The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019

Amendment of the Further Education Loans Regulations 2012

39.—(1) The Further Education Loans Regulations 2012(1) are amended as follows.

(2) In regulation 2(1) (interpretation), after the definition of “person granted humanitarian protection”, insert—

““person granted section 67 leave” means a person who—

(a)

has extant leave to remain as a person granted leave under paragraph 352ZG of the immigration rules, having been relocated to the United Kingdom pursuant to arrangements made by the Secretary of State under section 67 of the Immigration Act 2016, or a dependent child of such a person who has been granted “leave in line” under paragraph 352ZO of those rules; and

(b)

has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;”.

(3) In regulation 3(2) (eligible students), after paragraph (7A), insert—

“(7B) Where—

(a) the Secretary of State has determined that, by virtue of being a person granted section 67 leave, a person (“A”) is an eligible student in connection with an application for a fee loan for a designated further education course, and

(b) as at the day before that course begins, the period for which the person granted section 67 leave is allowed to stay in the United Kingdom and Islands has expired and no further leave to remain has been granted,

A’s status as an eligible student terminates immediately before the first day of the course.”.

(4) In regulation 7(3) (events)—

(a) in paragraph (g), omit “or”;

(b) in paragraph (h), at the end, for “.”, substitute “; or”;

(c) after paragraph (h), insert—

“(i) the student becomes a person granted section 67 leave.”.

(5) In Part 2 (categories) of Schedule 1(4) (eligible students), after paragraph 4A, insert—

“Persons granted section 67 leave

4B.   A person granted section 67 leave who—

(a) is ordinarily resident in the United Kingdom on the first day of the designated further education course; and

(b) has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the designated further education course.”.

(1)

S.I. 2012/1818 was amended by S.I. 2014/290, 2014/1766, 2015/181, 2016/238, 2017/336 and 2018/182.

(2)

Regulation 3 was amended by S.I. 2014/1766, 2016/238 and 2018/182.

(3)

Regulation 7 was amended by S.I. 2016/238 and 2018/182.

(4)

Schedule 1 was amended by S.I. 2014/1766 and 2018/182.