Education (Grants
and Allowances) (Jersey) Order 2018
Part 1
INTERPRETATION
1 Interpretation[1]
In this Order –
“1961 Law” means the Income Tax (Jersey)
Law 1961;
“2023 academic year” means the academic year
beginning on 1st September 2023;
“2024 academic year” means the academic year beginning
on 1st September 2024;
“academic year” means a period of 12 months
beginning on 1st September;
“dependent student” is construed in accordance with
Article 2;
“distance learning course” has the meaning in Article 11(3);
“full-time” in relation to a course means a course
published as a full-time course by the institution providing the course or the
Universities and Colleges Admissions Service of the United Kingdom;
“higher education” does not include a course
described in paragraph 1(b) of Schedule 2 to the Law except as
provided for in Article 9;
“income” is defined in Article 3A;
“independent student” is construed in accordance with
Article 2;
“Law” means the Education (Jersey)
Law 1999;
“level”, in respect of a qualification
relating to a course in education, means a qualification level specified in the
qualifications framework for England, Wales and
Northern Ireland on a web-site maintained by the United Kingdom government;
“main
residence” means, in respect of
a student who is resident at more than one address in Jersey, the address at
which the student spends the most time in Jersey or, if the student spends
equal time at more than one address in Jersey, the residential address given in
an application for a grant or allowance;
“parent” in
relation to a student, means the student’s natural or adoptive parent;
“part-time” in relation to a course means a course
published as a part-time course by the institution providing the course or the
Universities and Colleges Admissions Service of the United Kingdom;
“published” in relation to a full-time or part-time
course means published in a manner that is likely to bring the information about
the course to the attention of a student including on a website or in a printed
or digital prospectus;
“relevant assets”, in respect of a student and for an
academic year, means the assets, as at the end of the calendar year preceding
the calendar year in which the academic year commences, of the parties whose
incomes are taken into account (and not completely
disregarded) in assessing the relevant income of the student, not including any
asset that is a principal residence of any such party;
“relevant date”, for an academic year, means
31st August immediately preceding the commencement of the academic year;
“relevant income”, in respect of a student and for an
academic year, means the amount determined in accordance with Articles 4, 5,
6 or 6A;
“relevant person” is construed in accordance with Article 5(2);
“resident” is construed in accordance with Article 3;
“student”, in respect of an application for a grant or
allowance, includes a person intending to become a student;
“tuition fees” means all fees payable to an institution
relating to the provision of a course, including fees for admission,
registration, matriculation, tuition, examinations, validation and graduation.
2 Dependent
and independent students[2]
(1) A
student is an independent student in respect of an academic year if, on or
before the relevant date for that year, the student –
(a) is 25
years of age or older;
(b) is
married or in a civil partnership;
(c) has
been living financially independently of the student’s parents for at
least 3 years before the first academic year of the student’s
course;
(d) has
no living parent;
(e) is
the natural or adoptive parent of a child of the household; or
(f) is
the subject of an order committing the student to the care of the Minister for
Children and Families made under the Children (Jersey) Law 2002 or, before attaining full age, was so subject.[3]
(2) A
student who is not an independent student is a dependent student.
(3) In
this Article –
“child” means a person at or below the
upper limit of compulsory school age;
“child of the household” means, in
relation to a student, any child whose main place of residence is with the
student as part of that student’s household.
3 Meaning of “resident”
(1) An independent student
is resident in Jersey if, on the relevant date for the first academic year of the
student’s course, the student –
(a) is
ordinarily resident in Jersey; and
(b) has
been so resident –
(i) for
at least one year, if the student has Entitled status under the Control of Housing and Work
(Jersey) Law 2012, or
(ii) for
at least 5 years.
(2) Despite paragraph (1),
if the residential qualification set out in that paragraph is not met in
respect of a student solely because the student is or was temporarily employed
outside Jersey, that period of employment may be counted as a period of
ordinary residence in Jersey.
(3) A dependent student is
resident in Jersey if, on the relevant date for the first academic year of the
student’s course, the student and his or her parents –
(a) are
all ordinarily resident in Jersey; and
(b) have
been so resident –
(i) for
at least one year, if any one or more of them has Entitled status under the Control of Housing and Work
(Jersey) Law 2012, or
(ii) for
at least 5 years.
(4) Despite paragraph (3) –
(a) if a
student is ordinarily resident with only one parent, only the ordinary residence
of that parent is taken into account for the purposes
of paragraph (3); and
(b) if
the residential qualification set out in paragraph (3) is not met in
respect of a student solely because a parent is or was temporarily employed
outside Jersey, that period of employment may be counted as a period of
ordinary residency in Jersey for both the parent and the student.
(5) Despite paragraphs (1)
and (3), a student may be regarded as resident in Jersey if it would be unfair
in the circumstances of a particular case not to so regard him or her.
3A Meaning of “income"[4]
(1) For the purposes of
this Order, “income”, in respect of a person (“first
person”), means the person’s profits, gains, salaries, fees, wages
and perquisites of any kind arising from any source, whether in Jersey or
elsewhere, and includes –
(a) any
income applied by another person, under a trust, for or towards the
maintenance, education, or other benefit, of the first person or of any other
person dependent on or maintained by the first person;
(b) any
amount payable, whether under an order of a court or any agreement, for the
maintenance of the first person or of any other person dependent on the first
person;
(c) any
benefit or bonus or payment (however described) payable to or in respect of the
first person under any of the following Laws, including any Regulations or
Orders made under those Laws –
(i) Social Security Hypothecs
(Jersey) Law 2014,
(ii) Social Security (Jersey)
Law 1974,
(iii) Income Support (Jersey)
Law 2007,
(iv) Long-Term Care (Jersey)
Law 2012; and
(d) deemed
income under paragraphs (2) and (3).
(2) If an individual holds
a relevant interest in an entity during a calendar year for which the
individual’s income is relevant income, the individual is deemed to
receive as income the proportion of the profits made by that entity during that
calendar year that is equivalent to the proportion of the individual’s
relevant interest in that entity.
(3) If that
individual holds that relevant interest for part only of that calendar
year, the amount that the individual is deemed to receive as income is
apportioned to reflect the portion of the year in which the individual held the
relevant interest.
(4) In this Article, a
“relevant interest” means a holding of 5% or greater
of –
(a) the
share capital, for a company incorporated under the Companies (Jersey)
Law 1991;
(aa) the LLC interest,
for a limited liability company registered under the Limited Liability Companies (Jersey) Law 2018;
(b) the
partnership interest, for –
(i) an
incorporated limited partnership formed under the Incorporated Limited
Partnerships (Jersey) Law 2011,
(ii) a
limited liability partnership formed under the Limited Liability
Partnerships (Jersey) Law 2017,
(iii) a
limited partnership formed under the Limited Partnerships (Jersey)
Law 1994, or
(iv) a
separate limited partnership formed under the Separate Limited Partnerships
(Jersey) Law 2011.[5]
4 Meaning
of relevant income of dependent student
(1) This Article applies
where –
(a) a
dependent student does not live in his or her main residence in Jersey with a
parent and a relevant person; or
(b) a
dependent student lives in his or her main residence in Jersey with a parent
and a relevant person and that parent and the student’s other parent have
agreed that the student’s relevant income should be determined in
accordance with this Article.
(2) The relevant income in
respect of a dependent student for an academic year is the gross income of the
student’s parents for the calendar year preceding the calendar year in
which the academic year commences.
(3) If a parent dies during
an academic year, the amount of that parent’s income taken into
consideration for the academic year is reduced by a portion equivalent to the
unexpired portion of the academic year.
(4) If, as the result of an
event beyond the control of the parents, the parents’ income for the
calendar year in which the academic year for the course commences is likely to
be 80% or less of their income for the preceding calendar year, the relevant
income of the student may be determined by reference to the parents’
gross income for the calendar year in which the academic year for the course
commences.
(5) The income of a parent
is disregarded if –
(a) the
parent dies before the commencement of the academic year;
(b) the
parent cannot be found, or it is not reasonably practicable to get in touch
with the parent; or
(c) the
student is the subject of any order committing the student to the care of the Minister
for Children and Families made under the Children (Jersey)
Law 2002 or, before attaining full age, was so subject.[6]
(6) The whole or any part
of the income of a parent may be disregarded if the family circumstances of the
student are such that it would be unfair to the student not to do so.
(7) Where Article 6A (meaning of relevant income of certain dependent
students living with a single parent) applies, this Article has effect with the
modifications specified in Article 6A(5).[7]
5 Meaning
of relevant income of dependent student living with “relevant person”
(1) This Article applies in
the case of a dependent student who lives in his or her main residence in
Jersey with a parent and a relevant person unless Article 4(1)(b) applies.
(2) A “relevant
person” is, for the purposes of Article 51(e)(iii) of the Law
(grants and loans), a person who –
(a) is
not a parent of the dependent student;
(b) is
married to, or is in a marriage-like relationship with that student’s
parent or has formed a civil partnership, or is in a civil partnership-like
relationship with that student’s parent; and
(c) is living
with a parent of that student.
(3) The relevant income for
an academic year in respect of a dependent student is the sum of the gross income
of the student’s parent and the gross income of the relevant person for
the calendar year preceding the calendar year in which the academic year
commences.
(4) For the purposes of
determining a relevant person’s income, there is deducted any amount
payable by the relevant person, whether pursuant to an order of a court or any
other agreement, for the maintenance of any person dependent on the relevant
person.
(5) In paragraph (4)
the reference to “any person dependent on the relevant person” does
not include the dependent student to whom this Article applies or the parent with
whom he or she is living.
(6) If the relevant person
dies during the academic year, the amount of that person’s income which
has been applied for the purposes of calculating the dependent student’s
relevant income for an academic year under paragraph (3), is reduced by a
portion equivalent to the unexpired portion of that academic year.
(7) The income of a
relevant person is disregarded if –
(a) the
relevant person dies before the commencement of the academic year; or
(b) the
student is the subject of any order committing the student to the care of the Minister
for Children and Families made under the Children (Jersey)
Law 2002 or, before attaining full age, was so subject.[8]
6 Meaning
of relevant income of independent student
(1) The relevant income in
respect of an independent student for an academic year is the sum of –
(a) the
student’s gross income for the calendar year in which the academic year
starts; and
(b) if –
(i) the
student is married, the student’s spouse’s gross income for the
calendar year in which the academic year starts,
(ii) the
student is in a civil partnership, the student’s civil partner’s gross
income for the calendar year in which the academic year starts, or
(iii) the
student is living with a partner in a marriage-like relationship or a civil
partnership-like relationship, the student’s partner’s gross income
for the calendar year in which the academic year starts.
(2) Despite paragraph (1)(b),
the income of a student’s spouse or civil partner, as the case may be, is
not taken into account during any part of the calendar
year when the student is not married or in a civil partnership, or is not
living in a married relationship or in a civil partnership relationship.
6A Meaning of relevant income of certain
dependent students living with a single parent [9]
(1) This Article applies
where –
(a) a
dependent student lives with a single parent;
(b) an
application for a grant for a course is made, in respect of the student, for an
academic year beginning on or after 1st September 2022 (the “grant
application year”);
(c) the
student was eligible under Part 2 for consideration for, and had applied for, a
grant in respect of that course (whether or not the grant was
awarded) –
(i) in
the 2021 academic year, and
(ii) where
the grant application year begins on or after 1st September 2023, in each other
academic year beginning on or after 1st September 2022 but preceding the grant
application year;
(d) the Education (Grants and
Allowances) (Academic Year 2021-2022) (Jersey) Order 2021 applied for the purposes of
determining the relevant income of the dependent student for the 2021 academic
year; and
(e) none
of the circumstances mentioned in sub-paragraphs (a) to (c) of
Article 29 have arisen in relation to the student and the course.
(2) For
the purposes of paragraph (1)(a) a student “lives with a single
parent” if –
(a) the
student lives in their main residence in Jersey with one parent (the
“single parent”); and
(b) no
other parent or relevant person also lives in that main residence.
(3) Two different courses
in higher education that would together lead to a single qualification are to
be treated, for the purposes of paragraph (1), as if they were the same
course.
(4) Where this Article
applies, the relevant income in respect of the dependent student for the grant
application year is the single parent’s gross income for the calendar
year preceding the calendar year in which the grant application year begins.
(5) Article 4 has
effect in relation to the dependent student with the following
modifications –
(a) paragraph (2)
is disregarded (and paragraph (4) of this Article applies instead);
(b) paragraphs (3)
to (6) have effect as if each reference (however expressed) to a parent, or the
parents, of the dependent student were a reference to the single parent.
(6) In this Article,
“2021 academic year” means the academic year beginning on 1st
September 2021.
6B Status
of examples[10]
(1) An example provided in
this Order is part of the text of the Order.
(2) But an example does not
limit the provisions to which it relates.
Part 2
ELIGIBILITY FOR GRANT
7 General
rules for eligibility
(1) A student is not
eligible for consideration for a grant under this Part unless –
(a) the
student is resident in Jersey; and
(b) on
the relevant date for the first academic year of the course to be undertaken by
the student, the student is over compulsory school age.
(2) A student who has
undertaken the whole or part of a course for which a grant is available is not
eligible to be considered for a grant of the same description in respect of
another course at or beneath the level of the original course whether or not
the student received a grant for the original course or part of it.
8 Eligibility
for higher education grant[11]
(1) A student is eligible
for consideration for a grant for a full-time or part-time course in higher
education if the institution providing the course confirms that the student has
been offered a place on the course.
(2) A student is not
eligible for consideration for a grant under this Article if the student has
previously received –
(a) a
grant under Article 9 (professional
examinations); or
(b) a
grant under Article 11 (distance learning).
8A Exception to non-eligibility for a grant in
respect of certain courses[12]
(1) This Article applies to
a student who is not eligible for consideration for a grant by virtue of
Article 7(2) or under Article 8 but who –
(a) in
respect of an academic year preceding the 2023 academic year, was
undertaking a course provided by an institution specified in the table in
paragraph (2) and is enrolled or intends to be enrolled on the same course
for the 2023 academic year; or
(b) in
respect of the 2023 academic year, has been offered a place on a course
provided by an institution specified in the table in paragraph (2).
(2) A student is eligible
for consideration for a grant in respect of the 2023 academic year of a
course specified in the table and each subsequent academic year of that
course –
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1
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Bachelor of Arts (Hons) Social Work
(Jersey)
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University of Plymouth partnered with Highlands College
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2
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Bachelor of Arts (Hons) Social Work
(Jersey)
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University of Sussex partnered with Highlands College
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3
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Bachelor of Nursing (Hons) Adult Nursing
|
University of Chester partnered with the relevant States body
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4
|
Bachelor of Nursing (Hons) Mental Health
Nursing
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University of Chester partnered with the relevant States body
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5
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Bachelor of Science/Bachelor of Science (Hons) Nursing –
Adult
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Robert Gordon University partnered with the relevant States body
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6
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Bachelor of Science/Bachelor of Science (Hons) Nursing –
Mental Health
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Robert Gordon University partnered with the relevant States body
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7
|
Bachelor of Science/Bachelor of Science (Hons) Nursing –
Children and Young People
|
Robert Gordon University partnered with the relevant States body
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8
|
Bachelor of Science Midwifery
|
Robert Gordon University partnered with the relevant States body
|
(3) In this Article “relevant
States body” means a States body as defined by the Public Finances (Jersey)
Law 2019 responsible for
discharging functions relating to health.
9 Professional
examinations
(1) A student is eligible
for consideration for a grant in respect of a full-time course of postgraduate
education in preparation for a professional examination at a higher level.
(2A) A student who has previously received
a grant under Article 11 is eligible for consideration for a grant under
this Article.[13]
(2) For the purpose of paragraph (1),
“professional examination at a higher level” has the same meaning
as in paragraph 1(g) of Schedule 2 to the Law (course of higher
education).
10 Vocational
arts[14]
A student is eligible for consideration for a grant for a one year full-time course at level 3 in an arts-related
subject in the British Islands provided that the student has not previously
been awarded a grant for a course under this Part.
11 Distance
learning
(1) A student is eligible
for consideration for a grant in respect of a distance learning course, of an
amount calculated in accordance with Article 17.[15]
(2) A student is not
eligible for consideration for a grant under this Article if the student has
already been awarded a grant for a course in higher education under this Part.
(3) A “distance
learning course” is a course in respect of which a student is not
required to attend a particular place for its provision.
Part 3
AMOUNT OF GRANT
12 Interpretation
(1) In this
Part –
“clinical component grant” means a grant for an academic
year awarded under Article 15;
“maintenance grant” means a grant for an academic year,
awarded under Article 13B or 13C
for the purposes of assisting a student to pay for their living costs incurred
while undertaking a course that is not a distance learning
course;
“tuition fees grant” means a grant for an academic year awarded
under Article 13 for the payment of tuition fees.[16]
(2) In this Part,
“student’s category” means the category assigned to a student
according to the student’s description in the following
table –
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Dependent student undertaking a course
elsewhere than in Jersey
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A
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Dependent student undertaking a course in
Jersey
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B
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Independent student undertaking a course in Jersey or elsewhere
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C[17]
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12A Relevant assets
exceeding £500,000[18]
If the value of a
student’s relevant assets exceeds £500,000, the
student’s relevant income is deemed to be £200,000 or more for
the purposes of an award of a –
(a) tuition
fees grant;
(b) maintenance
grant; or
(c) clinical component grant.
13 Tuition
fees grant[19]
(1) A
dependent student or an independent student may be awarded a tuition fees grant for a course that is not a distance learning course, whether the
course is undertaken in Jersey or elsewhere.
(2) The
table specifies the amount of tuition fees grant that may be awarded according
to a student’s relevant income –
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1
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less
than £110,000
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£9,250
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2
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£110,000 or more but less
than £120,000
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£8,325
|
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3
|
£120,000 or more but less
than £130,000
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£7,400
|
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4
|
£130,000 or more but less
than £140,000
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£6,475
|
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5
|
£140,000 or more but less
than £150,000
|
£5,550
|
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6
|
£150,000 or more but less
than £160,000
|
£4,625
|
|
7
|
£160,000 or more but less
than £170,000
|
£3,700
|
|
8
|
£170,000 or more but less
than £180,000
|
£2,775
|
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9
|
£180,000 or more but less
than £190,000
|
£1,850
|
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10
|
£190,000 or more but less
than £200,000
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£925
|
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11
|
£200,000 or
more
|
£0
|
13A [20]
13B Maximum
maintenance grant if relevant income is less than £50,000[21]
A
student whose relevant income is less than £50,000 may be awarded the
maximum maintenance grant specified in the table –
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A
|
£8,572
|
£8,915
|
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B
|
£8,011
|
£8,331
|
|
C
|
£8,572
|
£8,915
|
13C Maintenance grant if relevant income is between
£50,000 and £89,999.99[22]
(1) A
student whose relevant income is £89,999.99 may be awarded the minimum
maintenance grant specified in the table –
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A
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£1,715
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£1,784
|
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B
|
£1,603
|
£1,667
|
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C
|
£1,715
|
£1,784
|
(2) A
student whose relevant income is between £50,000 and £89,999.99 may
be awarded a maintenance grant (“MG”) of an amount calculated using
the following formula –
(3) In
the formula –
“MAG” means the
maximum maintenance grant that would be awardable if Article 13B applied to the student instead of paragraph (2);
“MIG” means the
minimum maintenance grant that would be awardable if paragraph (1) applied
to the student instead of paragraph (2);
“Z” means the
student’s relevant income.
(4) For
example, the maintenance grant (“MG”) for the 2024 academic year
awarded to a dependent student who is undertaking a course outside of Jersey
(category A), and who has a relevant income of £65,000, would be
calculated as follows –
13D London component
increase[23]
(1) This
Article applies if a student is –
(a) undertaking
a course at an institution located in London; and
(b) awarded
a maintenance grant.
(2) If
this Article applies, the student’s maintenance grant is increased by 10%.
(3) If
a student is also awarded a clinical component grant or
an allowance under Part 4, the percentage increase specified in
paragraph (2) must not be applied to that grant or allowance.[24]
(4) The
location of a student’s accommodation is immaterial for the purposes of
this Article.
(5) An
institution is located in London if it is situated within a postcode contained
in a publication, issued by the UK Office for National Statistics, setting out
postcode areas for London.
14 Clinical
courses
(1) In this
Article –
“clinical year” means an academic year that forms part
of a course in medicine, dentistry, veterinary science, or a related subject
and includes a period of study by way of clinical training;
“non-clinical year” means a year that is not a clinical
year.
(2) For a clinical year of
a course falling within paragraph (3), the amount of grant that may be
made to a student in respect of tuition fees is such amount as the Minister
considers appropriate, provided that it is not less than the tuition fees grant.[25]
(3) A course falls within
this paragraph if –
(a) at
least one clinical year and at least one non-clinical year form part of the
course;
(b) the
actual cost of tuition fees for a non-clinical year exceeds the tuition fees
grant; and
(c) the
actual cost of tuition fees for a clinical year exceeds the tuition fees grant
by an amount which appears disproportionate to the Minister in relation to any
other course in medicine, dentistry, veterinary science or a related subject.[26]
(4) For a clinical year of
a course that does not fall within paragraph (3), the tuition fees grant
is increased to the actual cost of tuition fees for that year.[27]
15 Clinical
component grant[28]
(1) This
Article applies if –
(a) a
student is undertaking a course in medicine, dentistry, nursing or veterinary
science; and
(b) the
student’s relevant income is less than £100,000.
(2) The
student may be awarded the clinical component grant specified in the
table –
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A
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£1,143
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£1,189
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B
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£1,068
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£1,111
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C
|
£1,143
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£1,189[29]
|
16 Arts
foundation courses[30]
The tuition fees grant for a one year
full-time course at level 3 in an arts-related subject is limited to the
actual cost of tuition fees for an equivalent course provided by Highlands
College.
17 Distance
learning course grant[31]
A student undertaking a
distance learning course may be awarded, for an academic year, a grant of an
amount that is the lesser of –
(a) the
percentage of the course tuition fees, calculated by reference to the
student’s relevant income, specified in the table; and
(b) £7,400.
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Less than £50,000
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80%
|
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£50,000 or more but less
than £55,000
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60%
|
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£55,000 or more but less
than £60,000
|
40%
|
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£60,000 or more but less
than £65,000
|
20%
|
|
£65,000 or more
|
0%
|
18 [32]
19 Reduction
of grant to take account of child allowance
(1) In this
Article –
(a) “Article 95(1)(b)
or (2)” means Article 95(1)(b) or (2) (children) of
the 1961 Law;
(b) “entitlement”
means, subject to paragraph (2), a person’s entitlement in a
relevant year in respect of a relevant student to an exemption threshold
increase and deduction under Article 95(1)(b) or (2), including
entitlement under any other provision in the 1961 Law which arises by
virtue of an entitlement under Article 95(1)(b) or (2);
(c) “relevant
student” means a dependent student for an academic year in respect of
which an application for a grant is made;
(d) “relevant
year” means the calendar year for which the relevant income in respect of
the relevant student is calculated under this Order;
(e) “person A”
means a person who, for all or part of a relevant year, has an entitlement.
(2) For the purposes of
paragraph (1)(b) a person’s entitlement does not
include –
(a) entitlement
which the person has relinquished under Article 95(2) of
the 1961 Law;
(b) any
portion of that entitlement to which another person is entitled following
apportionment under Article 95 of the 1961 Law; or
(c) entitlement
which arises under Article 98A of the 1961 Law
(additional allowance in respect of children).
(3) Paragraph (4)
applies if –
(a) person A
is a relevant person who is married to or in a civil partnership with the
student’s parent and the student’s relevant income is calculated
under Article 4 or 5;
(b) person A
is a relevant person who –
(i) is not married or in a civil
partnership with the student’s parent,
(ii) lives
in the student’s main residence in Jersey,
and the student’s relevant income is calculated under Article 5;
(c) person A
is a parent of the student and the student’s relevant income is
calculated under Article 4;
(d) person A
is a parent of the student who lives with the student in the student’s
main residence in Jersey and the student’s relevant income is calculated
under Article 5.
(4) Subject to paragraph (7),
the tuition fees grant payable to a dependent student is reduced by
A – B where –
(a) A is
the amount of person A’s tax liability for a relevant year calculated
without taking into account the amount of person
A’s entitlement;
(b) B is
the amount of person A’s tax liability for a relevant year
calculated taking into account the amount of
person A’s entitlement.[33]
(5) If more than one person
meets a description of person A in respect of a student, the tuition fees
grant payable to the student is reduced by each amount calculated under
paragraph (4) in respect of each person A.[34]
(6) [35]
(7) Where the amount of
A – B under paragraph (4) is greater than the tuition fees
grant, the tuition fees grant is £0.[36]
20 Reduction
of grant in respect of 4 year
courses
(1) This Article applies in
respect of a 4 year full-time course in higher
education where an equivalent 3 year full-time course may be undertaken
instead.[37]
(2) This Article does not
apply in respect of –
(a) a 4 year full-time course where for one year of the
course the student is required to attend a place other than the institution at
which the student is required to attend for the other 3 years of the
course;
(aa) a 4 year full-time course that began before the 2024 academic
year; or
(b) a
distance learning course.[38]
(3) If this Article
applies, the amount of tuition fees grant or
maintenance grant awardable to a student are each reduced by 25%.[39]
(4) The 25% reduction
in the amount of tuition fees grant must be applied to the amount of the
tuition fees grant after a reduction, if any, is applied under Article 19.[40]
20A Reduced maintenance grant in respect of part-time
courses[41]
(1) This Article applies if
a student is –
(a) undertaking
a part-time course; and
(b) awarded
a maintenance grant.
(2) But,
this Article does not apply if a student is –
(a) undertaking
a part-time course that began in respect of an academic year that preceded the
2023 academic year; and
(b) eligible
for consideration for a grant in respect of the 2023 academic year of that
part-time course and each subsequent academic year of that course.
(3) If this Article
applies, because the course is not a full-time course, a percentage of the full
amount of the maintenance grant is awardable instead.
(4) The percentage of the
full amount of the maintenance grant is calculated by reference to
the number of years the full-time course would take to complete as an
equivalent part-time course, as set out in the table –
|
|
|
|
|
1
|
2
|
50%
|
|
2
|
3
|
67%
|
|
2
|
4
|
50%
|
|
3
|
4
|
75%
|
|
3
|
5
|
60%
|
|
3
|
6
|
50%
|
|
4
|
5
|
80%
|
|
4
|
6
|
67%
|
|
4
|
7
|
57%
|
(5) For the calculation of
the percentage amount of maintenance grant awardable in respect of a course of
a length not set out in the table, the percentage is calculated by dividing the
length of the full-time course in years by the length of the equivalent part-time
course in years.
(6) An increase under
Article 13D (London component increase), if any,
is to be applied after the calculation has been made of the percentage amount
of maintenance grant awardable.
(7) A clinical component
grant is awardable in full even if it is awarded in respect of a part-time
course.[42]
(8) In this Article
“full amount of the maintenance grant” means the amount of the
maintenance grant awardable under Article 13B or
13C.
Part 4
ALLOWANCES
21 Skills
bursary allowance
(1) A
student is eligible for consideration for an allowance in respect of a
full-time course in a place other than in Jersey if –
(a) on
the relevant date for the first academic year of the course to be undertaken by
the student, the student has not attained 19 years of age;
(b) either –
(i) an
equivalent course is not available in Jersey, or
(ii) an
equivalent course is available in Jersey and –
(A) it is a
requirement of the institution providing the course outside Jersey that the
student receives training for the development of a skill or takes part in other
opportunities for such development, and
(B) the
equivalent of such training or opportunities is not available in Jersey; and
(c) upon
successful completion of the course the student will gain a level 2
or 3 qualification.
(d) the
duration of the course does not exceed 2 years.[43]
(2) The
allowance payable under this Article is £6,675 per academic year.
22 Interview
attendance allowance
(1) A student may be paid
an allowance to attend an interview for a course of higher education.
(2) A student must not be
paid more than one interview attendance allowance.
(3) The amount paid is
repayable as a debt if a student –
(a) is
paid an interview attendance allowance; and
(b) is
subsequently found not to be eligible to be awarded a grant for that course by
reason of relevant income.
(4) The interview
attendance allowance for a student is the actual travel costs to be incurred by
the student for the purposes of attending the relevant interview, subject to a
maximum of £258.
(5) However, the interview
attendance allowance is £0 where –
(a) the
relevant income is £50,000 or more; or
(b) the
relevant assets in respect of the student exceed £500,000.[44]
23 Disabled
student allowance
(1) A student with a
disability may be paid a disabled student allowance if the student meets the
requirements of Article 7(1) and is eligible for consideration
for –
(a) a
grant under Article 8 or 8A; or
(b) an
allowance under Article 21.[45]
(2) Subject to paragraphs (4)
to (7), the allowance may be awarded in respect of all or part of any costs
that are referred to in paragraph (3) and are incurred by the student, by
virtue of his or her disability, to attend and undertake his or her course
(regardless of whether he or she has been awarded a grant or allowance for it).
(3) The costs
are –
(a) the
costs of the services of a non-medical helper;
(b) the
cost of purchasing or hiring specialist equipment; and
(c) any
other reasonable costs, other than travel costs.
(4) The allowance in
respect of the costs of the services of a non-medical helper is the amount of
the actual costs subject to a maximum amount equivalent to the costs for
providing such services for an hour during each week of the course.
(5) The maximum amount
referred to in paragraph (4) may be waived in exceptional circumstances
where the Minister thinks it appropriate to do so.
(6) The allowance in
respects of the cost referred to paragraph (3)(b) is payable only if the
relevant income applicable to a student is less than £90,000 per year.
(7) The allowance for the
costs of purchasing or hiring specialist equipment is the amount of the actual
costs subject to a maximum of £5,151.
24 Vacation
study allowance
(1) A student who has been
awarded a grant for a course in higher education may be paid a vacation study
allowance if paragraph (2) applies.
(2) This paragraph applies
if the institution providing the course in respect of which the grant was
awarded confirms that attendance outside term time at that institution or
another institution is a requirement for all students attending the course.
(3) The amount of the
allowance must not exceed –
(a) £18.11
a day if the institution attended by the student outside term time is in the
British Islands; or
(b) £22.24
a day if it is elsewhere.
(4) An allowance must not
be paid under this Article unless –
(a) an
application that complies with Article 26 (Applications for grants and
allowances) has been made for the allowance before the student attends for the
vacation study; or
(b) the
student satisfies the Minister that there is an exceptional reason why an
application that complies with Article 26 has not been made before that
time.
25 Field
trip allowance
(1) A student who has been
awarded a grant for a course in higher education may be paid an allowance if
paragraph (2) applies.
(2) This paragraph applies
if –
(a) the
student attends during term time a place for a specific purpose designed to
enhance the benefit of the course (attendance by such a student being referred
to in this Article as a “field-trip”);
(b) the
place referred to in sub-paragraph (a) is other than at the institution
providing the course in respect of which the grant was awarded;
(c) the
institution providing the course in respect of which the grant was awarded
confirms that it is not a requirement for all students attending the course to
participate in the field-trip.
(3) The amount of the
allowance must not exceed, for each day that the student does so attend,
whichever is the lower of –
(a) £18.11
a day if the place is in the British Islands, or £22.24 a day if it is
elsewhere; or
(b) the
amount reasonably incurred by the student as expenses in attending the field
trip, that are in addition to the expenses incurred by the student in attending
his or her course.
(4) An allowance must not
be paid under this Article unless –
(a) an
application that complies with Article 26 (applications for grants and
allowances) has been made for the allowance before the student attends the
field trip; or
(b) the
student satisfies the Minister that there is an exceptional reason why an
application that complies with Article 26 has not been made before that
time.
Part 5
GENERAL PROVISIONS FOR GRANTS AND ALLOWANCES
26 Applications
for grants and allowances
(1) An application for a
grant or an allowance must be made –
(a) in
the case of a dependent student, by the student’s parents or, where the
student is ordinarily resident with one parent, that parent;
(b) in
the case of an independent student, by the student; and
(c) not
later than 31st December of the academic year to which the application
relates.
(2) An application for a
grant or an allowance must be accompanied by –
(a) proof
of eligibility for consideration for the grant or allowance;
(b) subject
to paragraph (3) details of relevant income and relevant assets; and
(c) in
the case of an application for a disabled student allowance, medical evidence
in respect of the disability, such evidence having been obtained by a person
authorized by an administration of the States for which the Minister is
assigned responsibility; and
(d) such
evidence as the Minister requires to determine any question connected to an
application by a parent of a dependent student who is living with a relevant
person.
(3) The details of relevant
income and relevant assets referred to in paragraph (2)(b) must be
submitted in such form as the Minister may require by not later than
31st March of the academic year to which the application relates.
(4) Consideration of an
incomplete application must be suspended until all the necessary supporting
evidence has been supplied.
(5) A student may be
required to produce evidence of expenditure for which a grant or allowance has
been, or is to be, awarded or paid.
(6) If –
(a) a
person provides information to establish the eligibility of a student for
consideration for a grant or an allowance, or to calculate the amount of a
grant or an allowance; and
(b) the
facts on which the information was based change so that the information is no
longer accurate,
the person must, as soon as practicable, provide details of the
change together with such other evidence of the change as the Minister
requires.
(7) If an application for a
grant or an allowance is refused in whole or in part, the applicant must be
given written notice of the reasons for the refusal.
27 Information
provided by the Comptroller of Taxes
(1) The Comptroller of
Taxes may use information held by him or her under the 1961 Law for
the purpose of calculating the amount of any reduction required under Article 19
(reduction of grant to take account of child allowance).
(2) The Comptroller of
Taxes may disclose to the Minister information relating to that calculation and
any other information held by the Comptroller of Taxes under the 1961 Law
for the purpose of enabling the Minister to ascertain or verify the correct
amount of a grant or allowance that may be awarded under this Order, including
enabling the Minister to verify the accuracy of any information provided by an
applicant to the Minister under Article 26.
28 Period
of grant or allowance
(1) An award of a grant or
the payment of an allowance normally ends when the course to which it relates
would ordinarily be completed.
(2) However, a grant or an
allowance may be transferred from one course to another.
(3) A transfer from one
course to another means –
(a) a
transfer from one course to another where both courses are run by the same
institution; or
(b) a
transfer from a course run by one institution to the same course run by another
institution.
(4) Paragraph (5)
applies where –
(a) a
grant or an allowance is transferred from one course to another course; and
(b) all
or any part of the course from which the student has transferred is not treated
by the institution running the second course as forming part of the second
course.
(5) The student is not
eligible for the grant or allowance in respect of the duration of all or any
part of the first course that does not form part of the second course.
(6) Despite paragraph (1),
an award of a grant or the payment of an allowance may be extended
if –
(a) because
of ill health or other extenuating circumstances, the student does not complete
the course within the period ordinarily required; and
(b) sufficient
evidence of the ill health or the extenuating circumstances is provided to the
Minister.
(7) A grant or allowance
may be suspended or deferred if –
(a) the
institution running the course allows the student to suspend or defer the
course for a continuous period not exceeding 2 years; and
(b) the
student or the institution notifies the Minister in writing of the suspension
or deferral of the course.
(8) The suspension or
deferral under paragraph (7) may continue until whichever is the soonest
of the following –
(a) the
date on which the student resumes the course, when the grant or allowance may
be reinstated, with the period of suspension or deferral being disregarded for
the purpose of paragraph (1);
(b) the
date on which the grant or allowance is withdrawn or stopped under Article 29,
or is withdrawn under Article 33; or
(c) the
date 2 years after the start of the suspension or deferral, when the grant
or allowance may be withdrawn or stopped.
29 Withdrawal
of grant or allowance in cases of failure etc.
If, at any time after a grant has been awarded or an allowance has
been paid to a student in respect of a course –
(a) the
student abandons the course;
(b) the
student fails all or any part of the course; or
(c) the
institution providing the course refuses to allow the student to complete it,
that grant or allowance must be withdrawn or stopped
and the grant or allowance is repayable under the terms of the undertaking
given under Article 31.
30 Payment
of grant or allowance
A grant or an allowance in respect of a course may be the subject of
any of the following –
(a) payment
in instalments;
(b) provisional
payment pending determination of the amount payable to the student for an
academic year;
(c) payment
to the institution providing the course.
31 Undertaking
to repay grant or allowance
(1) An award of a grant or
the payment of an allowance in respect of a course must not be made until the
student or, where the student is under the age of 18, one of the
student’s parents, gives a written undertaking –
(a) to
repay any overpayment of the grant or allowance; and
(b) to
repay the whole or any part of the grant or allowance if it is withdrawn or
stopped under Article 29; or
(c) to
repay, if required, the whole or any part of the grant or allowance if it
is –
(i) withdrawn
or stopped under Article 28(8)(c), or
(ii) withdrawn
under Article 33.
(2) An undertaking to repay
a grant or allowance may be waived if sufficient evidence of the
student’s ill health or other extenuating circumstances is provided.
32 Reduction
of grant or allowance where not in full-time attendance
(1) This Article applies
if, for any part of an academic year, in respect of a full-time course, a
student is not in full-time attendance –
(a) at
the institution at which the relevant course is undertaken; or
(b) at
any other place that the student is required, by that institution, to attend.
(2) The amount of any grant
or allowance that would otherwise be payable to the student must be reduced by
a portion equivalent to the portion of the academic year for which the student
is not in full-time attendance.
33 Grant
or allowance may be suspended or withdrawn
(1) At any time after a
grant has been awarded or an allowance has been paid to a student in respect of
a course, that grant or allowance may be suspended or
withdrawn if –
(a) it
appears to the Minister that any evidence, document or information required
under Article 26 (applications for grants and allowances) is inaccurate,
false or misleading, and is connected with an attempt by any person to mislead
the Minister in relation to his or her decision to award the grant or pay the
allowance;
(b) the
student is temporarily excluded from a course by the institution running it, or
is absent from a course without the permission of the institution; or
(c) details
of a change required to be provided under Article 26(6) in respect of the
student have not been provided.
(2) Where a grant is
suspended or withdrawn under paragraph (1), the grant or allowance may be
repayable under the terms of the undertaking given under Article 31.
34 Appeals
panel
(1) There is established a
panel to hear and determine appeals against decisions made under this Order.
(2) Its members
are –
(a) the
Chief Officer, or an officer nominated by the Chief Officer, in an
administration of the States for which the Minister is assigned responsibility;
(b) the
Minister or a person nominated by the Minister; and
(c) a
person, nominated by the Minister, who is independent of any administration of
the States for which the Minister has been assigned responsibility.
(3) When hearing an appeal the panel must not include a person involved in
making the decision appealed against.
(4) A person aggrieved by a
decision made under this Order may appeal to the panel against the decision.
(5) An appeal under
paragraph (4) may only be made if either or both of the following are
disputed –
(a) the
facts upon which the decision was based; or
(b) the
law applied in reaching the decision.
(6) The appeal –
(a) must
be made in writing; and
(b) must
be made within 2 months after the student is informed of the decision, or
within such further period as the panel may allow having regard to the
circumstances.
(7) The panel
may –
(a) confirm
the original decision;
(b) quash
the decision; or
(c) substitute
for the decision any decision that could have been made under this Order.
Part 6
Repeals, Transitional and Savings provisions and closing
35 [46]
36 [47]
37 Citation
This Order may be cited as the Education (Grants and Allowances)
(Jersey) Order 2018.