Education (Student Support) Regulations 1999
| Jurisdiction | UK Non-devolved |
| Citation | SI 1999/496 |
| Year | 1999 |
1999 No. 496
EDUCATION, ENGLAND AND WALES
The Education (Student Support) Regulations 1999
Made 24th February 1999
Coming into force 3rd March 1999
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 19981, hereby makes the following Regulations, a draft of which has been laid before and approved by both Houses of Parliament:–
PART I
GENERAL
Citation and commencement
1. These Regulations may be cited as the Education (Student Support) Regulations 1999 and shall come into force one week after the date on which they are made.
Interpretation
2.—(1) In these Regulations, except where the context otherwise requires–
“the 1962 Act” means the Education Act 19622;
“the 1998 Regulations” means the Education (Student Support) Regulations 19983;
“academic authority” means, in relation to an institution, the governing body, or other body having the functions of a governing body and includes a person acting with the authority of that body;
“academic year” has the meaning given it in paragraph (6);
“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;
“award” means an award under the 1962 Act;
“borrower” means a person to whom a loan has been made;
“contribution” means an eligible student’s contribution calculated pursuant to regulation 21 and Schedule 3;
“designated course” means a course designated by regulation 5 or by the Secretary of State under regulation 5;
“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 19924, 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 19875;
“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 19926as adjusted by the Protocol signed at Brussels on 17th March 19937;
“EEA migrant worker” has the meaning assigned to it in paragraph (5);
“eligible student” means a person whom the Secretary of State has determined is eligible for support in connection with his attendance at a course in accordance with regulation 6 or 7;
“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;
“high cost country” means Australia, Austria, Belgium, Finland, France, Germany, Iceland, Indonesia, Eire, Israel, Italy, Luxembourg, the Netherlands, New Zealand, countries of the former Soviet Union, United States of America;
“higher cost country” means Denmark, Hong Kong, Japan, Republic of Korea, Norway, Sweden, Switzerland, Taiwan;
“higher education course” means a course referred to in Schedule 2 or a postgraduate or other course the standard of which is higher than the standard of a first degree course;
“the Islands” means the Channel Islands and the Isle of Man;
“loan” means a loan towards a student’s maintenance pursuant to any regulations made under section 22 of the Act, including the interest accrued on the loan and any penalties or charges made in connection with it;
“lone parent” means an eligible student who does not ordinarily live with a spouse or with another person as a spouse, and who has a dependant or dependants within the meaning of regulation 15(10);
“Metropolitan Police District” means the areas referred to in section 76 of the London Government Act 19638disregarding any amendment after these Regulations are made;
“old award” means an award under section 1(1) of the 1962 Act which is an old award within the meaning of the Education (Mandatory Awards) Regulations 19989or an award under section 1(6) of that Act which is an old award for the purposes of those Regulations as applied to such awards by virtue of section 1(7) of that Act;
“periods of work experience” has the meaning given it in regulation 5(4);
“public funds” means moneys provided by Parliament;
“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 195110as extended by the Protocol thereto which entered into force on 4th October 196711and 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” has the meaning given it in regulation 5(3);
“statutory award” means any award bestowed, grant paid or other support provided by virtue of the Act or the 1962 Act, or any comparable award, grant or other support in respect of attendance at a course which is paid out of public funds;
“student loan account number” means the account number assigned by the lender to a loan made under the Act, the Education (Student Loans) Act 199012, the Education (Student Loans) (Northern Ireland) Order 199013, the Education (Scotland) Act 198014or the Education (Student Support) (Northern Ireland) Order 199815;
“support” means financial support by way of grant or loan made by the Secretary of State pursuant to regulations made under section 22 of the Act;
“transitional award” means an award under section 1(1) of the 1962 Act which is a transitional award within the meaning of the Education (Mandatory Awards) Regulations 1998 or an award under section 1(6) of that Act which is a transitional award for the purposes of those Regulations as applied to such awards by virtue of section 1(7) of that Act;
(2) For the purposes of these Regulations a person who is ordinarily resident in England and Wales, Scotland, Northern Ireland, the Channel Islands or the Isle of Man as a result of having moved from another of those areas for the purpose of attending–
(a)
(a) his current course, or
(b)
(b) a previous designated course which, disregarding any intervening vacation, the student was attending immediately before attending his current course
shall be considered to be ordinarily resident in the place from which he moved.
(3) For the purposes of these Regulations, including for the purpose of determining whether a person is settled in the United Kingdom within the meaning of the Immigration Act 197116for the purposes of these Regulations, a person shall be treated as ordinarily resident in England and Wales, the United Kingdom, 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, the United Kingdom and Islands, or as the case may be, outside the European Economic Area and paragraph 8(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 Community17, as 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.
(6) In these Regulations “academic year” 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, but if students are required to begin attending the course during August or September and to continue attending through the autumn the academic year of the course shall be considered to begin in the autumn rather than the summer.
Revocations and transitional provisions
3.—(1) The 1998 Regulations shall be revoked on 1st September 1999.
(2) The 1998 Regulations shall apply to the making of loans to students in relation to an academic year which begins before 1st September 1999, and these Regulations shall apply in relation to the provision of support in connection with attendance at a course during an academic year which begins on or after 1st September 1999, whether anything done under either Regulations is done before or after...
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