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The Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2021

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EXPLANATORY NOTE

(This note is not part of the Regulations)

This instrument amends the Education (Student Support) Regulations 2011.

The amendments made by regulations 3 to 6 and 7(b) ensure that the Regulations fully reflect the requirements of the EU Withdrawal Agreement (and the EEA EFTA Separation Agreement and Swiss Citizens’ Rights Agreement) as they relate to the rights of those making late applications to the EU Settlement Scheme (EUSS) and to joining family members who have yet to apply to the EUSS and are still within the deadline for doing so.

The amendments made by regulation 7(a) and (c) have the effect that persons who come to England from the Isle of Man and the Channel Islands for the purpose of study are not eligible for student support. Regulation 7(a) also amends the date on which persons who have spent part of the last 3 years in Ireland must be settled in the UK to the day on which the first term of the first academic year actually begins.

The amendments made by regulation 8 make Irish citizens living in the EEA or Switzerland at the end of the transition period eligible for student support if starting courses in England on or before 31 December 2027.

The instrument makes corresponding amendments to—

The Education (Fees and Awards) (England) Regulations 2007;

The Education (Student Support) (European University Institute) Regulations 2010;

The Further Education Loans Regulations 2012;

The Education (Postgraduate Master’s Degree Loans) Regulations 2016;

The Higher Education (Fee Limit Condition) (England) Regulations 2017;

The Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 2018.

An impact assessment has not been published as no substantial impact on the private or voluntary sector is anticipated.

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