The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023

Made: 24th January 2023

Laid before Parliament: 26th January 2023

Coming into force: 16th February 2023

The Secretary of State makes the following Regulations in exercise of the powers in sections 1 and 2 of the Education (Fees and Awards) Act 1983[^f00001], sections 22 and 42(6) of the Teaching and Higher Education Act 1998[^f00002] and sections 10(4)(b) and 119(5) of the Higher Education and Research Act 2017[^f00003].

PART 1 — Introductory

Citation and commencement

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These Regulations may be cited as the Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 and come into force on 16th February 2023.

Extent and application

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• (1) These Regulations extend to England and Wales.

• (2) Regulations 97 to 109 (amendment of the Higher Education (Fee Limit Condition) (England) Regulations 2017) apply in relation to English higher education providers[^f00004].

• (3) Otherwise these Regulations apply in relation to England only.

• (4) The provisions of these Regulations specified in paragraph (5) apply only in relation to the provision of support, and to fees and awards applicable, in relation to a new academic year, whether or not anything done under these Regulations is done before, on or after 1st August 2023.

• (5) The provisions mentioned in paragraph (4) are—

• (a) regulations 11 to 32, 60 to 62, 76 to 78, 90 to 92, 104, 105, 116 to 118, 127 and 128 (amendments relating to ordinary residence requirements for existing protected categories or to in-year events);

• (b) regulations 33(3)(b), 34(b), 35(b), 36(b), 37(3), 63(b), 64(4), 70(b), 71(3)(b), 80(b), 81(b), 82(b), 94(b), 95(b), 107(b), 108(b), 120(b), 121(b), 129(b), 130(b), 131(b) and 132(3)(b) (amendments relating to family members of persons granted leave under one of the Ukraine Schemes);

• (c) regulation 53 and the Schedule (new payment rates: student support).

• (6) The provisions of these Regulations specified in paragraph (7) apply only in relation to the provision of support, and to fees and awards applicable, in relation to—

• (a) a new course, or

• (b) a new academic year of an existing course,

whether or not anything done under these Regulation is done before, on or after 1st August 2023.

• (7) The provisions mentioned in paragraph (6) are regulations 33(2), 33(3)(a), 34(a), 35(a), 36(a), 37(2), 63(a), 64(2) and (3), 70(a), 71(2) and (3)(a), 79, 80(a), 81(a), 82(a), 93, 94(a), 95(a), 106, 107(a), 108(a), 119, 120(a), 121(a)129(a), 130(a), 131(a), 132(2) and (3)(a) (amendments relating to family members of persons granted leave under one of the Afghan Schemes).

• (8) The following provisions of these Regulations apply in relation to the provision of support to a student, and to fees and awards applicable, in relation to a new course, whether or not anything done under these Regulations is done before, on or after 1st August 2023—

• (a) regulations 38 to 47 and 109 (amendments relating to courses for higher technical qualifications or courses for the initial training of teachers in further education);

• (b) regulation 96 (new payment rates: Master’s Degrees);

• (c) regulations 122 and 123 (new payment rates: Doctoral Degrees);

• (d) regulations 134 to 136 (amendments relating to students who cease to be eligible students).

• (9) In this regulation—

• “existing course” means a course which begins— on or after 1st August 2022, and on or before 31st July 2023;

• “new course” means a course which begins on or after 1st August 2023.

• (10) This regulation is subject to Part 5 (savings).

Interpretation: general

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• (1) In these Regulations “new academic year” means an academic year which begins on or after 1st August 2023.

• (2) For the purposes of these Regulations, an “academic year” is the period of twelve months beginning with 1st January, 1st April, 1st July or 1st September of the calendar year in which the academic year of the course in question begins, according to whether the academic year of the course in question begins—

• (a) on or after 1st January and before 1st April,

• (b) on or after 1st April and before 1st July,

• (c) on or after 1st July and before 1st August, or

• (d) on or after 1st August and on or before 31st December.

PART 2 — Amendment of the Education (Student Support) Regulations 2011

CHAPTER 1 — Introductory

Amendment of the Education (Student Support) Regulations 2011

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The Education (Student Support) Regulations 2011[^f00005] are amended in accordance with this Part.

CHAPTER 2 — Definitions

Insertion of definition of “the course start date”

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In regulation 2(1) (interpretation), after the definition of “course for the initial training of teachers” insert—

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

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In Part 2 of Schedule 1 (eligible students: categories)[^f00006]—

• (a) paragraph 2A(1)(a) (persons who are settled in the United Kingdom), for “the day on which the first term of the first academic year actually begins” substitute “the course start date”;

• (b) in paragraph 8(1)(c) (persons who are settled in the United Kingdom and have exercised a right of residence elsewhere), for “the day on which the first term of the first academic year actually begins” substitute “the course start date”;

• (c) in paragraph 8A(1)(d) (persons who are settled in the United Kingdom and have exercised a right of residence elsewhere), for “the day on which the first term of the first academic year actually begins” substitute “the course start date”.

Insertion of definition of “immigration rules”

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In regulation 2(1) (interpretation)[^f00007]—

• (a) after the definition of “household income”, insert—

• “immigration rules” has the meaning given in section 33(1) of the Immigration Act 1971[^f00008];

• (b) in the definition of “person granted Calais leave”, in paragraph (a) omit “as defined in section 33(1) of the Immigration Act 1971”;

• (c) in the definition of “person granted humanitarian protection”, in paragraph (a) omit “as defined in section 33(1) of the Immigration Act 1971”;

• (d) in the definition of “person granted indefinite leave to remain as a bereaved partner”, in paragraph (a) omit “, as defined in section 33(1) of the Immigration Act 1971”;

• (e) in the definition of “person granted indefinite leave to remain as a victim of domestic violence or domestic abuse”, in paragraph (a) omit “, as defined in section 33(1) of the Immigration Act 1971”;

• (f) in the definition of “person granted leave under the Afghan Citizens Resettlement Scheme”, paragraph (a)(i) omit “as defined in section 33(1) of the Immigration Act 1971”;

• (g) in the definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme”, in paragraph (a)(i)—

• (i) for “Immigration Rules”, in the first place it appears, substitute “immigration rules”;

• (ii) for “Immigration Rules as defined in section 33(1) of the Immigration Act 1971” substitute “immigration rules”;

• (h) in the definition of “person granted leave under the Homes for Ukraine Sponsorship Scheme”—

• (i) in paragraph (a)(i), for “Immigration Rules as defined in section 33(1) of the Immigration Act 1971” substitute “immigration rules”;

• (ii) in paragraph (a)(ii), for “Immigration Rules as defined in section 33(1) of the Immigration Act 1971” substitute “immigration rules”;

• (i) in the definition of “person granted leave under the Ukraine Extension Scheme”, in paragraph (a), omit “as defined in section 33(1) of the Immigration Act 1971”;

• (j) in the definition of “person granted leave under the Ukraine Family Scheme”—

• (i) in paragraph (a)(i) omit “as defined in section 33(1) of the Immigration Act 1971”;

• (ii) in paragraph (a)(ii) omit “as defined in section 33(1) of the Immigration Act 1971”;

• (k) in the definition of “person granted stateless leave”, in paragraph (a) omit “(within the meaning given in section 33(1) of the Immigration Act 1971)”.

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In Part 2 of Schedule 1 (eligible students: categories)[^f00009]—

• (a) in paragraph 3(2) omit “(as defined in section 33(1) of the Immigration Act 1971)”;

• (b) in paragraph 4A(4) omit “(within the meaning given in section 33(1) of the Immigration Act 1971)”.

Amendments to the definitions of “overseas territories” and “specified British overseas territories”

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In Part 1 of Schedule 1 (eligible students: interpretation)[^f00010], in paragraph 1(1)—

• (a) in the definition of “overseas territories”, for “St Helena and Dependencies (Ascension Island and Tristan da Cunha)” substitute “St Helena, Ascension and Tristan da Cunha”;

• (b) in the definition of “specified British overseas territories”, for “St Helena and Dependencies (Ascension Island and Tristan da Cunha)” substitute “St Helena, Ascension and Tristan da Cunha”.

Amendments to the definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme”

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In regulation 2(1) (interpretation) in the definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme” (as amended by regulation 7 of these Regulations)—

• (a) in paragraph (a), after sub-paragraph (i) insert—

(ia) indefinite leave to enter the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.2 of that Appendix of those rules;

• (b) in paragraph (a)(iv), after “of those rules” insert “or paragraph ARAP 16.1 of Appendix Afghan Relocation and Assistance Policy of those rules”.

CHAPTER 3 — Eligible students, eligible part-time students and eligible postgraduate students

Amendments relating to the ordinary residence requirements for students in existing protected categories

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• (1) Part 2 of Schedule 1 (eligible students: categories)[^f00011] is amended as follows.

• (2) In paragraph 4 (refugees and their family members)—

• (a) in sub-paragraph (1)(c), for “the first day of the first academic year of the course” substitute “the course start date”;

• (b) in sub-paragraph (2)(d), for “the first day of the first academic year of the course” substitute “the course start date”;

• (c) in sub-paragraph (3)(e), for “the first day of the first academic year of the course” substitute “the course start date”.

• (3) In paragraph 4A (persons granted stateless leave and their family members)—

• (a) in sub-paragraph (1), for “the first day of the first academic year of the course” substitute “the course start date”;

• (b) in sub-paragraph (2)(c), for “the first day of the first academic year of the course” substitute “the course start date”;

• (c) in sub-paragraph (3)(d), for “the first day of the first academic year of the course” substitute “the course start date”.

• (4) In paragraph 4B (persons granted section 67 leave), for “the first day of the first academic year of the course” substitute “the course start date”.

• (5) In paragraph 4C (persons granted indefinite leave to remain as a victim of domestic violence or domestic abuse), for “the first day of the first academic year of the course” substitute “the course start date”.