2016 No. 606
The Education (Postgraduate Master's Degree Loans) Regulations 2016
Made
Laid before Parliament
Coming into force
The Secretary of State for Business, Innovation and Skills makes the following Regulations in exercise of the powers conferred by sections 22 and 42(6) of the Teaching and Higher Education Act 1998 M1:
Citation, commencement, extent and application1
1
These Regulations may be cited as the Education (Postgraduate Master's Degree Loans) Regulations 2016 and come into force on 16th June 2016.
2
Subject to F10paragraph (4), these Regulations apply in relation to England only.
F113
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
5
These Regulations apply in relation to the provision of a loan to students in relation to a postgraduate master's degree course which begins on or after 1st August 2016 whether anything done under these Regulations is done before, on or after 1st August 2016.
PART 1
CHAPTER 1
Interpretation2
1
For the purposes of Part 1—
“the 1998 Act” means the Teaching and Higher Education Act 1998;
F27“the 2017 Act” means the Higher Education and Research Act 2017;
“academic authority” means, in relation to an institution, the governing body or other body having the functions of a governing body and includes a person acting with the authority of that body;
“academic year” means the period of twelve months beginning on 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 that academic year begins on or after 1st January and before 1st April, on or after 1st April and before 1st July, on or after 1st July and before 1st August or on or after 1st August and on or before 31st December, respectively;
“authority-funded” means—
- a
F28...
- b
in relation to educational institutions in Wales, maintained or assisted by recurrent grants from the Higher Education Funding Council for Wales;
- c
in relation to educational institutions in Scotland, maintained or assisted by recurrent grants from the Scottish Funding Council; and
- d
in relation to educational institutions in Northern Ireland, maintained or assisted by recurrent grants from the Department for the Economy in Northern Ireland or the Department of Agriculture, Environment and Rural Affairs in Northern Ireland;
- a
“course” means a taught programme of study, a programme of research, or a combination of both, and which may include one or more periods of work experience, and which leads, on successful completion, to the award of a postgraduate master's degree;
“designated course” means a course designated under regulation 4 or by the Secretary of State under regulation 4(6);
“Directive 2004/38” means Directive 2004/38 of the European Parliament and of the Council of 29th April 2004 M2 on the rights of citizens of the Union and their family members to move and reside freely in the territory of the Member States;
“distance learning course” means a course on which a student undertaking the course is not required to be in attendance by the institution providing the course, where “required to be in attendance” is not satisfied by a requirement imposed by the institution to attend any institution—
- a
for the purposes of registration or enrolment or any examination;
- b
on a weekend or during any vacation; or
- c
on an occasional basis during the week;
- a
“electronic signature” is so much of anything in electronic form as—
- a
is incorporated into or otherwise logically associated with any electronic communication or electronic data; and
- b
purports to be so incorporated or associated for the purpose of being used in establishing the authenticity of the communication or data, the integrity of the communication or data, or both;
- a
“eligible prisoner” means a prisoner—
- a
who begins a designated course on or after 1st August 2017;
- b
who is serving a sentence of imprisonment in the United Kingdom;
- c
has been authorised by the prison Governor or Director or other appropriate authority to study the designated course; and
- d
whose earliest release date is within 4 years of the first day of the first academic year of the designated course.
- a
“eligible student” has the meaning given in regulation 3;
F29“English higher education provider” has the meaning given by section 83(1) of the 2017 Act;
“equivalent or higher qualification” means a qualification determined in accordance with paragraph (2) to be an equivalent or higher qualification;
“EU national” means a national of a Member State of the EU;
“fees” has the meaning given in F30section 85(2) of the 2017 Act;
“full-time equivalent” means a full-time course leading to a postgraduate master's degree in the same subject as the part-time course in question;
“healthcare bursary” means a bursary or award of similar description under section 63 of the Health Services and Public Health Act 1968 M3 or Article 44 of the Health and Personal Social Services (Northern Ireland) Order 1972 M4;
“information” includes documents;
F31 “institution” in relation to England includes an English higher education provider;
“Islands” means the Channel Islands and the Isle of Man;
F47“Northern Irish designated master’s degree course” has the meaning given in paragraph (1A);
F32“OfS” means the Office for Students, as established by section 1(1) of the 2017 Act;
“period of eligibility” has the meaning given in regulation 5 in relation to an eligible student;
“periods of work experience” means—
- a
periods of industrial, professional or commercial experience associated with the designated course at an institution, but at a place outside that institution;
- b
periods during which a student is employed and residing in a country whose language is one that the student is studying for that student's designated course (provided that the period of residence in that country is a requirement of that student's course and the study of one or more modern languages accounts for not less than one half of the total time spent studying on the course);
- a
F46“person granted Calais leave” means a person who—
- a
has extant leave to remain in the United Kingdom under paragraph 352J, 352K, 352L or 352T (Calais leave and “leave in line” granted by virtue of being a dependent child of a person granted Calais leave) of the immigration rules, as defined in section 33(1) of the Immigration Act 1971; and
- b
has been ordinarily resident in the United Kingdom and Islands since the person was first granted such leave;
- a
“person granted humanitarian protection” means a person—
- a
who, on the grounds of humanitarian protection, has been granted leave to remain under the immigration rules as defined in section 33(1) of the Immigration Act 1971 M5;
- b
whose leave to remain is extant, or in respect of whose leave to remain an appeal is pending (within section 104 of the Nationality, Immigration and Asylum Act 2002 M6; and
- c
who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave to remain;
- a
F73“person granted indefinite leave to remain as a bereaved partner” means a person—
- a
granted indefinite leave to remain in the United Kingdom under any of the following provisions of the immigration rules, as defined in section 33(1) of the Immigration Act 1971—
- i
paragraph 288, as a person in relation to whom the requirements in paragraph 287(b) of those rules are met (bereaved partners);
- ii
paragraph 295N, as a person in relation to whom the requirements in paragraph 295M of those rules are met (bereaved partners);
- iii
paragraph D-BPILR.1.1 of Appendix FM (bereaved partners); or
- iv
paragraph 36 of Appendix Armed Forces (bereaved partner of a member of HM Forces); and
- i
- b
who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave;
- a
F45“person granted indefinite leave to remain as a victim of domestic violence or domestic abuse” means a person—
- a
granted indefinite leave to remain in the United Kingdom under any of the following provisions of the immigration rules, as defined in section 33(1) of the Immigration Act 1971—
- i
paragraph 289B (victims of domestic violence);
- ii
paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse); or
- iii
paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces); and
- i
- b
who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave;
- a
F33“person granted section 67 leave” means a person who—
- a
has extant leave to remain as a person granted leave under paragraph 352ZG of the immigration rules, having been relocated to the United Kingdom pursuant to arrangements made by the Secretary of State under section 67 of the Immigration Act 2016, or a dependent child of such a person who has been granted “leave in line” under paragraph 352ZO of those rules; and
- b
has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course;
- a
F15“person granted stateless leave” means a person who—
- a
has extant leave to remain as a stateless person under the immigration rules (within the meaning given in section 33(1) of the Immigration Act 1971); and
- b
has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave.
- a
“postgraduate master's degree loan” F23means a loan made by the Secretary of State pursuant to these Regulations, and includes the interest accrued on the loan, and any penalties or charges incurred in connection with it, except for any interest, penalties or charges payable under Part 3 or 4 of the Education (Student Loans) (Repayment) Regulations 2009;
“prisoner” includes a person detained in a young offender institution;
“private institution” means an institution which is not publicly funded;
“public funds” means moneys provided by Parliament or by a government authority outside the United Kingdom;
“publicly funded”, unless otherwise indicated, means maintained or assisted by recurrent grants out of public funds and related expressions are to be interpreted accordingly;
“refugee” means a person who is recognised by Her Majesty's government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28th July 1951 M7 as extended by the Protocol thereto which entered into force on 4th October 1967 M8;
F34“register” means the register established and maintained by the OfS under section 3 of the 2017 Act;
F35“ registered provider” in relation to an institution means an English higher education provider which is registered in the register and “unregistered provider” is to be construed accordingly;
F87...
F48“Scottish designated master’s degree course” has the meaning given in paragraph (1A);
“student loans legislation” means the student support regulations, the Education (Student Loans) Act 1990 M9, the Education (Student Loans) (Northern Ireland) Order 1990 M10, the Education (Scotland) Act 1980 M11 and regulations made under those Acts or that Order, the Education (Student Support) (Northern Ireland) Order 1998 M12 and regulations made under that Order or the 1998 Act and regulations made under that Act;
“student support regulations” means the Education (Student Support) Regulations 2011 M13;
“Turkish worker” means a Turkish national who—
- a
is ordinarily resident in the United Kingdom and Islands; and
- b
is, or has been, lawfully employed in the United Kingdom;
- a
F49“Welsh designated master’s degree course” has the meaning given in paragraph (1A).
F441A
In these Regulations—
“Northern Irish designated master’s degree course” means a postgraduate master’s degree course substantially provided in Northern Ireland and designated under regulation 152(8) of the Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 for the purposes of regulation 149 of those Regulations and Article 3 of the Education (Student Support) (Northern Ireland) Order 1998;
“Scottish designated master’s degree course” means a postgraduate master’s degree course substantially provided in Scotland—
- a
determined as designated under regulation 4(9) of the Education (Student Loans) (Scotland) Regulations 2007 for the purposes of regulation 3(2) of those Regulations;
- b
designated under regulation 152(8) of the Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 for the purposes of regulation 149 of those Regulations and Article 3 of the Education (Student Support) (Northern Ireland) Order 1998; and
- c
either—
- i
designated under regulation 4(6) of the Education (Postgraduate Master’s Degree Loans) (Wales) Regulations 2017 for the purposes of regulation 3 of those Regulations and section 22 of the 1998 Act; or
- ii
specified to be treated as a designated course under regulation 8(1) of the Education (Student Support) (Postgraduate Master’s Degrees) (Wales) Regulations 2019, for the purposes of those Regulations;
- i
- a
“Welsh designated master’s degree course” means a postgraduate master’s degree course substantially provided in Wales—
- a
designated under regulation 4(6) of the Education (Postgraduate Master’s Degree Loans) (Wales) Regulations 2017 for the purposes of regulation 3 of those Regulations and section 22 of the 1998 Act; or
- b
specified to be treated as a designated course under regulation 8(1) of the Education (Student Support) (Postgraduate Master’s Degrees) (Wales) Regulations 2019, for the purposes of those Regulations.
- a
1B
For the purposes of paragraph (1A)—
a
a course is substantially provided in Northern Ireland if at least half of the teaching and supervision which comprise the course is provided in Northern Ireland;
b
a course is substantially provided in Scotland if at least half of the teaching and supervision which comprise the course is provided in Scotland;
c
a course is substantially provided in Wales if at least half of the teaching and supervision which comprise the course is provided in Wales.
2
The Secretary of State may determine that a qualification is an equivalent or higher qualification if—
a
an eligible student holds a higher education qualification from any institution whether or not in the United Kingdom; and
b
the qualification referred to in sub-paragraph (a) is a postgraduate master's degree from an institution in the United Kingdom or is of an academic level which, in the opinion of the Secretary of State, is equivalent to or higher than a qualification to which the designated course leads.
CHAPTER 2
Eligible students3
1
An eligible student qualifies for a postgraduate master's degree loan in connection with a designated course subject to and in accordance with these Regulations.
2
Subject to paragraphs (3) to (7), a person is an eligible student in connection with a designated course if in assessing that person's application for a postgraduate master's degree loan the Secretary of State determines that the person falls within one of the categories set out in Part 2 of Schedule 1.
3
A person (“A”) is not an eligible student if—
F51za
A is excused from undertaking any part of the course due to—
i
A’s previous experience;
ii
A having taken a module or other unit of work of another course; or
iii
A having been awarded a credit, credit point or equivalent measurement of study in respect of any part of another course;
a
A has reached the age of 60 on the first day of the academic year in which the designated course starts;
b
A is in breach of any obligation to repay any loan;
c
A has reached the age of 18 and has not ratified any agreement for a loan made with A when A was under the age of 18;
d
A has, in the opinion of the Secretary of State, shown by A's conduct that A is unfitted to receive a postgraduate master's degree loan;
e
A is a prisoner, unless A is an eligible prisoner;
F24f
A is enrolled on a course which is a designated course under regulation 5 (designated courses) or 139 (designated part-time courses) of the student support regulations or under regulation 4 (designated courses) of the Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 2018, and is receiving support under either set of regulations for that course;
g
A has already obtained an equivalent or higher qualification;
h
A is already enrolled on a designated course and is in receipt of a postgraduate master's degree loan under these Regulations for that course;
i
Subject to paragraph (7), A has previously received a postgraduate master's degree loan under these Regulations; F5...
F52j
A is, in connection with the course—
i
eligible to apply for a healthcare bursary;
ii
eligible to apply for any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 2007; or
iii
in receipt of any allowance, bursary or award of a similar description made under section 67(4)(a) of the Care Standards Act 2000, or under section 46 of the Children and Social Work Act 2017, which includes payment for meeting additional expenditure incurred by A by reason of A’s disability, save to the extent that A is in receipt of such an allowance, bursary or award in respect of travel expenses; or
F53k
subject to paragraph (7), A has previously received—
i
a loan other than under these Regulations in respect of a course, where that loan was paid out of funds provided by a government authority within the United Kingdom; or
ii
a grant under regulation 33(1) of the Education (Student Support) (Postgraduate Master’s Degrees) (Wales) Regulations 2019 (basic grant or contribution to costs grant).
F503A
Paragraph (3)(za) does not apply where—
a
A was so excused as a result of transferring to the course from a designated course; and
b
the Secretary of State considers A being so excused to be reasonable in the circumstances.
4
Where the eligible student is undertaking a designated course which is a distance learning course, the student does not qualify for support in respect of that course unless the Secretary of State considers that the student is undertaking the course in England on the first day of F17the first academic year of the course, whether the course is a designated course at that date or is designated on a later date during the academic year.
F164A
For the purposes of paragraph (4), a person (“A”) is to be treated as being ordinarily resident in England for any period during which A would have been so resident but for the fact that—
a
A,
b
A’s spouse or civil partner,
F25c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
in the case of a dependent direct relative in the ascending line, A’s child or child’s spouse or civil partner,
is or was temporarily employed in Wales, Scotland or Northern Ireland as a member of the regular naval, military or air forces of the Crown.
5
An eligible student ceases to be eligible for a postgraduate master's degree loan in respect of a distance learning course, if the Secretary of State considers that the student is undertaking the course outside the United Kingdom notwithstanding whether that student has previously been considered by the Secretary of State to be undertaking their course within the United Kingdom.
F65A
Paragraphs (4) and (5) do not apply to a person who is treated as ordinarily resident in the United Kingdom by virtue of paragraph 1(5) of Schedule 1 on the basis of temporary employment falling within paragraph 1(6)(a) of Schedule 1.
6
For the purposes of paragraphs (3)(b) and (3)(c), “loan” means a loan made under any provision of the student loans legislation.
F77
The Secretary of State may deem a person described in paragraph (3)(i) or (3)(k) to be an eligible student where the Secretary of State is of the view that the person had not been able to complete the course to which the previous loan related due to compelling personal reasons.
8
The Secretary of State may only exercise his discretion to award a subsequent postgraduate master's degree loan to a particular person under paragraph (7) once in respect of a particular student.
Designated courses4
1
Subject to paragraphs (5) and (6), a course is a designated course for the purposes of section 22(1) of the 1998 Act and regulation 3 if it is—
a
a F58full postgraduate master's degree course which falls within paragraph (2);
F37b
one of the following—
i
wholly provided by a registered provider, or provided by a registered or unregistered provider on behalf of a registered provider in England;
ii
wholly provided by an authority-funded institution in Scotland, Northern Ireland or Wales;
iii
provided by a registered provider on behalf of an authority-funded institution in Scotland, Northern Ireland or Wales;
iv
provided by an institution situated in Scotland, Northern Ireland or Wales on behalf of a registered provider in England, or by a publicly funded institution situated in Scotland, Northern Ireland or Wales on behalf of an authority-funded institution in Scotland, Northern Ireland or Wales;
v
provided by a registered provider in England in conjunction with an institution which is situated outside the United Kingdom; or
vi
provided by an authority-funded institution in Scotland, Northern Ireland or Wales in conjunction with an institution which is situated outside the United Kingdom;
c
substantially provided in the United Kingdom; and
F541A
For the purposes of section 22 of the 1998 Act and regulation 3(1), a course is a designated course if it—
a
is a Northern Irish designated master’s degree course, a Scottish designated master’s degree course or a Welsh designated master’s degree course;
b
is a full postgraduate master’s degree course; and
c
falls within paragraph (2).
2
For the purpose of F56paragraphs (1)(a) and (1A), the postgraduate master's degree course must be one of the following—
a
a full-time course of one or two academic year's duration;
b
a part-time course which it is ordinarily possible to complete in no more than twice the period ordinarily required to complete its one or two academic year full-time equivalent; or
c
a part-time course that does not have a full-time equivalent and which it is ordinarily possible to complete in up to three academic years.
3
For the purposes of paragraph (1)(b) and (c)—
a
a course is provided by an institution if it provides the teaching and supervision which comprise the course, whether or not the institution has entered into an agreement with the student to provide the course;
b
a course is substantially provided in the United Kingdom where at least half of the teaching and supervision which comprise the course is provided in the United Kingdom;
c
a university and any constituent college or institution in the nature of a college of a university is to be regarded as authority-funded if either the university or the constituent college or institution is authority-funded;
d
an institution is not to be regarded as publicly funded or authority-funded by reason only that it receives public funds from the governing body of a higher education institution in accordance with section 65(3A) of the Further and Higher Education Act 1992 M15; and
e
a course is not to be regarded as provided on behalf of an authority-funded educational institution where a part of the course is provided by a private institution F39in Scotland, Northern Ireland or Wales, or by a private institution which is an unregistered provider in England.
4
The designated course may, but need not, be a distance learning course.
F554ZA
In paragraphs (1)(a) and (1A), “full postgraduate master’s degree course” means a course which, independent of a student’s previous experience or any module or other unit of work, credit, credit point or equivalent measurement of study taken or awarded in respect of another course, leads to a master’s degree.
F364A
A course is not a designated course if its designation has been revoked or is suspended under paragraph (7).
F265
A course cannot be a designated course for the purposes of regulation 3 if it is recognised as a designated course for the purposes of regulation 5 (designated courses) or 139 (designated part-time courses) of the student support regulations or regulation 4 (designated courses) of the Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 2018.
6
7
The Secretary of State may revoke or suspend the designation of a course which is designated under F40this regulation.
Period of eligibility5
1
A student's status as an eligible student is retained in connection with a designated course until the status terminates in accordance with this regulation or regulation 3.
2
The period for which an eligible student retains that status is the “period of eligibility”.
3
Subject to the following paragraphs and regulation 3, the period of eligibility terminates at the end of the academic year in which the student completes the designated course.
4
The period of eligibility terminates when—
a
the eligible student (“A”) withdraws from A's designated course in circumstances where the Secretary of State is not obliged under regulation 6 to transfer A's status as an eligible student to another course; or
b
A abandons or is expelled from A's designated course.
5
The Secretary of State may terminate the period of eligibility where A has shown by A's conduct that A is unfitted to receive a postgraduate master's degree loan.
6
If the Secretary of State is satisfied that an eligible student has failed to comply with any requirement to provide information under these Regulations or has provided information which is inaccurate in a material particular, the Secretary of State may take such of the following actions as the Secretary of State considers appropriate in the circumstances—
a
terminate the period of eligibility;
b
determine that the student no longer qualifies for a postgraduate master's degree loan;
c
treat any postgraduate master's degree loan paid to the student as an overpayment which may be recovered under regulation 17.
7
Where the period of eligibility terminates before the end of the academic year in which the student completes the designated course, the Secretary of State may, at any time, renew the period of eligibility for such period as the Secretary of State determines.
Transfer of status6
1
Where an eligible student “A” transfers to another course, the Secretary of State must transfer A's status as an eligible student to that course where—
a
he receives a request from the eligible student to do so;
b
he is satisfied that one or more of the grounds for transfer in paragraph (2) applies; and
c
the period of eligibility has not terminated.
2
The grounds for transfer are—
a
on the recommendation of the academic authority A ceases one designated course and starts to undertake another designated course at the same institution; or
b
A starts to undertake a designated course at another institution.
3
Where A transfers under paragraph (1), A is entitled to receive in connection with the academic year of the course to which A transfers the remainder of the postgraduate master's degree loan in accordance with regulation 13 and, where relevant, regulation 16, in respect of the academic year of the course from which A transfers.
Students becoming eligible in the course of an academic year7
Where one of the events listed in regulation 8 occurs during the currency of a student's course, a student may qualify for a postgraduate master's degree loan, provided the student complies with the application provisions set out in chapter 3 of Part 1.
Events8
The events are—
F61a
the student’s course becomes a designated course—
i
under regulation 4(6);
ii
by virtue of the course being provided by or on behalf of an English higher education provider which becomes a registered provider; or
iii
by virtue of the course becoming a Northern Irish designated master’s degree course, a Scottish designated master’s degree course or a Welsh designated master’s degree course;
b
the student or the student's spouse, civil partner or parent is recognised as a refugee or becomes F18a person granted stateless leave or a person granted humanitarian protection;
c
a state accedes to the EU where the student is a national of that state or a family member (as defined in Part 1 of Schedule 1) of a national of that state;
d
the student becomes a family member (as defined in Part 1 of Schedule 1) of an EU national F88or of a person who is eligible under paragraph 9 of Part 2 of Schedule 1 by virtue of paragraph 9(4) of Part 2 of that Schedule other than as a family member;
F89e
the student becomes a person described in paragraph 3(a) of Schedule 1;
f
the student becomes the child of a Turkish worker;
g
the student becomes a person described in paragraph 6(1)(a) of Schedule 1;
h
the student becomes the child of a Swiss national; F41...
i
F42j
the student becomes a person granted section 67 leave.
F59k
the student becomes a person granted indefinite leave to remain as a victim of domestic violence or domestic abuse; F74...
m
the student becomes a person granted indefinite leave to remain as a bereaved partner.
CHAPTER 3
Applications for a postgraduate master's degree loan9
1
Where a person (the “applicant”) applies for a postgraduate master's degree loan in connection with a designated course, the applicant must complete and submit to the Secretary of State an application in such form and accompanied by such documentation as the Secretary of State may require.
2
The Secretary of State may take such steps and make such inquiries as the Secretary of State considers necessary to determine whether the applicant is an eligible student.
3
The Secretary of State must notify the applicant of whether the applicant qualifies for a postgraduate master's degree loan.
Time limitsF1910
1
An application for a postgraduate master's degree loan, or an application to amend the amount of loan applied for, must reach the Secretary of State no later than the end of the ninth month of the final academic year of the course.
2
Paragraph (1) does not apply where the Secretary of State considers that having regard to the circumstances of the particular case the time limit is to be relaxed, in which case the application must reach the Secretary of State no later than such date as the Secretary of State specifies.
Requirement to enter into a contract for a postgraduate master's degree loan11
1
To receive a postgraduate master's degree loan a student must enter into a contract with the Secretary of State.
2
Where the Secretary of State requires a contract to be signed by a student, an electronic signature in such form as the Secretary of State may specify satisfies such a requirement.
CHAPTER 4
Amount of the postgraduate master's degree loan12
1
Subject to paragraph (2), a person may apply for a postgraduate master's degree loan of up to F76£11,570 towards the costs of undertaking a designated course.
2
An applicant whom the Secretary of State would consider to be an eligible prisoner may apply for a postgraduate master's degree loan to cover the whole or part of the fees of the designated course (but not towards other costs), but such postgraduate master's degree loan cannot be of more than F77£11,570.
3
An eligible student may apply to the Secretary of State to amend the amount of postgraduate master's degree loan for which the student has applied, provided that—
a
the maximum postgraduate master's degree loan amount set out in paragraphs (1) and (2) is not exceeded;
b
such application is made in accordance with F20regulation 10(1).
4
If the Secretary of State under regulation 9(2) has determined that the applicant is an eligible student, the Secretary of State must pay the amount the eligible student has applied for in accordance with regulation 13, provided that the amount applied for is in accordance with paragraphs (1) and (2).
Payment of postgraduate master's degree loans13
1
The Secretary of State may pay the postgraduate master's degree loan for which a student qualifies under this Part—
a
either as a lump sum or by instalments; and
b
at such times, and in such manner, as the Secretary of State considers appropriate.
2
The Secretary of State may make it a condition of entitlement to payment that the eligible student must provide the Secretary of State with particulars of a bank or building society account in the United Kingdom into which payments may be made by electronic transfer.
3
In the case of an eligible prisoner, the Secretary of State must pay the postgraduate master's degree loan for which an eligible prisoner qualifies to the institution to which the eligible prisoner is liable to make payment for the fees or to such third party that the Secretary of State considers appropriate for the purpose of ensuring the payment of the fees to the relevant institution.
F214
The Secretary of State must not, in any academic year, pay the whole or part of the postgraduate master's degree loan in respect of a particular student until the Secretary of State has received from the academic authority confirmation (in such form as may be required by the Secretary of State) in respect of that academic year that the student is in attendance or is undertaking the designated course.
F635
The academic authority must forthwith inform the Secretary of State and provide the Secretary of State with particulars if—
F78a
the student withdraws from or abandons their course;
aa
the student is expelled from their course;
ab
the student is absent from their course for more than 60 days due to illness;
ac
the student is suspended from their course (whether at the student’s request or not); or
b
the student is required to repeat a module or a similar unit of work.
Provision of United Kingdom national insurance number14
1
The Secretary of State may make it a condition of entitlement to payment of the whole or part of the postgraduate master's degree loan that the eligible student must provide the Secretary of State with the student's United Kingdom national insurance number.
2
Where the Secretary of State has imposed a condition under paragraph (1), the Secretary of State must not make payment of the whole or part of the postgraduate master's degree loan to the eligible student before the Secretary of State is satisfied that the student has complied with that condition.
3
Despite paragraph (2), the Secretary of State may make payment of the whole or part of the postgraduate master's degree loan to an eligible student if the Secretary of State is satisfied that owing to exceptional circumstances it would be appropriate to make such a payment without the eligible or qualifying student having complied with the condition imposed under paragraph (1).
Absence fromF64, or repetition of parts of, course15
F681
Subject to paragraphs (2) to (6), if the Secretary of State receives a notice under regulation 13(5)(a) or (b) or paragraph (2)(a) to (c) of Schedule 2 of an eligible student’s—
a
lack of attendance on the designated course; or
b
need to repeat a module or similar unit of work,
the Secretary of State may not make any further payment of the postgraduate master’s degree loan.
2
3
If the eligible student recommences the course the student must inform the Secretary of State and give full details of the length and cause of the preceding absence.
4
After considering the student's notification F3under paragraph (3), the Secretary of State must recommence further payments of the postgraduate master's loan under regulation 13 if, in the opinion of the Secretary of State, it would be appropriate in all the circumstances for such payment to be made.
F655
The academic authority must inform the Secretary of State if the eligible student—
a
completes the module or unit of work; or
b
is no longer required to complete the module or unit of work.
6
After considering the information given under paragraph (5), the Secretary of State must recommence further payments of the postgraduate master’s degree loan under regulation 13.
Effect of becoming, or ceasing to be, an eligible prisoner16
1
Paragraph (2) applies where an eligible student who is in receipt of a postgraduate master's degree loan becomes an eligible prisoner and continues to undertake a designated course.
2
The Secretary of State must—
a
adjust future payment of the postgraduate master's degree loan or future payments of instalments of the postgraduate master's degree loan, so that the total of the postgraduate master's degree loan awarded complies with the maximum postgraduate master's degree loan amount the student, as an eligible prisoner, is entitled to under regulation 12(2); and
b
pay any remaining sum of the postgraduate master's degree loan, or any future instalments of the postgraduate master's degree loan, in accordance with regulation 13(3).
3
Paragraphs (4) to (6) apply where an eligible prisoner who is in receipt of a postgraduate master's degree loan ceases to be an eligible prisoner and remains an eligible student, and continues to undertake a designated course.
4
The Secretary of State must pay the remaining sum or the postgraduate master's degree loan, or future instalments of the postgraduate master's degree loan, in accordance with regulation 13(1).
5
Where an eligible student (“A”) ceases to be an eligible prisoner and would have qualified for a higher amount of postgraduate master's degree loan had A not been an eligible prisoner when A's loan application was originally determined in accordance with these Regulations, A may apply for the amount of loan to be increased.
6
The maximum amount of the increase in A's postgraduate master's degree loan for which A may apply under paragraph (5) is the amount which is calculated by reference to the following formula—
where—
F equals the amount which A would have qualified for if A had not been an eligible prisoner;
R equals the amount which A qualifies for as an eligible prisoner;
T is the number of days of the course which remain when A ceases to be an eligible prisoner beginning with the day after the day on which A ceases to be an eligible prisoner; and
M is the total number of days of the duration of the course.
Overpayments of a postgraduate master's degree loan17
1
Any overpayment of a postgraduate master's degree loan is recoverable by the Secretary of State from—
a
the institution or third party which received the monies of the postgraduate master's degree loan where payment was made to such an institution or third party; or
b
the student who received the postgraduate master's degree loan.
2
A student must, if so required by the Secretary of State, repay any amount of the postgraduate master's degree loan paid in respect of a student which for whatever reason exceeds the amount of loan to which the student is entitled.
3
An overpayment of a postgraduate master's degree loan may be recovered from a student under paragraph (1)(b) in whichever one or more of the following ways the Secretary of State considers appropriate in all the circumstances—
a
by subtracting the overpayment from any amount of the postgraduate master's degree loan which remains to be paid;
b
by subtracting the overpayment from any kind of grant or loan payable to the student from time to time pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act;
c
by requiring the student to repay the postgraduate master's degree loan in accordance F22with regulations made under section 22 of the 1998 Act; or
d
by taking such other action for the recovery of an overpayment as is available to the Secretary of State.
CHAPTER 5
Information requirements18
1
Schedule 2 makes further provision about the supply of information by applicants and eligible students.
2
The Secretary of State may at any time request from an applicant or eligible student information that the Secretary of State considers is required to recover a postgraduate master's degree loan.
3
The Secretary of State may at any time require an applicant or eligible student to enter into an agreement to repay a postgraduate master's degree loan by a particular method.
4
The Secretary of State may at any time request from an applicant or eligible student sight of their valid national identity card, valid passport issued by the state of which they are a national or their birth certificate.
5
Where the Secretary of State has requested information under this regulation, the Secretary of State may withhold any payment of a postgraduate master's degree loan until the person provides what has been requested or provides a satisfactory explanation for not complying with the request.
6
Where the Secretary of State has required an agreement as to the method of repayment under this regulation, the Secretary of State may withhold any payment of a postgraduate master's degree loan until the person provides what has been required.
F8PART 2
Pt. 2 omitted (5.9.2017) by virtue of The Repayment of Student Loans and Postgraduate Masters Degree Loans (Amendment) Regulations 2017 (S.I. 2017/831), regs. 1(1), 41(3)
F8CHAPTER 1
InterpretationF819
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Service by post or electronic communicationF820
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8CHAPTER 2
InterpretationF821
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Functions of HMRCF822
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Officers of Revenue and CustomsF823
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Penalties in relation to Chapters 3 and 4 of this PartF824
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Interest and penaltiesF825
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Timing of repayments: generalF826
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Date of repaymentF827
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Direct debit repaymentF828
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CancellationF829
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
RefundsF830
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Interest rate on loansF831
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Information requestsF832
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Information noticesF833
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Penalties and Penalty NoticesF834
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Costs and expensesF835
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Alteration of relevant time limitsF836
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ForeclosureF837
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8CHAPTER 3
Repayments of postgraduate master's degree loans by persons required to submit a tax returnF838
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Time for and amount of repaymentsF839
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Personal returnF840
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Returns to include self-assessmentF841
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
RecordsF842
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Other returns and informationF843
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Assessment, claims and appealsF844
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PaymentF845
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Late payment penaltiesF846
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Collection and recoveryF847
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Persons chargeable in a representative capacityF848
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
InterestF849
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PenaltiesF850
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8CHAPTER 4
InterpretationF851
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Repayment of postgraduate master's degree loans by employeesF852
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Commencement of employment with a Real Time Information employerF853
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amount of repaymentsF854
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Calculation of earningsF855
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Earnings periodsF856
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Multiple employersF857
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Intermediate employersF858
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Notice to employersF859
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Deductions of repaymentsF860
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Priority where other deductions requiredF861
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Deductions working sheetF862
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Certificate of repaymentsF863
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Payment of repayments deducted to HMRCF864
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Payments to and recoveries from HMRC for each income tax period by Real Time Information employers: returns under regulation 75(5)F865
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Notice of specified amount and certificate when repayments not deductedF866
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Recovery of payments deducted through the income tax systemF867
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Interest on unpaid repaymentsF868
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Real time returns of information about payments of earningsF869
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Employees paid in specified circumstancesF870
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Benefits and expenses – returns under regulations 85 to 87 of the PAYE RegulationsF871
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Modification of the requirements of regulation 69: notional paymentsF872
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Relationship between regulation 69 and aggregation of earningsF873
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Exceptions to regulation 69F874
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Returns under regulations 69 and 74: amendmentsF875
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Failure to make a return under regulation 69 or 74F876
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Inspection of employers' recordsF877
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Powers to obtain informationF878
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Formal determination of repayments payable by employerF879
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Interest on unpaid repayments which have been formally determinedF880
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Death of employerF881
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Succession to a businessF882
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Payment by chequeF883
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Cessation of employmentF884
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PenaltiesF885
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Collection and recovery of penaltiesF886
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Application of the PAYE RegulationsF887
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8CHAPTER 5
InterpretationF888
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Notice of overseas residenceF889
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Notice of liability to make repaymentsF890
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Repayment by fixed instalmentsF891
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Repayment by income-related instalmentsF892
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Calculation of fixed instalment and applicable thresholdF893
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Application to cease repayment by instalmentsF894
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ForeclosureF895
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Costs and expenses of the AuthorityF896
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8CHAPTER 6
Effect of borrower insolvency on postgraduate master's degree loansF897
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 1ELIGIBLE STUDENTS
PART 1Interpretation
1
1
For the purposes of this Schedule—
F90“EEA EFTA separation agreement” has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;
“EEA frontier self-employed person” means an EEA national who—
- a
is a self-employed person in England; and
- b
resides in Switzerland or the territory of an EEA State F91... and returns to the national's residence in Switzerland or that EEA State, as the case may be, daily or at least once a week;
- a
“EEA frontier worker” means an EEA national who—
- a
is a worker in England; and
- b
resides in Switzerland or the territory of an EEA State F91... and returns to the national's residence in Switzerland or that EEA State, as the case may be, daily or at least once a week;
- a
“EEA migrant worker” means an EEA national who is a worker, other than an EEA frontier worker, in the United Kingdom;
“EEA national” means a national of an EEA State F91...;
“EEA self-employed person” means an EEA national who is a self-employed person, other than an EEA frontier self-employed person, in the United Kingdom;
“employed person” means an employed person within the meaning of Annex 1 to the Swiss Agreement;
“European Economic Area” means the area comprised by the EEA States; unless otherwise indicated, “family member” means—
- a
in relation to an EEA frontier worker, an EEA migrant worker, an EEA frontier self-employed person or an EEA self-employed person—
- i
that person's spouse or civil partner;
- ii
direct descendants of the person or of the person's spouse or civil partner who are—
- aa
under the age of 21, or
- bb
dependents of the person or the person's spouse or civil partner; or
- iii
dependent direct relatives in the ascending line of that person or that of the person's spouse or civil partner;
- i
- b
in relation to a Swiss employed person, a Swiss frontier employed person, a Swiss frontier self-employed person or a Swiss self-employed person—
- i
that person's spouse or civil partner; or
- ii
that person's child or the child of that person's spouse or civil partner;
- i
- c
in relation to an EU national who falls within article 7(1)(c) of Directive 2004/38 —
- i
that person's spouse or civil partner; or
- ii
direct descendants of the person or of the person's spouse or civil partner who are—
- aa
under the age of 21; or
- bb
dependants of the person or the person's spouse or civil partner;
- i
- d
in relation to an EU national who falls within article 7(1)(b) of Directive 2004/38—
- i
that person's spouse or civil partner;
- ii
direct descendants of the person or of the person's spouse or civil partner who are—
- aa
under the age of 21; or
- bb
dependants of the person or the person's spouse or civil partner; or
- iii
dependent direct relatives in the person's ascending line or that of the person's spouse or civil partner;
- i
- e
in relation to a United Kingdom national, for the purposes of paragraph 9—
- i
the person's spouse or civil partner; or
- ii
direct descendants of the person or the person's spouse or civil partner who are—
- aa
under the age of 21; or
- bb
dependants of the person or the person's spouse or civil partner;
- i
- a
F90“residence scheme immigration rules” has the meaning given by section 17(1) of the European Union (Withdrawal Agreement) Act 2020;
F90“right of permanent residence”, unless otherwise indicated, means, in relation to a person (“A”), a right to reside in the United Kingdom permanently without restriction which arises under residence scheme immigration rules, but only where, had the facts pertaining to the determination of A’s right to reside fallen to be considered immediately before IP completion day, A would have acquired such right under Directive 2004/38 as it had effect immediately before IP completion day;
“self-employed person” means—
- a
in relation to an EEA national, a person who is self-employed within the meaning of article 7 of Directive 2004/38 or the EEA Agreement, as the case may be; or
- b
in relation to a Swiss national, a person who is a self-employed person within the meaning of Annex 1 to the Swiss Agreement;
- a
“settled ”has the meaning given by section 33(2A) of the Immigration Act 1971 M17;
“Swiss Agreement” means the Agreement between the EU and its Member States, of the one part, and the Swiss Confederation, of the other, on the Free Movement of Persons signed at Luxembourg on 21st June 1999 M18 and which came into force on 1st June 2002;
F90“Swiss citizens’ rights agreement” has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;
“Swiss employed person” means a Swiss national who is an employed person, other than a Swiss frontier employed person, in the United Kingdom;
“Swiss frontier employed person” means a Swiss national who—
- a
is an employed person in England; and
- b
resides in Switzerland or in the territory of an EEA State F91... and returns to the national's residence in Switzerland or that EEA State, as the case may be, daily or at least once a week;
- a
“Swiss frontier self-employed person” means a Swiss national who—
- a
is a self-employed person in England; and
- b
resides in Switzerland or in the territory of an EEA StateF92... and returns to the national's residence in Switzerland or that EEA State, as the case may be, daily or at least once a week;
- a
“Swiss self-employed person” means a Swiss national who is a self-employed person, other than a Swiss frontier self-employed person, in the United Kingdom;
“worker” means a worker within the meaning of article 7 of Directive 2004/38 or the EEA Agreement as the case may be.
2
For the purposes of this Schedule, “parent” means a parent, guardian or any other person having parental responsibility and “child” is to be construed accordingly.
3
For the purposes of this Schedule, a person is not to be treated as ordinarily resident in a place unless that person lawfully resides in that place.
4
For the purposes of this Schedule, a person who is ordinarily resident in England, Wales, Scotland, Northern Ireland or the Islands, as a result of having moved from another of those areas for the purpose of undertaking—
a
the designated course; or
b
a course which, disregarding any intervening vacation, the person undertook immediately before undertaking the designated course,
is to be considered to be ordinarily resident in the place from which the person moved.
5
For the purposes of this Schedule, a person (“A”) is to be treated as ordinarily resident in England, the United Kingdom and Islands, the territory comprising F93the United Kingdom, Gibraltar, the European Economic Area and Switzerland or the territory comprising F93the United Kingdom, Gibraltar, the European Economic Area, Switzerland and Turkey if A would have been so resident but for the fact that—
a
A;
b
A's spouse or civil partner; or
c
in the case of a dependent direct relative in the ascending line, A's child or child's spouse or civil partner,
is or was temporarily employed outside the area in question.
6
For the purposes of sub-paragraph (5), temporary employment outside of England, the United Kingdom and Islands, the territory comprising F94the United Kingdom, Gibraltar, the European Economic Area and Switzerland or the territory comprising F94the United Kingdom, Gibraltar, the European Economic Area, Switzerland and Turkey includes—
a
in the case of members of the regular naval, military or air forces of the Crown, any period which they serve outside the United Kingdom as members of such forces; and
b
in the case of members of the regular armed forces of an EEA State or Switzerland, any period which they serve outside of the territory comprising F94the United Kingdom, Gibraltar, the European Economic Area and Switzerland as members of such forces; and
c
in the case of members of the regular armed forces of Turkey, any period which they serve outside of the territory comprising F94the United Kingdom, Gibraltar, the European Economic Area, Switzerland and Turkey as members of such forces.
7
For the purposes of this Schedule an area F95other than the United Kingdom or Gibraltar which —
a
was previously not part of the EU or the European Economic Area; but
b
at any time before or after these Regulations come into force has become part of one or other or both of these areas,
is to be considered to have always been a part of the European Economic Area.
8
For the purposes of this Schedule, an eligible prisoner is to be considered ordinarily resident in the part of the United Kingdom where the prisoner resided prior to sentencing.
PART 2Categories
Persons who are settled in the United Kingdom
F12
1
A person—
a
who on the first day of the first academic year of the course—
i
is settled in the United Kingdom other than by reason of having acquired the right of permanent residence;
ii
is ordinarily resident in England; and
iii
has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course; and
b
subject to sub-paragraph (2), whose residence in the United Kingdom and Islands has not during any part of the period referred to in sub-paragraph (a)(iii) been wholly or mainly for the purpose of receiving full-time education.
2
Paragraph (b) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the United Kingdom and Islands in accordance with paragraph 1(5).
3
A person who—
F96a
meets one of the following conditions—
i
the person is settled in the United Kingdom by virtue of having acquired the right of permanent residence; or
ii
the person falls within Article 18(2) or (3) of the EU withdrawal agreement, Article 17(2) or (3) of the EEA EFTA separation agreement, or Article 16(2) or (3) of the Swiss citizens’ rights agreement, but only where that person would have acquired the right to reside permanently in the United Kingdom without restriction under Directive 2004/38 as it had effect immediately before IP completion day had the facts pertaining to that person’s right to reside fallen to be considered immediately before IP completion day;
b
is ordinarily resident in England on the first day of the first academic year of the course;
c
has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course; and
d
in a case where the person's ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising F97the United Kingdom, Gibraltar, the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (c).
Refugees and their family members
4
1
A person who—
a
is a refugee;
b
is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since the person was recognised as a refugee; and
c
is ordinarily resident in England on the first day of the first academic year of the course.
2
A person who—
a
is the spouse or civil partner of a refugee;
b
was the spouse or civil partner of the refugee on the date on which the refugee made the application for asylum;
c
is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and
d
is ordinarily resident in England on the first day of the first academic year of the course.
3
A person who—
a
is the child of a refugee or the child of the spouse or civil partner of a refugee;
b
on the date on which the refugee made the application for asylum, was the child of the refugee or the child of a person who was the spouse or civil partner of the refugee on that date;
c
was under 18 on the date on which the refugee made the application for asylum;
d
is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and
e
is ordinarily resident in England on the first day of the first academic year of the course.
F14Persons granted stateless leave and their family members
Sch. 1 para. 4A inserted (with application in accordance with reg. 1(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 14(3)
4A
F791
A person granted stateless leave, who is ordinarily resident in England on the first day of the first academic year of the course.
2
A person—
a
who—
i
is the spouse or civil partner of a person granted stateless leave; and
ii
on the leave application date, was the spouse or civil partner of a person granted stateless leave;
F80b
who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and
c
who is ordinarily resident in England on the first day of the first academic year of the course.
3
A person—
a
who—
i
is the child of a person granted stateless leave or the child of the spouse or civil partner of a person granted stateless leave; and
ii
on the leave application date, was the child of a person granted stateless leave or the child of a person who, on the leave application date, was the spouse or civil partner of a person granted stateless leave;
b
was under 18 on the leave application date;
F81c
who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and
d
who is ordinarily resident in England on the first day of the first academic year of the course.
4
In this paragraph, “leave application date” means the date on which the person granted stateless leave made an application to remain in the United Kingdom as a stateless person under the immigration rules (within the meaning given in section 33(1) of the Immigration Act 1971).
F71Persons granted section 67 leave
Sch. 1 para. 4B substituted (with application in accordance with reg. 1(3)(a)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/1203), regs. 1(2), 22(2)(d)
4B
A person granted section 67 leave, who is ordinarily resident in England on the first day of the first academic year of the course.
F43Persons granted indefinite leave to remain as a victim of domestic violence or domestic abuse
Sch. 1 para. 4C inserted (with application in accordance with reg. 1(3)(a) 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), 2(5)(c)
4C
A person—
a
granted indefinite leave to remain in the United Kingdom under any of the following provisions of the immigration rules, as defined in section 33(1) of the Immigration Act 1971—
i
paragraph 289B (victims of domestic violence);
ii
paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse); or
iii
paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces);
b
who has been ordinarily resident in the United Kingdom and the Islands since the person was granted such leave; and
c
who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.
F72Persons granted Calais leave
Sch. 1 para. 4D substituted (with application in accordance with reg. 1(3)(a)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/1203), regs. 1(2), 22(3)
4D
A person granted Calais leave, who is ordinarily resident in England on the first day of the first academic year of the course.
F70Persons granted indefinite leave to remain as a bereaved partner
Sch. 1 para. 4E inserted (with application in accordance with reg. 1(4)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/1203), regs. 1(2), 15(4)
4E
A person granted indefinite leave to remain as a bereaved partner, who is ordinarily resident in England on the first day of the first academic year of the course.
Persons granted humanitarian protection and their family members
5
F821
A person granted humanitarian protection, who is ordinarily resident in England on the first day of the first academic year of the course.
2
A person who—
a
is the spouse or civil partner of a person granted humanitarian protection;
b
was the spouse or civil partner of the person granted humanitarian protection on the date on which that person applied for asylum (the “asylum application date”);
F83c
who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and
d
who is ordinarily resident in England on the first day of the first academic year of the course.
3
A person who—
a
is the child of a person granted humanitarian protection or the child of the spouse or civil partner of a person granted humanitarian protection;
b
on the asylum application date, was the child of that person or the child of a person who was the spouse or civil partner of the person granted humanitarian protection on that date;
c
was under 18 on the asylum application date;
F84d
who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and
e
who is ordinarily resident in England on the first day of the first academic year of the course.
Workers, employed persons, self-employed persons and their family members
6
1
A person who—
a
is—
i
an EEA migrant worker or an EEA self-employed person;
ii
a Swiss employed person or a Swiss self-employed person;
iii
a family member of a person mentioned in paragraph (i) or (ii);
iv
an EEA frontier worker or an EEA frontier self-employed person;
v
a Swiss frontier employed person or a Swiss frontier self-employed person; or
vi
a family member of a person mentioned in paragraph (iv) or (v);
b
subject to sub-paragraph (2), is ordinarily resident in England on the first day of the first academic year of the course; and
c
has been ordinarily resident in the territory comprising F98the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course.
2
Paragraph (b) of sub-paragraph (1) does not apply where the person applying for support falls within paragraph (a)(iv), (v) or (vi) of sub-paragraph (1).
7
F991
A person who—
a
is ordinarily resident in England on the first day of the first academic year of the course;
b
has been ordinarily resident in the territory comprising F100the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and
c
is entitled to support by virtue of Article 12 of Council Regulation (EEC) No. 1612/68 on the freedom of movement of workers M19, as extended by the EEA Agreement.
F1012
Any description of person who would have been eligible under this paragraph immediately before IP completion day is to be eligible on and after IP completion day.
Persons who are settled in the United Kingdom and have exercised a right of residence elsewhere
8
1
A person who—
a
is settled in the United Kingdom;
b
was ordinarily resident in England and settled in the United Kingdom immediately before leaving the United Kingdom and who has exercised a right of residence F102before IP completion day;
c
is ordinarily resident in the United Kingdom on the day on which the first term of the first academic year actually begins;
d
has been ordinarily resident in the territory comprising F103the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and
e
in a case where the person's ordinary residence referred to in paragraph (d) was wholly or mainly for the purposes of receiving full-time education, was ordinarily resident in the territory comprising F103the United Kingdom, Gibraltar, the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (d).
2
For the purposes of this paragraph, a person has exercised a right of residence if that person is a United Kingdom national, a family member of a United Kingdom national for the purposes of Article 7 of Directive 2004/38 (or corresponding purposes under the EEA Agreement or Swiss Agreement) or a person who F104had the right of permanent residence who in each case has exercised a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA Agreement or Swiss Agreement in a state other than the United Kingdom or, in the case of a person who is settled in the United Kingdom and F104had the right of permanent residence, if the person F105has gone to the state within the territory comprising the European Economic Area and Switzerland of which the person is a national or of which the person in relation to whom the person is a family member is a national.
F1063
For the purposes of sub-paragraph (2), a person had the right of permanent residence if they had a right which arose under Directive 2004/38 to reside permanently in the United Kingdom without restriction.
EU nationals
9
1
A person who—
a
is either—
i
an EU national on the first day of the first academic year of the course; or
ii
a family member of a such a person;
b
is attending or undertaking a designated course in England;
c
has been ordinarily resident in the territory comprising F107the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and
d
subject to sub-paragraph (2), whose ordinary residence in the territory comprising F108the United Kingdom, Gibraltar, the European Economic Area and Switzerland has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.
2
3
Where a state accedes to the EU after the first day of the first academic year of the course and a person is a national of that state or the family member of a national of that state, the requirement in paragraph (a) of sub-paragraph (1) to be an EU national on the first day of the first academic year of the course is treated as being satisfied.
F1104
Any description of person who would have been eligible under this paragraph immediately before IP completion day is to be eligible on and after IP completion day.
10
1
A person who—
a
is an EU national F111... on the first day of the first academic year of the course;
b
is ordinarily resident in England on the first day of the first academic year of the course;
c
has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the first academic year of the course; and
d
in a case where the person's ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving higher education, was ordinarily resident in the territory comprising F113the United Kingdom, Gibraltar, the European Economic Area and Switzerland immediately prior to the period of ordinary residence referred to in paragraph (c).
2
Where a state accedes to the EU after the first day of the first academic year of the course and a person is a national of that state, the requirement in paragraph (a) of sub-paragraph (1) to be an EU national F112... on the first day of the first academic year of the course is treated as being satisfied.
Children of Swiss nationals
11
F1141
A person who—
a
is the child of a Swiss national who is entitled to support in the United Kingdom by virtue of article 3(6) of Annex 1 to the Swiss Agreement;
b
is ordinarily resident in England on the first day of the first academic year of the course;
c
has been ordinarily resident in the territory comprising F115the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and
d
in a case where the person's ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising F116the United Kingdom, Gibraltar, the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (c).
F1172
Any description of person who would have been eligible under this paragraph immediately before IP completion day is to be eligible on and after IP completion day.
Children of Turkish workers
12
A person who—
a
is the child of a Turkish worker;
b
is ordinarily resident in England on the first day of the first academic year of the course; and
c
has been ordinarily resident in the territory comprising F118the United Kingdom, Gibraltar, the European Economic Area, Switzerland and Turkey throughout the three-year period preceding the first day of the first academic year of the course.
Long Residence
F213
1
A person—
a
who on the first day of the first academic year of the course either—
i
is under the age of 18 and has lived in the United Kingdom throughout the seven-year period preceding the first day of the first academic year of the course; or
ii
is aged 18 or above and, preceding the first day of the first academic year of the course, has lived in the United Kingdom throughout either—
aa
half their life; or
bb
a period of twenty years;
b
who is ordinarily resident in England;
c
who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course; and
d
subject to sub-paragraph (2), whose residence in the United Kingdom and Islands has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.
2
Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the United Kingdom and Islands in accordance with paragraph 1(5).
SCHEDULE 2INFORMATION
1
Every applicant and eligible student must, as soon as reasonably practicable after being requested to do so, provide the Secretary of State with such information as the Secretary of State considers the Secretary of State requires for the purposes of these Regulations.
2
F85An applicant or eligible student must forthwith inform the Secretary of State and provide the Secretary of State with particulars if any of the following occurs—
F86a
they withdraw from or abandon their course;
b
they are expelled from their course;
c
they transfer to another course (whether at the same institution or not);
d
they are absent from their course for more than 60 days due to illness;
e
they are suspended from their course (whether at their request or not);
f
they become, or cease to be, a prisoner or an eligible prisoner;
g
the month for the start or completion of their course changes;
h
their home or term-time address or telephone number changes.
3
Information provided to the Secretary of State pursuant to these Regulations must be in the format that the Secretary of State requires and, if the Secretary of State requires the information to be signed by the person providing it, an electronic signature in such form as the Secretary of State may specify satisfies such a requirement.
F9SCHEDULE 3REAL TIME RETURNS
Sch. 3 omitted (5.9.2017) by virtue of The Repayment of Student Loans and Postgraduate Masters Degree Loans (Amendment) Regulations 2017 (S.I. 2017/831), regs. 1(1), 41(3)
F9
F9Information about the employer and employee
F91
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F92
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F93
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F94
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F95
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1998 c.30. Section 22 was amended by the Learning and Skills Act 2000 (c.21), section 146 and Schedule 11, the Income Tax (Earnings and Pensions) Act 2003 (c.1), Schedule 6, the Finance Act 2003 (c.14), section 147 the Higher Education Act 2004 (c.8), sections 42 and 43 and Schedule 7 and the Apprentices, Skills, Children and Learning Act 2009 (c.22), section 257(1) and (2). See section 43(1) of the 1998 Act for the definition of “prescribed” and “regulations”.