CONSOLIDATION AND ALIGNMENT OF STUDENT SUPPORT REGULATIONS
CONSULTATION RESPONSES SUMMARY REPORT
Introduction
1. The report gives a summery of responses to the above consultation and the subsequent actions taken or proposed by the Scottish Executive as a consequence. The consultation paper invited comments on the consolidation and alignment of student support regulations, and on a number of proposed policy amendments for future change. It closed on 22 December and we received 12 responses; they are available in full at: Responses to the consultation on the Consolidation and Alignment of the Student Support Regulations
The Scottish Statutory Instruments consulted on were:
o The Nursing and Midwifery Student Allowances (Scotland) Regulations 1992
o The Education Authorities Bursaries (Scotland) Regulations 1995
o The Education (Fees and Awards) (Scotland) Regulations 1997
o The Students' Allowances (Scotland) Regulations 1999
o The Education (Student Loans) (Scotland) Regulations 2000
o The Graduate Endowment (Scotland) Regulations 2001
o The Education Maintenance Allowances (Scotland) Regulations 2004.
The consultation paper can be found at Consultation Document: Consolidation and Alignment of Student Support Regulations
Background
2. The Scottish Executive provides fee and living costs support for eligible students undertaking study at advanced (higher education) level in Scotland or elsewhere in the UK, and non-advanced (further education) level in Scotland (support for further education study in England is generally at the discretion of local authorities). This includes Higher Education (HE) student support, Further Education (FE) student support, Education Maintenance Allowances (EMAs) and Individual Learning Accounts (ILAs).
3. In order to be eligible for support, students must meet certain residence criteria. These criteria, which have been a feature of student support across the UK in some form since 1962, ensure that eligibility is determined by residence rather than nationality.
4. Since the regulations listed above were first introduced there have been a number of amendments made to each, resulting in numerous amending regulations that have to be taken into account before an interpretation of the regulation can be made. It is normal practice to consolidate regulations (and produce a new 'clean' version) after 5 or 6 amendments have been made to the original.
5. Following the Review of Funding For Learners by the Scottish Executive in 2004, a one-off project was undertaken to align the current residence criteria which govern HE and FE student support, EMAs and ILAs, as appropriate, to improve the coherence, equity and effectiveness of student support. The Project made a number of recommendations for changes which were incorporated into the consultation exercise.
Consultation Issues
6. The consultation asked respondents to specifically comment on a number of proposed amendments:
Proposed alignment amendments
6.1 Amendment 1. We propose to Amend Regulation 2(3) and 2(4) of the Student Loans Regulations and Schedule 1 Paragraphs (11) and (12) of the Fees and Awards Regulations to consider eligible periods of temporary study abroad by the student, parent or spouse towards ordinary residence and amend Schedule 2 Paragraph (10) of the Fees and Awards Regulations to include periods of temporary study abroad by the student's parents towards the ordinary residence criteria.
Response and action
There was general consensus to this amendment and it is being implemented to come into force 1 August 2007
6.2 Amendment 2. We propose to amend Schedule 1 Paragraph 11 of the Students' Allowances Regulations, Nursing Bursary Regulations and the Education Authority Bursaries Regulations to refer to the first day of the academic year for which the student is seeking support, rather than the "relevant day".
Response and Actions
This amendment was included by error in the consultation, the action proposed had been implemented in a previous exercise.
6.3 Amendment 3. We propose to amend regulations governing HE support to ensure that reference is made to the same dates when determining residence eligibility for each form of support. No amendments are to be made to the EMA, Nursing and Midwifery and Education Authority Regulations. The proposed definition of "the relevant date or day" is:
(a) as respects a course starting in the period 1st August to 31st December, 1st August;
(b) as respects a course starting in the period 1st January to 31st March, 1st January;
(c) as respects a course starting in the period 1st April to 30 June, 1st April; and
(d) as respects a course starting in the period 1st July to 31st July, 1st July,
in each case the relevant date being in the year of commencement of the appropriate academic year of the course;
Response and action
There was general consensus to this amendments and it is being implemented coming into force 1 August 2007. In addition as a consequence of responses we have aligned the terminology, where appropriate, so all regulations will refer to the 'relevant date' as opposed to 'relevant day'.
6.4 Amendment 4. We propose, as appropriate, to ensure that regulations and directions refer to applicants in gender-neutral terms.
Response and action
There was general consensus to this amendment and it is being implemented, coming into force 1 August 2007.
6.5 Amendment 5. We proposed to amend the definitions of "parent" and "child" in the EMA Regulations, Student Loans Regulations and Fees and Awards Regulations to that used in the other regulations. The Proposed definition is:
"parent" includes step-parent, a guardian, any other person having parental responsibilities for a child and any person having care of a child, and "child" shall be construed accordingly;
Response and action
Some respondents wanted the definition of parent to be more specific and others wanted it to be less so. This amendment is being implemented as suggested in order to bring consistency to the Student support statutory instruments and will come into force on 1 August 2007, however the definition of parent will be further considered as part of an ongoing project reviewing the current means test.
6.6 Amendment 6. We propose to choose one of the definitions for "independent" and "married" currently used in the various regulations and directions, and amend all/some others to suit. Proposed definition is:
" an independent student" means a person who prior to the relevant date/day -
(a) has attained the age of 25 years;
(b) is married or in a civil partnership;
(c) has no parent living;
(d) has been self-supporting out of their earnings for periods aggregating not less than 3 years.
Responses and action
As above there were no objections to aligning the definitions to bring consistency across the student support regulations but there were varying views around how specific or not the definition of independence and married should be. The amendment is being implemented as proposed for 1 August 2007. In addition the definition of independent and married will be further considered as part of an ongoing project reviewing the current means test.
Proposed Future Policy Amendments
6.7 Future Amendment 1. Eligible Courses - We propose to amend the Students' Allowances Regulations and the Fees & Awards Regulations with regards to the definition of courses which are eligible for support, and make no changes to the other regulations, coming into force 1 August 2007.
Responses and action
We received a number of comments relating to this proposed amendment and we will take account of those in our future consideration of this action.
6.8 Future Amendment 2: Revocation the Education Authority Bursary Regulations
Responses and action
There were no fundamental objections to revoking these regulations. However it was subsequently decided not to do so and to include them in the full consolidation process with consolidated regulations coming into force 1 August 2007.
Next Steps
The consultation concluded on 22 December 2006 and as noted above amendments to the Scottish Statutory Instruments consulted on have been implemented and amended and consolidated regulations are progressing currently through the Scottish Parliament to come into force 1 August 2007.
In addition a number of issues will be further considered in the context of on going project work reviewing the means test for further and higher education also noted in above text.