The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023

CHAPTER 3 Eligible students, eligible part-time students and eligible postgraduate students

Amendments relating to the ordinary residence requirements for students in existing protected categories

11.—(1) Part 2 of Schedule 1 (eligible students: categories)(1) is amended as follows.

(2) In paragraph 4 (refugees and their family members)—

(a) in sub-paragraph (1)(c), for “the first day of the first academic year of the course” substitute “the course start date”;

(b) in sub-paragraph (2)(d), for “the first day of the first academic year of the course” substitute “the course start date”;

(c) in sub-paragraph (3)(e), for “the first day of the first academic year of the course” substitute “the course start date”.

(3) In paragraph 4A (persons granted stateless leave and their family members)—

(a) in sub-paragraph (1), for “the first day of the first academic year of the course” substitute “the course start date”;

(b) in sub-paragraph (2)(c), for “the first day of the first academic year of the course” substitute “the course start date”;

(c) in sub-paragraph (3)(d), for “the first day of the first academic year of the course” substitute “the course start date”.

(4) In paragraph 4B (persons granted section 67 leave), for “the first day of the first academic year of the course” substitute “the course start date”.

(5) In paragraph 4C (persons granted indefinite leave to remain as a victim of domestic violence or domestic abuse), for “the first day of the first academic year of the course” substitute “the course start date”.

(6) In paragraph 4D (persons granted Calais leave), for “the first day of the first academic year of the course” substitute “the course start date”.

(7) In paragraph 4E (persons granted indefinite leave to remain as a bereaved partner), for “the first day of the first academic year of the course” substitute “the course start date”.

(8) In paragraph 5 (persons granted humanitarian protection and their family members)—

(a) in sub-paragraph (1), for “the first day of the first academic year of the course” substitute “the course start date”;

(b) in sub-paragraph (2)(d), for “the first day of the first academic year of the course” substitute “the course start date”;

(c) in sub-paragraph (3)(e), for “the first day of the first academic year of the course” substitute “the course start date”.

(9) In paragraph 14 (persons granted leave under one of the Afghan Schemes), for “the first day of the first academic year of the course” substitute “the course start date”.

(10) In paragraph 15 (evacuated or assisted British Nationals from Afghanistan), for “the first day of the first academic year of the course” substitute “the course start date”.

Amendments relating to students becoming eligible for student support in the course of an academic year

12.  In regulation 2 (interpretation)(2)—

(a) in the heading, after interpretation insert “: general”;

(b) in paragraph (1)—

(i) after the definition of “contribution” insert—

““course designation event” has the meaning given in regulation 2A(5);”;

(ii) after the definition of “intensive course” insert—

““in-year qualifying event” has the meaning given in regulation 2A(2);”;

(iii) after the definition of “ordinary duration” insert—

““part-time course designation event” has the meaning given in regulation 2A(6);”;

(iv) after the definition of “person with protected rights” insert—

““postgraduate course designation event” has the meaning given in regulation 2A(7);”;

(v) after the definition of “private institution” insert—

““protected category event” has the meaning given in regulation 2A(3);”;

(vi) after the definition of “Scottish healthcare allowance” insert—

““settled status event” has the meaning given in regulation 2A(4);”.

13.  After regulation 2 insert—

“Meaning of “in-year qualifying event”, “protected category event”, “settled status event”, “course designation event” etc. and related matters

2A.— (1) This regulation defines “in-year qualifying event”, “protected category event” “settled status event”, “course designation event”, “part-time course designation event” and “postgraduate course designation event” and makes related provision for the purposes of these Regulations.

(2) “In-year qualifying event”, in relation to a student, means—

(a) a protected category event which occurs after the course start date;

(b) a settled status event;

(c) the student becomes a person described in paragraph 3(1)(a) of Schedule 1;

(d) where regulation 4(2A), 137(2A) or 159(3A) applies, the student becomes a person described in paragraph 12(a) of Schedule 1;

(e) the student becomes a person described in paragraph 6A(1)(a) of Schedule 1, or where regulation 4(2A), 137(2A) or 159(3A) applies, in paragraph 6(1)(a) of Schedule 1;

(f) the student becomes a person described in paragraph 11A(a) of Schedule 1 or, where regulation 4(2A), 137(2A) or 159(3A) applies, in paragraph 11(1)(a) of Schedule 1; or

(g) the student becomes a person described in paragraph 9B(1)(a)(ii) of Schedule 1.

(3) “Protected category event”, in relation to a student, means—

(a) the student or the student’s spouse, civil partner or parent is recognised as a refugee;

(b) the student or the student’s spouse, civil partner or parent becomes a person granted stateless leave;

(c) the student or the student’s spouse, civil partner or parent becomes a person granted humanitarian protection;

(d) the student becomes a person granted section 67 leave;

(e) the student becomes a person granted indefinite leave to remain as a victim of domestic violence or domestic abuse;

(f) the student becomes a person granted Calais leave;

(g) the student becomes a person granted indefinite leave to remain as a bereaved partner;

(h) the student becomes a person granted leave under one of the Afghan Schemes; or

(i) the student becomes a person granted leave under one of the Ukraine Schemes.

(4) “Settled status event”, in relation to a student. means the student becomes a family member described in paragraph 9A(1)(a), 9C(1)(a) or 9D(1)(a) or (2)(a) of Schedule 1.

(5) “Course designation event”, in relation to a course, means—

(a) the course is designated under regulation 5(10);

(b) the English higher education provider which is providing the course, or on whose behalf the course is being provided, becomes a registered provider;

(c) the course becomes a Northern Irish designated full-time course, a Scottish designated full-time course or a Welsh designated full-time course.

(6) “Part-time course designation event”, in relation to a course, means—

(a) the course is designated under regulation 139(7);

(b) the English higher education provider which is providing the course, or on whose behalf the course is being provided, becomes a registered provider;

(c) the course becomes a Northern Irish designated part-time course, a Scottish designated part-time course or a Welsh designated part-time course.

(7) “Postgraduate course designation event”, in relation to a course, means—

(a) the course is designated under regulation 139(7);

(b) the English higher education provider which is providing the course, or on whose behalf the course is being provided, becomes a registered provider; or

(c) the course becomes a Northern Irish designated part-time course, a Scottish designated part-time course or a Welsh designated part-time course.

(8) Where a protected category event occurs in relation to a student after the course start date, paragraph (9) applies for the purposes of determining whether that event results in the student becoming an eligible student, eligible part-time student or eligible postgraduate student.

(9) The student is to be treated, for the purposes of determining whether the student satisfies any requirement in Schedule 1 to be ordinarily resident in England on the course start date, as if the student was, on the course start date, lawfully residing in the place where the student was residing on that date.”.

14.  In regulation 9(2)(a) (time limits), for “one of the events listed in regulation 17” substitute “an in-year qualifying event”.

15.—(1) For regulation 16 (other than the heading) (students becoming eligible during the course of an academic year) substitute—

“16.— (1) Where—

(a) a course designation event which results in a student’s course becoming a designated course occurs in the course of an academic year;

(b) a protected category event which results in a student becoming an eligible student occurs—

(i) in the course of the first academic year of a course; and

(ii) on or before the course start date; or

(c) an in-year qualifying event which results in a student becoming an eligible student occurs within the first three months of an academic year,

the student may qualify for a fee loan in accordance with this Part in respect of that academic year.

(2) But a fee loan is not available in respect of any academic year beginning before the academic year in which the event in question occurs.”.

16.  Omit regulation 17 (events).

17.  In regulation 38 (general qualifying conditions for grants for living and other costs)(3), for paragraph (8) substitute—

“(8) Where a protected category event which results in a student becoming an eligible student occurs—

(a) in the course of the first academic year of a course; and

(b) on or before the course start date,

the student may qualify for a particular grant in accordance with this Part in respect of that academic year.

(8A) Subject to paragraph (8B), where—

(a) a course designation event which results in a student’s course becoming a designated course occurs in the course of an academic year; or

(b) an in-year qualifying event (other than a settled status event) which results in a student becoming an eligible student occurs in the course of an academic year,

the student may qualify for a particular grant in accordance with this Part in respect of part of that academic year.

(8B) A student does not qualify for such a grant in respect of any academic year beginning before the academic year in which the event in question occurs.”.

18.  In regulation 41 (amount of disabled students’ allowance)(4), for paragraph (8) substitute—

“(8) Where a protected category event which results in a student becoming an eligible student occurs—

(a) in the course of the first academic year of a course; and

(b) on or before the course start date,

the student may qualify for the disabled students’ allowance in respect of the four quarters of that academic year.

(8A) Where—

(a) a course designation event which results in a student’s course becoming a designated course occurs in the course of an academic year; or

(b) an in-year qualifying event (other than a settled status event) which results in a student becoming an eligible student occurs in the course of an academic year,

the student may qualify for the disabled students’ allowance in respect of the qualifying quarters.

(8B) For the purposes of paragraph (8A) “the qualifying quarters” means—

(a) the quarter in which the relevant event occurs; and

(b) if relevant, such other quarters as begin after the relevant event occurs.”.

19.  In regulation 45 (childcare grant)(5), for paragraph (11) substitute—

“(11) Where a protected category event which results in a student becoming an eligible student occurs—

(a) in the course of the first academic year of a course; and

(b) on or before the course start date,

the student may qualify for a childcare grant in respect of the four quarters of that academic year.

(11A) Where—

(a) a course designation event which results in student’s course becoming a designated course occurs in the course of an academic year; or

(b) an in-year qualifying event (other than a settled status event) which results in a student becoming an eligible student occurs in the course of an academic year,

the student may qualify for a childcare grant in respect of such quarters of the academic year as begin after the event in question occurs.”.

20.  In regulation 47(8)(d) (calculations)(6) for “an event referred to in regulation 17” substitute—

“—

(i) a course designation event, or

(ii) an in-year qualifying event (other than a settled status event)”.

21.  For regulation 49A (quarters in respect of which grant for travel is payable)(7) substitute—

“49A.— (1) Subject to paragraphs (2) and (3), a grant for travel is payable in respect of the four quarters of the academic year.

(2) Where a protected category event which results in a student becoming an eligible student occurs—

(a) in the course of the first academic year of a course; and

(b) on or before the course start date,

the student may qualify for a grant for travel in respect of the four quarters of the first academic year of the course.

(3) Where—

(a) a course designation event which results in a student’s course becoming a designated course occurs in the course of an academic year; or

(b) an in-year qualifying event (other than a settled status event) which results in a student becoming an eligible student occurs in the course of an academic year,

the student may qualify for a grant for travel in respect of such quarters of the academic year as begin after the event in question occurs.”.

22.  In regulation 56 (qualifying conditions for maintenance grants)(8), for paragraph (6) substitute—

“(6) Where any of the following events occur in the course of an academic year, a student may qualify for a maintenance grant in respect of such quarters of the academic year as begin after the relevant event occurs—

(a) a course designation event which results in the student’s course becoming a designated course; or

(b) an event falling within regulation 2A(2)(c), (d), (e) or (f), or 2A(3)(a), (b) or (c), which results in the student becoming an eligible student.”.

23.  In regulation 61 (qualifying conditions for special support grant)(9), for paragraph (6) substitute—

“(6) Where any of the following events occur in the course of an academic year, a student may qualify for a special support grant in respect of such quarters of the academic year as begin after the relevant event occurs—

(a) a course designation event which results in the student’s course becoming a designated course; or

(b) an event falling within regulation 2A(2)(c), (d), (e) or (f), or 2A(3)(a), (b) or (c), which results in the student becoming an eligible student.”.

24.—(1) In regulation 85 (students becoming eligible in the course of an academic year: loans for living costs)(10) is amended as follows.

(2) For paragraph (1) substitute—

“(1) Where any of the following events occur in the course of an academic year, a student may qualify for a loan for living costs in respect of which such a loan is payable as begin after the event in question occurs—

(a) a course designation event which results in the student’s course becoming a designated course; or

(b) an in-year qualifying event (other than a settled status event) which results in the student becoming an eligible student.

(1A) Where a protected category event which results in a student becoming an eligible student occurs—

(a) in the course of the first academic year of a course; and

(b) on before the course start date,

the student may qualify for a loan for living costs in respect of all quarters of that academic year in respect of which a loan for living costs is payable.”.

(3) Omit paragraph (2).

25.  For regulation 138 (other than the heading) (students becoming eligible for support under Part 11A during the course of the academic year) substitute—

“138.— (1) Where—

(a) a part-time course designation event which results in a student’s course becoming a designated part-time course occurs in the course of an academic year;

(b) a protected category event which results in a student becoming an eligible part-time student occurs—

(i) in the course of the first academic year or a course; and

(ii) on or before the course start date; or

(c) an in-year qualifying event occurs within the first three months of an academic year which results in a student becoming an eligible part-time student,

the student may qualify for a fee loan in accordance with this Part in respect of that academic year.

(2) But a fee loan is not available in respect of any academic year beginning before the academic year in which the event in question occurs.”.

26.  For regulation 138A (other than the heading) (students becoming eligible for support under Part 11B during the course of an academic year)(11) substitute—

“138A.— (1) Where—

(a) a part-time course designation event which results in a student’s course becoming a designated part-time course occurs in the course of an academic year; or

(b) an in-year qualifying event (other a settled status event) which results in a student becoming an eligible student occurs within the first three months of an academic year,

the student may qualify for a loan for living costs in respect of such quarters in respect of which a loan for living costs is payable as begin after the event in question occurs.

(2) Where a protected category event which results in a student becoming an eligible part-time student occurs—

(a) in the course of the first academic year of the course; and

(b) on or before the course start date,

the student may qualify for a loan for living costs in respect of all quarters of that academic year in respect of which a loan for living costs is payable.”.

27.  In regulation 147 (disabled part-time students’ allowance)(12), for paragraph (8) substitute—

“(8) Where—

(a) a part-time course designation event which results in a student’s course becoming a designated part-time course occurs in the course of an academic year; or

(b) an in-year qualifying event (other than a settled status event) which results in a student becoming an eligible part-time student occurs in the course of an academic year,

the student may qualify for the grant under this regulation in respect of the qualifying quarters.

(8A) For the purposes of paragraph (8), “the qualifying quarters” means—

(a) the quarter in which the relevant event occurs; and

(b) if relevant, such other quarters as begin after the relevant event occurs.

(8B) Where a protected category event which results in a student becoming an eligible part-time student occurs—

(a) in the course of the first academic year of a course; and

(b) on or before the course start date,

the student may qualify for the grant under this regulation in respect of the four quarters of that academic year.”.

28.  In regulation 148(6)(a) (applications for support)(13), for “one of the events listed in paragraph (4) of regulation 138” substitute “an event falling within regulation 138(1)”.

29.  In regulation 157C(6)(a) (applications for a loan for living costs)(14) for “one of the events listed in paragraph (4) of regulation 138” substitute “an event falling within regulation 138(1)”.

30.  For regulation 160 (other than the heading) (postgraduate students becoming eligible for support in the course of an academic year) substitute—

“160.— (1) Where—

(a) a postgraduate course designation event which results in a student’s course becoming a designated postgraduate course occurs in the course of an academic year;

(b) a protected category event which results in a student becoming an eligible postgraduate student occurs—

(i) in the course of the first academic year of a course; and

(ii) on or before the course start date; or

(c) an in-year qualifying event (other than a settled status event) which results in a student becoming an eligible postgraduate student occurs in the course of an academic year,

the student may qualify for the grant under this Part in respect of that academic year in accordance with this Part.

(1B) But a grant of a kind available under this Part is not available in respect of any academic year beginning before the academic year in which the event in question occurs.”.

31.—(1) Regulation 166 (amount of grant)(15) is amended as follows.

(2) In paragraph (5) for “one of the events listed in regulation 160(2)” substitute “an event falling within regulation 160(1)(a) or (c)”.

(3) After paragraph (5) insert—

“(6) Where an event falling within regulation 160(1)(b) occurs, a student may qualify for a grant under this Part in respect of the four quarters of the first academic year.”.

32.  In Part 1 of Schedule 1 (eligible students: interpretation)(16), in paragraph 1(2A), after “place”, in the second place it occurs, insert “(but see also regulation 2A(8) and (9))”.

Amendments relating to family members of persons granted leave under one of the Afghan Schemes or one of the Ukraine Schemes

33.—(1) Regulation 2 (interpretation) is amended as follows.

(2) In paragraph (1)—

(a) in the definition of “person granted leave under the Afghan Citizens Resettlement Scheme” (as amended by regulation 7 of these Regulations), in paragraph (a)—

(i) at the end of sub-paragraph (i), for “or” substitute “and”;

(ii) omit sub-paragraph (ii) (other than “and” at the end of that sub-paragraph);

(b) in the definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme” (as amended by regulation 10 of these Regulations), in paragraph (a)—

(i) at the end of sub-paragraph (ii) insert “or”;

(ii) at the end of sub-paragraph (iii), for “or” substitute “and”;

(iii) omit sub-paragraph (iv).

(3) In regulation 2A(3) (as inserted by regulation 13 of these Regulations)—

(a) in sub-paragraph (h), after “student” insert “or the student’s spouse, civil partner or parent”;

(b) in sub-paragraph (i), after “student” insert “or the student’s spouse, civil partner or parent”.

34.  In regulation 4 (eligible students)(17)—

(a) in paragraph (13C)(a), after “Afghan Schemes” insert “or the spouse, civil partner, child or step-child of such a person”;

(b) in paragraph (13D)(a), after “Ukraine Schemes” insert “or the spouse, civil partner, child or step-child of such a person”.

35.  In regulation 137 (eligible part-time students)(18)—

(a) in paragraph (11C)(a), after “Afghan Schemes” insert “or the spouse, civil partner, child or step-child of such a person”;

(b) in paragraph (11D)(a), after “Ukraine Schemes” insert “or the spouse, civil partner, child or step-child of such a person”.

36.  In regulation 159 (eligible postgraduate students)(19)—

(a) in paragraph (16C)(a), after “Afghan Schemes” insert “or the spouse, civil partner, child or step-child of such a person”;

(b) in paragraph (16D)(a), after “Ukraine Schemes” insert “or the spouse, civil partner, child or step-child of such a person”.

37.—(1) Part 2 of Schedule 1 (eligible students: categories) is amended as follows.

(2) In paragraph 14 (as amended by regulation 11(9) of these Regulations)—

(a) for the heading substitute—

“Persons granted leave under one of the Afghan Schemes and their family members”;

(b) the existing text becomes sub-paragraph (1);

(c) after that sub-paragraph insert—

“(2) A person who—

(a) is the spouse or civil partner of a person granted leave under one of the Afghan Schemes;

(b) on the leave application date, was the spouse or civil partner of that person;

(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 course start date.

(3) A person who—

(a) is—

(i) the child of a person granted leave under one of the Afghan Schemes; or

(ii) the child of the spouse or civil partner of a person granted leave under one of the Afghan Schemes;

(b) on the leave application date, was—

(i) the child of the person granted leave under one of the Afghan Schemes; or

(ii) the child of a person who was the spouse or civil partner of the person granted leave under one of the Afghan Schemes on that date;

(c) was under 18 on the leave application date;

(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 day on the course start date.

(4) In this paragraph “leave application date” means the date on which the person granted leave under one of the Afghan Schemes made an application for leave to enter or remain in the United Kingdom.”.

(3) For paragraph 16 (including the heading)(20) substitute—

“Persons granted leave under one of the Ukraine Schemes and their family members

16.— (1) A person granted leave under one of the Ukraine Schemes, who is ordinarily resident in England on the course start date.

(2) A person who—

(a) is the spouse or civil partner of a person granted leave under one of the Ukraine Schemes;

(b) on the leave application date, was the spouse or civil partner of that person;

(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 course start date.

(3) A person who—

(a) is—

(i) the child of a person granted leave under one of the Ukraine Schemes; or

(ii) the child of the spouse or civil partner of a person granted leave under one of the Ukraine Schemes;

(b) on the leave application date, was—

(i) the child of the person granted leave under one of the Ukraine Schemes; or

(ii) the child of a person who was the spouse or civil partner of the person granted leave under one of the Ukraine Schemes on that date;

(c) was under 18 on the leave application date;

(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 course start date.

(4) In this paragraph “leave application date” means the date on which the person granted leave under one of the Ukraine Schemes made an application for leave to enter or remain in the United Kingdom.”.

(1)

Paragraph 4A was inserted by S.I. 2018/137 and amended by S.I, 2020/1203. Paragraph 4B was substituted by S.I, 2020/1203. Paragraph 4C was inserted by S.I. 2020/48. Paragraph 4D was substituted by S.I. 2020/1203. Paragraph 4E was inserted by S.I. 2020/1203. Paragraph 5 was amended by S.I. 2020/1203. Paragraph 14 was inserted by S.I. 2021/1483 and amended by S.I. 2022/57. Paragraph 15 was inserted by S.I. 2022/534.

(2)

Relevant amending instrument is S.I. 2021/127.

(3)

Regulation 38 was amended by S.I. 2013/235, 2013/1728, 2014/2756, 2015/1951, 2021/127, 2021/1348 and 2022/634. There are other amending instruments but none is relevant.

(4)

Regulation 41 was amended by S.I. 2012/1653, 2014/2765, 2017/114, 2020/1203 and 2021/1348. There are other amending instruments but none is relevant.

(5)

Regulation 45 was amended by S.I. 2012/1653, 2013/630, 2014/2103, 2014/2765, 2015/1951, 2017/114, 2019/142 and 2021/1348. There are other amending instruments but not is relevant.

(6)

Regulation 47(8) was amended by S.I. 2019/142.

(7)

Regulation 49A was inserted by S.I. 2012/1653.

(8)

Relevant amending instruments are S.I. 2012/1653, 2013/1728 and 2015/1951.

(9)

Regulation 61 was amended by S.I. 2012/1653, 2013/630, 2013/1728, 2015/1951, 2021/127 and 2021/1348.

(10)

Regulation 85 was amended by S.I. 2018/137, 2019/142, 2020/48, 2020/1181, 2020/1203, 2021/127, 202/1348, 2022/57 and 2022/534.

(11)

Regulation 138A was inserted by S.I. 2018/472.

(12)

Regulation 147 was amended by S.I. 2012/1653, 2014/2765, 2017/114, 2020/1203, 2021/127 and 2021/1348. There are other amending instruments but none is relevant.

(13)

Regulation 148(6)(a) was amended by S.I. 2020/1203.

(14)

Regulation 157C was inserted by S.I. 2018/472.

(15)

Regulation 166 was amended by S.I. 2012/1653, 2014/2765, 2020/1203 and 2021/1348.

(16)

Paragraph 1(2A) was inserted by S.I. 2012/1653. Paragraph 2A was inserted by S.I. 2021/127 and amended by S.I. 2021/929. There are no relevant amendments to paragraph 8. Paragraph 8A was inserted by S.I. 2021/127.

(17)

Paragraph (13C) was inserted by S.I. 2021/1348 and amended by S.I. 2022/57. Paragraph (13D) was inserted by S.I. 2022/534.

(18)

Paragraph (11C) was inserted by S.I. 2021/1348 and amended by S.I. 2022/57. Paragraph (11D) was inserted by S.I. 2022/534.

(19)

Paragraph (16C) was inserted by S.I. 2021/1348 and amended by S.I. 2022/57. Paragraph (16D) was inserted by S.I. 2022/534.

(20)

Paragraph 16 was inserted by S.I. 2022/534.