HC Deb 14 November 2001 vol 374 c797W
Mr. Andrew Turner

To ask the Secretary of State for Education and Skills which categories of person having regard to age, marital status, duration of residence in the UK, immigration status, nationality and other characteristics, are eligible for(a) free statutory-age schooling, (b) free nursery education, (c) free education in colleges of further education and (d) education in higher education institutions, free other than through contributions to home students' tuition fees. [7951]

Mr. Ivan Lewis

[holding answer 16 October 2001]: Any child of compulsory school age living in England is entitled to free education. All four-year-olds are entitled to three terms of free, good quality, part-time nursery education before they reach compulsory school age regardless of duration of residence in the UK, immigration status, nationality or any other characteristics.

Three-year-olds are entitled to a free, good quality, part-time nursery education place depending on their age and their local early years development and childcare partnership's allocation criteria. Early years development and childcare partnerships must allocate places based on social need.

The Learning and Skills Council is responsible for determining when tuition fees are to be charged for further education courses. Advice to institutions for the current academic year is that, subject to residency requirements, tuition fees should not be charged to any learner aged 16 to 18 on either a full-time or part-time course. Other groups not charged tuition fees include: those receiving jobseekers' allowance (JSA); those receiving a means-tested state benefit; unwaged dependants (as defined by the Benefits Agency) of those listed above; people on adult basic education or English for speakers of other languages programmes; asylum seekers in receipt of the equivalent of a means-tested benefit (assistance under the terms of the 1999 Immigration and Asylum Act), and their dependants; and, certain learners participating in Council funded projects (only where identified in the project specification).

Higher education institutions, as independent, self-governing bodies, decide whether to charge students tuition fees at the 'home' rate or the higher 'overseas' rate using the Education (Fees and Awards) Regulations 1997, (as amended). To be eligible for home fee status, students usually need to have 'settled status' in the UK and have been ordinarily resident here for three years before their course starts, except where this was solely or mainly to receive full-time education. Students meeting these requirements will be classed as "home" students for tuition fee purposes. Broadly speaking, these will include, in most cases, UK and other European Union students, students with recognised refugee status, other students granted the right to enter or remain and who meet the UK residence requirement, and migrant workers from the European Economic Area. Students not meeting these requirements may be charged fees at the 'overseas' rate.