The Further Education (Student Support) (Eligibility) (Amendment) Regulations (Northern Ireland) 2024

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend legislation which makes provision about student support in the form of grants in respect of fees payable in connection with attendance on courses at an institution of further education.

These Regulations come into force on 1 August 2024.

Chapter 1 of these regulations amends the legislation to 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. It also amends the reference to the relevant paragraph in Appendix Afghan Relocation and Assistance Policy of the Immigration Rules to describe the way indefinite leave to enter or remain is given under that paragraph.

Chapter 2 of these regulations amends the legislation to change the eligibility requirements for students who are in certain existing 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 Northern Ireland on the day on which the first term of the first academic year of their course actually begins.

Chapter 3 of these regulations amends the legislation to update the categories of students who may be eligible for support to include those who are granted indefinite leave to enter the United Kingdom as a result of domestic violence or abuse. This category of person will qualify for support if they are ordinarily resident in Northern Ireland on the day on which the first term of the first academic year of their course actually begins. Previously, the Immigration rules only provided a route to settlement from within the UK and student support only provided corresponding support to those who had been granted indefinite leave to remain as a result of domestic violence or abuse.

Chapter 4 of these regulations amends the legislation to update the categories of students who may be eligible for support to include children of those granted Indefinite Leave to Enter and Remain as a victim of domestic violence or abuse and Children of those granted Indefinite Leave to Remain as a bereaved partner. This category of person will qualify for support if they meet the eligibility criteria as set out in the regulations and are ordinarily resident in Northern Ireland on the day on which the first term of the first academic year of their course actually begins. Previously, children of these categories of persons did not qualify for support.

Chapter 5 of these regulations amends the legislation to remove references to the grace period, and to insert the definition of eligible student into the interpretation section of the legislation.

Chapter 6 of these regulations includes savings provisions so that family members of persons granted leave under one of the Afghan Schemes who have already qualified for support under The Further Education (Student Support) (Eligibility) Regulations (Northern Ireland) 2012, can continue to qualify for support on that basis.

A regulatory impact assessment has not been produced for this rule as no, or no significant impact on the private, voluntary or public sectors is foreseen.