The same position applies to students who study through traditional means at
'franchised' provision or on remote campuses outside the UK but within the
EU, whether the students are UK, other EU or other nationalities.  'Outside
the UK' includes the Irish Republic, Isle of Man and Channel Islands of
course, as well as more obviously far flung places, such as Greece where a
few UK HEIs have ventured.

However it doesn't affect students who study for the majority of time in the
UK but take part of their course overseas, eg Languages, exchange programmes
or some sandwich courses that have overseas work placements - the student
still count towards HEFCE funding (and UK fees) for the whole of their
programme of study including the overseas part.  I didn't get a very clear
answer when I asked HEFCE about eligibility in HESES for students on a
course that was exactly half (six months) UK and half (six months) overseas
based!  Fortunately we never got round to testing it as the course proposal
was dropped for other reasons.

While you can never be truly sure about the law until it is tested in the
courts, I see no reason to doubt the legal validity of HEFCE's stance as it
does involve equal treatment of citizens, but as Martin says it still leaves
some grey areas!

Mike Milne-Picken
Head of Planning & Performance Review
University of Central Lancashire
[log in to unmask]
 ----------
From: [log in to unmask]
To: [log in to unmask]; [log in to unmask]
Subject: RE: distance teaching via the internet
Date: 27 July 2000 13:10

We [the OU] have discussed this issue with DfEE and HEFCE for several years
now and each of us has turned to legal advice at various stages.  We have
had different advice at different times and I suspect it will remain a grey
area until it is tested in the courts.  Indeed, HEFCE has adopted two
entirely opposite positions at different points in the 1990s.

However, the line that HEFCE has recently adopted and that we have now
followed is that an EU student (whether British or not) studying the course
of a UK university outside the UK (eg as a distance learning student) is not
eligible for funding, unless (a) there is a clear academic reason for study
abroad that has been sanctioned by the HEFCE or (b) if the student is
temporarily and unavoidably abroad and remains liable to UK tax, or is a
dependent of such a person.  HESES 99, Annex H, para 4d has chapter and
verse.

Since HEFCE grant cannot be used to fund the places occupied by these
students, the institution is obliged to recover the costs through the fee.
This means that fees for EU students studying outside the UK have to be set
at higher levels than the 'subsidised' UK fee.  HEFCE legal advice is that
this is permissable within EU law provided that all EU students within a
given area or country are treated exactly the same.  In this case, all EU
students in the UK are charged a common fee; and all students elsewhere in
the EU (or in a particular country within EU) are also charged a common (but
higher) fee.

I am not claiming this is the correct interpretation of European legislation
but it is the approach that HEFCE has adopted and which forms the basis of
their funding method.  You may wish to ponder the other interesting question
as to who then is liable if this interpretation is successfully challenged
in the courts!

Martin.

Martin Watkinson
Head of Planning
The Open University
Walton Hall, Milton Keynes, MK17 8NQ
Tel: (UK) 01908.653211; Fax (UK) 01908.858581


> -----Original Message-----
> From:	A.M.Grey [SMTP:[log in to unmask]]
> Sent:	26 July 2000 16:12
> To:	[log in to unmask]
> Subject:	distance teaching via the internet
>
> Dear all,
> here's one to tax your brains.  I've been asked to look at
> the funding implications of the Univeristy delivering
> courses via the internet.  The bit that is really taxing my
> brain is students studying in the EU.  Accrding to my HESES
> books student studying outside the UK aren't eligible for
> recurrent funding.  But under EU law, we have to charge
> these students home fees, same as our other students.
>
> ----------------------
> A.M.Grey
> Assistant Registrar (Planning)
> (Tel)01482 466867
> (e-mail) [log in to unmask]


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