Fees and Awards Regulations
91. Amendment of the 2007 Fees and Awards Regulations
Chapter 2
Amendment of the 2016 Master’s Degree Regulations
92. Amendment of the 2016 Master’s Degree Regulations
Chapter 3
Amendment of the 2018 Doctoral Degree Regulations
93. Amendment of the 2018 Doctoral Degree Regulations
SCHEDULES
Schedule 1 — Interpretation
Part 1 — General definitions
Part 2 — Definitions relating to foundation years
Part 3 — Definitions relating to sandwich placements, study abroad and Turing mobility
4Schedule 2 — Eligible students
Part 1 — Interpretation
Part 2 — Categories
Schedule 3 — Termination of eligibility due to change of circumstance
Schedule 4 — Schedule 4 courses
Schedule 5 — Information
Schedule 6 — Fee loan per-course amounts for various higher education courses
Schedule 7 — Assessment of household income
Schedule 8 — Amendment of the 2007 Fees and Awards Regulations
The Secretary of State makes these Regulations in exercise of the powers conferred by sections
22, 28(2), 28A(1) and (3), and 42(6) and (7) of the Teaching and Higher Education Act 1998(a).
PART 1
General
Citation, commencement, extent and application
1.—(1) These Regulations—
(a) may be cited as the Lifelong Learning (Student Support) (Amendment of Fees and
Awards etc.) Regulations 2026,
(b) come into force on 1st September 2026,
(c) extend to England and Wales, and
(d) apply in relation to England.
(2) These Regulations apply to higher education courses that begin on or after 1st January 2027.
Amendments to application of other subordinate legislation
2.—(1) This regulation makes amendments in accordance with paragraphs (2) and (3).
(2) In the 2011 Student Support Regulations(b)—
(a) in regulation 1—
(i) in paragraph (3), at the start, for “These Regulations” substitute “Subject to
paragraph (4), these Regulations”;
(ii) after paragraph (3), insert—
“(4) In relation to higher education courses that begin on or after 1st January 2027, these
Regulations only apply for the purposes of Part 12 of these Regulations (support for
postgraduate students with disabilities).”;
(b) in regulation 4, for paragraph (7A) substitute—
(a) 1998 c. 30. Section 22 was amended by section 146(2) of the Learning and Skills Act 2000 (c. 21), paragraph 236 of
Schedule 6 to the Income Tax (Earnings and Pensions) Act 2003 (c. 1), section 147(3) of the Finance Act 2003 (c. 14),
sections 42(1) and 43 of the Higher Education Act 2004 (c. 8), section 257(2) of the Apprenticeships, Skills, Children
and Learning Act 2009 (c. 22), section 76(1) and (2) of the Education Act 2011 (c. 21), section 88 of the Higher
Education and Research Act 2017 (c. 29), and by S.I. 2013/1881. Section 28A was inserted by section 15 of the Skills
and Post-16 Education Act 2022 (c. 21).
(b) S.I. 2011/1986; “support” has the meaning given by regulation 2(1) of that instrument. Regulation 4(7A) was inserted
by S.I. 2018/443 and amended by S.I. 2018/599; regulation 137(3B) was inserted by S.I. 2018/599.
5“(7A) A person (“A”) is not an eligible student if A is enrolled on a course which is
designated under—
(a) regulation 4 of the Education (Postgraduate Master’s Degree Loans) Regulations
2016(a),
(b) regulation 4 of the Education (Postgraduate Doctoral Degree Loans and the
Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations
2018(b), or
(c) regulation 10 or 11 of the Lifelong Learning (Student Support) (Amendment of
Fees and Awards etc.) Regulations 2026,
and is receiving support under any of those sets of Regulations for that course.”;
(c) in regulation 137, for paragraph (3B) substitute—
“(3B) A person (“A”) is not an eligible part-time student if A is enrolled on a course
which is designated under—
(a) regulation 4 of the Education (Postgraduate Master’s Degree Loans) Regulations
2016,
(b) regulation 4 of the Education (Postgraduate Doctoral Degree Loans and the
Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations
2018, or
(c) regulation 10 or 11 of the Lifelong Learning (Student Support) (Amendment of
Fees and Awards etc.) Regulations 2026,
and is receiving support under any of those sets of Regulations for that course.”.
(3) In the Further Education Loans Regulations 2012(c), in regulation 1—
(a) in paragraph (3), at the start, for “These Regulations” substitute “Subject to paragraph
(4), these Regulations”;
(b) after paragraph (3), insert—
“(4) From 1st January 2027, these Regulations only apply in relation to the provision of
fee loans to students in connection with a further education course—
(a) that is at the level of an Access to Higher Education Diploma;
(b) that is at a level higher than an Access to Higher Education Diploma—
(i) if the course is provided by an unregistered provider, or
(ii) if the course is provided by a registered provider and begins before 1st
January 2027.
(5) For the purposes of paragraph (4)(b), a registered provider is an English higher
education provider that is registered with the Office for Students under section 3 of the
Higher Education and Research Act 2017 and an unregistered provider is a provider not
so registered.
(6) A course is not designated for the purposes of these Regulations (on which see
regulation 4) if it is designated for the purposes of the Lifelong Learning (Student Support)
(Amendment of Fees and Awards etc.) Regulations 2026.”.
(a) S.I. 2016/606.
(b) S.I. 2018/599.
(c) S.I. 2012/1818; “Access to HE Diploma” and “fee loan” have the respective meanings given by regulation 2(1) of that
instrument.
6Interpretation
3. Schedule 1 (interpretation) contains definitions.
Meaning of “higher education course”, “module”, “credits” and related provision
4.—(1) This regulation defines “higher education course” (in accordance with section 28(1) of
the 1998 Act), prescribes the meaning of “module” in relation to a higher education course (in
accordance with section 28A(2ZA) of the 1998 Act), defines “credits”, and makes related provision
for the purposes of these Regulations.
(2) A “higher education course” is a course which is of a level higher than an Access to Higher
Education Diploma, where an Access to Higher Education Diploma is a qualification that is
specifically designed to prepare persons for study at university.
(3) A “module” is the smallest unit of learning within a higher education course that has an
associated assessment (which may include examinations, essays, projects and other methods of
evaluation).
(4) Where a course designated by or under these Regulations was, immediately before the
coming into force of these Regulations, designated under the Further Education Loans Regulations
2012, that course is to be treated as coming within the meaning of “higher education course” for
the purposes of these Regulations.
(5) “Credits” means units used to signify the total amount of learning time that a student would
ordinarily be expected to spend in order to complete a particular course or part of it.
(6) Each attached credit denotes 10 notional learning hours.
Meaning of “course designation event”, “in-year qualifying event”, “protected category
event”, “settled status event”, “module designation event” and related provision
5.—(1) This regulation defines “course designation event”, “in-year qualifying event”, “protected
category event”, “settled status event” and “module designation event”, and makes related provision
for the purposes of these Regulations.
(2) A “course designation event”, in relation to a course, means any of the following—
(a) the course becomes designated under regulation 10(7);
(b) the English higher education provider which is providing the course, or on whose behalf
the course is being provided, becomes a registered provider;
(c) the course becomes a Northern Irish designated course, a Scottish designated course or
a Welsh designated course;
(d) the course becomes a recognised initial further education teacher training course.
(3) An “in-year qualifying event”, in relation to a student, means any of the following—
(a) a protected category event which occurs after the course start date;
(b) a settled status event;
(c) the student becomes a person described in paragraph 2 of Schedule 2;
(d) the student becomes a person described in paragraph 4(1)(a) of Schedule 2;
(e) the student becomes a person described in paragraph 12(1)(a) of Schedule 2;
(f) the student becomes a person described in paragraph 16(1)(a)(ii) of Schedule 2;
(g) the student becomes a person described in paragraph 22(a) of Schedule 2.
(4) A “protected category event”, in relation to a student, means any of the following—
7(a) the student or the student’s spouse, civil partner or parent becomes recognised as a
refugee;
(b) the student or the student’s spouse, civil partner or parent becomes a person granted
stateless leave;
(c) the student or the student’s spouse, civil partner or parent becomes a person granted
humanitarian protection;
(d) the student becomes a person granted section 67 leave;
(e) the student or the student’s parent becomes a person granted indefinite leave to enter
or remain as a victim of domestic violence or domestic abuse;
(f) the student becomes a person granted Calais leave;
(g) the student or the student’s parent becomes a person granted indefinite leave to enter
or remain as a bereaved partner;
(h) the student or the student’s spouse, civil partner or parent becomes a person granted
leave under one of the Afghan Schemes;
(i) the student or the student’s spouse, civil partner or parent becomes a person granted
leave under one of the Ukraine Schemes.
(5) A “settled status event”, in relation to a student, means—
(a) the student becomes a person described in paragraph 3 or 18 of Schedule 2, or
(b) the student becomes a family member described in paragraph 15(1)(a), 19(1)(a), 20(1)(a)
or 20(2)(a) of Schedule 2.
(6) Where a course designation event under paragraph (2)(b) occurs, this only has effect in
relation to a student who is undertaking an ALL-transfer course or a course for an approved HTQ
if the course start date is after the date on which the course provider becomes a registered provider.
(7) Where a protected category event occurs in relation to a student after the course start date,
paragraph (8) applies for the purposes of determining whether that event results in the student
becoming an eligible student.
(8) The student is to be treated, for the purposes of determining whether the student satisfies
any requirement in Schedule 2 to be ordinarily resident in England on the course start date, as
if the student was, on the course start date, lawfully residing in the place where the student was
residing on that date.
(9) A “module designation event”, in relation to a module, means—
(a) the module becomes designated under regulation 11(4), or
(b) the English higher education provider that is providing the module becomes a registered
provider.
(10) Where the following provisions refer to a course designation event, they are to be taken
to apply in the same way to a module designation event—
(a) regulation 17(3) (time limits for applications);
(b) regulation 31(8) (students becoming eligible during the course year);
(c) regulation 42(2) and (4) (students qualifying for a loan for living costs during a course
year);
(d) regulation 60(2) and (5) (students qualifying for a supplementary grant during a course
year);
(e) regulation 82(1) (grants for dependants - changes during a course year).
8Recognition of initial further education teacher training courses
6.—(1) The list of courses which are, in the opinion of the Secretary of State, initial further
education teacher training courses is the list as published from time to time by the Secretary of
State under regulation 2B of the 2011 Student Support Regulations.
(2) For the purposes of this regulation, a course may only be considered an initial further
education teacher training course by the Secretary of State if successful completion of the course
means that a person meets the occupational standard for a learning and skills teacher as determined
by the Secretary of State from time to time.
PART 2
Eligibility, designation and cap on overall support
Eligible students
7.—(1) An eligible student qualifies for support in connection with a designated course.
(2) Subject to regulation 8, a person (“A”) is an eligible student in connection with a designated
course if, in assessing A’s application for support, the Secretary of State determines that either—
(a) A falls within one of the categories set out in Part 2 of Schedule 2 (eligible students:
categories), or
(b) A is a returning student.
(3) In connection with a course beginning on or after 1st January 2028, paragraph (2) has effect
as if Part 2 of Schedule 2 did not contain paragraphs 14, 16, 17 and 20.
(4) For the purposes of paragraph (2)(b), A is a returning student if—
(a) A is awarded support under these Regulations in connection with a course which began
before the current course (with the earlier course being referred to in this regulation as
“the previous course”),
(b) the current course began on a date that fell within the period of eligibility of the previous
course,
(c) there has been no relevant change in A’s circumstances since A was determined to be
an eligible student in connection with the previous course.
(5) For the purposes of paragraph (4)(c)—
(a) there is a relevant change in A’s circumstances if—
(i) A was a person described in Schedule 2 for the purposes of the previous course
by virtue of being ordinarily resident in England, and A has ceased to be ordinarily
resident in England, or
(ii) any provision in Schedule 3 (termination of eligibility due to change of
circumstances) applies to A, and
(b) this change in A’s circumstances applies immediately before the first day of the course
year of the current course.
Eligibility - exceptions
8.—(1) A person (“A”) is not an eligible student if—
(a) A is—
9(i) enrolled on a course that is designated under the 2011 Student Support Regulations
and is receiving support under those Regulations other than postgraduate disabled
students’ allowance;
(ii) enrolled on a course that is designated under the Student Support (Scotland)
Regulations 2022(a), other than a course designated under any of paragraphs 7A
to 7C of Schedule 4 to those Regulations, and is receiving support under those
Regulations;
(iii) enrolled on a course that is designated under the Education (Student Support) (No.
2) Regulations (Northern Ireland) 2009(b), other than a course designated under
Part 12 or 13 of those Regulations, and is receiving support under those Regulations;
(iv) enrolled on a course that is designated under the Education (Student Support)
(Wales) Regulations 2017(c), other than a course designated under Part 13 of those
Regulations, and is receiving support under those Regulations;
(v) enrolled on a course that is designated under the Education (Student Support)
(Wales) Regulations 2018(d), other than a course designated under Schedule 4 to
those Regulations, and is receiving support under those Regulations;
(b) A is in breach of an obligation to repay a loan;
(c) A has reached the age of 18 years and has not ratified an agreement for a loan made
with A when A was under the age of 18 years (other than an excluded agreement);
(d) A has, in the opinion of the Secretary of State, shown by A’s conduct that A is unfitted
to receive support;
(e) subject to paragraph (2), A is a prisoner.
(2) Paragraph (1)(e) does not apply—
(a) where A is an eligible prisoner, or
(b) in respect of a course year during which A enters prison or is released from prison.
(3) For the purposes of paragraph (1)—
(a) “postgraduate disabled students’ allowance” means the grant payable under Part 12 of
the 2011 Student Support Regulations;
(b) “loan” means a loan made under any provision of the student loans legislation;
(c) “excluded agreement” means an agreement for a loan which is subject to the law of
Scotland and was made—
(i) on or after 25th September 1991, or
(ii) before that date, without the concurrence of the borrower’s curator or at a time
when the borrower had no curator.
(4) In paragraph (3)(b), “student loans legislation” means—
(a) the Education (Scotland) Act 1980;
(b) the Education (Student Loans) Act 1990;
(c) the Education (Student Loans) (Northern Ireland) Order 1990;
(d) the Education (Student Support) (Northern Ireland) Order 1998;
(e) regulations made under—
(a) S.S.I. 2022/157.
(b) S.R. 2009 No. 373.
(c) S.I. 2017/47 (W. 21).
(d) S.I. 2018/191 (W. 42).
10(i) either of the Acts or either of the Orders referred to in paragraphs (a) to (d), or
(ii) under the 1998 Act.
(5) In paragraph (3)(c)(ii), “borrower” means an eligible student to whom a fee loan has been
made.
The ALL-transfer Courses List, the Gateway Courses List, and the Module Approved Subject
and Provider List
9.—(1) The Secretary of State must publish from time to time in such a manner as the Secretary
of State sees fit—
(a) a list of higher education courses called “the ALL-transfer Courses List”,
(b) a list of higher education courses called “the Gateway Courses List”, and
(c) a list of subjects and providers called “the Module Approved Subject and Provider List”.
(2) The Secretary of State may approve for inclusion in the ALL-transfer Courses List any
higher education course—
(a) that is not a gateway course,
(b) that leads to a level 4, 5 or 6 qualification, and
(c) that was, immediately before the coming into force of these Regulations, approved for
funding by way of an advanced learner loan.
(3) The Secretary of State may approve for inclusion in the Gateway Courses List any higher
education course—
(a) that is not an ALL-transfer course or a course for an approved HTQ,
(b) that leads to a level 4, 5 or 6 qualification, and
(c) that is regulated by Ofqual.
(4) If a course on either the ALL-transfer Course List or the Gateway Course List is also a
Schedule 4 course, it is to be treated as an ALL-transfer course or a gateway course (as the case
may be) for the purposes of designation under regulation 10.
(5) The Secretary of State may approve for inclusion in the Module Approved Subject and
Provider List—
(a) subjects, and
(b) providers,
which the Secretary of State considers appropriate to allow for module designation under regulation
11, in the event that the full course meets the conditions referred to in regulation 10.
(6) In relation to the Module Approved Subject and Provider List, the Secretary of State must
publish from time to time in such a manner as the Secretary of State sees fit requirements to be
met by a provider in order for the provider to be approved to offer designated modules.
(7) The Secretary of State may revoke or suspend an approval given under this regulation.
Designation of courses
10.—(1) A higher education course is a designated course for the purposes of section 22(1) of
the 1998 Act and these Regulations if it meets the conditions in paragraph (2) or comes within
paragraph (6) or (7).
(2) The conditions are—
(a) it must be a Schedule 4 course, an ALL-transfer course, or a gateway course;
11(b) it must deliver at least 30 credits, unless it is an ALL-transfer course (in which case it
must deliver at least one credit);
(c) in the case of an ALL-transfer course or a gateway course, it must have credits attached;
(d) it must be substantially provided in the United Kingdom (meaning at least half the
teaching and supervision which comprises the course must be provided in the United
Kingdom);
(e) in the case of a Schedule 4 course other than a course for an approved HTQ, it must
be—
(i) wholly provided by a registered provider in England, or by a registered or an
unregistered provider on behalf of a registered provider in England,
(ii) provided by a registered provider in England in conjunction with an institution
which is situated outside the United Kingdom,
(iii) wholly provided by an authority-funded institution in Scotland or Northern Ireland,
or by a regulated institution in Wales,
(iv) provided by an institution in Scotland, Northern Ireland or Wales on behalf of a
registered provider in England,
(v) provided by an authority-funded institution in Scotland or Northern Ireland or by
a regulated institution in Wales, in conjunction with an institution which is situated
outside the United Kingdom,
(vi) provided by a registered provider in England on behalf of an authority-funded
institution in Scotland or Northern Ireland or a regulated institution in Wales, or
(vii) provided by a publicly funded institution in Scotland, Northern Ireland or Wales,
on behalf of an authority-funded institution in Scotland or Northern Ireland or a
regulated institution in Wales;
(f) in the case of a course in England that is a course for an approved HTQ, an ALL-transfer
course or a gateway course, it must be (noting the provision in regulation 5(6))—
(i) provided by a registered provider, or
(ii) provided by a registered or an unregistered provider on behalf of a registered
provider;
(g) in the case of a course that falls within paragraph 1, 2, 4, 6, 7, 8, 9, or 10 of Schedule
4—
(i) it must lead to an award (meaning any degree, diploma, certificate or other academic
award or distinction) granted or to be granted by a body falling within section
214(2)(za), (zb), (a) or (b) of the Education Reform Act 1988(a), and
(ii) the teaching and supervision which comprise the course must have been approved
by that body;
(3) For the purposes of paragraph (2)(e) and (f)—
(a) a course is provided by an institution if the institution provides the teaching and
supervision which comprise the course, whether or not the institution has entered into
an agreement with the student to provide the course,
(b) an institution is not to be regarded as publicly funded or authority-funded by reason
only that it receives public funds from the governing body of a higher education
(a) 1988 c. 40.
12institution in accordance with section 65(3A) of the Further and Higher Education Act
1992(a), and
(c) a course is not to be regarded as provided on behalf of an authority-funded educational
institution or a regulated institution where a part of the course is provided by a private
institution in Scotland, Northern Ireland or Wales, or by a private institution which is
an unregistered provider in England.
(4) Subject to regulation 12(1)(d), a course to which this paragraph applies is considered to be
a single course for a first degree or for an equivalent qualification even if—
(a) the course leads to another degree or qualification being conferred before the degree or
equivalent qualification, and
(b) part of the course is 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 surgeon, architect, landscape
architect, landscape designer, landscape manager, town planner, or town and country planner.
(6) Each of the following is also a designated course—
(a) a Northern Irish designated course;
(b) a Scottish designated course;
(c) a Welsh designated course.
(7) The Secretary of State may from time to time—
(a) designate a higher education course that is not designated under paragraph (2), subject
to such conditions as the Secretary of State sees fit, and
(b) publish in such a manner as the Secretary of State sees fit a list of the courses that are
so designated (to be known as “the Courses Designated by Letter List”), less the related
conditions.
(8) The Secretary of State may revoke or suspend the designation of a course which is designated
under this regulation.
(9) This regulation is to be read subject to regulation 12 (designation: exceptions).
(10) In this regulation, “authority-funded” means—
(a) in relation to an educational institution in Scotland, maintained or assisted by recurrent
grants from the Scottish Funding Council;
(b) in relation to an educational institution in Northern Ireland, maintained or assisted by
recurrent grants from the Department for the Economy in Northern Ireland or the
Department for Agriculture, Environment and Rural Affairs in Northern Ireland.
Designation of modules
11.—(1) A module is a designated module, and is to be treated as a designated course for the
purposes of—
(a) section 22(1) of the 1998 Act, and
(b) these Regulations, other than regulations 4(3), 5(9), 9, 23(3)(e) and this regulation,
if it meets the conditions in paragraph (2) or comes within paragraph (4).
(2) The conditions are—
(a) the module must be part of a full course that—
(a) 1992 c. 13.
13(i) is a Schedule 4 course,
(ii) is in a subject that is listed in the Module Approved Subject and Provider List,
unless the full course is a course for an approved HTQ,
(iii) is provided by a provider that is listed in the Module Approved Subject and Provider
List, and
(iv) leads to a level 6 qualification or an approved HTQ,
(b) the module must have—
(i) credits attached,
(ii) a value of at least 30 credits, and
(iii) the same credit value as when taken as part of the full course,
(c) the content of the module must be of level 4, 5 or 6, or a mixture of these, with a single
overall attributed level based on the judgment of the provider, and which is the same
as when the module is taken as part of the full course,
(d) the module must be provided—
(i) by the same institution that provides the full course of which it is a part, and
(ii) wholly by a registered provider in England, or by a registered provider in England
in conjunction with an institution which is situated outside the United Kingdom,
and
(e) a standardised transcript must be available for provision to students who complete the
module, with “standardised transcript” meaning that the transcript must accord with
guidance issued by the Secretary of State (whether before or after these Regulations are
made) on transcripts for modules covered by these Regulations.
(3) For the purposes of paragraph (2)(d)(i), a module is provided by an institution if the
institution provides the teaching and supervision which comprise the module.
(4) The Secretary of State—
(a) may designate a module of a full course that is a designated higher education course,
where the module has credits attached and—
(i) is in a subject that is listed in the Module Approved Subject and Provider List, but
is provided by a provider that is not on that list,
(ii) is provided by a provider that is listed in the Module Approved Subject and Provider
List, but is in a subject that is not on that list, or
(iii) is in a subject that is not listed in the Module Approved Subject and Provider List,
and is provided by a provider that is not on that list,
in each case subject to such conditions as the Secretary of State sees fit, and
(b) must publish in such a manner as the Secretary of State sees fit a list of full courses
the modules of which are designated under sub-paragraph (a) (to be known as “the
Modules Alternative Approvals List”), comprising two parts as follows—
(i) Part 1 (to be headed “Alternative Entry Mechanism Approvals”): listing full courses,
and associated providers, that come within sub-paragraph (a)(i), and
(ii) Part 2 (to be headed “Specific Approvals”): listing specific modules from full
courses, and associated providers, that come within sub-paragraph (a)(ii) or (iii),
in each case less the related conditions.
(5) A bundle of modules is a “designated bundle of modules”, and is to be treated as a designated
module for the purposes of section 22(1) of the 1998 Act and these Regulations, if taken together
14the modules comprising the bundle of modules meet the conditions in paragraph (2) or come
within paragraph (4).
(6) The Secretary of State may revoke or suspend the designation of a module which is
designated under this regulation.
(7) This regulation is to be read subject to regulation 12 (designation: exceptions).
Designation - exceptions
12.—(1) A course is not a designated course if any of the following apply—
(a) in the case of a postgraduate pre-registration course—
(i) it is a distance learning course, or
(ii) it is less than two course years long;
(b) in the case of a course falling within paragraph 6 or 7 of Schedule 4—
(i) the governing body of a maintained school or of an Academy has arranged for the
provision of the course to a pupil of the school or Academy respectively, or
(ii) the course is less than one year long;
(c) the course is taken as part of an employment-based teacher training scheme;
(d) in the case of a first degree course (other than a graduate entry accelerated programme
or a graduate entry veterinary course)—
(i) it leads to the award of a professional qualification, and
(ii) a first degree (or equivalent qualification) would normally be required for entry to
a course leading to the award of that professional qualification;
(e) it is a UK dual degree programme;
(f) its designation has been revoked or suspended under regulation 10(8) or 11(6).
(2) In paragraph (1)(b)(i)—
(a) “Academy” means a school to which Academy arrangements under section 1 of the
Academies Act 2010(a) relate;
(b) “maintained school” means a community, foundation or voluntary school, a community
or foundation special school or a maintained nursery school.
(3) In paragraph (1)(e), “UK dual degree programme” means a single course of study offered
by an institution in the United Kingdom leading to the award by that institution of two first
degrees, other than a full-time course leading to a qualification as a—
(a) medical doctor,
(b) dentist,
(c) veterinary surgeon,
(d) architect,
(e) landscape architect,
(f) landscape designer,
(g) landscape manager,
(h) town planner, or
(i) town and country planner.
(a) 2010 c. 32.
15Period of eligibility
13.—(1) A student’s status as an eligible student in connection with a designated course—
(a) begins on the course start date, and
(b) is retained until the status terminates in accordance with this regulation or Schedule 3
(termination of eligibility due to change of circumstance).
(2) The period for which an eligible student retains the status of being an eligible student is
the “period of eligibility”.
(3) Subject to paragraphs (4) to (6) and Schedule 3, the period of eligibility terminates—
(a) where a course lasts for more than 12 months, at the end of the course year in which
the student completes the course;
(b) where a course lasts for 12 months or less, 12 months after the course start date.
(4) The period of eligibility terminates when the eligible student (“A”)—
(a) withdraws from A’s designated course in circumstances where the Secretary of State
has not transferred, or will not transfer, A’s status as an eligible student under regulation
14, or
(b) abandons or is expelled from A’s designated course.
(5) The Secretary of State may terminate the period of eligibility where A has shown by A’s
conduct that A is unfitted to receive support.
(6) Where the period of eligibility terminates—
(a) before the end of the course year in which the student would complete the course, or
(b) within 12 months of the course start date, in the case of a course that lasts 12 months
or less,
the Secretary of State may at any time renew the period of eligibility for such period as the
Secretary of State considers appropriate.
Transfer of status
14.—(1) Where an eligible student (“A”) transfers from a designated course to another designated
course, the Secretary of State must transfer A’s status as an eligible student to that course where—
(a) the Secretary of State receives a request from A to do so, and
(b) the period of eligibility has not terminated.
(2) After the transfer has taken place, the Secretary of State must reassess the amount of support
to which A is entitled in relation to the course from which A has transferred.
Cap on overall support in relation to a service year
15.—(1) An eligible student does not qualify for any support in relation to a course year (“course
year A”) if—
(a) the credit value of course year A exceeds 180, or
(b) the eligible student has applied, and qualified, for any support in relation to one or more
course years of other courses (“the other course year or years”) where—
(i) course year A and the other course year or years all begin in the same service year,
and
16(ii) the combined credit value of course year A and the other course year or years
exceeds 180.
(2) Paragraph (1) applies regardless of whether the provider in relation to any of the courses
undertaken by the eligible student is an English higher education provider or is an institution in
Scotland, Northern Ireland or Wales.
(3) An eligible student’s entitlement to support under Parts 4, 5 and 6 is subject to paragraph
(1).
PART 3
Applying for support, provision of information, and loan contracts
Chapter 1
Applications
Applications for support
16.—(1) A person (referred to in this Part as “the applicant”) must apply for support in relation
to each course 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) Where an applicant is applying for support in relation to more than one course in the same
service year, the applicant may submit a single application in respect of support for multiple
courses.
(3) An applicant must apply for support in relation to each course year of each designated
course for which support is required.
(4) The Secretary of State may take such steps and make such inquiries as the Secretary of
State considers necessary to determine, in relation to each course or each course year for which
the applicant applies for support—
(a) whether the applicant is an eligible student,
(b) whether the applicant qualifies for support, and
(c) the amount of support payable, if any.
(5) The Secretary of State must notify the applicant of whether the applicant qualifies for support
and, if so, the amount of support payable in respect of each course year to which their application
for support relates.
Time limits
17.—(1) The general rule is that—
(a) in the case of a course that lasts less than 12 months, an application for support must
reach the Secretary of State by the earlier of—
(i) the end of the ninth month of the course year in which the course starts, or
(ii) the end date of the course;
(b) in the case of a course that lasts 12 months or longer, an application for support must
reach the Secretary of State by the earlier of—
(i) the end of the ninth month of the course year in respect of which the applicant is
applying for support, or
17(ii) the end date of the course.
(2) The general rule does not apply where any of paragraphs (3) to (11) apply.
(3) Where an in-year qualifying event or a course designation event occurs after the first day
of the course year in respect of which the applicant is applying for support, the application must
reach the Secretary of State by the earlier of—
(a) the end of the period of nine months that begins with the day on which the event
occurred, or
(b) the end date of the course.
(4) Where the applicant is making a separate application for a fee loan or for a loan for living
costs or is applying for an additional amount of fee loan and paragraph (5) or (6) applies, or
where the applicant is applying for an additional amount of loan for living costs and paragraph
(7) applies, the application must reach the Secretary of State by the earlier of—
(a) one month before the end of the course year to which the application relates, or
(b) the end date of the course.
(5) If a student's status as an eligible student is transferred from one designated course to another
under regulation 14, the student may apply to borrow an additional amount by way of a fee loan
in respect of the course year of the course to which that student transfers.
(6) Where a student has applied for a fee loan of less than the maximum amount available in
relation to a course year, the student may apply to borrow an additional amount which, when
added to the amount already applied for, does not exceed the maximum applicable in the student's
case.
(7) Where a student has applied for a loan for living costs of less than the maximum amount
to which the student is entitled in relation to the course year, the student may apply to borrow
an additional amount which, when added to the amount already applied for, does not exceed the
maximum applicable in the student's case.
(8) Where the applicant is applying to borrow an additional amount of loan for living costs in
the circumstances set out in paragraph (9), the application must reach the Secretary of State by
the later of—
(a) one month before the end of the course year to which the application relates, or
(b) within a period of one month beginning with the day on which the applicant receives
notice of the increased maximum amount.
(9) The circumstances are—
(a) the Secretary of State determines that the maximum amount of loan for living costs in
relation to a course year should be increased (including an increase from nil) as a result
of a reassessment of the student's household income under Schedule 7 or otherwise, and
(b) the Secretary of State considers that the increase in the maximum amount of the loan
in question does not result from the eligible student—
(i) failing to provide information promptly, which might affect the student's ability to
qualify for the loan or loans in question or the amount of loan or loans in question
for which the student qualifies, or
(ii) providing information that is inaccurate in any material particular.
(10) Where the applicant is applying for the disabled students’ allowance, the application must
reach the Secretary of State as soon as is reasonably practicable.
(11) Where the Secretary of State considers that, having regard to the circumstances of the
particular case, the time limit should be relaxed, the application must reach the Secretary of State
no later than such date as the Secretary of State specifies.
18Chapter 2
Information provision
Information
18.—(1) Schedule 5 (information) sets out requirements regarding the provision of information.
(2) If the Secretary of State is satisfied that an eligible student has failed to comply with a
requirement to provide information under these Regulations or has provided information which
is inaccurate in a material particular, the Secretary of State may take such of the following actions
as the Secretary of State considers appropriate in the circumstances—
(a) terminate the period of eligibility;
(b) determine that the student no longer qualifies for any particular support or particular
amounts of support;
(c) treat any support paid to the student as an overpayment which may be recovered under
Chapter 4 (overpayments) of Part 7 (payments).
Chapter 3
Loan contracts
Requirement to enter into a contract for a loan
19.—(1) To receive a loan for a designated course, a student must enter into a loan contract
with the Secretary of State in respect of that course.
(2) Where the Secretary of State requires a contract to be signed by a student, an electronic
signature in such form as the Secretary of State may specify satisfies such a requirement.
Chapter 4
Declarations provided by academic authorities
Declarations provided by academic authorities in respect of fee loans
20.—(1) Subject to paragraph (2), an academic authority must complete a declaration in relation
to an application for a fee loan in such form as may be required by the Secretary of State.
(2) An academic authority is not required to complete a declaration if it is unable to give the
confirmation required.
(3) In this regulation, “declaration” means—
(a) a statement—
(i) that provides the course information, and
(ii) that confirms that the applicant has undertaken at least two weeks of the designated
course in respect of which the applicant is applying for support under Part 4;
(b) certification by the academic authority that it considers that it will be possible for the
applicant to complete the course year in accordance with the minimum intensity
requirement in regulation 31(5).
(4) For the purposes of paragraph (3)(a), “course information” means—
(a) the amount of fees being charged for in respect of each activity in the course year in
respect of which the applicant is applying for support;
(b) certification by the academic authority that it considers the course to be a designated
course;
19(c) the credit value of each activity within—
(i) the course year, and
(ii) the course as a whole; and
(d) the first day of the first term week in respect of the course year and the last day of the
last term week in respect of the course year.
(5) For the purposes of paragraph (3)(b), the academic authority must have regard to—
(a) any increase in intensity of study that would be required for the applicant to complete
the course year in accordance with the minimum intensity requirement referred to in
paragraph (3)(b), and
(b) any parts of the course which the applicant has been required to repeat.
Declarations provided by academic authorities in respect of loans for living costs and
supplementary grants
21.—(1) Subject to paragraph (2), an academic authority must complete a declaration in relation
to an application for a loan for living costs or supplementary grants (or both) in such form as
may be required by the Secretary of State.
(2) An academic authority is not required to complete a declaration if it is unable to give the
confirmation required.
(3) In this regulation, “declaration” means a statement that provides, for the purposes of this
Part and Parts 5 and 6—
(a) confirmation by the academic authority of—
(i) the first day of the first term week in respect of the course year and the last day
of the last term week in respect of the course year, and
(ii) the number of credits which the eligible student is likely to obtain in each course
year of the course; and
(b) certification by the academic authority that it considers that it will be possible for the
applicant to complete the course in accordance with the minimum study intensity
requirement in regulation 40(3), 61(2), 65(2), 75(2), 76(2) or 77(2).
(4) For the purposes of paragraph (3)(b), the academic authority must have regard to—
(a) any increase in intensity of study that would be required for the applicant to complete
the course within the period specified in paragraph (3)(b), and
(b) any parts of the course which the applicant has been required to repeat.
PART 4
Fee loans
Chapter 1
Entitlement to fee loans
Lifetime entitlement
22.—(1) For the purposes of section 22(2)(ba) of the 1998 Act, as treated as inserted by section
28A(1)(c) of the 1998 Act, an eligible student has a lifetime limit (or “lifetime entitlement”) in
respect of fee loans, as provided for in this regulation.
(2) The lifetime entitlement of an eligible student is £39,160.
20Residual entitlement
23.—(1) Deductions are to be made from the lifetime entitlement for an eligible student in
respect of any tuition fee funding for—
(a) relevant prior study (on which see paragraph (2)) that took place before the coming into
force of these Regulations;
(b) study that takes place after the coming into force of these Regulations and which is
funded—
(i) under the 2011 Student Support Regulations (due to the course having started before
1st January 2027);
(ii) by an advanced learner loan for a course at a level higher than an Access to Higher
Education course and no higher than a first degree course;
(iii) by a devolved government under the Education (Student Support) (Wales)
Regulations 2018, the Student Support (Scotland) Regulations 2022 or the Education
(Student Support) (Northern Ireland) Regulations 2009(a),
with the remaining amount available to the student being referred to as their “residual entitlement”.
(2) For the purposes of paragraph (1)(a), “relevant prior study” is learning from any of the
categories in paragraph (3) that was supported by the government of the United Kingdom or by
a devolved government (in Wales, Scotland or Northern Ireland) via any of the following means
of funding being paid directly to the provider—
(a) a student loan for tuition fees, other than for courses designated under any of the
following—
(i) the 2016 Master’s Degree Regulations;
(ii) the 2018 Doctoral Degree Regulations;
(iii) the Higher Education Short Course Loans Regulations 2022(b);
(iv) the Education (Postgraduate Master's Degree Loans) (Wales) Regulations 2017(c);
(v) the Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 2018(d);
(vi) the Education (Student Support) (Postgraduate Master's Degrees) (Wales) Regulations
2019(e);
(vii) paragraphs 7A to 7C of Schedule 4 to the Student Support (Scotland) Regulations
2022;
(viii) paragraphs 8 to 9A of Schedule 2 to the Education (Student Loans) (Scotland)
Regulations 2007(f);
(ix) Part 13 of the Education (Student Support) (No. 2) Regulations (Northern Ireland)
2009(g);
(b) a student grant for tuition fees;
(c) Student Awards Agency Scotland tuition fee funding for study at a Scottish provider,
(meaning non-repayable tuition fee payments to a Scottish provider by the Scottish
Government on behalf of a student);
(d) block grant funding;
(a) S.R. 2009 No. 37.
(b) S.I. 2022/349.
(c) S.I. 2017/523 (W. 109).
(d) S.I. 2018/656 (W. 124).
(e) S.I. 2019/895 (W. 161).
(f) S.S.I. 2007/154.
(g) S.R. 2009 No. 373.
21(e) funding in respect of modules of approved HTQ courses that were eligible for funding
via the modular acceleration programme.
(3) The categories are—
(a) higher education courses that were designated for the purposes of tuition fee support,
or that were provided by institutions that received public funding in respect of tuition
fees—
(i) which started before 1st September 1998 and where there were no tuition fees
charged to the student (“category 1A”);
(ii) which started on or after 1st September 1998 and before 1st September 2012, where
there were no privately funded contributions from the student, including where any
of the circumstances in paragraph (4) apply (“category 1B”);
(iii) which started on or after 1st September 1998 and before 1st September 2012, where
there were privately funded contributions from the student, including where any
of the circumstances in paragraph (4) apply (“category 1C”);
(b) higher education courses designated for the purposes of tuition fee support, where the
course began on or after 1st September 2012 and sub-paragraph (c) does not apply
(“category 2”);
(c) higher education courses funded by the Student Awards Agency Scotland, excluding
study at level 7 or above that comes within paragraph (2)(a)(vii) or (viii), where the
course began on or after 1st September 2012 and was undertaken at a provider in
Scotland (“category 3”);
(d) study funded at level 4, 5 or 6 by an advanced learner loan (“category 4”);
(e) funding in respect of modules of a course for an approved HTQ that was funded by the
modular acceleration programme (“category 5”).
(4) The circumstances referred to in paragraph (3)(a)(ii) and (iii) are—
(a) the student began a full-time course that began on or after 1st September 2012, having
transferred their status as an eligible student from a full-time course that began before
1st September 2012;
(b) the student began a part-time course that began on or after 1st September 2012, having
transferred their status as an eligible student from a part-time course that began before
1st September 2012
(c) the student returned to study a new course on or after 1st September 2012, after agreeing
a period of suspension with the provider from a course that began before 1st September
2012;
(d) the student started an end-on course.
(5) Deductions in respect of categories 1A, 1B and 3 are—
(a) £9,790 per year of full-time study;
(b) £4,895 per year of part-time study, or per year of study comprising both full-time and
part-time study;
(c) £1,955 per year of work placement;
(d) £1,465 per year of study abroad;
(e) £1,465 per Erasmus year or Turing mobility year.
(6) Deductions in respect of category 1C are—
(a) £6,325 per year of full-time study;
22(b) £3,162.50 per year of part-time study, or per year of study comprising both full-time
and part-time study;
(c) £1,265 per year of work placement;
(d) £948.75 per year of study abroad;
(e) £948.75 per Erasmus year.
(7) Deductions in respect of category 2 are to equate to the exact amount of fee loan or grant
that was paid for the student’s study, multiplied by £9,790 and then divided by the deduction
amount as set out in the following table (with any fractions of a penny to be disregarded)—
Year of study Deduction amount
2012 - 2024 £9,250
2025 / 2026 £9,535
2026 / 2027 £9,790
(8) Deductions in respect of category 4 are to equate to the exact amount of advanced learner
loans taken, excluding any amount that was cancelled in accordance with regulation 25 of the
Further Education Loans Regulations 2012.
(9) A deduction in respect of category 5 is to equate to £2,447.50 where any study on the
modular acceleration programme has been undertaken (irrespective of the quantity of such study).
(10) In relation to categories 1A, 1B, 1C and 2 to 4, there is to be no deduction in respect of
any period of study that the Secretary of State considers was impacted by compelling personal
reasons.
(11) In paragraph (7), “year of study” means—
(a) for courses that started on or after 1 September 2012 and before 1st August 2024, the
year starting on or after 1st September and ending before 1st August;
(b) for years thereafter, the year starting on or after 1st August and ending before 31st July.
(12) For the purposes of this regulation—
“block grant funding” means public funding provided to a higher education provider in
respect of higher education courses with designation for support described in paragraph
(3)(a), as a lump sum or general allocation for the purpose of supporting the provider’s
institutional activities (including teaching and research), where such funding is not allocated
by reference to individual students, including funding provided by—
(a) local authorities,
(b) the Higher Education Funding Council for England or any devolved administration,
or
(c) any other public body exercising equivalent higher education funding functions;
“end-on course” means—
(a) a full-time honours degree course beginning on or after 1st September 2012 which,
disregarding any intervening vacations, a student begins to attend immediately
after ceasing to attend a full-time course mentioned in paragraph 2, 3 or 4 of
Schedule 4 or a full-time foundation or ordinary degree course, which started
before 1st September 2012, having achieved a qualification;
(b) a full-time distance learning honours degree course beginning on or after 1st
September 2012 which, disregarding any intervening vacations, a student begins
immediately after ceasing to undertake a distance learning foundation or ordinary
23degree course, which started before 1st September 2012, having achieved a
qualification;
“Erasmus year” means an academic year of a course where a student participated in the
action scheme of the European Union for the mobility of university students known as
ERASMUS, where the student’s course is designated under the 2011 Student Support
Regulations, or was designated for the purposes of funding for tuition fees under other
Regulations, or was provided by an institution that received public funding in respect of
tuition fees, and—
(a) where the course is provided by an institution in Northern Ireland, all the periods
of study or work placement during the academic year are attended at an institution
or workplace outside the United Kingdom, or
(b) where the course is provided by an institution in England, Scotland or Wales—
(i) at least one period of study or work placement is attended at an institution
or workplace outside the United Kingdom, and
(ii) either—
(aa) in respect of that academic year, the aggregate of any one or more
periods of full-time study at the institution in the United Kingdom
is less than 10 weeks, or
(bb) in respect of that academic year and any previous academic years
of the course, the aggregate of any one or more periods of
attendance which are not periods of full-time study at the institution
in the United Kingdom (disregarding any intervening vacations)
exceeds 30 weeks;
“healthcare bursary” as defined in Schedule 1 is to be read as additionally covering a
bursary or award of similar description under section 63 of the Health Services and Public
Health Act 1968(a) made in respect of a course beginning before 1st August 2017 that
was provided by an institution in England;
“modular acceleration programme” refers to a programme to support delivery of individual
modules of a course for an approved HTQ, where the learning took place between 1st
February 2024 and 31st December 2025 inclusive;
“student grant for tuition fees” does not include the following—
(a) a healthcare bursary (as referred to in paragraph (a) of the definition of “bursary
year” in Schedule 1 and modified by this paragraph);
(b) a Scottish healthcare allowance;
(c) a healthcare tuition payment (as referred to in paragraph (b) of the definition of
“bursary year” in Schedule 1);
(d) a bursary to study social work;
(e) tuition fees funded by apprenticeship levy (by virtue of regulations made under
Part 6 of the Finance Act 2016(b));
(f) grants funded under the Education (Student Support) (Postgraduate Master’s
Degree) (Wales) Regulation 2019(c);
(g) a bursary under the NHS Bursary Scheme (on which see paragraph (c) of the
definition of “bursary year” in Schedule 1);
(a) 1968 c. 46.
(b) 2016 c. 24.
(c) S.I. 2024/501 (W. 79).
24“tuition fee support” means funding from the government (including local authorities) in
relation to tuition fees, provided in the form of a loan or a grant;
“Turing mobility year” means an academic year of a course where the student’s course
was designated under the 2011 Student Support Regulations, or was designated for the
purposes of tuition fee support under other Regulations, or was provided by an institution
that received public funding in respect of tuition fees, and—
(a) in relation to a course provided by an institution in England, Wales or Scotland,
is where—
(i) at least one period of study or work placement during the academic year is
attended at an institution or workplace outside the United Kingdom as part
of the Turing Scheme, or in relation to a course provided by an institution
in Wales, as part of the scheme established by the Welsh Ministers known
as the International Learning Exchange Programme, and
(ii) either—
(aa) the aggregate of any one or more periods of full-time study at the
institution in the United Kingdom is less than 10 weeks, or
(bb) the aggregate of any periods of attendance in relation to the
academic year and any previous academic years of the course
which were not periods of full-time study at the institution in the
United Kingdom (disregarding any intervening vacations) exceeds
30 weeks;
(b) in relation to a course provided by an institution in Northern Ireland, is where
all the periods of study or work placement during the academic year are attended
at an institution or workplace outside the United Kingdom as part of the Turing
Scheme;
“year of work placement” means—
(a) an academic year of a sandwich course during which any periods of full-time
study are in aggregate less than 10 weeks, or
(b) in respect of the academic year referred to in paragraph (a) and any previous
academic years of the course, the aggregate of any one or more periods of
attendance which are not periods of full-time study at the institution (disregarding
any intervening vacations) exceeds 30 weeks.
(13) In this regulation—
(a) a course is a “sandwich course” if—
(i) it is not a course for the initial training of teachers or an academic year of a
designated course that is an Erasmus year,
(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 or undertakes the periods of
full-time study for an average of not less than 18 weeks in each year;
(b) in calculating the student's periods of full-time study for the purposes of sub-paragraph
(a), the course is to be treated as beginning with the first period of full-time study and
ending with the last such period;
(c) for the purposes of sub-paragraph (a), where periods of full-time study and work
experience alternate within any week of the course, the days of full-time study are
aggregated with each other and with any weeks of full-time study in determining the
number of weeks of full-time study in each year.
25Fee loan entitlement balance
24.—(1) The fee loan entitlement balance of an eligible student (“A”) is what remains of A’s
lifetime entitlement or residual entitlement (as the case may be) after—
(a) making deductions for any learning funded under these Regulations (as referred to in
regulation 87), and
(b) adding any compelling personal reasons additional entitlement (as referred to in regulation
28).
(2) Deductions for the purposes of paragraph (1)(a) are to equate to the exact amount of fee
loan paid for the student’s study, multiplied by £9,790 and then divided by the deduction amount
as set out in the following table (with any fractions of a penny to be disregarded)—
Year of study Deduction amount
2026 - 2027 £9,790
(3) In paragraph (1), “residual entitlement” has the meaning given by regulation 23.
(4) In paragraph (2), “year of study” means courses starting on or after 1st August 2026 and
ending before 31st July 2027.
Additional entitlement - general
25.—(1) Additional funding (or “additional entitlement”) is to be made available if an eligible
student (“A”) meets the qualifying conditions for the type of additional entitlement in question
and the cost of A’s course exceeds A’s fee loan entitlement balance.
(2) There are five types of additional entitlement, as follows—
(a) priority additional entitlement;
(b) special additional entitlement;
(c) compelling personal reasons additional entitlement;
(d) repeat study additional entitlement;
(e) correctional additional entitlement.
(3) Additional entitlement can be awarded in connection with a maximum of—
(a) 120 credits per course, in the case of repeat study additional entitlement, or
(b) 180 credits in a course year, in the case of priority additional entitlement, special
additional entitlement or correctional additional entitlement.
(4) Compelling personal reasons additional entitlement may be awarded irrespective of A’s fee
loan entitlement balance.
Priority additional entitlement
26.—(1) An eligible student (“A”) qualifies for priority additional entitlement if A is undertaking
a course from the following list (to be known as “the priority additional entitlement course list”)—
(a) a designated course leading to a qualification as a medical doctor and professional
registration with the General Medical Council;
(b) a designated course leading to a qualification as a dentist and professional registration
with the General Dental Council, excluding postgraduate dental profession courses;
(c) a designated course which is a pre-registration course or a postgraduate pre-registration
course leading to—
26(i) an undergraduate degree in nursing and social work, which leads to a professional
registration with the Nursing and Midwifery Council, Social Work England, Social
Care Wales, the Scottish Social Services Council, or the Northern Ireland Social
Care Council;
(ii) an undergraduate degree, postgraduate master’s degree or postgraduate diploma in
midwifery or nursing and professional registration with the Nursing and Midwifery
Council;
(iii) an undergraduate degree, postgraduate master’s degree or postgraduate diploma in
an allied health profession subject and leading to professional registration with the
Health and Care Professions Council;
(iv) an undergraduate degree or diploma in operating department practice and
professional registration with the Health and Care Professions Council;
(v) an undergraduate degree, diploma or foundation degree in a dental profession
subject and leading to professional registration with the General Dental Council;
(d) a designated course in initial teacher training leading to qualified teacher status in
England or registration with a relevant regulatory body such as the Education Workforce
Council (in Wales), the General Teaching Council for Scotland or the General Teaching
Council for Northern Ireland;
(e) a designated course in initial further education teacher training;
(f) a designated course leading to a qualification as a social worker and professional
registration with Social Work England, Social Care Wales, the Scottish Social Services
Council or the Northern Ireland Social Care Council.
(2) The amount of priority additional entitlement is the lesser of—
(a) the remaining fees payable by A in respect of the current course;
(b) the amount of fee loan available for the remaining credits to be undertaken (on which
see regulation 35).
(3) Priority additional entitlement ceases to be available if A ceases to attend the course in
relation to which it was made available.
(4) For the purposes of paragraph (1)(c), “pre-registration course” means an education and
training programme leading to a qualification the standard of which is not higher than a first
degree course, and which is a condition of inclusion in the register (or, as the case may be, the
relevant part or parts of the register) maintained by any of the following—
(a) the Health and Care Professions Council, for operating department practice and allied
health profession subjects, other than dental profession subjects;
(b) the Nursing and Midwifery Council, for midwifery or nursing;
(c) the General Dental Council, for dental profession subjects;
(d) Social Work England and the Nursing and Midwifery Council, for nursing and social
work.
Special additional entitlement
27.—(1) There are two types of special additional entitlement—
(a) special additional entitlement for a special period, and
(b) special additional entitlement for a longer course.
(2) An eligible student (“A”) qualifies for special additional entitlement—
(a) if priority additional entitlement is not available, and
27(b) if A is undertaking either or both of the following—
(i) a special period referred to in paragraph (3);
(ii) a longer course referred to in paragraph (5).
(3) A special period is a period of—
(a) study abroad,
(b) sandwich placement,
(c) Turing mobility,
(d) lower fee foundation year study, or
(e) higher fee foundation year study.
(4) The amount of special additional entitlement for a special period is whichever of the following
amounts is the lowest—
(a) the amount of tuition fees charged in respect of the special period;
(b) the amount of fee loan determined under regulation 34;
(c) the remaining fees payable in respect of the course.
(5) For the purposes of this regulation, a longer course is a course the duration of which is the
full-time equivalent of at least five years of normal taught study (600 credits or 6,000 notional
learning hours), where—
(a) the course is provided by, or on behalf of, a provider located in Scotland, or
(b) the course is a first degree course that is—
(i) a course for qualification as a veterinary surgeon that leads to professional
registration as a veterinary surgeon with the Royal College of Veterinary Surgeons,
(ii) a standalone Master’s Degree in Architecture undertaken in connection with an
undergraduate degree, where the two courses together lead to a qualification as an
architect and professional registration with the Architects Registration Board, or
(iii) a course that incorporates both a first degree Architecture course and a Master’s
Degree in Architecture that leads to a qualification as an architect and professional
registration with the Architects Registration Board.
(6) The amount of special additional entitlement for a longer course is the lesser of—
(a) the remaining fees payable by A in respect of the longer course;
(b) 240 credits multiplied by the per-credit limit for normal taught study as valued at the
time when the study takes place (on which see regulation 34(3)(a)).
(7) Subject to paragraphs (8) and (9), special additional entitlement ceases to be available if A
ceases to attend the course in relation to which it was made available.
(8) Special additional entitlement for special periods will be retained if a student transfers their
eligibility status (on which see regulation 14) to another course within the same CAH1 code
subject groupings.
(9) Special additional entitlement for longer courses will be retained if a student transfers their
eligibility status (on which see regulation 14) to a course referred to in paragraph (5).
(10) If a student who is undertaking a special period referred to in paragraph (3)—
(a) abandons or withdraws from their course within that special period, or
(b) transfers from their course to another course that is outside the CAH1 code subject
groupings,
their special additional entitlement ceases.
28(11) Courses mentioned in paragraph (5)(b)(ii) and (iii) are, in each case, to be treated as a
single course.
(12) For the purposes of paragraphs (8) and (10), “CAH1 code” means a Common Aggregated
Hierarchy 1 code associated with a subject, as referred to in version 1.3.4 of the Higher Education
Classification of Subjects coding system(a).
Compelling personal reasons additional entitlement
28.—(1) An eligible student (“A”) qualifies for compelling personal reasons additional
entitlement—
(a) where the Secretary of State determines that A is repeating or ceasing to attend, or that
A repeated or ceased to attend, a course because of compelling personal reasons, and
(b) if the credits that A is repeating or which A ceased to undertake—
(i) were credits for which A received a fee loan under these Regulations, and
(ii) were not funded by priority additional entitlement.
(2) The amount of compelling personal reasons additional entitlement is the amount of fee loan
that was received by A for the credits that were impacted by the compelling personal reasons.
(3) Compelling personal reasons additional entitlement—
(a) is to be added to A’s fee loan entitlement balance, as valued at the time when the
circumstances giving rise to the compelling personal reasons take place, and
(b) is available for A to use towards a designated course of A’s choice.
Repeat study additional entitlement
29.—(1) An eligible student (“A”) qualifies for repeat study additional entitlement—
(a) if A needs to repeat a period of a course that contains either—
(i) a full-time equivalent of more than 3 years (360 credits or 3,600 notional learning
hours), but less than 5 years (600 credits or 6,000 notional learning hours), of
normal taught study;
(ii) a full-time equivalent of more than 5 years (600 credits or 6,000 notional learning
hours) of normal taught study, and
(b) if neither priority additional entitlement nor compelling personal reasons additional
entitlement are available to A in relation to the repeat study.
(2) Subject to paragraph (7), repeat study additional entitlement ceases to be available if A
ceases to attend the course in relation to which it was made available.
(3) The amount of repeat study additional entitlement is the lesser of—
(a) the remaining fees payable by A in respect of the current course;
(b) the total number of credits of repeat study required, multiplied by the fee loan per-credit
limit for the activity being repeated.
(4) Repeat study additional entitlement may be available across multiple periods of study within
the same course, provided that the total number of credits does not exceed 120 credits.
(a) Version 1.3.4 of the Higher Education Classification of Subjects coding system was published digitally on 28th October
2021. A full list of Common Aggregated Hierarchy codes, and the subjects they are associated with, is available at http
s://www.hesa.ac.uk/collection/coding-manual-tools/hecoscahdata/cah. A printed copy can be obtained on request from the
(cid:0) (cid:0)
Department for Education, Sanctuary Buildings, Great Smith Street, London SW1P 3BT.
29(5) Repeat study additional entitlement may be available for either periods of taught study or
special periods, with the amount of entitlement to be determined using the fee loan per-credit
limit that is applicable to the period in question.
(6) Repeat study additional entitlement may be applied to a period being repeated, even if the
student did not take a fee loan for the original period.
(7) Repeat study additional entitlement—
(a) will be retained if—
(i) the student transfers their status as an eligible student (on which see regulation 14)
to another course within the same CAH1 subject grouping, and
(ii) the course meets the description in paragraph 1(a);
(b) ceases to be available if a student abandons or withdraws from the course, or transfers
to a course that is not within the same CAH1 subject grouping.
(8) In paragraph (7), CAH1 has the meaning given by regulation 27(8) read with paragraph
(12) of that regulation.
Correctional additional entitlement
30.—(1) An eligible student (“A”) qualifies for correctional additional entitlement if—
(a) A has provided all information required by the Secretary of State in relation to A’s
entitlement to a fee loan under these Regulations,
(b) that information is accurate, and
(c) the Secretary of State has determined, and has provided written notification to A, that
in respect of A’s current course A qualifies for a fee loan under this Part that exceeds
A’s fee loan entitlement balance.
(2) In relation to the determination made by the Secretary of State for the purposes of paragraph
(1)(c)—
(a) if the Secretary of State makes the determination before the first day of the first course
year of the current course, then A qualifies for correctional additional entitlement in
respect of the first course year of the current course;
(b) if the Secretary of State makes the determination on or after the first day of the first
course year of the current course, then A qualifies for correctional additional entitlement
in respect of—
(i) the course year of the current course during which the Secretary of State makes
the determination; and
(ii) a course year of the current course which A has completed prior to the Secretary
of State making the determination;
(c) paragraphs (a) and (b) do not apply if the Secretary of State considers that there are
exceptional circumstances;
(d) where the Secretary of State considers that there are exceptional circumstances, the
Secretary of State may determine that A should qualify for correctional additional
entitlement in respect of one or more course years of the current course, as appropriate,
whether or not A has completed those course years prior to the Secretary of State making
the determination.
(3) The amount of correctional additional entitlement is equivalent to the amount of fee loan
funding of which A was notified in error by the Secretary of State previously under paragraph
(1)(c).
30Chapter 2
Qualifying conditions, availability and amounts
Qualifying conditions for a fee loan
31.—(1) An eligible student (“A”) qualifies for a fee loan in connection with A’s attendance
on, or undertaking of (in the case of a distance learning course), a designated course if the
following conditions are met—
(a) A is under the age of 60 on the course start date for the course for which the period of
eligibility was established;
(b) in relation to a distance learning course, the Secretary of State considers that A is
undertaking the course in England on the first day of the first course year of the course,
subject to paragraphs (2) to (4).
(2) For the purposes of paragraph (1)(b), A is to be treated as being ordinarily resident in
England for any period during which A would have been so resident but for the fact that—
(a) A,
(b) A’s spouse or civil partner,
(c) A’s parent, or
(d) in the case of a dependent direct relative in the ascending line, A’s child or child’s
spouse or civil partner,
is or was temporarily employed in Wales, Scotland or Northern Ireland as a member of the regular
naval, military or air forces of the Crown.
(3) A student qualifying for support in respect of a distance learning course will no longer
qualify for support in respect of that course if the Secretary of State considers that the student is
undertaking the course outside of the United Kingdom.
(4) Paragraphs (1)(b) and (3) do not apply to a person who is treated as being ordinarily resident
in the United Kingdom by virtue of paragraph 1(3)(c) of Schedule 2 on the basis of temporary
employment falling within paragraph 1(4)(a) of that Schedule.
(5) A student does not qualify for a fee loan in respect of a course year of a designated course
if the course in respect of which the support is applied for delivers fewer than 30 credits of study
(or 300 notional learning hours) within a course year, unless the application for support concerns
a course year of an ALL-transfer course with a credit value of fewer than 30 credits.
(6) A student does not qualify for a fee loan in respect of a course year of a designated course—
(a) if the student is studying the current course as part of an apprenticeship;
(b) if the course year is a bursary year;
(c) if the student is eligible to apply for a non-income assessed healthcare bursary;
(d) if the course year is a Turing mobility provided by an institution in Northern Ireland.
(7) Paragraph (6)(b) and (c) do not apply to a course which is part of the graduate entry
accelerated programme.
(8) A student may qualify prospectively for a fee loan where—
(a) a course designation event which results in the student’s course becoming a designated
course occurs during a course year,
(b) a protected category event which results in the student becoming an eligible student
occurs during the first course year of a course and on or before the course start date,
or
31(c) an in-year qualifying event which results in a student becoming an eligible student
occurs—
(i) where the course is three months or longer in duration, within the first three months
of the course year, or
(ii) where the course is shorter than three months in duration, on or before the last day
of the course.
(9) If a student’s status as an eligible student was established before the age of 60, and the
student transfers to another course on or after turning 60, they remain eligible for fee loan support
for the duration of their period of eligibility (on which see regulation 13).
Students who are treated as in attendance on a course
32.—(1) A student to whom this regulation applies is to be treated as if the student were in
attendance on the designated course for the purpose of qualifying for a fee loan.
(2) This regulation applies to a disabled student who is undertaking a designated course in the
United Kingdom but is not in attendance because the student is unable to attend for a reason
which relates to the student’s disability.
Availability of fee loans
33. When assessing an application for support in respect of a course year of a designated course,
the Secretary of State must allocate a fee loan to that course year even if a student has insufficient
fee loan entitlement balance to pay for the full course of which the course year forms a part.
Amount of fee loan for a course year
34.—(1) The amount of fee loan for a course year of a designated course that a student may
receive during a course year must not exceed any of the following—
(a) the sum of the activity amounts associated with the course year;
(b) a student’s fee loan entitlement balance plus any additional entitlement;
(c) the amount required to fund 180 credits of normal taught study;
(d) the fees payable by the student in connection with the course year.
(2) In this regulation—
(a) an “access and participation plan” is a plan approved by the OfS under section 29 of
the 2017 Act;
(b) an “activity amount” is the fee loan per-credit limit for an activity referred to in
paragraphs (3) to (14), multiplied by the number of credits associated with the course
year in respect of that activity;
(c) “approved provider” and “approved (fee cap) provider” mean English higher education
providers registered in the approved and approved (fee cap) parts of the register
respectively;
(d) the “fee loan per-credit limit” is the limit on the amount of fee loan that can be awarded
per credit associated with a particular activity during a course year.
(3) Where the course is provided by or on behalf of an approved (fee cap) provider with an
access and participation plan which is in force or which comes into force when the relevant course
year begins, and a high level quality rating at the time when the access and participation plan
was approved, the fee loan per-credit limit is—
(a) for normal taught study or higher fee foundation year study, £9,790 / 120 credits;
32(b) for lower fee foundation year study, £5,760 / 120 credits;
(c) for sandwich placement, £1,955 / 120 credits;
(d) for study abroad or Turing mobility, £1,465 / 120 credits.
(4) Where the course is provided by or on behalf of an approved (fee cap) provider with an
access and participation plan which is in force or which comes into force when the relevant course
year begins, but without a high level quality rating on 1st January in the calendar year in which
the relevant course year begins, the fee loan per-credit limit is—
(a) for normal taught study or higher fee foundation year study, £9,525 / 120 credits;
(b) for lower fee foundation year study, £5,605 / 120 credits;
(c) for sandwich placement, £1,905 / 120 credits;
(d) for study abroad or Turing mobility, £1,425 / 120 credits.
(5) Where the course is provided by or on behalf of an approved (fee cap) provider without an
access and participation plan which is in force or which comes into force when the relevant course
year begins, but with a high level quality rating on 1st January in the calendar year in which the
relevant course year begins, the fee loan per-credit limit is—
(a) for normal taught study or higher fee foundation year study, £6,525 / 120 credits;
(b) for lower fee foundation year study, £3,835 / 120 credits;
(c) for sandwich placement, £1,305 / 120 credits;
(d) for study abroad or Turing mobility, £975 / 120 credits.
(6) Where the course is provided by or on behalf of an approved (fee cap) provider without an
access and participation plan which is in force or which comes into force when the relevant course
year begins, and without a high level quality rating on 1st January in the calendar year in which
the relevant course year begins, the fee loan per-credit limit is—
(a) for normal taught study, £6,350 / 120 credits;
(b) for higher fee foundation year study, £3,735 / 120 credits;
(c) for sandwich placement, £1,270 / 120 credits;
(d) for study abroad or Turing mobility, £950 / 120 credits.
(7) Where the course is provided by or on behalf of an approved provider with a high level
quality rating on 1st January in the calendar year in which the relevant course year begins, the
fee loan per-credit limit is—
(a) for normal taught study or higher fee foundation year study, £6,525 / 120 credits;
(b) for lower fee foundation year study, £3,835 / 120 credits;
(c) for sandwich placement, £1,305 / 120 credits;
(d) for study abroad, £975 / 120 credits.
(8) Where the course is provided by or on behalf of an approved provider without a high level
quality rating on 1st January in the calendar year in which the relevant course year begins, the
fee loan per-credit limit is—
(a) for normal taught study or higher fee foundation year study, £6,350 / 120 credits;
(b) for lower fee foundation year study, £3,735 / 120 credits;
(c) for sandwich placement, £1,270 / 120 credits;
(d) for study abroad, £950 / 120 credits.
(9) Where the course is provided by a private institution in Northern Ireland or Scotland with
a high level quality rating (other than on behalf of an approved (fee cap) provider, a publicly
funded institution or a regulated institution), the fee loan per-credit limit is—
33(a) for normal taught study or higher fee foundation year study, £6,525 / 120 credits;
(b) for lower fee foundation year study, £3,835 / 120 credits;
(c) for sandwich placement, £3,260 / 120 credits;
(d) for study abroad, £3,260 / 120 credits.
(10) Where the course is provided by a private institution in Northern Ireland or Scotland
without a high level quality rating (other than on behalf of an approved (fee cap) provider, a
publicly funded institution or a regulated institution), the fee loan per-credit limit is—
(a) for normal taught study or higher fee foundation year study, £6,350 / 120 credits;
(b) for lower fee foundation year study, £3,735 / 120 credits;
(c) for sandwich placement, £3,175 / 120 credits;
(d) for study abroad, £3,175 / 120 credits.
(11) Where the course is provided by a publicly-funded institution in Northern Ireland or
Scotland, the fee loan per-credit limit is—
(a) for normal taught study or higher fee foundation year study, £9,790 / 120 credits;
(b) for lower fee foundation year study, £5,760 / 120 credits
(c) for sandwich placement, £4,895 / 120 credits;
(d) for study abroad, £4,895 / 120 credits;
(e) for Turing mobility in relation to Scotland, £1,465 / 120 credits.
(12) Where the course is provided by a non-regulated institution in Wales with a high level
quality rating, the fee loan per-credit limit is—
(a) for normal taught study or higher fee foundation year study, £6,525 / 120 credits;
(b) for lower fee foundation year study, £3,835 / 120 credits;
(c) for sandwich placement, £1,305 / 120 credits;
(d) for study abroad, £975 / 120 credits.
(13) Where the course is provided by a non-regulated institution in Wales without a high level
quality rating, the fee loan per-credit limit is—
(a) for normal taught study or higher fee foundation year study, £6,350 / 120 credits;
(b) for lower fee foundation year study, £3,735 / 120 credits;
(c) for sandwich placement, £1,270 / 120 credits;
(d) for study abroad, £950 / 120 credits.
(14) Where the course is provided by a regulated institution in Wales, the fee loan per-credit
limit is—
(a) for normal taught study or higher fee foundation year study, £9,790 / 120 credits;
(b) or lower fee foundation year study, £5,760 / 120 credits;
(c) for sandwich placement, £1,955 / 120 credits;
(d) for study abroad or Turing mobility, £1,465 / 120 credits.
(15) The fee loan per-credit limit for repeat study is the fee loan per-credit limit for whichever
activity within the course is being repeated, as valued at the time when the repeat study takes
place.
(16) A student may apply to the Secretary of State to reduce the amount of loan for which the
student has applied in respect of a period of the course year for which the provider has not made
a request to the Secretary of State for payment of the fee loan or fee loan instalment under
regulation 87 (payment of fee loans).
34(17) In relation to sandwich placements referred to in this regulation, the Secretary of State
must publish from time to time in such a manner as the Secretary of State sees fit a list of
regulatory bodies that require a mandatory minimum amount of work experience to be undertaken
by those whom they regulate.
Amount of fee loan for a course
35.—(1) The number of credits associated with an activity across a course for which a student
may receive a fee loan must not exceed the “fee loan per-course amount” provided for in this
regulation.
(2) The fee loan per-course amount for normal taught study (which varies among courses)—
(a) for ALL-transfer courses, gateway courses, approved HTQs and Initial Further Education
Teacher Training Courses, must be published by the Secretary of State;
(b) for full courses listed in Schedule 6 (fee loan per-course amounts for various higher
education courses), is as set out in that Schedule.
(3) There is no fee loan per-course amount for repeat study or for modules.
(4) The fee loan per-course amount for other activities (which is consistent among courses) is
shown in the table below—
Activity Fee loan per-course amount
foundation year 120
sandwich placement 120
study abroad 120
Turing mobility 120
intercalated year 120
(5) The fee loan per-course amount for a top-up course is the lower of—
(a) the fee loan per-course amount for a typical full course that leads to the same
qualification, or
(b) the number of full-time equivalent years multiplied by 120.
(6) For the purposes of paragraph (5), a “top-up course” is a course that—
(a) involves substantially less learning time than a typical full course leading to the same
qualification, and
(b) requires students to have substantial relevant prior learning or experience as part of the
entry requirements (which could be, but is not limited to, a qualification in the same
field).
(7) In the case of top-up courses that are only offered part-time, the number of full-time
equivalent years is the number of years that it would take to complete the course if studying 120
credits (or 1,200 notional learning hours) per year.
35PART 5
Loans for living costs
Chapter 1
Introduction
Elements of the loan for living costs
36.—(1) The loan for living costs consists of the following elements—
(a) a loan for maintenance;
(b) a special support loan.
(2) A “loan for maintenance” is a loan to defray maintenance costs incurred in connection with
undertaking a designated course.
(3) A “special support loan” is a loan to defray the costs of books, equipment, travel or childcare
incurred for the purpose of attending a designated course.
(4) The elements of the loan for living costs for which an eligible student qualifies are as
follows—
(a) in the case of an eligible student described in regulation 43(1)(a) or (b), a loan for
maintenance only;
(b) in the case of an eligible student described in regulation 43(1)(c), a loan for maintenance
and, if applicable, a special support loan, allocated in accordance with regulation 46(3);
(c) in the case of an eligible student described in regulation 43(1)(d), a special support loan
only,
and a reference in this Part to a “loan for living costs” in relation to an eligible student is a
reference to the element, or elements, of the loan for living costs for which they qualify.
Meaning of “student with full entitlement”, “student with reduced entitlement” and
“household income”
37.—(1) In this Part—
(a) a “student with full entitlement” means an eligible student other than a student with
reduced entitlement;
(b) a “student with reduced entitlement” means an eligible student who—
(i) applies for a loan for living costs in respect of a course year which is a bursary
year,
(ii) applies for a loan for living costs in respect of a course year of a course—
(aa) that contains a sandwich placement, and
(bb) where the periods of study are in aggregate less than 10 weeks,
unless the sandwich placement constitutes unpaid service, or
(iii) opts, when applying for a loan for living costs, not to provide the information
needed to calculate the household income.
(2) The “household income” in relation to an eligible student is assessed in accordance with
Schedule 7.
36Meaning of “additional weeks entitlement”, “base entitlement”, “loan for living costs
entitlement” and “maximum loan entitlement”
38. In this Part—
(a) “additional weeks entitlement” has the meaning given in regulation 48(2);
(b) “base entitlement” has the meaning given in regulation 43(1);
(c) “loan for living costs entitlement” is the total amount of loan for living costs for which
an eligible student qualifies in respect of a course year of a designated course, calculated
in accordance with regulation 54(1);
(d) “maximum loan entitlement” has the meaning given in regulation 49.
Location categories and final course years
39.—(1) In this Part—
(a) a student is in category A if they reside at their parents’ home during term weeks while
attending the designated course;
(b) a student is in category B if they are not in category A and they attend one or more of
the following—
(i) a course at the University of London,
(ii) a course at an institution which requires attendance for part of the course 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 placement at an institution which requires the eligible student to
undertake—
(aa) work experience, or
(bb) a combination of work experience and study,
provided that the student undertakes such work experience or combination of work
experience and study for some of the course 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 they are not in category A and they attend one of the
following for at least 6 weeks of the course year—
(i) an overseas institution as part of their designated course,
(ii) the Institute, or
(iii) an overseas work placement on a period of Turing mobility;
(d) a student is in category D if they are not in category A, B, or C.
(2) Subject to regulation 56, an eligible student’s entitlement to a loan for living costs in relation
to a term week is calculated by reference to the category that the student is in, in that week.
(3) The final year of a course is only treated as a final year for the purposes of this Part where
the credit value of that course year is 110 credits or more.
(4) In this regulation, “former Metropolitan Police District” means—
(a) Greater London, excluding the City of London, the Inner Temple and the Middle Temple;
(b) in the county of Essex, in the district of Epping Forest—
(i) the area of the former urban district of Chigwell, and
(ii) the parish of Waltham Abbey;
37(c) in the county of Hertfordshire—
(i) in the borough of Broxbourne, the area of the former urban district of Cheshunt,
(ii) the district of Hertsmere, and
(iii) in the district of Welwyn Hatfield, the parish of Northaw;
(d) in the county of Surrey—
(i) in the borough of Elmbridge, the area of the former urban district of Esher,
(ii) the boroughs of Epsom and Ewell and Spelthorne, and
(iii) in the district of Reigate and Banstead, the area of the former urban district of
Banstead.
Chapter 2
Qualifying conditions
Qualifying conditions for a loan for living costs
40.—(1) Subject to the following paragraphs, an eligible student qualifies for a loan for living
costs in connection with their attendance on a designated course.
(2) A student does not qualify for a loan for living costs if—
(a) the only paragraph or paragraphs of Schedule 2 into which the student falls is one or
more of paragraphs 3, 4(1)(d)(ii), 12(1)(c)(ii), 13(1)(b)(ii), 15, 17, 18, 19, 20, 21, 22(c)(ii)
and 23(d)(ii),
(b) the student is a prisoner,
(c) the current course is a distance learning course, unless the student is treated as being
in attendance on the course by virtue of regulation 41(b),
(d) the student is studying the course as part of an apprenticeship, or
(e) the student is eligible to apply for a non-income assessed healthcare bursary.
(3) A student does not qualify for a loan for living costs in respect of a course year of a
designated course if the course in respect of which the support is applied for delivers fewer than
30 credits of study or 300 notional learning hours within the course year of the course, unless
the application for support concerns a course year of an ALL-transfer course with a credit value
of fewer than 30 credits.
(4) Subject to paragraph (6), a student does not qualify for a loan for living costs in relation
to a course year of a designated course unless, at the start of that course year—
(a) the student’s fee loan entitlement balance or additional entitlement, as the case may be,
in respect of fee loan support is more than the relevant floor amount multiplied by 30,
or
(b) the student’s fee loan entitlement balance or additional entitlement, as the case may be,
in respect of fee loan support is more than nil and equal to or less than the relevant
floor amount multiplied by 30, and—
(i) the student is being charged a tuition fee, and is using a fee loan under these
Regulations to pay for some or all of their tuition fee costs in relation to that course
year, or
(ii) no tuition fee is charged to the student for that course year and, as a consequence,
the student is unable to use a fee loan in relation to that course year.
38(5) In paragraph (4) the “relevant floor amount” is the floor amount in respect of the relevant
basic amount prescribed in regulation 18(6)(c) or (d) of the Lifelong Learning (Fee Limits)
Regulations 2026(a).
(6) A student who is aged 60 or over at the start of the first course year of a designated course
does not qualify for a loan for living costs in relation to a course year of that designated course
unless their fee loan entitlement balance, or additional entitlement, as the case may be, in respect
of fee loan support is more than nil immediately before the start of the course year.
Students who are treated as in attendance on a course
41. A student is treated as being in attendance on a designated course for the purpose of
qualifying for a loan for living costs if they are—
(a) on a period of Turing mobility, or
(b) a disabled student who is undertaking the designated course in the United Kingdom but
is not in attendance because they are unable to attend for a reason which relates to their
disability.
Students qualifying for a loan for living costs during a course year
42.—(1) Where a protected category event—
(a) occurs during a course year, and
(b) results in a student becoming an eligible student,
the student may qualify for a loan for living costs in respect of that course year, but not in respect
of a course year beginning before that course year.
(2) Where—
(a) a course designation event occurs during a course year and results in a student’s course
becoming a designated course, or
(b) an in-year qualifying event (other than a settled status event) occurs during a course
year and results in a student becoming an eligible student,
the student may qualify for a loan for living costs, subject to paragraph (3).
(3) A student referred to in paragraph (2)—
(a) does not qualify for a loan for living costs in respect of any day of the course year
before that event occurs, and
(b) does not qualify for a loan for living costs in respect of a course year beginning before
the course year in which the event occurred.
(4) Paragraphs (1) and (2) do not apply where the protected category event, course designation
event, or in-year qualifying event (as the case may be) occurs after the last day in the course
year on which the student is undertaking study.
Chapter 3
Calculation of the base entitlement in relation to a course year
Calculation of the base entitlement in relation to a course year
43.—(1) The base entitlement of an eligible student in relation to a course year or part of a
course year is calculated—
(a) S.I. 2026/856.
39(a) in accordance with regulation 44 in the case of an eligible student with reduced
entitlement;
(b) in accordance with regulation 45 in the case of an eligible student with full entitlement
who is under the age of 60 on the relevant date and does not meet any of the conditions
set out in sub-paragraph (c)(i) to (iv);
(c) in accordance with regulation 46 in the case of an eligible student with full entitlement
who is under the age of 60 on the relevant date and—
(i) falls within a prescribed category of person for the purposes of section 124(1)(e)
of the Social Security Contributions and Benefits Act 1992(a),
(ii) is treated as being liable to make payments in respect of a dwelling prescribed by
Regulations made under section 130(2) of the Social Security Contributions and
Benefits Act 1992(b),
(iii) has no partner and satisfies regulation 14(1)(c) of the Universal Credit Regulations
2013(c), or
(iv) is liable, or treated as liable, under regulation 25(3) of the Universal Credit
Regulations 2013 to make payments in respect of the accommodation that they
occupy as their home;
(d) in accordance with regulation 47 in the case of an eligible student with full entitlement
who is aged 60 or over on the relevant date.
(2) For the purposes of paragraph (1)—
(a) “partner” has the meaning given in regulation 71(1)(k);
(b) “the relevant date” means the first day of the first course year of the designated course.
(3) The calculation of the base entitlement in regulations 44 to 47 is subject to regulation 42.
Students with reduced entitlement
44.—(1) This regulation applies to an eligible student described in regulation 43(1)(a).
(2) The base entitlement is equal to—
T×30
where—
(a) T is the term week rate for which the student qualifies in respect of a course year of a
designated course, and
(b) the resulting figure, if it is not a whole number, is rounded up to the nearest £1.
(3) Where the student qualifies for a loan for living costs in relation to a course year which is
a bursary year, the term week rate for which the student qualifies is—
(a) for a student in category A in the final year of the course, £53.63;
(b) for a student in category A in a course year other than the final year, £70.73;
(c) for a student in category B in the final year of the course, £101.29;
(a) 1992 c. 4. Section 124 was amended by paragraph 30(2), (4) and (5) of Schedule 2 and Schedule 3 to the Jobseekers
Act 1995 (c. 18), paragraph 28 of Schedule 8 to the Welfare Reform and Pensions Act 1999 (c. 30), paragraph 2(2) and
(3) of Schedule 2 and Schedule 3 to the State Pension Credit Act 2002 (c. 16), paragraph 42 of Schedule 24 to the Civil
Partnership Act 2004 (c. 33), paragraph 9(9) and (10) of Schedule 3 and Schedule 8 to the Welfare Reform Act 2007
(c. 5), section 3(1) of the Welfare Reform Act 2009 (c. 24) and section 58(2) of the Welfare Reform Act 2012 (c. 5)
and repealed for specified purposes by Part 1 of Schedule 14 to the Welfare Reform Act 2012.
(b) There are amendments to section 130 which are not relevant to these Regulations.
(c) S.I. 2013/376, to which there are amendments not relevant to this provision.
40(d) for a student in category B in a course year other than the final year, £132.33;
(e) for a student in category C in the final year of the course, £73.46;
(f) for a student in category C in a course year other than the final year, £94.26;
(g) for a student in category D in the final year of the course, £73.46;
(h) for a student in category D in a course year other than the final year, £94.26.
(4) The student qualifies for the term week rate set out in paragraph (5) where they qualify for
a loan for living costs in relation to a course year—
(a) that contains a sandwich placement, and
(b) where the periods of study are in aggregate less than 10 weeks,
unless the sandwich placement constitutes unpaid service.
(5) For the purposes of paragraph (4), the term week rate is—
(a) for a student in category A in the final year of the course, £62.29;
(b) for a student in category A in a course year other than the final year, £82.03;
(c) for a student in category B in the final year of the course, £117.43;
(d) for a student in category B in a course year other than the final year, £153.56;
(e) for a student in category C in the final year of the course, nil;
(f) for a student in category C in a course year other than the final year, nil;
(g) for a student in category D in the final year of the course, £85.23;
(h) for a student in category D in a course year other than the final year, £109.36.
(6) Where the student applies for a loan for living costs and opts not to provide the information
needed to calculate the household income, the term week rate for which the student qualifies is—
(a) for a student in category A in the final year of the course, £122.89;
(b) for a student in category A in a course year other than the final year, £133.76;
(c) for a student in category B in the final year of the course, £213.76;
(d) for a student in category B in a course year other than the final year, £234.63;
(e) for a student in category C in the final year of the course, £173.66;
(f) for a student in category C in a course year other than the final year, £199.86;
(g) for a student in category D in the final year of the course, £156.43;
(h) for a student in category D in a course year other than the final year, £168.26.
Students with full entitlement under the age of 60
45.—(1) This regulation applies to an eligible student described in regulation 43(1)(b).
(2) The base entitlement is equal to—
T×30
where—
(a) T is the term week rate for which the student qualifies in respect of a course year of a
designated course, namely—
(i) for a student in category A in the final year of the course, £285.96;
(ii) for a student in category A in a course year other than the final year, £303.93;
(iii) for a student in category B in the final year of the course, £436.53;
41(iv) for a student in category B in a course year other than the final year, £471.16;
(v) for student in category C in the final year of the course, £370.09;
(vi) for a student in category C in a course year other than the final year, £413.43;
(vii) for a student in category D in the final year of the course, £341.39;
(viii) for a student in category D in a course year other than the final year, £360.99, and
(b) the resulting figure, if it is not a whole number, is rounded up to the nearest £1.
Students with full entitlement under the age of 60 who meet certain conditions
46.—(1) This regulation applies to an eligible student described in regulation 43(1)(c).
(2) The base entitlement is equal to—
T×30
where—
(a) T is the term week rate for which the student qualifies in respect of a course year of a
designated course, namely—
(i) for a student in category A in the final year of the course, £341.83;
(ii) for a student in category A in a course year other than the final year, £358.56;
(iii) for a student in category B in the final year of the course, £481.56;
(iv) for a student in category B in a course year other than the final year, £513.83;
(v) for a student in category C in the final year of the course, £419.89;
(vi) for a student in category C in a course year other than the final year, £460.19;
(vii) for a student in category D in the final year of the course, £393.33;
(viii) for a student in category D in a course year other than the final year, £411.49, and
(b) the resulting figure, if it is not a whole number, is rounded up to the nearest £1.
(3) The first £152.73 of the term week rate is a special support loan and the remainder is the
loan for maintenance.
Students with full entitlement aged 60 or over
47.—(1) This regulation applies to an eligible student described in regulation 43(1)(d).
(2) The base entitlement is equal to—
T×30
where—
(a) T is the term week rate in respect of a course year of a designated course, namely
£152.73, and
(b) the resulting figure, if it is not a whole number, is rounded up to the nearest £1.
Chapter 4
Calculation of additional weeks entitlement, and maximum loan entitlement
Calculation of additional weeks entitlement
48.—(1) This regulation applies to an eligible student—
42(a) who is described in regulation 43(1)(b) or (c);
(b) who—
(i) is an independent eligible student described in paragraph 2(1)(f) of Schedule 7, or
(ii) has a household income of £45,000 or less, and
(c) who is undertaking a year of a designated course in which there are more than 30 term
weeks.
(2) The additional weeks entitlement is equal to—
T×AW×R
where—
(a) T is the applicable term week rate set out in regulation 45(2);
(b) AW—
(i) if there are more than 45 term weeks in the course year of the designated course,
is 22;
(ii) in any other case, is the number of term weeks by which the length of the course
year exceeds 30 term weeks;
(c) R is the reduction value applicable to that student, namely—
(i) for a student in category A in the final year of the course, 0.269;
(ii) for a student in category A in a course year other than the final year, 0.253;
(iii) for a student in category B in the final year of the course, 0.341;
(iv) for a student in category B in a course year other than the final year, 0.316;
(v) for a student in category C in the final year of the course, 0.436;
(vi) for a student in category C in a course year other than the final year, 0.39;
(vii) for a student in category D in the final year of the course, 0.34;
(viii) for a student in category D in a course year other than the final year, 0.322.
Maximum loan entitlement
49.—(1) The maximum loan entitlement of an eligible student in respect of a course year is
the sum of their base entitlement and any additional weeks entitlement.
(2) Calculations of the base entitlement and the additional weeks entitlement of an eligible
student may be made in respect of part of a course year and result in more than one maximum
loan entitlement in respect of the eligible student and the course year, and references to calculations
of the base amount in regulations 44 to 46, and to calculations of the additional weeks entitlement
in regulation 48, are to be construed accordingly.
(3) Where paragraph (2) applies in relation to an eligible student, their maximum loan entitlement
for the purposes of Chapters 5 and 6 is the sum of their maximum loan entitlements.
Chapter 5
Reduction for household income
Application of this Chapter
50. This Chapter does not apply to an independent eligible student described in paragraph 2(1)(f)
of Schedule 7.
43Reduction for household income – students with full entitlement under the age of 60
51.—(1) Subject to paragraph (3), the maximum loan entitlement of an eligible student described
in regulation 43(1)(b) is reduced, if applicable, by the loan reduction value “LRV”.
(2) The LRV is—
(a) for a student in category A, £1 for every complete £6.54 by which the student’s household
income exceeds £25,000;
(b) for a student in category B, £1 for every complete £6.36 by which the student’s household
income exceeds £25,000;
(c) for a student in category C, £1 for every complete £6.41 by which the student’s household
income exceeds £25,000;
(d) for a student in category D, £1 for every complete £6.47 by which the student’s household
income exceeds £25,000.
(3) The maximum loan entitlement of an eligible student must not be reduced under this
regulation to less than the minimum amount.
(4) For the purposes of paragraph (3), the minimum amount is—
(a) for a student in category A in the final year of the course, £3,687;
(b) for a student in category A in a course year other than the final year, £4,013;
(c) for a student in category B in the final year of the course, £6,413;
(d) for a student in category B in a course year other than the final year, £7,039;
(e) for a student in category C in the final year of the course, £5,210;
(f) for a student in category C in a course year other than the final year, £5,996;
(g) for a student in category D in the final year of the course, £4,693;
(h) for a student in category D in a course year other than the final year, £5,048.
Reduction for household income – students with full entitlement under the age of 60 who
meet certain conditions
52.—(1) Subject to paragraphs (4) and (5), the maximum loan entitlement of an eligible student
described in regulation 43(1)(c) is reduced, if applicable, by the sum of the loan reduction values
“LRV1” and “LRV2”.
(2) LRV1 is—
(a) for a student in category A in the final year of the course, £1 for every complete £4.054
by which the student’s household income exceeds £25,000 but does not exceed £42,875;
(b) for a student in category A in a course year other than the final year, £1 for every
complete £4.088 by which the student’s household income exceeds £25,000 but does
not exceed £42,875;
(c) for a student in category B in the final year of the course, £1 for every complete £4.295
by which the student’s household income exceeds £25,000 but does not exceed £42,875;
(d) for a student in category B in a course year other than the final year, £1 for every
complete £4.37 by which the student’s household income exceeds £25,000 but does not
exceed £42,875;
(e) for a student in category C in the final year of the course, £1 for every complete £4.174
by which the student’s household income exceeds £25,000 but does not exceed £42,875;
44(f) for a student in category C in a course year other than the final year, £1 for every
complete £4.265 by which the student’s household income exceeds £25,000 but does
not exceed £42,875;
(g) for a student in category D in the final year of the course, £1 for every complete £4.137
by which the student’s household income exceeds £25,000 but does not exceed £42,875;
(h) for a student in category D in a course year other than the final year, £1 for every
complete £4.179 by which the student’s household income exceeds £25,000 but does
not exceed £42,875.
(3) LRV2 is—
(a) for a student in category A, £1 for every complete £6.54 by which the student’s household
income exceeds £42,875;
(b) for a student in category B, £1 for every complete £6.36 by which the student’s household
income exceeds £42,875;
(c) for a student in category C, £1 for every complete £6.41 by which the student’s household
income exceeds £42,875;
(d) for a student in category D, £1 for every complete £6.47 by which the student’s household
income exceeds £42,875.
(4) The sum of the loan reduction values “LRV1” and “LRV2” must be applied to the elements
of a student’s maximum loan entitlement in the following order—
(a) special support loan;
(b) loan for maintenance;
(c) additional weeks entitlement.
(5) The maximum loan entitlement of an eligible student must not be reduced under this
regulation to less than the minimum amount.
(6) For the purposes of paragraph (5), the minimum amount is—
(a) for a student in category A in the final year of the course, £3,687;
(b) for a student in category A in a course year other than the final year, £4,013;
(c) for a student in category B in the final year of the course, £6,413;
(d) for a student in category B in a course year other than the final year, £7,039;
(e) for a student in category C in the final year of the course, £5,210;
(f) for a student in category C in a course year other than the final year, £5,996;
(g) for a student in category D in the final year of the course, £4,693;
(h) for a student in category D in a course year other than the final year, £5,048.
Reduction for household income – students with full entitlement aged 60 or over
53.—(1) Subject to paragraph (3), the maximum loan entitlement of an eligible student described
in regulation 43(1)(d) is reduced, if applicable, by the loan reduction value “LRV”.
(2) For the purposes of paragraph (1), the LRV is £1 for every complete £4.16 by which the
student’s household income exceeds £25,000.
(3) Where the amount of loan for living costs is less than £50 after any reduction under paragraph
(1), the amount of loan for living costs payable is nil.
45Chapter 6
Adjustment for intensity of study, and loan for living costs entitlement
Adjustment for intensity of study
54.—(1) The maximum loan entitlement of an eligible student in respect of a course year,
reduced if applicable in accordance with Chapter 5, is multiplied by the intensity of study of the
course year to give the student’s loan for living costs entitlement.
(2) The student’s loan for living costs entitlement is payable in respect of the course year.
(3) Subject to paragraph (6), the intensity of study of a course year is N%, where N is equal
to—
V
×100
120
(4) In paragraph (3)—
(a) where the CPW is 5 or less, V is the credit value of the course year; and
(b) where the CPW is more than 5, V is equal to—
CV−((CPW−5) ×W)
where—
(i) CPW is the credits per week of the course year, calculated by dividing the credit
value of the course year by the number of term weeks in the course year;
(ii) CV is the credit value of the course year;
(iii) W is the number of term weeks in the course year.
(5) For the purposes of paragraph (4) and regulation 55, the credit value of a course year where
credits are not attached is determined in accordance with regulations 13 and 15 of the Lifelong
Learning (Fee Limits) Regulations 2026, and where those Regulations do not apply to a provider
the credit value of the course year is determined as if they did apply.
(6) Where the calculation in paragraph (3) gives a value of N greater than 100, the intensity
of study of the course year is 100%.
Adjustment for intensity of study – concurrent study
55.—(1) Where a student is entitled to a loan for living costs in respect of two designated
courses and the periods of study of those courses overlap—
(a) the intensity of study of one of those courses (“course A”) is calculated in accordance
with regulation 54(3) and (4), and
(b) the intensity of study of the second course (“course B”) is calculated in accordance with
regulation 54(3) with the modification that V is calculated in accordance with paragraph
(2).
(2) For the purposes of paragraph (1)(b)—
(a) where the CPW of the course year is 5 or less, V is equal to—
CV−((SCPW−5) ×WO)
(b) where the CPW of the course year is more than 5, V is equal to—
46CV−(((CPW−5) ×WN) −((SCPW−5) ×WO))
(3) In paragraph (2)—
(a) CPW is the credits per week of the course year, calculated by dividing the credit value
of the course year by the number of term weeks in the course year;
(b) CV is the credit value of the course year;
(c) SCPW is the sum of the credits per week of the courses;
(d) WN is the number of term weeks during which the courses do not overlap;
(e) WO is the number of term weeks during which the courses overlap.
(4) Where a student is entitled to a loan for living costs in respect of more than two designated
courses and the periods of study of any of those courses overlap—
(a) the intensity of study of course A is calculated in accordance with regulation 54(3) and
(5),
(b) the intensity of study of course B is calculated in accordance with paragraphs (1)(b)
and (2), and
(c) the intensity of study of the other course or courses is calculated, in turn, in accordance
with paragraphs (1)(b) and (2) but with the modifications that—
(i) for the purposes of the calculations in paragraph (2)(a) and (b), a deduction must
be made from the value of CV using the formula ((SCPW − 5) × WO)—
(aa) in relation to each week that the course overlaps with course A, course
B or any other course for which the intensity of study has been calculated
under this paragraph (“the calculated courses”);
(bb) based on the sum of the credits per week of the course, and the calculated
courses that overlap with it in that week;
(ii) for the purposes of the calculation in paragraph (2)(b), WN is the number of term
weeks during which the course does not overlap with any of the calculated courses.
Chapter 7
Loan for living costs entitlement where eligible student changes category during course year
Modification of loan for living costs entitlement calculation where students change location
category
56.—(1) This regulation applies where an eligible student falls, consecutively, into two or more
of categories A, B, C and D during a course year.
(2) The eligible student’s loan for living costs entitlement for the course year is the sum of the
calculations carried out under paragraph (3) in respect of the course year.
(3) The eligible student’s loan for living costs entitlement is calculated separately, in accordance
with Chapters 3 to 6, for each period of the course year during which the student falls into one
of those categories, with the resulting figure for each period being multiplied by—
E
F
where—
47(a) E is the number of days in term weeks of the course year in which the eligible student
fell into that category;
(b) F is the number of days in term weeks of the course year.
(4) For the purposes of paragraph (3)—
(a) subject to sub-paragraph (b), the eligible student is treated as falling into a particular
category on every day that they do so;
(b) on the day that the eligible student changes category, they are treated as falling into the
new category for all of that day.
PART 6
Supplementary grants
Chapter 1
Introduction
Types of supplementary grant available
57. The following supplementary grants are available to an eligible student in connection with
a designated course if the student meets the relevant qualifying conditions in this Part—
(a) disabled students’ allowance;
(b) grants for travel;
(c) grants for dependants.
General qualifying conditions for supplementary grants
58.—(1) An eligible student qualifies for a supplementary grant in relation to a course year of
a designated course if—
(a) the student is not excluded from qualification by paragraph (2), (3) or (4),
(b) the course year meets the credit threshold requirement for the particular supplementary
grant for which they are applying, and
(c) the student satisfies the qualifying conditions for the particular supplementary grant for
which they are applying.
(2) An eligible student does not qualify for a supplementary grant in respect of a distance
learning course, other than the disabled students’ allowance, unless they are treated as being in
attendance on that course by virtue of regulation 59.
(3) An eligible student does not qualify for a supplementary grant—
(a) if the only paragraph or paragraphs of Schedule 2 into which the student falls is one or
more of paragraphs 3, 4(1)(d)(ii), 12(1)(c)(ii), 13(1)(b)(ii), 15, 17, 18, 19, 20, 21, 22(c)(ii)
and 23(d)(ii),
(b) if the student is a prisoner,
(c) if the student is studying the course as part of an apprenticeship,
(d) in respect of a course year which is a bursary year, or
(e) if the student is eligible to apply for a non-income assessed healthcare bursary.
(4) Subject to regulation 61(7), an eligible student does not qualify for a supplementary grant
in respect of a course year—
(a) that contains a sandwich placement, and
48(b) where the periods of study are in aggregate less than 10 weeks,
unless the placement constitutes unpaid service.
(5) For the purposes of paragraph (1)(b), a course year of a designated course meets the credit
threshold requirement for a supplementary grant if the course year has attached to it at least the
threshold number of credits specified in relation to that grant in regulation 61(2), 65(2), 75(2),
76(2) or 77(2).
Students who are treated as in attendance on a course
59. A student is treated as being in attendance on a designated course for the purpose of
qualifying for a supplementary grant if they are—
(a) on a period of Turing mobility, or
(b) a disabled student who is undertaking a designated course in the United Kingdom but
is not in attendance because they are unable to attend for a reason which relates to their
disability.
Students qualifying for a supplementary grant during a course year
60.—(1) Where a protected category event—
(a) occurs during the first course year of a course, and on or before the course start date,
and
(b) results in a student becoming an eligible student,
the student may qualify for a supplementary grant in respect of the course year, subject to
paragraph (3).
(2) Where—
(a) a course designation event occurs during a course year and results in a student’s course
becoming a designated course, or
(b) an in-year qualifying event (other than a settled status event) occurs during a course
year and results in a student becoming an eligible student,
the student may qualify for a supplementary grant in respect of part of the course year, subject
to paragraphs (3) and (4).
(3) A student described in paragraph (1) or (2) does not qualify for a supplementary grant in
respect of any day of the course year before that event occurs.
(4) A student described in paragraph (2) does not qualify for a supplementary grant in respect
of any course year beginning before the course year in which the event in question occurs.
(5) Paragraphs (1) and (2) do not apply where the protected category event, course designation
event, or in-year qualifying event (as the case may be) occurs after the last day in the course
year on which the student is undertaking study.
Chapter 2
Disabled students’ allowance
Qualifying conditions for the disabled students’ allowance
61.—(1) Subject to the following paragraphs, a student qualifies for the disabled students’
allowance if they are an eligible student and have a disability.
(2) For the purposes of regulation 58(1)(b)—
49(a) the threshold number of credits in relation to the disabled students’ allowance is 30
credits of study for the course year, and
(b) an ALL-transfer course with a credit value of fewer than 30 credits is treated as meeting
the threshold number of credits.
(3) A student does not qualify for the disabled students’ allowance in respect of a distance
learning course unless the Secretary of State considers that the student is undertaking the designated
course in England on the first day of the first course year.
(4) For the purposes of paragraph (3), a person (“A”) is treated as being ordinarily resident in
England for any period during which A would have been so resident but for the fact that—
(a) A,
(b) A’s spouse or civil partner,
(c) A’s parent, or
(d) in the case of a dependent direct relative in the ascending line, A’s child or child’s
spouse or civil partner,
is or was temporarily employed in Wales, Scotland or Northern Ireland as a member of the regular
naval, military or air forces of the Crown.
(5) A student who would otherwise qualify for the disabled students’ allowance in respect of
a distance learning course does not qualify for that grant in respect of that course if the Secretary
of State considers that the student is undertaking the course outside the United Kingdom.
(6) Paragraphs (3) and (5) do not apply to a person who is treated as being ordinarily resident
in the United Kingdom by virtue of paragraph 1(3)(c) of Schedule 2 on the basis of temporary
employment falling within paragraph 1(4)(a) of that Schedule.
(7) Regulation 58(4) does not exclude an eligible student from qualifying for the disabled
students’ allowance where the grant relates to providing the student with technical support for,
repairs to, or replacement of relevant equipment or software.
(8) For the purposes of paragraph (7), “relevant equipment or software” means—
(a) equipment or software that was funded, in whole or in part, by the disabled students’
allowance under this Part, or by disabled students’ allowance paid under the 2011 Student
Support Regulations, and provided to the student—
(i) in an earlier course year of the current course, or
(ii) in an earlier course year of an earlier course, where the Secretary of State has
transferred the disabled students’ allowance to the current course;
(b) equipment or software not falling within sub-paragraph (a) for which the student was
reimbursed, in whole or in part, by the disabled students’ allowance;
(c) equipment not falling within sub-paragraph (a) or (b)—
(i) of which the student had use at the time the Secretary of State assessed the student’s
application for support, and
(ii) with which the Secretary of State determined the student would have been eligible
to be provided had the student not already had use of suitable equipment;
(d) software not falling within sub-paragraph (a) or (b)—
(i) of which the student had use at the time the Secretary of State assessed the student’s
application for support,
(ii) with which the Secretary of State determined the student would have been eligible
to be provided had the student not already had use of suitable software, and
50(iii) of which the student no longer has use following the expiry of the software licence
or an upgrade to or of the computer running the software, or for reasons beyond
the student’s control;
(e) equipment or software that has been replaced under paragraph (7).
Payment of the disabled students’ allowance
62.—(1) The Secretary of State is authorised to pay the disabled students’ allowance to a student
(“A”) who qualifies for that grant under regulation 61, for the purpose of assisting with the
additional expenditure which A is obliged to incur in connection with A’s attendance on, or
undertaking of, a designated course by reason of A’s disability.
(2) Subject to regulation 61(7), the expenditure for which the grant may be paid includes, in
particular—
(a) expenditure on a non-medical personal helper;
(b) expenditure on major items of specialist equipment;
(c) travel expenditure.
Amount of the disabled students’ allowance
63.—(1) Subject to paragraphs (2) to (4), the amount of the disabled students’ allowance is the
amount that the Secretary of State considers appropriate in accordance with the student’s
circumstances.
(2) Subject to paragraph (3)(a), the amount of the disabled students’ allowance in respect of
additional expenditure on a computer must not exceed an amount equal to the additional
expenditure incurred less £200.
(3) The amount of the disabled students’ allowance—
(a) for expenditure other than travel expenditure must not exceed £27,783 in respect of all
course years that begin in the same service year;
(b) for travel expenditure must not exceed an amount equal to that expenditure.
(4) Subject to regulation 60, the disabled students’ allowance is payable in respect of all course
years in the same service year.
Chapter 3
Grants for travel
Meaning of “expenditure”
64. For the purposes of this Chapter, any reference to expenditure incurred for the purpose of
attending an overseas institution, or a period of study, or an overseas work placement on a period
of Turing mobility—
(a) includes expenditure both before and after so attending, and
(b) does not include any expenditure in respect of which a grant is payable under Chapter
2 of this Part.
Qualifying conditions for the grant for travel
65.—(1) A grant for travel is available to an eligible student—
(a) attending a course in medicine or dentistry, in accordance with regulation 67;
51(b) attending an overseas institution or overseas workplace, whether or not on a period of
Turing mobility, or the Institute, in accordance with regulation 69, provided that the
course contains at least 6 weeks of such attendance overseas in the course year.
(2) For the purposes of regulation 58(1)(b), the threshold number of credits in relation to the
grant for travel is 120 credits of study for the course year.
Amount of the grant for travel - general
66. Subject to regulation 60, a grant for travel is payable in respect of a course year.
Courses in medicine and dentistry - qualifying conditions for the grant for travel
67.—(1) A grant for travel is available to an eligible student attending a course in medicine or
dentistry at an institution, where a period of study by way of clinical training is a necessary part
of the course, in respect of the reasonable expenditure that the student is obliged to incur in a
course year for the purpose described in paragraph (2).
(2) The purpose is attending, in connection with the student’s course, any hospital or other
premises in the United Kingdom—
(a) that are not part of the institution, and
(b) at which facilities for clinical training are provided.
(3) The expenditure described in paragraph (1) does not include expenditure incurred for the
purpose of residential study away from the institution.
Courses in medicine and dentistry - amount of the grant for travel
68.—(1) The amount of grant for travel payable under regulation 67 in respect of a course year
is equal to the reasonable expenditure that the Secretary of State determines the eligible student
is obliged to incur for the purpose set out in that regulation (the “reasonable expenditure”), reduced
in accordance with paragraphs (2) to (4).
(2) Subject to paragraph (3), the reasonable expenditure in respect of the course year is reduced
by £303.
(3) If the eligible student has reasonable expenditure in relation to more than one course year
that begins in the same service year, the amount of £303 is deducted from the aggregate of the
reasonable expenditure in relation to all of those course years.
(4) The reasonable expenditure, reduced under paragraph (2) or (3), is further reduced by £1
for every complete £13.47 by which the student’s household income exceeds £45,000.
Overseas study - qualifying conditions for the grant for travel
69.—(1) A grant for travel is available to an eligible student in respect of the reasonable
expenditure that the Secretary of State determines the eligible student is obliged to incur for the
purpose described in paragraph (2).
(2) The purpose is attending, as part of the student’s course—
(a) an overseas institution whether or not on a period of Turing mobility,
(b) the Institute, or
(c) an overseas workplace whether or not on a period of Turing mobility.
(3) The expenditure described in paragraph (1) includes expenditure incurred within and outside
the United Kingdom.
52Overseas study - amount of the grant for travel
70.—(1) The amount of grant for travel payable under regulation 69 in respect of a course year
is calculated as follows—
(X−£ 303) +Y
where—
(a) X is the aggregate of the reasonable travel costs that the eligible student is obliged to
incur in the course year for the purpose set out in regulation 69, and
(b) Y is the aggregate of the expenditure incurred in the course year specified in paragraph
(2),
and is then reduced in accordance with paragraph (4).
(2) The expenditure is—
(a) expenditure that the eligible student reasonably incurs 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 the period the student is attending the overseas
institution, the Institute, or the overseas workplace,
(b) the cost of a visa or visas that the eligible student is obliged to obtain in order to attend
the overseas institution, the Institute, or the overseas workplace, and
(c) medical costs that the eligible student reasonably incurs in order to fulfil a mandatory
condition of entry into the territory, country or state in which the overseas institution,
the Institute, or the overseas workplace is situated.
(3) If the eligible student has reasonable travel costs and expenditure in relation to more than
one course year that begins in the same service year, the calculation in paragraph (1) must be
carried out in relation to the aggregate travel costs and expenditure for all those course years.
(4) The result of the calculation in paragraph (1) is reduced by £1 for every complete £13.47
by which the student’s household income exceeds £45,000.
Chapter 4
Grants for dependants
Interpretation of this Chapter
71.—(1) In this Chapter—
(a) “adult dependant”, in relation to an eligible student, subject to sub-paragraph (m), means
an adult person who is dependent on the student other than the student's child, the
student's partner (including a spouse or civil partner from whom the Secretary of State
considers the student is separated) or the student’s former partner;
(b) “child”, in relation to an eligible student, includes any child of the student’s partner who
is dependent on the student and any child for whom the student has parental responsibility
who is dependent on the student;
(c) “dependant”, in relation to an eligible student, means the student’s partner, the student’s
dependent child or an adult dependant, who in each case is not an eligible student and
does not hold a statutory award;
(d) “dependants’ income”, in relation to an eligible student, means the aggregate of—
(i) the residual income of any adult dependants,
(ii) the residual income of the eligible student’s partner, and
53(iii) the net income of any dependent child or children;
(e) “dependent” means wholly or mainly financially dependent;
(f) “dependent child”, in relation to an eligible student, means a child who is dependent on
the student;
(g) “preceding financial year” means the financial year that ends before the 31st July
preceding the relevant year;
(h) “prior financial year” means the financial year immediately before the preceding financial
year;
(i) “relevant year” means the course year of the course in respect of which the eligible
student’s dependants’ income falls to be assessed;
(j) “residual income”—
(i) in the case of an eligible student’s adult dependant, is determined in accordance
with paragraph 5 of Schedule 7 (other than sub-paragraphs (2)(b) and (c), (3)(b)
and (c), (9), (10) and (11)), as if references to the parent in paragraph 5 were
references to the eligible student’s adult dependant);
(ii) in the case of an eligible student’s partner, is determined in accordance with
paragraph 6 of Schedule 7;
(k) “partner”, subject to sub-paragraphs (l), (m), (n), (o) and (r), means—
(i) the spouse or civil partner of an eligible student;
(ii) in the case of an eligible student who falls within paragraph 2(1)(a) of Schedule
7, a person ordinarily living with the eligible student as if the person were the
student’s spouse or civil partner;
(l) unless otherwise indicated, a person who would otherwise be a partner under
sub-paragraph (k) is not to be treated as a partner if—
(i) in the opinion of the Secretary of State, the person and the eligible student are
separated, or
(ii) the person is ordinarily living outside the United Kingdom and is not dependent
on the eligible student;
(m) for the purposes of the definition of “adult dependant”, a person is treated as a partner
if that person would be a partner under sub-paragraph (k) but for the fact that the eligible
student with whom that person is ordinarily living does not fall within paragraph 2(1)(a)
of Schedule 7;
(n) for the purposes of the definition of “child”, a person is treated as a partner if that person
would be a partner under sub-paragraph (k) but for the fact that the eligible student with
whom that person is ordinarily living does not fall within paragraph 2(1)(a) of Schedule
7;
(o) for the purposes of regulation 76 (qualification for childcare grant)—
(i) sub-paragraph (l) does not apply, and
(ii) a person is treated as a partner if that person would be a partner under sub-paragraph
(k) but for the fact that the eligible student with whom that person is ordinarily
living does not fall within paragraph (2)(1)(a) of Schedule 7;
(p) subject to sub-paragraph (q), for the purposes of the definitions of “adult dependant”
and “dependent child”, the Secretary of State may treat an adult person or child as
dependent on an eligible student if the Secretary of State is satisfied that the adult person
or child—
(i) is not dependent on—
54(aa) the eligible student, or
(bb) the eligible student’s partner, but
(ii) is dependent on the eligible student and the eligible student's partner together;
(q) the Secretary of State must not treat an adult person (“A”) as dependent on an eligible
student in accordance with sub-paragraph (p), if A is—
(i) the spouse or civil partner of the eligible student’s partner (including a spouse or
civil partner from whom the Secretary of State considers the eligible student’s
partner is separated), or
(ii) the former partner of the eligible student’s partner;
(r) for the purposes of determining whether a person is the former partner of an eligible
student’s partner, “partner” in relation to an eligible student’s partner means—
(i) the spouse or civil partner of an eligible student’s partner;
(ii) a person (“A”) ordinarily living with an eligible student’s partner (“B”) as if A
were B’s spouse or civil partner.
(2) In this Chapter “net income” in relation to a dependant means the dependant’s income from
all sources, for the relevant year for the purposes of regulation 75(3)(b) and for the prior financial
year for the purposes of regulations 78 to 80, reduced by the amount of income tax and social
security contributions payable in respect of it but disregarding—
(a) any pension, allowance, or other benefit paid by reason of a disability or incapacity to
which the dependant is subject;
(b) child benefit payable under Part IX of the Social Security Contributions and Benefits
Act 1992(a);
(c) any financial support payable to the dependant by a local authority in accordance with
regulations made under sections 2, 3 or 4 of the Adoption and Children Act 2002(b);
(d) any guardian's allowance to which the dependant is entitled under section 77 of the
Social Security Contributions and Benefits Act 1992(c);
(e) any payment made to a dependant, in respect of a child who is being looked after by a
local authority and is placed with the dependant as the child’s foster parent, in pursuance
of section 22C of the Children Act 1989(d) or, as the case may be, section 81 of the
Social Services and Well-being (Wales) Act 2014(e);
(f) any payments made to the dependant under Schedule 1 to the Children Act 1989(f) in
respect of a person who is not the dependant's child or any assistance given by a local
authority pursuant to section 24 of that Act or section 104 of the Social Services and
(a) Part IX was amended by Schedule 16 to the Immigration and Asylum Act 1999 (c. 33), by section 72 of the Child
Support, Pensions and Social Security Act 2000 (c. 19), by sections 55 and 56 of the Tax Credits Act 2002 (c. 21), by
paragraphs 47 and 48 of Schedule 24 to the Civil Partnership Act 2004, by section 1 of, and paragraphs 9 to 14 of
Schedule 1 to, the Child Benefit Act 2005 (c. 6), and by S.I. 2003/392, 2013/1465, 2016/413 and 2019/1458.
(b) 2002 c. 38. Section 2 was amended by S.I. 2016/413 (W. 131) and 2019/772 (W. 146). Section 3 was amended by S.I.
2016/413 (W. 131). Section 4 was amended paragraph 105 of Schedule 5 to the Health and Social Care Act 2012 (c.
7), by paragraph 63 of Schedule 4 and paragraph 4 of Schedule 9 to the Health and Care Act 2022 (c. 31), and by S.I.
2010/1158.
(c) Section 77 was amended by Schedule 6 to the Tax Credits Act 2002, by paragraph 34 of Schedule 24 to the Civil
Partnership Act 2004, by paragraph 4 of Schedule 1 to the Child Benefit Act 2005, and by S.I. 2019/1458.
(d) 1989 c. 41. Section 22C was substituted by section 8(1) of the Children and Young Persons Act 2008 (c. 23). There are
amendments but none is relevant.
(e) 2014 anaw 4. Section 81 was amended by section 21(3) of the Health and Social Care (Wales) Act 2025 (2025 asc 1)
and by S.I. 2017/1025 (W. 263).
(f) There are amendments to Schedule 1 that are not relevant to these Regulations.
55Well-being (Wales) Act 2014(a) in so far as that section applies to category 5 and 6
young persons within the meaning of that Act;
(g) any child tax credit to which the dependant is entitled under Part 1 of the Tax Credits
Act 2002(b);
(h) a higher education bursary paid to the dependant under section 23C(5A) of the Children
Act 1989(c);
(i) in the case of a dependant who is entitled to an award of universal credit—
(i) any amount that is included in the calculation of the award, under regulation 27(1)
of the Universal Credit Regulations 2013(d), in respect of the fact that the dependant
has limited capability for work and work-related activity;
(ii) any amount or additional amount that is included in the calculation of the award
under regulation 24 of those Regulations(e) (the child element).
(3) For the purposes of paragraph (2), where the dependant is a dependent child and payments
are made to the eligible student towards the child’s maintenance, those payments are to be treated
as the child’s income.
(4) For the purposes of the definition of “relevant year” in paragraph (1)(i), where an eligible
student is studying two or more courses in the same service year the household income falls to
be assessed in respect of the course year of whichever of those courses has the earliest course
start date.
(5) In this Chapter “financial year”, in relation to a person whose income is calculated under
this Chapter, means the period of twelve months in respect of which their income is computed
for the purposes of the income tax legislation which applies to it.
Elements of the grants for dependants
72. The grants for dependants consist of the following elements—
(a) adult dependants’ grant;
(b) childcare grant;
(c) parents’ learning allowance.
Amount of the grants for dependants - general
73.—(1) Subject to regulation 60, grants for dependants are payable in respect of a course year.
(2) An element of the grants for dependants is not payable if the eligible student does not
provide requested details of income or other information needed to calculate the amount of that
element to which they would otherwise be entitled.
Adjustment for concurrent study
74.—(1) This regulation applies where an eligible student is studying two courses where—
(a) each of those courses has a credit value of at least 120, and
(a) Section 104 was amended by paragraph 27(a) of Schedule 1 and paragraph 221(a) of Schedule 4 to the Health and Care
Act 2022.
(b) Part 1 was repealed with savings by Part 1 of Schedule 14 to the Welfare Reform Act 2012; see article 3 of S.I. 2019/167
(C. 6).
(c) Section 23C was inserted by section 2(4) of the Children (Leaving Care) Act 2000 (c. 35), and paragraph (5A) was
inserted by section 21(2) of the Children and Young Persons Act 2008.
(d) Regulation 27(1) was substituted by S.I. 2017/204.
(e) Regulation 24 was amended by section 14(5)(a) of the Welfare Reform and Work Act 2016 (c. 7) and by S.I. 2014/288,
2021/786 and 2022/177.
56(b) the periods of study of those courses overlap.
(2) In this regulation—
(a) “day” includes Saturday and Sunday;
(b) “course A” means whichever of the courses begins first;
(c) “course B” means whichever of the courses begins second;
(d) “period of overlap” means the period during which the periods of study of course A
and course B overlap.
(3) The eligible student is not entitled to any element of the grants for dependants in respect
of any day of course B that falls during the period of overlap.
Adult dependants’ grant - qualification and basic amount
75.—(1) An eligible student qualifies for an adult dependants’ grant in connection with the
student’s attendance on a designated course in accordance with this regulation.
(2) For the purposes of regulation 58(1)(b), the threshold number of credits in relation to the
adult dependants’ grant is 120 credits of study for the course year.
(3) The adult dependants’ grant is available in respect of one dependant of an eligible student
who is either—
(a) the eligible student’s partner, or
(b) an adult dependant whose net income for the relevant year does not exceed £3,796,
provided that the dependant is ordinarily resident in the United Kingdom.
(4) The basic amount of adult dependants’ grant in relation to all course years that begin in
the same service year is such amount not exceeding £3,545 as the Secretary of State considers
is reasonable in the circumstances.
Childcare grant - qualification and basic amount
76.—(1) An eligible student (“A”) qualifies for a childcare grant in connection with A’s
attendance on a designated course in accordance with this regulation.
(2) For the purposes of regulation 58(1)(b), the threshold number of credits in relation to the
childcare grant is 120 credits of study for the course year.
(3) Subject to paragraphs (4), (5), (6), (7) and (9), the childcare grant is available in respect of
any day of a course year in relation to which A incurs prescribed childcare charges for a dependent
child who—
(a) is under the age of 15 immediately before the beginning of the course year, or
(b) has special educational needs within the meaning of section 20 of the Children and
Families Act 2014(a) and is under the age of 17 immediately before the beginning of
the course year.
(4) A does not qualify for a childcare grant if—
(a) A or A’s partner is entitled to an award of universal credit the calculation of which
includes an amount under regulation 31 of the Universal Credit Regulations 2013
(childcare costs element),
(b) A’s partner has elected to receive financial support for childcare under a healthcare
bursary, or
(a) 2014 c. 6.
57(c) A’s partner is eligible for a healthcare tuition payment and has elected to receive financial
support for childcare under section 63 of the Health Services and Public Health Act
1968.
(5) A does not qualify for a childcare grant during any entitlement period for which A or A’s
partner has made a valid declaration of eligibility under the Childcare Payments Act 2014(a) in
relation to any child.
(6) A does not qualify for a childcare grant if the prescribed childcare charges that A incurs
for A’s child are paid or to be paid by A to A’s partner.
(7) Childcare grant is not payable in respect of any prescribed childcare charges unless the
application from the person seeking payment of the prescribed childcare charges reaches the
Secretary of State—
(a) within the period of 13 weeks beginning with the end of the last day of the week in
which the student incurred those prescribed childcare charges, or
(b) such later date as the Secretary of State specifies, having regard to all the circumstances
of the case.
(8) Subject to paragraph (9), the basic amount of childcare grant for each week of a course
year in relation to which A incurs prescribed childcare charges is—
(a) for one dependent child, 85% of the prescribed childcare charges, subject to a maximum
weekly amount, or
(b) for two or more dependent children, 85% of the prescribed childcare charges, subject
to a maximum weekly amount.
(9) A does not qualify for a childcare grant in relation to a week of a course year where—
(a) the course year is the final year of a course, or
(b) the course is less than one year in duration,
and the week falls after the last day of the course.
(10) For the purposes of calculating the basic amount of childcare grant under paragraph (8)—
(a) where a week in respect of which prescribed childcare charges are incurred falls partly
within and partly outside the course year in respect of which childcare grant is payable
under this regulation, the maximum weekly amount of childcare grant is calculated by
multiplying the relevant maximum weekly amount in sub-paragraph (b) by the number
of days of that week falling within the course year and dividing the product by seven;
(b) the maximum weekly amount is—
(i) £199.62 for the purposes of paragraph (8)(a);
(ii) £342.24 for the purposes of paragraph (8)(b).
(11) Subject to paragraph (12), in this regulation “prescribed childcare charges” means childcare
charges of a description prescribed for the purposes of section 12 of the Tax Credits Act 2002.
(12) “Prescribed childcare charges” do not include childcare charges in respect of childcare
provided by a nanny unless the Secretary of State has determined that, owing to exceptional
circumstances, it would be appropriate for A to incur childcare charges in respect of childcare
provided by a nanny.
(13) In paragraph (12), “nanny” means a person who cares for a child in any of the circumstances
specified in article 3 of the Childcare (Exemptions from Registration) Order 2008(b) (and is
(a) 2014 c. 28.
(b) S.I. 2008/979, amended by S.I. 2010/744, 2011/584 and 2014/913. There are other amending instruments but none is
relevant.
58consequently not required to be registered in either of the childcare registers established by section
32 of the Childcare Act 2006)(a).
(14) In this regulation, the terms “entitlement period” and “valid declaration of eligibility” have
the meanings they are given in the Childcare Payments Act 2014 and regulations made under
that Act.
Parents’ learning allowance - qualification and basic amount
77.—(1) An eligible student qualifies for the parents’ learning allowance in connection with
their attendance on a designated course if they have one or more dependants who are dependent
children.
(2) For the purposes of regulation 58(1)(b), the threshold number of credits in relation to the
parents’ learning allowance is 120 credits of study for the course year.
(3) The basic amount of parents’ learning allowance payable in relation to all course years that
begin in the same service year is £2,024.
Calculation of adult dependants’ grant
78.—(1) Subject to paragraph (3), the amount of adult dependants’ grant is equal to—
A−B
where—
(a) A is the basic amount referred to in regulation 75(4);
(b) B, where the dependants’ income for the prior financial year is more than £8,746, is
the amount by which the household income exceeds £8,746 divided by 2;
(c) B, where the dependants’ income for the prior financial year is £8,746 or less, is nil.
(2) 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, or
(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 that partner is entitled, under the
statutory award.
(3) No adult dependants’ grant is payable where the dependants’ income for the prior financial
year exceeds £15,835.98.
Calculation of childcare grant
79.—(1) Subject to paragraph (8), the amount of childcare grant payable in respect of a course
year is calculated—
(a) in accordance with paragraphs (2), (3), (6) and (7) where the eligible student has one
dependent child only;
(a) 2006 c. 21. Section 32 was amended by paragraph 2 of Schedule 4 to the Children and Families Act 2014 and paragraph
2 of Schedule 23 to the Levelling Up and Regeneration Act 2023 (c. 55).
59(b) in accordance with paragraphs (4), (5), (6) and (7) where the eligible student has two
or more dependent children;
(2) The amount of childcare grant, where the dependants’ income for the prior financial year
exceeds £9,727 but does not exceed £20,107.23, is an amount equal to—
⎡ ⎢ ⎡ ⎢ ⎤ ⎥⎤ ⎥ D
⎢ ⎣A−⎢ ⎣B −C ⎥ ⎦⎥ ⎦ ×
E
where—
(a) A is the basic amount described in regulation 76(8)(a) multiplied by 52,
(b) B is the dependants’ income for the prior financial year,
(c) C is £9,727,
(d) D is the number of days in respect of which the eligible student applies and qualifies
for childcare grant, up to a maximum of 365 days or, where the course year includes
29th February, up to a maximum of 366 days, and
(e) E is 365 or, where the course year includes 29th February, 366.
(3) The amount of childcare grant, where the dependants’ income for the prior financial year
does not exceed £9,727, is an amount equal to—
B
A×
C
where—
(a) A is the basic amount described in regulation 76(8)(a) multiplied by 52,
(b) B is the number of days in respect of which the eligible student applies and qualifies
for childcare grant, up to a maximum of 365 days or, where the course year includes
29th February, up to a maximum of 366 days, and
(c) C is 365 or, where the course year includes 29th February, 366.
(4) The amount of childcare grant, where the dependants’ income for the prior financial year
exceeds £11,118 but does not exceed £28,914.47, is an amount equal to—
⎡ ⎢ ⎡ ⎢ ⎤ ⎥⎤ ⎥ D
⎢ ⎣A−⎢ ⎣B −C ⎥ ⎦⎥ ⎦×
E
where—
(a) A is the basic amount described in regulation 76(8)(b) multiplied by 52,
(b) B is the dependants’ income for the prior financial year,
(c) C is £11,118,
(d) D is the number of days in respect of which the eligible student applies and qualifies
for childcare grant, up to a maximum of 365 days or, where the course year includes
29th February, up to a maximum of 366 days, and
(e) E is 365 or, where the course year includes 29th February, 366.
(5) The amount of childcare grant, where the dependants’ income for the prior financial year
does not exceed £11,118, is an amount equal to—
60B
A×
C
where—
(a) A is the basic amount described in regulation 76(8)(b) multiplied by 52,
(b) B is the number of days in respect of which the eligible student applies and qualifies
for childcare grant, up to a maximum of 365 days or, where the course year includes
29th February, up to a maximum of 366 days, and
(c) C is 365 or, where the course year includes 29th February, 366.
(6) The amount of childcare grant payable is nil where—
(a) the eligible student has one dependent child only and the dependants’ income for the
prior financial year exceeds £20,107.23, or
(b) the eligible student has two or more dependent children and the dependants’ income for
the prior financial year exceeds £28,914.47.
(7) The amount of childcare grant calculated in accordance with paragraphs (2), (3) and (6) or
paragraphs (4), (5) and (6), as applicable, is reduced by one half where—
(a) the eligible student’s partner—
(i) is an eligible student, or
(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 that partner is entitled, under the
statutory award.
(8) Where an eligible student has one dependent child for part of the course year and two or
more dependent children for another part of the course year, the eligible student’s entitlement to
childcare grant is the sum of—
(a) the amount calculated in accordance with paragraphs (2), (3), (6) and (7) in respect of
the days of the course year on which the student had one dependent child, and
(b) the amount calculated in accordance with paragraphs (4), (5), (6) and (7) in respect of
the days of the course year on which the student had two or more dependent children.
(9) An eligible student may request an amount of childcare grant to be payable which is less
than the amount calculated under this regulation.
(10) Where an eligible student makes a request under paragraph (9), the amount of childcare
grant payable is the amount requested, provided that the Secretary of State considers the amount
requested to be reasonable in the circumstances.
Calculation of parents’ learning allowance
80.—(1) Subject to paragraphs (2) and (3), the amount of parents’ learning allowance is equal
to—
A−B
where—
(a) A is the basic amount referred to in regulation 77(3),
(b) B, where the dependants’ income for the prior financial year is more than £14,910, is
the amount by which the household income exceeds £14,910 divided by 2, and
61(c) B, where the dependants’ income for the prior financial year is £14,910 or less, is nil.
(2) Where the amount of parents’ learning allowance calculated under paragraph (1) is £0.01
or more but less than £50, the amount of parents’ learning allowance payable is £50.
(3) No parents’ learning allowance is payable where the dependants’ income for the prior
financial year exceeds £18,957.98.
Assessment of net income for current year
81.—(1) Where the Secretary of State is satisfied that the net income of the eligible student’s
dependent children for the financial year beginning immediately before the relevant year (“the
current financial year”) is likely to be not more than 85% of the sterling value of their net income
for the prior financial year, the Secretary of State may, for the purpose of enabling the eligible
student to attend the course without hardship, use the dependent children’s net income for the
current financial year for the purposes of the calculations in regulations 78 to 80.
(2) In the event that paragraph (1) or this paragraph is applied in the previous course year of
the current course and the Secretary of State is satisfied that the net income of the eligible student’s
dependent children for the financial year beginning immediately before the relevant year is likely
to be not more than 85% of the sterling value of their net income for the previous financial year,
the Secretary of State may, for the purpose of enabling the eligible student to attend the course
without hardship, use the dependent children’s net income for the current financial year for the
purposes of the calculations in regulations 78 to 80.
(3) In a course year immediately following one in which the Secretary of State has ascertained
the eligible student’s dependent children’s net income for the current financial year under paragraph
(1) and, where applicable, under paragraph (2), the Secretary of State must use the dependent
children’s net income for the preceding financial year for the purposes of the calculations in
regulations 78 to 80.
Changes during a course year
82.—(1) This regulation applies if any of the following changes occurs during the course year—
(a) there is a change in the number of the eligible student’s dependants;
(b) a person becomes or ceases to be a dependant of the eligible student;
(c) a student becomes eligible for support as a result of—
(i) a course designation event, or
(ii) an in-year qualifying event.
(2) For the purposes of determining whether adult dependants’ grant or parents’ learning
allowance is payable, the Secretary of State must determine the following in relation to each day
of the course year, by reference to the student’s circumstances on that day—
(a) how many dependants the eligible student is to be treated as having;
(b) who those dependants are.
(3) The amount of adult dependants’ grant and parents’ learning allowance in respect of a day
of the course year is the amount that grant would be for the course year if the student’s
circumstances on that day applied for the duration of the course year, divided by 365 or, where
the course year includes 29th February, 366.
(4) The amount of grants for dependants for the course year is the aggregate of the amounts
of adult dependants’ grant and parents’ learning allowance calculated in respect of each day of
the course year under paragraph (3) and the amount of any childcare grant for the course year
calculated under regulation 79.
62PART 7
Payments
Chapter 1
Interpretation of Part 7
Interpretation
83. In this Part, “attendance confirmation” means—
(a) confirmation from the academic authority that the student has enrolled for the course
year where—
(i) the student is applying for support in connection with a designated course for the
first time,
(ii) the student has a disability, and
(iii) the student is undertaking the course but not attending (regardless of whether the
reason for not attending relates to the student’s disability);
(b) confirmation from the academic authority that the student has been present at the
institution and begun to attend the course where—
(i) the student is applying for support in connection with a designated course for the
first time,
(ii) the student’s status as an eligible student has not been transferred to the course
from another designated course at the same institution, and
(iii) paragraph (a)(iii) does not apply;
(c) confirmation from the academic authority that the student has enrolled for the course
year where—
(i) the student is applying for support in connection with a designated course other
than for the first time, or
(ii) the student is applying for support in connection with a designated course for the
first time after the student’s status as an eligible student has been transferred to
that course from another course at the same institution.
Chapter 2
Payment of supplementary grants
Payment of supplementary grants
84.—(1) The Secretary of State may pay support under Part 6 in instalments.
(2) Subject to paragraph (4), the Secretary of State may pay a supplementary grant under Part
6 at such times as the Secretary of State considers appropriate.
(3) An academic authority is required to send an attendance confirmation to the Secretary of
State.
(4) The Secretary of State must not pay the first instalment or, where it has been determined
not to pay a supplementary grant under Part 6 by instalments, make any payment of a
supplementary grant under Part 6, to any person before the Secretary of State has received the
attendance confirmation unless an exception applies.
(5) An exception applies if—
63(a) the disabled students’ allowance is payable, in which case that particular supplementary
grant may be paid before the Secretary of State has received an attendance confirmation,
or
(b) the Secretary of State has determined that, owing to exceptional circumstances, it would
be appropriate to make a payment without receiving an attendance confirmation.
(6) Where a final assessment cannot be made on the basis of the information provided by the
student, the Secretary of State may make a provisional assessment and payment of a supplementary
grant under Part 6.
(7) Payment of a supplementary grant under Part 6 is to be made in such a manner as the
Secretary of State considers appropriate and the Secretary of State may make it a condition of
entitlement to payment that the eligible student, or in the case of a childcare grant, a person
seeking payment of prescribed childcare charges, must provide the Secretary of State or such
person as the Secretary of State specifies with particulars of a bank or building society account
in the United Kingdom into which payments may be made by electronic transfer.
(8) No supplementary grant is due in respect of any day of a course year on which the eligible
student is a prisoner, unless in the opinion of the Secretary of State it would be appropriate in
all the circumstances for support to be paid in respect of that day.
(9) In deciding whether it would be appropriate for a supplementary grant to be paid under
paragraph (8), the circumstances to which the Secretary of State must have regard include the
financial hardship which not paying the supplementary grant would cause and whether not paying
the supplementary grant would affect the student's ability to continue the course.
(10) No supplementary grant in respect of the current course is due in respect of any payment
period beginning after an eligible student's period of eligibility terminates.
(11) Where an eligible student's period of eligibility terminates on or after the first day of the
relevant course year, the Secretary of State must determine—
(a) the amount of each supplementary grant for which the student qualifies that would be
payable in respect of the relevant payment period if the eligible student's period of
eligibility had not terminated (the “full amount”), and
(b) how much of the full amount is due in respect of the period which runs from the first
day of the relevant payment period up to and including the day on which the eligible
student's period of eligibility terminated (the “partial amount”).
(12) If the Secretary of State has made a payment of a supplementary grant in respect of the
relevant payment period before the point in that period at which the eligible student's period of
eligibility terminated and that payment exceeds the partial amount of that grant—
(a) the Secretary of State may treat the excess as an overpayment of that grant, or
(b) if the Secretary of State considers that it is appropriate to do so, the Secretary of State
may extend the student's period of eligibility in respect of that grant until the end of
the relevant payment period and determine that the full amount of that grant is due in
respect of that payment period.
(13) Subject to paragraph (14), if a payment of a supplementary grant in respect of the relevant
payment period is due to be made or is made after the eligible student's period of eligibility has
terminated, the amount of that grant due is the partial amount unless the Secretary of State
considers it appropriate to extend the period of eligibility in respect of that grant until the end of
the relevant payment period and to determine that the full amount of that grant is due in respect
of that payment period.
(14) Paragraph (13) does not apply to a payment of the disabled students' allowance in respect
of specialist equipment.
64(15) No supplementary grant is due in respect of a payment period during any part of which
an eligible student is absent from the course, unless in the opinion of the Secretary of State it
would be appropriate in all the circumstances for support to be paid in respect of the period of
absence.
(16) In deciding whether it would be appropriate for a supplementary grant to be paid under
paragraph (15), the circumstances to which the Secretary of State must have regard include the
reasons for the student's absence, the length of the absence and the financial hardship which not
paying the supplementary grant would cause.
(17) An eligible student is not to be considered absent from the course if the student is unable
to attend due to illness and the student's absence has not exceeded 60 consecutive days.
(18) Where, after the Secretary of State has made a payment of a supplementary grant under
Part 6, the Secretary of State makes a determination of the amount of a supplementary grant for
which the student qualifies, either for the first time or by way of revision of a provisional or
other determination of that amount—
(a) if the determination increases the amount of that grant for which the student qualifies,
the Secretary of State must pay the additional amount in such instalments (if any) and
at such times as the Secretary of State considers appropriate;
(b) if the determination decreases the amount of that grant for which the student qualifies,
the Secretary of State must 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 is reduced to nil and the balance subtracted from any other
supplementary grant for which the student qualifies in respect of the course year;
(d) any remaining overpayment is recoverable in accordance with Chapter 4 of this Part.
(19) In the case of a childcare grant—
(a) the general rule is that an application from a person seeking payment of prescribed
childcare charges must reach the Secretary of State within the period of 13 weeks
beginning with the last day of the week in which the student incurred those prescribed
childcare charges;
(b) the general rule does not apply where the Secretary of State, having regard to the
circumstances of the particular case, considers that the time limit should be relaxed, in
which case the application must reach the Secretary of State not later than such date as
the Secretary of State specifies.
Chapter 3
Payment of loans
Provision of United Kingdom national insurance number
85.—(1) The Secretary of State may make it a condition of entitlement to payment of any loan
that the eligible student must provide the Secretary of State with the student’s United Kingdom
national insurance number.
(2) Where the Secretary of State has imposed a condition under paragraph (1), the Secretary
of State must not make any payment of the loan to the eligible student before the Secretary of
State is satisfied that the student has complied with that condition.
(3) Despite paragraph (2), the Secretary of State may make a payment of a loan to an eligible
student if the Secretary of State is satisfied that, owing to exceptional circumstances, it would be
appropriate to make such payment without the eligible student having complied with the condition
imposed under paragraph (1).
65Information requirements
86.—(1) The Secretary of State may at any time request from an applicant or eligible student
information that the Secretary of State considers is required to recover a loan.
(2) The Secretary of State may at any time require an applicant or eligible student to enter into
an agreement to repay a loan by a particular method.
(3) The Secretary of State may at any time request from an applicant or eligible student sight
of their valid national identity card, valid passport issued by the state of which they are a national,
or their birth certificate.
(4) Where the Secretary of State has requested information under this regulation, the Secretary
of State may withhold payment of a loan until the person provides what has been requested or
provides a satisfactory explanation for not complying with the request.
(5) Where the Secretary of State has required an agreement as to the method of repayment
under this regulation, the Secretary of State may withhold any payment of a loan until the person
provides what has been required.
Payment of fee loans
87.—(1) The Secretary of State must pay the fee loan for which an eligible student qualifies
to an institution to which the student is liable to make payment.
(2) The Secretary of State may pay the fee loan in instalments.
(3) The Secretary of State must not pay the fee loan or instalment of fee loan until the Secretary
of State has received from the academic authority—
(a) a request for payment, and
(b) confirmation (in such form as may be required by the Secretary of State) of the student’s
attendance on the course for the period to which the instalment relates.
(4) An academic authority must not send confirmation of the student’s attendance to the Secretary
of State—
(a) in the case of an institution with degree awarding powers pursuant to section 76 of the
Further and Higher Education Act 1992 or sections 42 to 49 of the 2017 Act, until the
student is registered on the course at the institution,
(b) in the case of a course validated by an institution with degree awarding powers pursuant
to section 76 of the Further and Higher Education Act 1992 or sections 42 to 49 of the
2017 Act, until the validating institution has been notified by the institution teaching
the student that the student is studying on the course covered by the validation agreement,
or
(c) where neither sub-paragraph (a) or (b) applies, until the student has been registered with
the relevant awarding body.
(5) In this regulation, “confirmation of the student’s attendance” means confirmation from the
academic authority that the student—
(a) has enrolled for the course year and has begun to attend (or in the case of a distance
learning course, undertake) the course for that course year, where the confirmation relates
to the payment of the fee loan or the first instalment of the fee loan for the course year,
or
(b) remains enrolled and continues to attend (or in the case of a distance learning course,
undertake) the course, where the confirmation relates to payment of an instalment of
the fee loan other than the first instalment.
66(6) The academic authority must inform the Secretary of State if a student ceases to attend or
undertake the designated course during the course year.
Payment of loans for living costs
88.—(1) The Secretary of State may pay a loan for living costs under Part 5 in instalments.
(2) Subject to paragraph (4), the Secretary of State may pay a loan for living costs under Part
5 at such times as the Secretary of State considers appropriate.
(3) An academic authority is required to send an attendance confirmation to the Secretary of
State.
(4) The Secretary of State must not pay the first instalment, or where it has been determined
not to pay a loan for living costs under Part 5 by instalments, make any payment of a loan for
living costs under Part 5 to the eligible student before the Secretary of State has received an
attendance confirmation from the relevant academic authority unless an exception applies.
(5) An exception applies if the Secretary of State has determined that, owing to exceptional
circumstances, it would be appropriate to make a payment without receiving an attendance
confirmation.
(6) Where a final assessment cannot be made on the basis of the information provided by the
student, the Secretary of State may make a provisional assessment and payment of a loan for
living costs under Part 5.
(7) Payments of a loan for living costs under Part 5 are to be made in such a manner as the
Secretary of State considers appropriate and the Secretary of State may make it a condition of
entitlement to payment that the eligible student must provide the Secretary of State with particulars
of a bank or building society account in the United Kingdom into which payments may be made
by electronic transfer.
(8) Where the Secretary of State has made a payment of a loan for living costs under Part 5
and a student who qualifies for a loan for living costs under Part 5 applies for an additional
amount in respect of a course year, the Secretary of State may pay that additional amount of loan
in such instalments and at such times as the Secretary of State considers appropriate, as soon as
is reasonably practicable after a satisfactory application has been received.
(9) No loan for living costs is due in respect of any day of a course year on which the eligible
student is a prisoner, unless in the opinion of the Secretary of State it would be appropriate in
all the circumstances for a loan for living costs to be paid in respect of that day.
(10) In deciding whether it would be appropriate for a loan for living costs to be due, the
circumstances to which the Secretary of State must have regard include the financial hardship
which not paying the loan for living costs would cause and whether not paying the loan for living
costs would affect the student's ability to continue the course.
(11) No loan for living costs in respect of the current course is due in respect of any payment
period beginning after an eligible student's period of eligibility terminates.
(12) No loan for living costs is due in respect of a payment period during part of which an
eligible student is absent from the course, unless in the opinion of the Secretary of State it would
be appropriate in all the circumstances for support to be paid in respect of the period of absence.
(13) In deciding whether it would be appropriate for a loan for living costs to be due, the
circumstances to which the Secretary of State must have regard include the reasons for the student's
absence, the length of the absence and the financial hardship which not paying the support would
cause.
(14) An eligible student is not to be considered absent from the student's course if the student
is unable to attend due to illness and the student's absence has not exceeded 60 consecutive days.
67(15) Where, after the Secretary of State has made a payment of a loan for living costs under
Part 5 for which a student qualifies in respect of a course year, the Secretary of State makes a
determination that the amount of a loan for living costs for which the student qualifies is less
than the amount previously determined either by way of a revision of a provisional assessment
or otherwise—
(a) the Secretary of State must subtract from any amount of loan which remains to be paid
under Part 5 such amount as is necessary to ensure that the student does not borrow an
amount of loan under Part 5 which is greater than that for which the student qualifies;
(b) if the amount to be subtracted is greater than the amount of loan remaining to be paid
under Part 5, the amount of that loan remaining to be paid is reduced to nil;
(c) any remaining overpayment is recoverable in accordance with Chapter 4 of this Part.
Chapter 4
Overpayments
Overpayment of fee loans
89.—(1) An overpayment of a fee loan is recoverable by the Secretary of State from—
(a) the academic authority, or
(b) the student in respect of whom the payment of a fee loan was made.
(2) A student must, if so required by the Secretary of State, repay any amount of a fee loan
paid in respect of the student which for whatever reason exceeds the amount of a fee loan to
which the student is entitled.
(3) An academic authority must, if so required by the Secretary of State, repay any amount of
a fee loan paid to the academic authority in respect of a student which for whatever reason exceeds
the amount of a fee loan to which the student is entitled.
(4) An overpayment of a fee loan may be recovered from a student under paragraph (1)(b) in
whichever one or more of the following ways the Secretary of State considers appropriate in all
the circumstances—
(a) by subtracting the overpayment from any amount of the fee loan which remains to be
paid;
(b) by subtracting the overpayment from any kind of grant or loan payable to the student
from time to time pursuant to regulations made by the Secretary of State under section
22 of the 1998 Act as modified by section 28A of that Act;
(c) by requiring the student to repay the fee loan in accordance with regulations made under
section 22 of the 1998 Act as modified by section 28A of that Act;
(d) by taking such other action for the recovery of an overpayment as is available to the
Secretary of State.
Overpayment of supplementary grants and loans for living costs
90.—(1) A student must, if so required by the Secretary of State, repay any amount paid to the
student under Part 5 or Part 6 which, for whatever reason, exceeds the amount of support to
which the student is entitled under Part 5 or Part 6.
(2) The Secretary of State must recover an overpayment of any supplementary grant unless the
Secretary of State considers it is not appropriate to do so.
(3) The methods of recovery are—
68(a) subtracting the overpayment from any kind of grant or loan payable to the student from
time to time pursuant to regulations made by the Secretary of State under section 22 of
the 1998 Act as modified by section 28A of that Act;
(b) taking such other action for the recovery of an overpayment as is available to the
Secretary of State.
(4) A payment of any supplementary grant made before the relevant date is an overpayment if
the student withdraws from the course before the relevant date, unless the Secretary of State
decides otherwise.
(5) In this regulation, “the relevant date” is the course start date.
(6) In the circumstances in paragraph (7) or (8), there is an overpayment of the disabled students’
allowance unless the Secretary of State decides otherwise.
(7) The circumstances are—
(a) the Secretary of State applies all or part of the disabled students’ allowance to the
purchase of specialist equipment on behalf of the student,
(b) the student’s period of eligibility terminates after the relevant date, and
(c) the equipment has not been delivered to the student before the student’s period of
eligibility terminates.
(8) The circumstances are—
(a) the student’s period of eligibility terminates after the relevant date, and
(b) a payment of the disabled students’ allowance in respect of specialist equipment is made
to the student after the student’s period of eligibility terminated.
(9) Where there is an overpayment of the disabled students’ allowance, the Secretary of State
may accept the return of specialist equipment purchased with the grant by way of recovery of
all or part of the overpayment if the Secretary of State considers it appropriate to do so.
(10) An overpayment of a loan for living costs in respect of a course year is recoverable by
the Secretary of State from the student to whom the payment was made.
(11) The methods of recovery are—
(a) subtracting the overpayment from any kind of grant or loan payable to the student from
time to time pursuant to regulations made by the Secretary of State under section 22 of
the 1998 Act as modified by section 28A of that Act;
(b) requiring the student to repay the loan in accordance with regulations made under section
22 of the 1998 Act as modified by section 28A of that Act;
(c) taking such other action for the recovery of an overpayment as is available to the
Secretary of State.
PART 8
Consequential amendment of other subordinate legislation
Chapter 1
Amendment of the 2007 Fees and Awards Regulations
Amendment of the 2007 Fees and Awards Regulations
91. The 2007 Fees and Awards Regulations are amended in accordance with Schedule 8.
69Chapter 2
Amendment of the 2016 Master’s Degree Regulations
Amendment of the 2016 Master’s Degree Regulations
92.—(1) The 2016 Master’s Degree Regulations are amended in accordance with this regulation.
(2) In regulation 2 (interpretation)—
(a) after the definition of “the 1998 Act” insert—
““the 2011 Student Support Regulations” means the Education (Student Support)
Regulations 2011;”;
(b) after the definition of “the 2020 Citizens’ Rights Regulations”(a) insert—
““the 2026 Student Support Regulations” means the Lifelong Learning (Student
Support) (Amendment of Fees and Awards etc.) Regulations 2026;”;
(c) in the definition of “student loans legislation”—
(i) after “means” insert “the 2026 Student Support Regulations,”;
(ii) for “the student support regulations” substitute “the 2011 Student Support
Regulations”;
(d) omit the definition of “student support regulations”.
(3) In regulation 3 (eligible students), in paragraph (3), in sub-paragraph (f)(b), for “the student
support regulations” substitute “the 2011 Student Support Regulations”.
(4) In regulation 4 (designated courses), in paragraph (5)(c)—
(a) for “the student support regulations or” substitute “the 2011 Student Support
Regulations,”;
(b) after “2018” insert “, or regulation 10 (designation of courses) or 11 (designation of
modules) of the 2026 Student Support Regulations”.
Chapter 3
Amendment of the 2018 Doctoral Degree Regulations
Amendment of the 2018 Doctoral Degree Regulations
93.—(1) The 2018 Doctoral Degree Regulations are amended in accordance with this regulation.
(2) In regulation 2 (interpretation)—
(a) after the definition of “the 1998 Act” insert—
““the 2011 Student Support Regulations” means the Education (Student Support)
Regulations 2011;”;
(b) after the definition of “the 2020 Citizens’ Rights Regulations”(d) insert—
““the 2026 Student Support Regulations” means the Lifelong Learning (Student
Support) (Amendment of Fees and Awards etc.) Regulations 2026;”;
(a) The definition was inserted by S.I. 2021/127.
(b) Regulation 3(3)(f) was substituted by S.I. 2018/599.
(c) Regulation 4(5) was substituted by S.I. 2018/599.
(d) The definition was inserted by S.I. 2021/127.
70(c) in the definition of “student loans legislation”, for the student support regulations”
substitute “the 2011 Student Support Regulations, the 2026 Student Support Regulations,”;
(d) omit the definition of “student support regulations”.
(3) In regulation 3 (eligible students), in paragraph (3), in sub-paragraph (f), for “the student
support regulations” substitute “the 2011 Student Support Regulations”.
(4) In regulation 4 (designated courses), in paragraph 4—
(a) for “the student support regulations or” substitute “the 2011 Student Support
Regulations,”;
(b) after “the 2016 Master’s Degree Regulations” insert “, or regulation 10 (designated
courses) or 11 (designated modules) of the 2026 Student Support Regulations”.
Smith of Malvern
Minister of State
22nd July 2026 Department for Education
71SCHEDULES
SCHEDULE 1 Regulation 3
Interpretation
PART 1
General definitions
1. In these Regulations—
“the 1998 Act” means the Teaching and Higher Education Act 1998;
“the 2007 Fees and Awards Regulations” means the Education (Fees and Awards) (England)
Regulations 2007(a);
“the 2011 Student Support Regulations” means the Education (Student Support) Regulations
2011(b);
“the 2016 Master’s Degree Regulations” means the Education (Postgraduate Master’s
Degree Loans) Regulations 2016(c);
“the 2017 Act” means the Higher Education and Research Act 2017(d);
“the 2018 Doctoral Degree Regulations” means the Education (Postgraduate Doctoral
Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.)
Regulations 2018(e);
“the 2020 Citizens’ Rights Regulations” means the Citizens’ Rights (Application Deadline
and Temporary Protection) (EU Exit) Regulations 2020(f);
“academic authority”, in relation to an institution, means the governing body or other body
having the functions of a governing body and includes a person acting with the authority
of that body;
“activity” refers to any individual type of activity within the meaning of “credit-differentiated
activity” as defined by regulation 11(2) of the Lifelong Learning (Fee Limits) Regulations
2026;
“additional entitlement” has the meaning given by regulation 25;
“advanced learner loan” means a type of loan funding approved by the Secretary of State
and provided in relation to specific courses that are or were designated for student support
under regulation 4 of the Further Education Loans Regulations 2012;
“ALL-transfer course” means a course included in the list published under regulation
9(1)(a);
(a) S.I. 2007/779.
(b) S.I. 2011/1986.
(c) S.I. 2016/606.
(d) 2017 c. 29.
(e) S.I. 2018/599.
(f) S.I. 2020/1209.
72“allied health profession subject” means chiropody, a dental profession subject, dietetics,
dietetics and nutrition, occupational therapy, orthoptics, orthotics and prosthetics,
physiotherapy, podiatry, radiography, radiotherapy, or speech and language therapy;
“approved HTQ” means an approved technical education qualification (within the meaning
of Chapter A1 of Part 1 of the Apprenticeships, Skills, Children and Learning Act 2009(a)
(see section A12(1) of that Act)) which—
(a) is at level 4 or 5, and
(b) is included in the list of qualifications maintained by the Secretary of State in
accordance with section A2HA of that Act (list of technical education
qualifications);
“bursary year” means a course year in relation to which a student is—
(a) eligible to apply for a healthcare bursary the amount of which is calculated by
reference to income whether or not the calculation results in a nil amount, or
(b) eligible for a healthcare tuition payment, (meaning a payment for tuition in
connection with the NHS Bursary Scheme in England, established pursuant to
section 63 of the Health Services and Public Health Act 1968(b)), except where
the course leads to qualification as a medical doctor or dentist;
“concurrent study” (or “studying two or more courses concurrently”) means a student
enrolling or being enrolled on two or more courses where the periods of study overlap and
where they are in receipt of funding for those courses;
“course designation event” has the meaning given by regulation 5(2);
“course start date” means the date within the first course year on which a course begins;
“course year” means—
(a) the period of 12 months beginning with the first day of the month in which the
course begins (the “first course year”), and
(b) each subsequent period of 12 months (if any) in which part of the course is
undertaken;
“credit value” means the number of credits attached or, where no credits are attached,
regarded as being attached to a course year;
“credits” has the meaning given by regulation 4(5);
“credits attached” (and similar terms such as “credits are attached”) has the meaning given
by regulation 9 of the Lifelong Learning (Fee Limits) Regulations 2026 (attachment of
credits);
“current course” means the designated course in respect of which a person is applying for
support;
(a) 2009 c. 22. Chapter A1 was inserted by section 1 of the Deregulation Act 2015 (c. 20), section A12(1) was inserted by
section 7(7) of the Skills and Post-16 Education Act 2022 (c. 21) and the definition was amended by paragraph 27 of
Schedule 1 to the Institute for Apprenticeships and Technical Education (Transfer of Functions etc) Act 2025 (c. 14).
(b) Section 63 as it applies in relation to England was amended by paragraph 3 of Schedule 4 to the Health Act 1999 (c.
8), paragraph 1(3) of Schedule 5 to the Health and Social Care Act 2001 (c. 15), paragraph 40(2) of Schedule 2 and
paragraph 2 of Schedule 5 to the National Health Service Reform and Health Care Professions Act 2002 (c. 17), paragraph
4 of Schedule 11, paragraph 14 of Schedule 4 and Schedule 14 to the Health and Social Care (Community Health and
Standards) Act 2003 (c. 43), section 55(3) of the Children Act 2004 (c. 31), paragraph 38 of Schedule 1 to the National
Health Service (Consequential Provisions) Act 2006 (c. 43), paragraph 2 of Schedule 1 to the Health Act 2009 (c. 21),
paragraph 12 of Schedule 5 to the Health and Social Care Act 2012, section 97(7) of the Care Act 2014 (c. 23), paragraph
1 of Schedule 1 and paragraph 7 of Schedule 4 to the Health and Care Act 2022, and by S.I. 1968/1699, 2004/957 and
2007/961.
73“dental profession subject” means dental hygiene, dental therapy, or dental hygiene and
dental therapy;
“designated course” means a course that is designated by or under regulation 10 (designation
of courses);
“designated module” means a module that is designated by or under regulation 11
(designation of modules);
“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(a);
“disability” has the meaning given by section 6 of the Equality Act 2010(b);
“disabled students’ allowance” means the supplementary grant available under Chapter 2
of Part 6;
“distance learning course” means a course on which a student undertaking the course is
not required to be in attendance by the institution providing the course, where “required
to be in attendance” is not satisfied by a requirement imposed by the institution to attend
any institution—
(a) for the purposes of registration or enrolment or any examination,
(b) on a weekend or during any vacation, or
(c) on an occasional basis during the week;
“electronic signature” is so much of anything in electronic form as—
(a) is incorporated into or otherwise logically associated with any electronic
communication or electronic data, and
(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;
“eligible prisoner” means a prisoner—
(a) who is serving a sentence of imprisonment in the United Kingdom,
(b) who has been authorised by the Governor or Director of the institution (prison)
or other appropriate authority to study the current course, and
(c) whose earliest release date is within 6 years of the first day of the first course
year of the current course;
“eligible student” has the meaning given by regulation 7(2);
“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, or
(b) a scheme established by the Welsh Ministers whereby persons who are or who
have been employed in a school or other educational institution except a pupil
referral unit may become qualified teachers;
(a) OJ No. L 158, 30.4.2004, p77-123.
(b) 2010 c. 15.
74“English higher education provider” means an institution in England which provides higher
education courses;
“EU national” means a national of a member State of the EU;
“fee loan” means a loan for tuition fees made to a student pursuant to these Regulations;
“fee loan entitlement balance” has the meaning given by regulation 24(1);
“fee loan per-credit limit” has the meaning given by regulation 34(2)(d);
“fees” has the meaning given by section 85(2) of the 2017 Act;
“first course year” has the meaning given by paragraph (a) of the definition of “course
year”;
“full course” means a higher education course that is not a module of another higher
education course;
“full-time course year” means a course year that—
(a) if it contains activities which cumulatively are 15 or more weeks long, contains
more than 900 notional learning hours, or
(b) if it contains activities which cumulatively are less than 15 weeks long, contains
more than 450 notional learning hours,
and references to study which is full-time or equivalent to full-time are to be construed
accordingly;
“gateway course” means a course included in the list published under regulation 9(1)(b);
“graduate entry accelerated programme” means a course—
(a) the standard of which is not higher than a first degree which leads to a qualification
as a medical doctor or dentist,
(b) where a first degree or equivalent would normally be required for entry to the
course, and
(c) the duration of which does not exceed 4 years;
“graduate entry veterinary course” means a course—
(a) the standard of which is not higher than a first degree which leads to qualification
in veterinary science, and
(b) where a first degree or equivalent qualification would normally be required for
entry to the course;
“healthcare bursary” means a bursary or award of similar description under—
(a) section 63 of the Health Services and Public Health Act 1968 made in respect
of—
(i) a course provided by an institution in England beginning on or after 1st
August 2017, where that course leads to qualification as a paramedic, medical
doctor or dentist;
(ii) a course provided by an institution in Scotland or Northern Ireland, where
that course leads to qualification as a medical doctor or dentist;
(iii) a course provided by an institution in Wales, or
75(b) article 44 of the Health and Personal Social Services (Northern Ireland) Order
1972(a);
“high level quality rating” has the meaning given by paragraph 2(3) of Schedule 2 to the
2017 Act;
“higher education course” has the meaning given by regulation 4(2);
“higher education provider” means an institution which provides higher education courses
(and “provider” is to be construed accordingly);
“home institution” means the institution at which a student is enrolled;
“household income” has the meaning given by paragraph 3 of Schedule 7;
“immigration rules” has the meaning given by section 33(1) of the Immigration Act 1971(b);
“in-year qualifying event” has the meaning given by regulation 5(3);
“information” includes documents;
“Institute” means the University of London Institute in Paris;
“institution” in relation to England includes an English higher education provider;
“intercalated year” means an additional year of study undertaken part way through a course
in medicine, dentistry or veterinary science—
(a) during which a student studies a different subject (which may be in a field other
than medicine, dentistry or veterinary science), and
(b) which (subject to successful completion) leads to the student being awarded an
additional degree or equivalent qualification before the end of their course;
“the Islands” means the Channel Islands and the Isle of Man;
“level” refers to the standard of qualification—
(a) of the FHEQ level within the Frameworks for Higher Education Qualifications
of UK Degree-Awarding Bodies, as amended from time to time(c), or
(b) as described in the Ofqual Handbook: General Conditions of Recognition, as
amended from time to time(d);
“lifetime entitlement” has the meaning given by regulation 22;
“loan”, except where otherwise indicated, means a loan pursuant to regulations made by
the Secretary of State under section 22 of the 1998 Act as modified by section 28A of that
Act, including the interest accrued on the loan and any penalties or charges incurred in
connection with it;
“loan for living costs” means a loan described in regulation 36(1);
“loan for maintenance” has the meaning given by regulation 36(2);
“module” has the meaning given by regulation 4(3);
(a) S.I. 1972/1265 (N.I. 14). Article 44 was amended by section 1 of the Health and Social Care (Reform) Act (Northern
Ireland) 2009 (c. 1 (N.I.)).
(b) 1971 c. 77.
(c) Copies of the Frameworks are available here: https://www.qaa.ac.uk/the-quality-code/qualifications-frameworks or from
(cid:0) (cid:0)
the Quality Assurance Agency for Higher Education, Southgate House, Southgate Street, Gloucester GL1 1UB.
(d) Copies of the Handbook are available at: https://www.gov.uk/guidance/ofqual-handbook or from Ofqual, Earlsdon Park,
(cid:0) (cid:0)
53 to 55 Butts Road, Coventry CV1 3BH.
76“module designation event” has the meaning given by regulation 5(9);
“non-income assessed healthcare bursary” means a healthcare bursary the amount of which
is not calculated by reference to income;
“normal taught study” means learning at the home institution as part of a course, which
includes lectures, coursework, laboratory work, seminars, and independent reading or study,
assessment and revision;
“Northern Irish designated course” means a Schedule 4 course which is substantially
provided in Northern Ireland and is designated under—
(a) regulation 6(9) of the Education (Student Support) (No. 2) Regulations (Northern
Ireland) 2009(a) for the purposes of regulation 5 of those Regulations and Article
3 of the Education (Student Support) (Northern Ireland) Order 1998(b), or
(b) regulation 124(7) of the Education (Student Support) (No. 2) Regulations (Northern
Ireland) 2009 for the purposes of regulation 122 of those Regulations and Article
3 of the Education (Student Support) (Northern Ireland) Order 1998;
“notional learning hours” means the volume of study for a course or part of a course
measured in hours, and provides an indication of the approximate learning time for a
student;
“Ofqual” means the Office of Qualifications and Examinations Regulation, as established
by section 127(1) of the Apprenticeships, Skills, Children and Learning Act 2009(c);
“OfS” means the Office for Students, as established by section 1(1) of the 2017 Act;
“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 by regulation 13;
“person granted Calais leave” means a person who—
(a) has extant leave to remain in the United Kingdom under paragraph 352J, 352K,
352L or 352T (Calais leave and “leave in line” granted by virtue of being a
dependent child of a person granted Calais leave) of the immigration rules, and
(b) has been ordinarily resident in the United Kingdom and Islands since the person
was granted such leave to remain;
“person granted humanitarian protection” means a person—
(a) who, on the grounds of humanitarian protection, has been granted leave to remain
under the immigration rules,
(b) whose leave to remain is extant, or in respect of whose leave to remain an appeal
is pending (within section 104 of the Nationality, Immigration and Asylum Act
2002(d)), and
(c) who has been ordinarily resident in the United Kingdom and Islands throughout
the period since the person was granted such leave to remain;
(a) S.R. 2009 No. 373.
(b) S.I. 1998/1760 (N.I. 14).
(c) 2009 c. 22.
(d) 2002 c. 41. Section 104 was amended by Schedule 4 to the Asylum and Immigration (Treatment of Claimants, etc.) Act
2004 (c. 19) and paragraph 47 of Schedule 9 to the Immigration Act 2014 (c. 22), and by S.I. 2010/21.
77“person granted indefinite leave to enter or remain as a bereaved partner” means a person—
(a) granted indefinite leave to enter or remain in the United Kingdom—
(i) under paragraph BP 11.1 of Appendix Bereaved Partner of the immigration
rules,
(ii) where such leave was granted before the coming into force of Appendix
Bereaved Partner under any of the following provisions of the immigration
rules—
(aa) paragraph 288, as a person in relation to whom the requirements
in paragraph 287(b) of those rules were met (bereaved partners),
(bb) paragraph 295N, as a person in relation to whom the requirements
in paragraph 295M of those rules were met (bereaved partners),
(cc) paragraph D-BPILR.1.1 of Appendix FM (bereaved partners), or
(dd) paragraph 36 of Appendix Armed Forces (bereaved partner of a
member of HM Forces),
(iii) under paragraph AF (GHK) 14.1 of Appendix GHK of the immigration rules,
as a bereaved partner, or
(iv) where such leave was granted prior to 5th October 2023, outside the
immigration rules, on the basis that the person was a bereaved partner of a
Gurkha discharged before 1st July 1997, and
(b) who has been ordinarily resident in the United Kingdom and Islands since the
person was granted such leave;
“person granted indefinite leave to enter or remain as a victim of domestic violence or
domestic abuse” means a person—
(a) granted indefinite leave to enter or remain in the United Kingdom under any of
the following provisions of the immigration rules (provisions regarding victims
of domestic violence or abuse)—
(i) paragraph VDA 9.1 of Appendix Victim of Domestic Abuse, or
(ii) where such leave was granted before the coming into force of Appendix
Victim of Domestic Abuse, paragraph 289B (victims of domestic violence),
paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse) or
paragraph 40 of Appendix Armed Forces (victims of domestic violence:
partners of members of the armed forces), and
(b) who has been ordinarily resident in the United Kingdom and Islands since the
person was granted such leave;
“person granted leave under one of the Afghan Schemes” means a person granted leave
under the Afghan Citizens Resettlement Scheme or a person granted leave under the Afghan
Relocations and Assistance Policy Scheme;
“person granted leave under one of the Ukraine Schemes” means a person granted leave
under the Homes for Ukraine Sponsorship Scheme, a person granted leave under the Ukraine
Extension Scheme, a person granted leave under the Ukraine Permission Extension Scheme
or a person granted leave under the Ukraine Family Scheme;
“person granted leave under the Afghan Citizens Resettlement Scheme” means a person—
(a) who has indefinite leave to enter or remain in the United Kingdom, outside the
immigration rules, on the basis of the Afghan Citizens Resettlement Scheme, and
78(b) who has been ordinarily resident in the United Kingdom and Islands throughout
the period since the person was granted such leave;
“person granted leave under the Afghan Relocations and Assistance Policy Scheme” means
a person—
(a) who has—
(i) indefinite leave to enter the United Kingdom under paragraph 276BA2 of
the immigration rules or indefinite leave to remain under paragraph 276BS2
of the immigration rules, having been relocated to the United Kingdom
pursuant to paragraph 276BB1(iii)(a) of the immigration rules,
(ii) indefinite leave to enter the United Kingdom under paragraph ARAP 6.1 of
Appendix Afghan Relocation and Assistance Policy of the immigration rules
or indefinite leave to remain in the United Kingdom under paragraph ARAP
6.2 of that Appendix of those rules,
(iii) leave to enter the United Kingdom on the basis of the Afghan Relocations
and Assistance Policy Scheme, or
(iv) indefinite leave to enter or remain in the United Kingdom, outside those
rules, on the basis of the Afghan Relocations and Assistance Policy Scheme,
and
(b) who has been ordinarily resident in the United Kingdom and Islands throughout
the period since the person was granted such leave;
“person granted leave under the Homes for Ukraine Sponsorship Scheme” means a person—
(a) who has leave to enter or remain in the United Kingdom—
(i) under paragraph UKR 19.1 of Appendix Ukraine Scheme of the immigration
rules, or
(ii) outside the immigration rules, where the person—
(aa) was residing in Ukraine immediately before 1st January 2022, and
(bb) left Ukraine in connection with the Russian invasion which took
place on 24th February 2022, and
(b) who has been ordinarily resident in the United Kingdom and Islands throughout
the period since the person was granted such leave;
“person granted leave under the Ukraine Extension Scheme” means a person—
(a) who has leave to remain in the United Kingdom under paragraph UKR 27.1 of
Appendix Ukraine Scheme of the immigration rules, as it had effect on the day
on which such leave was granted, and
(b) who has been ordinarily resident in the United Kingdom and Islands throughout
the period since the person was granted such leave;
“person granted leave under the Ukraine Family Scheme” means a person—
(a) who has leave to enter or remain in the United Kingdom—
(i) under paragraph UKR 9.1 of Appendix Ukraine Scheme of the immigration
rules, as it had effect on the day on which such leave was granted, or
(ii) outside the immigration rules, where the person—
(aa) was residing in Ukraine immediately before 1st January 2022, and
(bb) left Ukraine in connection with the Russian invasion which took
place on 24th February 2022, and
79(b) who has been ordinarily resident in the United Kingdom and Islands throughout
the period since the person was granted such leave;
“person granted leave under the Ukraine Permission Extension Scheme” means a person—
(a) who has leave to remain in the United Kingdom under paragraph UKR 36.1 of
Appendix Ukraine Scheme of the immigration rules, and
(b) who has been ordinarily resident in the United Kingdom and Islands throughout
the period since the person was granted such leave;
“person granted section 67 leave” means a person who—
(a) has extant leave to remain as a person granted leave under paragraph 352ZG of
the immigration rules, having been relocated to the United Kingdom pursuant to
arrangements made by the Secretary of State under section 67 of the Immigration
Act 2016(a), or a dependent child of such a person who has been granted “leave
in line” under paragraph 352ZO of those rules, and
(b) has been ordinarily resident in the United Kingdom and Islands throughout the
period since the person was granted such leave;
“person granted stateless leave” means a person who—
(a) has extant leave to remain as a stateless person under the immigration rules, and
(b) has been ordinarily resident in the United Kingdom and Islands throughout the
period since the person was granted such leave;
“person with protected rights” means—
(a) a person within the personal scope of the citizens’ rights provisions who—
(i) has leave to enter or remain in the United Kingdom granted by virtue of
residence scheme immigration rules,
(ii) is an Irish citizen who, pursuant to section 3ZA of the Immigration Act
1971(b), does not require leave to enter or remain in the United Kingdom,
(iii) is an applicant for the purposes of regulation 4 of the 2020 Citizens’ Rights
Regulations where the relevant period has not expired, or
(iv) otherwise has rights deemed to apply by virtue of any citizens’ rights
provisions; or
(b) a family member of a relevant person of Northern Ireland for the purposes of
residence scheme immigration rules, where that family member has leave to enter
or remain in the United Kingdom granted by virtue of residence scheme
immigration rules;
“postgraduate pre-registration course” means an education and training programme leading
to a graduate master’s degree or a postgraduate diploma which is a condition of inclusion
in the register (or, as the case may be, the relevant part or parts of the register) maintained
by—
(a) the Health and Care Professions Council, for allied health profession subjects
other than dental profession subjects, or
(b) the Nursing and Midwifery Council, for midwifery or nursing;
“prescribed childcare charges” has the meaning given by regulation 76(11);
(a) 2016 c. 19.
(b) Section 3ZA was inserted by section 2(2) of the Immigration and Social Security Co-ordination (EU Withdrawal) Act
2020 (c. 20).
80“prisoner” includes a person detained in a young offender institution;
“private institution” means an institution which is not publicly funded;
“protected category event” has the meaning given by regulation 5(4);
“public funds” means money provided by Parliament or by a government authority outside
of the United Kingdom;
“publicly funded”, unless otherwise indicated, means maintained or assisted by recurrent
grants out of public funds and related expressions are to be construed accordingly;
“qualified teacher” has the meaning given by section 132(1) of the Education Act 2002(a)
but does not include a person who—
(a) is a qualified teacher by virtue of paragraph 13B of Schedule 2 to the Education
(School Teachers’ Qualifications) (England) Regulations 2003(b), and
(b) has not been assessed by an institution accredited under regulation 11 of those
Regulations as meeting the specified standards (within the meaning of paragraph
1 of Schedule 2 to those Regulations);
“recognised initial further education teacher training course” means a course that is included
in the list referred to in regulation 6(1);
“refugee” means a person who is recognised by His 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;
“register”, except where the context indicates otherwise, means the register established and
maintained by the OfS under section 3 of the 2017 Act;
“registered provider” means an English higher education provider which is registered in
the register and “unregistered provider” is to be construed accordingly;
“regulated institution” means an institution that has a fee and access plan in force approved
by the Commission for Tertiary Education and Research under section 7 of the Higher
Education (Wales) Act 2015(c) and “non-regulated institution” is to be construed
accordingly;
“relevant person of Northern Ireland” has the meaning given by residence scheme
immigration rules;
“repeat study”, in relation to a student, means a period of learning, which may relate to
any activity within the course—
(a) that the provider requires the student to undertake in order to progress within the
course,
(b) that serves the purpose of making up for elements of the course that the student
has not completed or has not completed in a satisfactory way, and
(c) that the provider considers to be suitable, given the standards and expectations
of the course;
(a) 2002 c. 32.
(b) S.I. 2003/1662. Relevant amending instruments are S.I. 2012/431, 2014/2697, 2020/476 and 2023/1286.
(c) 2015 anaw 1. The Commission for Tertiary Education and Research was established by section 1 of the Tertiary Education
and Research (Wales) Act 2022 (2022 asc 1).
81“residence scheme immigration rules” has the meaning given by section 17(1) of the
European Union (Withdrawal Agreement) Act 2020(a);
“Schedule 4 course” means a course referred to in Schedule 4;
“Scottish designated course” means a Schedule 4 course which is substantially provided
in Scotland and is determined as designated under regulation 13(4) of the Student Support
(Scotland) Regulations 2022 for the purposes of regulation 11(2) of those Regulations;
“Scottish healthcare allowance” means any allowance (including a young students’ bursary
or an independent students’ bursary) under sections 73(f) and 74(1) of the Education
(Scotland) Act 1980(b) 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;
“service year” means a period of 12 months, beginning with 1st August and ending with
the following 31st July;
“settled status event” has the meaning given by regulation 5(5);
“special period” has the meaning given by regulation 27(3);
“special support loan” has the meaning given by regulation 36(3);
“statutory award” means any award bestowed, grant paid or other support provided by
virtue of the 1998 Act or the Education Act 1962(c), or any comparable award, grant or
other support in respect of undertaking a course which is paid out of public funds;
“supplementary grant” means a grant described in regulation 57;
“support”, except where the context indicates otherwise, 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 as modified by section 28A of that
Act;
“Swiss citizens’ rights agreement” has the meaning given by section 39(1) of the European
Union (Withdrawal Agreement) Act 2020;
“term week”, in relation to an eligible student undertaking a designated course, means a
week of the course year during which the student is expected, on any day of that week,
to be actively engaged in the course content through learning, self-guided study, or
assessment;
“unpaid service” means—
(a) unpaid service in a hospital or in a public health service laboratory or with an
integrated care board in the United Kingdom,
(b) unpaid service with a local authority in the United Kingdom acting in the exercise
of its functions relating to the care of children and young persons, health or
welfare or with a voluntary organisation providing facilities or carrying out
activities of a like nature in the United Kingdom,
(a) 2020 c. 1.
(b) 1980 c. 44. Section 73(f) was amended by section 29(1) of the Teaching and Higher Education Act 1998 and section
3(2) of the Education (Graduate Endowment and Student Support) (Scotland) Act 2001 (2001 asp 6). Section 74(1) was
amended by section 8(17) of the Self-Governing Schools etc. (Scotland) Act 1989 (c. 39).
(c) 1962 c. 12.
82(c) unpaid service with a local authority (within the meaning of section 2B of the
National Health Service Act 2006(a)) acting in the exercise of public health
functions (within the meaning of that Act),
(d) unpaid service in the prison or probation and aftercare service in the United
Kingdom,
(e) unpaid research in an institution in the United Kingdom or, in the case of a student
attending an overseas institution as part of the student’s course, in an overseas
institution,
(f) unpaid service with—
(i) a Special Health Authority established pursuant to section 28 of the National
Health Service Act 2006(b),
(ii) NHS England,
(iii) the National Institute for Health and Care Excellence,
(iv) a Local Health Board established pursuant to section 11 of the National
Health Service (Wales) Act 2006(c) or a Special Health Authority established
pursuant to section 22 of that Act(d),
(v) a Health Board or a Special Health Board constituted under section 2 of the
National Health Service (Scotland) Act 1978(e),
(vi) the Department of Health in Northern Ireland;
(vii) the Regional Agency for Public Health and Social Well-being established
by section 12 of the Health and Social Care (Reform) Act (Northern Ireland)
2009(f), or
(viii) a Health and Social Care trust established under Article 10 of the Health
and Personal Social Services (Northern Ireland) Order 1991(g), or
(g) unpaid service with either House of Parliament;
“week” means a period of 7 days beginning with a Monday;
“Welsh designated course” means a Schedule 4 course which is substantially provided in
Wales and is—
(a) designated under regulation 5(8) of the Education (Student Support) (Wales)
Regulations 2017 for the purposes of regulation 4(1) of those Regulations and
section 22 of the 1998 Act,
(b) designated under regulation 83(6) of the Education (Student Support) (Wales)
Regulations 2017 for the purposes of regulation 81(1) of those Regulations and
section 22 of the 1998 Act, or
(c) specified to be treated as a designated course under regulation 8(1) of the
Education (Student Support) (Wales) Regulations 2018, for the purposes of those
Regulations;
“work experience” means—
(a) 2006 c. 41. Section 2B was inserted by section 12 of the Health and Social Care Act 2012.
(b) To which there is an amendment not relevant to these Regulations.
(c) 2006 c. 42.
(d) There are amendments to section 22 which are not relevant to these Regulations.
(e) 1978 c. 29. There are amendments to section 2 which are not relevant to these Regulations.
(f) 2009 c. 1 (N.I.).
(g) S.I. 1991/194 (N.I. 1). Relevant amendments were made by paragraph 1(1)(a), (c) and (d) of Schedule 6 to the Health
and Social Care (Reform) Act (Northern Ireland) 2009, and by paragraph 141 of Schedule 1 to the Health and Social
Care Act (Northern Ireland) 2022 (c. 3).
83(a) periods of industrial, professional or commercial experience associated with
full-time study at an institution, but at a place outside that institution;
(b) periods during which a student is employed and residing in a country whose
language is one that the student is studying for that student’s course (provided
that the period of residence in that country is a requirement of that student’s
course and the study of one or more modern languages accounts for not less than
half of the total time spent studying on the course).
2.—(1) In paragraph 4 and in regulation 23(13)(a)(i) and in Schedule 4, “course for the initial
training of teachers” means any of the following courses, except if the course takes the form of
an employment-based teacher training scheme—
(a) a course of initial teacher training undertaken in England and leading to qualified teacher
status in England;
(b) a course of initial teacher training undertaken in Wales and accredited as initial teacher
training by the Education Workforce Council;
(c) a course of initial teacher training undertaken in Scotland and accredited as initial teacher
training by the General Teaching Council for Scotland;
(d) a course of initial teacher training undertaken in Northern Ireland and accredited as
initial teacher training by the General Teaching Council for Northern Ireland;
(e) a recognised initial further education teacher training course undertaken in England;
(f) a course for the initial training of teachers in further education which is undertaken in
Wales and leads to a qualification the standard of which is at least equivalent to a
Diploma in Higher Education;
(g) a course for the Teaching Qualification in Further Education which is undertaken in
Scotland;
(h) a course for the initial training of teachers in further education undertaken in Northern
Ireland which leads to a qualification which is approved by the Department for the
Economy as a qualification which entitles a person to work as a full-time associate or
essential skills lecturer in a further education college in Northern Ireland.
(2) For the purposes of sub-paragraph (1), a course mentioned in sub-paragraph (a), (b), (c),
(d), (f), (g) or (h) of that paragraph includes a course leading to a first degree.
(3) For the purposes of paragraph 1—
(a) citizens’ rights provisions are deemed to apply in certain circumstances by the following
provisions regarding issuance of residence documents—
(i) Article 18(2) and (3) of the EU withdrawal agreement,
(ii) Article 17(2) and (3) of the EEA EFTA separation agreement (as defined in section
39(1) of the European Union (Withdrawal Agreement) Act 2020), or
(iii) Article 16(2) and (3) of the Swiss citizens’ rights agreement;
(b) a person is within the personal scope of the citizens’ rights provisions if that person
falls within any of the following provisions regarding personal scope—
(i) Article 10 of the EU withdrawal agreement,
(ii) Article 9 of the EEA EFTA separation agreement, or
(iii) Article 10 of the Swiss citizens’ rights agreement;
(c) “substantially provided” means—
(i) in relation to Northern Ireland, at least half of the teaching and supervision which
comprise the course is provided in Northern Ireland;
84(ii) in relation to Scotland, at least half of the teaching and supervision which comprise
the course is provided in Scotland;
(iii) in relation to Wales, at least half of the teaching and supervision which comprise
the course is provided in Wales.
PART 2
Definitions relating to foundation years
3.—(1) In these Regulations, a “foundation year” is a period of study of 120 credits (or 1,200
notional learning hours), whether in a single course year or otherwise—
(a) that is integrated with an undergraduate course at the start of that course, and may be
enrolled for at the same time as enrolling for that undergraduate course,
(b) that is designed to equip students with the skills and knowledge that are needed for
progressing to an undergraduate course,
(c) that a student must complete successfully in order to progress to the first year of an
undergraduate course,
(d) that may result in the student being awarded a qualification that is separate from the
qualification awarded as a result of completing the undergraduate course to which the
student progresses, and
(e) that may, where contractual arrangements are in place, be undertaken at an institution
(which may or may not be a registered higher education provider) that is different from
the provider to which the student applied and with which the student has enrolled for
the undergraduate course.
(2) In these Regulations, in relation to foundation years, “CAH3 code” means a Common
Aggregated Hierarchy 3 code associated with a subject, as referred to in version 1.3.4 of the
Higher Education Classification of Subjects coding system(a).
(3) In a foundation year—
(a) “lower fee foundation year study” is study for a foundation year where more than 50%
of the CAH3 codes associated with the foundation year (for student loan purposes) are
listed in the table in paragraph (4);
(b) “higher fee foundation year study” is study for a foundation year where 50% or less of
the CAH3 codes associated with the foundation year (for student loan purposes) are
listed in the table in paragraph (4).
(4) The table below lists certain subjects together with their respective CAH3 codes, for the
purpose of determining the fee for a foundation year.
CAH3 version 1.3.4 subject name CAH3 version 1.3.4 subject code
rural estate management 06-01-04
social sciences (non-specific) 15-01-01
sociology 15-01-02
social policy 15-01-03
(a) Version 1.3.4 of the Higher Education Classification of Subjects coding system was published digitally on 28th October
2021. A full list of Common Aggregated Hierarchy 3 codes, and the subjects they are associated with, is available at h
ttps://.hesa.ac.uk/collection/coding-manual-tools/hecoscahdata/cah. A printed copy can be obtained on request from the
(cid:0)
Department for Education, Sanctuary Buildings, Great Smith Street, London SW1P.
85CAH3 version 1.3.4 subject name CAH3 version 1.3.4 subject code
anthropology (excluding forensic anthropology) 15-01-04
development studies 15-01-05
cultural studies 15-01-06
economics 15-02-01
politics 15-03-01
social work 15-04-01
childhood and youth studies 15-04-02
law 16-01-01
business and management (non-specific) 17-01-01
business studies 17-01-02
marketing 17-01-03
management studies 17-01-04
human resource management 17-01-05
finance 17-01-07
accounting 17-01-08
others in business and management 17-01-09
English studies (non-specific) 19-01-01
English language 19-01-02
literature in English 19-01-03
studies of specific authors 19-01-04
creative writing 19-01-05
others in English studies 19-01-06
linguistics 19-01-07
Celtic studies (non-specific) 19-02-01
Gaelic studies 19-02-02
Welsh studies 19-02-03
others in Celtic studies 19-02-04
American and Australasian studies 19-04-08
history 20-01-01
history of art, architecture and design 20-01-02
heritage studies 20-01-04
classics 20-01-05
philosophy 20-02-01
theology and religious studies 20-02-02
86CAH3 version 1.3.4 subject name CAH3 version 1.3.4 subject code
education 22-01-01
teacher training 22-01-02
combined, general or negotiated studies 23-01-01
personal development 23-01-02
humanities (non-specific) 23-01-03
liberal arts (non-specific) 23-01-04
publicity studies 24-01-02
PART 3
Definitions relating to sandwich placements, study abroad and Turing mobility
4. In these Regulations, “sandwich placement”—
(a) in relation to England, is one or more periods amounting to at least 13 weeks within a
course year—
(i) which the student spends away from the home institution on work experience
placements, either in the United Kingdom, or abroad otherwise than as part of
Turing mobility,
(ii) which do not contribute towards a mandatory minimum amount of work placement
that is required by a regulatory body, as at 1st August preceding the start of the
course year,
(iii) which are not from a course for the initial training of teachers,
(iv) which alternate with periods of study at the home institution (which may be in
different course years from the time spent away from the home institution), and
(v) which are organised or facilitated by the home institution;
(b) in relation to Wales, Scotland and Northern Ireland—
(i) is a course year during which the aggregate of any periods of full-time study at
the institution is less than 10 weeks, or in respect of which the aggregate of any
periods of attendance in relation to the course year and any previous course years
of the course which were not full-time study at the home institution (disregarding
any intervening vacations) exceeds 30 weeks, and
(ii) is not from a course for the initial training of teachers or a Turing mobility.
5. In these Regulations, “study abroad”—
(a) in relation to England, is one or more periods amounting to at least 13 weeks within a
full-time course year—
(i) which are spent studying abroad (meaning other than in the United Kingdom or
the Islands) otherwise than as part of Turing mobility,
(ii) which are undertaken in conjunction with a provider other than a provider in the
United Kingdom or the Islands,
(iii) which may comprise or include taught study,
(iv) which do not include a work placement, and
(v) which excludes study abroad—
87(aa) that occurs in a course year containing at least 10 weeks of study at the
home institution, and
(bb) that does not extend the overall duration of the course beyond its full-time
equivalent, which must not exceed three years (except in the case of
courses in medicine, dentistry and veterinary studies, which may be of
any duration);
(b) in relation to Wales, Scotland and Northern Ireland, is a course year of a full-time
designated course provided in conjunction with an overseas institution that is not a
Turing mobility—
(i) in which the periods of taught study undertaken at the UK provider (meaning a
provider located within the United Kingdom) during the course year were in
aggregate less than 10 weeks, or
(ii) in which the aggregate periods of attendance in relation to the course year
undertaken and any previous course years undertaken as part of the course, which
were not periods of taught study at the UK provider (disregarding any intervening
vacations), exceeded 30 weeks.
6. In these Regulations (unless otherwise specified), “Turing mobility”—
(a) in relation to a course provided by an institution in England, is one or more periods
amounting to at least 13 weeks within a full-time course year—
(i) which are spent either studying or on work experience outside the United Kingdom,
as part of the scheme established by the Secretary of State and known as “the
Turing Scheme” (being a government programme in the United Kingdom that
provides funding for international opportunities in education and training across
the world), and
(ii) which exclude study abroad that occurs in a course year containing at least 10
weeks of study at the home institution, and that does not extend the overall duration
of the course beyond its full-time equivalent, which must not exceed three years
(except in the case of courses in medicine, dentistry and veterinary studies, which
may be of any duration);
(b) in relation to a course provided by an institution in Wales or Scotland, is a course year
where—
(i) at least one period of study or work placement during the course year is attended
at an institution or workplace outside the United Kingdom as part of the Turing
Scheme, or in relation to a course provided by an institution in Wales, as part of
the scheme established by the Welsh Ministers known as the International Learning
Exchange Programme, and
(ii) either—
(aa) the aggregate of any one or more periods of full-time study at the
institution in the United Kingdom is less than 10 weeks, or
(bb) the aggregate of any periods of attendance in relation to the course year
and any previous course years of the course which were not periods of
full-time study at the institution in the United Kingdom (disregarding any
intervening vacations) exceeds 30 weeks;
(c) in relation to a course provided by an institution in Northern Ireland, is a course year
where all the periods of study or work placement during the course year are attended
at an institution or workplace outside the United Kingdom as part of the Turing Scheme.
88SCHEDULE 2 Regulations 5(3), (5) and (8) and
7(2)
Eligible students
PART 1
Interpretation
1.—(1) For the purposes of this Schedule—
“EEA frontier self-employed person” means an EEA national who—
(a) is a self-employed person in England, and
(b) resides in Switzerland or the territory of an EEA State and returns to the national’s
residence in Switzerland or that EEA State, as the case may be, daily or at least
once a week;
“EEA frontier worker” means an EEA national who—
(a) is a worker in England, and
(b) resides in Switzerland or the territory of an EEA State and returns to the national’s
residence in Switzerland or that EEA State, as the case may be, daily or at least
once a week;
“EEA migrant worker” means an EEA national who is a worker, other than an EEA frontier
worker, in the United Kingdom;
“EEA national” means a national of an EEA State;
“EEA self-employed person” means an EEA national who is a self-employed person, other
than an EEA frontier self-employed person, in the United Kingdom;
“employed person” means an employed person within the meaning of Annex 1 to the Swiss
Agreement;
“EU overseas territory” means any of the following: Faroe Islands; French Polynesia;
French Southern and Antarctic Territories; Mayotte; Greenland; the Caribbean part of the
Kingdom of the Netherlands (Aruba, Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten);
St Barthélemy; St Pierre et Miquelon; the Territory of New Caledonia and Dependencies;
and Wallis and Futuna;
“European Economic Area” means the area comprised by the EEA States
“evacuated or assisted British national from Afghanistan” means a person—
(a) who is a British citizen, a British overseas territories citizen, a British National
(Overseas), a British Overseas citizen, a British subject under the British
Nationality Act 1981(a) or a British protected person within the meaning of that
Act,
(b) who was either—
(i) evacuated from Afghanistan by or on behalf of the United Kingdom, a North
Atlantic Treaty Organisation member state, Pakistan, Uzbekistan, Tajikistan,
(a) 1981 c. 61.
89Iran or Qatar during the period of the operation known as Operation Pitting,
which began on 14th August 2021 and ended on 28th August 2021, or
(ii) assisted by or on behalf of the United Kingdom, after 28th August 2021 and
before 6th January 2022, to leave Afghanistan, and
(c) who has been ordinarily resident in the United Kingdom and Islands since they
were evacuated from or otherwise left Afghanistan;
“family member”, unless otherwise indicated, means—
(a) in relation to an EEA frontier worker, an EEA migrant worker, an EEA frontier
self-employed person, an EEA self-employed person, or a relevant person of
Northern Ireland who is treated as an EEA migrant worker or an EEA
self-employed person by virtue of paragraph 12(3)—
(i) that person’s spouse or civil partner,
(ii) direct descendants of the person or of the person’s spouse or civil partner
who are—
(aa) under the age of 21, or
(bb) dependants of the person or the person’s spouse or civil partner,
or
(iii) dependent direct relatives in the ascending line of that person or that of the
person’s spouse or civil partner;
(b) in relation to a Swiss employed person, a Swiss frontier employed person, a Swiss
frontier self-employed person or a Swiss self-employed person—
(i) that person’s spouse or civil partner, or
(ii) that person’s child or the child of that person’s spouse or civil partner;
(c) in relation to an EU national who falls within Article 7(1)(b) of Directive 2004/38
or, for the purposes of paragraph 15, in relation to a relevant person of Northern
Ireland who would fall within Article 7(1)(b) of Directive 2004/38 if that person
were an EU national or solely an EU national—
(i) that person’s spouse or civil partner;
(ii) direct descendants of the person or of the person’s spouse or civil partner
who are—
(aa) under the age of 21, or
(bb) dependants of the person or the person’s spouse or civil partner;
or
(cc) dependent direct relatives in the person’s ascending line or that of
the person’s spouse or civil partner;
(d) in relation to an EU national who falls within Article 7(1)(c) of Directive 2004/38
or, for the purposes of paragraph 15, in relation to a relevant person of Northern
Ireland who would fall within Article 7(1)(c) of Directive 2004/38 if that person
were an EU national or solely an EU national—
(i) that person’s spouse or civil partner, or
(ii) direct descendants of the person or of the person’s spouse or civil partner
who are—
(aa) under the age of 21, or
(bb) dependants of the person or the person’s spouse or civil partner;
90(e) in relation to a United Kingdom national, for the purposes of paragraphs 16, 20
or, for the purposes of paragraph 19, in relation to a person settled in the United
Kingdom—
(i) the person’s spouse or civil partner; or
(ii) direct descendants of the person or the person’s spouse or civil partner who
are—
(aa) under the age of 21, or
(bb) dependants of the person or the person’s spouse or civil partner;
“overseas territories” means Anguilla; Bermuda; British Antarctic Territory; British Indian
Ocean Territory; British Virgin Islands; the Caribbean part of the Kingdom of the
Netherlands (Aruba, Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten); Cayman Islands;
Falkland Islands; Faroe Islands; French Polynesia; French Southern and Antarctic Territories;
Gibraltar; Mayotte; Greenland; Montserrat; Pitcairn, Henderson, Ducie and Oeno Islands;
South Georgia and the South Sandwich Islands; St Barthélemy; St Helena, Ascension and
Tristan da Cunha; St Pierre et Miquelon; the Territory of New Caledonia and Dependencies;
Turks and Caicos Islands; and Wallis and Futuna;
“parent” means a parent, guardian or any other person having parental responsibility for a
child, and “child” is to be construed accordingly;
“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, or
(b) in relation to a Swiss national, a person who is a self-employed person within
the meaning of Annex 1 to the Swiss Agreement;
“settled” has the meaning given by section 33(2A) of the Immigration Act 1971;
“specified British overseas territories” means Anguilla; Bermuda; British Antarctic Territory;
British Indian Ocean Territory; British Virgin Islands; Cayman Islands; Falkland Islands;
Gibraltar; Montserrat; Pitcairn, Henderson, Ducie and Oeno Islands; South Georgia and
the South Sandwich Islands; St Helena, Ascension and Tristan da Cunha; and Turks and
Caicos Islands;
“Swiss Agreement” means the Agreement between the EU 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, and
(b) resides in Switzerland or in the territory of an EEA State and returns to the
national’s residence in Switzerland or that EEA State, as the case may be, daily
or at least once a week;
“Swiss frontier self-employed person” means a Swiss national who—
(a) is a self-employed person in England, and
(b) resides in Switzerland or in the territory of an EEA State and returns to the
national’s residence in Switzerland or that EEA State, as the case may be, daily
or at least once a week;
91“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;
“Turkish worker” means a Turkish national who—
(a) is ordinarily resident in the United Kingdom and Islands, and
(b) is, or has been, lawfully employed in the United Kingdom;
“United Kingdom national” has the meaning given by Article 2(d) of the EU withdrawal
agreement;
“worker” means a worker within the meaning of Article 7 of Directive 2004/38 or the EEA
Agreement as the case may be.
(2) For the purposes of this Schedule, a reference to a “Member State” or “State” in Article 7
of Directive 2004/38 is to be read as including the United Kingdom.
(3) For the purposes of this Schedule—
(a) a person is not to be treated as ordinarily resident in a place unless that person lawfully
resides in that place (but see also regulation 5(7) and (8));
(b) a person who is ordinarily resident in England, Wales, Scotland, Northern Ireland or
the Islands, as a result of having moved from another of those areas for the purpose of
undertaking—
(i) the current course, or
(ii) a course which, disregarding any intervening vacations, the person undertook
immediately before undertaking the current course,
is to be considered to be ordinarily resident in the place from which the person moved;
(c) a person (“A”) is to be treated as ordinarily resident in an area if A would have been
so resident but for the fact that—
(i) A,
(ii) A’s spouse or civil partner,
(iii) A’s parent, or
(iv) in the case of a dependent direct relative in the ascending line, A’s child or child’s
spouse or civil partner,
is or was temporarily employed outside the area in question.
(4) For the purposes of sub-paragraph (3)(c), temporary employment outside the area in question
includes—
(a) in the case of members of the regular naval, military or air forces of the Crown, any
period which they serve outside the United Kingdom as members of such forces;
(b) in the case of members of the regular armed forces of a specified British overseas
territory, any period which they serve outside the territory comprising the United Kingdom
and the specified British overseas territories as members of such forces;
(c) in the case of members of the regular armed forces of the Republic of Ireland, any
period which they serve outside the territory comprising the United Kingdom, the Islands
and the Republic of Ireland as members of such forces;
(d) in the case of members of the regular armed forces of an EEA State or Switzerland,
any period which they serve outside the territory comprising the United Kingdom,
Gibraltar, the European Economic Area and Switzerland as members of such forces;
92(e) in the case of members of the regular armed forces of Turkey, any period which they
serve outside the territory comprising the United Kingdom, Gibraltar, the European
Economic Area, Switzerland and Turkey as members of such forces; and
(f) in the case of members of the regular armed forces of an EU overseas territory, any
period which they serve outside the territory comprising the United Kingdom, the
European Economic Area, Switzerland and the overseas territories.
(5) For the purposes of this Schedule, an area other than the United Kingdom or Gibraltar
which—
(a) was previously not part of the EU or the European Economic Area, but
(b) at any time before or after these Regulations come into force has become part of one
or other or both of these areas,
is to be considered to always have been a part of the European Economic Area.
(6) For the purposes of this Schedule, an eligible prisoner is to be considered ordinarily resident
in the part of the United Kingdom where the prisoner resided prior to sentencing.
PART 2
Categories
Persons who are settled in the United Kingdom
2.—(1) A person—
(a) who—
(i) is settled in the United Kingdom and does not fall within paragraph 4,
(ii) is ordinarily resident in England on the first day of the first course year of the
course, and
(iii) has been ordinarily resident in the United Kingdom and Islands throughout the
three-year period preceding the first day of the first course year of the course; and
(b) subject to sub-paragraph (2), whose residence in the United Kingdom and Islands has
not during any part of the period referred to in paragraph (a)(iii) been wholly or mainly
for the purpose of receiving a full-time education.
(2) Paragraph (b) of sub-paragraph (1) does not apply to a person who is treated as being
ordinarily resident in the United Kingdom and Islands in accordance with paragraph 1(3)(c).
3.—(1) A person—
(a) who is settled in the United Kingdom and does not fall within paragraph 4,
(b) who is attending or undertaking a course in England,
(c) who has been ordinarily resident in the territory comprising the United Kingdom, the
Islands and the Republic of Ireland throughout the three-year period preceding the first
day of the first course year and who has been ordinarily resident in the Republic of
Ireland for at least part of that period,
(d) subject to sub-paragraph (2), whose ordinary residence in the territory comprising the
United Kingdom, the Islands and the Republic of Ireland has not during any part of the
period referred to in paragraph (c) been wholly or mainly for the purpose of receiving
full-time education, and
93(e) who did not move to England from the Islands for the purpose of undertaking the current
course, or a course which, disregarding any intervening vacations, the person undertook
immediately before the current course.
(2) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being
ordinarily resident in the territory comprising the United Kingdom, the Islands and the Republic
of Ireland in accordance with paragraph 1(3)(c).
4.—(1) A person who—
(a) meets one of the following conditions—
(i) the person is within the personal scope of the citizens’ rights provisions and is
settled in the United Kingdom by virtue of the grant of indefinite leave to enter or
remain under residence scheme immigration rules;
(ii) the person—
(aa) is within the personal scope of the citizens’ rights provisions,
(bb) is an Irish citizen settled in the United Kingdom who, pursuant to section
3ZA of the Immigration Act 1971, does not require leave to enter or
remain in the United Kingdom, and
(cc) would meet the eligibility requirements for indefinite leave to enter or
remain in the United Kingdom granted by virtue of residence scheme
immigration rules if that person were to make an application for such
leave;
(iii) the person—
(aa) is within the personal scope of the citizens’ rights provisions,
(bb) is an applicant for the purposes of regulation 4 of the 2020 Citizens’
Rights Regulations or otherwise has rights deemed to apply by virtue of
any of the citizens’ rights provisions, and
(cc) has, or is treated as having, a right of permanent residence for the
purposes of the Immigration (European Economic Area) Regulations
2016(a), as those Regulations continue to have effect by virtue of the
2020 Citizens’ Rights Regulations in relation to that person during the
relevant period or otherwise has a deemed right of permanent residence
by virtue of any of the citizens’ rights provisions;
(iv) the person is a family member of a relevant person of Northern Ireland for the
purposes of residence scheme immigration rules, where that family member is
settled in the United Kingdom by virtue of the grant of indefinite leave to enter or
remain under residence scheme immigration rules,
(b) is ordinarily resident in England on the first day of the first course year,
(c) has been ordinarily resident in the United Kingdom and Islands throughout the three-year
period preceding the first day of the first course year, and
(d) in a case where the person’s ordinary residence referred to in paragraph (c) was wholly
or mainly for the purpose of receiving full-time education, was ordinarily resident
immediately before the period of ordinary residence referred to in paragraph (c) in the
territory comprising—
(i) the United Kingdom, Gibraltar, the European Economic Area and Switzerland, or
(a) S.I. 2016/1052.
94(ii) the overseas territories.
(2) For the purposes of sub-paragraph (1)(a)(ii)(cc), “eligibility requirements for indefinite leave
to enter or remain in the United Kingdom granted by virtue of residence scheme immigration
rules” means the eligibility requirements for such leave in accordance with paragraph EU11 of
Appendix EU to the immigration rules.
Refugees and their family members
5.—(1) A person who—
(a) is a refugee,
(b) is ordinarily resident in the United Kingdom and Islands and has not ceased to be so
resident since the person was recognised as a refugee, and
(c) is ordinarily resident in England on the course start date.
(2) A person who—
(a) is the spouse or civil partner of a refugee,
(b) was the spouse or civil partner of the refugee on the date on which the refugee made
the application for asylum,
(c) is ordinarily resident in the United Kingdom and Islands and has not ceased to be so
resident since being given leave to enter or remain in the United Kingdom, and
(d) is ordinarily resident in England on the course start date.
(3) A person who—
(a) is the child of a refugee or the child of the spouse or civil partner of a refugee;
(b) on the date on which the refugee made the application for asylum, was the child of the
refugee or the child of a person who was the spouse or civil partner of the refugee on
that date,
(c) was under the age of 18 on the date on which the refugee made the application for
asylum,
(d) is ordinarily resident in the United Kingdom and Islands and has not ceased to be so
resident since being given leave to enter or remain in the United Kingdom, and
(e) is ordinarily resident in England on the course start date.
Persons granted stateless leave and their family members
6.—(1) A person granted stateless leave, who is ordinarily resident in England on the course
start date.
(2) A person—
(a) who—
(i) is the spouse or civil partner of a person granted stateless leave, and
(ii) on the leave application date, was the spouse or civil partner of a person granted
stateless leave,
(b) who is ordinarily resident in the United Kingdom and Islands and has not ceased to be
so resident since being given leave to enter or remain in the United Kingdom, and
(c) who is ordinarily resident in England on the course start date.
(3) A person—
(a) who—
95(i) is the child of a person granted stateless leave or the child of the spouse or civil
partner of a person granted stateless leave, and
(ii) on the leave application date, was the child of a person granted stateless leave or
the child of a person who, on the leave application date, was the spouse or civil
partner of a person granted stateless leave,
(b) who was under the age of 18 on the leave application date,
(c) who is ordinarily resident in the United Kingdom and Islands and has not ceased to be
so resident since being given leave to enter or remain in the United Kingdom, and
(d) who is ordinarily resident in England on the course start date.
(4) In this paragraph, “leave application date” means the date on which a person granted stateless
leave made an application to remain in the United Kingdom as a stateless person under the
immigration rules.
Persons granted section 67 leave
7. A person granted section 67 leave, who is ordinarily resident in England on the course start
date.
Persons granted indefinite leave to enter or remain as a victim of domestic violence or
domestic abuse and their children
8.—(1) A person granted indefinite leave to enter or remain as a victim of domestic violence
or domestic abuse, who is ordinarily resident in England on the course start date.
(2) A person granted indefinite leave to enter or remain—
(a) who—
(i) is the child of a person granted indefinite leave to enter or remain as a victim of
domestic violence or domestic abuse, and
(ii) on the leave application date, was the child of the person granted indefinite leave
to enter or remain as a victim of domestic violence or domestic abuse,
(b) who was under the age of 18 on the leave application date,
(c) who has been ordinarily resident in the United Kingdom and Islands since the person
was granted such leave, and
(d) who is ordinarily resident in the England on the course start date.
(3) In this paragraph, “leave application date” means the date on which a person granted
indefinite leave to enter or remain as a victim of domestic violence or domestic abuse made an
application to remain in the United Kingdom on those grounds under the immigration rules.
Persons granted Calais leave
9. A person granted Calais leave, who is ordinarily resident in England on the course start date.
Persons granted indefinite leave to enter or remain as a bereaved partner and their children
10.—(1) A person granted indefinite leave to enter or remain as a bereaved partner, who is
ordinarily resident in England on the course start date.
(2) A person granted indefinite leave to enter or remain—
(a) who—
96(i) is the child of a person granted indefinite leave to enter or remain as a bereaved
partner, and
(ii) on the leave application date, was the child of the person granted indefinite leave
to enter or remain as a bereaved partner,
(b) who was under 18 years of age on the leave application date,
(c) who has been ordinarily resident in the United Kingdom and Islands since the person
was granted such leave, and
(d) who is ordinarily resident in England on the course start date.
(3) In this paragraph, “leave application date” means the date on which a person granted
indefinite leave to enter or remain as a bereaved partner made an application to enter or remain
in the United Kingdom on those grounds—
(a) under the immigration rules, or
(b) in the case of a person referred to in paragraph (a)(iv) of the definition of “person
granted indefinite leave to enter or remain as a bereaved partner” in paragraph 1 of Part
1 of Schedule 1, outside the immigration rules.
Persons granted humanitarian protection and their family members
11.—(1) A person granted humanitarian protection, who is ordinarily resident in England on
the course start date.
(2) A person who—
(a) is the spouse or civil partner of a person granted humanitarian protection,
(b) was the spouse or civil partner of the person granted humanitarian protection on the
date on which that person applied for asylum (“the asylum application date”),
(c) is ordinarily resident in the United Kingdom and Islands and has not ceased to be so
resident since being given leave to enter or remain in the United Kingdom, and
(d) is ordinarily resident in England on the course start date.
(3) A person who—
(a) is the child of a person granted humanitarian protection or the child of the spouse or
civil partner of a person granted humanitarian protection,
(b) on the asylum application date, was the child of that person or the child of a person
who was the spouse or civil partner of the person granted humanitarian protection on
that date,
(c) was under the age of 18 on the asylum application date,
(d) is ordinarily resident in the United Kingdom and Islands and has not ceased to be so
resident since being given leave to enter or remain in the United Kingdom, and
(e) is ordinarily resident in England on the course start date.
Workers, employed persons, self-employed persons and their family members
12.—(1) A person with protected rights, or a frontier worker within the meaning of regulation
3 of the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020(a), who—
(a) is—
(i) an EEA migrant worker or an EEA self-employed person,
(a) S.I. 2020/1213.
97(ii) a Swiss employed person or a Swiss self-employed person,
(iii) a family member of a person mentioned in sub-paragraph (i) or (ii),
(iv) an EEA frontier worker or an EEA frontier self-employed person,
(v) a Swiss frontier employed person or a Swiss frontier self-employed person, or
(vi) a family member of a person mentioned in sub-paragraph (iv) or (v),
(b) subject to sub-paragraph (2), is ordinarily resident in England on the first day of the
first course year of the course, and
(c) has been ordinarily resident throughout the three-year period preceding the first day of
the first course year of the course either—
(i) in the territory comprising the United Kingdom, Gibraltar, the European Economic
Area and Switzerland, or
(ii) in the territory comprising the United Kingdom, the European Economic Area,
Switzerland and the overseas territories, where at least part of that ordinary residence
was in the overseas territories.
(2) Paragraph (b) of sub-paragraph (1) does not apply where the person applying for support
falls within paragraph (a)(iv), (v) or (vi) of sub-paragraph (1).
(3) In this paragraph, a description of a person in sub-paragraph (1)(a)(i) is to be read as if it
includes a relevant person of Northern Ireland who would, if that person were an EEA national
or solely an EEA national, be an EEA migrant worker or an EEA self-employed person.
13.—(1) A person with protected rights who—
(a) is ordinarily resident in England on the first day of the first course year of the course,
(b) has been ordinarily resident throughout the three-year period preceding the first course
year of the course either—
(i) in the territory comprising the United Kingdom, Gibraltar, the European Economic
Area and Switzerland, or
(ii) in the territory comprising the United Kingdom, the European Economic Area,
Switzerland and the overseas territories where at least part of that ordinary residence
was in the overseas territories, and
(c) is entitled to support by virtue of Article 10 of Regulation (EU) No 492/2011 of the
European Parliament and of the Council of 5 April 2011 on freedom of movement for
workers within the Union (“the Workers Regulation”), as it had effect immediately
before IP completion day, as extended by the EEA Agreement, as it had effect
immediately before IP completion day.
(2) For the purposes of sub-paragraph (1)(c), in Article 10 of the Workers Regulation—
(a) the reference to a “national of a Member State” is to be read as including a relevant
person of Northern Ireland, and
(b) the reference to “another Member State” is to be read as including the United Kingdom,
and the references to “that State” construed accordingly.
Persons who are settled in the United Kingdom and have exercised a right of residence
elsewhere
14.—(1) A person who—
(a) is settled in the United Kingdom,
98(b) was ordinarily resident in England and settled in the United Kingdom immediately before
leaving the United Kingdom and who has exercised a right of residence before IP
completion day,
(c) was ordinarily resident immediately before IP completion day—
(i) in the territory comprising Gibraltar, the European Economic Area and Switzerland,
or
(ii) in the United Kingdom, where that ordinary residence began after 31st December
2017 immediately following a period of ordinary residence in the territory
comprising Gibraltar, the European Economic Area and Switzerland,
and has remained ordinarily resident in the territory comprising the United Kingdom,
Gibraltar, the European Economic Area and Switzerland throughout the period beginning
on IP completion day and ending immediately before the first day of the first course
year of the course,
(d) is ordinarily resident in the United Kingdom on the course start date,
(e) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar,
the European Economic Area and Switzerland throughout the three-year period preceding
the first day of the first course year of the course, and
(f) in a case where the person’s ordinary residence referred to in paragraph (e) was wholly
or mainly for the purposes of receiving full-time education, was ordinarily resident in
the territory comprising the United Kingdom, Gibraltar, the European Economic Area
and Switzerland immediately before the period of ordinary residence referred to in
paragraph (e).
(2) For the purposes of this paragraph, a person has exercised a right of residence—
(a) if the person is a United Kingdom national, is a family member of a United Kingdom
national for the purposes of Article 7 of Directive 2004/38 (or corresponding purposes
under the EEA Agreement or Swiss Agreement), or a person who had the right of
permanent residence, who in each case has exercised a right under Article 7 of Directive
2004/38 or any equivalent right under the EEA Agreement or Swiss Agreement in a
state other than the United Kingdom, or
(b) in the case of a person who is settled in the United Kingdom and had the right of
permanent residence, if the person has gone to the state within the territory comprising
the European Economic Area and Switzerland of which the person is a national or of
which the person in relation to whom the person is a family member is a national.
(3) For the purposes of sub-paragraph (2), a person had the right of permanent residence if they
had a right which arose under Directive 2004/38 to reside permanently in the United Kingdom
without restriction.
EU nationals etc.
15.—(1) A person with protected rights—
(a) who is—
(i) an EU national on the first day of the first course year of the course,
(ii) a family member of a person mentioned in sub-paragraph (i), or
(iii) a family member of a relevant person of Northern Ireland,
(b) who is attending or undertaking a course in England,
99(c) who has been ordinarily resident in the territory comprising the United Kingdom, the
European Economic Area, Switzerland and the overseas territories throughout the
three-year period preceding the first day of the first course year of the course, and
(d) subject to sub-paragraph (2), whose ordinary residence in the territory comprising the
United Kingdom, the European Economic Area, Switzerland and the overseas territories
has not during any part of the period referred to in paragraph (c) been wholly or mainly
for the purpose of receiving full-time education.
(2) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being
ordinarily resident in the territory comprising the United Kingdom, the European Economic Area,
Switzerland and the overseas territories in accordance with paragraph 1(3)(c).
United Kingdom nationals
16.—(1) A person—
(a) who is—
(i) a United Kingdom national on the first day of the first course year of the course,
or
(ii) a family member of a person mentioned in sub-paragraph (i),
(b) who was ordinarily resident immediately before IP completion day—
(i) in the territory comprising the European Economic Area and Switzerland, or
(ii) in the United Kingdom, where that ordinary residence began after 31st December
2017 immediately following a period of ordinary residence in the territory
comprising the European Economic Area and Switzerland,
and has remained ordinarily resident in the territory comprising the United Kingdom,
Gibraltar, the European Economic Area and Switzerland throughout the period beginning
on IP completion day and ending immediately before the first day of the first course
year of the course,
(c) who is attending or undertaking a course in England,
(d) who has been ordinarily resident in the territory comprising the United Kingdom,
Gibraltar, the European Economic Area and Switzerland throughout the three-year period
preceding the first day of the first course year of the course, and
(e) subject to sub-paragraph (2), whose ordinary residence in the territory comprising the
Untied Kingdom, Gibraltar, the European Economic Area and Switzerland has not during
any part of the period referred to in paragraph (d) been wholly or mainly for the purpose
of receiving full-time education.
(2) Paragraph (e) of sub-paragraph (1) does not apply to a person who is treated as being
ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European
Economic Area and Switzerland in accordance with paragraph 1(3)(c).
(3) Where a person (“A”) falls within sub-paragraph (1)(a)(ii), the person in relation to whom
A is a family member must also meet the requirements of sub-paragraph (1)(b) and (d).
17.—(1) A person—
(a) who is an Irish citizen on the first day of the first course year of the course,
(b) who was ordinarily resident before IP completion day—
(i) in the territory comprising the European Economic Area and Switzerland, or
100(ii) in the United Kingdom, where that ordinary residence began after 31st December
2017 immediately following a period of ordinary residence in the territory
comprising the European Economic Area and Switzerland,
and has remained ordinarily resident in the territory comprising the United Kingdom,
Gibraltar, the European Economic Area and Switzerland throughout the period beginning
on IP completion day and ending immediately before the first day of the first course
year of the course,
(c) who is attending or undertaking a course in England,
(d) who has been ordinarily resident in the territory comprising the United Kingdom,
Gibraltar, the European Economic Area and Switzerland throughout the three-year period
preceding the first day of the first course year of the course, and
(e) subject to sub-paragraph (2), whose ordinary residence in the territory comprising the
United Kingdom, Gibraltar, the European Economic Area and Switzerland has not during
any part of the period referred to in paragraph (d) been wholly or mainly for the purpose
of receiving full-time education.
(2) Paragraph (e) of sub-paragraph (1) does not apply to a person who is treated as being
ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European
Economic Area and Switzerland in accordance with paragraph 1(3)(c).
18.—(1) Subject to sub-paragraphs (3) and (4), a person—
(a) who is—
(i) settled in the United Kingdom, or
(ii) a British citizen who—
(aa) was born in the British Indian Ocean Territory or, prior to 8th November
1965, in those islands designated as the British Indian Ocean Territory
on that date, or
(bb) is a direct descendant of a person who was born in the British Indian
Ocean Territory or, prior to 8th November 1965, in those islands
designated as the British Indian Ocean Territory on that date,
(b) who is attending or undertaking a course in England,
(c) who has been ordinarily resident in the specified British overseas territories for at least
part of the three-year period preceding the first day of the first course year of the course,
(d) who has been ordinarily resident in the territory comprising the United Kingdom, the
Islands and the specified British overseas territories throughout the three-year period
preceding the first day of the first course year of the course,
(e) who did not move to England from the Islands for the purpose of undertaking the current
course or a course which, disregarding any intervening vacations, the person undertook
immediately before undertaking the current course, and
(f) subject to sub-paragraph (2), whose ordinary residence in the territory comprising the
United Kingdom, the Islands and the specified British overseas territories has not during
any part of the period referred to in paragraph (d) been wholly or mainly for the purpose
of receiving full-time education.
(2) Paragraph (f) of sub-paragraph (1) does not apply to a person who is treated as being
ordinarily resident in the territory comprising the United Kingdom, the Islands and the specified
British overseas territories in accordance with paragraph 1(3)(c).
(3) For the purposes of paragraphs (c) and (d) of sub-paragraph (1), a person mentioned in
paragraph (a)(ii) of sub-paragraph (1) is treated as being ordinarily resident in the specified British
101overseas territories in any period before the first day of the first course year of the course in
which they are not ordinarily resident in the United Kingdom or the Islands.
(4) Paragraphs (e) and (f) of sub-paragraph (1) do not apply to a person mentioned in paragraph
(a)(ii) of that sub-paragraph.
19.—(1) A person—
(a) who is a family member of a person who is settled in the United Kingdom on the first
day of the first course year of the course,
(b) who is attending or undertaking a course in England,
(c) who has been ordinarily resident in the United Kingdom and Islands throughout the
three-year period preceding the first day of the first course year of the course,
(d) subject to sub-paragraph (2), whose ordinary residence in the United Kingdom and
Islands has not during any part of the period referred to in paragraph (c) been wholly
or mainly for the purpose of receiving full-time education, and
(e) who did not move to England from the Islands for the purpose of undertaking the current
course or a course which, disregarding any intervening vacations, the person undertook
immediately before undertaking the current course.
(2) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being
ordinarily resident in the United Kingdom and Islands in accordance with paragraph 1(3)(c).
Persons resident in Gibraltar
20.—(1) A person—
(a) who is—
(i) a United Kingdom national who has resident status in Gibraltar granted by the
Government of Gibraltar, or
(ii) a family member of a United Kingdom national where that family member has
resident status in Gibraltar granted by the Government of Gibraltar,
(b) who is attending or undertaking a course in England,
(c) who has been ordinarily resident in the territory comprising the United Kingdom,
Gibraltar, the European Economic Area and Switzerland throughout the three-year period
preceding the first day of the first course year of the course, and
(d) subject to sub-paragraph (3), whose ordinary residence in the territory comprising the
United Kingdom, Gibraltar, the European Economic Area and Switzerland has not during
any part of the period referred to in paragraph (c) been wholly or mainly for the purpose
of receiving full-time education.
(2) A person—
(a) who is—
(i) an EU national who has a right of residence in Gibraltar arising under the EU
withdrawal agreement, or
(ii) a family member of an EU national, where that family member has a right of
residence in Gibraltar arising under the EU withdrawal agreement,
(b) who is attending or undertaking a course in England,
(c) who has been ordinarily resident in the territory comprising the United Kingdom, the
European Economic Area, Switzerland and the overseas territories throughout the
three-year period preceding the first day of the first course year of the course, and
102(d) subject to sub-paragraph (3), whose ordinary residence in the territory comprising the
United Kingdom, the European Economic Area, Switzerland and the overseas territories
has not during any part of the period referred to in paragraph (c) been wholly or mainly
for the purpose of receiving full-time education.
(3) Paragraph (d) of sub-paragraphs (1) and (2) does not apply to a person treated as being
ordinarily resident in the territory referred to in paragraph (c) of those sub-paragraphs in accordance
with paragraph 1(3)(c).
EU nationals ordinarily resident in the United Kingdom and Islands
21. A person with protected rights who—
(a) is an EU national on the first day of the first course year of the course,
(b) is ordinarily resident in England on the first day of the first course year of the course,
(c) has been ordinarily resident in the United Kingdom and Islands throughout the three-year
period immediately preceding the first day of the first course year of the course, and
(d) in a case where the person’s ordinary residence referred to in paragraph (c) was wholly
or mainly for the purpose of receiving full-time education, was ordinarily resident
immediately before the period of ordinary residence referred to in paragraph (c) in the
territory comprising—
(i) the United Kingdom, Gibraltar, the European Economic Area and Switzerland, or
(ii) the overseas territories.
Children of Swiss nationals
22. A person with protected rights who—
(a) is the child of a Swiss national who is entitled to support in the United Kingdom by
virtue of Article 18(2) of the Swiss citizens’ rights agreement,
(b) is ordinarily resident in England on the first day of the first course year of the course,
(c) has been ordinarily resident throughout the three-year period preceding the first day of
the first course year of the course either—
(i) in the territory comprising the United Kingdom, Gibraltar, the European Economic
Area and Switzerland, or
(ii) in the territory comprising the United Kingdom, the European Economic Area,
Switzerland and the overseas territories where at least part of that ordinary residence
was in the overseas territories, and
(d) in a case where the person’s ordinary residence referred to in paragraph (c) was wholly
or mainly for the purpose of receiving full-time education, was ordinarily resident in
the territory comprising the United Kingdom, Gibraltar, the European Economic Area
and Switzerland immediately prior to the period of ordinary residence referred to in
paragraph (c).
Children of Turkish workers
23.—(1) A person who—
(a) is the child of a Turkish worker (“T”), where T was ordinarily resident in the United
Kingdom immediately before IP completion day,
(b) immediately before IP completion day—
(i) was the child of T, and
103(ii) was ordinarily resident in the United Kingdom,
(c) is ordinarily resident in England on the first day of the first course year of the course,
and
(d) has been ordinarily resident throughout the three-year period preceding the first day of
the first course year of the course either—
(i) in the territory comprising the United Kingdom, Gibraltar, the European Economic
Area, Switzerland and Turkey, or
(ii) is the territory comprising the United Kingdom, the European Economic Area,
Switzerland, Turkey and the overseas territories where at least part of that ordinary
residence was in the overseas territories.
Long residence
24.—(1) A person—
(a) who on the first day of the first course year of the course either—
(i) is under the age of 18 and has lived in the United Kingdom throughout the
seven-year period preceding the first day of the first course year of the course, or
(ii) is aged 18 or above and, preceding the first day of the first course year of the
course, has lived in the United Kingdom throughout either—
(aa) half their life, or
(bb) a period of at least twenty years,
whichever is shorter;
(b) who is ordinarily resident in England on the first day of the first course year of the
course,
(c) who has been ordinarily resident in the United Kingdom and Islands throughout the
three-year period preceding the first day of the first course year of the course, and
(d) subject to paragraph (2), whose residence in the United Kingdom and Islands has not
during any part of the period referred to in paragraph (c) been wholly or mainly for the
purpose of receiving full-time education.
(2) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being
ordinarily resident in the United Kingdom and Islands in accordance with paragraph 1(3)(c).
Persons granted leave under one of the Afghan Schemes and their family members
25.—(1) A person granted leave under one of the Afghan Schemes, who is ordinarily resident
in England on the course start date.
(2) A person who—
(a) is the spouse or civil partner of a person granted leave under one of the Afghan Schemes,
(b) on the leave application date, was the spouse or civil partner of that person,
(c) is ordinarily resident in the United Kingdom and Islands and has not ceased to be so
resident since being given leave to enter or remain in the United Kingdom, and
(d) is ordinarily resident in England on the course start date.
(3) A person who—
(a) is—
(i) the child of a person granted leave under one of the Afghan Schemes, or
104(ii) the child of the spouse or civil partner of a person granted leave under one of the
Afghan Schemes,
(b) on the leave application date, was—
(i) the child of the person granted leave under one of the Afghan Schemes, or
(ii) the child of a person who was the spouse or civil partner of the person granted
leave under one of the Afghan Schemes on that date,
(c) was under the age of 18 on the leave application date,
(d) is ordinarily resident in the United Kingdom and Islands and has not ceased to be so
resident since being given leave to enter or remain in the United Kingdom, and
(e) is ordinarily resident in England on the course start date.
(4) In this paragraph “leave application date” means the date on which the person granted leave
under one of the Afghan Schemes made an application for leave to enter or remain in the United
Kingdom.
Evacuated or assisted British nationals from Afghanistan
26. An evacuated or assisted British national from Afghanistan who is ordinarily resident in
England on the course start date.
Persons granted leave under one of the Ukraine Schemes and their family members
27.—(1) A person granted leave under one of the Ukraine Schemes, who is ordinarily resident
in England on the course start date.
(2) A person who—
(a) is the spouse or civil partner of a person granted leave under one of the Ukraine Schemes,
(b) on the leave application date, was the spouse or civil partner of that person,
(c) is ordinarily resident in the United Kingdom and Islands and has not ceased to be so
resident since being given leave to enter or remain in the United Kingdom, and
(d) is ordinarily resident in England on the course start date.
(3) A person who—
(a) is—
(i) the child of a person granted leave under one of the Ukraine Schemes, or
(ii) the child of the spouse or civil partner of a person granted leave under one of the
Ukraine Schemes,
(b) on the leave application date, was—
(i) the child of the person granted leave under one of the Ukraine Schemes, or
(ii) the child of a person who was the spouse or civil partner of the person granted
leave under one of the Ukraine Schemes on that date,
(c) was under the age of 18 on the leave application date,
(d) is ordinarily resident in the United Kingdom and Islands and has not ceased to be so
resident since being given leave to enter or remain in the United Kingdom, and
(e) is ordinarily resident in England on the course start date.
(4) In this paragraph “leave application date” means the date on which the person granted leave
under one of the Ukraine Schemes made an application for leave to enter or remain in the United
Kingdom.
105SCHEDULE 3 Regulation 7(5)
Termination of eligibility due to change of circumstance
Refugees
1. Where—
(a) the Secretary of State has determined that, by virtue of being a refugee or the spouse,
civil partner, child or step-child of a refugee, a person (“A”) was an eligible student in
connection with—
(i) an application for support for an earlier year of the current course, or
(ii) an application for support in connection with a designated course from which A’s
status as an eligible student has been transferred to the current course, and
(b) as at the day before the course year in respect of which A is applying for support begins,
the refugee status of A or of A’s spouse, civil partner, parent or step-parent (as the case
may be) has expired and—
(i) no further leave to remain has been granted and paragraphs SUI 13.1 and 13.2 of
Part Suitability of the immigration rules do not apply in respect of an application
for such leave,
(ii) no appeal is pending (within the meaning of section 104 of the Nationality,
Immigration and Asylum Act 2002), and
(iii) the person (A or A’s spouse, civil partner, parent or step-parent) whose refugee
status has expired has not become a British or Irish citizen,
A’s status as an eligible student terminates immediately before the first day of the course year
in respect of which A is applying for support.
Persons granted stateless leave
2. Where—
(a) the Secretary of State has determined that, by virtue of being a person granted stateless
leave or the spouse, civil partner, child or step-child of a person granted stateless leave,
a person (“A”) was an eligible student in connection with—
(i) an application for support for an earlier year of the current course, or
(ii) an application for support in connection with a designated course from which A’s
status as an eligible student has been transferred to the current course, and
(b) as at the day before the course year in respect of which A is applying for support begins,
the period for which the person granted stateless leave is allowed to stay in the United
Kingdom has expired and—
(i) no further leave to remain has been granted and paragraphs SUI 13.1 and 13.2 of
Part Suitability of the immigration rules do not apply in respect of an application
for such leave, and
(ii) that person has not become a British or Irish citizen,
A’s status as an eligible student terminates immediately before the first day of the course year
in respect of which A is applying for support.
106Persons granted section 67 leave
3. Where—
(a) the Secretary of State has determined that, by virtue of being a person granted section
67 leave, a person (“A”) was an eligible student in connection with—
(i) an application for support for an earlier year of the current course, or
(ii) an application for support in connection with a designated course from which A’s
status as an eligible student has been transferred to the current course, and
(b) as at the day before the course year in respect of which A is applying for support begins,
the period for which A is allowed to stay in the United Kingdom has expired and—
(i) no further leave to remain has been granted and paragraphs SUI 13.1 and 13.2 of
Part Suitability of the immigration rules do not apply in respect of an application
for such leave, and
(ii) A has not become a British or Irish citizen,
A’s status as an eligible student terminates immediately before the first day of the course year
in respect of which A is applying for support.
Persons granted Calais leave
4. Where—
(a) the Secretary of State has determined that, by virtue of being a person granted Calais
leave, a person (“A”) was an eligible student in connection with—
(i) an application for support for an earlier year of the current course, or
(ii) an application for support in connection with a designated course from which A’s
status as an eligible student has been transferred to the current course, and
(b) as at the day before the course year in respect of which A is applying for support begins,
the period for which A is allowed to stay in the United Kingdom has expired and—
(i) no further leave to remain has been granted and paragraphs SUI 13.1 and 13.2 of
Part Suitability of the immigration rules do not apply in respect of an application
for such leave, and
(ii) A has not become a British or Irish citizen,
A’s status as an eligible student terminates immediately before the first day of the course year
in respect of which A is applying for support.
Persons granted humanitarian protection
5. Where—
(a) the Secretary of State has determined that, by virtue of being a person granted
humanitarian protection or the spouse, civil partner, child or step-child of such a person,
a person (“A”) was an eligible student in connection with—
(i) an application for support for an earlier year of the current course, or
(ii) an application for support in connection with a designated course from which A’s
status as an eligible student has been transferred to the current course, and
(b) as at the day before the course year in respect of which A is applying for support begins,
the period for which the person granted humanitarian protection is allowed to stay in
the United Kingdom has expired and—
107(i) no further leave to remain has been granted and paragraphs SUI 13.1 and 13.2 of
Part Suitability of the immigration rules do not apply in respect of an application
for such leave,
(ii) no appeal is pending (within the meaning of section 104 of the Nationality,
Immigration and Asylum Act 2002), and
(iii) the person (A or A’s spouse, civil partner, parent or step-parent) whose period for
which they are allowed to stay in the United Kingdom has expired has not become
a British or Irish citizen,
A’s status as an eligible student terminates immediately before the first day of the course year
in respect of which A is applying for support.
Persons with limited rights by virtue of residence scheme immigration rules
6. Where—
(a) the Secretary of State has determined that, by virtue of being a person with protected
rights with limited leave to enter or remain in the United Kingdom granted by virtue
of residence scheme immigration rules, a person (“A”) was an eligible student in
connection with—
(i) an application for support for an earlier year of the current course, or
(ii) an application for support in connection with a designated course from which A’s
status as an eligible student has been transferred to the current course, and
(b) as at the day before the course year in respect of which A is applying for support begins,
A no longer has extant limited leave to enter or remain granted by virtue of residence
scheme immigration rules and no further leave to enter or remain has been granted under
those rules and A has not become a British or Irish citizen,
A’s status as an eligible student terminates immediately before the first day of the course year
in respect of which A is applying for support.
Other persons with limited protected rights
7. Where—
(a) the Secretary of State has determined that, by virtue of—
(i) falling within paragraph (a)(iii) or (iv) of the definition of “person with protected
rights”, or
(ii) meeting the conditions in paragraph 4(1)(a)(iii) in Part 2 of Schedule 2,
a person (“A”) is an eligible student in connection with an application for support for
a course year of a designated course, and
(b) as at the day before the course year begins, A is not a person with protected rights and
A has not become a British or Irish citizen,
A’s status as an eligible student terminates immediately before the first day of the course year
in respect of which A is applying for support.
Persons with rights under one of the Afghan Schemes
8. A’s status as an eligible student terminates immediately before the first day of the course
year in respect of which A is applying for support where—
108(a) the Secretary of State has determined that, by virtue of being a person granted leave
under one of the Afghan Schemes, or the spouse, civil partner, child or step-child of
such a person, a person (“A”) was an eligible student in connection with—
(i) an application for support for an earlier year in the current course, or
(ii) an application for support in connection with a designated course from which A’s
status as an eligible student has been transferred to the current course, and
(b) as at the day before the course year in respect of which A is applying for support begins,
the period for which the person granted leave under one of the Afghan Schemes is
allowed to stay in the United Kingdom has expired and that person has not become a
British or Irish citizen.
Persons with rights under one of the Ukraine Schemes
9. Where—
(a) the Secretary of State has determined that, by virtue of being a person granted leave
under one of the Ukraine Schemes, or the spouse, civil partner, child or step-child of
such a person, a person (“A”) was an eligible student in connection with—
(i) an application for support for an earlier year of the current course, or
(ii) an application for support in connection with a designated course from which A’s
status as an eligible student has been transferred to the current course, and
(b) as at the day before the course year in respect of which A is applying for support begins,
the period for which the person granted leave under one of the Ukraine Schemes is
allowed to stay in the United Kingdom has expired and—
(i) no further leave to enter or remain has been granted and paragraphs SUI 13.1 and
13.2 of Part Suitability of the immigration rules do not apply in respect of an
application for such leave, and
(ii) that person has not become a British or Irish citizen,
A’s status as an eligible student terminates immediately before the first day of the course year
in respect of which A is applying for support.
Long residence
10. Where—
(a) the Secretary of State has determined that, by virtue of being a person satisfying the
criteria in paragraph 24 of Schedule 2 (eligible students: long residence), a person (“A”)
was an eligible student in connection with—
(i) an application for support for an earlier year of the current course, or
(ii) an application for support in connection with a designated course from which A’s
status as an eligible student has been transferred to the current course, and
(b) as at the day before the course year in respect of which A is applying for support begins,
the period for which A was granted leave to stay in the United Kingdom has expired
and—
(i) no further leave to enter or remain has been granted, and paragraphs SUI 13.1 and
13.2 of Part Suitability of the immigration rules do not apply in respect of an
application for such leave,
(ii) no appeal is pending (within the meaning of section 104 of the Nationality,
Immigration and Asylum Act 2002), and
109(iii) A has not become a British or Irish citizen,
A’s status as an eligible student terminates immediately before the first day of the course year
in respect of which A is applying for support.
SCHEDULE 4 Regulations 10(2) and 11(2)
Schedule 4 courses
1. A first degree course.
2. A course for the Diploma of Higher Education.
3. A course for the Higher National Diploma or Higher National Certificate of—
(a) the Business & Technician Education Council, or
(b) Qualifications Scotland.
4. A course for the Certificate of Higher Education.
5. A course for the initial training of teachers.
6. A course in preparation for a professional examination of a standard higher than that of—
(a) examination at the advanced level for the General Certificate of Education or the
examination at higher level for the Scottish Certificate of Education, or
(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.
7. A course—
(a) providing education (whether or not in preparation for an examination) the standard of
which is higher than that of courses providing education in preparation for any of the
examinations mentioned in paragraph 6(a) or (b) but not higher than that of a first degree
course, and
(b) for entry to which a first degree (or equivalent qualification) is not normally required.
8. A postgraduate pre-registration course.
9. A graduate entry accelerated programme.
10. A graduate entry veterinary course.
11. A course for an approved HTQ.
SCHEDULE 5 Regulation 18(1)
Information
1. Every applicant or eligible student must, as soon as reasonably practicable after being requested
to do so, provide the Secretary of State with such information as the Secretary of State considers
the Secretary of State requires for the purposes of these Regulations.
2. An applicant or eligible student must without delay inform the Secretary of State and provide
the Secretary of State with particulars if any of the following occurs—
110(a) they withdraw from or abandon their course;
(b) they are expelled from their course;
(c) they transfer to another course (whether at the same institution or not);
(d) they are absent from their course for more than 60 days due to illness;
(e) they are suspended from their course (whether at their request or not);
(f) the date of the start or completion of their course changes;
(g) their home or term-time address or telephone number changes.
3.—(1) An academic authority must without delay inform the Secretary of State and provide
the Secretary of State with particulars if an applicant or eligible student—
(a) withdraws from or abandons their course;
(b) is expelled from their course;
(c) is absent from their course for more than 60 days due to illness;
(d) is suspended from their course (whether at the applicant’s or student’s request or not).
(2) An academic authority is not required to provide under sub-paragraph (1) any information
which it has already provided to the Secretary of State under Chapter 4 (declarations provided
by academic authorities) of Part 3 (applying for support, provision of information, and loan
contracts).
4. Information provided to the Secretary of State pursuant to these Regulations must be in the
format that the Secretary of State requires and, if the Secretary of State requires the information
to be signed by the person providing it, an electronic signature in such form as the Secretary of
State may specify satisfies such a requirement.
5. For the purposes of the exercise of the Secretary of State’s functions under the 1998 Act
and regulations made under it, the Secretary of State may require an eligible student to provide
from time to time such information as the Secretary of State considers necessary as to the income
of any person whose means are relevant to the assessment of the student’s entitlement to a loan
for living costs under Part 5 or a supplementary grant under Part 6.
SCHEDULE 6 Regulation 35(2)
Fee loan per-course amounts for various higher education courses
Course type Fee loan per-course amount
Architecture course: 600
A first degree course leading to a postgraduate qualification
accredited by the Architects Registration Board.
Bachelor Degree: 300
A first degree course leading to the qualification “bachelor’s
degree”, meaning an ordinary (non-honours) degree. This is a
separate course type to the Bachelor’s degree with Honours, and
not a classification of an Honours degree.
Bachelor Degree with Honours (including an undergraduate Master 480
of Arts offered by an institution located in Scotland), where either:
a) the course contains at least 4,800 notional learning hours and
has a full-time equivalent duration of at least 4 full-time years,
excluding qualifying periods of foundation year, repeat study,
111Course type Fee loan per-course amount
sandwich placement, study abroad, Turing mobility or intercalated
year; or
b) the course has no full-time equivalent, but the course has a
minimum of 480 credits attached to it, excluding credits assigned
to qualifying periods of foundation year, repeat study, sandwich
placement, study abroad, Turing mobility or intercalated year -
with each credit equalling 10 notional learning hours, in compliance
with expectations and guidelines set out by the relevant regulatory
body (meaning the regulatory body that sets expectations regarding
the use of credits in higher education).
Bachelor Degree with Honours (including an undergraduate Master 420
of Arts offered by an institution located in Scotland), where the
course does not meet the criteria to have per-course amounts of
480, and either:
a) the course contains at least 4,200 notional learning hours and
has a full-time equivalent duration of 3 full-time years plus an
additional period of learning comprising less than 15 weeks of
taught study containing at least 600 notional learning hours,
excluding qualifying periods of foundation year, repeat study,
sandwich placement, study abroad, Turing mobility or intercalated
year; or
b) the course has no full-time equivalent, but a minimum of 420
credits are attached to the course, excluding credits assigned to
qualifying periods of foundation year, repeat study, sandwich
placement, study abroad, Turing mobility or intercalated year -
with each credit equalling 10 notional learning hours, in compliance
with expectations and guidelines set out by the relevant regulatory
body.
Bachelor Degree with Honours (including an undergraduate Master 360
of Arts offered by an institution located in Scotland), where the
course does not meet the criteria to have per-course amounts of
480, 420 or 390.
Bachelor’s Degree with Honours (including an undergraduate 390
Master of Arts offered by an institution located in Scotland), where
the course does not meet the criteria to have per-course amounts
of 480 or 420, and either:
a) the course contains at least 3,900 notional learning hours and
has a standard full-time equivalent duration of 3 full-time years
plus an additional period of learning comprising less than 15 weeks
of taught study containing at least 300 notional learning hours,
excluding qualifying periods of foundation year, repeat study,
sandwich placement, study abroad, Turing mobility or intercalated
year; or
b) the course has no full-time equivalent, but a minimum of 390
credits are attached to the course, excluding credits assigned to
qualifying periods of foundation year, repeat study, sandwich
placement, study abroad, Turing mobility or intercalated year –
with each credit equalling 10 notional learning hours, in compliance
with expectations and guidelines set out by the relevant regulatory
body.
Bachelor’s Degree or an undergraduate Master of Arts offered by 360
an institution located in Scotland:
A first-degree course leading to the qualification “bachelor’s
degree”, meaning an ordinary (non-honours) degree. This is a
112Course type Fee loan per-course amount
separate course type to the bachelor’s degree with Honours, and
not a classification of an Honours degree
Bachelor’s degree with Honours or an undergraduate Master of 600
Arts offered by an institution located in Scotland, where the course
does not meet the criteria to have per-course amounts of 480, and
either:
a) the course contains at least 6,000 notional learning hours and
has a standard full-time equivalent duration of five full-time years,
excluding qualifying periods of foundation year, repeat study,
sandwich placement, study abroad, Turing mobility or intercalated
year; or
b) the course has no full-time equivalent, but a minimum of 600
credits are attached to the course, excluding credits assigned to
qualifying periods of foundation year, repeat study, sandwich
placement, study abroad, Turing mobility or intercalated year –
with each credit equalling 10 notional learning hours, in compliance
with expectation and guidelines set out by the relevant regulatory
body.
Integrated Master’s Degree offered by an institution located in 600
Scotland, where the course does not meet the criteria to have
per-course amounts of 480, and either:
a) the course contains at least 6,000 credits of notional learning
hours and has a standard full-time equivalent duration of five
full-time years, excluding qualifying periods of foundation year,
repeat study, sandwich placement, study abroad, Turing mobility
or intercalated year; or
b) the course has no full-time equivalent, but a minimum of 600
credits are attached to the course, excluding credits assigned to
qualifying periods of foundation year, repeat study, sandwich
placement, study abroad, Turing mobility or intercalated year –
with each credit equalling 10 notional learning hours, in compliance
with expectation and guidelines set out by the relevant regulatory
body.
Integrated Master’s Degree offered by an institution located in 720
Scotland, where the course does not meet the criteria to have
per-course amounts of 600 or 480, and either:
a) the course contains at least 7,200 credits of notional learning
hours and has a standard full-time equivalent duration of six
full-time years, excluding qualifying periods of foundation year,
repeat study, sandwich placement, study abroad, Turing mobility
or intercalated year; or
b) the course has no full-time equivalent, but a minimum of 720
credits are attached to the course, excluding credits assigned to
qualifying periods of foundation year, repeat study, sandwich
placement, study abroad, Turing mobility or intercalated year –
with each credit equalling 10 notional learning hours, in compliance
with expectation and guidelines set out by the relevant regulatory
body.
Certificate of Higher Education: 120
A course leading to the qualification “Certificate of Higher
Education”.
Diploma of Higher Education: 240
A course leading to the qualification “Diploma of Higher
Education”.
113Course type Fee loan per-course amount
First degree in Medicine, Surgery, Dentistry, Veterinary Medicine, 720
Veterinary Surgery, or Veterinary Science, with a duration of 6
years full-time equivalent or more.
First degree in Medicine, Surgery, Dentistry, Veterinary Medicine, 600
Veterinary Surgery, or Veterinary Science, with a duration of less
than 6 years full-time equivalent
Foundation Degree: 240
A course leading to the qualification “Foundation Degree”.
Graduate Certificate: 120
A course leading to the qualification “Graduate Certificate”.
Graduate Diploma: 120
A course leading to the qualification “Graduate Diploma”.
Graduate Entry Medical, Dentistry and Veterinary Courses: 480
A graduate entry course leading to a medicine, dentistry or
veterinary degree.
Higher National Certificate (not regulated by Ofqual): 120
A course leading to the qualification “Higher National Certificate”.
Higher National Diploma (not regulated by Ofqual): 240
A course leading to the qualification “Higher National Diploma”.
Initial Teacher Education [ITE] programme (one year): 120
A course leading to a level 4-7 qualification in teaching, and is
not on the Ofqual register (meaning the register that lists
qualifications regulated by Ofqual), and either contains at least
120 credits, or more than 1,200 notional learning hours (including
time spent on integrated placements).
Integrated Masters Degree: 480
A first degree course leading to the qualification “Masters Degree”.
Postgraduate Course in Architecture: 240
A postgraduate course accredited bv the Architects Registration
Board.
Postgraduate Healthcare (2 years full-time equivalent): 240
Where the course does not meet the criteria to have per-course
amounts of 360 or 300.
Postgraduate Healthcare (2 years full-time, plus additional short 300
year):
Where the course does not meet the criteria to have a per-course
amount of 360 credits, but either:
a) the course has a standard full-time equivalent duration of 2
full-time years, excluding qualifying periods of foundation year,
repeat study, sandwich placement, study abroad, Turing mobility
or intercalated year, plus an additional period of learning
comprising less than 15 weeks of study containing at least 600
notional learning hours, or
b) the course has no full-time equivalent, but a minimum of 300
credits are attached to the course - with each credit equalling 10
notional learning hours, in compliance with expectations and
guidelines set out by the relevant regulatory body.
Postgraduate Healthcare (3 years full-time equivalent), where either: 360
114Course type Fee loan per-course amount
a) the course has a standard full-time equivalent duration of at
least 3 full-time years, excluding qualifying periods of foundation
year, repeat study, sandwich placement, study abroad, Turing
mobility or intercalated year; or
b) the course has no full-time equivalent, but a minimum of 360
credits are attached to the course - with each credit equalling 10
notional learning hours, in compliance with expectations and
guidelines set out by the relevant regulatory body.
SCHEDULE 7 Regulations 37(2) and 71(1)
Assessment of household income
Definitions
1.—(1) In this Schedule—
(a) “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;
(b) “household income” has the meaning given in paragraph 3;
(c) “independent eligible student” has the meaning given in paragraph 2;
(d) “parent” means a natural or adoptive parent and “child”, “mother” and “father” are to
be construed accordingly;
(e) “parent student” means an eligible student who is the parent of an eligible student;
(f) “partner”, in relation to an eligible student, means any of the following—
(i) the spouse or civil partner of the eligible student;
(ii) in the case of an eligible student who falls within paragraph 2(1)(a), a person
ordinarily living with the eligible student as if the person were the student’s spouse
or civil partner;
(g) “partner”, in relation to the parent of an eligible student, means any of the following—
(i) the spouse or civil partner of the parent of the eligible student;
(ii) a person ordinarily living with the parent of the eligible student as if the person
were the parent’s spouse or civil partner,
but does not include another parent of the eligible student;
(h) “period of multiple study”, in relation to an eligible student studying two or more courses
in the same service year, means the period that—
(i) begins with the start of the course year in which course A begins, and
(ii) ends with the end of the course year in which course B ends,
where “course A” is whichever of the courses begins first and “course B” is whichever
of the courses ends last;
(i) “preceding financial year” means the financial year that ends before the 31st July
preceding the relevant year;
(j) “prior financial year” means the financial year immediately before the preceding financial
year;
115(k) “relevant year” means the course year of the course in respect of which the household
income falls to be assessed;
(l) “residual income” means—
(i) taxable income after the application of—
(aa) paragraph 4 (in the case of an eligible student),
(bb) paragraph 5 (in the case of an eligible student’s parent),
(cc) paragraph 6 (in the case of an eligible student’s partner), or
(dd) paragraph 7 (in the case of the partner of an eligible student’s parent),
and
(ii) income referred to in sub-paragraph (2) received net of income tax;
(m) “taxable income” means, in relation to paragraph 4 in respect of the course year for
which an application for support has been made under regulation 16, in relation to
paragraph 5 in respect (subject to sub-paragraphs (2) to (5) of paragraph 5) of the prior
financial year, and in relation to paragraph 7 in respect (subject to sub-paragraphs (2)
to (5) of paragraph 7) of the prior financial year—
(i) the total income on which a person (“A”) is charged to income tax as determined
at Step 1 of the calculation in section 23 of the Income Tax Act 2007(a), together
with any payments and other benefits mentioned in section 401(1) of the Income
Tax (Earnings and Pensions) Act 2003 (ignoring section 401(2)(b) of that Act),
received or treated as received by A, to the extent that they are not a component
of the total income on which A is charged to income tax;
(ii) A’s total income from all sources as determined for the purposes of the income
tax legislation of a member State which applies to A’s income, or
(iii) where the legislation of the United Kingdom and one or more member States, or
of more than one member State, applies to the period, A’s total income from all
sources as determined for the purposes of the income tax legislation under which
the Secretary of State considers that A’s total income for that period is greatest
(except as otherwise provided in paragraph 5),
except that no account is taken of income referred to in sub-paragraph (2) that is paid
to another party.
(2) The income referred to in this sub-paragraph is any benefits under a pension arrangement
pursuant to an order made under section 23 of the Matrimonial Causes Act 1973 which includes
provision made by virtue of sections 25B(4) and 25E(3) of that Act(c), or pension benefits under
Part 1 of Schedule 5 to the Civil Partnership Act 2004 which includes provision made by virtue
of Parts 6 and 7 of that Schedule.
(3) For the purposes of the definition of “relevant year”, where an eligible student is studying
two or more courses in the same service year the household income falls to be assessed in respect
of the course year of whichever of those courses has the earliest course start date.
(a) 2007 c. 3. Section 23 was amended by paragraph 19 of Schedule 17 to the Finance Act 2014 (c. 26), paragraph 2(2) of
Schedule 3 to the Finance Act 2013 (c. 29), paragraph 10(2) and 13(3)(f) of Schedule 2 to the Finance (No. 2) Act 2023
(c. 30) and paragraph 6(o)(i) of Schedule 1 to the Finance Act 2009 (c. 10).
(b) 2003 c. 1. Section 401 was amended by S.I. 2014/211 and 2005/3229.
(c) 1973 c. 18. Section 23 was amended by section 16 of the Administration of Justice Act 1982 (c. 53) and paragraph 20
of the Schedule to the Divorce, Dissolution and Separation Act 2020 (c. 11). Section 25B(4) was inserted by section
166(1) of the Pensions Act 1995 (c. 26) and amended by paragraph 1(5) of Schedule 4 to the Welfare Reform and
Pensions Act 1999. Section 25E(3) was inserted by paragraph 3 of Schedule 12 to the Pensions Act 2004 (c. 35).
116Independent eligible student
2.—(1) An “independent eligible student” is an eligible student who falls into one or more of
the following categories on the first day of the relevant year—
(a) they are aged 25 or over;
(b) they were married or in a civil partnership before the beginning of the relevant year,
whether or not the marriage or civil partnership is still subsisting;
(c) they have no parent living;
(d) the Secretary of State is satisfied that neither of the student’s parents can be found or
that it is not reasonably practicable to get in touch with either of them;
(e) they have not communicated with either of their parents for the period of one year before
the beginning of the relevant year or, in the opinion of the Secretary of State, the student
can demonstrate on other grounds that the student is irreconcilably estranged from their
parents;
(f) they have been looked after by a local authority (within the meaning of section 22 of
the Children Act 1989(a) or, as the case may be, section 74 of the Social Services and
Well-being (Wales) Act 2014) throughout any three-month period ending on or after
the date on which the student reached the age of 16 and before the first day of the first
course year of the course, provided that the student has not in fact at any time during
that three-month period been under the charge or control of the student’s parents;
(g) their parents are residing outside the United Kingdom, Gibraltar and the EU and the
Secretary of State is satisfied that the assessment of the household income by reference
to their residual income would place those parents in jeopardy;
(h) paragraph 5(11) 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;
(i) they have the care of a person under the age of 18;
(j) they have supported themselves out of their earnings for any period or periods ending
before the first course year of the course, which periods together aggregate not less than
three years.
(2) For the purposes of sub-paragraph (1)(j)—
(a) a student is treated as supporting themselves out of their earnings during any period in
which they—
(i) were participating in arrangements for training for the unemployed under any
scheme operated, sponsored or funded by any state authority or agency, whether
national, regional or local (“a relevant authority”),
(ii) were in receipt of benefit payable by any relevant authority in respect of a person
who is available for employment but who is unemployed,
(iii) were 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) held a state studentship bestowed under regulation 4 of the State Awards Regulations
1978(b) or a comparable award, or
(a) Section 22 was amended by paragraph 19 of Schedule 5 to the Local Government Act 2000 (c. 22), section 2(2) of the
Children (Leaving Care) Act 2000, section 116(2) of the Adoption and Children Act 2002, section 52 of the Children
Act 2004, section 99 of the Children and Families Act 2014 (c. 6), by paragraph 6(b) of Schedule 3 to the Children and
Young Persons Act 2008 and by S.I. 2016/413.
(b) S.I. 1978/1096, to which there are amendments not relevant to these Regulations.
117(v) received any pension, allowance or other benefit paid by any person by reason of
a disability to which the student is subject, or by reason of confinement, injury or
sickness;
(b) where the eligible student is studying two or more courses concurrently, the reference
to the course is a reference to whichever of those courses has the earliest course start
date.
(3) An eligible student who qualifies as an independent eligible student under sub-paragraph
(1)(i) in respect of a course year of a designated course retains that status for the duration of the
period of eligibility.
Household income
3.—(1) The amount of reduction applicable to an eligible student is assessed on the basis of
the household income.
(2) The household income is—
(a) in the case of an eligible student who is not an independent eligible student, the aggregate
of—
(i) the residual income of the eligible student,
(ii) the residual income of the eligible student’s parents, subject to paragraph 5(11),
and
(iii) the residual income of the partner of the eligible student’s parent, where the
Secretary of State considered that parent the more appropriate under paragraph
5(11),
(b) in the case of an independent eligible student who has a partner, the aggregate of—
(i) the residual income of the eligible student, and
(ii) the residual income of the eligible student’s partner, subject to sub-paragraph (4),
or
(c) in the case of an independent eligible student who does not have a partner, the residual
income of the eligible student.
(3) In determining household income under sub-paragraph (2), the sum of £1,130 is deducted—
(a) for each child who is wholly or mainly financially dependent on the eligible student or
the eligible student’s partner, or
(b) for each child, other than the eligible student, who is 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) In determining household income under sub-paragraph (2)(b) in respect of a parent student,
the residual income of the parent student’s partner must not be aggregated where—
(a) the parent student’s child, or parent student’s partner’s child, holds a statutory award,
and
(b) the household income in respect of that award is calculated with reference to the residual
income of the parent student or of the parent student’s partner or of both.
Calculation of eligible student’s residual income
4.—(1) For the purpose of determining the residual income of an eligible student, there is
deducted from the student’s taxable income the aggregate of any amounts falling within any of
the following sub-paragraphs—
118(a) any remuneration for work done during any course year of the eligible student’s course,
provided that such remuneration does not include any sums paid in respect of any period
for which the student has leave of absence or is relieved of the student’s normal duties
for the purpose of attending that course;
(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 188 of the Finance Act 2004(a), or where the
eligible student’s income is computed for the purposes of the income tax legislation of
a 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,
provided that an amount is not to be deducted if it has already been deducted in determining the
student’s taxable income.
(2) Where the eligible student receives income in a currency other than sterling, the value of
that income for the purpose of this paragraph is—
(a) if the student purchases sterling with the income, the amount of sterling which the
student receives as a result;
(b) otherwise the value of the sterling which the income would purchase using the average
rate published by His Majesty’s Revenue and Customs for the calendar year which ends
before the start of the relevant year.
(3) Where the eligible student is studying two or more courses in the same service year, the
reference in paragraph (1)(a) to the eligible student’s course is a reference to whichever of those
courses has the earliest course start date.
Calculation of parent’s residual income
5.—(1) For the purposes of determining the residual income of an eligible student’s parent
(“A”) there is deducted from A’s taxable income the aggregate of any amounts falling within any
of the following sub-paragraphs (unless already deducted in determining taxable income)—
(a) the gross amount of any premium or sum relating to a pension (not being a premium
payable under a policy of life assurance) in respect of which relief is given under section
188 of the Finance Act 2004 or, where the income is computed for the purposes of the
income tax legislation of a member State, the gross amount of any such premium in
respect of which relief would be given if that legislation made provision equivalent to
the Income Tax Acts;
(b) in any case where income is computed for the purposes of the Income Tax Acts by
virtue of sub-paragraph (7), any sums equivalent to the deduction mentioned in paragraph
(a) of this sub-paragraph, provided that any sums so deducted do not exceed the
deductions which would be made if the whole of A’s income were in fact income for
the purposes of the Income Tax Acts;
(c) where A is a parent student or A holds a statutory award, £1,130.
(2) The Secretary of State may, for the purpose of enabling the eligible student to attend the
course without hardship, ascertain A’s residual income for the financial year beginning immediately
before the relevant year (“the current financial year”) if the Secretary of State is satisfied that—
(a) where the eligible student’s household income is determined by reference to the residual
income of A alone, the residual income of A for the current financial year is likely to
(a) 2004 c. 12. Section 188 was amended by paragraph 2 of Schedule 18 and Schedule 27 to the Finance Act 2007 (c. 11),
section 52 of the Finance Act 2013 (c. 29), and paragraph 13 of Schedule 7 to the Finance Act 2014.
119be not more than 85% of the sterling value of A’s residual income for the prior financial
year,
(b) where the eligible student’s household income is determined by reference to the residual
income of both parents, the aggregate of the residual incomes of A and the other parent
for the current financial year is likely to be not more than 85% of the sterling value of
the aggregate of the residual incomes of A and the other parent for the prior financial
year, or
(c) where the eligible student’s household income is determined by reference to the residual
income of A and A’s partner, the aggregate of the residual incomes of A and A’s partner
for the current financial year is likely to be not more than 85% of the sterling value of
the aggregate of—
(i) the residual income of A for the prior financial year applicable to A, and
(ii) the residual income of A’s partner for the prior financial year applicable to A’s
partner.
(3) In the event that sub-paragraph (2) or this sub-paragraph was applied in the previous course
year of the current course, the Secretary of State may, for the purpose of enabling the eligible
student to attend the course without hardship, ascertain A’s residual income for the current financial
year if the Secretary of State is satisfied that—
(a) where the eligible student’s household income is determined by reference to the residual
income of A alone, the residual income of A for the current financial year is likely to
be not more than 85% of the sterling value of A’s residual income for the preceding
financial year,
(b) where the eligible student’s household income is determined by reference to the residual
income of both parents, the aggregate of the residual incomes of A and the other parent
for the current financial year is likely to be not more than 85% of the sterling value of
the aggregate of the residual incomes of A and the other parent for the preceding financial
year, or
(c) where the eligible student’s household income is determined by reference to the residual
income of A and A’s partner, the aggregate of the residual incomes of A and A’s partner
for the current financial year is likely to be not more than 85% of the sterling value of
the aggregate of the residual incomes of A and A’s partner for the preceding financial
year.
(4) In a course year immediately following one in which the Secretary of State has ascertained
A’s residual income for the current financial year under sub-paragraph (2) or (3) (as applicable),
the Secretary of State must ascertain A’s residual income for the preceding financial year.
(5) In a course year immediately following one in which the Secretary of State has ascertained
A’s residual income for the preceding financial year under sub-paragraph (4), the Secretary of
State must ascertain A’s residual income for the prior financial year.
(6) Where A satisfies the Secretary of State that A’s income is wholly or mainly derived from
the profits of a business or profession carried on by A, then any reference in this Schedule to a
prior financial year means the earliest period of twelve months which ends after the start of the
financial year immediately before the preceding financial year and in respect of which accounts
are kept relating to that business or profession.
(7) Where A is in receipt of any income which does not form part of A’s income for the
purposes of the Income Tax Acts or the income tax legislation of a member State by reason only
that—
120(a) A is not resident or domiciled in the United Kingdom, or where A’s income is computed
for the purposes of the income tax legislation of a member State, not resident or domiciled
in that member State,
(b) the income does not arise in the United Kingdom, or where A’s income is computed
for the purposes of the income tax legislation of a 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,
A’s taxable income for the purposes of this Schedule is computed as though the income under
this sub-paragraph were part of A’s income for the purposes of the Income Tax Acts or the
income tax legislation of a member State, as the case may be.
(8) Where A’s income is computed for the purposes of the income tax legislation of a member
State, it is computed under the provisions of this Schedule in the currency of that member State
and A’s income for the purposes of this Schedule is the sterling value of that income determined
in accordance with the average rate published by His Majesty’s Revenue and Customs for the
calendar year which ends before the end of the prior financial year.
(9) Where one of the eligible student’s parents dies before or during the relevant year and that
parent’s income has been or would be taken into account for the purpose of determining the
household income, the household income is—
(a) where the parent dies before the relevant year, determined by reference to the income
of the surviving parent,
(b) where the parent dies during the relevant year, the aggregate of—
(i) the appropriate proportion of the household income determined by reference to the
income of both parents, being the proportion in respect of that part of the relevant
year during which both parents were alive, and
(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 after the death of the other parent.
(10) Where—
(a) the eligible student is studying two or more courses in the same service year,
(b) one of the eligible student’s parents dies—
(i) after the relevant year, but
(ii) during the course year for which household income was assessed in respect of a
relevant year determined in accordance with paragraph 1(3), and
(c) that parent’s income has been or would be taken into account for the purpose of
determining the household income,
the household income is determined in accordance with paragraph (9)(b), but as if for “the relevant
year” there were substituted “the period of multiple study”.
(11) Where the Secretary of State determines that the eligible student’s parents are separated
for the duration of the relevant year, the household income is determined by reference to the
income of whichever parent the Secretary of State considers the more appropriate under the
circumstances.
(12) Where the Secretary of State determines that the eligible student’s parents have separated
during the relevant year, the household income is determined by reference to the aggregate of—
121(a) the appropriate proportion of the household income determined in accordance with
sub-paragraph (11), being the proportion in respect of that part of the relevant year
during which the parents are separated, and
(b) the appropriate proportion of the household income determined otherwise in respect of
the remainder of the relevant year.
(13) Where—
(a) the eligible student is studying two or more courses in the same service year, and
(b) the Secretary of State determines that the eligible student’s parents separated—
(i) after the relevant year, but
(ii) during the course year for which household income was assessed in respect of a
relevant year determined in accordance with paragraph 1(3),
the household income is determined in accordance with paragraph (12), but as if for “the relevant
year” there were substituted “the period of multiple study”.
(14) Where the eligible student is studying two or more courses in the same service year—
(a) the reference in sub-paragraph (3) to the current course is a reference to whichever of
those courses has the earliest course start date;
(b) the references in sub-paragraphs (4) and (5) to a course year are to a course year of
whichever of those courses has the earliest course start date.
Calculation of eligible student’s partner’s residual income
6.—(1) Subject to sub-paragraphs (2) to (6), an eligible student’s partner’s residual income is
determined in accordance with paragraph 5, other than sub-paragraphs (2)(b) and (c), (3)(b) and
(c), and (9) to (13), as if references to the parent in paragraph 5 were references to the eligible
student’s partner.
(2) Where the Secretary of State determines that the eligible student and the eligible student’s
partner are separated for the duration of the relevant year, the eligible student’s partner’s residual
income is not taken into account in determining the household income.
(3) Where the Secretary of State determines that the eligible student and the eligible student’s
partner have separated during the relevant year, the eligible student’s partner’s residual income
is determined by reference to the eligible student’s partner’s residual income under sub-paragraph
(1) divided by fifty-two and multiplied by the number of complete weeks in the relevant year for
which the Secretary of State determines that the eligible student and the eligible student’s partner
are not separated.
(4) Where—
(a) the eligible student is studying two or more courses in the same service year, and
(b) the Secretary of State determines that the eligible student and the eligible student’s
partner separated—
(i) after the relevant year, but
(ii) during the course year for which household income was assessed in respect of a
relevant year determined in accordance with paragraph 1(3),
the eligible student’s partner’s residual income is determined in accordance with paragraph (3),
but as if for “the relevant year” there were substituted “the period of multiple study”.
(5) Where the eligible student’s partner dies during the relevant year and the eligible student’s
partner’s income has been or would be taken into account for determining the household income,
the household income is the aggregate of—
122(a) the appropriate proportion of the household income determined by reference to the
income of the eligible student and the eligible student’s partner, being the proportion in
respect of that part of the relevant year during which the eligible student’s partner was
alive, and
(b) the appropriate proportion of the household income determined by reference to the
income of the eligible student, being the proportion in respect of that part of the relevant
year after the death of the eligible student’s partner.
(6) Where—
(a) the eligible student is studying two or more courses in the same service year,
(b) the eligible student’s partner dies—
(i) after the relevant year, but
(ii) during the course year for which household income was assessed in respect of a
relevant year determined in accordance with paragraph 1(3), and
(c) the eligible student’s partner’s income has been or would be taken into account for the
purpose of determining the household income,
the household income is determined in accordance with paragraph (5), but as if for “the relevant
year” there were substituted “the period of multiple study”.
Calculation of parent’s partner’s residual income
7.—(1) For the purposes of determining the residual income of an eligible student’s parent’s
partner (“P”), there is deducted from P’s taxable income the aggregate of any amounts falling
within any of the following paragraphs (unless already deducted in determining taxable income)—
(a) the gross amount of any premium or sum relating to a pension (not being a premium
payable under a policy of life assurance) in respect of which relief is given under section
188 of the Finance Act 2004, or where the income is computed for the purposes of the
income tax legislation of a member State, the gross amount of any such premium in
respect of which relief would be given if that legislation made provision equivalent to
the Income Tax Acts;
(b) in any case where income is computed for the purposes of the Income Tax Acts by
virtue of sub-paragraph (7), any sums equivalent to the deduction mentioned in paragraph
(a) of this sub-paragraph, provided that any sums deducted do not exceed the deductions
which would be made if the whole of P’s income were in fact income for the purposes
of the Income Tax Acts;
(c) where P is a parent student or P holds a statutory award, £1,130.
(2) The Secretary of State may, for the purpose of enabling the eligible student to attend the
course without hardship, ascertain P’s residual income for the financial year beginning immediately
before the relevant year (“the current financial year”) if the Secretary of State is satisfied that the
aggregate of the residual incomes of P and the eligible student’s parent for the current financial
year is likely to be not more than 85% of the sterling value of the aggregate of—
(a) the residual income of P for the prior financial year applicable to P, and
(b) the residual income of the eligible student’s parent for the prior financial year applicable
to the parent.
(3) In the event that sub-paragraph (2) or this paragraph was applied in the previous course
year of the current course, the Secretary of State may, for the purpose of enabling the eligible
student to attend the course without hardship, ascertain P’s residual income for the current financial
year if the Secretary of State is satisfied that the aggregate of the residual incomes of P and the
eligible student’s parent for the current financial year is likely to be not more than 85% of the
123sterling value of the aggregate of the residual incomes of P and the eligible student’s parent for
the preceding financial year.
(4) In a course year immediately following one in which the Secretary of State has ascertained
P’s residual income for the current financial year under sub-paragraph (2) or, where applicable,
under sub-paragraph (3), the Secretary of State must ascertain P’s residual income for the preceding
financial year.
(5) In a course year immediately following one in which the Secretary of State has ascertained
P’s residual income for the preceding financial year under sub-paragraph (4), the Secretary of
State must ascertain P’s residual income for the prior financial year.
(6) Where P satisfies the Secretary of State that P’s income is wholly or mainly derived from
the profits of a business or profession carried on by P, then any reference in this Schedule to a
prior financial year in relation to P means the earliest period of twelve months which ends after
the start of the financial year immediately preceding the preceding financial year and in respect
of which accounts are kept relating to that business or profession.
(7) Where P is in receipt of any income which does not form part of P’s income for the purposes
of the Income Tax Acts or the income tax legislation of a member State by reason only that—
(a) P is not resident or domiciled in the United Kingdom, or where P’s income is computed
for the purposes of the income tax legislation of a member State, not resident or domiciled
in that member State,
(b) the income does not arise in the United Kingdom, or where P’s income is computed for
the purposes of the income tax legislation of a member State, does not arise in that
member State, or
(c) the income arises from an office, service or employment, income for which is exempt
from tax in pursuance of any legislation,
P’s taxable income for the purposes of this Schedule is computed as though the income under
this sub-paragraph were part of P’s income for the purposes of the Income Tax Acts or the income
tax legislation of a member State, as the case may be.
(8) Where P’s income is computed for the purposes of the income tax legislation of a member
State, it is computed under the provisions of this Schedule in the currency of that member State
and P’s income for the purposes of this Schedule is the sterling value of that income determined
in accordance with the average rate published by His Majesty’s Revenue and Customs for the
calendar year which ends before the end of the prior financial year.
(9) Where the Secretary of State determines that P and the eligible student’s parent are separated
for the duration of the relevant year, P’s residual income is not taken into account in determining
the household income.
(10) Where the Secretary of State determines that P and the eligible student’s parent have
separated during the relevant year, P’s residual income is determined by reference to P’s residual
income under sub-paragraph (1) divided by 52 and multiplied by the number of complete weeks
in the relevant year for which the Secretary of State determines that P and the eligible student’s
parent are not separated.
(11) Where—
(a) the eligible student is studying two or more courses in the same service year, and
(b) the Secretary of State determines that P and the eligible student’s parent separated—
(i) after the relevant year, but
(ii) during the course year for which household income was assessed in respect of a
relevant year determined in accordance with paragraph 1(3),
124P’s residual income is determined in accordance with paragraph (10), but as if for “the relevant
year” there were substituted “the period of multiple study”.
(12) Where P dies during the relevant year and P’s income has been or would be taken into
account for the purposes of determining the household income, the household income is the
aggregate of—
(a) the appropriate proportion of the household income determined by reference to the
income of the student’s parent and P, being the proportion in respect of that part of the
relevant year during which P was alive, and
(b) the appropriate proportion of the household income determined by reference to the
income of the student’s parent, being the proportion in respect of that part of the relevant
year after the death of P.
(13) Where—
(a) the eligible student is studying two or more courses in the same service year,
(b) P dies—
(i) after the relevant year, but
(ii) during the course year for which household income was assessed in respect of a
relevant year determined in accordance with paragraph 1(3), and
(c) P’s income has been or would be taken into account for the purpose of determining the
household income,
the household income is determined in accordance with paragraph (12), but as if for “the relevant
year” there were substituted “the period of multiple study”.
(14) Where the eligible student is studying two or more courses concurrently—
(a) the reference in sub-paragraph (3) to the current course is a reference to whichever of
those courses has the earliest course start date;
(b) the references in sub-paragraphs (4) and (5) to a course year are to a course year of
whichever of those courses has the earliest course start date.
SCHEDULE 8 Regulation 91
Amendment of the 2007 Fees and Awards Regulations
Amendment of regulation 2 of the 2007 Fees and Awards Regulations
1.—(1) In regulation 2 (interpretation), paragraph (1) is amended as follows.
(2) After the definition of “the 2005 Act” insert—
““the 2026 Student Support Regulations” means the Lifelong Learning (Student
Support) (Amendment of Fees and Awards etc.) Regulations 2026;”.
(3) For the definition of “the course start date”(a) substitute—
““course start date” means—
(a) for non-LLE courses, the day on which the first term of the first academic
year of a course begins;
(b) for LLE courses, the date within the first course year on which a course
begins;”.
(a) The definition was inserted by S.I. 2023/74.
125(4) After the definition of “course start date” insert—
““course year” means—
(a) the period of 12 months beginning with the first day of the month in which
the course begins, and
(b) each subsequent period of 12 months (if any) in which part of the course
is undertaken;”.
(5) After the definition of “the Islands” insert—
““LLE” (which is short for “Lifelong Learning Entitlement”) refers to the availability
of student support under the 2026 Student Support Regulations;
“LLE course” means a course designated under the 2026 Student Support Regulations,
and in relation to a higher education course as defined in regulation 4(2) of those
Regulations, “course” includes a module as defined in regulation 4(3) of those
Regulations;”.
(6) After the definition of “maintenance award” insert—
““non-LLE course” means a course that is not an LLE course;”.
(7) After the definition of “post-compulsory education award” insert—
““relevant year” means—
(a) in relation to LLE courses, a course year;
(b) in relation to non-LLE courses, an academic year;”.
Amendment of regulation 4 of the 2007 Fees and Awards Regulations
2.—(1) Regulation 4 (fee charging)(a) is amended as follows.
(2) In paragraph (1A)(a), for “academic” substitute “relevant”.
(3) In paragraph (2)(a), in each place the word occurs, for “academic” substitute “relevant”.
(4) In paragraph (2ZA)(a), for “an academic year” substitute “a relevant year”.
(5) In paragraph (2A)—
(a) for “an academic year” substitute “a relevant year”, and
(b) for “academic” substitute “relevant”.
(6) In paragraph (4), at the end, insert “, whether before or after section 10 was amended by
the Lifelong Learning (Higher Education Fee Limits) Act 2023(b)”.
Amendment of regulation 6 of the 2007 Fees and Awards Regulations
3. In regulation 6 (awards by research councils, UKRI and others), in paragraphs (1A)(a) and
(1B)(c), for “an academic year” substitute “a relevant year”.
Amendment of regulation 8 of the 2007 Fees and Awards Regulations
4. In regulation 8 (payments by the OfS), in paragraph (3)(d), for “an academic year” substitute
“a relevant year”.
(a) Regulation 4 was amended by S.I. 2019/1027, 2021/127, 2023/74, 2024/85 and 2026/130. There are other amendments
which are not relevant to this provision.
(b) 2023 c. 40.
(c) Paragraphs (1A) and (1B) were inserted by S.I. 2021/127.
(d) Paragraph (3) was inserted by S.I. 2021/127.
126Amendment of regulation 9 of the 2007 Fees and Awards Regulations
5. In regulation 9 (payments by the Secretary of State), in paragraph (3)(a), for “an academic
year” substitute “a relevant year”.
Amendment of Schedule 1 to the 2007 Fees and Awards Regulations
6.—(1) Schedule 1(b) is amended as follows.
(2) In paragraph 2(1)(a), in both places the word occurs, for “academic” substitute “relevant”.
(3) In paragraph (2A)(1)(c), for “academic” substitute “relevant”.
(4) In paragraph 3(1)—
(a) in paragraph (a), for “an academic year” substitute “a relevant year”;
(b) in paragraphs (b) and (c), for “academic” substitute “relevant”.
(5) In paragraph 6(1)(b) and (c), for “academic” substitute “relevant”.
(6) In paragraph 6A(1)(b) and (c), for “academic” substitute “relevant”.
(7) In paragraph 7(1)(a) and (b), for “academic” substitute “relevant”.
(8) In paragraph 7A(1)(a) and (b), for “academic” substitute “relevant”.
(9) In paragraph 8(1)(d), for “academic” substitute “relevant”.
(10) In paragraph 8A(1)(c) and (e) for “academic” substitute “relevant”.
(11) In paragraph 9—
(a) in sub-paragraph (1)(a)(i), for “an academic year” substitute “a relevant year”;
(b) in sub-paragraphs (1)(c) and (1A)(b), for “academic” substitute “relevant”.
(12) In paragraph 9A(1)(a)(i) and (c) and (2)(b), for “academic” substitute “relevant”.
(13) In paragraph 9B—
(a) in paragraph (1)(a)(i), for “an academic year” substitute “a relevant year”;
(b) in the words after paragraph (1)(b)(ii), and in paragraphs (1)(d) and (2)(b), for “academic”
substitute “relevant”.
(14) In paragraph 9BA—
(a) in paragraph (1)(a), for “an academic year” substitute “a relevant year”;
(b) in the words after paragraph (1)(b)(ii) and in paragraph (1)(d), for “academic” substitute
“relevant”.
(15) In paragraph 9C(1)(c) and (d) and (3), for “academic” substitute “relevant”.
(16) In paragraph 9D(1)(a) and (c), for “academic” substitute “relevant”.
(17) In paragraph 9E(1)(c) and (2)(b) for “academic” substitute “relevant”.
(18) In paragraph 10(1)(a), (b) and (c) and (2), in each place the word occurs, for “academic”
substitute “relevant”.
(19) In paragraph 10A(a), (b) and (c), for “academic” substitute “relevant”.
(20) In paragraph 11(1)(b) and (c), for “academic” substitute “relevant”.
(21) In paragraph 11A(b) and (c), for “academic” substitute “relevant”.
(22) In paragraph 12(b) and (c), for “academic” substitute “relevant”.
(23) In paragraph 12A(c) and (d), for “academic” substitute “relevant”.
(a) Paragraph (3) was inserted by S.I. 2021/127.
(b) Schedule 1 was amended by S.I. 2007/2263, 2011/1987, 2017/114, 2020/1181, 2021/127, 929 and 1348, and 2024/85.
127(24) In paragraph 13(1)(a), (b) and (c), in each place the word occurs, for “academic” substitute
“relevant”.
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations make provision for a new system of funding for lifelong learning in relation
to England. They are based on the Education (Student Support) Regulations 2011 (S.I. 2011/1986),
with adaptations as needed.
Part 1 contains introductory provisions, including amendments to the application of other
subordinate legislation and provisions on interpretation. Regulation 3 introduces Schedule 1, which
contains definitions.
Part 2 makes provision about which students are eligible for student support, and about which
courses and modules are designated for the purposes of student support. Schedule 2 lists categories
of eligible students; Schedule 3 makes provision regarding the termination of eligibility due to
change of circumstances; and Schedule 4 lists key types of course that are designated for student
support if conditions set out in regulation 10 are met.
Part 3 provides for the process of applying for student support, for the provision of information,
and for loan contracts. Schedule 5 contains further provisions regarding the provision of
information.
Part 4 makes provision for fee loans to cover tuition fees. Chapter 1 sets out the entitlement to
fee loans; it makes provision for the lifetime entitlement of an eligible student - which may be
reduced if the student has received previous government funding, or added to if certain conditions
are met. Chapter 2 covers eligibility for a fee loan, and (together with Schedule 6) makes provision
for fee loan amounts.
Part 5 provides for loans for living costs (loans for maintenance and special support loans). The
total amount of loan for living costs to which an eligible student is entitled is subject to a lifetime
limit. The amount of loan for living costs in relation to each course is determined by factors
including the length of the course and the student’s household income. Schedule 7 makes provision
for the assessment of household income, which determines the amount by which a student’s
entitlement to loans and supplementary grants is reduced.
Part 6 provides for supplementary grants (disabled students’ allowance, grants for travel, and
grants for dependants).
Part 7 provides for payment of support to the student and for cases of overpayment.
Part 8 provides for amendment of other subordinate legislation as a consequence of provision
made elsewhere in these Regulations. Together with Schedule 8, it amends the Education (Fees
and Awards) (England) Regulations 2007 (S.I. 2007/779), so that those Regulations additionally
cover fees and awards under the new system of funding for lifelong learning. It also amends
Regulations on loans for Master’s degrees and for Doctoral degrees so as to additionally cover
loans under the new system of funding for lifelong learning.
A full impact assessment of the effect that this instrument will have on the costs of business, the
voluntary sector and the public sector is available alongside the Explanatory Memorandum at
www.legislation.gov.uk.
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