The Further Education Loans Regulations 2012

Eligible students E+W

3.—(1) An eligible student qualifies for a fee loan in connection with a designated further education course subject to and in accordance with this regulation.

[F1 (2) A person is an eligible student in connection with a designated further education course if—

(a) in assessing that person’s application for a fee loan the Secretary of State determines that the person falls within one of the categories set out—

(i) in paragraphs 2, 2A, 3, 4, 4A, 4B, 4C, 4D, 4E, 5, [F2 5A,] [F3 5B, 5C,] 6A, 7A, 8A, 9A, 9B, [F4 9BA,] [F5 9BB,] 9C, 9D, 10A, 11A, 12A and 13 in Part 2 of Schedule 1; or

(ii) in paragraphs 6, 7, 8, 9, 10, 11 and 12 in Part 2 of Schedule 1, where paragraph (2A) applies; and

(b) the person satisfies the requirements of the other paragraphs of this regulation.

(2A) This paragraph applies where—

(a) in connection with a designated further education course beginning before 1st August 2021, the Secretary of State—

(i) in assessing an application for a fee loan by a person (“A”) determined that A fell within one of the categories set out in paragraphs 6, 7, 8, 9, 10, 11 and 12 in Part 2 of Schedule 1 in relation to an academic year of the course beginning before 1st August 2021; or

(ii) would have so determined had A made an application for a fee loan in accordance with this Part in relation to an academic year of the course beginning before that date; and

(b) A applies for a fee loan in connection with that course or a designated further education course to which A’s status as an eligible student is transferred from that course in accordance with these Regulations.

(2B) In connection with a designated further education course beginning on or after 1st January 2028, paragraph (2) has effect as if it did not mention paragraphs 8A [F6 , 9B, 9BA and 9D].]

(3) The requirements of this paragraph are that the eligible student (“A”)—

[F7 (aa) has reached the age of 24 on the first day of A’s designated further education course, where that day is before 1st August 2016;

(a) has reached the age of 19 on the first day of A’s designated further education course, where that day is on or after 1st August 2016;]

(b) is not in breach of any obligation to repay any loan;

(c) has ratified any agreement for a loan made with A when A was under the age of 18;

(d) has not, in the opinion of the Secretary of State, shown by A’s conduct that A is unfitted to receive support.

(4) If A is an eligible prisoner A can qualify for a fee loan under this regulation in respect of a designated further education course which is taking place at the time which A enters prison, is in prison or is released from prison.

(5) For the purposes of paragraphs [F8 (3)(b) and (3)(c)], “loan” means a loan made under any provision of the student loans legislation.

(6) In a case where the agreement for a loan is subject to the law of Scotland, paragraph [F9 (3)(c)] only applies if the agreement was made—

(a) before 25th September 1991; and

(b) with the concurrence of the borrower’s curator or at a time when the borrower had no curator.

(7) Where the Secretary of State has determined that, by virtue of being a refugee or the spouse, civil partner, child or step-child of a refugee, a person (“A”) is—

(a) an eligible student in connection with an application for a fee loan for a designated further education course; and

(b) as at the day before that course begins, the refugee status of A or of A’s spouse, civil partner, parent or step-parent, as the case may be, [F10 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 refugee status has expired has not become a British or Irish citizen,]

A’s status as an eligible student terminates immediately before the first day of the course.

[F11 (7A) Where—

(a) the Secretary of State has determined that, by virtue of being a person granted stateless leave or the spouse, civil partner, child or step-child of a person granted stateless leave, a person (“A”) is an eligible student in connection with an application for a fee loan for a designated further education course; and

(b) as at the day before that course begins, the period for which the person granted stateless leave is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted [F12 and that person has not become a British or Irish citizen],

A’s status as an eligible student terminates immediately before the first day of the course.]

[F13 (7B) Where—

(a) the Secretary of State has determined that, by virtue of being a person granted section 67 leave, a person (“A”) is an eligible student in connection with an application for a fee loan for a designated further education course, and

(b) as at the day before that course begins, the period for which the person granted section 67 leave is allowed to stay in the United Kingdom and Islands has expired and no further leave to remain has been granted [F14 and that person has not become a British or Irish citizen],

A’s status as an eligible student terminates immediately before the first day of the course.]

[F15 (7C) Where—

(a) the Secretary of State has determined that, by virtue of being a person granted Calais leave, a person (“A”) is an eligible student in connection with an application for a fee loan for a designated further education course; and

(b) as at the day before that course begins, the period for which A is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted [F16 and A has not become a British or Irish citizen],

A’s status as an eligible student terminates immediately before the first day of the course.]

(8) Where the Secretary of State has determined that, by virtue of being a person granted humanitarian protection or the spouse, civil partner, child or step-child of such a person, a person (“A”) is—

(a) an eligible student in connection with an application for a fee loan for a designated further education course; and

(b) as at the day before that course begins, the period for which the person granted humanitarian protection is allowed to stay in the United Kingdom [F17 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,]

A’s status as an eligible student terminates immediately before the first day of the course.

[F18 (8A) Where—

(a) the Secretary of State has determined that, by virtue of being a person granted leave under [F19 one of the Afghan Schemes] [F20 or the spouse, civil partner, child or step-child of a person granted leave under one of the Afghan Schemes], a person (“A”) is an eligible student in connection with an application for a fee loan for a designated further education course; and

(b) as at the day before that course begins, the period for which the person granted leave under [F21 one of the Afghan Schemes] is allowed to stay in the United Kingdom has expired [F22 and that person has not become a British or Irish citizen],

A’s status as an eligible student terminates immediately before the first day of the course.]

[F23 (8B) Where—

(a) the Secretary of State has determined that, by virtue of being a person granted leave under one of the Ukraine Schemes [F24 or the spouse, civil partner, child or step-child of a person granted leave under one of the Ukraine Schemes], a person (“A”) is an eligible student in connection with an application for a fee loan for a designated further education course; and

(b) as at the day before that course 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 student terminates immediately before the first day of the course.]

[F25 (9) Where—

(a) the Secretary of State has determined that, by virtue of being a person with protected rights with limited leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules, a person (“A”) is an eligible student in connection with an application for support for a fee loan for a designated further education course; and

(b) as at the day before that course begins, A no longer has extant limited leave to enter or remain granted by virtue of residence scheme immigration rules and no further leave to enter or remain has been granted under those rules [F26 and A has not become a British or Irish citizen],

A’s status as an eligible student terminates immediately before the first day of the course.

(10) Where—

(a) the Secretary of State has determined that, by virtue of—

(i) falling within [F27 paragraph (a)F28 ... (iv) or (v)] of the definition of “person with protected rights”; or

(ii) meeting the conditions in paragraph 3(1)(a)F29 ... (iv) in Part 2 of Schedule 1,

a person (“A”) is an eligible student in connection with an application for a fee loan for a designated further education course; and

(b) as at the day before that course begins, A is not a person with protected rights [F30 and has not become a British or Irish citizen],

A’s status as an eligible student terminates immediately before the first day of the course.]

[F31 (11)  Where—

(a) the Secretary of State has determined that a person (“A”) is an eligible student by virtue of paragraph 13 of Schedule 1 (long residence) in connection with an application for a fee loan for a designated further education course; and

(b) as at the day before the course begins, the period for which A is allowed to stay in the United Kingdom 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) A has not become a British or Irish citizen,

A’s status as an eligible student terminates immediately before the first day of the course.]

Textual Amendments

F1 Reg. 3(2)-(2B) substituted for reg. 3(2) (1.3.2021) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 (S.I. 2021/127), regs. 1(1), 47(a)

F2 Word in reg. 3(2)(a)(i) inserted (23.12.2021 with application in accordance with reg. 1(3)(c) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 34(2)(a)

F3 Words in reg. 3(2)(a)(i) inserted (3.6.2022 with application in accordance with reg. 1(3)(d) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/534), regs. 1(1), 12(1)

F4 Word in reg. 3(2)(a)(i) inserted (1.9.2021) by The Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/929), regs. 1(1), 21(1)(a)

F5 Word in reg. 3(2)(a)(i) inserted (23.12.2021 with application in accordance with reg. 1(3)(d) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 36(1)

F6 Words in reg. 3(2B) substituted (1.9.2021) by The Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/929), regs. 1(1), 21(1)(b)

F7 Reg. 3(3)(a)(aa) substituted for reg. 3(3)(a) (1.4.2016) by The Further Education Loans (Amendment) Regulations 2016 (S.I. 2016/238), regs. 1, 3

F8 Words in reg. 3(5) substituted (1.8.2014) by The Further and Higher Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/1766), regs. 1, 4(a)

F9 Word in reg. 3(6) substituted (1.8.2014) by The Further and Higher Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/1766), regs. 1, 4(b)

F10 Reg. 3(7)(b)(i)-(iii) substituted (15.2.2024 with application in accordance with reg. 2(4)(d) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 26(a)

F11 Reg. 3(7A) inserted (1.4.2018) by The Further Education Loans (Amendment) Regulations 2018 (S.I. 2018/182), regs. 1, 3(2)

F12 Words in reg. 3(7A)(b) inserted (15.2.2024 with application in accordance with reg. 2(4)(d) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 26(b)

F13 Reg. 3(7B) inserted (with application in accordance with reg. 1(2)(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 39(3)

F14 Words in reg. 3(7B)(b) inserted (15.2.2024 with application in accordance with reg. 2(4)(d) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 26(b)

F15 Reg. 3(7C) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/48), regs. 1(1), 3(4)(b)

F16 Words in reg. 3(7C)(b) inserted (15.2.2024 with application in accordance with reg. 2(4)(d) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 26(c)

F17 Reg. 3(8)(b)(i)-(iii) and words substituted for words (15.2.2024 with application in accordance with reg. 2(4)(d) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 26(d)

F18 Reg. 3(8A) inserted (23.12.2021 with application in accordance with reg. 1(3)(c) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 34(2)(b)

F19 Words in reg. 3(8A)(a) substituted (15.2.2022) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2022 (S.I. 2022/57), regs. 1(1), 20(2) (with reg. 1(3))

F20 Words in reg. 3(8A)(a) inserted (1.8.2023 with application in accordance with reg. 2(6)(7)(9) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), reg. 80(a)

F21 Words in reg. 3(8A)(b) substituted (15.2.2022) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2022 (S.I. 2022/57), regs. 1(1), 20(2) (with reg. 1(3))

F22 Words in reg. 3(8A)(b) inserted (15.2.2024 with application in accordance with reg. 2(4)(d) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 26(e)

F23 Reg. 3(8B) inserted (3.6.2022 with application in accordance with reg. 1(4)(d) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/534), regs. 1(1), 13(2)

F24 Words in reg. 3(8B)(a) inserted (1.8.2023 with application in accordance with reg. 2(4)(5)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), reg. 80(b)

F25 Reg. 3(9)(10) inserted (1.3.2021) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 (S.I. 2021/127), regs. 1(1), 47(b)

F26 Words in reg. 3(9)(b) inserted (15.2.2024 with application in accordance with reg. 2(4)(d) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 26(f)

F27 Words in reg. 3(10)(a)(i) substituted (1.9.2021) by The Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/929), regs. 1(1), 19

F28 Word in reg. 3(10)(a)(i) omitted (23.12.2021 with application in accordance with reg. 1(3)(e) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 35(2)(a)

F29 Words in reg. 3(10)(a)(ii) omitted (23.12.2021 with application in accordance with reg. 1(3)(e) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 35(2)(b)

F30 Words in reg. 3(10)(b) inserted (15.2.2024 with application in accordance with reg. 2(4)(d) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 26(g)

F31 Reg. 3(11) inserted (15.2.2024 with application in accordance with reg. 2(5)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 26(h)

Commencement Information

I1 Reg. 3 in force at 1.9.2012, see reg. 1(1)