EDUCATION, ENGLAND AND WALES Citation, commencement and interpretation 1 These Regulations may be cited as the Education (Student Support) (No. 2) Regulations 2002 (Amendment) Regulations 2004 and shall come into force on 1st September 2004. 2 In these Regulations, “the 2002 Regulations ” means the Education (Student Support) (No. 2) Regulations 2002 . Amendment of the 2002 Regulations 3 The 2002 Regulations shall be amended in accordance with these Regulations. 4 1 Regulation 2(1) shall be amended in accordance with this regulation. 2 “33” shall be substituted for “34” in the definition of “eligible student”. 3 “31, 32 or 33” shall be substituted for “31, 33 or 34” in the definition of “eligible part-time student”. 5 Paragraph (6) of regulation 3 shall be omitted. 6 In paragraph (2) of regulation 6, “nine” shall be substituted for “four” wherever it appears. 7 1 Regulation 10 shall be amended in accordance with this regulation. 2 The following shall be substituted for sub-paragraph (d) of paragraph (4): d the Secretary of State has determined, having regard to all the circumstances of the particular case, that, where a student has attended one or more previous courses, he did not complete for compelling personal reasons that previous course (“the latest course”) which he began to attend subsequent to attending any other previous course. 3 The following shall be inserted after paragraph (6): 6A Paragraph (4)(d) shall only apply where the latest course is a course in relation to which the eligible student was determined to be eligible for support under Part III of these Regulations. 4 The words “the first day on which the student was required to start attending” shall be substituted for the words “the first day on which students were ordinarily required to start attending” in sub-paragraph (a) of paragraph (9). 8 1 Regulation 14(1) shall be amended in accordance with this regulation. 2 The following shall be substituted for sub-paragraph (b):— b who falls within paragraph 2(1)(f) of Schedule 3; and. 3 The following shall be substituted for sub-paragraph (c):— c who, in the opinion of the Secretary of State, is subject to greater financial hardship by virtue of falling within paragraph (2)(1)(f) of Schedule 3 than he would otherwise have been. 9 1 Regulation 15 shall be amended in accordance with this regulation. 2 The following shall be substituted for paragraph (4):— An eligible student shall be eligible under paragraphs (1) to (3)— for the maximum amount of grant payable only if he maintains a dependent who ordinarily resides in the United Kingdom for six months or more of the academic year in respect of which the eligible student applies for assistance under paragraph (1); and for no grant in any other case. 3 In paragraph (11), the words “paragraph 2(1)(a)” shall be substituted for the words “paragraph 3(1)(a) of Part II” wherever they appear. 10 The following shall be inserted after regulation 17 in Part IV— Higher Education Grant 17A 1 Subject to the following paragraphs, an eligible student shall be eligible for a grant up to the maximum amount of £1,000 payable in accordance with paragraph (5) for the purpose of defraying the cost of books, equipment, travel or childcare incurred for the purpose of attending a course of higher education. 2 An eligible student shall not be eligible for grant under paragraph (1) unless he is on a course which begins on or after 1st September 2004, and for the purpose of this paragraph “course” shall not include an end-on course in relation to a course which begins before 1st September 2004. 3 Paragraphs (2) to (6) of regulation 10 shall apply in relation to this regulation as they apply in relation to grants under Part III. 4 For the purposes of paragraph (5), an eligible student’s household income shall be calculated pursuant to Schedule 3. 5 An eligible student shall receive grant as follows: a in any case where the household income is £15,200 or less, he shall receive the maximum amount of the grant available under paragraph (1); b in any case where the household income exceeds £15,200 and does not exceed £21,185, for every complete £6.30 by which the household income exceeds £15,200 he shall receive £1 less than the maximum amount of grant available; and c in any case where the household income exceeds £21,185, no grant shall be payable under this regulation. 11 1 The words “wholly or partly” shall be inserted after the words “at a site” in the following provisions: i regulation 19(1)(b)(i)(b); ii regulation 19(2)(b)(i)(b); iii regulation 19(10)(b)(i)(b); iv regulation 23(5)(b)(i)(b); and v regulation 23(6)(b)(i)(b). 2 The words “wholly or partly” shall be inserted after the words “at a site or sites” in the following provisions: i regulation 19(1)(b)(i)(c); ii regulation 19(2)(b)(i)(c); iii regulation 19(10)(b)(i)(c); iv regulation 23(5)(b)(i)(c); and v regulation 23(6)(b)(i)(c). 12 1 Regulation 19 shall be amended in accordance with this regulation. 2 The following shall be substituted for paragraph (3): 3 Subject to paragraph (3A), where an eligible student resides at his parents' home and the Secretary of State is satisfied that in all the circumstances his parents by reason of age, incapacity, or otherwise cannot reasonably be expected to support him and that it would be appropriate for the amounts referred to in paragraph (1)(b) or (2)(b) to apply, the student shall be treated as if he were not residing at his parents' home. 3A Paragraph (3) shall not apply to an eligible student on a course which begins on or after 1st September 2004. 3 Paragraph (4) shall be omitted. 4 The following shall be substituted for paragraph (6) and (6A): 6 Subject to paragraph (6A), the maximum loan for living costs shall, in respect of each quarter, be calculated in accordance with whichever of paragraphs (1)(a), (1)(b)(i), (ii), (iii) or (iv), (2)(a) or (2)(b)(i), (ii), (iii) or (iv) applies in relation to one half or more of that quarter or, where any two such paragraphs apply for one half of any quarter each, in accordance with that paragraph which would result in a higher rate of support being payable. 6A Paragraph (6) shall apply in relation to paragraph (1)(b)(ii) or paragraph (2)(b)(ii) so that the rate of loan specified in those sub-paragraphs is payable only in respect of a quarter where the student is attending an overseas institution for at least one half of that quarter. 5 The following shall be substituted for paragraph (7): 7 The maximum amount of any loan for living costs shall, in respect of an academic year, be the sum of the amounts calculated in respect of each quarter of that year in accordance with paragraph (6). 6 The following shall be substituted for the table in paragraph (12): Column 1 Column 2 3,240 1,535 5,050 2,480 5,000 2,005 4,095 2,005 2,830 1,125 4,380 1,810 4,350 1,465 3,555 1,465 7 The following shall be substituted for the table in paragraph (13): Column 1 Column 2 3,240 1,535 5,050 2,480 5,000 2,460 4,095 2,005 2,830 1,125 4,380 1,810 4,350 1,795 3,555 1,465 13 Regulation 21 shall be omitted. 14 The following shall be substituted for paragraph (1) of regulation 22: 1 An eligible student’s contribution in respect of an academic year shall, if any, be the amount calculated under paragraph 8 of Schedule 3. 15 1 Regulation 23 shall be amended in accordance with this regulation. 2 In paragraph (1)(c), the words “3(6) or” shall be deleted. 3 In paragraph (7), the words “different rates apply” shall be substituted for the words “the Secretary of State determines that different rates shall apply”. 4 In paragraph (8), the words “which is” shall be substituted for the words “which the Secretary of State has determined shall be”. 16 The following shall be substituted for paragraph (2) of regulation 24: 2 Where assessment of the student’s contribution or of other matters has delayed the final calculation of the amount of grant for which the student is eligible, the Secretary of State shall make a provisional assessment of the contribution. 17 1 Regulation 25 shall be amended in accordance with this regulation. 2 The following shall be substituted for paragraph (1): 1 Subject to the following paragraphs, the Secretary of State shall pay assistance under Part IV or Part V in such instalments (if any) and at such times as he considers appropriate, and in the exercise of his functions under this paragraph he shall, where a final assessment cannot be made on the basis of the information provided by the student under regulation 6, make a provisional assessment of the assistance payable. 3 The words “other than a loan under regulation 21” shall be omitted— a in paragraph (2); and b in paragraph (10). 18 For Part VIII of the 2002 Regulations there shall be substituted the Part VIII set out in Schedule 1 to these Regulations. 19 1 Regulation 38(1) shall be amended in accordance with this regulation. 2 The words “September 2004” shall be substituted for the words “September 2003”. 3 The words “March 2003” shall be substituted for the words “March 2002”. 4 The words “March 2004” shall be substituted for the words “March 2003”. 20 For Schedule 3 to the 2002 Regulations there shall be substituted the Schedule 3 set out in Schedule 2 to these Regulations. 21 The figures in the third column of the table in Schedule 3 shall be substituted for the figures in the second column where they appear in the provisions of the 2002 Regulations which are set out opposite to them in the first column. Alan Johnson Minister of State, Department for Education and Skills 28th January 2004