Contents

Part 1

Part 2

Part 3

THE MINISTER FOR EDUCATION AND LIFELONG LEARNING makes this Order under Articles 5(2), 51 and 68 of the Education (Jersey) Law 1999 –

1.       The descriptions of courses referred to in Article 5 are as follows –

(a)     a course providing education at a level higher than the level of –

(i)      the advanced level for the General Certificate of Education; or

(ii)      a qualification equivalent to the advanced level for the General Certificate of Education;

(b)     a course for the further training of teachers or youth and community workers.

2.       The Minister may determine whether or not a course meets the level described in paragraph 1(a), and in doing so may consider the Regulated Qualifications Framework for England, Wales and Northern Ireland or an equivalent framework in the British Islands.

“credit” means a unit of learning that is awarded in recognition of achievement of learning outcomes at a specified level;

“course” means a structured series of modules that require study at a particular level, leading to a qualification;

“degree programme” means an academic qualification (for example, a bachelor’s or master’s degree or equivalent), which –

(a)     is achieved by completing courses or modules over time; and

(b)     is awarded by an institution that is authorised by an appropriate body to award degree qualifications;

“higher education” –

(a)     means a course described in Schedule 2 to the Law; but

(b)     does not include a course at postgraduate level unless provided for by Article 9 (professional examinations);

“module” means a segment of a course that –

(a)     is self-contained, formally structured and credit bearing; and

(b)     has an explicit set of learning outcomes and assessment criteria;

(2)     But the income of a student’s spouse, civil partner or partner is not taken into account during any part of the calendar year that the student is not –

(a)     married or in a civil partnership; or

(b)     living in a marriage-like relationship or in a civil partnership-like relationship.

(3)     The whole or any part of the income of a student or of their spouse, civil partner or partner may be disregarded if the student’s family circumstances mean that it would be unfair to the student not to do so.

(3)     A student is eligible for consideration for a grant for a full-time or part-time course in higher education only if –

(a)     in the opinion of the Minister, the educational provision is of a suitable standard; and

(b)     the qualification is awarded by an institution regulated by the appropriate body designated for that purpose by the government in the country or territory in which the institution is established.

(4)     When determining whether a student is eligible for consideration for a grant for a course in higher education, the Minister may do any of the following –

(a)     consider the outcome of an assessment or rating applied to the institution by the appropriate body designated for that purpose by the government in the country or territory in which the institution is established;

(b)     if a course is not delivered in the British Islands, require the student to provide evidence of the regulated status or qualification level of the course in order for the student to be considered for a grant.

(2)     For the purpose of paragraph (1), a professional examination is at a higher level if its standard is higher than the standard of examinations at advanced level for the General Certificate of Education or the examination for the National Certificate or the National Diploma.

(A1)  The Schedule (distance learning courses) makes provision about grants for students undertaking distance learning courses.

(A2)  For clarity, Articles 4 to 6A and 13 to 13CA do not apply to students undertaking distance learning courses.

13CB Student detained in prison not entitled to maintenance grant

(1)     A student who is detained in prison is not entitled to a maintenance grant during their detention.

(2)     In this Article, “prison” has the meaning given in Article 1(1) (interpretation) of the Prison (Jersey) Law 1957.

(1)     If a grant has been awarded or an allowance has been paid to a student in respect of a course or module, that grant or allowance is withdrawn or stopped if –

(a)     the student abandons the course;

(b)     the student fails all or part of the course; or

(c)     the institution providing the course refuses to allow the student to complete it.

(2)     A grant or allowance withdrawn or stopped under paragraph (1) is repayable under the terms of the undertaking given under Article 31.

(3)     But if a grant or allowance is withdrawn or stopped under paragraph (1)(a), the portion of the grant or allowance relating to a course, or part of a course, that the student has successfully completed is not repayable.

(4)     A student is considered to have successfully completed a course or part of a course only if they can provide evidence of completion in the form of an academic transcript or equivalent issued by the institution providing the course.

Schedule

(Article 11)

Distance learning courses

1        Scope of Schedule

This Schedule applies if –

(a)     a student is undertaking a distance learning course; and

(b)     an application for a grant for that course is made, in respect of the student, for an academic year beginning on or after 1 September 2025.

2        Interpretation of Schedule

In this Schedule –

“credit accumulation and transfer” means a system that –

(a)     enables a student to accumulate credits;

(b)     facilitates the transfer of a student’s credits within and between higher education providers; and

(c)     is specified in the Higher Education Credit Framework for England or an equivalent framework published by the government of any other country or territory;

“student’s category” means the category assigned to a student according to the student’s description in the following table –

3        Meaning of relevant income of dependent student

(1)     This paragraph applies if –

(a)     a dependent student does not live with a parent and a relevant person in the student’s main residence in Jersey; or

(b)     a dependent student lives with a parent and a relevant person in the student’s main residence in Jersey, and that parent and the student’s other parent have agreed that the student’s relevant income should be determined in accordance with this paragraph.

(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 student’s first module of the academic year commences.

(3)     If a parent dies during an academic year, the amount of their income that has been applied for the purposes of calculating the dependent student’s relevant income for the academic year is reduced by a portion equivalent to the unexpired portion of that 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 student’s first module of the academic year 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 module commences.

(5)     The income of a parent is disregarded if –

(a)     the parent dies before the student’s first module of the academic year commences;

(b)     the parent cannot be found, or it is not reasonably practicable to contact the parent; or

(c)     the student 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 was the subject of an order before attaining full age.

(6)     The whole or any part of the income of a parent may be disregarded if the student’s family circumstances mean that it would be unfair to the student not to do so.

(7)     If paragraph 6 (meaning of relevant income of certain dependent students living with a single parent) applies, this paragraph has effect with the modifications specified in paragraph 6(5).

4        Meaning of relevant income of dependent student living with relevant person

(1)     This paragraph applies in the case of a dependent student who lives in their main residence in Jersey with a parent and a relevant person, unless paragraph 3(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 in respect of a dependent student for an academic year 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 student’s first module of the academic year commences.

(4)     For the purposes of determining a relevant person’s income, any amount payable by the relevant person (whether under an order of a court or any other agreement) for the maintenance of a person dependent on the relevant person is deducted.

(5)     In sub-paragraph (4), “a person dependent on the relevant person” does not include the dependent student to whom this paragraph applies or the parent with whom the relevant person is living.

(6)     If a relevant person dies during an academic year, the amount of their income that has been applied for the purposes of calculating the dependent student’s relevant income for the academic year 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 student’s first module of the academic year commences; 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 was the subject of an order before attaining full age.

5        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 preceding the calendar year in which the student’s first module of the academic year commences; and

(b)     if –

(i)      the student is married, the student’s spouse’s gross income for the calendar year preceding the calendar year in which that module starts;

(ii)      the student is in a civil partnership, the student’s civil partner’s gross income for the calendar year preceding the calendar year in which that module 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 preceding the calendar year in which that module starts.

(2)     But the income of a student’s spouse, civil partner or partner is not taken into account during any part of the calendar year that the student is not –

(a)     married or in a civil partnership; or

(b)     living in a marriage-like relationship or in a civil partnership-like relationship.

(3)     If a student’s spouse, civil partner or partner dies during an academic year, the amount of their income that has been applied for the purposes of calculating the student’s relevant income for the academic year is reduced by a portion equivalent to the unexpired portion of that academic year.

(4)     If, as the result of an event beyond the control of the student or of their spouse, civil partner or partner, their income for the calendar year in which the student’s first module of the academic year 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 their gross income for the calendar year in which the module commences.

(5)     The whole or any part of the income of a student or of their spouse, civil partner or partner may be disregarded if the student’s family circumstances mean that it would be unfair to the student not to do so.

6        Meaning of relevant income of certain dependent students living with a single parent

(1)     This paragraph applies if –

(a)     a dependent student lives with a single parent;

(b)     an application for a grant for a distance learning course is made, in respect of the student, for an academic year beginning on or after 1 September 2025 (the “grant application year”);

(c)     the student was eligible 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)      in each other academic year beginning on or after 1 September 2022 but preceding the grant application year; and

(d)     none of the circumstances mentioned in Article 29(1)(a) to (c) have arisen in relation to the student and the course.

(2)     For the purposes of sub-paragraph (1)(a) a student lives with a single parent if –

(a)     the student lives in their main residence in Jersey with 1 parent (the “single parent”); and

(b)     no other parent or relevant person also lives in that main residence.

(3)     Two different distance learning courses in higher education that would together lead to a single qualification are to be treated, for the purposes of sub-paragraph (1), as if they were the same course.

(4)     If this paragraph 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)     Paragraph 3 has effect in relation to the dependent student with the following modifications –

(a)     Paragraph 3(2) is disregarded (and sub-paragraph (4) of this paragraph applies instead);

(b)     Paragraphs 3(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 1 September 2021.

7        Eligibility for distance learning course grant

(1)     A student is eligible for consideration for a grant in respect of a distance learning course or module only if –

(a)     the course or module forms part of a degree programme or enables the student to continue to a degree programme at another institution by way of credit accumulation and transfer;

(b)     the institution providing the qualification is regulated by the appropriate body in the British Islands; and

(c)     in the opinion of the Minister, the educational provision is of a suitable standard.

(2)     When determining whether a module, course or degree programme meets the eligibility criteria for student to be considered for a grant, the Minister may do any of the following –

(a)     require a student to provide evidence that the module, course or degree programme meets the standards of credit accumulation and transfer, in order for the student to be considered for a grant;

(b)     consider guidance from a government-designated regulatory or standards-setting body in the British Islands;

(c)     consider the outcome of an assessment or rating applied to the institution by the appropriate body designated for that purpose in the British Islands.

8        Distance learning course tuition fees grant

(1)     For the 2025 academic year, and subsequent academic years, the amount of tuition fees grant that may be awarded to a student undertaking a full-time distance learning course is the lower of –

(a)     the amount that may be awarded to a student in accordance with their relevant income; and

(b)     the actual tuition fee applicable to the course for that academic year.

(2)     The amount of tuition fees grant that may be awarded to a student undertaking a full-time distance learning course, in accordance with their relevant income, (their “full-time tuition fees grant entitlement”) is as follows –

(3)     For the 2025 academic year, and subsequent academic years, the amount of tuition fees grant that may be awarded to a student undertaking a part-time distance learning course (“part-time tuition fees grant”) is determined according to the intensity of the course, based on the number of credits awarded for the course in that academic year, by calculating the following in order –

(a)     the full-time equivalent number of credits for each academic year of a course (“credits per academic year”) is determined as follows –

(b)     the intensity of the course for the particular student (“course intensity”) is determined as follows –

(c)     the part-time tuition fees grant is determined as follows –

(4)     For example, a student has a relevant income of £95,000 and is undertaking a part-time distance learning course. The full-time course has a duration of 3 years and awards a total of 360 credits. During the academic year, the student will study 3 modules that award a total of 60 credits. Their part-time tuition fees grant would be determined as follows –

(5)     The Minister may determine the intensity of a distance learning course by an alternative method if a course does not attract credits.

(6)     If the Minister is unable to reasonably determine the intensity of a course, the Minister may refuse to award a tuition fees grant in respect of that course.

9        Distance learning course maximum maintenance grant if relevant income is less than £52,600

(1)     For the 2025 academic year and for subsequent academic years, a student who is undertaking a full-time distance learning course and whose relevant income is less than £52,600 may be awarded the full-time maximum maintenance grant specified in the following table –

(2)     The amount of maximum maintenance grant that may be awarded to a student undertaking a part-time distance learning course (“part-time maximum maintenance grant”) is determined according to the intensity of the course, based on the number of credits awarded for the course in that academic year, by calculating the following in order –

(a)     the full-time equivalent number of credits for each academic year of a course (“credits per academic year”) is determined as follows –

(b)     the intensity of the course for the particular student (“course intensity”) is determined as follows –

(c)     the part-time maximum maintenance grant is determined as follows –

(3)     For example, a dependent student (category D) has a relevant income of £50,000 and is undertaking a part-time distance learning course. The full-time course has a duration of 3 years and awards a total of 360 credits. During the academic year, the student will study 3 modules that award a total of 60 credits. Their part-time maximum maintenance grant would be determined as follows –

(4)     The Minister may determine the intensity of a distance learning course by an alternative method if a course does not attract credits.

(5)     If the Minister is unable to reasonably determine the intensity of a course, the Minister may refuse to award a maintenance grant in respect of that course.

10      Distance learning course maintenance grant if relevant income is £52,600 or more, but less than £94,680

(1)     For the 2025 academic year and for subsequent academic years, a student who is undertaking a full-time distance learning course and whose relevant income is £94,679.99 may be awarded the full-time minimum maintenance grant specified in the following table –

(2)     For the 2025 academic year and for subsequent academic years, a student who is undertaking a full-time distance learning course and whose relevant income is £52,600 or more, but less than £94,679.99, may be awarded a full-time maintenance grant (“MG”) of an amount calculated using the following formula –

(3)     In the formula –

“MAG” means the maximum full-time maintenance grant that would be awardable if paragraph 9 applied to the student instead of sub-paragraph (2);

“MIG” means the minimum full-time maintenance grant that would be awardable if sub-paragraph (1) applied to the student instead of sub-paragraph (2);

“Z” means the student’s relevant income.

(4)     For example, the full-time maintenance grant (“MG”) awarded to an independent student (category E) who is undertaking a full-time distance learning course, and who has a relevant income of £65,000, would be calculated as follows –

(5)     For the 2025 academic year and for subsequent academic years, the amount of maintenance grant that may be awarded to a student undertaking a part-time distance learning course (“part-time maintenance grant”) is determined according to the intensity of the course, based on the number of credits awarded for the course in that academic year, by calculating the following in order –

(a)     the full-time equivalent number of credits for each academic year of a course (“credits per academic year”) is determined as follows –

(b)     the intensity of the course for the particular student (“course intensity”) is determined as follows –

(c)     the part-time maintenance grant is determined as follows –

(6)     For example, an independent student (category E) has a relevant income of £65,000 and is undertaking a part-time distance learning course. The full-time course has a duration of 3 years and awards a total of 360 credits. During the academic year, the student will study 3 modules that award a total of 60 credits. Their part-time maximum maintenance grant would be determined as follows –

(7)     The Minister may determine the intensity of a distance learning course by an alternative method if a course does not attract credits.

(8)     If the Minister is unable to reasonably determine the intensity of a course, the Minister may refuse to award a maintenance grant in respect of that course.