This Statutory Instrument has been made in part to correct errors made in S.I. 2021/1348 and is being issued free of charge to all known recipients of that Statutory Instrument.

2022 No. 57

Education, England

The Education (Student Fees, Awards and Support) (Amendment) Regulations 2022

Made20th January 2022

Laid before Parliament24th January 2022

Coming into force15th February 2022

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 1 and 2 of the Education (Fees and Awards) Act 19831, sections 22 and 42(6) of the Teaching and Higher Education Act 19982 and sections 10(4)(b) and 119(5) of the Higher Education and Research Act 20173.

PART 1Introductory

Citation, commencement, extent and application1.

(1)

These Regulations may be cited as the Education (Student Fees, Awards and Support) (Amendment) Regulations 2022 and come into force on 15th February 2022.

(2)

These Regulations extend to England and Wales.

(3)

The amendments made by regulations 3 to 12, 16, 18, 20, 23, 26 and 28 apply in relation to the provision of support to a student in relation to a course which begins on or after 1st August 2022, whether or not anything done under these Regulations is done before, on, or after that date.

PART 2Amendment of the Education (Student Support) Regulations 2011

CHAPTER 1Introductory

Amendment of the Education (Student Support) Regulations 20112.

The Education (Student Support) Regulations 20114 are amended as follows.

CHAPTER 2Relocated Afghan citizens

Eligibility of relocated Afghan citizens

3.

In regulation 2(1)—

(a)

after the definition of “person granted indefinite leave to remain as a victim of domestic violence or domestic abuse”5, insert—

““person granted leave under one of the Afghan Schemes” means a person granted leave under the Afghan Citizens Resettlement Scheme or a person granted leave under the Afghan Relocations and Assistance Policy Scheme;
“person granted leave under the Afghan Citizens Resettlement Scheme” means a person—
(a)
who has—
(i)
indefinite leave to enter or remain in the United Kingdom, outside the immigration rules as defined in section 33(1) of the Immigration Act 19716, on the basis of the Afghan Citizens Resettlement Scheme; or
(ii)
indefinite leave to enter or remain in the United Kingdom, outside those rules, as the spouse, civil partner or dependent child of such a person, or dependent child of the spouse or civil partner; and
(b)
who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;”.

(b)

in the definition of “person granted leave under the Afghan Relocations and Assistance Scheme”7—

(i)

in the opening words and in paragraph (a)(ii) and (iii), after “Assistance” insert “Policy”;

(ii)

in paragraph (a)(i) for “276BB1(iv)” substitute “276BB1(iii)(a)”;

(iii)

in paragraph (a)(iv) for “276BJ1 or 276BO1” substitute “276BJ2 or 276BO2”.

4.

In regulation 4(13C)8, in the opening words of sub-paragraph (a) and in sub-paragraph (b), for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.

5.

In regulation 17(n)9 for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.

6.

In regulation 85(2)(m)10 for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.

7.

In regulation 137(11C)11, in the opening words of sub-paragraph (a) and in sub-paragraph (b), for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.

8.

In regulation 138(4)(o)12 for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.

9.

In regulation 138A(2)(m)13 for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.

10.

In regulation 159(16C)14, in the opening words of sub-paragraph (a) and in sub-paragraph (b), for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.

11.

In regulation 160(2)(m)15 for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.

12.

In Schedule 1, in paragraph 14 and in the heading to that paragraph, for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.

CHAPTER 3Overpayments

Recovery of fee loans

13.

In regulation 11716, after paragraph (1A), insert—

“(1B)
An academic authority must, if so required by the Secretary of State, repay any amount of a fee loan paid to the academic authority in respect of a student which for whatever reason exceeds the amount of a fee loan to which the student is entitled.”.

14.

In regulation 15717, after paragraph (1A), insert—

“(1B)
An academic authority must, if so required by the Secretary of State, repay any amount of a fee loan paid to the academic authority in respect of a student which for whatever reason exceeds the amount of a fee loan to which the student is entitled.”.

PART 3Corresponding amendments to other Regulations

CHAPTER 1Amendment of the Education (Fees and Awards) (England) Regulations 2007

SECTION 1Introductory

Amendment of the Education (Fees and Awards) (England) Regulations 200715.

The Education (Fees and Awards) (England) Regulations 200718 are amended as follows.

SECTION 2Relocated Afghan citizens

Relocated Afghan citizens: fees and awards16.

In Schedule 119—

(a)

in paragraph 1(1)—

(i)

after the definition of “person granted humanitarian protection”20, insert—

““person granted leave under one of the Afghan Schemes” means a person granted leave under the Afghan Citizens Resettlement Scheme or a person granted leave under the Afghan Relocations and Assistance Policy Scheme;
“person granted leave under the Afghan Citizens Resettlement Scheme” means a person—
(a)
who has—
(i)
indefinite leave to enter or remain in the United Kingdom, outside the immigration rules as defined in section 33(1) of the Immigration Act 1971, on the basis of the Afghan Citizens Resettlement Scheme; or
(ii)
indefinite leave to enter or remain in the United Kingdom, outside those rules, as the spouse, civil partner or dependent child of such a person, or dependent child of the spouse or civil partner; and
(b)
who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;”.

(ii)

in the definition of “person granted leave under the Afghan Relocations and Assistance Scheme”—

(aa)

in the opening words and in paragraph (a)(ii) and (iii) after “Assistance” insert “Policy”;

(bb)

in paragraph (a)(i) for “276BB1(iv)” substitute “276BB1(iii)(a)”;

(cc)

in paragraph (a)(iv) for “276BJ1 or 276BO1” substitute “276BJ2 or 276BO2”;

(b)

in paragraph 5A and the heading to that paragraph, for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.

CHAPTER 2Amendment of the Education (Student Support) (European University Institute) Regulations 2010

SECTION 1Introductory

Amendment of the Education (Student Support) (European University Institute) Regulations 201017.

The Education (Student Support) (European University Institute) Regulations 201021 are amended as follows.

SECTION 2Relocated Afghan citizens

Eligibility of relocated Afghan citizens18.

(1)

In regulation 9(11C)22, in the opening words of sub-paragraph (a), and in sub-paragraph (b), for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes, as that expression is defined in paragraph 1(1) of Schedule 1”.

(2)

In Schedule 1—

(a)

in paragraph 1(1)—

(i)

after the definition of “Member State”, insert—

““person granted leave under one of the Afghan Schemes” means a person granted leave under the Afghan Citizens Resettlement Scheme or a person granted leave under the Afghan Relocations and Assistance Policy Scheme;
“person granted leave under the Afghan Citizens Resettlement Scheme” means a person—
(a)
who has—
(i)
indefinite leave to enter or remain in the United Kingdom, outside the immigration rules as defined in section 33(1) of the Immigration Act 1971, on the basis of the Afghan Citizens Resettlement Scheme; or
(ii)
indefinite leave to enter or remain in the United Kingdom, outside those rules, as the spouse, civil partner or dependent child of such a person, or dependent child of the spouse or civil partner; and
(b)
who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;”.

(ii)

in the definition of “person granted leave under the Afghan Relocations and Assistance Scheme”—

(aa)

in the opening words and in paragraph (a)(ii) and (iii) after “Assistance” insert “Policy”;

(bb)

in paragraph (a)(i) for “276BB1(iv)” substitute “276BB1(iii)(a)”;

(cc)

in paragraph (a)(iv) for “276BJ1 or 276BO1” substitute “276BJ2 or 276BO2”;

(b)

in paragraph 5A and the heading to that paragraph, for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.

CHAPTER 3Amendment of the Further Education Loans Regulations 2012

SECTION 1Introductory

Amendment of the Further Education Loans Regulations 201219.

The Further Education Loans Regulations 201223 are amended as follows.

SECTION 2Relocated Afghan citizens

Eligibility of relocated Afghan citizens: further education loans20.

(1)

In regulation 2(1)24—

(a)

after the definition of “person granted indefinite leave to remain as a victim of domestic violence or domestic abuse”25, insert—

““person granted leave under one of the Afghan Schemes” means a person granted leave under the Afghan Citizens Resettlement Scheme or a person granted leave under the Afghan Relocations and Assistance Policy Scheme;
“person granted leave under the Afghan Citizens Resettlement Scheme” means a person—
(a)
who has—
(i)
indefinite leave to enter or remain in the United Kingdom, outside the immigration rules as defined in section 33(1) of the Immigration Act 1971, on the basis of the Afghan Citizens Resettlement Scheme; or
(ii)
indefinite leave to enter or remain in the United Kingdom, outside those rules, as the spouse, civil partner or dependent child of such a person, or dependent child of the spouse or civil partner; and
(b)
who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;”.

(b)

in the definition of “person granted leave under the Afghan Relocations and Assistance Scheme”—

(i)

in the opening words and in paragraph (a)(ii) and (iii) after “Assistance” insert “Policy”;

(ii)

in paragraph (a)(i) for “276BB1(iv)” substitute “276BB1(iii)(a)”;

(iii)

in paragraph (a)(iv) for “276BJ1 or 276BO1” substitute “276BJ2 or 276BO2”.

(2)

In regulation 3(8A)(a) and (b), for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.

(3)

In regulation 7(m) for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.

(4)

In paragraph 5A of Schedule 1 and in the heading to that paragraph, for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.

SECTION 3Overpayments

Recovery of fee loans21.

In regulation 24, after paragraph (1) insert—

“(1A)
A student must, if so required by the Secretary of State, repay any amount of a fee loan paid in respect of the student which for whatever reason exceeds the amount of a fee loan to which the student is entitled.
(1B)
An institution must, if so required by the Secretary of State, repay any amount of a fee loan paid to the institution in respect of a student which for whatever reason exceeds the amount of a fee loan to which the student is entitled.”.

CHAPTER 4Amendment of the Education (Postgraduate Master’s Degree Loans) Regulations 2016

SECTION 1Introductory

Amendment of the Education (Postgraduate Master’s Degree Loans) Regulations 201622.

The Education (Postgraduate Master’s Degree Loans) Regulations 201626 are amended as follows.

SECTION 2Relocated Afghan citizens

Eligibility of relocated Afghan citizens: Master’s degrees23.

(1)

In regulation 2(1)27—

(a)

after the definition of “person granted indefinite leave to remain as a victim of domestic violence or domestic abuse”28, insert—

““person granted leave under one of the Afghan Schemes” means a person granted leave under the Afghan Citizens Resettlement Scheme or a person granted leave under the Afghan Relocations and Assistance Policy Scheme;
“person granted leave under the Afghan Citizens Resettlement Scheme” means a person—
(a)
who has—
(i)
indefinite leave to enter or remain in the United Kingdom, outside the immigration rules as defined in section 33(1) of the Immigration Act 1971, on the basis of the Afghan Citizens Resettlement Scheme; or
(ii)
indefinite leave to enter or remain in the United Kingdom, outside those rules, as the spouse, civil partner or dependent child of such a person, or dependent child of the spouse or civil partner; and
(b)
who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;”.

(b)

in the definition of “person granted leave under the Afghan Relocations and Assistance Scheme”—

(i)

in the opening words and in paragraph (a)(ii) and (iii) after “Assistance” insert “Policy”;

(ii)

in paragraph (a)(i) for “276BB1(iv)” substitute “276BB1(iii)(a)”;

(iii)

in paragraph (a)(iv) for “276BJ1 or 276BO1” substitute “276BJ2 or 276BO2”.

(2)

In regulation 8(n) for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.

(3)

In paragraph 5A of Schedule 1 and in the heading to that paragraph, for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.

SECTION 3Overpayments

Recovery of postgraduate master’s degree loans24.

In regulation 17, after paragraph (2), insert—

“(2A)
An institution or third party must, if so required by the Secretary of State, repay any amount of a postgraduate master’s degree loan paid to the institution or third party in respect of a student which for whatever reason exceeds the amount of loan to which the student is entitled.”.

CHAPTER 5Amendment of the Higher Education (Fee Limit Condition) (England) Regulations 2017

SECTION 1Introductory

Amendment of the Higher Education (Fee Limit Condition) (England) Regulations 201725.

The Higher Education (Fee Limit Condition) (England) Regulations 201729 are amended as follows.

SECTION 2Relocated Afghan citizens

Relocated Afghan citizens: fee limit condition26.

(1)

In regulation 230—

(a)

after paragraph (bba), insert—

“(bbaa)
“person granted leave under one of the Afghan Schemes” means a person granted leave under the Afghan Citizens Resettlement Scheme or a person granted leave under the Afghan Relocations and Assistance Policy Scheme;
(bbab)
“person granted leave under the Afghan Citizens Resettlement Scheme” means a person—
(i)
who has—
(aa)
indefinite leave to enter or remain in the United Kingdom, outside the immigration rules as defined in section 33(1) of the Immigration Act 1971, on the basis of the Afghan Citizens Resettlement Scheme; or
(bb)
indefinite leave to enter or remain in the United Kingdom, outside those rules. as the spouse, civil partner or dependent child of such a person, or dependent child of the spouse or civil partner; and
(ii)
who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;”.

(b)

in the definition of “person granted leave under the Afghan Relocations and Assistance Scheme”—

(i)

in the opening words and in paragraph (a)(ii) and (iii) after “Assistance” insert “Policy”;

(ii)

in paragraph (a)(i) for “276BB1(iv)” substitute “276BB1(iii)(a)”;

(iii)

in paragraph (a)(iv) for “276BJ1 or 276BO1” substitute “276BJ2 or 276BO2”.

(2)

In regulation 6(2)(m) for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.

(3)

In paragraph 5F of the Schedule and in the heading to that paragraph, for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.

CHAPTER 6Amendment of the Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No 2) etc.) Regulations 2018

SECTION 1Introductory

Amendment of the Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No 2) etc.) Regulations 201827.

The Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No 2) etc.) Regulations 201831 are amended as follows.

SECTION 2Relocated Afghan citizens

Relocated Afghan citizens: Doctoral degrees28.

(1)

In regulation 2(1)32—

(a)

after the definition of “person granted indefinite leave to remain as a victim of domestic violence or domestic abuse”33, insert—

““person granted leave under one of the Afghan Schemes” means a person granted leave under the Afghan Citizens Resettlement Scheme or a person granted leave under the Afghan Relocations and Assistance Policy Scheme;
“person granted leave under the Afghan Citizens Resettlement Scheme” means a person—
(a)
who has—
(i)
indefinite leave to enter or remain in the United Kingdom, outside the immigration rules as defined in section 33(1) of the Immigration Act 1971, on the basis of the Afghan Citizens Resettlement Scheme; or
(ii)
indefinite leave to enter or remain in the United Kingdom outside those rules, as the spouse, civil partner or dependent child of such a person, or dependent child of the spouse or civil partner; and
(b)
who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;”.

(b)

in the definition of “person granted leave under the Afghan Relocations and Assistance Scheme”—

(i)

in the opening words and in paragraph (a)(ii) and (iii) after “Assistance” insert “Policy”;

(ii)

in paragraph (a)(i) for “276BB1(iv)” substitute “276BB1(iii)(a)”;

(iii)

in paragraph (a)(iv) for “276BJ1 or 276BO1” substitute “276BJ2 or 276BO2”.

(2)

In regulation 8(n) for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.

(3)

In paragraph 6A of Schedule 1 and in the heading to that paragraph, for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.

SECTION 3Overpayments

Recovery of postgraduate doctoral degree loans29.

In regulation 17, after paragraph (2), insert—

“(2A)
An institution or third party must, if so required by the Secretary of State, repay any amount of a postgraduate doctoral degree loan paid to the institution or third party in respect of a student which for whatever reason exceeds the amount of loan to which the student is entitled.”.

Michelle Donelan

Minister of State

Department for Education

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, which apply in England only, amend seven instruments relating to financial support for students.

Part 2 of these Regulations amends the Education (Student Support) Regulations 2011 (S.I. 2011/1986) (‘the Student Support Regulations’).

Part 3 of these Regulations amends 6 related sets of Regulations (“the related Regulations”):

the Education (Fees and Awards) (England) Regulations 2007 (S.I. 2007/779),
the Education (Student Support) (European University Institute) Regulations 2010 (S.I. 2010/447),
the Further Education Loans Regulations 2012 (S.I. 2012/1818),
the Education (Postgraduate Master’s Degree Loans) Regulations 2016 (S.I. 2016/606),
the Higher Education (Fee Limit Condition) (England) Regulations 2017 (S.I. 2017/1189) and
the Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 2018 (S.I. 2018/599).

Regulations 3 to 12 amend the Student Support Regulations for courses which begin on or after 1st August 2022 so that arrivals from Afghanistan under the Afghan Citizens Resettlement Scheme become entitled to support. They also make minor changes to the definition of Afghan Relocations and Assistance Scheme.

Regulations 13 and 14 clarify the existing right to recovery of overpaid fee loans from academic authorities under the Student Support Regulations.

Part 3 makes corresponding changes to the related Regulations.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.