Education, England PART 1 GENERAL Citation, commencement, application and interpretation 1 These Regulations may be cited as the Education (Student Support) (College of Europe) Regulations 2010 and come into force on the 22nd day after they are laid before Parliament. 2 These Regulations apply in relation to England . 3 In these Regulations— “1998 Act” means the Teaching and Higher Education Act 1998; “ academic authority ” means the governing body or other body having the functions of a governing body of the College and includes a person acting with the authority of that body; “College” means the College of Europe; “ current course ” means the designated course in respect of which a person is applying for support or to be recognised as an eligible student; “ designated course ” has the meaning given by regulation 7; “ eligible student ” has the meaning given by regulation 6; “European Union” means the territory comprised of the Member States of the European Union as constituted from time to time; “ grants for living and other costs ” means the grants payable under regulation 15; “ person with leave to enter or remain ” means a person— who has been informed by a person acting under the authority of the Secretary of State for the Home Department that, although that person is considered not to qualify for recognition as a refugee, it is thought right to allow that person to enter or remain in the United Kingdom; who has been granted leave to enter or remain accordingly; whose period of leave to enter or remain has not expired or has been renewed and the period for which it was renewed has not expired or in respect of whose leave to enter or 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 being granted leave to enter or remain; “ 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 date ” means 22nd May 2010; “ statutory award ” means any award bestowed, grant paid or other support provided by virtue of the 1998 Act or the Education Act 1962 , or any comparable award, grant or other support in respect of undertaking a course which is paid out of public funds; “ 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 thereunder, the Education (Student Support) (Northern Ireland) Order 1998 and regulations made thereunder or the 1998 Act and regulations made thereunder; “ supplementary grants ” means the grants payable under Chapter 2 of Part 4; “ Turkish worker ” means a Turkish national who— is ordinarily resident in the United Kingdom and Islands; and is, or had been, lawfully employed in the United Kingdom. 4 These Regulations apply in relation to the provision of support to students only in relation to the academic year which begins on or after 1st September 2010 and before 1st September 2011 whether anything done under these Regulations is done before, on or after 1st September 2010. PART 2 APPLYING FOR SUPPORT AND ELIGIBILITY Applications 5 1 A person (the “applicant”) must submit an application to be considered as an eligible student and an application for support in such form as the Secretary of State may require to the College by the application deadline. 2 Subject to paragraph (3), the application deadline is 21st May 2010. 3 The Secretary of State may extend the application deadline if the Secretary of State considers that the circumstances of the case warrant it. Eligible students 6 1 An eligible student qualifies for support in connection with the student’s attendance on a designated course subject to and in accordance with these Regulations. 2 Subject to paragraphs (3) and (7), a person is an eligible student in connection with a designated course if— a the academic authority notifies the Secretary of State in writing that the person has a reasonable chance of being offered a place on a designated course by the academic authority; and b the Secretary of State determines in connection with an application for support under these Regulations that the person falls within one of the categories in Part 2 of Schedule 1. 3 A person (“ A ”) is not an eligible student if— a subject to paragraph (4), A has attended a postgraduate or comparable course of at least one academic year’s duration; b A is in breach of an obligation to repay any loan; c A has reached the age of 18 and not ratified any agreement for a loan made with A when A was under the age of 18; or d A has, in the opinion of the Secretary of State, shown by A’s conduct to be unfitted to receive support. 4 Paragraph (3)(a) does not apply where the person has attended a postgraduate or comparable course of at least one academic year’s duration but the Secretary of State has determined that having regard to the particular circumstances of that person’s case it is appropriate to pay that person support in connection with the current course. 5 For the purposes of paragraph (3)(b) and (c), “ loan ” means a loan made under the student loans legislation. 6 In the case where the agreement for a loan is subject to the law of Scotland, paragraph (3)(c) applies only 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 The number of eligible students must not exceed 11. 8 An eligible student shall not, at any one time, qualify for support for more than one designated course. 9 The Secretary of State may take such steps and make such enquiries as the Secretary of State considers necessary to determine whether a person is an eligible student. 10 The Secretary of State must inform a person who has been notified to the Secretary of State under paragraph (2)(a) whether that person qualifies as an eligible student. 11 A person who has received notification from the Secretary of State under paragraph (10) that that person is an eligible student in connection with a designated course must, by the deadline for receipt of financial information, provide the Secretary of State with any information or documentation that the Secretary of State requests in order to determine the amount of support payable under these Regulations. 12 The deadline for receipt of financial information is 31st July 2010 or, in the case of grants payable under regulation 15(6), 28th February 2011. 13 The Secretary of State must notify an eligible student of the amount of support payable, if any. Designated course 7 A course is designated for the purposes of section 22(1) of the 1998 Act and regulation 6 if it is— a a postgraduate course; b a full-time course; c of one academic year’s duration; and d provided by the College. Period of eligibility 8 1 Subject to the following paragraphs and regulation 6, a student’s status as an eligible student in connection with a designated course will terminate at the end of the academic year in which the College would ordinarily expect the student to complete the course (“period of eligibility”). 2 The period of eligibility terminates when the student withdraws from the designated course or abandons or is expelled from the designated course. 3 The Secretary of State may terminate a period of eligibility where the conduct of the student means that the student is unfitted to receive support. 4 Where the student’s period of eligibility will terminate before the end of the academic year in which the student will actually complete the course, the Secretary of State may, at any time, extend or renew the period of eligibility for such period as the Secretary of State determines. 5 If the Secretary of State is satisfied that the 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 do one or more of the following— a terminate the student’s period of eligibility; b determine that the student no longer qualifies for any particular type of support or particular amount of support; c treat any support already paid to the student as an overpayment which may be recovered in accordance with regulation 31. Transfer of eligibility 9 1 Where an eligible student transfers to another designated course at the College, the Secretary of State must transfer the student’s status as an eligible student where— a the Secretary of State receives a request from the eligible student to do so; b the Secretary of State is satisfied that the eligible student has begun to attend that other course on the recommendation of the academic authority; and c the student’s status as an eligible student has not terminated. 2 An eligible student who transfers under paragraph (1) shall receive in connection with the course to which that eligible student transfers the remainder of the support assessed by the Secretary of State in respect of the course from which the eligible student transfers. 3 An eligible student (“ A ”) who transfers under paragraph (1) after the Secretary of State has assessed support in connection with the course from which A is transferring but before A completes that course may not, in connection with the course to which A transfers, apply for another grant of a kind that A has already applied for under these Regulations in connection with the course from which A is transferring. PART 3 PROVISION OF INFORMATION Information 10 Every applicant and 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 to be required for the purposes of these Regulations. 11 Every applicant and eligible student must forthwith inform the Secretary of State and provide the Secretary of State with particulars if any of the following occurs— a the applicant or student withdraws from, abandons or is expelled from the course; b the applicant or student transfers to another course at the College; c the applicant or student ceases to attend the course and does not intend to or is not permitted to continue it for the remainder of the academic year; d the applicant or student is absent from the course for more than 60 days due to illness or for any period for any other reason; e the month for the start or the completion of the course changes; f the applicant or student’s home or term-time address changes. 12 Information provided to the Secretary of State pursuant to these Regulations must be in the format required by the Secretary of State 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 this requirement. PART 4 FINANCIAL SUPPORT General 13 An eligible student who is attending a designated course qualifies in connection with that course for— a a grant for fees and grants for living and other costs in accordance with Chapter 1; and b supplementary grants in accordance with Chapter 2. CHAPTER 1 GRANTS FOR COLLEGE OF EUROPE STUDENTS Grant for fees 14 1 A student qualifies for a grant for fees for the current course calculated in accordance with paragraph (2). 2 Subject to paragraph (3), the amount of grant for fees payable is the aggregate amount of fees payable by the student in respect of, or otherwise in connection with, that student’s attendance on the current course. 3 The maximum amount of grant for fees is 13,450 euro. Grants for living and other costs 15 1 Subject to paragraph (2), a student qualifies for the grants for living and other costs specified in and calculated in accordance with paragraphs (3) to (6). 2 A student does not qualify for any of the grants payable under this regulation if paragraph 9 of Part 2 of Schedule 1 is the only paragraph of Part 2 of that Schedule into which the student falls. 3 A student qualifies for a grant for living costs of an amount equal to the sum of (A + B) where— A is £2,463; and B is £50 for each week, including a week during which the student is required to attend the College for less than 5 days, that the student is required to attend the College in excess of 30 weeks and 3 days. 4 A student qualifies for a grant for board and lodging of 5,000 euro if studying at Natolin campus, Poland and 7,000 euro if studying at Bruges campus, Belgium. 5 A student qualifies for a grant for travel home of the amount determined by the Secretary of State to be the reasonable cost of one return journey from the student’s home address to the College. 6 Subject to the prior agreement of the Secretary of State before costs are incurred, a student qualifies for a grant for research travel of such amount as the Secretary of State determines to be the reasonable cost of travel incurred for the purposes of completing periods of research authorised by the College during the academic year. 16 A deduction may be made in accordance with Part 5 from the amount payable in respect of any of the grants calculated in accordance with regulation 15. CHAPTER 2 SUPPLEMENTARY GRANTS Disabled students’ allowance 17 1 Subject to paragraph (2), a student (“ A ”) qualifies for a disabled students’ allowance to assist with the additional expenditure which the Secretary of State is satisfied that A is obliged to incur by reason of a disability to which A is subject in respect of A’s attendance at a designated course. 2 A student does not qualify for a disabled students’ allowance under this regulation if paragraph 9 of Part 2 of Schedule 1 is the only paragraph of Part 2 of that Schedule into which the student falls. Amount of disabled students’ allowance 18 1 Subject to paragraph (2), the amount of the disabled students’ allowance is the amount that the Secretary of State considers appropriate in accordance with the student’s circumstances to assist with one or more types of eligible expenditure. 2 The amount of disabled students’ allowance must not exceed £10,260. 3 The “types of eligible expenditure” are— a expenditure on a non-medical personal helper; b expenditure on major items of specialist equipment; c any additional expenditure incurred— i for the purpose of attending the College; and ii within or outside the United Kingdom for the purpose of travelling to the College in order to attend the relevant course. Grant for dependants 19 1 The grant for dependants consists of the following elements— a adult dependants’ grant; and b parents’ learning allowance. 2 The qualifying conditions for each element are set out in regulations 20 to 24. Adult dependants’ grant 20 1 Subject to paragraph (3), a student qualifies for an adult dependants’ grant in connection with that student’s attendance on a designated course in accordance with this regulation. 2 The adult dependants’ grant is available in respect of a dependant of an eligible student who is either— a the student’s partner; or b an adult dependant of the student whose net income does not exceed £3,796. 3 A student does not qualify for the grant payable under this regulation if paragraph 9 of Part 2 of Schedule 1 is the only paragraph of Part 2 of that Schedule into which the student falls. 21 The amount of the adult dependants’ grant payable is calculated in accordance with regulation 23, the basic amount being— a £2,642; or b where the person in respect of whom the student is applying for adult dependants’ grant is ordinarily resident outside of the United Kingdom, such amount not exceeding £2,642 as the Secretary of State considers reasonable in the circumstances. Parents’ learning allowance 22 1 Subject to paragraph (2), a student qualifies in connection with that student’s attendance on a designated course for the parents’ learning allowance if that student has one or more dependants who are dependent children. 2 A student does not qualify for the grant payable under this regulation if paragraph 9 of Part 2 of Schedule 1 is the only paragraph of Part 2 of that Schedule into which the student falls. 3 The amount of the parents’ learning allowance payable is calculated in accordance with regulation 23, the basic amount being £1,508. Calculations 23 1 Subject to the following paragraphs, the amount payable in respect of a particular element of the grant for dependants for which the student qualifies under regulations 20 to 22 is the amount of that element remaining after applying, until it is extinguished or no element remains payable under regulations 20 to 22, an amount equal to (A – B) as follows and in the following order— a to reduce the basic amount of the adult dependants’ grant where the student qualifies for that element under regulation 20; and b to reduce the basic amount of the parents’ learning allowance where the student qualifies for that element under regulation 22. 2 Subject to paragraph (4) and regulation 24, where B is greater than or equal to A , the basic amount of each element of the grant for dependants for which the student qualifies is payable. 3 Where (A – B) is equal to or exceeds the aggregate of the basic amounts of the elements of the grant for dependants for which the eligible student qualifies, the amount payable in respect of each element is nil. 4 The amount of adult dependants’ grant calculated under paragraph (1) in respect of an adult dependant is reduced by one half where— a the 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 the partner is entitled under the statutory award. 5 Where the amount of the 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. 6 For the purposes of this regulation— A is the aggregate of the net income of each of the eligible student’s dependants; and B is— £1,159 where the student has no dependent children; £3,473 where the student is not a lone parent and has one dependent child; £4,627 where the student is not a lone parent and has more than one dependent child; £4,627 where the student is a lone parent and has one dependent child; £5,792 where the student is a lone parent and has more than one dependent child. 24 A deduction may be made in accordance with Part 5 from the amount payable in respect of a particular element of the grant for dependants calculated in accordance with regulations 20 to 23. Interpretation 25 1 For the purposes of regulations 20 to 24— a “ adult dependant ” means, in relation to a student (“ A ”), an adult person dependent on A but does not include A’s child, A’s partner (including a spouse or civil partner from whom the Secretary of State considers the student is separated) or A’s former partner; b “ child ” in relation to a student (“ A ”) includes any child of A’s partner who is dependent on A and any child for whom A has parental responsibility who is dependent on A; c “ dependant ” means, in relation to a student (“ A ”), A’s partner, A’s dependent child or an adult dependant, who in each case is not an eligible student and does not hold a statutory award; d “ dependent ” means wholly or mainly financially dependent; e “ lone parent ” means a student who does not have a partner and who has a dependent child; f “ net income ” has the meaning given in paragraph (2); g subject to sub-paragraphs (h), (i) and (j), “ partner ” means any of the following— i the spouse of a student; ii the civil partner of a student; iii a person ordinarily living with a student (“ A ”) as if that person were A’s spouse where A was aged 25 or over at the start of the academic year; iv a person ordinarily living with a student (“ A ”) as if that person were A’s civil partner where A was aged 25 or over at the start of the academic year; h unless otherwise indicated, a person who would otherwise be a partner under subparagraph (g) is not to be treated as a partner if— i in the opinion of the Secretary of State, that person and the student are separated; or ii the person is ordinarily living outside the United Kingdom and is not maintained by the student; i for the purposes of the definition of “adult dependant”, a person is to be treated as a partner if that person would be a partner under sub-paragraph (g) but for the fact that the student with whom that person is living was not aged 25 or over at the start of the academic year; j for the purposes of the definitions of “child” and “lone parent”, a person is to be treated as a partner if that person would be a partner under sub-paragraph (g) but for the date on which the student began the designated course or the fact that the student with whom that person is ordinarily resident was not aged 25 or over at the start of the academic year. 2 Subject to paragraph (3), a dependant’s net income is that person’s income from all sources for the academic year 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 ; c any financial support payable to the dependant by a local authority in accordance with regulations made under sections 2, 3 and 4 of the Adoption and Children Act 2002 ; d any guardian’s allowance to which the dependant is entitled under section 77 of the Social Security Contributions and Benefits Act 1992; e in the case of a dependant with whom a child being looked after by a local authority is boarded out, any payment made to that dependant in pursuance of section 23 of the Children Act 1989 ; f any payments made to the dependant under section 15 of and Schedule 1 to the Children Act 1989 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; and g any child tax credit to which the dependant is entitled under Part 1 of the Tax Credits Act 2002. 3 Where a student or that student’s partner makes any recurrent payments which were previously made by the student in pursuance of an obligation incurred before the beginning of the student’s course, the partner’s net income is net income calculated in accordance with paragraph (2) reduced by— a an amount equal to the payments in question for the academic year, if in the opinion of the Secretary of State the obligation has been reasonably incurred; or b such lesser amount, if any, as the Secretary of State considers appropriate if, in the Secretary of State’s opinion, a lesser obligation could reasonably have been incurred. 4 For the purposes of paragraph (2), where— a the dependant is a dependent child; and b payments are made to the student towards the child’s maintenance, those payments are to be treated as the child’s income. PART 5 CONTRIBUTIONS Student’s contributions 26 A student’s contribution is the amount, if any, calculated under Schedule 2. Application of the student’s contribution 27 The contribution calculated in accordance with regulation 26 shall be applied in accordance with regulation 28. 28 1 The Secretary of State must apply the student’s contribution— a first, to reduce the amount of grant for living costs calculated in accordance with regulation 15(3); b second— i in the case of a student who is eligible for the grant for dependants, to reduce in the following order— aa the amount of any adult dependants’ grant calculated in accordance with regulation 23; bb the amount of any parents’ learning allowance calculated in accordance with regulation 23; cc the amount of any grant for board and lodging calculated in accordance with regulation 15(4); ii in any other case, to reduce the amount of grant for board and lodging calculated in accordance with regulation 15(4); c third, to reduce the amount of grant for travel home calculated in accordance with regulation 15(5). d fourth, subject to paragraph (2), to reduce the amount of grant for research travel calculated in accordance with regulation 15(6). 2 Where the contribution available to reduce the amount of grant for research travel in accordance with paragraph (1)(d) exceeds the amount of that grant calculated under regulation 15(6), the amount of that grant payable to the student is nil. PART 6 PAYMENTS Payment of grant for fees 29 1 The Secretary of State must not pay the grant for fees for which the student qualifies until the Secretary of State has received a request for payment from the academic authority. 2 The Secretary of State may make the payments of the grant for fees to the academic authority in such instalments and at such times as the Secretary of State considers to be appropriate. Payments for grants of living and other costs and supplementary grants 30 1 The Secretary of State may pay the grants for living and other costs and the supplementary grants for which a student qualifies in such instalments and at such times as the Secretary of State considers appropriate. 2 The Secretary of State may, if the Secretary of State considers it appropriate to do so, pay the grant payable under regulation 15(4) to the College for the College to pay the relevant grant on the Secretary of State’s behalf. 3 Where a final assessment of the amount of grants for living and other costs or supplementary grants payable to a student cannot be made on the basis of the information provided by the student, the Secretary of State may make provisional payments of those grants pending the final assessment. 4 The Secretary of State may, if the Secretary of State considers it appropriate to do so, make a payment of a disabled students’ allowance before the start of the academic year. 5 Where the circumstances in regulation 11(a) or regulation 11(c) apply, the Secretary of State must not make any payments of support to a student after the date on which that student stops attending the course unless the Secretary of State considers it appropriate to do so taking into account the circumstances of the student’s case. 6 The Secretary of State must not make any payments of support to a student who is absent from the course— a for more than 60 days due to illness; or b for any period for any other reason, unless the Secretary of State considers that it is appropriate to do so taking into account the circumstances of the student’s case. Overpayments 31 1 The Secretary of State may recover any overpayment of grant for fees from the academic authority. 2 An eligible student must, if required to do so by the Secretary of State, repay any amount paid to that student under Part 4 which for whatever reason exceeds the amount of support to which that student is entitled under Part 4. David Lammy Minister for Higher Education and Intellectual Property Department for Business, Innovation and Skills 23rd March 2010