INTRODUCTION STUDENT AWARDS AGENCY FOR SCOTLAND (SAAS) NOT FIT FOR SUPPORT POLICY SAAS is an executive agency of the Scottish Government with responsibility for the assessment of entitlement to and payment of student awards to eligible students in Scotland. We are committed to making payments of the right support to the right person at the right time. We are also committed to ensuring that we provide value for money for the public purse. It is therefore key that we only pay monies to individuals that are entitled to receive support. In certain circumstances, we may take the decision that an individual has lost their entitlement to receive public funding and deem them not fit for support. NOT FIT FOR SUPPORT - LEGISLATION SAAS operates under the legislation provided in the Education (Scotland) Act 1980, The Student Allowance (Scotland) Regulation 1996 and The Education (Student Loans) (Scotland) Regulations 1999 and their subsequent amendments. All student allowances and loans are paid subject to the rules set out within these regulations. The regulations state: 1. Regulation 5 (3) (b) of the Students' Allowances (Scotland) Regulations 2007, as amended the Scottish Ministers shall be satisfied as to the conduct and progress of the holder 2. Regulation 4(4) (a) of the Students' Allowances (Scotland) Regulations 2007, as amended the amount of the determination of an allowance may be revised at any time if the Scottish Ministers think fit having regard to (a) the failure of the holder to comply with the requirements of the allowance;
3. Regulation 7 (4) (b) of the Education (Student Loans) (Scotland) Regulations 2007, as amended Where the conduct of an eligible student has shown the eligible student to be unfitted to receive a loan the Scottish Ministers may determine that that person is no longer eligible for a loan, and on such determination that person shall then cease to be an eligible student. Scottish Ministers can therefore deem the holder of the award, or an individual who would otherwise be eligible for a loan to be not fit for support as a result of their conduct. STUDENT DECLARATION When a student applies to us for funding they will electronically sign (if applying online) a declaration and undertaking which details the rules they must adhere to and penalties that could be imposed if they break the agreement. A similar declaration is made by students applying for a loan. Copies of these declarations for 2012-2013 can be seen below at Annex A and Annex B WHAT CONSTITUTES NOT FIT FOR SUPPORT Examples of scenarios that may result in an individual being deemed not fit for support : The individual s conduct has not been acceptable. The individual has provided inaccurate or incomplete information on the application for student support in a deliberate attempt to receive monies to which they are not entitled. The individual has committed or attempted a fraud against us, their institution and/or another public body. The individual has been asked to repay monies to us and has failed to do so, or has failed to honour a repayment arrangement. The individual has not adhered to conditions of the agreement they entered into when applying to SAAS for their award. (This list is for illustrative purposes only and is not exhaustive. SAAS will make decisions about an individual s suitability to receive or to continue to receive support on a case by case basis.)
DECISION and APPEALS The SAAS Head of Complaints, Compliance and Change acting on behalf of Scottish Ministers can, based on the evidence presented, decide that an individual is not fit for support and place them on the Not Fit for Support Register held by SAAS. The decision will be based on: 1. the individual s failure to comply with the conditions of the allowance or loan; 2. being unsatisfied with the conduct of the applicant; or 3. a combination of 1 and 2. Any individual deemed to be not fit for support has the right of appeal. This appeal should be made in writing directly to the SAAS Chief Executive and give adequate explanation of why the individual should have funding reinstated. The Chief Executive s decision is final. REGISTER A Register of those individuals deemed not fit for support will be held by SAAS and will include the reason(s) the individual has been placed on the register. Once placed on the Register, an individual can only be removed as a result of a successful appeal and any agreed remedial action being completed by the applicant. SAAS September 2012
Annex A Student Declaration and Undertaking for 2012-2013 session When you submitted your application to us you agreed the following. This award is made under the Student Allowances (Scotland) Regulations 2007 (as amended). I understand that all the information I have entered onto my computer record is complete and accurate to the best of my knowledge and belief. The details printed on this form are also complete and accurate, to the best of my knowledge and belief. I agree to give you any more information you may ask for. I will tell the Student Awards Agency for Scotland immediately if my circumstances change in any way that might affect any amount which I have received, may receive or had paid on my behalf. I understand that if I give you false information, or do not give you complete information, you may prosecute me and withdraw the support. I agree to repay any amount which I have received, or had paid on my behalf, which is more than the award that was due to me. I would like to authenticate myself as the owner of web account ######### for the purposes of using web services offered by the Student Awards Agency for Scotland. I have read and understand the privacy statement at the start of this application on Fraud and the Data Protection Act 1998. I consent to the use of information I have provided and to the collection of other information, as set out in the privacy statement. I understand you will use this information to confirm that I am and continue to remain eligible for an award and that the amount of the award is correct I agree to tell SAAS immediately if I do not matriculate, or withdraw from my course of study. Note: we may prosecute you if you give us false information Data protection statement Data Protection Act 1998 and fraud prevention. This Agency has a duty to protect the public funds it administers, and to this end will use and share that information with other organisations for the purposes of ensuring you remain eligible for support. We will also use the information you have provided on this form for the prevention and detection of fraud and will also share this information with other bodies responsible for auditing or administering public funds for these purposes. We may request information from other organisations for the purposes of ensuring that you remain eligible for support and that the level of support awarded is correct. You should read the full SAAS privacy statement and note on fraud on our website.
Annex B Student Loan Declaration for session 2012-2013 When you submitted your application to us you agreed the following. This loan is made under the Education (Scotland) Act 1980 (as amended) and its regulations. I understand that all the information I have entered onto my computer record is complete and accurate to the best of my knowledge and belief. The details printed on this form are also complete and accurate, to the best of my knowledge and belief. I will tell the Student Awards Agency for Scotland (SAAS) and the Student Loans Company (SLC) immediately if my circumstances change in any way that might affect my entitlement to support. I agree to repay any amounts that are lent to me, together with interest and any penalties and charges that apply, in line with the relevant legislation as amended from time to time. In the event that I leave the United Kingdom, I will tell SAAS and the SLC and provide them with my new and any subsequent contact details until my loan, together with interest and any other penalties and charges that apply, is fully repaid. I agree that the law under which the loan(s) are made to me by the SLC shall be governed by the law that applies to the place of my address as stated in this form (or the English, Scottish and Northern Irish courts where my address is outside the United Kingdom). I will submit to the jurisdiction of those courts, provided that this shall not limit the SLC s rights to take proceedings against me in another court of competent jurisdiction. I give permission for SAAS and the SLC to check my National Insurance number and relevant information with the Department for Work and Pensions (DWP). If I do not know my National Insurance number, or if the DWP cannot confirm the number I give you, I give the DWP permission to trace my number and give it to SAAS and the SLC. I give permission for SAAS and the SLC to share information with each other about my loan award from SAAS. Warning: If you make a false statement or declaration to get a loan, your application will not be valid and you may be prosecuted. Data Protection Act 1998. We pass your loan information to the Student Loans Company Limited (SLC) so they know how much to pay you. The SLC need the information we give them to process your application for a student loan. They will handle the payments and recovery as appropriate and are the data controller for that information. The SLC will have to keep your personal information for these purposes. The SLC may use your information to maintain or develop their systems. They will also give information to Department for Work and Pensions to confirm your National Insurance number and will work with the Inland Revenue to collect loan payments.