2022 No. 201

Education

The Education (Student Support, etc.) (Amendment) (No.2) Regulations (Northern Ireland) 2022

Made

Coming into operation-

The Department for the Economy1 in exercise of the powers conferred by Articles 3 and 8(4) of the Education (Student Support) (Northern Ireland) Order 19982 and Articles 4(8) and 14(4) of the Higher Education (Northern Ireland) Order 20053 makes the following Regulations.

PART 1

Introductory

Citation, commencement and applicationI11

1

These Regulations may be cited as the Education (Student Support, etc.) (Amendment) (No.2) Regulations (Northern Ireland) 2022.

2

These Regulations come into operation on 1st September 2022.

3

The following regulations apply in relation to the provision of support to a student in relation to a course which begins on or after 1st August 2022, whether or not anything done under these Regulations is done before, on, or after that date—

a

regulation 3 to 10 (Evacuated or assisted British nationals from Afghanistan).

4

The following regulations apply in relation to the provision of support to a student in relation to an academic year which begins on or after 1st August 2022, whether or not anything done under these Regulations is done before, on, or after that date—

a

regulation 11 to 33 (Persons from Ukraine).

5

In paragraph (3) an “academic year” is the period of twelve months beginning with 1st January, 1st April, 1st July or 1st September of the calendar year in which the academic year of the course in question begins, according to whether the academic year of the course in question begins—

a

on or after 1st January and before 1st April;

b

on or after 1st April and before 1st July;

c

on or after 1st July and before 1st August; or

d

on or after 1st August and on or before 31st December.

Annotations:
Commencement Information
I1

Reg. 1 in operation at 1.9.2022, see reg. 1(2)

InterpretationI22

In these Regulations —

a

“the 2009 Regulations” means the Education (Student Support) (No.2) Regulations (Northern Ireland) 20094.

b

“the 2007 Regulations” means The Student Fees (Qualifying Courses and Persons) Regulations (Northern Ireland) 20075.

Annotations:
Commencement Information
I2

Reg. 2 in operation at 1.9.2022, see reg. 1(2)

PART 2

CHAPTER 1Evacuated or assisted British nationals from Afghanistan

Amendments to the 2009 Regulations

I33

In regulation 5(2)(a)6 (eligible students), for “and 14” substitute “, 14, 15 and 16”.

Annotations:
Commencement Information
I3

Reg. 3 in operation at 1.9.2022, see reg. 1(2)

I44

In regulation 105(2)(a)7 (eligible distance learning students), for “and 14” substitute “, 14, 15 and 16”.

Annotations:
Commencement Information
I4

Reg. 4 in operation at 1.9.2022, see reg. 1(2)

I55

In regulation 122(2)(a)8 (eligible part-time students), for “and 14” substitute “, 14, 15 and 16”.

Annotations:
Commencement Information
I5

Reg. 5 in operation at 1.9.2022, see reg. 1(2)

I66

In regulation 139(3)(a)(i)9 (eligible postgraduate students), for “and 14” substitute “, 14, 15 and 16”.

Annotations:
Commencement Information
I6

Reg. 6 in operation at 1.9.2022, see reg. 1(2)

I77

In regulation 149 (2)(a)10 (eligible master’s, etc. students), for “and 14” substitute “, 14, 15 and 16”.

Annotations:
Commencement Information
I7

Reg. 7 in operation at 1.9.2022, see reg. 1(2)

I88

In Schedule 2 (eligible students)—

a

in paragraph 1(1), after the definition of “European Economic Area”, insert—

  • “evacuated or assisted British national from Afghanistan” means a person—

    1. a

      who is a British citizen, a British overseas territories citizen, a British National (Overseas), a British Overseas citizen, a British subject under the British Nationality Act 1981 or a British protected person within the meaning of that Act;

    2. b

      who was either—

      1. i

        evacuated from Afghanistan by or on behalf of the United Kingdom, a North Atlantic Treaty Organisation member state, Pakistan, Uzbekistan, Tajikistan, Iran or Qatar during the period of the operation known as Operation Pitting, which began on 14th August 2021 and ended on 28th August 2021; or

      2. ii

        assisted by or on behalf of the United Kingdom, after 28th August 2021 and before 6th January 2022, to leave Afghanistan; and

    3. c

      who has been ordinarily resident in the United Kingdom and Islands since they were evacuated from or otherwise left Afghanistan;

b

after paragraph 1411, insert—

15Evacuated or assisted British nationals from Afghanistan

An evacuated or assisted British national from Afghanistan who is ordinarily resident in Northern Ireland on the first day of the first academic year of the course.

Annotations:
Commencement Information
I8

Reg. 8 in operation at 1.9.2022, see reg. 1(2)

Amendments to the 2007 Regulations

I99

In regulation 5 (prescribed description of a qualifying person)—

a

in paragraph (1)(c)12, after “4G,” insert “4H,”;

b

in paragraph (1A)(a)13, after “4G,” insert “4H,”;

Annotations:
Commencement Information
I9

Reg. 9 in operation at 1.9.2022, see reg. 1(2)

I1010

In the Schedule—

a

in paragraph 1(1), after the definition of “European Economic Area”, insert—

  • “evacuated or assisted British national from Afghanistan” means a person—

    1. a

      who is a British citizen, a British overseas territories citizen, a British National (Overseas), a British Overseas citizen, a British subject under the British Nationality Act 1981 or a British protected person within the meaning of that Act;

    2. b

      who was either—

      1. i

        evacuated from Afghanistan by or on behalf of the United Kingdom, a North Atlantic Treaty Organisation member state, Pakistan, Uzbekistan, Tajikistan, Iran or Qatar during the period of the operation known as Operation Pitting, which began on 14th August 2021 and ended on 28th August 2021; or

      2. ii

        assisted by or on behalf of the United Kingdom, after 28th August 2021 and before 6th January 2022, to leave Afghanistan; and

    3. c

      who has been ordinarily resident in the United Kingdom and Islands since they were evacuated from or otherwise left Afghanistan;

b

after paragraph 4G14, insert—

4HEvacuated or assisted British nationals from Afghanistan

An evacuated or assisted British national from Afghanistan who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.

Annotations:
Commencement Information
I10

Reg. 10 in operation at 1.9.2022, see reg. 1(2)

CHAPTER 2Persons from Ukraine

Amendments to the 2009 Regulations

I1111

In regulation 2(1) (interpretation),

a

after the definition of “person granted leave under one of the Afghan Schemes”15, insert—

  • “person granted leave under one of the Ukraine Schemes” means a person granted leave under the Homes for Ukraine Sponsorship Scheme, a person granted leave under the Ukraine Extension Scheme or a person granted leave under the Ukraine Family Scheme;

b

after the definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme”16, insert—

  • “person granted leave under the Homes for Ukraine Sponsorship Scheme” means a person—

    1. a

      who has leave to enter or remain in the United Kingdom—

      1. i

        under paragraph UKR 19.1 of Appendix Ukraine Scheme of the Immigration Rules as defined in section 33(1) of the Immigration Act 1971; or

      2. ii

        outside the Immigration Rules as defined in section 33(1) of the Immigration Act 1971 where the person—

        1. aa

          was residing in Ukraine immediately before 1st January 2022; and

        2. bb

          left Ukraine in connection with the Russian invasion which took place on 24th February 2022; and

    2. b

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

  • “person granted leave under the Ukraine Extension Scheme” means a person—

    1. a

      who has leave to remain in the United Kingdom under paragraph UKR 27.1 of Appendix Ukraine Scheme of the Immigration Rules as defined in section 33(1) of the Immigration Act 1971; and

    2. b

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

  • “person granted leave under the Ukraine Family Scheme” means a person—

    1. a

      who has leave to enter or remain in the United Kingdom—

      1. i

        under paragraph UKR 9.1 of Appendix Ukraine Scheme of the Immigration Rules as defined in section 33(1) of the Immigration Act 1971; or

      2. ii

        outside the Immigration Rules as defined in section 33(1) of the Immigration Act 1971 where the person—

        1. aa

          was residing in Ukraine immediately before 1st January 2022; and

        2. bb

          left Ukraine in connection with the Russian invasion which took place on 24th February 2022; and

    2. b

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

Annotations:
Commencement Information
I11

Reg. 11 in operation at 1.9.2022, see reg. 1(2)

I1212

In regulation 517 (eligible students)—

a

after paragraph (11E), insert—

11F

Where—

a

the Department determined that, by virtue of being a person granted leave under one of the Ukraine Schemes, a person (“A”) was—

i

an eligible student in connection with an application for support for an earlier year of the current course, an application for support for a course in relation to which the current course is an end-on course or an application for support in connection with a designated part-time course, designated distance learning course or other designated course from which A’s status as an eligible student, eligible part-time student or eligible distance learning student has been transferred to the current course; or

ii

a qualifying student in connection with an application for support for an earlier year of the qualifying course or other qualifying course from which A’s status as a qualifying student has been transferred to the qualifying course in respect of which the student is applying for support; 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,

A’s status as an eligible or qualifying student terminates immediately before the first day of the academic year in respect of which A is applying for support.

Annotations:
Commencement Information
I12

Reg. 12 in operation at 1.9.2022, see reg. 1(2)

I1313

In regulation 1818 (events)—

a

in paragraph (m) omit the terminal “or”;

b

in paragraph (n) for “.” substitute “; or”;

c

after paragraph (n) insert—

o

the student becomes a person granted leave under one of the Ukraine Schemes.

Annotations:
Commencement Information
I13

Reg. 13 in operation at 1.9.2022, see reg. 1(2)

I1414

In regulation 39(7)19 (general qualifying conditions for grants for living and other costs) for “or (n)” substitute “, (n) or (o)”;

Annotations:
Commencement Information
I14

Reg. 14 in operation at 1.9.2022, see reg. 1(2)

I1515

In regulation 42(6)20 (amount of the disabled students’ allowance) for “or (n)” substitute “, (n) or (o)”;

Annotations:
Commencement Information
I15

Reg. 15 in operation at 1.9.2022, see reg. 1(2)

I1616

In regulation 46(11)21 (childcare grant) for “or (n)” substitute “, (n) or (o)”;

Annotations:
Commencement Information
I16

Reg. 16 in operation at 1.9.2022, see reg. 1(2)

I1717

In regulation 50A(2)(grants for travel – general) 22 for “or (n)” substitute “, (n) or (o)”;

Annotations:
Commencement Information
I17

Reg. 17 in operation at 1.9.2022, see reg. 1(2)

I1818

In regulation 57(5)23 (qualifying conditions for the maintenance grant) for “or (n)” substitute “, (n) or (o)”;

Annotations:
Commencement Information
I18

Reg. 18 in operation at 1.9.2022, see reg. 1(2)

I1919

In regulation 59(5)24 (qualifying conditions for the special support grant) for “or (n)” substitute “, (n) or (o)”;

Annotations:
Commencement Information
I19

Reg. 19 in operation at 1.9.2022, see reg. 1(2)

I2020

In regulation 74(2)25 (students becoming eligible in the course of an academic year)—

a

in paragraph (l) omit the terminal “or”;

b

in paragraph (m) for “.” substitute “; or”;

c

after paragraph (m) insert—

n

the student becomes a person granted leave under one of the Ukraine Schemes.

Annotations:
Commencement Information
I20

Reg. 20 in operation at 1.9.2022, see reg. 1(2)

I2121

In regulation 10526 (eligible distance learning students)—

a

after paragraph (11E), insert—

11F

Where—

a

the Department determined that, by virtue of being a person granted leave under one of the Ukraine Schemes, a person (“A”) was an eligible distance learning student in connection with—

i

an application for support for an earlier year of the current course, or

ii

an application for support in connection with a designated course, designated part-time course, or other designated course from which A’s status as an eligible student, eligible part-time student or eligible distance learning 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,

A’s status as an eligible distance learning student terminates immediately before the first day of the academic year in respect of which A is applying for support.

Annotations:
Commencement Information
I21

Reg. 21 in operation at 1.9.2022, see reg. 1(2)

I2222

In regulation 10627 (students becoming eligible in the course of an academic year)—

a

in paragraph 1A for “or (o)” substitute “, (o) or (p)”;

b

in paragraph 2 for “or (o)” substitute “, (o) or (p)”;

c

in paragraph 3 for “or (o)” substitute “, (o) or (p)”;

d

in paragraph (4)—

i

in sub-paragraph (n) omit “or”;

ii

in sub-paragraph (o) after “Schemes” for “.” substitute “; or”;

iii

after sub-paragraph (o), insert—

p

the student becomes a person granted leave under one of the Ukraine Schemes.

Annotations:
Commencement Information
I22

Reg. 22 in operation at 1.9.2022, see reg. 1(2)

I2323

In regulation 12228 (eligible part-time students)—

a

after paragraph (10E), insert—

10F

Where—

a

the Department determined that, by virtue of being a person granted leave under one of the Ukraine Schemes, a person (“A”) was an eligible part-time student in connection with—

i

an application for support for an earlier year of the current part-time course, or

ii

an application for support in connection with a designated course, designated distance learning course, or other designated course from which A’s status as an eligible student, eligible part-time student or eligible distance learning 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 Schemes is allowed to stay in the United Kingdom has expired and no further leave to enter or remain has been granted,

A’s status as an eligible part-time student terminates immediately before the first day of the academic year in respect of which A is applying for support.

Annotations:
Commencement Information
I23

Reg. 23 in operation at 1.9.2022, see reg. 1(2)

I2424

In regulation 12329 (students becoming eligible during the course of an academic year)—

a

in paragraph 1A for “or (o)” substitute “, (o) or (p)”;

b

in paragraph 2 for “or (o)” substitute “, (o) or (p)”;

c

in paragraph (3)—

i

in sub-paragraph (n) omit “or”;

ii

in sub-paragraph (o) after “Schemes” for “.” substitute “; or”;

iii

after sub-paragraph (o), insert—

p

the student becomes a person granted leave under one of the Ukraine Schemes.

Annotations:
Commencement Information
I24

Reg. 24 in operation at 1.9.2022, see reg. 1(2)

I2525

In regulation 130(7)30 (disabled part-time students’ allowance) for “or (o)” substitute “, (o) or (p)”.

Annotations:
Commencement Information
I25

Reg. 25 in operation at 1.9.2022, see reg. 1(2)

I2626

In regulation 13931 (eligible postgraduate students)—

a

after paragraph (12E), insert—

12F

Where—

a

the Department determined that, by virtue of being a person granted leave under one of the Ukraine Schemes, a person (“A”) was an eligible postgraduate student in connection with—

i

an application for support for an earlier year of the current postgraduate course, or

ii

an application for support in connection with another designated postgraduate course from which A’s status as an eligible postgraduate student has been transferred to the current postgraduate 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,

A’s status as an eligible postgraduate student terminates immediately before the first day of the academic year in respect of which A is applying for support.

Annotations:
Commencement Information
I26

Reg. 26 in operation at 1.9.2022, see reg. 1(2)

I2727

In regulation 140(2)32 (students becoming eligible in the course of an academic year)—

a

in paragraph (l) omit the terminal “or”;

b

in paragraph (m) for “.” substitute “; or”;

c

after paragraph (m) insert—

n

the student becomes a person granted leave under one of the Ukraine Schemes.

Annotations:
Commencement Information
I27

Reg. 27 in operation at 1.9.2022, see reg. 1(2)

I2828

In regulation 14933 (eligible master’s, etc. students)—

a

after paragraph (11E), insert—

11F

Where—

a

the Department determined that, by virtue of being a person granted leave under one of the Ukraine Schemes, 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,

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.

Annotations:
Commencement Information
I28

Reg. 28 in operation at 1.9.2022, see reg. 1(2)

I2929

In regulation 15134 (events)—

a

in paragraph (m) omit the terminal “or”;

b

in paragraph (n) for “.” substitute “; or”;

c

after paragraph (n) insert—

o

the student becomes a person granted leave under one of the Ukraine Schemes.

Annotations:
Commencement Information
I29

Reg. 29 in operation at 1.9.2022, see reg. 1(2)

I3030

In Schedule 2 (eligible students), after the newly inserted paragraph 15, insert—

16Persons granted leave under one of the Ukraine Schemes

A person granted leave under one of the Ukraine Schemes, who is ordinarily resident in Northern Ireland on the first day of the first academic year of the course.

Annotations:
Commencement Information
I30

Reg. 30 in operation at 1.9.2022, see reg. 1(2)

Amendments to the 2007 Regulations

I3131

In regulation 5(1)(c)35, after the newly inserted “4H,” insert “4I,”;

Annotations:
Commencement Information
I31

Reg. 31 in operation at 1.9.2022, see reg. 1(2)

I3232

In regulation 5(1A)(a), after the newly inserted “4H,” insert “4I,”;

Annotations:
Commencement Information
I32

Reg. 32 in operation at 1.9.2022, see reg. 1(2)

I3333

In the Schedule—

a

in paragraph (1) after the definition of “person granted leave under one of the Afghan Schemes”36, insert—

  • “person granted leave under one of the Ukraine Schemes” means a person granted leave under the Homes for Ukraine Sponsorship Scheme, a person granted leave under the Ukraine Extension Scheme or a person granted leave under the Ukraine Family Scheme;

b

after the definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme”37, insert—

  • “person granted leave under the Homes for Ukraine Sponsorship Scheme” means a person—

    1. a

      who has leave to enter or remain in the United Kingdom—

      1. i

        under paragraph UKR 19.1 of Appendix Ukraine Scheme of the Immigration Rules as defined in section 33(1) of the Immigration Act 1971; or

      2. ii

        outside the Immigration Rules as defined in section 33(1) of the Immigration Act 1971 where the person—

        1. aa

          was residing in Ukraine immediately before 1st January 2022; and

        2. bb

          left Ukraine in connection with the Russian invasion which took place on 24th February 2022; and

    2. b

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

  • “person granted leave under the Ukraine Extension Scheme” means a person—

    1. a

      who has leave to remain in the United Kingdom under paragraph UKR 27.1 of Appendix Ukraine Scheme of the Immigration Rules as defined in section 33(1) of the Immigration Act 1971; and

    2. b

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

  • “person granted leave under the Ukraine Family Scheme” means a person—

    1. a

      who has leave to enter or remain in the United Kingdom—

      1. i

        under paragraph UKR 9.1 of Appendix Ukraine Scheme of the Immigration Rules as defined in section 33(1) of the Immigration Act 1971; or

      2. ii

        outside the Immigration Rules as defined in section 33(1) of the Immigration Act 1971 where the person—

        1. aa

          was residing in Ukraine immediately before 1st January 2022; and

        2. bb

          left Ukraine in connection with the Russian invasion which took place on 24th February 2022; and

    2. b

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

c

After the newly inserted paragraph 4H, insert—

Persons granted leave under one of the Ukraine Schemes4I

A person granted leave under one of the Ukraine Schemes who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.

Annotations:
Commencement Information
I33

Reg. 33 in operation at 1.9.2022, see reg. 1(2)

CHAPTER 3Miscellaneous

Amendments to the 2009 Regulations

I3434

In Regulation 18 (events)—

a

in paragraph (e)38 after “paragraph 3” insert “(1)”;

b

in paragraph (h)39 after “paragraph 11” insert “(1)”;

Annotations:
Commencement Information
I34

Reg. 34 in operation at 1.9.2022, see reg. 1(2)

I3535

In Regulation 106(4) (students becoming eligible during the course of the academic year)—

a

in the second sub-paragraph lettered “(d)”40 re-letter to “(f)”;

b

in the newly re-lettered sub-paragraph (f)41 after “paragraph 3” insert “(1)”;

c

in sub-paragraph (h)42 after “paragraph 11” insert “(1)”;

Annotations:
Commencement Information
I35

Reg. 35 in operation at 1.9.2022, see reg. 1(2)

I3636

In Regulation 123(3) (students becoming eligible during the course of the academic year)—

a

in the second sub-paragraph lettered “(d)”43 re-letter to “(f)”;

b

in the newly re-numbered sub-paragraph (f) after “paragraph 3” insert “(1)”;

Annotations:
Commencement Information
I36

Reg. 36 in operation at 1.9.2022, see reg. 1(2)

I3737

In Regulation 140(2)44 (students becoming eligible during the course of the academic year)—

a

for sub-paragraph (d) substitute—

d

the student becomes a person described in paragraph 3(1)(a) of Schedule 2;

Annotations:
Commencement Information
I37

Reg. 37 in operation at 1.9.2022, see reg. 1(2)

I3838

In Regulation 151 (events)—

a

in the second sub-paragraph lettered “(d)”45 re-letter to “(e)”;

b

in the newly re-numbered sub-paragraph (e) after “paragraph 3” insert “(1)”;

Annotations:
Commencement Information
I38

Reg. 38 in operation at 1.9.2022, see reg. 1(2)

Sealed with the Official Seal of the Department for the Economy on 11th August 2022.

seal_r00001
Ms Heather CousinsA senior officer of the Department for the Economy
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend legislation which makes provision about, or in connection with, student finance. Two sets of Student Support Regulations are amended. Those Regulations are the Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 “the 2009 Regulations” and the Student Fees (Qualifying Courses and Persons) Regulations (Northern Ireland) 2007 “the 2007 Regulations”.

Regulations 3 to 10 amend the 2009 Regulations and the 2007 Regulations respectively for new courses which begin on or after 1st August 2022 so that British nationals evacuated or assisted from Afghanistan become eligible for support.

Regulation 11 to 33 amend the 2009 Regulations and the 2007 Regulations respectively so that persons under the Ukraine Schemes (Homes for Ukraine Sponsorship Scheme, Ukraine Family Scheme and Ukraine Extension Scheme) become eligible for support for new and existing courses from the beginning of academic year 2022/23.

Regulations 34 to 38 amend provisions of the 2009 Regulations that had been either been amended incorrectly or not amended where amendments were required.

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