Education (Student Support) Regulations 1998
| Jurisdiction | UK Non-devolved |
| Citation | SI 1998/2003 |
1998 No. 2003
EDUCATION, ENGLAND AND WALES
The Education (Student Support) Regulations 1998
Made 11th August 1998
Coming into force 12th August 1998
The Secretary of State for Education and Employment, in exercise of the powers conferred on the Secretary of State by sections 22, 42(6) and 43(1) of the Teaching and Higher Education Act 19981hereby makes the following Regulations, a draft of which has been laid before, and approved by, a resolution of both Houses of Parliament:—
Citation and commencement
1. These Regulations may be cited as the Education (Student Support) Regulations 1998 and shall come into force on the day after the day on which they are made.
Interpretation
2.—(1) In the Regulations, except where the context otherwise requires—
“academic year”, in relation to a course, means the period of twelve months beginning on 1st January, 1st April, 1st July or 1st September, according as the academic year of the course in question begins in the winter, the spring, the summer or the autumn respectively;
“accelerated course” means a course which persons undertaking it are normally required by the institution providing it to attend (whether at premises of the institution or elsewhere) for a period of at least 40 weeks in the final year, being a course of two academic years' duration;
“the Act” means the Teaching and Higher Education Act 1998;
“borrower” means a person to whom money has been lent under the Act;
“certificate of eligibility” means a certificate issued to a student under regulation 5(7);
“designated course” means a course designated by regulation 4(1) or by the Secretary of State under regulation 4(4);
“disability related benefit” means long term incapacity benefit or short term incapacity benefit at the higher rate, severe disablement allowance, disability living allowance, industrial injuries benefit and disability working allowance, all payable under the Social Security Contributions and Benefits Act 19922, or the amount of any disability premium and severe disability premium included in the applicable amount in calculating the income support payable under the Income Support (General) Regulations 19873;
“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 19924as adjusted by the Protocol signed at Brussels on 17th March 19935;
“EEA migrant worker” has the meaning assigned to it in paragraph (5);
“eligible” means eligible for the purposes of the Act as provided in regulation 3;
“European Community” means the territory comprised by the member States of the European Community as constituted from time to time;
“European Economic Area” means the European Community and subject to the conditions laid down in the EEA Agreement the area comprised by the Republic of Iceland, the Kingdom of Norway and the Principality of Liechtenstein;
“the Islands” means the Channel Islands and the Isle of Man;
“loan” means a loan towards a student’s maintenance under the Act, including the interest accrued on the loan and any penalties and charges made in connection with it;
“periods of work experience” means periods of industrial, professional or commercial experience associated with full-time study at an institution but at a place outside the institution;
“quarter”, in relation to an academic year, means one of the periods in that year from 1st January to 31st March, 1st April to 30th June, 1st July to 31st August, or 1st September to 31st December;
“refugee” means a person who is recognised by Her Majesty’s government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28th July 19516as extended by the Protocol thereto which entered into force on 4th October 19677and any reference to the child of a refugee includes a reference to a step-child;
“responsible person” means a consular officer, minister of religion, medical or legal practitioner, established civil servant, teacher or police officer;
“sandwich course” means a course consisting of alternate periods of full-time study in an institution and periods of work experience so organised that, taking the course as a whole, the student attends the periods of full-time study for an average of not less than 19 weeks in each year; and for the purposes of calculating his attendance the course shall be treated as beginning with the first period of full-time study and ending with the last such period; and
“student loan account number” means the account number assigned by the lender to a loan made under the Act, the Education (Student Loans) Act 19908, the Education (Student Loans) (Northern Ireland) Order 19909, the Education (Scotland) Act 198010or the Education (Student Support) (Northern Ireland) Order 199811.
(2) For the purposes of these Regulations a person who is ordinarily resident in England and Wales as a result of having moved from Scotland, Northern Ireland, the Channel Islands or the Isle of Man for the purpose of attending his present course or a previous designated course which (disregarding any intervening vacation) he was attending immediately before commencing his present course shall be considered to be ordinarily resident in the place from which he moved.
(3) For the purposes of these Regulations a person shall be treated as ordinarily resident in the United Kingdom and Islands or in the European Economic Area if he would have been so resident but for the fact that he, his spouse or his parent, guardian or any other person having parental responsibility for him, or any person having care of him when he is a child is, or was temporarily employed outside the United Kingdom and Islands, or as the case may be, outside the European Economic Area and paragraph 7(c) of Schedule 1 shall not apply in the case of such a person.
(4) For the purposes of the Regulations an area which—
(a)
(a) was previously not part of the European Community or the European Economic Area, but
(b)
(b) at any time before or after these Regulations come into force has become part of one or other or both of those areas
shall be considered to have always been part of the European Economic Area.
(5) In these Regulations a reference to an EEA migrant worker is a reference to a person who is a national of a member State of the European Economic Area who has taken up an activity as an employed person in the United Kingdom—
(a)
(a) under Council Regulation (EEC) No. 1612/68on freedom of movement of workers within the Community12as extended by the EEA Agreement; or
(b)
(b) in circumstances where as a national of the United Kingdom he has an enforceable Community right to be treated no less favourably than a national of another member State in relation to matters which are the subject of the above mentioned Council Regulation.
Eligible students
3.—(1) A student shall be an eligible student in relation to an academic year of a course for the purposes of section 22(1) of the Act and of these Regulations if—
(a)
(a) he is a person mentioned in Schedule 1;
(b)
(b) he is attending a designated course;
(c)
(c) he is under the age of 50 years on the first day of the course;
(d)
(d) he is not eligible to receive a loan in relation to the academic year of the course under the Education (Student Loans) Act 1990 or the Education (Student Loans) (Northern Ireland) Order 1990;
(e)
(e) he has not received a loan in relation to the academic year of another course which year ended after the first day of the academic year in question;
(f)
(f) he is not eligible to receive in relation to the academic year—
(i) any payment under a bursary or award of similar description bestowed on him under section 63 of the Health Services and Public Health Act 196813the amount of which is not calculated by reference to his income; or
(ii) any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 199214;
(g)
(g) he is not in breach of any obligation to repay any loan;
(h)
(h) subject to paragraph (4) he has ratified any agreement for a loan made with him when he was under the age of 18; and
(i)
(i) he has a bank or building society account into which any amount lent to him may be paid by electronic transfer.
(2) For the purposes of paragraph (1)(c) and Schedule 1 if with the agreement of the institution or institutions in question a student withdraws from a designated course without completing it and disregarding any intervening vacation immediately commences attending another designated course provided by the same or by a different institution the first day of the first course shall be regarded as the first day of the second course; or as the first day of a third or further course which the student has commenced attending in the same fashion.
(3) For the purposes of paragraph (1)(e), (g) and (h) “loan” includes a loan made under the Act, the Education (Student Loans) Act 1990, the Education (Student Loans) (Northern Ireland) Order 1990, the Education (Scotland) Act 1980 or the Education (Student Support) (Northern Ireland) Order 1998.
(4) Paragraph (1)(h) shall only apply in a case where the agreement for a loan is subject to the law of Scotland if it was made—
(a)
(a) before 25th September 1991, and
(b)
(b) with the concurrence of the borrower’s curator, or at a time when he had no curator.
Designated courses
4.—(1) A course shall be designated for the purposes of section 22(1) of the Act and regulation 3(1)(b) if it is—
(a)
(a) mentioned in Schedule 2;
(b)
(b) a full-time course;
(c)
(c) of at least one academic year’s duration; and
(d)
(d) wholly provided by an educational institution or institutions in the United Kingdom which is or are maintained or assisted by recurrent grants out of public funds or is provided by such an institution or institutions in conjunction with an institution or institutions outside the United Kingdom.
(2) A...
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