
Education
Law and Order (Jersey) Amendment Order 2025
Made 29 May 2025
Coming into
force 5 June 2025
Part 1
Education (Jersey) Law 1999
amended
1 Education (Jersey) Law 1999 amended
This Part amends the Education (Jersey) Law 1999.
2 Schedule 2 (courses of
higher education) amended
(1) For
Schedule 2, paragraph 1 there is substituted –
(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) For
Schedule 2, paragraphs 2 and 3 there is substituted –
Part 2
Education (Grants and Allowances) (Jersey) Order 2018
amended
3 Education (Grants and Allowances) (Jersey)
Order 2018 amended
This Part amends the Education (Grants and
Allowances) (Jersey) Order 2018.
4 Article 1
(interpretation) amended
(1) In
Article 1, after the definition “academic year” there is inserted –
(2) In
Article 1, for the definition “higher education” there is
substituted –
“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);
(3) In
Article 1, in the definition “level”, for “qualifications framework for
England, Wales and Northern Ireland on a web-site maintained by the United
Kingdom government” there is substituted “Regulated
Qualifications Framework for England, Wales and Northern Ireland or an
equivalent framework published by the government of any other country or
territory”.
(4) In
Article 1, after the definition “main
residence” there is inserted –
(5) In
Article 1, in the definition “relevant income”, for “Articles 4, 5,
6, 6A or 12A” there is substituted “Articles 4, 5, 6, 6A, 12A or the
Schedule”.
5 Article 3A (meaning of “income“)
amended
(1) In
Article 3A(1)(c), for “any of the following Laws” there is substituted “either
of the following Laws”.
(2) Article 3A(1)(c)(i)
and (iv) are deleted.
6 Article 6 (meaning of
relevant income of independent student) amended
For
Article 6(2) there is substituted –
(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.
7 Article 8 (eligibility
for higher education grant) amended
After Article 8(2)
there is inserted –
(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.
(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.
8 Article 9 (professional
examinations) amended
For Article 9(2)
there is substituted –
9 Article 11 (distance
learning) amended
(1) Before
Article 11(1) there is inserted –
(2) In
Article 11(1), for “Article 17” there is substituted “the Schedule”.
(3) In
Article 11(3), for “a student is not required to” there is substituted “an institution does not require a student to”.
10 Article 13CB (student
detained in prison not entitled to maintenance grant) inserted
After Article 13CA
there is inserted –
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.
11 Article 17 (distance
learning course grant) deleted
Article 17 is deleted.
12 Article 20 (reduction of
grant in respect of 4-year courses) amended
Article 20(2)(b) is
deleted.
13 Article 29 (withdrawal of
grant or allowance in cases of failure etc.) amended
For the text of Article 29
there is substituted –
(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.
14 Schedule (distance
learning) inserted
After Article 37
there is inserted –
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
(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 –
|
|
Dependent student undertaking a distance
learning course
|
D
|
Independent student undertaking a
distance learning course
|
E
|
3 Meaning of relevant income
of dependent student
(1) This
paragraph applies if –
(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 –
(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.
(a) married
or in a civil partnership; or
(b) living
in a marriage-like relationship or in a civil partnership-like relationship.
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 –
|
|
Less than 115,720
|
9,535
|
115,720 or more but less than
126,240
|
8,583
|
126,240 or more but less than
136,760
|
7,629
|
136,760 or more but less than
147,280
|
6,676
|
147,280 or more but less than
157,800
|
5,722
|
157,800 or more but less than
168,320
|
4,768
|
168,320 or more but less than
178,840
|
3,815
|
178,840 or more but less than
189,360
|
2,861
|
189,360 or more but less than
199,880
|
1,907
|
199,880 or more but less than
210,400
|
954
|
210,400 or more
|
0
|
(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 –
Credits per
academic year =
|
total
number of credits awarded to the full degree qualification
|
|
full-time
duration of full degree qualification (years)
|
(b) the intensity of the
course for the particular student (“course intensity”) is determined as follows –
Course
intensity =
|
credits
to be earned by the student in academic year
|
|
credits
per academic year
|
(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 –
Credits per
academic year =
|
total
number of credits awarded to the full degree qualification
|
|
full-time
duration of full degree qualification (years)
|
(b) the intensity of the
course for the particular student (“course intensity”) is determined as follows –
Course
intensity =
|
credits
to be earned by the student in academic year
|
|
credits
per academic year
|
(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 –

“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 –
Credits per
academic year =
|
total
number of credits awarded to the full degree qualification
|
|
full-time
duration of full degree qualification (years)
|
(b) the intensity of the course
for the particular student (“course intensity”) is determined as follows –
Course
intensity =
|
credits
to be earned by the student in academic year
|
|
credits
per academic year
|
(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.
Part 3
Final provision
15 Citation and commencement
This Order may be cited as the Education Law and Order (Jersey)
Amendment Order 2025 and comes into force 7 days after it is made.
Deputy R.J. Ward of St. Helier Central
Minister for Education and Lifelong Learning