The Education (Student Support, etc.) (Amendment) 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. Three sets of Student Support Regulations are amended. Those Regulations are the Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 “the 2009 Regulations”, the Student Fees (Amounts) Regulations (Northern Ireland) 2005 (“the 2005 Regulations”) and the Student Fees (Qualifying Courses and Persons) Regulations (Northern Ireland) 2007 “the 2007 Regulations”.

These Regulations come into operation on 26th February 2024. But, subject to the savings in Chapter 14, some of the amendments made by these Regulations apply only in relation to a course which begins on or after 1st August 2024 (a “new course”), an academic year beginning on or after 1st August 2024 (a “new academic year”) or a new academic year of a course which begins on or after 1st August 2023 and before 1st August 2024 (an “existing course”). In particular:

(a) the amendments made by the provisions specified in regulation 1(3) apply in relation to new academic years only;

(b) the amendments made by the provisions specified in regulation 1(5) apply in relation to new courses and new academic years of existing courses;

(c) the amendments made by provisions specified in regulation 1(6) apply in relation to new courses only.

Chapter 1 of these regulations amend the 2005 Regulations by increasing the basic and higher amounts prescribed in the 2005 Regulations. In each case the increases are by 0.9%, and will come into operation on 1st September 2024.

The 2005 Regulations prescribe the basic and higher amounts which higher education institutions in Northern Ireland may charge by way of tuition fees. Regulation 3 of the 2005 Regulations sets out the basic and higher amounts which ordinarily apply. Regulation 4 of the 2005 Regulations sets out the lower basic and higher amounts which apply in respect of an academic year of specified courses.

Chapter 2 of these regulations removes the tapering of DSA support on course conversion following the alignment of maximum Disabled Students’ Allowance (DSA) support levels.

Chapter 3 of these regulations amends the 2009 regulations to allow for support for designated Master’s etc. courses in the Republic of Ireland.

Chapter 4 of these regulations removes redundant references to ‘qualifying course’ and ‘qualifying students’.

Chapter 5 of these regulations ensures that courses are substantially provided in the UK or where appropriate the UK or the Republic of Ireland.

Chapter 6 of these regulations updates references to immigrations rules in both the 2009 and 2007 Regulations.

Chapter 7 of these regulations amends both the 2009 and the 2007 Regulations to update the categories of students who may be eligible for support to include certain family members of persons who are granted leave to enter or remain in the United Kingdom under an Afghan or Ukraine related immigration scheme.

Chapter 8 of these regulations amends both the 2009 and the 2007 Regulations to change the eligibility requirements for students who are in certain protection based categories (such as refugees and their family members, persons granted stateless leave and persons with Calais leave), so that they may qualify for support if they are ordinarily resident in Northern Ireland on the day on which the first term of the first academic year of their course actually begins.

Chapter 9 of these regulations amends both the 2009 and the 2007 Regulations update the rules determining the amount of support that a student is entitled to if they become eligible for support during the course of an academic year.

Chapter 10 of these regulations amends both the 2009 and the 2007 Regulations so that family members of all settled persons in the UK who are starting courses in 2024/25 qualify for support. This category of person must be ordinarily resident in the UK and Islands for three years before the start of their course in order to qualify for support. Previously, only family members of United Kingdom nationals qualified for support under this category.

Chapter 11 of these regulations amends the definition of a relevant institution of higher education in the Republic of Ireland to clarify that it is a publicly funded prescribed approved institution for the purposes of section 7 of the Student Support Act 2011.

Chapter 12 makes minor technical amendments to the 2009 and 2007 Regulations.

Chapter 13 and the Schedule of these regulations makes amendments to the 2009 Regulations to update the payment rates for student support for an academic year which begins on or after 1st August 2024 (regulation 72 and the Schedule).

Chapter 14 of these regulations includes savings provisions so that family members of persons granted leave under one of the Afghan Schemes who have already qualified for support under the 2009 and 2007, can continue to qualify for support on that basis.

An 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.