F1PART 13MASTER’S, ETC. FEE LOAN
Eligible Master’s, etc. Students149.
(1)
An eligible Master’s, etc. student qualifies for a Master’s, etc. fee loan in connection with a designated Master’s, etc. course subject to and in accordance with this Part.
F2(2)
Subject to the following provisions of this regulation, a person is an eligible Master’s, etc. student in connection with a designated Master’s, etc. course if in assessing that person’s application for support the Department determines that the person falls within one of the categories set out—
(a)
(b)
in paragraphs 6, 7, 8, 9, 10, 11 and 12 in Part 2 of Schedule 2 where paragraph (2A) applies.
(2A)
This paragraph applies where—
(a)
in connection with a designated Master’s, etc. course beginning before 1st August 2021, the Department—
(i)
in assessing an application for support by a person (“A”) determined that A fell within one of the categories set out in paragraphs 6, 7, 8, 9, 10, 11 and 12 in Part 2 of Schedule 2 in relation to an academic year of the course beginning before 1st August 2021; or
(ii)
would have so determined had A made an application for support in accordance with this Part in relation to an academic year of the course beginning before that date; and
(b)
A applies for support in connection with that course or a designated Master’s, etc. course to which A’s status as an eligible Master’s, etc. student is transferred from that course in accordance with this Part.
(2B)
In connection with a designated Master’s, etc. course beginning on or after 1st January 2028, paragraph (2) has effect as if paragraphs 8A, 9B and 9D were omitted.
(3)
A person (“A”) is not an eligible Master’s, etc. student if—
(a)
A is in breach of any obligation to repay any loan;
(b)
A has reached the age of 18 and has not ratified any agreement for a loan A made when A was under the age of 18;
(c)
A has, in the opinion of the Department, shown by A’s conduct that A is unfitted to receive support;
(d)
subject to paragraph (7), A is a prisoner;
(e)
A is already enrolled on a designated Master’s, etc. course and is in receipt of a Master’s, etc. fee loan under this Part for such a course;
(f)
subject to paragraph (16), A has previously received a Master’s, etc. fee loan under this Part.
F5(g)
subject to paragraph (15), A has previously received—
(i)
a Postgraduate Master’s Degree loan other than under these Regulations in respect of a course, where that loan was paid out of funds provided by a government authority within the United Kingdom.; or
(ii)
a grant under regulation 33(1) of the Education (Student Support) (Postgraduate Master’s Degrees) (Wales) Regulations 2019 (base grant or contribution to costs grant).
(4)
A person (“A”) is not an eligible Master’s, etc. student if A is enrolled on a course which is—
(a)
a designated course under regulation 6,
(b)
a designated distance learning course under regulation 107, or
(c)
a designated part-time course under regulation 124,
and is receiving support under these Regulations for such a course.
(5)
For the purposes of paragraphs (3)(a) and (3)(b), “loan” means a loan made under any provision of the student loans legislation.
(6)
In a case where the agreement for a loan is subject to the law of Scotland, paragraph (3)(b) only applies if the agreement was made—
(a)
before 25th September 1991; and
(b)
with the concurrence of the borrower’s curator or at a time when the borrower had no curator.
(7)
Paragraph (3)(d) does not apply in respect of an academic year during which the student enters prison or is released from prison.
(8)
Subject to paragraphs F6(11), (11A), (11B), (11C), (11D) F7, (11E), (11F), (12), (12A) and (12C), if a person satisfies the conditions in paragraph (9) or (10)—
(a)
paragraphs (2) and (3) do not apply to that person; and
(b)
the person is an eligible Master’s, etc. student for the purposes of this Part.
(9)
The conditions in this paragraph are—
(a)
the person qualified as an eligible Master’s, etc. student in connection with an earlier academic year of the current designated Master’s, etc. course pursuant to regulations made by the Department under Article 3 of the Order; and
(b)
the person’s status as an eligible Master’s, etc. student has not terminated.
(10)
The conditions in this paragraph are—
(a)
the Department has previously determined that the person is an eligible Master’s, etc. student in connection with a designated Master’s, etc. course other than the current designated Master’s, etc. course;
(b)
the student’s status as an eligible Master’s, etc. student in connection with the course referred to in sub-paragraph (a) has been transferred from that course to the current designated Master’s, etc. course as a result of one or more transfers in accordance with regulations made by the Department under Article 3 of the Order; and
(c)
the person’s status as an eligible Master’s, etc. student has not terminated.
(11)
Where—
(a)
the Department 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 Master’s, etc. student in connection with an application for support for an earlier year of the current Master’s, etc. course or an application for support in connection with another designated Master’s, etc. course from which A’s status as an eligible Master’s, etc. student has been transferred to the current Master’s, etc. course; and
(b)
as at the day before the academic year in respect of which A is applying for support begins, the refugee status of A or of A’s spouse, civil partner, parent or step-parent, as the case may be, F8has expired and—
(i)
no further leave to remain has been granted;
(ii)
no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and
(iii)
the person (A or A’s spouse, civil partner, parent or step-parent) whose refugee status has expired has not become a British or Irish citizen,
A’s status as an eligible Master’s, etc. student terminates immediately before the first day of the academic year in respect of which A is applying for support.
F9(11A)
Where—
(a)
the Department determined that, by virtue of being a person granted section 67 leave, a person (“A”) was an eligible Master’s, etc. student in connection with–
(i)
an application for support for an earlier year of the current Master’s, etc. course; or
(ii)
an application for support in connection with another designated Master’s, etc. course from which A’s status as an eligible Master’s, etc. student has been transferred to the current Master’s, etc. course; and
(b)
as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted section 67 leave is allowed to stay in the United Kingdom has expired and no further leave has been granted F10and that person has not become a British or Irish citizen,
A’s status as an eligible Master’s, etc. student terminates immediately before the first day of the academic year in respect of which A is applying for support.
F11(11B)
Where—
(a)
the Department determined that, by virtue of being a person granted Calais leave, a person (“A”) was an eligible Master’s, etc. student in connection with–
(i)
an application for support for an earlier year of the current Master’s, etc. course; or
(ii)
an application for support in connection with another designated Master’s, etc. course from which A’s status as an eligible Master’s, etc. student has been transferred to the current Master’s, etc. course; and
(b)
as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted Calais leave is allowed to stay in the United Kingdom has expired and no further leave has been granted F12and A has not become a British or Irish citizen,
A’s status as an eligible Master’s, etc. student terminates immediately before the first day of the academic year in respect of which A is applying for support.
F13(11C)
Where—
(a)
the Department determined that, by virtue of being a person granted humanitarian protection or the spouse, civil partner, child or step-child of such a person, a person (“A”) was an eligible Master’s, etc. student in connection with–
(i)
an application for support for an earlier year of the current Master’s, etc. course; or
(ii)
an application for support in connection with another designated Master’s, etc. course from which A’s status as an eligible Master’s, etc. student has been transferred to the current Master’s, etc. course; and
(b)
as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted humanitarian protection is allowed to stay in the United Kingdom F14has expired and—
(i)
no further leave to remain has been granted;
(ii)
no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and
(iii)
the person (A or A’s spouse, civil partner, parent or step-parent) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen,
A’s status as an eligible Master’s, etc. student terminates immediately before the first day of the academic year in respect of which A is applying for support.
F15(11D)
Where—
(a)
the Department determined that, by virtue of being a person granted stateless leave or the spouse, civil partner, child or step-child of such a person, a person (“A”) was an eligible Master’s, etc. student in connection with–
(i)
an application for support for an earlier year of the current Master’s, etc. course; or
(ii)
an application for support in connection with another designated Master’s, etc. course from which A’s status as an eligible Master’s, etc. student has been transferred to the current Master’s, etc. course; and
(b)
as at the day before the academic year in respect of which A is applying for support begins, 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 F16and that person has not become a British or Irish citizen,
A’s status as an eligible Master’s, etc. student terminates immediately before the first day of the academic year in respect of which A is applying for support.
F17(11E)
Where—
(a)
the Department determined that, by virtue of being a person granted leave under one of the Afghan Schemes F18or the spouse, civil partner, child or step-child of such a person, a person (“A”) was an eligible Master’s, etc. student in connection with—
(i)
an application for support for an earlier year of the current Master’s etc. course, or
(ii)
an application for support in connection with another designated Master’s etc. course from which A’s status as an eligible Master’s etc. student has been transferred to the current course; and
(b)
as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted leave under one of the Afghan Schemes is allowed to stay in the United Kingdom has expired F19and that person has not become a British or Irish citizen,
A’s status as an eligible Master’s, etc. student terminates immediately before the first day of the academic year in respect of which A is applying for support.
F20(11F)
Where—
(a)
the Department determined that, by virtue of being a person granted leave under one of the Ukraine Schemes F21or the spouse, civil partner, child or step-child of such a person, a person (“A”) was an eligible Master’s, etc. student in connection with—
(i)
an application for support for an earlier year of the current Master’s etc. course, or
(ii)
an application for support in connection with another designated Master’s etc. course from which A’s status as an eligible Master’s etc. student has been transferred to the current course; and
(b)
as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted leave under one of the Ukraine Schemes is allowed to stay in the United Kingdom has expired and no further leave to enter or remain has been granted F22and that person has not become a British or Irish citizen,
A’s status as an eligible Master’s, etc. student terminates immediately before the first day of the academic year in respect of which A is applying for support.
F23(11G)
Where—
(a)
the Department determined that, by virtue of being a person satisfying the criteria in paragraph 13 of Schedule 2 (eligible students: long residence), a person (“A”) was an eligible Master’s, etc. student in connection with—
(i)
an application for support for an earlier year of the current Master’s, etc. course; or
(ii)
an application for support in connection with another designated Master’s, etc. course from which A’s status as an eligible Master’s, etc. student has been transferred to the current Master’s, etc. course; and
(b)
as at the day before the academic year in respect of which A is applying for support begins, the period for which A was granted leave to stay in the United Kingdom has expired and—
(i)
no further leave to remain has been granted;
(ii)
no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and
(iii)
A has not become a British or Irish citizen,
A’s status as an eligible Master’s, etc. student terminates immediately before the first day of the academic year in respect of which A is applying for support.
(12)
Where—
(a)
the Department determined that, by virtue of being a person with leave to enter or remain F24on the grounds of discretionary leave or the spouse, civil partner, child or step-child of such a person, a person (“A”) was an eligible Master’s, etc. student in connection with an application for support for an earlier year of the current Master’s, etc. course or an application for support in connection with another designated Master’s, etc. course from which A’s status as an eligible Master’s, etc. student has been transferred to the current Master’s, etc. course; and
(b)
as at the day before the academic year in respect of which A is applying for support begins, the period for which the person with leave to enter or remain F25on the grounds of discretionary leave is allowed to stay in the United Kingdom F26has expired and—
(i)
no further leave to remain has been granted;
(ii)
no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and
(iii)
the person (A or A’s spouse, civil partner, parent or step-parent) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen,
A’s status as an eligible Master’s, etc. student terminates immediately before the first day of the academic year in respect of which A is applying for support.
F27(12A)
Where—
(a)
the Department 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 Master’s, etc. student in connection with—
(i)
an application for support for an earlier year of the current Master’s, etc. course; or
(ii)
an application for support in connection with another designated Master’s, etc. course from which A’s status as an eligible Master’s, etc. student has been transferred to the current Master’s, etc. course; and
(b)
as at the day before the academic year in respect of which A is applying for support begins, 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 F28and A has not become a British or Irish citizen,
A’s status as an eligible Master’s, etc. student terminates immediately before the first day of the academic year in respect of which A is applying for support.
F29(12B)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(12C)
Where—
(a)
the Department determined that, by virtue of—
(i)
falling within F30paragraph (1)(a)(iv) or (v) of the definition of “person with protected rights”; or
(ii)
meeting the conditions in paragraph 3(1)(a)(iv) in Part 2 of Schedule 2, a person (“A”) is an eligible Master’s, etc. student in connection with an application for support for an academic year of a designated Master’s, etc. course;
(b)
as at the day before the academic year begins, the relevant period has expired and A is not a person with protected rights F31and has not become a British or Irish citizen,
A’s status as an eligible Master’s, etc. student terminates immediately before the first day of the academic year in respect of which A is applying for support.
(13)
Where the eligible Master’s, etc. student is undertaking a designated Master’s, etc. course which is a distance learning course, the student does not qualify for a Master’s, etc. fee loan in respect of that course unless the Department considers that the student is undertaking the course in Northern Ireland on the first day of the designated Master’s, etc. course, whether the course is a designated Master’s, etc. course at that date or is designated on a later date during the academic school year.
(14)
A student who is an eligible Master’s, etc. student for a Master’s, etc. fee loan in respect of a distance learning course will no longer be eligible for a Master’s, etc. fee loan in respect of that course, if the Department considers that the student is undertaking the course outside the United Kingdom.
F32(14A)
Paragraphs (13) and (14) do not apply to a person who is treated as being ordinarily resident in the United Kingdom by virtue of paragraph 1(4) of Schedule 2 on the basis of temporary employment falling within paragraph 1(5)(a) of that Schedule.
F33(14B)
For the purposes of paragraph (13), a person (“A”) is to be treated as undertaking the designated Master’s, etc. distance learning course in Northern Ireland on the first day if on the first day A would have been so resident but for the fact that-
(c)
A,
(d)
A’s spouse or civil partner,
(e)
A’s parent, or
(f)
in the case of a dependent direct relative in the ascending line, A’s child or child’s spouse or civil partner,
is or was temporarily employed in England, Scotland or Wales as a member of the regular naval, military or air forces of the crown.
F34(15)
The Department may deem a person who has previously received a-
(i)
Master’s, etc. fee loan under these Regulations in relation to a designated Master’s, etc. course, or
(ii)
Postgraduate Master’s Degree loan other than under these Regulations, in relation to a designated Postgraduate Master’s Degree course, where that loan was paid out of funds provided by a government authority within the United Kingdom F35, or
F36(iii)
a grant under regulation 33(1) of the Education (Student Support) (Postgraduate Master’s Degrees) (Wales) Regulations 2019 (base grant or contribution to costs grant).
to be an eligible Master’s, etc. student where the Department is of the view that the person had not been able to complete the previous Master’s, etc. course or Postgraduate Master’s Degree course due to compelling personal reasons.
(16)
The Department may only exercise its discretion to award a subsequent Master’s, etc. fee loan to a particular person under paragraph (15) once in respect of a particular student.