The Further Education (Student Support) (Eligibility) Regulations (Northern Ireland) 2012

Made: 30th July 2012

Coming into operation: 1st September 2012

The Department for Employment and Learning[^f00001] makes the following Regulations in exercise of the powers conferred on it by Articles 3(1) and (2) and 8(4) of the Education (Student Support) (Northern Ireland) Order 1998[^f00002], and now vested in it[^f00003]:

Citation and commencement

1

These Regulations may be cited as the Further Education (Student Support) (Eligibility) Regulations (Northern Ireland) 2012 and shall come into operation on 1st September 2012.

Interpretation

2

In these Regulations—

• “the Order” means the Education (Student Support) (Northern Ireland) Order 1998;

• “the 1997 Order” means the Further Education (Northern Ireland) Order 1997[^f00004];

• “the Department” means the Department for Employment and Learning;

• “designated course” means a course designated by regulation 5;

• “further education” has the meaning assigned by Article 3 of the 1997 Order;

• “further education course” means a course other than a higher education course provided at an institution of further education;

• “higher education” has the meaning assigned by Article 2(2) of the 1997 Order;

• “institution of further education” means an educational establishment which is recognised by the Department as an institution of further education under Article 8 of the 1997 Order;

• “support” means grants in respect of fees payable in connection with attendance on courses at an institution of further education.

Application

3

These Regulations apply to institutions of further education.

Eligible students

4

• (1) Subject to the following provisions of this regulation, a person is an eligible student in connection with a designated course if in assessing that person’s application for support the Department determines that the person falls within one of the categories set out—

• (a) in paragraphs 2, 2A, 2B, 3, 3A, 3B, 3C, 3D, 3E, 3F, 4, , 5A, 5B, 5D, 5F, 6A, 6B, 6C, 6D, 7A, 9 and 10 of the Schedule; or

• (b) in paragraphs 5, 5C, 5E, 6, 6E, 7 and 8 of the Schedule where paragraph (1A) applies.

• (1A) This paragraph applies where—

• (a) in connection with a designated course beginning before 1st August 2021, the Department—

• (i) in assessing an application for support by a person (“A”), determined that A fell within one of the categories set out in paragraphs 5, 5C, 5E, 6, 6E, 7 and 8 of the Schedule in relation to an academic year of the course beginning before 1st August 2021; or

• (ii) would have so determined had A made an application for support in accordance with this Part in relation to an academic year of the course beginning before that date; and

• (b) A applies for support in connection with that course or a designated course to which A’s status as an eligible student is transferred from that course in accordance with this Part.

• (1B) In connection with a designated course beginning on or after 1st January 2028, paragraph (1)(a) has effect as if paragraphs 5F, 6B and 6D were omitted.

• (2) A person ceases to be an eligible student if he abandons or is expelled from a designated course.

Designated courses

5

A course is a designated course for the purposes of Article 3(1) of the Order and these Regulations if it is—

• (a) a further education course or a higher education course; and

• (b) wholly provided by an institution of further education in Northern Ireland.

Applying for support and provision of information

6

• (1) An institution of further education shall apply for support in respect of each eligible student on a designated course by completing and submitting to the Department such documentation as the Department may require.

• (2) The Department may take such steps and make such inquiries as it considers necessary to determine whether an application for support is in respect of an eligible student.

• (3) If the Department is satisfied that an institution of further education has failed to comply with any requirement to provide information under these Regulations or has provided information which is incomplete or inaccurate in a material particular, the Department may—

• (a) determine that the institution no longer qualifies for any particular support or particular amount of support; and

• (b) treat any support paid to the institution as an overpayment which may be recovered by such means as the Department considers appropriate.

Payments

7

• (1) Support shall not be paid to an institution of further education until the Department has received a valid request for payment from the institution.

• (2) If the Department is satisfied that an application for support is valid for an eligible student on a designated course, then the Department will provide support to the institution of such amounts as it considers appropriate.

• (3) Any amount payable under paragraph (2) may be paid in such instalments as the Department considers appropriate.

Revocation

8

The Further Education (Student Support) (Eligibility) Regulations (Northern Ireland) 2011[^f00005] are revoked.

SCHEDULE — ELIGIBLE STUDENTS

PART 1 — Interpretation

1

• (1) For the purposes of this Schedule—

• “the 2020 Citizens’ Rights Regulations” means the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020;

• “course start date” means the day on which the first term of the first academic year of a designated course actually begins;

• “Directive 2004/38” means Directive 2004/38 of the European Parliament and of the Council of 29th April 2004 on the rights of citizens of the Union and their family members to move and reside freely in the territory of the Member States[^f00006];

• “EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992[^f00007] together with the Protocol adjusting that Agreement signed at Brussels on 17th March 1993[^f00008], as modified or supplemented from time to time;

• ...

• “EEA frontier self-employed person” means an EEA national who-is a self-employed person in Northern Ireland; andresides in Switzerland or the territory of an EEA state ... and returns to the national’s residence in Switzerland or that EEA State, as the case may be, daily or at least once a week;

• “EEA frontier worker” means an EEA national who—is a worker in Northern Ireland; andresides in Switzerland or the territory of an EEA State ... and returns to his residence in Switzerland or that EEA State, as the case may be, daily or at least once a week;

• “EEA migrant worker” means an EEA national who is a worker, other than an EEA frontier worker, in the United Kingdom;

• “EEA national” means a national of an EEA State ...;

• “EEA self-employed person” means an EEA national who is a self-employed person, other an EEA frontier self-employed person, in the United Kingdom;

• “EEA state”, in relation to any time, means-a state which at that time is a Member State; orany other state which at that time is a party to the EEA Agreement; “eligible student” has the meaning given in regulation 4;

• “employed person” means an employed person within the meaning of Annex 1 to the Swiss Agreement;

• “EU national” means a national of a Member State of the EU;

• “European Economic Area” means the area comprised by the EEA States;

• “evacuated or assisted British national from Afghanistan” means a person—who is a British citizen, a British overseas territories citizen, a British National (Overseas), a British Overseas citizen, a British subject under the British Nationality Act 1981 or a British protected person within the meaning of that Act;who was either—evacuated from Afghanistan by or on behalf of the United Kingdom, a North Atlantic Treaty Organisation member state, Pakistan, Uzbekistan, Tajikistan, Iran or Qatar during the period of the operation known as Operation Pitting, which began on 14th August 2021 and ended on 28th August 2021; orassisted by or on behalf of the United Kingdom, after 28th August 2021 and before 6th January 2022, to leave Afghanistan; andwho has been ordinarily resident in the United Kingdom and Islands since they were evacuated from or otherwise left Afghanistan;

• “family member” unless otherwise indicated, means—in relation to an EEA frontier worker, an EEA migrant worker, an EEA frontier self-employed person , an EEA self-employed person, or a relevant person of Northern Ireland who is treated as an EEA migrant worker or an EEA self-employed person by virtue of paragraph 5A(3) —his spouse or civil partner;direct descendants of his or of his spouse or civil partner who are-under the age of 21; ordependants of his or his spouse or civil partner ordependent direct relatives in his ascending line or that of his spouse or civil partner;in relation to a Swiss employed person, a Swiss frontier employed person, a Swiss frontier self-employed person or a Swiss self-employed person—his spouse or civil partner; orhis child or the child of his spouse or civil partner;in relation to an EU national who falls within the meaning of article 7(1)(c) of Directive 2004/38 or, for the purposes of paragraph 6A, in relation to a relevant person of Northern Ireland who would fall within article 7(1)(c) of Directive 2004/38 if that person were an EU national or solely an EU national —his spouse or civil partner; ordirect descendants of his or of his spouse or civil partner who are—under the age of 21; ordependants of his or his spouse or civil partner;in relation to an EU national who falls within the meaning of article 7(1)(b) of Directive 2004/38 or, for the purposes of paragraph 6A, in relation to a relevant person of Northern Ireland who would fall within article 7(1)(b) of Directive 2004/38 if that person were an EU national or solely an EU national —his spouse or civil partner;direct descendants of his or of his spouse or civil partner who are—under the age of 21; ordependants of his or his spouse or civil partner; ordependent direct relatives in his ascending line or that of his spouse or civil partner;in relation to a United Kingdom national, for the purposes of , paragraphs 6, 6B, 6C and 6D —his spouse or civil partner; ordirect descendants of his or of his spouse or civil partner who are—under the age of 21; ordependants of his or his spouse or civil partner;

• ...

• “Islands” means the Channel Islands and the Isle of Man;

• “person granted Calais leave” means a person who—has extant leave to remain in the United Kingdom under paragraph 352J, 352K, 352L or 352T (Calais leave and “leave in line” granted by virtue of being a dependent child of a person granted Calais leave) of the immigration rules, as defined in section 33(1) of the Immigration Act 1971; andhas been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; “person granted humanitarian protection” means a person—who, on the grounds of humanitarian protection, has been granted leave to remain under the immigration rules as defined in section 33(1) of the Immigration Act 1971;whose leave to remain is extant, or in respect of whose leave to remain an appeal is pending (within section 104 of the Nationality, Immigration and Asylum Act 2002)[^f00006];who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave to remain;

• “person granted indefinite leave to remain as a bereaved partner” means a person—granted indefinite leave to remain in the United Kingdom under any of the following provisions of the immigration rules, as defined in section 33(1) of the Immigration Act 1971—paragraph 288, as a person in relation to whom the requirements in paragraph 287(b) of those rules are met (bereaved partners),paragraph 295N, as a person in relation to whom the requirements in paragraph 295M of those rules are met (bereaved partners),paragraph D-BPILR.1.1 of Appendix FM (bereaved partners), orparagraph 36 of Appendix Armed Forces (bereaved partner of a member of HM Forces), andwho has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave;

• “person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse” means a person—granted indefinite leave to enter or remain in the United Kingdom under any of the following provisions of the immigration rules, as defined in section 33(1) of the Immigration Act 1971—paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse; orwhere such leave was granted before the coming into force of the Appendix Victim of Domestic Abuse, paragraph 289B (victims of domestic violence), paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse) or paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces);paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces); andwho has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave;

• “person granted leave under one of the Afghan Schemes” means a person granted leave under the Afghan Citizens Resettlement Scheme or a person granted leave under the Afghan Relocations and Assistance Policy Scheme;

• “person granted leave under one of the Ukraine Schemes” means a person granted leave under the Homes for Ukraine Sponsorship Scheme, a person granted leave under the Ukraine Extension Scheme , a person granted leave under the Ukraine Permission Extension Scheme or a person granted leave under the Ukraine Family Scheme;

• “person granted leave under the Afghan Citizens Resettlement Scheme” means a person—who has indefinite leave to enter or remain in the United Kingdom, outside the immigration rules, on the basis of the Afghan Citizens Resettlement Scheme; andindefinite leave to enter or remain in the United Kingdom, outside the Immigration Rules as defined in section 33(1) of the Immigration Act 1971 on the basis of the Afghan Citizens Resettlement Scheme; and ... andwho has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;”

• “person granted leave under the Afghan Relocations and Assistance Policy Scheme” means a person—who has—indefinite leave to enter the United Kingdom under paragraph 276BA2, or has indefinite leave to remain under paragraph 276BS2 of the Immigration Rules, having been relocated to the United Kingdom pursuant to paragraph 276BB1(iii)(a) of the Immigration Rules as defined in section 33(1) of the Immigration Act 1971;indefinite leave to enter or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy of the Immigration rules as defined in section 33(1) of the Immigration Act 1971;leave to enter the United Kingdom on the basis of the Afghan Relocations and Assistance Policy Scheme; or indefinite leave to enter or remain, outside those rules, on the basis of the Afghan Relocations and Assistance Policy Scheme; and ...

• “person granted leave under the Homes for Ukraine Sponsorship Scheme” means a person—who has leave to enter or remain in the United Kingdom—under paragraph UKR 19.1 of Appendix Ukraine Scheme of the Immigration Rules as defined in section 33(1) of the Immigration Act 1971; oroutside the Immigration Rules as defined in section 33(1) of the Immigration Act 1971 where the person—was residing in Ukraine immediately before 1st January 2022; andleft Ukraine in connection with the Russian invasion which took place on 24th February 2022; andwho has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;

• “person granted leave under the Ukraine Extension Scheme” means a person—who has leave to remain in the United Kingdom under paragraph UKR 27.1 of Appendix Ukraine Scheme of the Immigration Rules as defined in section 33(1) of the Immigration Act 1971; andwho has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;

• “person granted leave under the Ukraine Family Scheme” means a person—who has leave to enter or remain in the United Kingdom—under paragraph UKR 9.1 of Appendix Ukraine Scheme of the Immigration Rules as defined in section 33(1) of the Immigration Act 1971; oroutside the Immigration Rules as defined in section 33(1) of the Immigration Act 1971 where the person—was residing in Ukraine immediately before 1st January 2022; andleft Ukraine in connection with the Russian invasion which took place on 24th February 2022; andwho has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;

• “person granted leave under the Ukraine Permission Extension Scheme” means a person—who has leave to remain in the United Kingdom under the Ukraine Permission Extension Scheme; andwho has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;

• “person granted section 67 leave” means a person who—has extant leave to remain as a person granted leave under paragraph 352ZG of the immigration rules[^f00007], having been relocated to the United Kingdom pursuant to arrangements made by the Secretary of State under section 67 of the Immigration Act 2016 or a dependent child of such a person who has been granted “leave in line” under paragraph 352ZO of those rules; andhas been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;

• “person granted stateless leave” means a person who—has extant leave to remain as a stateless person under the immigration rules (within the meaning given in section 33(1) of the Immigration Act 1971); andhas been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;