The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 3) Regulations 2020

Amendments relating to persons granted indefinite leave to remain as bereaved partners

13.—(1) The 2011 Regulations are amended as follows.

(2) In regulation 2(1) (interpretation), after the definition of “person granted humanitarian protection” insert—

““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

(b)

who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave;”.

(3) In regulation 17 (events)—

(a) at the end of paragraph (j), omit “or”;

(b) after paragraph (k) insert—

“; or

(l) the student becomes a person granted indefinite leave to remain as a bereaved partner.”.

(4) In regulation 85 (students becoming eligible in the course of the year), in paragraph (2)—

(a) at the end of sub-paragraph (i), omit “or”;

(b) after sub-paragraph (j) insert—

“; or

(k) the student becomes a person granted indefinite leave to remain as a bereaved partner.”.

(5) In regulation 138 (part-time students becoming eligible for support under Part 11A during the course of the year), in paragraph (4)—

(a) at the end of sub-paragraph (k), omit “or”;

(b) after sub-paragraph (l) insert—

“; or

(m) the student becomes a person granted indefinite leave to remain as a bereaved partner.”.

(6) In regulation 138A (part-time students becoming eligible for support under Part 11B during the course of the year), in paragraph (2)—

(a) at the end of sub-paragraph (i), omit “or”;

(b) after sub-paragraph (j) insert—

“; or

(k) the student becomes a person granted indefinite leave to remain as a bereaved partner.”.

(7) In regulation 160 (postgraduate students becoming eligible in the course of an academic year), in paragraph (2)—

(a) at the end of sub-paragraph (i), omit “or”;

(b) after sub-paragraph (j) insert—

“; or

(k) the student becomes a person granted indefinite leave to remain as a bereaved partner.”.

(8) In Part 2 of Schedule 1 (eligible students: categories), after paragraph 4D(1) insert—

“Persons granted indefinite leave to remain as a bereaved partner

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.”.

(1)

Paragraph 4D of Schedule 1 was inserted by S.I. 2020/48.