The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2024

Amendments to the 2007 RegulationsN.I.

This section has no associated Explanatory Memorandum

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

(a)after paragraph (1)(1) insert —

“(1ZA) Subject to paragraphs (1) and (1C), a qualifying person is a person who—

(a)falls within a settled category or a protected category—

(i)on the course start date, where the relevant academic year is the first academic

year of the person’s course, or

(ii)otherwise, on the first day of a relevant academic year;

(b)falls within a prescribed category on the first day of a relevant academic year.

(1ZB) Paragraph (1ZA) includes a person who undertakes a qualifying course in an academic year which began before 1st September 2024 but who nevertheless falls within a settled category, a protected category or a prescribed category on the first day of an academic year commencing on or after that date.”

(b)in paragraph (1A)(a), omit—

(i)“2A,”;

(ii)“4, 4A, 4B, 4C, 4D, 4E, 4F, 4G, 4H, 4I, 5,”;

(iii)“8A,”.

(c)in paragraph (6) for “Where” substitute “Subject to paragraphs 8 to 10 where”

(d)after paragraph (7) insert—

“(8) Where a protected category event occurs in relation to a person after the course start date, paragraph (9) applies for the purposes of determining whether the person falls within a [F1protected] category on the first day of the relevant academic year.

(9) The person is, for the purposes of determining whether they satisfy any requirement in F2... the Schedule that they are ordinarily resident in the United Kingdom on the course start date, to be treated as if the person was, on the course start date, lawfully residing in the place where the person was residing on that date.

(10) For the purposes of this regulation—

“protected category” means any category of persons described in paragraph 4, 4A, 4B, 4C, 4D, 4E, 4F, 4G, 4H,4I or 5 of F3... the Schedule;

“protected category event” means —

(a)the student or the student’s spouse, civil partner or parent is recognised as a refugee

or becomes a person granted humanitarian protection or becomes a person granted

stateless leave or becomes a person with leave to enter or remain on the grounds of

discretionary leave;

(b)the student becomes a person granted section 67 leave;

(c)the student becomes a person granted Calais leave;

(d)the student becomes a person granted indefinite leave to remain as a bereaved partner;

(e)the student becomes a person granted indefinite leave to remain as a victim of domestic violence or domestic abuse;

(f)the student or the student’s spouse, civil partner or parent becomes a person granted leave under one of the Afghan Schemes; or

(g)the student or the student’s spouse, civil partner or parent becomes a person granted leave under one of the Ukraine Schemes.

“relevant academic year” means an academic year beginning on or after 1st September 2024;

“settled category” means any category of persons described in paragraph [F42A] or 8A of the Schedule.”.

Textual Amendments

Commencement Information

I1Reg. 59 in operation at 26.2.2024 with application in accordance with reg. 1(3)(4)(c)

(1)

paragraph (1) was amended by S.R.s 2011 No. 376 and 2022 No. 201.