Education, England PART 1 GENERAL Citation, commencement and application 1 1 These Regulations may be cited as the Further Education Loans Regulations 2012 and come into force on 1st September 2012. 2 These Regulations apply in relation to England . 3 These Regulations apply to the provision of fee loans to students in connection with a further education course which begins on or after 1st August 2013 whether anything done under these Regulations is done before, on or after 1st August 2013. Interpretation 2 1 In these Regulations— “the 1998 Act” means the Teaching and Higher Education Act 1998; the 2020 Citizens’ Rights Regulations” means the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020; “ Access to HE Diploma ” means a qualification which is specifically designed to prepare persons for study at university; “ applicant ” means a person applying for a fee loan under regulation 10(1); ... “ borrower ” means a person to whom a fee loan has been made; “ current course ” means the designated further education course in respect of which a person is applying for a fee loan; “designated further education course” means a course designated by the Secretary of State under regulation 4; “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; “electronic signature” is so much of anything in electronic form as— is incorporated into or otherwise logically associated with any electronic communication or electronic data; and 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— who begins the current course on or after 1st August 2013; who is serving a sentence of imprisonment in England; has been authorised by the prison Governor or Director or other appropriate authority to study the current course; and whose earliest release date is within 6 years of the first day of the current course; “ eligible student ” has the meaning given in regulation 3; “EU national” means a national of a Member State of the EU; “ fee loan ” means a loan for fees made to an eligible student pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act; “ fees ” has the meaning given in section 85(2) of the Higher Education and Research Act 2017 ; “further education course” means— a course in preparation for examination for the General Certificate of Secondary Education; or a course providing education (whether or not in preparation for an examination) at a level equivalent to or higher than the course described in sub-paragraph (a); “ immigration rules ” has the meaning given in section 33(1) of the Immigration Act 1971; ... “ information ” includes documents; “ institution ” means an organisation delivering further education courses; “Islands” means the Channel Islands and the Isle of Man and “the United Kingdom and Islands” means the United Kingdom and the Islands taken together; “loan”, except where otherwise indicated, means a loan made pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act, including the interest accrued on the loan and any penalties or charges incurred in connection with it; “ period of eligibility ” has the meaning given in regulation 5 in relation to an eligible student; “person granted Calais leave” means a person who— 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 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— who, on the grounds of humanitarian protection, has been granted leave to remain under the immigration rules ...; whose leave to remain is extant, or in respect of whose leave to remain an appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002 ); and who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave to remain; “person granted indefinite leave to enter or remain as a bereaved partner” means a person— granted indefinite leave to enter or remain in the United Kingdom ... ...— under paragraph BP 11.1 of Appendix Bereaved Partner of the immigration rules ; ... where such leave was granted before the coming into force of Appendix Bereaved Partner , under any of the following provisions of the immigration rules — paragraph 288, as a person in relation to whom the requirements in paragraph 287(b) of those rules were met (bereaved partners); paragraph 295N, as a person in relation to whom the requirements in paragraph 295M of those rules were met (bereaved partners); paragraph D-BPILR.1.1 of Appendix FM (bereaved partners); or paragraph 36 of Appendix Armed Forces (bereaved partner of a member of HM Forces); under paragraph AF (GHK) 14.1 of Appendix GHK of the immigration rules, as a bereaved partner; or 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 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— granted indefinite leave to enter or remain in the United Kingdom under any of the following provisions of the immigration rules ...— paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse; or where such leave was granted before the coming into force of the 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); 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— 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 ... 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— who has — indefinite leave to enter the United Kingdom under paragraph 276BA2 of or has 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 ; indefinite leave to enter or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules, leave to enter the United Kingdom on the basis of the Afghan Relocations and Assistance Policy Scheme; or 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 ... 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— who has leave to enter or remain in the United Kingdom— under paragraph UKR 19.1 of Appendix Ukraine Scheme of the immigration rules ; or outside the immigration rules where the person— was residing in Ukraine immediately before 1st January 2022; and left Ukraine in connection with the Russian invasion which took place on 24th February 2022; and 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— who has leave to remain in the United Kingdom under paragraph UKR 27.1 of Appendix Ukraine Scheme of the immigration rules ; and 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— who has leave to enter or remain in the United Kingdom— under paragraph UKR 9.1 of Appendix Ukraine Scheme of the immigration rules ; or outside the immigration rules where the person— was residing in Ukraine immediately before 1st January 2022; and left Ukraine in connection with the Russian invasion which took place on 24th February 2022; and 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— who has leave to remain in the United Kingdom under the Ukraine Permission Extension Scheme; and 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— 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, or a dependent child of such a person who has been granted “leave in line” under paragraph 352ZO of those rules; and 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— has extant leave to remain as a stateless person under the immigration rules ...; and 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 person within the personal scope of the citizens’ rights provisions who— has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules; is an Irish citizen who, pursuant to section 3ZA of the Immigration Act 1971, does not require leave to enter or remain in the United Kingdom; ... ... is an applicant for the purposes of regulation 4 of the 2020 Citizens’ Rights Regulations where the relevant period has not expired; or otherwise has rights deemed to apply by virtue of any citizens’ rights deeming provisions; or 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; In paragraph (1)(a)(v) “citizens’ rights deeming provisions” means— Article 18(2) and (3) (issuance of residence documents) of the EU withdrawal agreement; Article 17(2) and (3) (issuance of residence documents) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020); or Article 16(2) and (3) (issuance of residence documents) of the Swiss citizens’ rights agreement. “ public funds ” means moneys provided by Parliament or by a government authority outside 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 interpreted accordingly; “ refugee ” means a person who is recognised by Her Majesty’s government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28th July 1951 as extended by the Protocol thereto which entered into force on 4th October 1967 ; “relevant period” has the meaning given by regulation 4 of the 2020 Citizens’ Rights Regulations; “relevant person of Northern Ireland” has the meaning given by residence scheme immigration rules; “residence scheme immigration rules” has the meaning given by section 17(1) of the European Union (Withdrawal Agreement) Act 2020; ... “ student loans legislation ” means the Education (Student Loans) Act 1990 , the Education (Student Loans) (Northern Ireland) Order 1990 , the Education (Scotland) Act 1980 and regulations made under those Acts or that Order, the Education (Student Support) (Northern Ireland) Order 1998 and regulations made under that Order or the 1998 Act; “ Turkish worker ” means a Turkish national who— is ordinarily resident in the United Kingdom and Islands; and is, or has been, lawfully employed in the United Kingdom. 2 For the purposes of these Regulations, a person is within the personal scope of the citizens’ rights provisions if that person falls within— a Article 10 (personal scope) of the EU withdrawal agreement; b Article 9 (personal scope) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020); or c Article 10 (personal scope) of the Swiss citizens’ rights agreement. PART 2 ELIGIBILITY Eligible students 3 1 An eligible student qualifies for a fee loan in connection with a designated further education course subject to and in accordance with this regulation. 2 A person is an eligible student in connection with a designated further education course if— a in assessing that person’s application for a fee loan the Secretary of State determines that the person falls within one of the categories set out— i in paragraphs 2, 2A, 3, 4, 4A, 4B, 4C, 4D, 4E, 5, 5A, 5B, 5C, 6A, 7A, 8A, 9A, 9B, 9BA, 9BB, 9C, 9D, 10A, 11A, 12A and 13 in Part 2 of Schedule 1; or ii in paragraphs 6, 7, 8, 9, 10, 11 and 12 in Part 2 of Schedule 1, where paragraph (2A) applies; and b the person satisfies the requirements of the other paragraphs of this regulation. 2A This paragraph applies where— a in connection with a designated further education course beginning before 1st August 2021, the Secretary of State— i in assessing an application for a fee loan by a person (“A”) determined that A fell within one of the categories set out in paragraphs 6, 7, 8, 9, 10, 11 and 12 in Part 2 of Schedule 1 in relation to an academic year of the course beginning before 1st August 2021; or ii would have so determined had A made an application for a fee loan in accordance with this Part in relation to an academic year of the course beginning before that date; and b A applies for a fee loan in connection with that course or a designated further education course to which A’s status as an eligible student is transferred from that course in accordance with these Regulations. 2B In connection with a designated further education course beginning on or after 1st January 2028, paragraph (2) has effect as if it did not mention paragraphs 8A , 9B, 9BA and 9D . 3 The requirements of this paragraph are that the eligible student (“ A ”)— aa has reached the age of 24 on the first day of A’s designated further education course, where that day is before 1st August 2016; a has reached the age of 19 on the first day of A’s designated further education course, where that day is on or after 1st August 2016; b is not in breach of any obligation to repay any loan; c has ratified any agreement for a loan made with A when A was under the age of 18; d has not, in the opinion of the Secretary of State, shown by A’s conduct that A is unfitted to receive support. 4 If A is an eligible prisoner A can qualify for a fee loan under this regulation in respect of a designated further education course which is taking place at the time which A enters prison, is in prison or is released from prison. 5 For the purposes of paragraphs (3)(b) and (3)(c) , “ loan ” means a loan made under any provision of the student loans legislation. 6 In a case where the agreement for a loan is subject to the law of Scotland, paragraph (3)(c) only applies if the agreement was made— a before 25th September 1991; and b with the concurrence of the borrower’s curator or at a time when the borrower had no curator. 7 Where 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 ”) is— a an eligible student in connection with an application for a fee loan for a designated further education course; and b as at the day before that course 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; 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. 7A 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”) is an eligible student in connection with an application for a fee loan for a designated further education course; and b as at the day before that course begins, the period for which the person granted stateless leave is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and 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. 7B Where— a the Secretary of State has determined that, by virtue of being a person granted section 67 leave, a person (“A”) is an eligible student in connection with an application for a fee loan for a designated further education course, and b as at the day before that course begins, the period for which the person granted section 67 leave is allowed to stay in the United Kingdom and Islands has expired and no further leave to remain has been granted and 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. 7C Where— a the Secretary of State has determined that, by virtue of being a person granted Calais leave, a person (“A”) is an eligible student in connection with an application for a fee loan for a designated further education course; and b as at the day before that course begins, the period for which A is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted 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. 8 Where 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 ”) is— a an eligible student in connection with an application for a fee loan for a designated further education course; and b as at the day before that course begins, the period for which the person granted humanitarian protection is allowed to stay in the United Kingdom has expired and— i no further leave to remain has been granted; 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. 8A Where— 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 a person granted leave under one of the Afghan Schemes , a person (“A”) is an eligible student in connection with an application for a fee loan for a designated further education course; and b as at the day before that course 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 , A’s status as an eligible student terminates immediately before the first day of the course. 8B 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 a person granted leave under one of the Ukraine Schemes , a person (“ A ”) is an eligible student in connection with an application for a fee loan for a designated further education course; and b as at the day before that course 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 no further leave to enter or remain has been granted, A’s status as an eligible student terminates immediately before the first day of the course. 9 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”) is an eligible student in connection with an application for support for a fee loan for a designated further education course; and b as at the day before that course 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. 10 Where— a the Secretary of State has determined that, by virtue of— i falling within paragraph (a) ... (iv) or (v) of the definition of “person with protected rights”; or ii meeting the conditions in paragraph 3(1)(a) ... (iv) in Part 2 of Schedule 1, a person (“A”) is an eligible student in connection with an application for a fee loan for a designated further education course; and b as at the day before that course begins, A is not a person with protected rights and has not become a British or Irish citizen , A’s status as an eligible student terminates immediately before the first day of the course. 11 Where— a the Secretary of State has determined that a person (“ A ”) is an eligible student by virtue of paragraph 13 of Schedule 1 (long residence) in connection with an application for a fee loan for a designated further education course; and b as at the day before the course 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; ii no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and 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. Designated courses 4 1 A further education course may be designated by the Secretary of State for the purposes of section 22(1) of the 1998 Act where— a the course began on or after 1st August 2013; and b the institution providing the course is situated in England. 2 The Secretary of State may revoke or suspend the designation of a course which is designated under paragraph (1). Period of eligibility 5 1 A student’s status as an eligible student is retained in connection with a designated further education course until the status terminates in accordance with this regulation or regulation 3 . 2 The period for which an eligible student retains that status is the “period of eligibility”. 3 Subject to the following paragraphs the maximum periods of eligibility are determined by the type of further education course and are as follows— a two years for AS Levels; b two years for A Levels; c two years for an Access to HE Diploma; and d three years for any other type of course. 4 The period of eligibility terminates when the eligible student (“ A ”)— a withdraws from A’s further education course in circumstances where the Secretary of State has not transferred or will not transfer A’s status as an eligible student under regulation 8,or b abandons or is expelled from A’s further education 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 a fee loan. 6 If the Secretary of State is satisfied that an eligible student has failed to comply with any 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 fee loan or particular amount of fee loan; c treat any fee loan paid to the student as an overpayment which may be recovered under regulation 24. 7 Where the period of eligibility terminates before the student completes the further education course, the Secretary of State may, at any time, renew the period of eligibility for such period as the Secretary of State determines. Students becoming eligible after a designated further education course has begun 6 1 Where any of the following events occur after a designated further education has begun, a student may qualify for a fee loan in accordance with this Part in respect of that course— a the student’s course becomes a designated further education course; or b an event specified in paragraph (2) which results in the student becoming an eligible student. 2 The events mentioned in paragraph (1)(b) are— a the student or the student’s spouse, civil partner, parent or step-parent is recognised as a refugee or becomes a person granted stateless leave or a person granted humanitarian protection; b the student becomes a family member described in paragraph 9A(1)(a), 9B(1)(a), 9C(1)(a) or 9D(1)(a) or (2)(a) of Schedule 1; ba the student becomes a person described in paragraph 2 of Schedule 1; bb the student becomes a person described in paragraph 2A of Schedule 1; c the student becomes a person described in paragraph 3(1)(a) of Schedule 1; d the student becomes a person described in paragraph 6A(1)(a) of Schedule 1; da the student becomes a person described in paragraph 9BB of Schedule 1; e the student becomes a person described in paragraph 11A(a) of Schedule 1; f the student becomes a person granted section 67 leave; g 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; h the student becomes a person granted Calais leave; i the student or the student’s parent becomes a person granted indefinite leave to enter or remain as a bereaved partner; j the student or the student’s spouse, civil partner or parent becomes a person granted leave under one of the Afghan Schemes; k the student or the student’s spouse, civil partner or parent becomes a person granted leave under one of the Ukraine Schemes. 3 Where the event that occurs in relation to a student is an event specified in paragraph (2)(a), (f), (g), (h), (i), (j) or (k), paragraph (4) applies for the purposes of determining whether the event results in the student becoming an eligible student. 4 The student is to be treated, for the purposes of determining whether the student satisfies any requirement in Schedule 1 that the student is ordinarily resident in the United Kingdom on the first day of the relevant course (“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. 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Student becoming eligible where a course is designated after the student starts the course 7A 1 A student may only qualify for a loan for a course that is designated after that student starts the course if the course is designated in the academic year in which that student starts the course. 2 For the purposes of this regulation an “academic year” means the twelve month period starting on 1st August and ending on 31st July. Transfer of status within same institution 8 1 Where an eligible student (“ A ”) transfers to another designated further education course at the same institution, the Secretary of State may transfer their status as an eligible student to that further education course where— a the Secretary of State receives a request from the eligible student to transfer to a further education course at an equivalent level to the course which the eligible student is currently taking, and b the period of eligibility has not terminated. 1A Paragraph (1) applies to a person who is an eligible student by virtue of regulation 3(2)(a)(ii) only where that person’s status as an eligible student has not been transferred on or after 1st August 2021 from the designated further education course referred to in regulation 3(2A)(a) to another designated further education course. 2 Where A transfers under paragraph (1), A is entitled to receive in connection with the further education course to which A transfers, any remainder of the fee loan assessed by the Secretary of State in respect of the remainder of the period of eligibility of the further education course to which A transfers. Transfer to another institution 9 Where an eligible student transfers to a designated further education course at an alternative institution that eligible student must apply for a fee loan under regulation 10 ... .... PART 3 APPLYING FOR A FEE LOAN, PROVISION OF INFORMATION AND LOAN CONTRACTS Applications for a fee loan 10 1 A person (the “applicant”) must apply for a fee loan in connection with each further education 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 The Secretary of State may take such steps and make such inquiries as the Secretary of State considers necessary to determine whether the applicant is an eligible student, whether the applicant qualifies for a fee loan and the amount of fee loan payable, if any. 3 The Secretary of State must notify the applicant of whether the applicant qualifies for a fee loan and, if so, the amount of fee loan payable in respect of the further education course. Time limits 11 1 An application for a fee loan in connection with a further education course beginning before 1st August 2015 must reach the Secretary of State within the period of eligibility for the further education course for which support is required. 2 An application for a fee loan in connection with a further education course beginning on or after 1st August 2015 must reach the Secretary of State— a within the period of eligibility for the further education course for which support is required; and b before the applicant completes the further education course for which support is required. Information 12 Schedule 2 deals with the provision of information. Requirement to enter into a contract for a fee loan 13 1 To receive a fee loan a student must enter into a contract with the Secretary of State. 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. PART 4 FEE LOANS Availability of fee loans to eligible students - general 14 When assessing an application for a fee loan in respect of a designated further education course, the Secretary of State must determine the standard entitlement. Standard entitlement of eligible students 15 1 The standard entitlement of an eligible student for all designated further education courses is determined in accordance with this regulation. 2 The standard entitlement is a maximum of four fee loans, where the eligible student does not take out a fee loan for a programme of A Level study. 3 Where an eligible student takes out a fee loan for a programme of A Level study, the standard entitlement is— a a maximum of eight fee loans for the programme of A Level study, and b a maximum of three fee loans for other designated further education courses. 4 An eligible student undertaking a programme of A Level study may use fee loans from their standard entitlement to fund— a a maximum of four AS Level courses; b a maximum of four A Level courses; c AS and A Level courses in a maximum of four subjects. 5 An eligible student may only use one fee loan from their standard entitlement to fund an Access to HE Diploma. 6 An eligible student taking more than one designated further education course at any one time may qualify for a fee loan for each course. 7 Where an eligible student has qualified for a fee loan in connection with a designated further education course and has received public funds for the fees for that course equal to the full amount of the fee loan, the fee loan does not count towards the standard entitlement if— a the Secretary of State has withheld payment of all of the fee loan under regulation 22(5) , or b the fee loan has been repaid in full under regulation 24 . 8 A fee loan taken out by an eligible student which is cancelled in full under regulation 25 does not count towards the standard entitlement. 9 In addition to the standard entitlement, if the Secretary of State determines that the eligible student is— a repeating a designated further education course because of compelling personal reasons, or b transferring to an alternative institution because the institution at which that student began a designated further education course has ceased to be publicly funded, the eligible student may qualify for further fee loans in respect of any period or periods of study arising as a result. 10 In this regulation, a “ programme of A level study ” means the study of one or more AS Level or A Level courses. Amount of the fee loan 16 1 The amount of a fee loan in respect of a further education course beginning before 1st August 2015 must not exceed the lesser of— a the maximum level of public funding in connection with that further education course, or b the amount which the institution is charging the eligible student for the further education course. 2 The amount of a fee loan in respect of a further education course beginning in the period beginning on 1st August 2015 and ending on 31st July 2016 must not exceed the lesser of— a the maximum loan amount available in connection with that further education course as contained in the document published by the Skills Funding Agency on 5th February 2015 entitled “Funding rates for 24+ Advanced Learning Loans designated qualifications 2015 to 2016, Version 1” , or b the amount which the institution is charging the eligible student for the further education course. 3 The amount of a fee loan in respect of a further education course beginning in the period beginning on 1st August 2016 and ending on 31st July 2017 must not exceed the lesser of— a the maximum loan amount available in connection with that further education course as contained in the document published by the Skills Funding Agency on 17th February 2016 entitled “Maximum Loan Amounts for Advanced Learner Loans designated qualifications 2016 to 2017, Version 1”, or b the amount which the institution is charging the eligible student for the further education course. 4 The amount of a fee loan in respect of a further education course beginning in the period beginning on 1st August 2017 and ending on 31st July 2018 must not exceed the lesser of— a the maximum loan amount available in connection with that further education course determined in accordance with Schedule 3, or b the amount which the institution is charging the eligible student for the further education course. 5 The amount of a fee loan in respect of a further education course beginning on or after 1st August 2018 must not exceed the lesser of— a the maximum loan amount available in connection with that further education course determined in accordance with Schedule 3, or b the amount which the institution is charging the eligible student for the further education course. 17 A fee loan must be for an amount no less than £300. Amount of fee loan for transferring students 18 1 If a student’s status as an eligible student is transferred from one further education course to another under regulation 8 ... and the circumstances in paragraph (2) apply, the student may apply to the Secretary of State to borrow an additional amount by way of a fee loan in respect of the further education course to which that student transfers. 2 The circumstances are that the fees payable in respect of the further education course to which the student transfers exceed the fees payable in respect of the course from which the student is transferring. 3 If a student’s status as an eligible student is transferred from one course to another under regulation 8 and the circumstances in paragraph (4) apply, the Secretary of State must reduce the amount of the fee loan to which the student is entitled in respect of the course to which the eligible student has transferred . 4 The circumstances are that the fees payable in respect of the course to which the student transfers are lower than the fees payable in respect of the course from which the student is transferring. PART 5 PAYMENTS Interpretation 19 In this Part “ confirmation of the student’s attendance ” means— a confirmation from the institution that the student has been present at the institution and has begun to attend the further education course where the student is applying for a fee loan in connection with that further education course; or b confirmation from the institution that the student has enrolled for a further education course where the student is applying for a fee loan in connection with that further education course, and the student is undertaking the further education course but not attending (regardless of whether the reason for not attending relates to the student’s disability); or c confirmation that the student remains enrolled, continues to attend the further education course or is undertaking the further education course but not attending, where the confirmation relates to payment of an instalment of the fee loan other than the first instalment. PAYMENT OF LOANS Provision of United Kingdom national insurance number 20 1 The Secretary of State may make it a condition of entitlement to payment of any fee 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 fee loan to the eligible student before the Secretary of State is satisfied that the student has complied with that condition. 3 Notwithstanding paragraph (2), the Secretary of State may make a payment of a fee loan to an eligible student if the Secretary of State is satisfied that owing to exceptional circumstances it would be appropriate to make such a payment without the eligible student having complied with the condition imposed under paragraph (1). Information requirements 21 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 fee loan. 2 The Secretary of State may at any time request from an applicant or eligible student sight of their national identity card, passport issued by the state of which they are a national or their birth certificate. 3 Where the Secretary of State has requested information under this regulation, the Secretary of State may withhold any payment of a fee loan until the person provides what has been requested or provides a satisfactory explanation for not complying with the request. Payment of fee loans 22 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 institution— 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 The institution must inform the Secretary of State if a student ceases to attend or undertake the further education course. 5 The Secretary of State may refuse to pay a fee loan to a student in connection with a designated further education course if that student is in receipt of public funds for part or all of the fees for that course. Method of repayment 23 1 The Secretary of State may at any time require an applicant or eligible student to enter into an agreement to repay a fee loan by a particular method. 2 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 fee loan until the person provides what has been required. OVERPAYMENTS Overpayments of fee loan 24 1 Any overpayment of fee loan is recoverable by the Secretary of State from— a the institution; or b the student in respect of whom the payment of fee loan was made. 1A 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. 1B An institution must, if so required by the Secretary of State, repay any amount of a fee loan paid to the institution in respect of a student which for whatever reason exceeds the amount of a fee loan to which the student is entitled. 2 An overpayment of 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 requiring the student to repay the fee loan in accordance with regulations made under section 22 of the 1998 Act; c by taking such other action for the recovery of an overpayment as is available to the Secretary of State. Cancellation of fee loan 25 1 Where this regulation applies the Secretary of State must cancel all or part of a fee loan. 2 The circumstances mentioned in paragraph (1) are that— a an eligible student has taken out the fee loan in relation to a designated further education course at an institution; b the course to which the fee loan relates is no longer available at the institution; c the student has applied in writing to the Secretary of State for cancellation of all or part of the fee loan; and d the Secretary of State considers it appropriate to do so. 3 In considering whether it is appropriate to cancel all or part of the fee loan (and where it is considered appropriate to cancel part of the loan what part of the loan should be cancelled) the Secretary of State must have regard to— a the proportion of the course completed; b whether a similar course is available at the institution; c whether the same or a similar course is available at another institution; d in relation to paragraphs (b) or (c), whether the student has enrolled on the course; and e any other relevant circumstances, including the personal circumstances of the student. John Hayes Minister of State for Further Education, Skills and Lifelong Learning Department for Business, Innovation and Skills 11th July 2012