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

CHAPTER 3 The Further Education Loans Regulations 2012

SECTION 1 Introductory

Amendment of the Further Education Loans Regulations 2012

72.  The Further Education Loans Regulations 2012(1) are amended in accordance with this Chapter.

SECTION 2 Definitions

Insertion of definition of “immigration rules”

73.  In regulation 2(1) (interpretation)(2)—

(a) after the definition of “further education course”, insert—

““immigration rules” has the meaning given in section 33(1) of the Immigration Act 1971;”;

(b) in the definition of “person granted Calais leave”, in paragraph (a) omit “, as defined in section 33(1) of the Immigration Act 1971”;

(c) in the definition of “person granted humanitarian protection”, in paragraph (a) omit “as defined in section 33(1) of the Immigration Act 1971”;

(d) in the definition of “person granted indefinite leave to remain as a bereaved partner”, in paragraph (a) omit “, as defined in section 33(1) of the Immigration Act 1971”;

(e) in the definition of “person granted indefinite leave to remain as a victim of domestic violence or domestic abuse”, in paragraph (a) omit “, as defined in section 33(1) of the Immigration Act 1971”;

(f) in the definition of “person granted leave under the Afghan Citizens Resettlement Scheme”, in paragraph (a)(i) omit “as defined in section 33(1) of the Immigration Act 1971”;

(g) in the definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme”, in paragraph (a)(i)—

(i) for “Immigration Rules”, in the first place it occurs, substitute “immigration rules”;

(ii) for “Immigration Rules as defined in section 33(1) of the Immigration Act 1971” substitute “immigration rules”;

(h) in the definition of “person granted leave under the Homes for Ukraine Sponsorship Scheme”—

(i) in paragraph (a)(i), for “Immigration Rules as defined in section 33(1) of the Immigration Act 1971” substitute “immigration rules”;

(ii) in paragraph (a)(ii), for “Immigration Rules as defined in section 33(1) of the Immigration Act 1971” substitute “immigration rules”;

(i) in the definition of “person granted leave under the Ukraine Extension Scheme”, in paragraph (a), for “Immigration Rules as defined in section 33(1) of the Immigration Act 1971” substitute “immigration rules”;

(j) in the definition of “person granted leave under the Ukraine Family Scheme”—

(i) in paragraph (a)(i), for “Immigration Rules as defined in section 33(1) of the Immigration Act 1971” substitute “immigration rules”;

(ii) in paragraph (a)(ii), for “Immigration Rules as defined in section 33(1) of the Immigration Act 1971” substitute “immigration rules”;

(k) in the definition of “person granted stateless leave”, in paragraph (a) omit “(within the meaning given in section 33(1) of the Immigration Act 1971)”.

(2) In Part 2 of Schedule 1 (eligible students: categories)(3)—

(a) in paragraph 3(2) omit “(as defined in section 33(1) of the Immigration Act 1971)”;

(b) in paragraph 4A(4) omit “(within in the meaning given in section 33(1) of the Immigration Act 1971)”.

Amendments to the definitions of “overseas territories” and “specified British overseas territories”

74.  In Part 1 of Schedule 1 (eligible students: interpretation)(4), in paragraph 1(1)—

(a) in the definition of “overseas territories”, for “St Helena and Dependencies (Ascension Island and Tristan da Cunha)” substitute “St Helena, Ascension and Tristan da Cunha”;

(b) in the definition of “specified British overseas territories”, for “St Helena and Dependencies (Ascension Island and Tristan da Cunha)” substitute “St Helena, Ascension and Tristan da Cunha”.

Amendments to the definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme”

75.  In regulation 2(1) (interpretation) in the definition of “ person granted leave under the Afghan Relocations and Assistance Policy Scheme” (as amended by regulation 73 of these Regulations)—

(a) in paragraph (a), after sub-paragraph (i) insert—

“(ia) indefinite leave to enter the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.2 of that Appendix of those rules;”;

(b) in paragraph (a)(iv), after “of those rules” insert “or paragraph ARAP 16.1 of Appendix Afghan Relocation and Assistance Policy of those rules”.

SECTION 3 Eligible students

Amendments relating to students becoming eligible for loans after their course has started

76.  For regulation 6 (including the heading) substitute—

“Students becoming eligible after a designated further education course has begun

6.— (1) Where any of the following events occur after a designated further education has begun, a student may qualify for a fee loan in accordance with this Part in respect of that course—

(a) the student’s course becomes a designated further education course; or

(b) an event specified in paragraph (2) which results in the student becoming an eligible student.

(2) The events mentioned in paragraph (1)(b) are—

(a) the student or the student’s spouse, civil partner, parent or step-parent is recognised as a refugee or becomes a person granted stateless leave or a person granted humanitarian protection;

(b) the student becomes a family member described in paragraph 9A(1)(a), 9B(1)(a), 9C(1)(a) or 9D(1)(a) or (2)(a) of Schedule 1;

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

(d) the student becomes a person described in paragraph 6A(1)(a) of Schedule 1;

(e) the student becomes a person described in paragraph 11A(a) of Schedule 1;

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

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

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

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

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

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

(3) Where the event that occurs in relation to a student is an event specified in paragraph (2)(a), (f), (g), (h), (i), (j) or (k), paragraph (4) applies for the purposes of determining whether the event results in the student becoming an eligible student.

(4) The student is to be treated, for the purposes of determining whether the student satisfies any requirement in Schedule 1 that the student is ordinarily resident in the United Kingdom on the first day of the relevant course (“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.”.

77.  Omit regulation 7 (events).

78.  In Part 1 of Schedule 1 (eligible students: interpretation), in paragraph 1(3) after “place”, in the second place it occurs, insert “(but see regulation 6(3) and (4))”.

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

79.  In regulation 2(1) (interpretation) (as amended by regulations 73 and 79 of these Regulations)—

(a) in the definition of “person granted leave under the Afghan Citizens Resettlement Scheme”—

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

(ii) omit paragraph (a)(ii) (including “and” at the end);

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

(i) at the end of paragraph (a)(ii), insert “or”;

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

(iii) omit paragraph (a)(iv).

80.  In regulation 3 (eligible students)(5)—

(a) in paragraph (8A)(a), after “Afghan Schemes” insert “or the spouse, civil partner, child or step-child of a person granted leave under one of the Afghan Schemes”;

(b) in paragraph (8B)(a), after “Ukraine Schemes” insert “or the spouse, civil partner, child or step-child of a person granted leave under one of the Ukraine Schemes”.

81.  In regulation 6 (as substituted by regulation 76 of these Regulations)—

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

(b) in paragraph (k), after “the student” insert “or the student’s spouse, civil partner or parent”;

82.  In Part 2 of Schedule 1 (eligible students: categories)(6)—

(a) for paragraph 5A (including the heading) substitute—

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

5A.— (1) A person granted leave under one of the Afghan Schemes, who is ordinarily resident in the United Kingdom on the first day of the designated further education course.

(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 granted leave to enter or remain in the United Kingdom; and

(d) is ordinarily resident in the United Kingdom on the first day of the designated further education course.

(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 a 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 the United Kingdom on the first day of the designated further education course.

(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.”.

(b) for paragraph 5C (including the heading) substitute—

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

5C.— (1) A person granted leave under one of the Ukraine Schemes, who is ordinarily resident in the United Kingdom on the first day of the designated further education course.

(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 granted leave to enter or remain in the United Kingdom; and

(d) is ordinarily resident in the United Kingdom on the first day of the designated further education course.

(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 a person granted leave under one of the Ukraine Schemes;

(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 the United Kingdom on the first day of the designated further education course.

(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)

S.I. 2012/1818.

(2)

Relevant amending instruments are S.I. 2014/1766, 2019/142, 2020/48, 2020/1203, 2021/127, 2021/1348, 2022/57 and 2022/534.

(3)

Relevant amending instruments are S.I. 2020/1203 and S.I. 2021/127.

(4)

Definitions inserted by S.I. 2021/1348.

(5)

Paragraph (8A) was inserted by S.I. 2021/1348 and amended by S.I. 2022/57. Paragraph 8B was inserted by S.I. 2022/534.

(6)

Paragraph 5A was inserted by S.I. 2021/1348 and amended by S.I. 2022/57. Paragraph 5C was inserted by S.I. 2022/534.