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—

  1. (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
  2. (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.”.