The Education (Student Support, etc.) (Amendment No.2) Regulations (Northern Ireland) 2024

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”.

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.