The Higher Education (Fee Limit Condition) (England) Regulations 2017

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Qualifying PersonE+W

This section has no associated Explanatory Memorandum

4.—(1) Subject to [F1paragraphs (3) and (6)] and regulations 5 and 6, a qualifying person is a person who [F2—

(a)falls within a settled category or a protected category—

(i)on the course start date, where the relevant academic year is the first academic year of the person’s course, or

(ii)otherwise, on the first day of a relevant academic year;

(b)falls within a prescribed category on the first day of a relevant academic year.]

(2) Paragraph (1) includes a person who undertakes a qualifying course in an academic year which began before [F31st September 2023] but who nevertheless falls within [F4a settled category, a protected category or a prescribed category] on the first day of an academic year commencing on or after that date.

(3) Paragraph (1) does not apply to a person ineligible for support by reason of regulations 4(3)(c), (d), (e), (f) or (g), 4(4), 137(3) and 137(4) of the Education (Student Support) Regulations 2011.

[F5(4) In this regulation, subject to paragraph (6), “prescribed category” means any category of persons described—

(a)in paragraphs 3, F6... 4, F7... 7A, 8A, F8... 10A, 10B, [F910BA,] 10C, 10D, 10E, 11A, 12A, 13A and 14 in Part 2 of the Schedule; or

(b)in paragraphs 7, 8, 9, 10, 11, 12 and 13 in Part 2 of the Schedule, where paragraph (5) applies.

(5) This paragraph applies where—

(a)in connection with a qualifying course beginning before 1st August 2021, a person (“A”) was a qualifying person by virtue of falling within any category of persons described in paragraphs 7, 8, 9, 10, 11, 12 and 13 in Part 2 of the Schedule in relation to an academic year beginning before 1st August 2021; and

(b)A is undertaking an academic year of that qualifying course, or of a qualifying course to which A transfers from that qualifying course.]

[F10(6) In relation to a qualifying course which begins on or after 1st January 2028, paragraph (4) has effect as if sub-paragraph (a) did not mention paragraphs [F119A, 10B, 10BA and 10E] in Part 2 of the Schedule.]

[F12(6A) For the purposes of this regulation, where—

(a)a person becomes, after the course start date or on the first day of an academic year of the course, a person who no longer falls within a paragraph of the Schedule as a result of that person’s leave to remain, or the leave to remain of that person’s spouse, civil partner or parent, as the case may be, having expired; and

(b)further leave to remain has been granted or the person whose leave to remain has expired has become a British or Irish citizen,

the person who would otherwise no longer fall within a paragraph of the Schedule is to be treated as falling within the paragraph of the Schedule in which they previously fell for the remainder of the duration of the course.]

[F13(7) Where a protected category event occurs in relation to a person after the course start date, paragraph (8) applies for the purposes of determining whether the person falls within a [F14protected] category on the first day of the relevant academic year.

(8) The person is, for the purposes of determining whether they satisfy any requirement in Part 2 of the Schedule that they are ordinarily resident in the United Kingdom on the course start date, to be treated as if the person was, on the course start date, lawfully residing in the place where the person was residing on that date.

(9) For the purposes of this regulation—

“protected category” means any category of persons described in paragraph 5, 5A, 5B, 5C, 5D, 5E, 5F, 5G, 5H or 6 of Part 2 of the Schedule;

“protected category event” means an event specified in regulation 6(2)(b), (i), (j), (k), (l), (m) or (n);

“relevant academic year” means an academic year beginning on or after 1st September 2023;

“settled category” means any category of persons described in paragraph 3A or 9A of Part 2 of the Schedule.]

Textual Amendments

F1Words in reg. 4(1) substituted (1.3.2021) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 (S.I. 2021/127), regs. 1(1), 59(a)

F2Reg. 4(1)(a)(b) substituted for words (with application in accordance with reg. 2(4)(5)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), reg. 105(1)

F3Words in reg. 4(2) substituted (with application in accordance with reg. 2(4)(5)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), reg. 105(2)(a)

F4Words in reg. 4(2) substituted (with application in accordance with reg. 2(4)(5)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), reg. 105(2)(b)

F5Reg. 4(4)(5) substituted for reg. 4(4) (1.3.2021) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 (S.I. 2021/127), regs. 1(1), 59(b)

F6Word in reg. 4(4)(a) omitted (with application in accordance with reg. 2(4)(5)(a) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), reg. 105(3)(a)