The Education (Student Fees and Support) (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

EXPLANATORY NOTE

(This note is not part of these Regulations)

These Regulations amend the Education (Student Support) (No.2) Regulations (Northern Ireland) 2009 (S.R. 2009/373) (“the Student Support Regulations”), the Student Fees (Qualifying Courses and Persons) Regulations (Northern Ireland) 2007 (S.R. 2007/328), and the Further Education (Student Support) (Eligibility) Regulations (Northern Ireland) 2012 (S.R. 2012/306).

The principal amendments which these Regulations make to the Student Support Regulations are as follows.

Regulation 3 amends the definition of “Erasmus year” in regulation 2(1) of the Student Support Regulations so that access to current levels of support is preserved for students on an Erasmus year, in order to ensure that they are not disadvantaged in student support terms by reason of having made plans to undertake an Erasmus year during the academic year in which exit occurs. These amendments also provide that, in respect of the 2018/2019 academic year, periods spent studying at the relevant institution in the United Kingdom after exit day will not count towards the time limit imposed by sub-paragraph (c)(ii)(aa) of the Erasmus year definition.

Regulation 4 amends a reference to “Member State” to reflect the withdrawal of the United Kingdom from the European Union.

Regulations 5, 7, 8, 9 and 10 are consequential on regulation 11(3)(b) and amend regulations 18, 83, 106, 123 and 151 of the Student Support Regulations. Regulations 18, 83, 106, 123 and 151 stipulate that a student who becomes a family member of an EU national during the course of an academic year may qualify for support in respect of that academic year. The amendments made by regulations 5, 7, 8, 9 and 10 extend this position to a student who becomes a family member of a person who is eligible by virtue of the new provision in paragraph 9(4) of Part 2 of Schedule 2. This does not apply if the person in respect of whom the student is a family member is themselves only eligible as a family member.

Regulations 6 and 12 amend references to “Member State” in provisions relating to the calculation of students’ income, to ensure that these references continue to operate effectively following the withdrawal of the United Kingdom from the European Union.

Regulation 11 amends definitions and references relating to the European Economic Area and the European Union which are used in Schedule 2 to the Student Support Regulations, to ensure that these definitions and references continue to operate effectively following the withdrawal of the United Kingdom from the European Union.

Regulation 11(3)(b) amends paragraph 9 of Part 2 of Schedule 2, which confers eligibility on EU nationals and their family members. This regulation adds a new sub-paragraph (4) to paragraph 9, which provides that any description of person who would have been eligible under that paragraph immediately before exit day is to be eligible on and after exit day.

Regulation 11(3)(d) makes similar provision in relation to children of Swiss nationals who may no longer fall within paragraph 11 of Part 2 of Schedule 2.

Regulation 13 makes equivalent amendments to the Student Fees (Qualifying Courses and Persons) Regulations (Northern Ireland) 2007.

Regulation 14 makes equivalent amendments to the Further Education (Student Support) (Eligibility) Regulations (Northern Ireland) 2012.

An impact assessment has not been produced for this instrument as it has no impact, or no significant impact, on the costs of business, charities or the voluntary sector.