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

• (b) in paragraph (9A)(a), after “Schemes” insert “or the spouse, civil partner, child or step-child of a person granted leave under one of the Ukraine Schemes”.

131

In regulation 7 (students who become eligible after the start of an HE short course) (as amended by regulation 128 of these Regulations), in paragraph (2)—

• (a) in sub-paragraph (g), after “the student” insert “, or the student’s spouse, civil partner, parent or step-parent,”;

• (b) in sub-paragraph (l), after “the student” insert “, or the student’s spouse, civil partner, parent or step-parent,”.

132

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

• (2) In Part 1 (interpretation), in paragraph 1(1) (as amended by regulation 126 of these Regulations)—

• (a) in the definition of “person granted leave under the Afghan Citizens Resettlement Scheme”—

• (i) at the end of paragraph (a)(i), for “or” substitute “and”;

• (ii) omit paragraph (a)(ii) (including “and” at the end);

• (b) in the definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme”—

• (i) at the end of paragraph (a)(ii), insert “or”;

• (ii) at the end of paragraph (a)(iii), for “or” substitute “and”;

• (iii) omit paragraph (a)(iv) (including “and” at the end).

• (3) In Part 2 (categories)—

• (a) for paragraph 26 (including the heading) substitute—

(26) (1) A person granted leave under one of the Afghan Schemes who is ordinarily resident in England on the first day of the HE short course. (2) A person who— (a) is the spouse or civil partner of a person granted leave under one of the Afghan Schemes, (b) on the leave application date, was the spouse or civil partner of that person, (c) is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being granted leave to enter or remain in the United Kingdom, and (d) is ordinarily resident in England on the first day of the HE short course. (3) A person who— (a) is— (i) the child of a person granted leave under one of the Afghan Schemes, or (ii) the child of the spouse or civil partner of a person granted leave under one of the Afghan Schemes, (b) on the leave application date, was— (i) the child of the person granted leave under one of the Afghan Schemes, or (ii) the child of a person who was the spouse or civil partner of a person granted leave under one of the Afghan Schemes on that date, (c) was under 18 on the leave application date, (d) is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom, and (e) is ordinarily resident in England on the first day of the HE short course. (4) In this paragraph “leave application date” means the date on which the person granted leave under one of the Afghan Schemes made an application for leave to enter or remain in the United Kingdom.

• (b) for paragraph 28 (including the heading)⁹⁷ substitute—

(28) (1) A person granted leave under one of the Ukraine Schemes who is ordinarily resident in England on the first day of the HE short course. (2) A person who— (a) is the spouse or civil partner of a person granted leave under one of the Ukraine Schemes, (b) on the leave application date, was the spouse or civil partner of that person, (c) is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being granted leave to enter or remain in the United Kingdom, and (d) is ordinarily resident in England on the first day of the HE short course. (3) A person who— (a) is— (i) the child of a person granted leave under one of the Ukraine Schemes, or (ii) the child of the spouse or civil partner of a person granted leave under one of the Ukraine Schemes, (b) on the leave application date, was— (i) the child of the person granted leave under one of the Ukraine Schemes, or (ii) the child of a person who was the spouse or civil partner of a person granted leave under one of the Ukraine Schemes on that date, (c) was under 18 on the leave application date, (d) is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom, and (e) is ordinarily resident in England on the first day of the HE short course. (4) In this paragraph “leave application date” means the date on which the person granted leave under one of the Ukraine Schemes made an application for leave to enter or remain in the United Kingdom.

PART 4 — Other amendments

Amendment of regulation 9 of the Education (Student Support) (European University Institute) Regulations 2010

133

In regulation 9 (eligible students) of the Education (Student Support) (European University Institute) Regulations 2010 (as amended by regulation 70 of these Regulations)—

• (a) in paragraph (11C)(a), for “eligible person” substitute “eligible student”;

• (b) in paragraph (11D)(a), for “eligible person” substitute “eligible student”.

Amendments relating to termination of status as eligible student: Education (Postgraduate Master’s Degree Loans) Regulations 2016

134

• (1) Regulation 3 (eligible students) of the Education (Postgraduate Master’s Degree Loans) Regulations 2016⁹⁸ is amended as follows.

• (2) After paragraph (8) insert—

(8A) Where— (a) the Secretary of State determined that, by virtue of being a refugee or the spouse, civil partner, child or step-child of a refugee, a person (“A”) was an eligible student in connection with an application for a postgraduate master’s degree loan for a designated course; and (b) as at the day before the relevant day, the refugee status of A or of A’s spouse, civil partner, parent or step-parent, as the case may be, has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002 (“the 2002 Act”)⁹⁹), A’s status as an eligible student terminates immediately before the relevant day. (8B) Where— (a) the Secretary of State determined that, by virtue of being a person granted stateless leave or the spouse, civil partner, child or step-child of a person granted stateless leave, a person (“A”) was an eligible student in connection with an application for a postgraduate master’s degree loan for a designated course; and (b) as at the day before the relevant day, the period for which the person granted stateless leave is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted, A’s status as an eligible student terminates immediately before the relevant day. (8C) Where— (a) the Secretary of State determined that, by virtue of being a person granted section 67 leave, a person (“A”) was an eligible student in connection with an application for a postgraduate master’s degree loan for a designated course; and (b) as at the day before the relevant day, the period for which A is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted, A’s status as an eligible student terminates immediately before the relevant day. (8D) Where— (a) the Secretary of State determined that, by virtue of being a person granted Calais leave, a person (“A”) was an eligible student in connection with an application for a postgraduate master’s degree loan for a designated course; and (b) as at the day before the relevant day, the period for which A is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted, A’s status as an eligible student terminates immediately before the relevant day. (8E) Where— (a) the Secretary of State determined that, by virtue of being a person granted humanitarian protection or the spouse, civil partner, child or step-child of a person granted humanitarian protection, a person (“A”) was an eligible student in connection with an application for a postgraduate master’s degree loan for a designated course; and (b) as at the day before the relevant day, the period for which the person granted humanitarian protection is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the 2002 Act), A’s status as an eligible student terminates immediately before the relevant day. (8F) Where— (a) the Secretary of State determined that, by virtue of being a person with protected rights with limited leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules, a person (“A”) was an eligible student in connection with an application for a postgraduate master’s degree loan for a designated course; and (b) as at the day before the relevant day, A no longer has extant limited leave to enter or remain granted by virtue of residence scheme immigration rules and no further leave to enter or remain has been granted under those rules, A’s status as an eligible student terminates immediately before the relevant day. (8G) Where— (a) the Secretary of State determined that, by virtue of being— (i) a person granted leave under one of the Afghan Schemes; or (ii) the spouse, civil partner, child or step-child of a person (“S”) granted leave under one of the Afghan Schemes, a person (“A”) was an eligible student in connection with an application for a postgraduate master’s degree loan for a designated course; and (b) as at the day before the relevant day, the period for which A or, as the case may be, S is allowed to stay in the United Kingdom has expired, A’s status as an eligible student terminates immediately before the relevant day. (8H) Where— (a) the Secretary of State determined that, by virtue of being— (i) a person granted leave under one of the Ukraine Schemes; or (ii) the spouse, civil partner, child or step-child of a person (“U”) granted leave under one of the Ukraine Schemes, a person (“A”) was an eligible student in connection with an application for a postgraduate master’s degree loan for a designated course; and (b) as at the day before the relevant day, the period for which A or, as the case may be, U is allowed to stay in the United Kingdom has expired and no further leave to enter or remain has been granted, A’s status as an eligible student terminates immediately before the relevant day.

• (3) In paragraph (9)—

• (a) in sub-paragraph (b), for “the first day of the first academic year of that designated course” substitute “the relevant day”;

• (b) in the words after sub-paragraph (b), for “the first day of the first academic year of that designated course” substitute “the relevant day”.

• (4) After paragraph (9) insert—

(10) In this regulation “the relevant day” means— (a) for the purposes of paragraphs (8A) to (8E), (8G) and (8H)— (i) the course start date; or (ii) if the relevant status or period for which a person is allowed to stay in the United Kingdom expires on or after the course start date, the first day of the academic year which begins immediately after the academic year during which the status or period expires; (b) for the purposes of paragraphs (8F) and (9)— (i) the first day of the first academic year of the designated course (“the AY1 start date”); or (ii) if A ceases to be a person with protected rights, or to have extant limited leave to enter or remain, on or after the AY1 start date, the first day of the academic year which begins immediately after the academic year during which A ceases to be a person with protected rights or, as the case may be, to have extant limited leave to enter or remain.

135

In regulation 12(4) (amount of the postgraduate master’s degree loan)—

• (a) for “eligible student”, in second place it occurs, substitute “student”;

• (b) after “(1) and (2)” insert “and the student’s status as an eligible student has not terminated (see regulation 3)”.

Amendments relating to termination of status as eligible student: Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 2018

136

• (1) Regulation 3 of the Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 2018 (eligible students)¹⁰⁰ is amended as follows.

• (2) After paragraph (11) insert—

(11A) Where— (a) the Secretary of State determined that, by virtue of being a refugee or the spouse, civil partner, child or step-child of a refugee, 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 relevant day, the refugee status of A or of A’s spouse, civil partner, parent or step-parent, as the case may be, has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002 (“the 2002 Act”)), A’s status as an eligible student terminates immediately before the relevant day. (11B) Where— (a) the Secretary of State determined that, by virtue of being a person granted stateless leave or the spouse, civil partner, child or step-child of a person granted stateless leave, a person (“A”) was 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 relevant day, the period for which the person granted stateless leave is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted, A’s status as an eligible student terminates immediately before the relevant day. (11C) Where— (a) the Secretary of State determined that, by virtue of being a person granted section 67 leave, a person (“A”) was 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 relevant day, the period for which A is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted, A’s status as an eligible student terminates immediately before the relevant day. (11D) Where— (a) the Secretary of State determined that, by virtue of being a person granted Calais leave, a person (“A”) was 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 relevant day, the period for which A is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted, A’s status as an eligible student terminates immediately before the relevant day. (11E) Where— (a) the Secretary of State determined that, by virtue of being a person granted humanitarian protection or the spouse, civil partner, child or step-child of a person granted humanitarian protection, a person (“A”) was 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 relevant day, the period for which the person granted humanitarian protection is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the 2002 Act), A’s status as an eligible student terminates immediately before the relevant day. (11F) Where— (a) the Secretary of State determined that, by virtue of being a person with protected rights with limited leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules, a person (“A”) was 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 relevant day, A no longer has extant limited leave to enter or remain granted by virtue of residence scheme immigration rules and no further leave to enter or remain has been granted under those rules, A’s status as an eligible student terminates immediately before the relevant day. (11G) Where— (a) the Secretary of State determined that, by virtue of being— (i) a person granted leave under one of the Afghan Schemes; or (ii) the spouse, civil partner, child or step-child of a person (“S”) granted leave under one of the Afghan Schemes, a person (“A”) was 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 relevant day, the period for which A or, as the case may be, S is allowed to stay in the United Kingdom has expired, A’s status as an eligible student terminates immediately before the relevant day. (11H) Where— (a) the Secretary of State determined that, by virtue of being— (i) a person granted leave under one of the Ukraine Schemes; or (ii) the spouse, civil partner, child or step-child of a person (“U”) granted leave under one of the Ukraine Schemes, a person (“A”) was 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 relevant day, the period for which A or, as the case may be, U is allowed to stay in the United Kingdom has expired and no further leave to enter or remain has been granted, A’s status as an eligible student terminates immediately before the relevant day.

• (3) In paragraph (12)—

• (a) in sub-paragraph (b), for “the first day of the first academic year of that designated course” substitute “the relevant day”;

• (b) in the words after sub-paragraph (b), for “the first day of the first academic year of that designated course” substitute “the relevant day”.

• (4) After paragraph (12) insert—

(13) In this regulation “the relevant day” means— (a) for the purposes of paragraphs (11A) to (11E), (11G) and (11H)— (i) the course start date, or (ii) if the relevant status or period for which a person is allowed to stay in the United Kingdom expires on or after the course start date, the first day of the academic year which begins immediately after the academic year during which that status or period expires; (b) for the purposes of paragraphs (11F) and (12)— (i) the first day of the first academic year of the designated course (the “AY1 start date”), or (ii) if A ceases to be a person with protected rights, or to have extant limited leave to enter or remain, on or after the AY1 start date, the first day of the academic year which begins immediately after the academic year during which A ceases to be a person with protected rights or, as the case may be, to have extant limited leave to enter or remain.

Amendment of regulation 2 of the Higher Education Short Course Loans Regulations 2022

137

In regulation 2 of the Higher Education Short Course Loans Regulations 2022—

• (a) in paragraph (1), in the definition of “eligible prisoner”, at the beginning of paragraph (b) insert “who”;

• (b) in paragraph (2), omit sub-paragraph (aa).

PART 5 — Savings

Interpretation of Part 5

138

In this Part “earlier academic year” means an academic year beginning before 1st August 2023.

Savings: Education (Student Support) Regulations 2011

139

• (1) This regulation applies where an existing SSR Afghan scheme student (“S”) applies for support under the SSR 2011 in respect of a new academic year of a relevant course (the “current course”).

• (2) For the purposes of determining whether S’s status as a relevant student terminates before the first day of the academic year of the current course in respect of which S is applying for support (see regulation 4, 137 or 159 of the SSR 2011 (as the case may be)), the SSR 2011 apply as if the amendments made by regulations 33, 34(a), 35(a), 36(a) and 37(2) of these Regulations had not been made.

• (3) In this regulation—

• “designated course”, “designated part-time course”, “designated postgraduate course”, eligible student”, “eligible part-time student” and “eligible postgraduate student” have the meanings given in the SSR 2011;

• “existing SSR Afghan scheme student” means a student who the Secretary of State determined, by virtue of the student falling within paragraph (a)(ii) of the definition of “person granted leave under the Afghan Citizens Resettlement Scheme” in regulation 2(1) of the SSR 2011, or paragraph (a)(iv) of the definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme” in that regulation, to be a relevant student—in connection with an application for support for an earlier academic year of the current course, orin connection with an application for support for a relevant course from which the student’s status as an eligible student, eligible part-time student or eligible postgraduate student has been transferred to the current course;

• “relevant course” means a designated course, designated part-time course or designated postgraduate course;

• “relevant student” means an eligible student, eligible part-time student or eligible postgraduate student;

• “the SSR 2011” means the Education (Student Support) Regulations 2011.

Savings: Education (Student Support) (European University Institute) Regulations 2010

140

• (1) This regulation applies where an existing EUI Afghan scheme student (“E”) applies for support under the EUI Regulations in respect of a new academic year of a designated course (the “current course”).

• (2) For the purposes of determining whether E’s status as an eligible student terminates before the first day of the academic year of the designated course in respect of which E is applying for support (see regulation 9 of the EUI Regulations), the EUI Regulations apply as if the amendments made by regulations 70(a) and 71(2) and (3)(a) of these Regulations had not been made.

• (3) In this regulation—

• “designated course” and “the Institute” have the meanings given in the EUI Regulations;

• “the EUI Regulations” means the Education (Student Support) (European University Institute) Regulations 2010;

• “existing EUI Afghan scheme student” means a student who the Secretary of State determined, by virtue of the student falling within paragraph (a)(ii) of the definition of “person granted leave under the Afghan Citizens Resettlement Scheme” in paragraph 1(1) of Schedule 1 to the EUI Regulations or paragraph (a)(iv) of the definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme” in that paragraph of that Schedule, to be an eligible student in connection with—an application for support for an earlier academic year of the current course, oran application for support for a designated course at the Institute from which the student’s status as an eligible student has been transferred to the current course.

Savings: Higher Education Short Course Loans Regulations 2022

141

• (1) This regulation applies where an existing HESC Afghan scheme student (“H”) applies for support under the HESCL Regulations in respect of an HE short course beginning on or after 1st August 2023 (the “current course”).

• (2) For the purposes of determining whether—

• (a) H is a returning student for the purposes of regulation 3(2)(a)(ii) of the HESC Loans Regulations in connection with the current course, or

• (b) H’s status as an eligible student terminates before the first day of the current course (see regulation 6 of the HESC Loans Regulations),

the HESCL Regulations apply as if the amendments made by regulations 129(a), 130(a), 131(a), 132(2) and (3)(a) of these Regulations had not been made.

• (3) In this regulation—

• “existing HESC Afghan scheme student” means a student who the Secretary of State determined, by virtue of the student falling within— paragraph (a)(ii) of the definition of “person granted leave under the Afghan Citizens Resettlement Scheme” in paragraph 1(1) of Schedule 1 to the HESCL Regulations, or paragraph (a)(iv) of the definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme” in that paragraph of that Schedule, to be an eligible student for the purposes of the HESCL Regulations in connection with an application for an HESC loan for a course beginning before the current course;

• “the HESCL Regulations” means the Higher Education Short Course Loans Regulations 2022.

SCHEDULE — Amendments relating to new payment rates for student support under the Education (Student Support) Regulations 2011

In each provision of the Education (Student Support) Regulations 2011 listed in column 1 of the following table, for the figure listed in the corresponding entry in column 2¹⁰¹ substitute the figure listed in the corresponding entry in column 3—

Signed

Barran — Parliamentary Under Secretary of State — Department for Education — 24th January 2023

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend various legislation which makes provision about, and in connection with student finance.

These Regulations come into force on 16th February 2023. But, subject to the savings in Part 5, some of the amendments made by these Regulations apply only in relation to a course which begins on or after 1st August 2023 (a “new course”), an academic year beginning on or after 1st August 2023 (a “new academic year”) or a new academic year of a course which begins on or after 1st August 2022 and before 1st August 2023 (an “existing course”). In particular:

• (a) the amendments made by the provisions specified in regulation 2(5) apply in relation to new academic years only;

• (b) the amendments made by the provisions specified in regulation 2(7) apply in relation to new courses and new academic years of existing courses;

• (c) the amendments made by provisions specified in regulation 2(8) apply in relation to new courses only.

Part 2 of these Regulations amends the Education (Student Support) Regulations 2011 (S.I. 2011/1986) (“the SSR 2011”) to:

• (a) 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;

• (b) 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 England on the day on which the first term of the first academic year of their course actually begins;

• (c) 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;

• (d) to change the payment rates for the academic year beginning on 1st August 2023;

• (e) to allow certain new initial teacher training courses for further education teachers, and also courses leading to higher technical qualifications approved by the Institute for Apprenticeships and Technical Education, to attract student finance;

• (f) to correct a number of minor errors made in earlier amendments to the SSR 2011;

• (g) to make minor drafting and consequential amendments to the SSR 2011.

Part 3 of these Regulations makes corresponding amendments to other student finance legislation.

Part 4 of these Regulations:

• (a) amends the Education (Postgraduate Master’s Degree Loans) Regulations 2016 and the Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 2018 to set out the circumstances in which students cease to be eligible students (for the purposes of student finance under those Regulations);

• (b) makes minor amendments to the Education (Student Support) (European University Institute) Regulations 2010;

• (c) makes minor amendments to the Higher Education Short Course Loans Regulations 2022. The amendments include the correction of an error made in the Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulation 2022. This error was identified by the Joint Committee on Statutory Instruments in their Sixth Report of Session 2022/23.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is anticipated.

Footnotes