APPENDIX 1: EXPLANATORY INFORMATION (SI
2008/235)
Education (Student Support) (Amendment) Regulations
2008 (SI 2008/235)
The Committee noted the statement in the Explanatory
Memorandum that "prisoners who received living costs support
under the Regulations whilst in prison and who are released before
the end of their academic year, will not be eligible for living
costs support for the remainder of the academic year as they have
already received living costs support which they did not need."
The Committee raised a number of questions, which are shown below
with answers provided by the Department for Innovation, Universities
and Skills (DIUS):
Question: If prisoners
have already received living costs support which they did not
need, any fault surely lies with whichever Department or authority
paid that support, and not with the prisoners, who did no more
than comply with well-established procedures. Is this DIUS' view?
Answer: The Department's
view is that there was a deficiency in the Regulations which allowed
prisoners to claim maintenance support when they were already
maintained at public expense. That was not the policy intention;
nor is it a proper use of public funds. That deficiency has
now been rectified.
Question: Is it not possible
that any living costs support already received by prisoners will
have been spent before their release, and thus no longer available
to be used after their release? If so, if they will not be eligible
for living costs support for the remainder of the academic year,
does this not run the risk that they will be unable to continue
with their studies?
Answer: Ministers take
the view that prisoners had no need of maintenance support for
higher education before their release. To the extent that
they had received payments whilst they were in prison, and had
no maintenance costs, those sums should be available after release. If
any student suffers financial hardship whilst studying higher
education, they can apply for help from the Access to Learning
Fund, which is administered by Higher Education Institutions.
Question: Is DIUS sure
that any prisoners affected by the Regulations will be financially
capable of completing their studies? If so, how? If not, how is
DIUS' position justified? See also question below.
Answer: Where prisoners
are taking a full-time course the amending Regulations do not
change their eligibility to receive financial support (in the
form of a loan) for their tuition fees which will be repaid after
graduation, in common with all students who take out loans. As
far as maintenance is concerned, the answer above applies.
Question: On 7 February
2008, the Secretary of State for Innovation, Universities and
Skills made a statement which, among other things, said that the
Government had "identified 91 prisoners who have received
a total of £250,000 of repayable maintenance loans, and £120,000
in maintenance grants in the 2007 calendar year." How many
of the 91 will be released in the next 12 months? Will the Regulations
prevent them completing their degree?
Answer: We are currently
undertaking a detailed case-by-case review of all maintenance
payments that have been identified as having been paid to prisoners
undertaking full-time higher education since 1998, and the Secretary
of State has committed to providing further relevant information
to Parliament in due course. Until these investigations are completed,
estimates of the amount of support received by prisoners, and
the number of prisoners concerned, are provisional.
Predicting the number of prisoners who are likely
to be released in the next 12 months is difficult, given the strict
assessment made when releasing an individual on licence. However,
should any prisoners be released between now and the start of
the 2008/09 academic year, the answers above set out how we anticipate
that they will support their studies. The Committee should note
that these Regulations are a short-term measure. From the 2008/09
academic year, we intend that full-time students who spend part
of the academic year in prison will receive maintenance support
on a pro-rated basis, based upon the amount of time that they
spend in custody. This will ensure that each individual receives
an appropriate level of support, depending on his or her particular
circumstances.
Question: On 7 February
the Secretary of State also said that he was "minded to conclude
that support for offenders studying in higher education, which
remains a proper Government objective, should be provided through
regulations made specifically for that purpose." Why have
the new Regulations mentioned by the Secretary of State not been
brought forward already?
Answer: Ministers are
taking time to consider the policy options available to them which
will serve to support the Government's policy to encourage prisoner
education, including higher education where that is appropriate.
The existing Regulations, as amended, and the Regulations for
2008/09 which will be laid shortly, provide adequate provision
for the remainder of this academic year. As explained above, we
are working to ensure that, from the 2008/09 academic year, maintenance
support for prisoners undertaking full-time higher education is
provided on a pro-rated basis.
Department for Innovation, Universities and Skills
29 February 2008
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