The Education (Student Support, etc.) (Amendment No.2) Regulations (Northern Ireland) 2024
PART 1
Introductory
Citation, commencement and application1.
(1)
These Regulations may be cited as The Education (Student Support, etc.) (Amendment No.2) Regulations (Northern Ireland) 2024.
(2)
These Regulations come into operation on 14th August 2024.
(3)
The following provisions of these Regulations apply only in relation to the provision of support, and to fees and awards applicable, in relation to a new academic year, whether or not anything done under these Regulations is done before, on or after 1st August 2024—
(a)
regulations 3 to 6 (victims of domestic violence or domestic abuse);
(b)
regulations 9 to 12 (children of persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse or as a bereaved partner);
(c)
regulations 13 to 15 (students settled in the United Kingdom);
(d)
regulations 16 to 20 (termination of eligible student status);
(e)
regulation 21 (eligibility for home fee status in certain circumstances where leave to remain expired);
(f)
regulation 22 and 23 (amendments relating to the Ukraine Permission Extension Scheme).
(4)
In this regulation—
“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;
“new academic year” means an academic year which begins on or after 1st August 2024.
Interpretation2.
In these Regulations—
(a)
(b)
PART 2
CHAPTER 1Victims of domestic violence or domestic abuse
Amendment to the 2009 Regulations
3.
(a)
for “leave to remain”, in both places, substitute “leave to enter or remain”
;
(b)
“(i)
paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse7; or(ii)
where such leave was granted before the coming into force of the Appendix Victim of Domestic Abuse, paragraph 289B (victims of domestic violence), paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse) or paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces);”.
4.
Amendments to the 2007 Regulations
5.
In both regulation 5(10)10 (prescribed description of a qualifying person), in paragraph (e) of the definition of “protected category event” and paragraph 4E11 of the Schedule (persons granted indefinite leave to remain as a victim of domestic violence or domestic abuse), in each place it occurs, including in the heading to paragraph 4E of the Schedule, for “leave to remain”, substitute “leave to enter or remain”
.
6.
(a)
for “leave to remain”, in both places, substitute “leave to enter or remain”
;
(b)
“(aa)
paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse; or
(bb)
where such leave was granted before the coming into force of the Appendix Victim of Domestic Abuse, paragraph 289B (victims of domestic violence), paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse) or paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces);”.
CHAPTER 2Afghan Relocations and Assistance Policy Scheme
Amendments to the 2009 Regulations7.
“(ia)
indefinite leave to enter or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules14;”.
Amendments to the 2007 Regulations8.
“(ia)
indefinite leave to enter or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules;”.
CHAPTER 3Children of persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse or as a bereaved partner
Amendments to the 2009 Regulations
9.
In regulation 2A (meaning of terms including protected category event)16, in paragraph (3), in sub-paragraphs (f) and (h), after “the student” insert “or the student’s parent”
.
10.
In Part 2 of Schedule 2 (eligible students)—
(a)
in the heading to paragraph 4D (persons granted indefinite leave to remain as a bereaved partner)17, at the end, insert “and their children”
;
(b)
paragraph 4D becomes sub-paragraph (1) of that paragraph;
(c)
“(2)
A person—
(a)
granted indefinite leave to remain;
(b)
who—
(i)
is the child of a person granted indefinite leave to remain as a bereaved partner; and
(ii)
on the leave application date, was the child of the person granted indefinite leave to remain as a bereaved partner;
(c)
who was under 18 on the leave application date;
(d)
who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; and
(e)
who is ordinarily resident in Northern Ireland on the course start date.
(3)
In this paragraph, “leave application date” means the date on which a person granted indefinite leave to remain as a bereaved partner made an application to remain in the United Kingdom on those grounds under the immigration rules.”;
(d)
in the heading to paragraph 4E (persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse)18, at the end, insert “and their children”
;
(e)
paragraph 4E becomes sub-paragraph (1) of that paragraph;
(f)
“(2)
A person—
(a)
granted indefinite leave to enter or remain;
(b)
who—
(i)
is the child of a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse; and
(ii)
on the leave application date, was the child of the person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse;
(c)
who was under 18 on the leave application date;
(d)
who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; and
(e)
who is ordinarily resident in Northern Ireland on the course start date.
(3)
In this paragraph, “leave application date” means the date on which a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse made an application to remain in the United Kingdom on those grounds under the immigration rules.”.
Amendments to the 2007 Regulations
11.
In regulation 5 (prescribed description of a qualifying person), in paragraph (10)(d) and (e) in the definition of “protected category event”, after “the student” insert “or the student’s parent”
.
12.
In the Schedule (qualifying persons)—
(a)
in the heading to paragraph 4D19 (persons granted indefinite leave to remain as a bereaved partner), at the end, insert “and their children”
;
(b)
paragraph 4D becomes sub-paragraph (1) of that paragraph;
(c)
“(2)
A person—
(a)
granted indefinite leave to remain;
(b)
who—
(i)
is the child of a person granted indefinite leave to remain as a bereaved partner; and
(ii)
on the leave application date, was the child of the person granted indefinite leave to remain as a bereaved partner;
(c)
who was under 18 on the leave application date;
(d)
who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; and
(e)
who is ordinarily resident in the United Kingdom on the course start date.
(3)
In this paragraph, “leave application date” means the date on which a person granted indefinite leave to remain as a bereaved partner made an application to remain in the United Kingdom on those grounds under the immigration rules.”.
(d)
in the heading to paragraph 4E (persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse), at the end, insert “and their children”
;
(e)
paragraph 4E becomes sub-paragraph (1) of that paragraph;
(f)
“(2)
A person—
(a)
granted indefinite leave to enter or remain;
(b)
who—
(i)
is the child of a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse; and
(ii)
on the leave application date, was the child of the person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse;
(c)
who was under 18 on the leave application date;
(d)
who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; and
(e)
who is ordinarily resident in the United Kingdom on the course start date.
(3)
In this paragraph, “leave application date” means the date on which a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse made an application to remain in the United Kingdom on those grounds under the immigration rules.”.
CHAPTER 4Students settled in the United Kingdom
Amendments to the 2009 Regulations
13.
(a)
“(ba)
the student becomes a person described in paragraph 2 of Schedule 2;”;
(b)
“means—
(a)
the student becomes a person described in paragraph 2A of Schedule 2; or
(b)
the student becomes a family member described in paragraph 9A(1)(a), 9C(1)(a) or 9D(1)(a) of Schedule 2.”.
14.
In Part 2 of Schedule 2 (eligible students)—
(a)
in paragraph 2(1), omit “on the first day of the first academic year of the course”;
(b)
in paragraph 2(1)(b) after “Northern Ireland”, insert “on the first day of the first academic year of the course”
;
(c)
Amendments to the 2007 Regulations
15.
In the Schedule (qualifying persons)—
(a)
in the opening words of paragraph 2(1) omit “on the first day of the first academic year of the course”;
(b)
in paragraph 2(1)(b), after “United Kingdom”, insert “on the first day of the first academic year of the course”
;
(c)
CHAPTER 5Termination of eligible student status
Amendment to the 2009 Regulations
16.
In regulation 5 (eligible students)—
(a)
“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 200224), 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,”;
(b)
(c)
in paragraph (11B)(b)28, after “has been granted” insert “and A has not become a British or Irish citizen”
;
(d)
“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)
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,”;
(e)
in paragraph (11E)(b)31, after “has expired” insert “and that person has not become a British or Irish citizen”
;
(f)
in paragraph (12A)(b)32, after “has been granted under those rules” insert “and A has not become a British or Irish citizen”
;
(g)
in paragraph (12C)(b)33 after “protected rights” insert “and has not become a British or Irish citizen”
.
17.
In regulation 105 (eligible distance learning students)—
(a)
“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 200235); 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.”;
(b)
(c)
in paragraph (11B)(b)39, after “has been granted” insert “and A has not become a British or Irish citizen”
;
(d)
“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)
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,”;
(e)
in paragraph (11E)(b)42, after “has expired” insert “and that person has not become a British or Irish citizen”
;
(f)
in paragraph (12A)(b)43, after “has been granted under those rules” insert “and A has not become a British or Irish citizen”
;
(g)
in paragraph (12C)(b)44 after “protected rights” insert “and has not become a British or Irish citizen”
.
18.
In regulation 122 (eligible part-time students)—
(a)
“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 200246), 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,”;
(b)
(c)
in paragraph (10B)(b)50, after “has been granted” insert “and A has not become a British or Irish citizen”
;
(d)
“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)
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,”;
(e)
in paragraph (10E)(b)53, after “has expired” insert “and that person has not become a British or Irish citizen”
;
(f)
in paragraph (11A)(b)54, after “has been granted under those rules” insert “and A has not become a British or Irish citizen”
;
(g)
in paragraph (11C)(b)55 after “protected rights” insert “and has not become a British or Irish citizen”
.
19.
In regulation 139 (eligible postgraduate students)—
(a)
“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 200257); 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,”;
(b)
(c)
in paragraph (12B)(b)61, after “has been granted” insert “and A has not become a British or Irish citizen”
;
(d)
“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)
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,”;
(e)
in paragraph (12E)(b)64, after “has expired” insert “and that person has not become a British or Irish citizen”
;
(f)
in paragraph (13A)(b)65, after “has been granted under those rules” insert “and A has not become a British or Irish citizen”
;
(g)
in paragraph (13C)(b)66 after “protected rights” insert “and has not become a British or Irish citizen”
.
20.
In regulation 149 (eligible master’s, etc. students)—
(a)
“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 200268); 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,”;
(b)
(c)
in paragraph (11B)(b)72, after “has been granted” insert “and A has not become a British or Irish citizen”
;
(d)
“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)
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,”;
(e)
in paragraph (11E)(b)75, after “has expired” insert “and that person has not become a British or Irish citizen”
;
(f)
in paragraph (12A)(b)76, after “has been granted under those rules” insert “and A has not become a British or Irish citizen”
;
(g)
in paragraph (12C)(b)77 after “protected rights” insert “and has not become a British or Irish citizen”
.
CHAPTER 6Eligibility for home fee status in certain circumstances where leave to remain expired
Amendments to the 2007 Regulations21.
“(1D)
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.”.
CHAPTER 7Amendments relating to the Ukraine Permission Extension Scheme
Amendment to the 2009 Regulations22.
In regulation 2(1) (interpretation)—
(a)
(b)
““person granted leave under the Ukraine Permission Extension Scheme” means a person—
(a)
who has leave to remain in the United Kingdom under the Ukraine Permission Extension Scheme; and
(b)
who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;”.
Amendment to the 2007 Regulations23.
In the Schedule (qualifying persons), in paragraph 1(1)—
(a)
in the definition of “person granted leave under one of the Ukraine Schemes”82, after “Ukraine Extension Scheme” insert “, a person granted leave under the Ukraine Permission Extension Scheme”
;
(b)
““person granted leave under the Ukraine Permission Extension Scheme” means a person—
(a)
who has leave to remain in the United Kingdom under the Ukraine Permission Extension Scheme; and
(b)
who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;”.
CHAPTER 8Amendments to the definition of person granted indefinite leave to remain as a bereaved partner
Amendments to the 2009 Regulations24.
“(i)
paragraph BP 11.1 of Appendix Bereaved Partner; or
(ii)
where such leave was granted before the coming into force of Appendix Bereaved Partner—
(aa)
paragraph 288, as a person in relation to whom the requirements in paragraph 287(b) of those rules were met (bereaved partners);
(bb)
paragraph 295N, as a person in relation to whom the requirements in paragraph 295M of those rules were met (bereaved partners);
(cc)
paragraph D-BPILR.1.1 of Appendix FM (bereaved partners); or
(dd)
paragraph 36 of Appendix Armed Forces (bereaved partner of a member of HM Forces);”.
Amendments to the 2007 Regulations25.
“(i)
paragraph BP 11.1 of Appendix Bereaved Partner; or
(ii)
where such leave was granted before the coming into force of Appendix Bereaved Partner—
(aa)
paragraph 288, as a person in relation to whom the requirements in paragraph 287(b) of those rules were met (bereaved partners);
(bb)
paragraph 295N, as a person in relation to whom the requirements in paragraph 295M of those rules were met (bereaved partners);
(cc)
paragraph D-BPILR.1.1 of Appendix FM (bereaved partners); or
(dd)
paragraph 36 of Appendix Armed Forces (bereaved partner of a member of HM Forces);”.
PART 3
Other amendments
Amendments to the Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2024
26.
In regulation 30(3) omit “Part 2 of”.
27.
In regulation 32—
(a)
in paragraph (j) for “the first day of the first academic year of the course” substitute “the day on which the first term of the first academic year actually begins”
;
(b)
in paragraph (k) for “the first day of the first academic year of the course” substitute “the day on which the first term of the first academic year actually begins”
.
28.
In regulation 34, in the introductory sentence, omit “Part 2 of”.
29.
In regulation 36—
(a)
in paragraph (3) of the inserted regulation 2A—
(i)
in paragraph (i) omit “or the student’s spouse, civil partner or parent”;
(ii)
in paragraph (j) omit “or the student’s spouse, civil partner or parent”.
30.
In regulation 59(d)—
(a)
in inserted paragraph (8) for “prescribed” substitute “protected”
;
(b)
in inserted paragraph (9) omit “Part 2 of”;
(c)
in inserted paragraph (10)—
(i)
in the definition of “protected category” omit “Part 2 of”;
(ii)
in the definition of “settled category” for “2” substitute “2A”
.
Amendments to the 2009 Regulations
31.
In regulation 130(7)86 after “listed in” insert “regulation”
.
32.
In regulation 139(8) after “United Kingdom” insert “or the Republic of Ireland”
.
Amendments to the 2007 Regulations
33.
In regulation 5—
(a)
(b)
Sealed with the Official Seal of the Department for the Economy on 23rd July 2024.
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”.
These Regulations come into force on 14th August 2024, unless otherwise specified.
Part 2 amends the 2009 and 2007 Regulations in order to:
amend the definition of “person granted indefinite leave to remain as a victim of domestic violence or abuse” to align with changes made to the immigration rules, to include persons granted indefinite leave to enter as a result of being a victim of transnational marriage abandonment;
amend 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;
make provision so that children granted indefinite leave to enter or remain on the basis that their parent has been granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse or indefinite leave to remain as a bereaved partner are eligible for student support on that basis and have the same test of ordinary residence as their parent;
provide for persons in the student eligibility categories set out in paragraphs in the 2009 and 2007 Regulations (which require a student to have settled status) to become eligible for student support when they acquire their settled status during the course of an academic year. The requirement to be settled in the United Kingdom on the first day of the first academic year of the course, or on the course start date as appropriate, is removed and the acquisition of settled status becomes an in-year qualifying event for access to student support for students in these categories;
ensure that students who acquire British or Irish citizenship during the course of an academic year do not lose their status as students eligible for financial support;
provide for students whose leave to remain expires but who are granted further leave to remain or who become British or Irish citizens remain able to access student support for the remainder of their course;
include the Ukraine Permission Extension Scheme in the definition of “person granted leave under one of the Ukraine Schemes”. A definition of “person granted leave under the Ukraine Permission Extension Scheme” is also inserted, and
make changes to the definition of “person granted indefinite leave to remain as a bereaved partner” to take into account recent changes to the immigration rules dealing with such persons.
Part 3 amends the 2009 and 2007 Regulations in order to:
correct legislative errors.
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.