The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021

(10A) (1) A person with protected rights— (a) who is — (i) an EU national on the first day of the first academic year of the course; (ii) a family member of a person mentioned in sub-paragraph (i); or (iii) a family member of a relevant person of Northern Ireland; (b) who is undertaking the course in the United Kingdom; (c) who, subject to sub-paragraph (2), has been ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course; and (d) subject to sub-paragraph (3), whose ordinary residence in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education. (2) Paragraph (c) of sub-paragraph (1) does not apply to a family member of a person who— (a) is an EU national or a relevant person of Northern Ireland; and (b) has been ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course. (3) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories in accordance with paragraph 2(2). (10B) (1) A person— (a) who is— (i) a United Kingdom national on the first day of an academic year of the course; or (ii) a family member of a person mentioned in sub-paragraph (i); (b) who was ordinarily resident immediately before IP completion day— (i) in the territory comprising the European Economic Area, Switzerland and the EU overseas territories; or (ii) in the United Kingdom, where that ordinary residence began after 31st December 2017immediately following a period of ordinary residence in the territory comprising the European Economic Area, Switzerland and the EU overseas territories, and has remained ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the EU overseas territories throughout the period beginning on IP completion day and ending immediately before the first day of the first academic year of the course; (c) who is undertaking the course in the United Kingdom; (d) who, subject to sub-paragraph (2), has been ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course; and (e) subject to sub-paragraph (3), whose ordinary residence in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories has not during any part of the period referred to in paragraph (d) been wholly or mainly for the purpose of receiving full-time education. (2) Paragraph (d) of sub-paragraph (1) does not apply to the family member of a United Kingdom national, where that United Kingdom national— (a) had, before IP completion day, exercised a right to reside in the territory of a Member State under Article 7(1) of Directive 2004/38; and (b) has been ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course. (3) Paragraph (e) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories in accordance with paragraph 2(2). (4) Where a person (“P”) falls within sub-paragraph (1)(a)(ii), the person in relation to whom P is a family member must also meet the requirements of sub-paragraph (1)(b) and (d). (5) In this paragraph, “EU overseas territories” means Aruba; Faroe Islands; French Polynesia; French Southern and Antarctic Territories; Mayotte; Greenland; Netherlands Antilles (Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten); St Barthélemy; St Pierre et Miquelon; the Territory of New Caledonia and Dependencies; and Wallis and Futuna. (10C) (1) A person— (a) who is— (i) a United Kingdom national on the first day of the first academic year of the course; or (ii) a family member of a person mentioned in sub-paragraph (i); (b) who is undertaking the course in the United Kingdom; (c) who has been ordinarily resident in the specified British overseas territories for at least part of the three year period preceding the first day of the first academic year of the course; (d) who has been ordinarily resident in the territory comprising the United Kingdom, the Islands and the specified British overseas territories throughout the three-year period preceding the first day of the first academic year of the course; and (e) subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, the Islands and the specified British overseas territories has not during any part of the period referred to in paragraph (d) been wholly or mainly for the purpose of receiving full-time education. (2) Paragraph (e) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, the Islands and the specified British overseas territories in accordance with paragraph 2(2). (10D) (1) A person— (a) who is a family member of a person who is a United Kingdom national on the first day of the first academic year of the course; (b) who is undertaking the course in the United Kingdom; (c) who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course; and (d) subject to sub-paragraph (2), whose ordinary residence in the United Kingdom and Islands has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education. (2) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the United Kingdom and Islands in accordance with paragraph 2(2). (10E) (1) A person— (a) who is— (i) a United Kingdom national who has resident status in Gibraltar granted by the Government of Gibraltar; (ii) a family member of a United Kingdom national, where that family member has resident status in Gibraltar granted by the Government of Gibraltar; (iii) an EU national who has a right of residence in Gibraltar arising under the EU withdrawal agreement; or (iv) a family member of an EU national, where that family member has a right of residence in Gibraltar arising under the EU withdrawal agreement; (b) who is undertaking the course in the United Kingdom; (c) who, subject to sub-paragraph (2), has been ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course; and (d) subject to sub-paragraph (3), whose ordinary residence in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education. (2) Paragraph (c) of sub-paragraph (1) does not apply to a family member of a person who— (a) is an EU national or a relevant person of Northern Ireland; and (b) has been ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course. (3) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories in accordance with paragraph 2(2).

• (12) Before paragraph 11, insert the heading “EU nationals ordinarily resident in the United Kingdom and Islands”.

• (13) After paragraph 11, insert—

(11A) A person with protected rights who— (a) is an EU national on the first day of the first academic year of the course; (b) is ordinarily resident in the United Kingdom on the first day of the first academic year of the course; (c) has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the first academic year of the course; and (d) in a case where the person’s ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories immediately prior to the period of ordinary residence referred to in paragraph (c).

• (14) After paragraph 12 (children of Swiss nationals), insert—

(12A) A person with protected rights who— (a) is the child of a Swiss national who is entitled to support in the United Kingdom by virtue of Article 18(2) of the Swiss citizens’ rights agreement; (b) is ordinarily resident in the United Kingdom on the first day of the first academic year of the course; (c) has been ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course; and (d) in a case where the person’s ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland immediately prior to the period of ordinary residence referred to in paragraph (c).

• (15) After paragraph 13 (children of Turkish workers), insert—

(13A) A person who— (a) is the child of a Turkish worker (“T”), where T was ordinarily resident in the United Kingdom immediately before IP completion day; (b) immediately before IP completion day— (i) was the child of T; and (ii) was ordinarily resident in the United Kingdom; (c) is ordinarily resident in the United Kingdom on the first day of the first academic year of the course; and (d) has been ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland, Turkey and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course.

PART 8 — Amendment of the Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 2018

Amendment of the Postgraduate Doctoral Degree Loans etc. Regulations 2018

62

The Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 2018[^f00079] are amended as follows.

Amendment of regulation 2

63

In regulation 2[^f00080] (interpretation)—

• (a) in paragraph (1)—

• (i) after the definition of “the 2016 Master’s Degree Regulations”, insert—

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

• (ii) after the definition of “fees”, insert—

• “grace period” has the meaning given by regulation 3 of the 2020 Citizens’ Rights Regulations;

• (iii) after the definition of “person granted stateless leave”, insert—

• “person with protected rights” means— a person within the personal scope of the citizens’ rights provisions who— has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules; is an Irish citizen who, pursuant to section 3ZA of the Immigration Act 1971, does not require leave to enter or remain in the United Kingdom; is a relevant person for the purposes of regulation 3 of the 2020 Citizens’ Rights Regulations where the grace period has not ended; or is an applicant for the purposes of regulation 4 of the 2020 Citizens’ Rights Regulations where the relevant period has not expired; or a family member of a relevant person of Northern Ireland for the purposes of residence scheme immigration rules, where that family member has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules;

• (iv) after the definition of “registered provider”, insert—

• “relevant period” has the meaning given by regulation 4 of the 2020 Citizens’ Rights Regulations;
• “relevant person of Northern Ireland” has the meaning given by residence scheme immigration rules;
• “residence scheme immigration rules” has the meaning given by section 17(1) of the European Union (Withdrawal Agreement) Act 2020;

• (v) after the definition of “student support regulations”, insert—

• “Swiss citizens’ rights agreement” has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;

• (b) after paragraph (2), insert—

(3) For the purposes of these Regulations, a person is within the personal scope of the citizens’ rights provisions if that person falls within— (a) Article 10 (personal scope) of the EU withdrawal agreement; (b) Article 9 (personal scope) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020); or (c) Article 10 (personal scope) of the Swiss citizens’ rights agreement.

Amendment of regulation 3

64

In regulation 3[^f00081] (eligible students)—

• (a) for paragraph (2) substitute—

(2) 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 a postgraduate doctoral degree loan the Secretary of State determines that the person falls within one of the categories set out— (a) in paragraphs 2, 2A, 3, 4, 5, 5A, 5B, 5C, 5D, 6, 7A, 8A, 9A, 10A, 10B, 10C, 10D, 11A, 12A, 13A and 14 in Part 2 of Schedule 1; or (b) in paragraphs 7, 8, 9, 10, 11, 12 and 13 in Part 2 of Schedule 1, where paragraph (2A) applies. (2A) This paragraph applies where— (a) in connection with a designated course beginning before 1st August 2021, the Secretary of State— (i) in assessing an application for a postgraduate doctoral degree loan by a person (“A”) determined that A fell within one of the categories set out in paragraphs 7, 8, 9, 10, 11, 12 and 13 in Part 2 of Schedule 1 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 a postgraduate doctoral degree loan in accordance with this Part in relation to an academic year of the course beginning before that date; and (b) A applies for a postgraduate doctoral degree loan 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. (2B) In connection with a designated course beginning on or after 1st January 2028, paragraph (2) has effect as if it did not mention paragraphs 9A, 10B and 10D.

• (b) after paragraph (11), insert—

(12) Where— (a) the Secretary of State has determined that, by virtue of— (i) falling within paragraph (a)(iii) or (iv) of the definition of “person with protected rights”; or (ii) meeting the conditions in paragraph 3(1)(a)(iii) or (iv) in Part 2 of Schedule 1, a person (“A”) is an eligible student in connection with an application for a postgraduate doctoral degree loan for a designated course; and (b) as at the day before the first day of the first academic year of that designated course, A is not a person with protected rights, A’s status as an eligible student terminates immediately before the first day of the first academic year of that designated course.

Amendment of regulation 6

65

In regulation 6[^f00082] (transfer of status), after paragraph (1), insert—

(1A) Paragraph (1) applies to a person who is an eligible student by virtue of regulation 3(2)(b) only where that person’s status as an eligible student has not been transferred on or after 1st August 2021 from the designated course referred to in regulation 3(2A)(a) to another designated course.

Amendment of regulation 8

66

In regulation 8[^f00083] (events)—

• (a) omit paragraph (c);

• (b) for paragraph (d) substitute—

(d) the student becomes a family member described in paragraph 10A(1)(a), 10B(1)(a), 10C(1)(a) or 10D(1)(a) of Schedule 1;

• (c) omit paragraph (f);

• (d) in paragraph (g), for “7(1)(a)” substitute “7A(1)(a)”;

• (e) for paragraph (h) substitute—

(h) the student becomes a person described in paragraph 12A(a) of Schedule 1;

Amendment of Schedule 1

67

• (1) Schedule 1 (eligible students) is amended as follows.

• (2) In paragraph 1[^f00084] (interpretation)—

• (a) in sub-paragraph (1)—

• (i) omit the definitions of “EEA EFTA separation agreement”, “residence scheme immigration rules”, “right of permanent residence” and “Swiss citizens’ rights agreement”;

• (ii) in the definition of “family member”—

• (aa) in paragraph (a), for “or an EEA self-employed person” substitute “, 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 7A(3)”;

• (bb) in paragraph (c), after “Directive 2004/38”, insert “or, for the purposes of paragraph 10A, 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”;

• (cc) in paragraph (d), after “Directive 2004/38”, insert “or, for the purposes of paragraph 10A, 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”;

• (dd) in paragraph (e), for “paragraph 10” substitute “paragraphs 10, 10B, 10C and 10D”;

• (iii) after the definition of “Swiss self-employed person”, insert—

• “United Kingdom national” has the meaning given by Article 2(d) of the EU withdrawal agreement;

• (b) after sub-paragraph (1), insert—

(1A) For the purposes of this Schedule, a reference to a “Member State” or “State” in Article 7 of Directive 2004/38 is to be read as including the United Kingdom.

• (c) in sub-paragraph (5), after “Islands”, insert “, the territory comprising the United Kingdom, the Islands and the Republic of Ireland”;

• (d) in sub-paragraph (6)—

• (i) after “Islands”, insert “, the territory comprising the United Kingdom, the Islands and the Republic of Ireland”;

• (ii) after paragraph (a)—

• (aa) omit “and”;

• (bb) insert—

(aa) in the case of members of the regular armed forces of the Republic of Ireland, any period which they serve outside the territory comprising the United Kingdom, the Islands and the Republic of Ireland as members of such forces;

• (3) In paragraph 2(1)(a) (persons settled in the United Kingdom), for sub-paragraph (i) substitute—

(i) is settled in the United Kingdom and does not fall within paragraph 3;

• (4) After paragraph 2, insert—

(2A) (1) A person— (a) who is settled in the United Kingdom on the first day of the first academic year of the course and does not fall within paragraph 3; (b) who is attending or undertaking a designated course in England; (c) who has been ordinarily resident in the territory comprising the United Kingdom, the Islands and the Republic of Ireland throughout the three-year period preceding the first day of the first academic year of the course; and (d) subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, the Islands and the Republic of Ireland has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education. (2) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, the Islands and the Republic of Ireland in accordance with paragraph 1(5).

• (5) In paragraph 3[^f00085]—

• (a) number the existing text as sub-paragraph (1);

• (b) for sub-paragraph (1)(a) as so numbered substitute—

(a) meets one of the following conditions— (i) the person is within the personal scope of the citizens’ rights provisions and is settled in the United Kingdom by virtue of the grant of indefinite leave to enter or remain under residence scheme immigration rules; (ii) the person— (aa) is within the personal scope of the citizens’ rights provisions; (bb) is an Irish citizen settled in the United Kingdom who, pursuant to section 3ZA of the Immigration Act 1971, does not require leave to enter or remain in the United Kingdom; and (cc) would meet the eligibility requirements for indefinite leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules if that person were to make an application for such leave; (iii) the person— (aa) is within the personal scope of the citizens’ rights provisions; (bb) is a relevant person for the purposes of regulation 3 of the 2020 Citizens’ Rights Regulations; and (cc) has, or is treated as having, a right of permanent residence for the purposes of the Immigration (European Economic Area) Regulations 2016, as those Regulations continue to have effect by virtue of the 2020 Citizens’ Rights Regulations in relation to that person during the grace period; (iv) the person— (aa) is within the personal scope of the citizens’ rights provisions; (bb) is an applicant for the purposes of regulation 4 of the 2020 Citizens’ Rights Regulations; and (cc) has, or is treated as having, a right of permanent residence for the purposes of the Immigration (European Economic Area) Regulations 2016, as those Regulations continue to have effect by virtue of the 2020 Citizens’ Rights Regulations in relation to that person during the relevant period; or (v) the person is a family member of a relevant person of Northern Ireland for the purposes of residence scheme immigration rules, where that family member is settled in the United Kingdom by virtue of the grant of indefinite leave to enter or remain under residence scheme immigration rules;

• (c) after sub-paragraph (1), insert—

(2) For the purposes of sub-paragraph (1)(a)(ii)(cc), “eligibility requirements for indefinite leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules” means the eligibility requirements for such leave in accordance with paragraph EU11 of Appendix EU to the immigration rules (as defined in section 33(1) of the Immigration Act 1971).

• (6) After paragraph 7 (workers, employed persons, self-employed persons and their family members), insert—

(7A) (1) A person with protected rights, or a frontier worker within the meaning of regulation 3 of the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020, who— (a) is— (i) an EEA migrant worker or an EEA self-employed person; (ii) a Swiss employed person or a Swiss self-employed person; (iii) a family member of a person mentioned in sub-paragraph (i) or (ii); (iv) an EEA frontier worker or an EEA frontier self-employed person; (v) a Swiss frontier employed person or a Swiss frontier self-employed person; or (vi) a family member of a person mentioned in sub-paragraph (iv) or (v); (b) subject to sub-paragraph (2), is ordinarily resident in England on the first day of the first academic year of the course; and (c) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course. (2) Paragraph (b) of sub-paragraph (1) does not apply where the person applying for support falls within paragraph (a)(iv), (v) or (vi) of sub-paragraph (1). (3) In this paragraph, a description of a person in sub-paragraph(1)(a)(i) is to be read as if it includes a relevant person of Northern Ireland who would, if that person were an EEA national or solely an EEA national, be an EEA migrant worker or an EEA self-employed person.

• (7) After paragraph 8, insert—

(8A) (1) A person with protected rights who— (a) is ordinarily resident in England on the first day of the first academic year of the course; (b) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and (c) is entitled to support by virtue of Article 10 of Regulation (EU) No. 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (“the Workers Regulation”), as it had effect immediately before IP completion day, as extended by the EEA Agreement, as it had effect immediately before IP completion day. (2) For the purposes of sub-paragraph (1)(c), in Article 10 of the Workers Regulation— (a) the reference to a “national of a Member State” is to be read as including a relevant person of Northern Ireland; and (b) the reference to “another Member State” is to be read as including the United Kingdom, and the references to “that State” construed accordingly.

• (8) After paragraph 9 (persons who are settled in the United Kingdom and have exercised a right of residence elsewhere), insert—

(9A) (1) A person who— (a) is settled in the United Kingdom; (b) was ordinarily resident in England and settled in the United Kingdom immediately before leaving the United Kingdom and who has exercised a right of residence before IP completion day; (c) was ordinarily resident immediately before IP completion day— (i) in the territory comprising Gibraltar, the European Economic Area and Switzerland; or (ii) in the United Kingdom, where that ordinary residence began after 31st December 2017immediately following a period of ordinary residence in the territory comprising Gibraltar, the European Economic Area and Switzerland, and has remained ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the period beginning on IP completion day and ending immediately before the first day of the first academic year of the course; (d) is ordinarily resident in the United Kingdom on the day on which the first term of the first academic year actually begins; (e) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and (f) in a case where the person’s ordinary residence referred to in paragraph (e) was wholly or mainly for the purposes of receiving full-time education, was ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (e). (2) For the purposes of this paragraph, a person has exercised a right of residence if that person is a United Kingdom national, a family member of a United Kingdom national for the purposes of Article 7 of Directive 2004/38 (or corresponding purposes under the EEA Agreement or Swiss Agreement) or a person who had the right of permanent residence who in each case has exercised a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA Agreement or Swiss Agreement in a state other than the United Kingdom or, in the case of a person who is settled in the United Kingdom and had the right of permanent residence, if the person has gone to the state within the territory comprising the European Economic Area and Switzerland of which the person is a national or of which the person in relation to whom the person is a family member is a national. (3) For the purposes of sub-paragraph (2), a person had the right of permanent residence if they had a right which arose under Directive 2004/38 to reside permanently in the United Kingdom without restriction.

• (9) In the heading to paragraph 10 (EU nationals), at the end, insert “etc.”.

• (10) After paragraph 10, insert—

(10A) (1) A person with protected rights— (a) who is — (i) an EU national on the first day of the first academic year of the course; (ii) a family member of a person mentioned in sub-paragraph (i); or (iii) a family member of a relevant person of Northern Ireland; (b) who is attending or undertaking a designated course in England; (c) who has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and (d) subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education. (2) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland in accordance with paragraph 1(5). (10B) (1) A person— (a) who is— (i) a United Kingdom national on the first day of the first academic year of the course; or (ii) a family member of a person mentioned in sub-paragraph (i); (b) who was ordinarily resident immediately before IP completion day— (i) in the territory comprising the European Economic Area and Switzerland; or (ii) in the United Kingdom, where that ordinary residence began after 31st December 2017immediately following a period of ordinary residence in the territory comprising the European Economic Area and Switzerland, and has remained ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the period beginning on IP completion day and ending immediately before the first day of the first academic year of the course; (c) who is attending or undertaking a designated course in England; (d) who has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and (e) subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland has not during any part of the period referred to in paragraph (d) been wholly or mainly for the purpose of receiving full-time education. (2) Paragraph (e) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland in accordance with paragraph 1(5). (3) Where a person (“P”) falls within sub-paragraph (1)(a)(ii), the person in relation to whom P is a family member must also meet the requirements of sub-paragraph (1)(b) and (d). (10C) (1) A person— (a) who is a family member of a person who is a United Kingdom national on the first day of the first academic year of the course; (b) who is attending or undertaking a designated course in England; (c) who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course; and (d) subject to sub-paragraph (2), whose ordinary residence in the United Kingdom and Islands has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education. (2) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the United Kingdom and Islands in accordance with paragraph 1(5). (10D) (1) A person— (a) who is— (i) a United Kingdom national who has resident status in Gibraltar granted by the Government of Gibraltar; (ii) a family member of a United Kingdom national, where that family member has resident status in Gibraltar granted by the Government of Gibraltar; (iii) an EU national who has a right of residence in Gibraltar arising under the EU withdrawal agreement; or (iv) a family member of an EU national, where that family member has a right of residence in Gibraltar arising under the EU withdrawal agreement; (b) who is attending or undertaking a designated course in England; (c) who has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and (d) subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education. (2) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland in accordance with paragraph 1(5).

• (11) Before paragraph 11, insert the heading “EU nationals ordinarily resident in the United Kingdom and Islands”.

• (12) After paragraph 11, insert—

(11A) A person with protected rights who— (a) is an EU national on the first day of the first academic year of the course; (b) is ordinarily resident in England on the first day of the first academic year of the course; (c) has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the first academic year of the course; and (d) in a case where the person’s ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland immediately prior to the period of ordinary residence referred to in paragraph (c).

• (13) After paragraph 12 (children of Swiss nationals), insert—

(12A) A person with protected rights who— (a) is the child of a Swiss national who is entitled to support in the United Kingdom by virtue of Article 18(2) of the Swiss citizens’ rights agreement; (b) is ordinarily resident in England on the first day of the first academic year of the course; (c) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and (d) in a case where the person’s ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland immediately prior to the period of ordinary residence referred to in paragraph (c).

• (14) After paragraph 13 (children of Turkish workers), insert—

(13A) A person who— (a) is the child of a Turkish worker (“T”), where T was ordinarily resident in the United Kingdom immediately before IP completion day; (b) immediately before IP completion day— (i) was the child of T; and (ii) was ordinarily resident in the United Kingdom; (c) is ordinarily resident in England on the first day of the first academic year of the course; and (d) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area, Switzerland and Turkey throughout the three-year period preceding the first day of the first academic year of the course.

Signed

Michelle Donelan — Minister of State — Department for Education — 4th February 2021

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the Education (Student Support) Regulations 2011 (S.I. 2011/1986) (“the Student Support Regulations”), the Education (Fees and Awards) (England) Regulations 2007 (S.I. 2007/779) (“the Fees and Awards Regulations”), the Education (Student Support) (European University Institute) Regulations 2010 (S.I. 2010/447), the Further Education Loans Regulations 2012 (S.I. 2012/1818), the Education (Postgraduate Master’s Degree Loans) Regulations 2016 (S.I. 2016/606), the Higher Education (Fee Limit Condition) (England) Regulations 2017 (S.I. 2017/1189) and the Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 2018 (S.I. 2018/599).

Part 2 amends the Student Support Regulations. The principal amendments are made in consequence of the United Kingdom’s exit from the European Union and take effect in relation to an academic year beginning on or after 1st August 2021. The amendments also make minor corrections to the Student Support Regulations.

Regulation 2 amends the definitions and brings the Turing scheme established by the Secretary of State for Education within the scope of the Student Support Regulations.

Regulation 4 amends the provisions relating to eligibility for student support. It makes provision for new eligibility categories which apply in relation to applications for support by students undertaking courses in an academic year beginning on or after 1st August 2021. It restricts certain eligibility categories applicable before 1st August 2021 to students falling within those categories before 1st August 2021 and undertaking a course beginning before 1st August 2021. Those eligibility categories continue to apply in relation to such a course and the first course to which that person’s status as an eligible student may be transferred in accordance with the Student Support Regulations.

Regulations 5 to 24 make related amendments to the Student Support Regulations.

Regulation 25 amends Schedule 1 to the Student Support Regulations, principally to insert new eligibility paragraphs and related definitions. The amendments apply in relation to—

• persons settled in the United Kingdom who have been ordinarily resident in the United Kingdom, the Channel Islands and the Isle of Man and the Republic of Ireland;

• persons falling within the personal scope of the citizens’ rights provisions of the EU withdrawal agreement, the EEA EFTA separation agreement and the Swiss citizens’ rights agreement (“the Agreements”) who have leave to enter or remain in the United Kingdom granted under residence scheme immigration rules (as defined in section 17 of the European Union (Withdrawal Agreement) Act 2020);

• persons falling within the personal scope of the citizens’ rights provisions of the Agreements who are in the grace period for applications for leave under residence scheme immigration rules, or whose applications for such leave are not yet determined, and Irish citizens who do not require leave to enter or remain in the United Kingdom;

• family members of relevant persons of Northern Ireland who have leave to enter or remain in the United Kingdom under residence scheme immigration rules;

• frontier workers within the meaning of regulation 3 of the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020(S.I. 2020/1213);

• persons settled in the United Kingdom who exercised a right of residence in the European Economic Area or Switzerland before IP completion day;

• nationals of the United Kingdom and their family members who before IP completion day have been ordinarily resident in the European Economic Area or Switzerland, in relation to courses beginning before 1st January 2028;

• family members of nationals of the United Kingdom who are resident in the United Kingdom and Islands;

• nationals of the United Kingdom and their family members resident in Gibraltar and persons with a right to reside in Gibraltar arising under the EU withdrawal agreement; and

• children of Turkish workers resident in the United Kingdom before IP completion day.

Part 3 (other than regulation 27(e)) makes similar amendments to the Fees and Awards Regulations. The Regulations authorise the charging of fees which are higher in the case of students not having a specified connection with the United Kingdom than in the case of students having such a connection, and the adoption of rules of eligibility which confine awards to those with such a connection with the United Kingdom. In addition, regulation 27(e) amends a provision on “ordinary residence” so that students from the Channel Islands and the Isle of Man who move to the United Kingdom for the purposes of study will be treated as ordinarily resident in the United Kingdom for the purposes of the Fees and Awards Regulations.

Part 4 makes similar amendments to those made to the Student Support Regulations to the Education (Student Support) (European University Institute) Regulations 2010.

Part 5 (other than regulation 48) makes similar amendments to those made to the Student Support Regulations to the Further Education Loans Regulations 2012. Regulation 48 corrects an error in the Further Education Loans Regulations 2012.

Part 6 makes similar amendments to those made to the Student Support Regulations to the Education (Postgraduate Master’s Degree Loans) Regulations 2016.

Part 7 makes similar amendments to those made to the Fees and Awards Regulations to the Higher Education (Fee Limit Condition) (England) Regulations 2017. Regulation 61(3)(b) amends the description of “ordinary residence” to the same effect as regulation 27(e).

Part 8 makes similar amendments to those made to the Student Support Regulations to the Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 2018.

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available alongside these Regulations at www.legislation.gov.uk. Copies are also available from the Department for Education, Student Funding Policy, Sanctuary Buildings, Great Smith Street, London SW1P 3BT.

Footnotes

[^f00001]: 1983 c. 40. Section 1 was amended by paragraph 91 of Schedule 12 to the Education Reform Act 1988 (c. 40); paragraph 19 of Schedule 8 to the Further and Higher Education Act 1992 (c. 13); paragraph 8 of Schedule 9 to the Further and Higher Education (Scotland) Act 1992 (c. 37); paragraph 7 of Schedule 2 to the Education Act 1994 (c. 30); paragraph 57 of Schedule 37 to the Education Act 1996 (c. 56); paragraph 5 of Schedule 3 to the Teaching and Higher Education Act 1998 (c. 30); paragraph 11 of Schedule 9 to the Learning and Skills Act 2000 (c. 21); paragraph 5 of Schedule 21, and Part 3 of Schedule 22, to the Education Act 2002 (c. 32); paragraph 9 of Schedule 14 to the Education Act 2005 (c. 18); paragraph 5 of Schedule 5, and paragraph 5 of Schedule 16, to the Education Act 2011 (c. 21); paragraph 33 of Schedule 14 to the Deregulation Act 2015 (c. 20); S.I. 2005/3238, S.I. 2010/1080 and S.I. 2010/1158. Section 2 was amended by paragraph 1 of Schedule 4 to the Teaching and Higher Education Act 1998.

[^f00002]: 1998 c. 30. Section 22 was amended by section 146(2) of, and paragraph 1 of Schedule 11 to, the Learning and Skills Act 2000 (c. 21); paragraph 236 of Schedule 6 to the Income Tax (Earnings and Pensions) Act 2003 (c. 1); section 147(3) of the Finance Act 2003 (c. 14); sections 42(1) and 43(2) and (3) of, and Schedule 7 to, the Higher Education Act 2004 (c. 8); section 257(2) of the Apprenticeships, Skills, Children and Learning Act 2009 (c.22); section 76(1) and (2)(a) of the Education Act 2011 (c. 21); section 88(2) to (5) of the Higher Education and Research Act 2017 (c. 29); and S.I. 2013/1881. Section 22 is also amended by section 86(2) to (7) of the Higher Education and Research Act 2017 but those amendments are not yet in force. Section 42 was amended by paragraph 9 of Schedule 12 to the Education Act 2002 (c. 32); paragraph 9 of Schedule 6 to the Higher Education Act 2004; and paragraph 15 of Schedule 2 to the Education Act 2011. See section 43(1) for the definitions of “prescribed” and “regulations”.

[^f00003]: 2017 c. 29. See section 10(9) for the definition of “prescribed”.

[^f00004]: S.I. 2011/1986, amended by S.I. 2012/1653, 2013/235, 630, 1728, 3106, 2014/1766, 2103, 2765, 2015/1951, 2016/211, 270, 584, S.I. 2017/52, 114, 204, 2018/136, 137, 434, 443, 472, 599, 2019/142, 983, 1094, 2020/48, 1181 and 1203.

[^f00005]: S.I. 2020/1209, amended by S.I. 2020/139.

[^f00006]: The definition of “Erasmus year” was substituted by S.I. 2013/1728 and amended by S.I. 2017/114, 2018/472.

[^f00007]: The definition of “person granted stateless leave” was inserted by S.I. 2018/137.

[^f00008]: 1971 c. 77. Section 3ZA was inserted by section 2 of the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (c.20).

[^f00009]: The definition of “regulated institution” was inserted by S.I. 2017/114.

[^f00010]: 2020 c.1.

[^f00011]: There are no relevant amendments to regulation 7.

[^f00012]: Regulation 17 was amended by S.I. 2018/137, 2019/142, 2020/48, 1181 and 1203.

[^f00013]: Relevant amending instruments are S.I. 2012/1653, 2016/270, 2020/1203.

[^f00014]: Regulation 40 was inserted by S.I. 2014/2765; there are other amending instruments but none is relevant.

[^f00015]: Relevant amending instruments are S.I. 2012/1653, 2015/1951 and 2020/1203.

[^f00016]: Relevant amending instruments are S.I. 2012/1653 and 2020/1203.

[^f00017]: Regulation 49A was inserted by S.I. 2012/1653 and amended by S.I. 2020/1203.

[^f00018]: Regulation 56 was amended by S.I. 2012/1653; there are other amending instruments but none is relevant.

[^f00019]: Regulation 61 was amended by S.I. 2012/1653; there are other amending instruments but none is relevant.

[^f00020]: Relevant amending instruments are S.I. 2013/1728 and 2016/270.

[^f00021]: Regulation 85 was amended by S.I. 2018/137, 2018/472, 2019/142, 2020/48, 1181 and 1203.

[^f00022]: Regulation 138 was amended by S.I. 2018/472, 2019/142, 2020/48, 1181 and 1203.

[^f00023]: Regulation 138A was amended by S.I. 2018/137, 472, 2019/142, 2020/48, 1181 and 1203.

[^f00024]: Regulation 139A was inserted by S.I. 2018/472; there are other amending instruments but none is relevant.

[^f00025]: This version of regulation 147 was inserted by S.I. 2018/472, and amended by S.I. 2020/1203.

[^f00026]: Regulation 157B was inserted by S.I. 2018/472; there are no relevant amendments to regulation 157B.

[^f00027]: Regulation 159 was amended by S.I. 2014/2765; there are other amending instruments but none is relevant.

[^f00028]: Regulation 160 was amended by S.I. 2018/137, 2019/142, 2020/48, 1181 and 1203.

[^f00029]: Paragraph 1 was amended by S.I. 2012/1653, 2020/1181.

[^f00030]: Paragraph 2 was substituted by S.I. 2017/114.

[^f00031]: Paragraph 3 was amended by S.I. 2020/1181.

[^f00032]: S.I. 2016/1052, amended by S.I. 2017/1, 1242, 2018/801, 2019/468, 2019/1155. S.I. 2016/1052 was revoked on IP completion day by para 2(2) of Schedule 1 to the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (c. 20), subject to the savings in SI 2020/1309.

[^f00033]: The immigration rules were laid before Parliament on 23rd May 1994 (HC 395). Appendix EU was laid before Parliament on 20th July 2018 as part of a command paper that amended the immigration rules entitled “Statement of Changes in Immigration rules” (Cm 9675). Appendix EU was amended by the statement of changes in immigration rules presented to Parliament on 14th May 2020 (CPC 232) and on 22nd October 2020 (HC 813).

[^f00034]: S.I. 2020/1213.

[^f00035]: OJ L 141, 27.05.2011, p.1, amended by Regulation (EU) 2016/589 of the European Parliament and of the Council of 13 April 2016 (OJ L 107, 22.4.2016, p. 1) and Regulation (EU) 2019/1149 of the European Parliament and of the Council of 20 June 2019 ( OJ L 186, 11.7.2019, p. 21).

[^f00036]: Annex V of the EEA Agreement incorporates Regulation (EU) No. 492/2011, with modifications that are not relevant for the purposes of these Regulations.

[^f00037]: S.I. 2007/779, amended by S.I. 2007/2263, 2010/1172, 1941, 2011/87, 1043, 1987, 2012/765, 956, 1653, 2015/971, 2016/584, 2017/114, 2018/137, 1141, 2019/142, 1027, 2020/48, 1183, 1203.

[^f00038]: Paragraphs (4), (5) and (6) were amended by S.I. 2020/1181. Paragraph (8) was inserted by S.I. 2007/2263.

[^f00039]: Regulation 4 was amended by S.I. 2012/765 and 2019/1027.

[^f00040]: Regulation 5 was amended by S.I. 2010/1172.

[^f00041]: Regulation 6 was amended by S.I. 2019/1027.

[^f00042]: Regulation 7 was amended by S.I. 2012/765.

[^f00043]: Regulation 8 was amended by S.I. 2019/1027.

[^f00044]: Regulation 9 was amended by S.I. 2012/956, 2015/971.

[^f00045]: Regulation 9A was amended by S.I. 2018/1141.

[^f00046]: Schedule 1 was amended by S.I. 2007/2263, 2011/87, 1043, 1987, 2016/584, 2017/114, 2018/137, 2019/142, 2020/48, 1181, 1203.

[^f00047]: Paragraph 1 was amended by S.I. 2011/87, 2011/1043, 2018/137.

[^f00048]: Paragraph 2 was substituted by S.I. 2017/114.

[^f00049]: Paragraph 3 was amended by S.I. 2007/2263, 2020/1181.

[^f00050]: S.I. 2010/447, amended by S.I. 2011/83, 2012/3059, 2013/630, 1728, 2016/211, 2017/114, 204, 2018/137, 472, 2019/142, 2020/48, 1181, 1203.

[^f00051]: Regulation 3 was amended by S.I. 2011/83, 2018/137, 2019/142, 2020/48, 1203.

[^f00052]: Regulation 9 was amended by 2011/83, 2012/3059, 2018/137, 2019/142, 2020/48.

[^f00053]: Regulation 17(2) was amended by S.I. 2017/114.

[^f00054]: Regulation 19(2) was amended by S.I. 2017/114.

[^f00055]: Regulation 22(3) was amended by S.I. 2017/114.

[^f00056]: Regulation 24(2) was amended by S.I. 2017/114.

[^f00057]: Paragraph 1 was amended by S.I. 2011/83, S.I. 2020/1181.

[^f00058]: Paragraph 3 was amended by S.I. 2020/1181.

[^f00059]: S.I. 2012/1818, amended by S.I. 2014/290, 1766, 2015/181, 2016/238, 584, 2017/336, 2018/182, 2019/142, 2020/48, 1181, 1203 .

[^f00060]: Regulation 2 was amended by S.I. 2014/1766, 2018/182, 2019/142, 2020/48, 1181, 1203.

[^f00061]: Regulation 3 was amended by S.I. 2014/1766, 2016/238, 2018/182, 2019/142, 2020/48, 1181, 1203.

[^f00062]: Regulation 7 was amended by S.I. 2016/238, 2018/182, 2019/142, 2020/48, 1181, 1203.

[^f00063]: Paragraph 1 was amended by S.I. 2020/1181.

[^f00064]: Paragraph 3(a) was amended by S.I. 2020/1181.

[^f00065]: S.I. 2016/606, amended by S.I. 2016/668, 2017/594, 831, 2018/137, 599, 2019/142, 1094, 2020/48, 1181, 1203.

[^f00066]: Paragraph 2 was amended by S.I. 2018/137, 2019/142, 2020/48, 1181, 1203.

[^f00067]: There are no relevant amendments to regulation 3.

[^f00068]: Regulation 139A was inserted by S.I. 2018/472; there are other amending instruments but none is relevant.

[^f00069]: Regulation 8 was amended by S.I. 2018/137, 2019/142, 2020/48, 1181, 1203.

[^f00070]: Paragraph 1 was amended by SI 2020/1181.

[^f00071]: Paragraph 2 was substituted by S.I. 2017/594.

[^f00072]: Paragraph 3 was amended by S.I. 2020/1181.

[^f00073]: S.I. 2017/1189, amended by S.I. 2018/903, 2019/142, 2020/48, 1181, 1203.

[^f00074]: Regulation 6(2) was amended by S.I. 2018/903, 2019/142, 2020/48, 2020/1181, 1203.

[^f00075]: Paragraph 1 was amended by S.I. 2018/903, 2020/1181.

[^f00076]: Paragraph 2 was amended by S.I. 2020/1181.

[^f00077]: Paragraph 3(1) was amended by S.I. 2018/903.

[^f00078]: Paragraph 4(a) was amended by S.I. 2020/1181.

[^f00079]: S.I. 2018/599, amended by S.I. 2019/142, 1094, 2020/48, 1181, 1203.

[^f00080]: Paragraph 2 was amended by S.I. 2018/137, 2019/142, 2020/48, 1181, 1203.

[^f00081]: Regulation 3 was amended by S.I. 2019/1094, 2020/48.

[^f00082]: Regulation 139A was inserted by S.I. 2018/472; there are other amending instruments but none is relevant.

[^f00083]: Regulation 8 was amended by S.I. 2019/142, 2020/48, 1181, 1203.

[^f00084]: Paragraph 1 was amended by S.I. 2020/1181.

[^f00085]: Paragraph 3 was amended by S.I. 2020/1181.