The Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2024
Citation, commencement, extent and application1.
(1)
These Regulations may be cited as the Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2024 and come into force on 12th June 2024.
(2)
These Regulations extend to England and Wales.
(3)
The amendments made by regulations 2 to 8 and regulation 20 apply in relation to the provision of support to a student in relation to an academic year which begins on or after 1st August 2024, whether or not anything done under these Regulations is done before, on, or after that date.
(4)
In paragraph (3), an “academic year” is the period of twelve months beginning with 1st January, 1st April, 1st July or 1st September of the calendar year in which the academic year of the course in question begins, according to whether the academic year of the course in question begins—
(a)
on or after 1st January and before 1st April;
(b)
on or after 1st April and before 1st July;
(c)
on or after 1st July and before 1st August; or
(d)
on or after 1st August and on or before 31st December.
Amendments relating to the Ukraine Permission Extension Scheme2.
(a)
in the definition of “person granted leave under one of the Ukraine Schemes”, after “Ukraine Extension Scheme” insert “, a person granted leave under the Ukraine Permission Extension Scheme”
5;
(b)
““person granted leave under the Ukraine Permission Extension Scheme” means a person—
(a)
who has leave to remain in the United Kingdom under the Ukraine Permission Extension Scheme; and
(b)
who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;”.
3.
(a)
in the definition of “person granted leave under one of the Ukraine Schemes”, after “Ukraine Extension Scheme” insert “, a person granted leave under the Ukraine Permission Extension Scheme”
;
(b)
““person granted leave under the Ukraine Permission Extension Scheme” means a person—
(a)
who has leave to remain in the United Kingdom under the Ukraine Permission Extension Scheme; and
(b)
who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;”.
4.
(a)
in the definition of “person granted leave under one of the Ukraine Schemes”, after “Ukraine Extension Scheme” insert “, a person granted leave under the Ukraine Permission Extension Scheme”
;
(b)
““person granted leave under the Ukraine Permission Extension Scheme” means a person—
(a)
who has leave to remain in the United Kingdom under the Ukraine Permission Extension Scheme; and
(b)
who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;”.
5.
(a)
in the definition of “person granted leave under one of the Ukraine Schemes”, after “Ukraine Extension Scheme” insert “, a person granted leave under the Ukraine Permission Extension Scheme”
;
(b)
““person granted leave under the Ukraine Permission Extension Scheme” means a person—
(a)
who has leave to remain in the United Kingdom under the Ukraine Permission Extension Scheme; and
(b)
who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;”.
6.
(a)
in the definition of “person granted leave under one of the Ukraine Schemes”, after “Ukraine Extension Scheme” insert “, a person granted leave under the Ukraine Permission Extension Scheme”
;
(b)
““person granted leave under the Ukraine Permission Extension Scheme” means a person—
(a)
who has leave to remain in the United Kingdom under the Ukraine Permission Extension Scheme; and
(b)
who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;”.
7.
(a)
in the definition of “person granted leave under one of the Ukraine Schemes”, after “Ukraine Extension Scheme” insert “, a person granted leave under the Ukraine Permission Extension Scheme”
;
(b)
““person granted leave under the Ukraine Permission Extension Scheme” means a person—
(a)
who has leave to remain in the United Kingdom under the Ukraine Permission Extension Scheme; and
(b)
who has been ordinarily resident in the United Kingdom and Islands throughout the period since that person was granted such leave;”.
8.
(a)
in the definition of “person granted leave under one of the Ukraine Schemes”, after “Ukraine Extension Scheme” insert “, a person granted leave under the Ukraine Permission Extension Scheme”
;
(b)
““person granted leave under the Ukraine Permission Extension Scheme” means a person—
(a)
who has leave to remain in the United Kingdom under the Ukraine Permission Extension Scheme; and
(b)
who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;”.
Amendments relating to eligibility of bereaved partners9.
“(i)
paragraph BP 11.1 of Appendix Bereaved Partner; or
(ii)
where such leave was granted before the coming into force of Appendix Bereaved Partner—
(aa)
paragraph 288, as a person in relation to whom the requirements in paragraph 287(b) of those rules were met (bereaved partners);
(bb)
paragraph 295N, as a person in relation to whom the requirements in paragraph 295M of those rules were met (bereaved partners);
(cc)
paragraph D-BPILR.1.1 of Appendix FM (bereaved partners); or
(dd)
paragraph 36 of Appendix Armed Forces (bereaved partner of a member of HM Forces);”.
10.
“(i)
paragraph BP 11.1 of Appendix Bereaved Partner; or
(ii)
where such leave was granted before the coming into force of Appendix Bereaved Partner—
(aa)
paragraph 288, as a person in relation to whom the requirements in paragraph 287(b) of those rules were met (bereaved partners);
(bb)
paragraph 295N, as a person in relation to whom the requirements in paragraph 295M of those rules were met (bereaved partners);
(cc)
paragraph D-BPILR.1.1 of Appendix FM (bereaved partners); or
(dd)
paragraph 36 of Appendix Armed Forces (bereaved partner of a member of HM Forces);”.
11.
“(i)
paragraph BP 11.1 of Appendix Bereaved Partner; or
(ii)
where such leave was granted before the coming into force of Appendix Bereaved Partner—
(aa)
paragraph 288, as a person in relation to whom the requirements in paragraph 287(b) of those rules were met (bereaved partners);
(bb)
paragraph 295N, as a person in relation to whom the requirements in paragraph 295M of those rules were met (bereaved partners);
(cc)
paragraph D-BPILR.1.1 of Appendix FM (bereaved partners); or
(dd)
paragraph 36 of Appendix Armed Forces (bereaved partner of a member of HM Forces);”.
12.
“(i)
paragraph BP 11.1 of Appendix Bereaved Partner; or
(ii)
where such leave was granted before the coming into force of Appendix Bereaved Partner—
(aa)
paragraph 288, as a person in relation to whom the requirements in paragraph 287(b) of those rules were met (bereaved partners);
(bb)
paragraph 295N, as a person in relation to whom the requirements in paragraph 295M of those rules were met (bereaved partners);
(cc)
paragraph D-BPILR.1.1 of Appendix FM (bereaved partners); or
(dd)
paragraph 36 of Appendix Armed Forces (bereaved partner of a member of HM Forces);”.
13.
“(aa)
paragraph BP 11.1 of Appendix Bereaved Partner;
(bb)
where such leave was granted before the coming into force of Appendix Bereaved Partner, paragraph 288, as a person in relation to whom the requirements of paragraph 287(b) of those rules were met (bereaved partners);
(cc)
where such leave was granted before the coming into force of Appendix Bereaved Partner, paragraph 295N, as a person in relation to whom the requirements in paragraph 295M of those rules were met (bereaved partners);
(dd)
where such leave was granted before the coming into force of Appendix Bereaved Partner, paragraph D-BPILR.1.1 of Appendix FM (bereaved partners); or
(ee)
where such leave was granted before the coming into force of Appendix Bereaved Partner, paragraph 36 of Appendix Armed Forces (bereaved partners);”.
14.
“(i)
paragraph BP 11.1 of Appendix Bereaved Partner; or
(ii)
where such leave was granted before the coming into force of Appendix Bereaved Partner—
(aa)
paragraph 288, as a person in relation to whom the requirements in paragraph 287(b) of those rules were met (bereaved partners);
(bb)
paragraph 295N, as a person in relation to whom the requirements in paragraph 295M of those rules were met (bereaved partners);
(cc)
paragraph D-BPILR.1.1 of Appendix FM (bereaved partners); or
(dd)
paragraph 36 of Appendix Armed Forces (bereaved partner of a member of HM Forces);”.
15.
“(i)
paragraph BP 11.1 of Appendix Bereaved Partner, or
(ii)
where such leave was granted before the coming into force of Appendix Bereaved Partner—
(aa)
paragraph 288, as a person in relation to whom the requirements in paragraph 287(b) of those rules were met (bereaved partners),
(bb)
paragraph 295N, as a person in relation to whom the requirements in paragraph 295M of those rules were met (bereaved partners),
(cc)
paragraph D-BPILR.1.1 of Appendix FM (bereaved partners), or
(dd)
paragraph 36 of Appendix Armed Forces (bereaved partner of a member of HM Forces),”.
Amendments relating to disabled students’ allowances16.
“(3)
The following applies to a student (“A”) who transfers under paragraph (1)—
(a)
where the Secretary of State has determined prior to the transfer that A is entitled to disabled students’ allowance, that entitlement terminates on the date of the transfer and no payments or further payments (including instalments) of that grant must be made after that date;
(b)
the Secretary of State must determine whether A is entitled to disabled part-time students’ allowance for the remainder of the academic year in which A transfers;
(c)
where in accordance with sub-paragraph (b) the Secretary of State determines that A is entitled to disabled part-time students’ allowance, the maximum amount of that grant as set out in regulation 147(6)(a) is reduced by any sums of disabled students’ allowance, other than sums in relation to travel costs, paid to A in respect of the academic year in which A transfers;
(d)
where immediately before A became an eligible part-time student A was eligible to apply, but had not applied, for a loan for living costs under Part 6 in respect of that academic year, or had not applied for the maximum amount or increased maximum to which A was entitled under that Part, A may apply for such a loan, or such additional amount of loan, as if A had continued to be an eligible student.”.
17.
“(2)
The following applies to a student (“A”) who transfers under paragraph (1)—
(a)
where the Secretary of State has determined prior to the transfer that A is entitled to disabled part-time students’ allowance, that entitlement terminates on the date of transfer and no payments or further payments (including instalments) of that grant must be made after that date;
(b)
the Secretary of State must determine whether A is entitled to disabled students’ allowance for the remainder of the academic year in which A transfers;
(c)
where in accordance with sub-paragraph (b) the Secretary of State determines that A is entitled to disabled students’ allowance, the maximum amount of that grant as set out in regulation 41(2)(a) is reduced by any sums of disabled part-time students’ allowance, other than sums in relation to travel costs, paid to A in respect of the academic year in which A transfers;
(d)
where immediately before A became an eligible student A was eligible to apply, but had not applied, for a loan for living costs under Part 11B in respect of that academic year, or had not applied for the maximum amount or increased maximum to which A was entitled under that Part, A may apply for such a loan, or such additional amount of loan, as if A had continued to be an eligible part-time student.”.
Amendments relating to previous receipt of postgraduate master’s degree loan18.
“(i)
a loan provided in respect of a course—
(aa)
under the Education (Postgraduate Master’s Degree Loans) (Wales) Regulations 2017 or under the Education (Student Support) (Postgraduate Master’s Degrees) (Wales) Regulations 2019;
(bb)
designated under regulation 4(1)(b)(i) of the Education (Student Loans) (Scotland) Regulations 2007 or a course under the Student Support (Scotland) Regulations 2022 mentioned in paragraph 10 or 11 of Schedule 4 to those Regulations; or
(cc)
under Part 13 of the Education (Student Support) (No.2) Regulations (Northern Ireland) 2009;”.
Amendments relating to previous receipt of postgraduate doctoral degree loan19.
“(l)
subject to paragraph (9), A has previously received a loan in respect of a course under the Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 2018.”.
Amendments relating to maximum fee loans for English domiciled students studying in Wales20.
The Schedule to these Regulations makes provision to substitute amounts specified in the Education (Student Support) Regulations 2011.
ScheduleAmendments relating to amounts for student support under the Education (Student Support) Regulations 2011
Column 1 (provision in the Regulations) | Column 2 (existing figures) | Column 3 (new figures) |
|---|---|---|
Regulation 23(5ZA)(a) | £9,000 | £9,250 |
Regulation 23(5ZA)(c) | £4,500 | £4,625 |
Regulation 23(5ZA)(e) | £1,800 | £1,850 |
Regulation 23(5ZA)(g) | £1,350 | £1,385 |
Regulation 23(5ZB)(a) | £9,000 | £9,250 |
Regulation 23(5ZB)(c) | £4,500 | £4,625 |
Regulation 23(5ZB)(e) | £1,800 | £1,850 |
Regulation 23(5ZB)(g) | £1,350 | £1,385 |
Regulation 23(6C)(a) | £1,350 | £1,385 |
These Regulations, which apply in England only, amend 7 instruments (“the 7 instruments”) relating to financial support for students:
the Education (Fees and Awards) (England) Regulations 2007 (S.I. 2007/779),
the Education (Student Support) Regulations 2011 (S.I. 2011/1986) (“the Student Support Regulations”),
the Further Education Loans Regulations 2012 (S.I. 2012/1818),
the Education (Postgraduate Master’s Degree Loans) Regulations 2016 (S.I. 2016/606) (“the Master’s Regulations”),
the Higher Education (Fee Limit Condition) (England) Regulations 2017 (S.I. 2017/1189),
the Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 2018 (S.I. 2018/599) (“the Doctoral Degree Loans Regulations”),
the Higher Education Short Course Loans Regulations 2022 (S.I. 2022/349).
Regulations 2 to 8 amend the 7 instruments to include the Ukraine Permission Extension Scheme in the definition of “person granted leave under one of the Ukraine Schemes”. A definition of “person granted leave under the Ukraine Permission Extension Scheme” is also inserted in the 7 instruments.
Regulations 9 to 15 amend the 7 instruments to make changes to the definition of “person granted indefinite leave to remain as a bereaved partner” to take into account recent changes to the immigration rules dealing with such persons.
Regulations 16 and 17 make amendments to regulations 139B and 139C of the Student Support Regulations to clarify how disabled students’ allowance is dealt with when a student changes their mode of study (from full-time to part-time or vice versa) during an academic year to reflect the policy and operational position.
Regulation 18 makes amendments to regulation 3 of the Master’s Regulations to clarify that the eligibility rules regarding postgraduate master’s degree loans prevent a student from receiving a master’s degree loan if they have already received such funding from one of the devolved administrations unless they can demonstrate compelling personal reasons. Regulation 19 makes similar amendments in respect of regulation 3 of the Doctoral Degree Loans Regulations clarifying that if a doctoral degree loan from the Welsh Government has been provided to a student previously, they are not entitled to a loan under the Doctoral Degree Loans Regulations unless they can demonstrate compelling personal reasons.
Regulation 20 and the Schedule to these Regulations amend provisions in the Student Support Regulations dealing with the maximum fee loans that English domiciled students studying on designated courses provided by or on behalf of publicly funded and regulated institutions in Wales are entitled to receive. The Welsh Government has raised the fee limits for courses in Wales from the 2024/25 academic year. The corresponding fee loan limits in the Student Support Regulations are updated accordingly to ensure students can apply for up-front support to meet the full cost of their tuition in 2024/25.
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.