LegalizeThe Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2024
| Provision in the Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 | Existing figure | New figure |
|---|---|---|
| Regulation 25 | ||
| 25(2A)(a) | £4,710 | £4,750 |
| 25(2B)(a) | £2,340 | £2,360 |
| 25(14)(b)(i) | £4,710 | £4,750 |
| Regulation 110A | ||
| 110A(1)(a) | £3,532.50 | £3,562.50 |
| Regulation 117 | ||
| 117(4)(d)(i) | £3,532.50 | £3,562.50 |
| Regulation 127A | ||
| 127A(1)(a) | £3,532.50 | £3,562.50 |
| Regulation 135 | ||
| 135(4A)(d)(i) | £3,532.50 | £3,562.50 |
| 135(10B)(a)(i) | £3,532.50 | £3,562.50 |
| 135(19)(a)(i) | £3,532.50 | £3,562.50 |
Signed
Sealed with the Official Seal of the Department for the Economy on 2nd February 2024.
Mr Mark Lee — A senior officer of the Department for the Economy
Explanatory note
(This note is not part of the Regulations)
EXPLANATORY NOTE
These Regulations amend legislation which makes provision about, or in connection with, student finance. Three sets of Student Support Regulations are amended. Those Regulations are the Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 “the 2009 Regulations”, the Student Fees (Amounts) Regulations (Northern Ireland) 2005 (“the 2005 Regulations”) and the Student Fees (Qualifying Courses and Persons) Regulations (Northern Ireland) 2007 “the 2007 Regulations”.
These Regulations come into operation on 26th February 2024. But, subject to the savings in Chapter 14, some of the amendments made by these Regulations apply only in relation to a course which begins on or after 1st August 2024 (a “new course”), an academic year beginning on or after 1st August 2024 (a “new academic year”) or a new academic year of a course which begins on or after 1st August 2023 and before 1st August 2024 (an “existing course”). In particular:
- (a) the amendments made by the provisions specified in regulation1(3)apply in relation to new academic years only;
- (b) the amendments made by the provisions specified in regulation1(5)apply in relation to new courses and new academic years of existing courses;
- (c) the amendments made by provisions specified in regulation1(6)apply in relation to new courses only.
Chapter 1 of these regulations amend the 2005 Regulations by increasing the basic and higher amounts prescribed in the 2005 Regulations. In each case the increases are by 0.9%, and will come into operation on 1st September 2024.
The 2005 Regulations prescribe the basic and higher amounts which higher education institutions in Northern Ireland may charge by way of tuition fees. Regulation 3 of the 2005 Regulations sets out the basic and higher amounts which ordinarily apply. Regulation 4 of the 2005 Regulations sets out the lower basic and higher amounts which apply in respect of an academic year of specified courses.
Chapter 2 of these regulations removes the tapering of DSA support on course conversion following the alignment of maximum Disabled Students’ Allowance (DSA) support levels.
Chapter 3 of these regulations amends the 2009 regulations to allow for support for designated Master’s etc. courses in the Republic of Ireland.
Chapter 4 of these regulations removes redundant references to ‘qualifying course’ and ‘qualifying students’.
Chapter 5 of these regulations ensures that courses are substantially provided in the UK or where appropriate the UK or the Republic of Ireland.
Chapter 6 of these regulations updates references to immigrations rules in both the 2009 and 2007 Regulations.
Chapter 7 of these regulations amends both the 2009 and the 2007 Regulations to update the categories of students who may be eligible for support to include certain family members of persons who are granted leave to enter or remain in the United Kingdom under an Afghan or Ukraine related immigration scheme.
Chapter 8 of these regulations amends both the 2009 and the 2007 Regulations to change the eligibility requirements for students who are in certain protection based categories (such as refugees and their family members, persons granted stateless leave and persons with Calais leave), so that they may qualify for support if they are ordinarily resident in Northern Ireland on the day on which the first term of the first academic year of their course actually begins.
Chapter 9 of these regulations amends both the 2009 and the 2007 Regulations update the rules determining the amount of support that a student is entitled to if they become eligible for support during the course of an academic year.
Chapter 10 of these regulations amends both the 2009 and the 2007 Regulations so that family members of all settled persons in the UK who are starting courses in 2024/25 qualify for support. This category of person must be ordinarily resident in the UK and Islands for three years before the start of their course in order to qualify for support. Previously, only family members of United Kingdom nationals qualified for support under this category.
Chapter 11 of these regulations amends the definition of a relevant institution of higher education in the Republic of Ireland to clarify that it is a publicly funded prescribed approved institution for the purposes of section 7 of the Student Support Act 2011.
Chapter 12 makes minor technical amendments to the 2009 and 2007 Regulations.
Chapter 13 and the Schedule of these regulations makes amendments to the 2009 Regulations to update the payment rates for student support for an academic year which begins on or after 1st August 2024 (regulation 72 and the Schedule).
Chapter 14 of these regulations includes savings provisions so that family members of persons granted leave under one of the Afghan Schemes who have already qualified for support under the 2009 and 2007, can continue to qualify for support on that basis.
An regulatory impact assessment has not been produced for this rule as no, or no significant impact on the private, voluntary or public sectors is foreseen.
Footnotes
Formerly the Department for Employment and Learning; see Article 6(1)(c) of the Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016 No. 76).
S.I. 1998/1760 (N.I. 14). Article 3 was amended by the Learning and Skills Act 2000 (c.21), section 147(3)(a) and (b), the Student Loans (Amendment) Act (Northern Ireland) 2011, (c.2 (N.I.)), s.1(1), the Income Tax (Earnings and Pensions) Act 2003 (c.1), Schedule 6, the Finance Act 2003, (c.14), s.147(4), the Higher Education (Northern Ireland) Order 2005, (S.I. 2005/1116 (N.I. 5)), Articles 11 and 12 and the Schedule, and by the Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2013, (S.I. 2013/1881), Schedule 1
S.I. 2005/1116 see Article 2(2) for definitions of “the Department”, “prescribed” and “regulations”.
S.R. 2009 No. 373, amended by S.R.s 2010 No. 383, 2012 Nos. 62 and 398, 2013 Nos. 128 and 223, 2014 Nos. 97 and 309, 2016 No. 21, 2017 Nos. 7 and 43, 2018 No. 35, 2019 Nos.35 and 102, 2020 No. 79, 2021 Nos. 50, 85 and 260 and 2022 No 75 and 201 and 263.
S.R. 2007 No. 328 was amended by Order 2011/1043. S.R.s 2007 No. 375, 2011 Nos. 70 and 376, 2013 No. 37, 2019 No. 35, 2020 No. 79, 2021 Nos. 50, 85 and 260 and 2022 No 75 and 201 and 263.
S.R. 2005 No. 290 as amended by S.R. 2006 No. 455, S.R. 2007 No. 442, S.R. 2008 No. 455, S.R. 2009 No. 400, S.R 2011 Nos. 1 and 369, S.R. 2012 No. 184, S.R. 2013 No. 120, S.R. 2014 No. 116, S.R. 2015 No. 243, S.R. 2016 No. 354, S.R. 2017 No. 104, S.R. 2018 No. 105, S.R. 2019 No. 102, S.R. 2020 No. 98 and S.R. 2022 No. 260.
Regulation 117 was amended by S.R. 2017 No. 7 and S.R. 2022 No. 263.
Regulation 118 was amended by S.R. 2017 No. 7.
Regulation 135 was amended by S.R. 2017 No. 7 and S.R. 2022 No. 263.
Regulations 141 was amended by S.R 2013 No. 223S.R. 2017 No. 7 and S.R.s 2019 No. 102 and 1998 (c.30)
Regulations 152 was inserted by S.R. 2017 No. 7 and subsequently amended by S.R.s 2019 No. 102 and 2020 No. 79.
Regulation 2 was amended by S.R. 2010 No. 383, S.R.s 2013 No.s 128 and 223, S.R.s 2017 No.s 7 and 43, S.R. 2019 No. 35, S.R. 2021 Nos. 50 and 85, S.R.s 2022 No.s 75 and 201 and S.I. 2020/1209 as amended by 2020/139.
Regulation 5 was amended by S.S.I. 2007 No. 503, S.R.s 2010 No. 383, 2013 No. 128, 2017 No, 7, 2019 No. 35, 2021 Nos. 50 and 85 and 2022 No. 75.
paragraph (4) was inserted by S.R. 2012 No. 398.
Regulation 105 was amended by S.S.I. 2007 No. 503, S.R.s 2010 No. 383, 2019 No. 35, 2021 Nos. 50 and 85 and 2022 Nos. 75 and 201.
Regulation 6 was amended by S.R. 2013 No. 223, S.R. 2019 No. 102, S.R. 2020 No.79 and S.R. 2022 No. 75.
sub-paragraph (e) was substituted by S.R. 2019 No. 102.
sub-paragraph (d) was amended by S.Rs 2013 No. 223, 2019 No. 35 and 2019 No. 102.
paragraph (4A) was inserted by S.R 2012 No.398.
sub-paragraph (e) was substituted by S.R. 2019 No. 102.
The Schedule was amended by S.R.s 2011 Nos. 70 and 276, S.R. 2013 No. 37, S.S 2019 No. 35, S.R. 2020 No. 295, S.R.s 2021 Nos. 50 and 85 and S.R.s 2022 Nos. 75 and 201 and 2011/1043.
paragraph 11E was inserted by S.R. 2022 No. 75.
paragraph 11F was inserted by S.R. 2022 No. 201.
paragraph 11E was inserted by S.R. 2022 No. 75.
paragraph 11F was inserted by S.R. 2022 No. 201.
paragraph 10E was inserted by S.R. 2022 No. 75.
paragraph 10F was inserted by S.R. 2022 No. 201.
paragraph 12E was inserted by S.R. 2022 No. 75.
paragraph 12F was inserted by S.R. 2022 No. 201.
paragraph 11E was inserted by S.R. 2022 No. 75.
paragraph 11F was inserted by S.R. 2022 No. 201.
paragraph 14 was inserted by S.R. 2022 No. 75.
paragraph 4G was inserted by S.R. 2022 No. 75
paragraph 4I was inserted by S.R. 2022 No. 75
paragraph 2A was inserted by S.R. 2021 No. 85.
paragraph 4A was substituted by S.R. 2021 No. 50.
paragraph 4B was substituted by S.R. 2021 No. 50.
paragraph 4C was substituted by S.R. 2021 No. 50.
paragraph 4D was substituted by S.R. 2021 No. 50.
paragraph 4E was substituted by S.R. 2021 No. 50.
paragraph 4F was substituted by S.R. 2021 No. 50.
paragraph 5 was substituted by S.R. 2021 No. 50.
paragraph 8 was amended by S.R. 2020 No. 295.
paragraph 8A was inserted by S.R. 2021 No. 85.
paragraph 15 was inserted by S.R. 2022 No. 201.
paragraph 2A was inserted by S.R. 2021 No. 85 and amended by S.R. 2022 No. 75.
paragraph 4A was substituted by S.R. 2021 No. 50.
paragraph 4B was substituted by S.R. 2021 No. 50.
paragraph 4C was substituted by S.R. 2021 No. 50.
paragraph 4D was substituted by S.R. 2021 No. 50.
paragraph 4E was substituted by S.R. 2021 No. 50.
paragraph 4F was substituted by S.R. 2021 No. 50.
paragraph 15 was inserted by S.R. 2022 No. 201.
paragraph 5 was substituted by S.R. 2021 No. 50.
paragraph 8A was inserted by S.R. 2021 No. 85.
Regulation 18 was amended by S.R.s 2019 No. 35, 2020 No. 295, 2021 Nos. 50 and 85 and 2022 No. 201.
Paragraph 7 was amended by S.R.s 2012 No. 398, 2021 Nos. 85 and 260 and 2022 No. 201.
Paragraph 11 was amended by S.R.s 2021 Nos. 85 and 260 and 2022 No. 201.
Regulation 50A was inserted by S.R. 2012 No. 398 and amended by S.R.s 2021 Nos. 85 and 260 and 2022 No. 201.
Paragraph 5 was amended by S.Rs. 2021 Nos. 85 and 201 and 2022 No. 201.
Paragraph 5 was amended by S.Rs. 2021 Nos. 85 and 260 and 2022 No. 201.
Regulations 74 was amended by S.Rs. 2019 No. 35, 2020 No. 295, 2021 Nos. 50 and 85, 2022 Nos. 75 and 201.
Regulation 123 was amended by S.R.s 2017 No. 7, 2019 No. 35, 2021 Nos. 50 and 85 and 2022 No. 201.
Paragraph 7 was amended by S.R.s 2021 No. 260 and 2022 Nos. 75 and 201.
Regulations 140 was amended by S.Rs. 2019 No. 35, 2020 No. 295, 2021 Nos. 50 and 85, 2022 Nos. 75 and 201.
Regulations 150 was inserted by S.R. 2017 No. 7.
Regulation 151 was amended by S.R.s 2019 No. 35, 2020 No. 295, 2021 Nos. 50 and 85 and 2022 No. 201.
Regulation 159 was inserted by S.R. 2017 No. 7 and amended by S.R 2020 No.79.
paragraph (1) was amended by S.R.s 2011 No. 376 and 2022 No. 201.
“family member” was amended by S.R. 2010 No. 383 and S.R. 2021 No. 85.
Paragraph 9C was inserted by S.R. 2021 No. 85
“family member” definition was amended by S.R. 2011 No. 70 and S.R. 2021 No. 85.
Paragraph 9ZC was inserted by S.R. 2021 No. 85
No. 4 of 2011
Schedule 6 was amended by S.R.s 2013 No. 223, 2014 No. 309, 2016 No. 21, 2017 No. 43, 2019 No.35, 2020 No. 79 and S.R. 2021 No. 50.
Sub-paragraph (h) was inserted by S.R. 2013 No. 128.
Sub-paragraph (a) was amended by S.R. 2021 No.85.
Sub-Paragraph (8) was amended by S.R. 2021 No. 50.
Editorial notes
Reg. 1 in operation at 26.2.2024, see reg. 1(2)
Reg. 2 in operation at 26.2.2024, see reg. 1(2)
Reg. 3 in operation at 26.2.2024 with application in accordance with reg. 1(3)(4)(a)
Reg. 4 in operation at 26.2.2024 with application in accordance with reg. 1(3)(4)(a)
Reg. 5 in operation at 26.2.2024, see reg. 1(2)
Reg. 6 in operation at 26.2.2024, see reg. 1(2)
Reg. 7 in operation at 26.2.2024, see reg. 1(2)
Reg. 8 in operation at 26.2.2024 with application in accordance with reg. 1(7)(a)
Reg. 9 in operation at 26.2.2024 with application in accordance with reg. 1(7)(a)
Reg. 10 in operation at 26.2.2024, see reg. 1(2)
Reg. 11 in operation at 26.2.2024, see reg. 1(2)
Reg. 12 in operation at 26.2.2024, see reg. 1(2)
Reg. 13 in operation at 26.2.2024, see reg. 1(2)
Reg. 14 in operation at 26.2.2024, see reg. 1(2)
Reg. 15 in operation at 26.2.2024, see reg. 1(2)
Reg. 16 in operation at 26.2.2024, see reg. 1(2)
Reg. 17 in operation at 26.2.2024, see reg. 1(2)
Reg. 18 in operation at 26.2.2024, see reg. 1(2)
Reg. 19 in operation at 26.2.2024, see reg. 1(2)
Reg. 20 in operation at 26.2.2024, see reg. 1(2)
Reg. 21 in operation at 26.2.2024, see reg. 1(2)
Reg. 22 in operation at 26.2.2024 with application in accordance with reg. 1(5)(6)
Reg. 23(a) in operation at 26.2.2024 with application in accordance with reg. 1(5)(6)
Reg. 23(b) in operation at 26.2.2024 with application in accordance with reg. 1(3)(4)(b)
Reg. 24(a) in operation at 26.2.2024 with application in accordance with reg. 1(5)(6)
Reg. 24(b) in operation at 26.2.2024 with application in accordance with reg. 1(3)(4)(b)
Reg. 25(a) in operation at 26.2.2024 with application in accordance with reg. 1(5)(6)
Reg. 25(b) in operation at 26.2.2024 with application in accordance with reg. 1(3)(4)(b)
Reg. 26(a) in operation at 26.2.2024 with application in accordance with reg. 1(5)(6)
Reg. 26(b) in operation at 26.2.2024 with application in accordance with reg. 1(3)(4)(b)
Reg. 27(a) in operation at 26.2.2024 with application in accordance with reg. 1(5)(6)
Reg. 27(b) in operation at 26.2.2024 with application in accordance with reg. 1(3)(4)(b)
Reg. 28(a) in operation at 26.2.2024 with application in accordance with reg. 1(5)(6)
Reg. 28(b) in operation at 26.2.2024 with application in accordance with reg. 1(3)(4)(b)
Reg. 29(a) in operation at 26.2.2024 with application in accordance with reg. 1(5)(6)
Reg. 29(b) in operation at 26.2.2024 with application in accordance with reg. 1(3)(4)(b)
Reg. 30(1)(4) in operation at 26.2.2024, see reg. 1(2)
Reg. 30(3)(b) in operation at 26.2.2024 with application in accordance with reg. 1(3)(4)(b)
Reg. 30(2) in operation at 26.2.2024 with application in accordance with reg. 1(5)(6)
Reg. 30(3)(a) in operation at 26.2.2024 with application in accordance with reg. 1(5)(6)
Reg. 31 in operation at 26.2.2024 with application in accordance with reg. 1(3)(4)(c)
Reg. 32 in operation at 26.2.2024 with application in accordance with reg. 1(3)(4)(c)
Reg. 33 in operation at 26.2.2024 with application in accordance with reg. 1(3)(4)(c)
Reg. 34 in operation at 26.2.2024 with application in accordance with reg. 1(3)(4)(c)
Reg. 35 in operation at 26.2.2024 with application in accordance with reg. 1(3)(4)(c)
Reg. 36 in operation at 26.2.2024 with application in accordance with reg. 1(3)(4)(c)
Reg. 37 in operation at 26.2.2024 with application in accordance with reg. 1(3)(4)(c)
Reg. 38 in operation at 26.2.2024 with application in accordance with reg. 1(3)(4)(c)
Reg. 39 in operation at 26.2.2024 with application in accordance with reg. 1(3)(4)(c)
Reg. 40 in operation at 26.2.2024 with application in accordance with reg. 1(3)(4)(c)
Reg. 41 in operation at 26.2.2024 with application in accordance with reg. 1(3)(4)(c)
Reg. 42 in operation at 26.2.2024 with application in accordance with reg. 1(3)(4)(c)
Reg. 43 in operation at 26.2.2024 with application in accordance with reg. 1(3)(4)(c)
Reg. 44 in operation at 26.2.2024 with application in accordance with reg. 1(3)(4)(c)
Reg. 45 in operation at 26.2.2024 with application in accordance with reg. 1(3)(4)(c)
Reg. 46 in operation at 26.2.2024 with application in accordance with reg. 1(3)(4)(c)
Reg. 47 in operation at 26.2.2024 with application in accordance with reg. 1(3)(4)(c)
Reg. 48 in operation at 26.2.2024 with application in accordance with reg. 1(3)(4)(c)
Reg. 49 in operation at 26.2.2024 with application in accordance with reg. 1(3)(4)(c)
Reg. 50 in operation at 26.2.2024 with application in accordance with reg. 1(3)(4)(c)
Reg. 51 in operation at 26.2.2024 with application in accordance with reg. 1(3)(4)(c)
Reg. 52 in operation at 26.2.2024 with application in accordance with reg. 1(3)(4)(c)
Reg. 53 in operation at 26.2.2024 with application in accordance with reg. 1(3)(4)(c)
Reg. 54 in operation at 26.2.2024 with application in accordance with reg. 1(3)(4)(c)
Reg. 55 in operation at 26.2.2024 with application in accordance with reg. 1(3)(4)(c)
Reg. 56 in operation at 26.2.2024 with application in accordance with reg. 1(3)(4)(c)
Reg. 57 in operation at 26.2.2024 with application in accordance with reg. 1(3)(4)(c)
Reg. 58 in operation at 26.2.2024 with application in accordance with reg. 1(3)(4)(c)
Reg. 59 in operation at 26.2.2024 with application in accordance with reg. 1(3)(4)(c)
Reg. 60 in operation at 26.2.2024 with application in accordance with reg. 1(7)(b)
Reg. 61 in operation at 26.2.2024 with application in accordance with reg. 1(7)(b)
Reg. 62 in operation at 26.2.2024, see reg. 1(2)
Reg. 63 in operation at 26.2.2024, see reg. 1(2)
Reg. 64 in operation at 26.2.2024, see reg. 1(2)
Reg. 65 in operation at 26.2.2024, see reg. 1(2)
Reg. 66 in operation at 26.2.2024, see reg. 1(2)
Reg. 67 in operation at 26.2.2024, see reg. 1(2)
Reg. 68 in operation at 26.2.2024, see reg. 1(2)
Reg. 69 in operation at 26.2.2024, see reg. 1(2)
Reg. 70 in operation at 26.2.2024, see reg. 1(2)
Reg. 71 in operation at 26.2.2024, see reg. 1(2)
Reg. 72 in operation at 26.2.2024 with application in accordance with reg. 1(3)(4)(d)
Reg. 73 in operation at 26.2.2024, see reg. 1(2)
Reg. 74 in operation at 26.2.2024, see reg. 1(2)
Reg. 75 in operation at 26.2.2024, see reg. 1(2)
Reg. 76 in operation at 26.2.2024, see reg. 1(2)
Sch. in operation at 26.2.2024 with application in accordance with reg. 1(3)(4)(d)
Words in reg. 30(3) omitted (14.8.2024) by virtue of The Education (Student Support, etc.) (Amendment No.2) Regulations (Northern Ireland) 2024 (S.R. 2024/157), regs. 1(2), 26
Words in reg. 32(j) substituted (14.8.2024) by The Education (Student Support, etc.) (Amendment No.2) Regulations (Northern Ireland) 2024 (S.R. 2024/157), regs. 1(2), 27(a)
Words in reg. 32(k) substituted (14.8.2024) by The Education (Student Support, etc.) (Amendment No.2) Regulations (Northern Ireland) 2024 (S.R. 2024/157), regs. 1(2), 27(b)
Words in reg. 34 omitted (14.8.2024) by virtue of The Education (Student Support, etc.) (Amendment No.2) Regulations (Northern Ireland) 2024 (S.R. 2024/157), regs. 1(2), 28
Words in reg. 36 omitted (14.8.2024) by virtue of The Education (Student Support, etc.) (Amendment No.2) Regulations (Northern Ireland) 2024 (S.R. 2024/157), regs. 1(2), 29(a)(i)
Words in reg. 36 omitted (14.8.2024) by virtue of The Education (Student Support, etc.) (Amendment No.2) Regulations (Northern Ireland) 2024 (S.R. 2024/157), regs. 1(2), 29(a)(ii)
Word in reg. 59(d) substituted (14.8.2024) by The Education (Student Support, etc.) (Amendment No.2) Regulations (Northern Ireland) 2024 (S.R. 2024/157), regs. 1(2), 30(a)
Words in reg. 59(d) omitted (14.8.2024) by virtue of The Education (Student Support, etc.) (Amendment No.2) Regulations (Northern Ireland) 2024 (S.R. 2024/157), regs. 1(2), 30(b)
Words in reg. 59(d) omitted (14.8.2024) by virtue of The Education (Student Support, etc.) (Amendment No.2) Regulations (Northern Ireland) 2024 (S.R. 2024/157), regs. 1(2), 30(c)(i)
Word in reg. 59(d) substituted (14.8.2024) by The Education (Student Support, etc.) (Amendment No.2) Regulations (Northern Ireland) 2024 (S.R. 2024/157), regs. 1(2), 30(c)(ii)
Amendments to the 2007 Regulations
Amendments to the 2007 Regulations
Amendments to the 2007 Regulations
Amendments to the 2007 Regulations
Amendments to the 2007 Regulations
Amendments to the 2007 Regulations
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