The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024
PART 1Introductory
Citation and commencement1.
These Regulations may be cited as the Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 and come into force on 15th February 2024.
Extent and application2.
(1)
These Regulations extend to England and Wales.
(2)
(3)
Otherwise these Regulations apply in relation to England only.
(4)
The following provisions of these Regulations apply only in relation to the provision of support, and to fees and awards applicable, in relation to a new academic year, whether or not anything done under these Regulations is done before, on or after 1st August 2024—
(a)
regulations 4, 16, 24, 31, 39, 47, 55 (victims of domestic abuse);
(b)
regulations 7, 17, 27, 34, 44, 51 and 57 (children of persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse or as a bereaved partner);
(c)
regulations 8, 14, 28, 35, 43, 50 and 58 (students settled in the United Kingdom);
(d)
regulations 9(1)(a) to (g), (2)(a) to (g) and (3)(a) to (h), 21(a) to (h), 26(a) to (g), 33(a) to (g) and (i), 49(a) to (g) and (i) and 56(1)(a) to (g) and (2)(a) to (h) (termination of eligible student status);
(e)
regulation 10 (loans for designated part-time courses);
(f)
regulation 12 and the Schedule (substitution of amounts);
(g)
regulations 15 and 41 (eligibility for home fee status and fee caps in certain circumstances where leave to remain expired);
(h)
regulation 61 (removal of fee limits for postgraduate ITT courses leading to qualified teacher status).
(5)
The following provisions of these Regulations apply in relation to the provision of support, and to fees and awards applicable, in relation to a new course, whether or not anything done under these Regulations is done before, on or after 1st August 2024—
(a)
regulations 6 and 42 (qualified teacher learning and skills status);
(b)
regulations 9(1)(h), (2)(h) and (3)(i), 26(h), 33(h) and (j), 49(h) and (j) and 56(1)(h) and (2)(i) (termination of eligible student status: long residence);
(c)
regulations 36 and 52 (substitution of amounts).
(6)
Regulations 11, 19, 29, 37, 45, 53 and 60 (British citizens of Chagossian descent) apply in relation to the provision of support, and to fees and awards applicable, in relation to a new academic year of a course which began on or after 1st August 2022, whether or not anything done under these Regulations is done before, on or after 1st August 2024.
(7)
In this regulation—
“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;
“new academic year” means an academic year which begins on or after 1st August 2024;
“new course” means a course which begins on or after 1st August 2024.
PART 2Amendment of the Education (Student Support) Regulations 2011
Amendment of the Education (Student Support) Regulations 20113.
Victims of domestic abuse4.
(1)
In regulation 2 (interpretation), in paragraph (1), in the definition of “person granted indefinite leave to remain as a victim of domestic violence or domestic abuse”—
(a)
for “leave to remain”, in both places, substitute “leave to enter or remain”
;
(b)
“(i)
paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse8; or(ii)
where such leave was granted before the coming into force of the Appendix Victim of Domestic Abuse, paragraph 289B (victims of domestic violence), paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse) or paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces);”.
(2)
Afghan Relocations and Assistance Policy Scheme5.
“(ia)
indefinite leave to enter or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules11;”.
Qualified teacher learning and skills status6.
(1)
(2)
In regulation 12 (fee loans: previous course)—
(a)
in paragraph (4), at the beginning of sub-paragraph (c) insert “where the current course falls within regulation 2(1ZA)(a), (b), (c) or (d), ”
;
(b)
(3)
In regulation 13 (fee loans: miscellaneous)—
(a)
“(1A)
An eligible student does not qualify for a fee loan under this Part if—
(a)
the current course is a course falling within regulation 2(1ZA)(e),(f),(g),(h) or (i); and
(b)
the student has completed a previous course falling within regulation 2(1ZA)(e), (f), (g), (h) or (i) and achieved the intended qualification.”;
(b)
(4)
In regulation 144 (fee loans for designated part-time courses beginning on or after 1st September 2012)—
(a)
“(2A)
An eligible part-time student does not qualify for a fee loan if—
(a)
the current course is a course falling within regulation 2(1ZA)(e), (f), (g), (h) or (i); and
(b)
the student has completed a previous course falling within regulation 2(1ZA)(e), (f), (g), (h) or (i) and achieved the intended qualification.”.
(b)
Children of persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse or as a bereaved partner 7.
(1)
In regulation 2A (meaning of terms including protected category event), in paragraph (3), in sub-paragraphs (e) and (g), after “the student” insert “or the student’s parent”
.
(2)
In Schedule 1 (eligible students)—
(a)
in the heading to paragraph 4C (persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse), at the end, insert “and their children”
;
(b)
paragraph 4C becomes sub-paragraph (1) of that paragraph;
(c)
“(2)
A person—
(a)
granted indefinite leave to enter or remain;
(b)
who—
(i)
is the child of a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse; and
(ii)
on the leave application date, was the child of the person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse;
(c)
who was under 18 on the leave application date;
(d)
who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; and
(e)
who is ordinarily resident in England on the course start date.
(3)
In this paragraph, “leave application date” means the date on which a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse made an application to remain in the United Kingdom on those grounds under the immigration rules.”;
(d)
in the heading to paragraph 4E (persons granted indefinite leave to remain as a bereaved partner)16, at the end, insert “and their children”
;
(e)
paragraph 4E becomes sub-paragraph (1) of that paragraph;
(f)
“(2)
A person—
(a)
granted indefinite leave to remain;
(b)
who—
(i)
is the child of a person granted indefinite leave to remain as a bereaved partner; and
(ii)
on the leave application date, was the child of the person granted indefinite leave to remain as a bereaved partner;
(c)
who was under 18 on the leave application date;
(d)
who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; and
(e)
who is ordinarily resident in England on the course start date.
(3)
In this paragraph, “leave application date” means the date on which a person granted indefinite leave to remain as a bereaved partner made an application to remain in the United Kingdom on those grounds under the immigration rules.”.
Students settled in the United Kingdom8.
(1)
(a)
“(ba)
the student becomes a person described in paragraph 2 of Schedule 1;”;
(b)
“means—
(a)
the student becomes a person described in paragraph 2A or 9BB of Schedule 1; or
(b)
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.”.
(2)
In Schedule 1—
(a)
(b)
in paragraph 2(1)(a)(ii) after “England”, insert “on the first day of the first academic year of the course”
;
(c)
Termination of eligible student status9.
(1)
In regulation 4 (eligible students)—
(a)
“has expired and—
(i)
no further leave to remain has been granted,
(ii)
no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 200220), and(iii)
the person (A or A’s spouse, civil partner, parent or step-parent) whose refugee status has expired has not become a British or Irish citizen,”;
(b)
in paragraphs (12A)(b), (12B)(b) and (13D)(b)21, after “has been granted” insert “and that person has not become a British or Irish citizen”
;
(c)
in paragraph (12C)(b)22, after “has been granted” insert “and A has not become a British or Irish citizen”
;
(d)
“has expired and—
(i)
no further leave to remain has been granted;
(ii)
no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and
(iii)
the person (A or A’s spouse, civil partner, parent or step-parent) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen,”;
(e)
in paragraph (13A)(b)23, after “has been granted under those rules” insert “and A has not become a British or Irish citizen”
;
(f)
in paragraph (13B)(b)24 after “protected rights” insert “and has not become a British or Irish citizen”
;
(g)
in paragraph (13C)(b)25 after “has expired” insert “and that person has not become a British or Irish citizen”
;
(h)
“(13E)
Where—
(a)
the Secretary of State determined that, by virtue of being a person satisfying the criteria in paragraph 13 of Schedule 1 (eligible students: long residence), a person (“A”) was an eligible student in connection with—
(i)
an application for support for an earlier year of the current course;
(ii)
an application for support for a course in relation to which the current course is an end-on course; or
(iii)
an application for support in connection with a designated part-time course or other designated course from which A’s status as an eligible part-time student or eligible student has been transferred to the current course; and
(b)
as at the day before the academic year in respect of which A is applying for support begins, the period for which A was granted leave to stay in the United Kingdom has expired and—
(i)
no further leave to remain has been granted;
(ii)
no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and
(iii)
A has not become a British or Irish citizen,
A’s status as an eligible student terminates immediately before the first day of the academic year in respect of which A is applying for support.”.
(2)
In regulation 137 (eligible part-time students)—
(a)
“has expired and—
(i)
no further leave to remain has been granted;
(ii)
no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and
(iii)
the person (A or A’s spouse, civil partner, parent or step-parent) whose refugee status has expired has not become a British or Irish citizen,”;
(b)
in paragraphs (10A)(b), (10B)(b) and (11D)(b)26, after “has been granted” insert “and that person has not become a British or Irish citizen”
;
(c)
in paragraph (10C)(b)27, after “has been granted” insert “and A has not become a British or Irish citizen”
;
(d)
“has expired and—
(i)
no further leave to remain has been granted;
(ii)
no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and
(iii)
the person (A or A’s spouse, civil partner, parent or step-parent) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen,”;
(e)
in paragraph (11A)(b)28, after “has been granted under those rules” insert “and A has not become a British or Irish citizen”
;
(f)
in paragraph (11B)(b)29, after “protected rights” insert “and has not become a British or Irish citizen”
;
(g)
in paragraph (11C)(b)30, after “has expired” insert “and that person has not become a British or Irish citizen”
;
(h)
“(11E)
Where—
(a)
the Secretary of State determined that, by virtue of being a person satisfying the criteria in paragraph 13 of Schedule 1 (eligible students: long residence), a person (“A”) was an eligible part-time student in connection with—
(i)
an application for support for an earlier year of the current part-time course; or
(ii)
an application for support in connection with a designated course or other designated part-time course from which A’s status as an eligible student or eligible part-time student has been transferred to the current part-time course; and
(b)
as at the day before the academic year in respect of which A is applying for support begins, the period for which A was granted leave to stay in the United Kingdom has expired and—
(i)
no further leave to remain has been granted;
(ii)
no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and
(iii)
A has not become a British or Irish citizen,
A’s status as an eligible part-time student terminates immediately before the first day of the academic year in respect of which A is applying for support.”.
(3)
In regulation 159 (eligible postgraduate students)—
(a)
“has expired and—
(i)
no further leave to remain has been granted;
(ii)
no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and
(iii)
the person (A or A’s spouse, civil partner, parent or step-parent) whose refugee status has expired has not become a British or Irish citizen,”;
(b)
in paragraphs (15A)(b), (15B)(b) and (16D)(b)31, after “has been granted” insert “and that person has not become a British or Irish citizen”
;
(c)
in paragraph (15C)(b)32, after “has been granted” insert “and A has not become a British or Irish citizen”
;
(d)
“has expired and—
(i)
no further leave to remain has been granted;
(ii)
no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and
(iii)
the person (A or A’s spouse, civil partner, parent or step-parent) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen,”;
(e)
in paragraph (16A)(b)33, after “has been granted under those rules” insert “and A has not become a British or Irish citizen”
;
(f)
(g)
in paragraph (16B)(b) as so renumbered, after “protected rights” insert “and has not become a British or Irish citizen”
;
(h)
in paragraph (16C)(b)35, after “has expired” insert “and that person has not become a British or Irish citizen”
;
(i)
“(16E)
Where—
(a)
the Secretary of State determined that, by virtue of being a person satisfying the criteria in paragraph 13 of Schedule 1 (eligible students: long residence), a person (“A”) was an eligible postgraduate student in connection with—
(i)
an application for support for an earlier year of the current postgraduate course; or
(ii)
an application for support in connection with another designated postgraduate course from which A’s status as an eligible postgraduate student has been transferred to the current postgraduate course; and
(b)
as at the day before the academic year in respect of which A is applying for support begins, the period for which A was granted leave to remain in the United Kingdom has expired and—
(i)
no further leave to remain has been granted;
(ii)
no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and
(iii)
A has not become a British or Irish citizen,
A’s status as an eligible postgraduate student terminates immediately before the first day of the academic year in respect of which A is applying for support.”.
Loans for designated part-time courses10.
(1)
In regulation 144 (fee loans for designated part-time courses beginning on or after 1st September 2012), in paragraph (8)(c), in each place it occurs, for “the current course” substitute “the current part-time course”
.
(2)
In regulation 157B (qualifying conditions for the loan for living costs)36, in paragraph (8)(c), in each place it occurs, for “the current course” substitute “the current part-time course”
.
British citizens of Chagossian descent11.
In Schedule 1, in paragraph 9BB—
(a)
in sub-paragraph (1)—
(i)
at the beginning, insert “Subject to paragraphs (3) and (4), ”
;
(ii)
in paragraph (a), the words from “settled in” become sub-paragraph (i);
(iii)
“or
(ii)
a British citizen who—
(aa)
was born in the British Indian Ocean Territory or, prior to 8th November 1965, in those islands designated as the British Indian Ocean Territory on that date; or
(bb)
is a direct descendant of a person who was born in the British Indian Ocean Territory or, prior to 8th November 1965, in those islands designated as the British Indian Ocean Territory on that date;”;
(b)
“(3)
For the purposes of paragraphs (c) and (d) of sub-paragraph (1), a person mentioned in paragraph (a)(ii) of sub-paragraph (1) is treated as being ordinarily resident in the specified British overseas territories in any period before the first day of the first academic year of the course in which they are not ordinarily resident in the United Kingdom or the Islands.
(4)
Paragraphs (e) and (f) of sub-paragraph (1) do not apply to a person mentioned in paragraph (a)(ii) of that sub-paragraph.”.
Substitution of amounts specified in the Education (Student Support) Regulations 201112.
The Schedule makes amendments to substitute amounts specified in the Education (Student Support) Regulations 2011.
PART 3Corresponding amendments to other subordinate legislation
CHAPTER 1The Education (Fees and Awards) (England) Regulations 2007
Amendment of the Education (Fees and Awards) (England) Regulations 200713.
Students settled in the United Kingdom14.
(1)
In regulation 4 (fee charging), in paragraph (2)(a), for “8 or 8A” substitute “8, 8A or 9C”
.
(2)
In Schedule 1—
(a)
in paragraph 2(1)(a), in the opening words, omit “on the first day of the first academic year of the course”;
(b)
in paragraph 2(1)(a)(ii), after “United Kingdom” insert “on the first day of the first academic year of the course”
;
(c)
(d)
Eligibility for home fee status in certain circumstances where leave to remain expired15.
“(2ZA)
For the purposes of this regulation, where—
(a)
a person becomes, after the course start date or on the first day of an academic year of the course, a person who no longer falls within a paragraph of Schedule 1 as a result of that person’s leave to remain, or the leave to remain of that person’s spouse, civil partner or parent, as the case may be, having expired; and
(b)
further leave to remain has been granted or the person whose leave to remain has expired has become a British or Irish citizen,
the person who would otherwise no longer fall within a paragraph of Schedule 1 is to be treated as falling within the paragraph of Schedule 1 in which they previously fell for the remainder of the duration of the course.”.
Victims of domestic abuse16.
(1)
In both regulation 4(2C)(c) and (2D)(e)40 (fee charging) and paragraph 4C41 of Schedule 1 (persons granted indefinite leave to remain as a victim of domestic violence or domestic abuse), in each place it occurs, including in the heading to paragraph 4C of Schedule 1, for “leave to remain”, substitute “leave to enter or remain”
.
(2)
“(i)
paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse; or
(ii)
where such leave was granted before the coming into force of the Appendix Victim of Domestic Abuse, paragraph 289B (victims of domestic violence), paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse) or paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces);”.
Children of persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse or as a bereaved partner17.
(1)
In regulation 4 (fee charging), in paragraph (2C)(c) and (e), after “the person” insert “or the person’s parent”
.
(2)
In Schedule 1—
(a)
in the heading to paragraph 4C (persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse), at the end, insert “and their children”
;
(b)
paragraph 4C becomes sub-paragraph (1) of that paragraph;
(c)
“(2)
A person—
(a)
granted indefinite leave to enter or remain;
(b)
who—
(i)
is the child of a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse; and
(ii)
on the leave application date, was the child of the person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse;
(c)
who was under 18 on the leave application date;
(d)
who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; and
(e)
who is ordinarily resident in the United Kingdom on the course start date.
(3)
In this paragraph, “leave application date” means the date on which a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse made an application to remain in the United Kingdom on those grounds under the immigration rules.”;
(d)
in the heading to paragraph 4E (persons granted indefinite leave to remain as a bereaved partner)43, at the end, insert “and their children”
;
(e)
paragraph 4E becomes sub-paragraph (1) of that paragraph;
(f)
“(2)
A person—
(a)
granted indefinite leave to remain;
(b)
who—
(i)
is the child of a person granted indefinite leave to remain as a bereaved partner; and
(ii)
on the leave application date, was the child of the person granted indefinite leave to remain as a bereaved partner;
(c)
who was under 18 on the leave application date;
(d)
who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; and
(e)
who is ordinarily resident in the United Kingdom on the course start date.
(3)
In this paragraph, “leave application date” means the date on which a person granted indefinite leave to remain as a bereaved partner made an application to remain in the United Kingdom on those grounds under the immigration rules.”.
Afghan Relocations and Assistance Policy Scheme18.
“(ia)
indefinite leave to enter or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules;”.
British citizens of Chagossian descent19.
In Schedule 1, in paragraph 9C—
(a)
in sub-paragraph (1)—
(i)
at the beginning, insert “Subject to paragraphs (3) and (4), ”
;
(ii)
after paragraph (a)(i), omit “or”;
(iii)
“or
(iii)
a person who is a British citizen and who—
(aa)
was born in the British Indian Ocean Territory or, prior to 8th November 1965, in those islands designated as the British Indian Ocean Territory on that date; or
(bb)
is a direct descendant of a person who was born in the British Indian Ocean Territory or, prior to 8th November 1965, in those islands designated as the British Indian Ocean Territory on that date;”;
(b)
“(3)
For the purposes of paragraphs (c) and (d) of sub-paragraph (1), a person mentioned in paragraph (a)(iii) of sub-paragraph (1) is treated as being ordinarily resident in the specified British overseas territories in any period before the first day of the first academic year of the course in which they are not ordinarily resident in the United Kingdom or the Islands.
(4)
Paragraph (e) of sub-paragraph (1) does not apply to a person mentioned in paragraph (a)(iii) of that sub-paragraph.”.
CHAPTER 2The Education (Student Support) (European University Institute) Regulations 2010
Amendment of the Education (Student Support) (European University Institute) Regulations 201020.
Termination of eligible student status21.
In regulation 9 (eligible students)—
(a)
“the day before the day that academic year begins—
(i)
no further leave to remain has been granted,
(ii)
no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002), and
(iii)
the person (A or A’s spouse, civil partner, parent or step-parent) whose refugee status is due to expire has not become a British or Irish citizen,”;
(b)
in paragraphs (10A)(b) and (10B)(b)45, after “has been granted” insert “and that person has not become a British or Irish citizen”
;
(c)
in paragraph (10C)(b)46, after “has been granted” insert “and A has not become a British or Irish citizen”
;
(d)
“the day before the day that academic year begins—
(i)
no further leave to remain has been granted,
(ii)
no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 200247), and(iii)
the person (A or A’s spouse, civil partner, parent or step-parent) whose period for which they are allowed to stay in the United Kingdom is due to expire has not become a British or Irish citizen,”;
(e)
in paragraph (11A)(b)48, after “has been granted under those rules” insert “and A has not become a British or Irish citizen”
;
(f)
in paragraph (11B)(b)49, after “protected rights” insert “and has not become a British or Irish citizen”
;
(g)
in paragraph (11C)(b)50, after “has expired” insert “and that person has not become a British or Irish citizen”
;
(h)
in paragraph (11D)(b)51, after “has been granted” insert “and that person has not become a British or Irish citizen”
.
Afghan Relocations and Assistance Policy Scheme22.
“(ia)
indefinite leave to enter or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules;”.
CHAPTER 3The Further Education Loans Regulations 2012
Amendment of the Further Education Loans Regulations 201223.
Victims of domestic abuse24.
(1)
In regulation 2 (interpretation), in paragraph (1), in the definition of “person granted indefinite leave to remain as a victim of domestic violence or domestic abuse”—
(a)
for “leave to remain”, in both places, substitute “leave to enter or remain”
;
(b)
“(i)
paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse; or
(ii)
where such leave was granted before the coming into force of the Appendix Victim of Domestic Abuse, paragraph 289B (victims of domestic violence), paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse) or paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces);”.
(2)
In both regulation 6(2)(g) and paragraph 4C53 of Schedule 1, in each place it occurs, including in the heading to paragraph 4C of Schedule 1, for “leave to remain”, substitute “leave to enter or remain”
.
Afghan Relocations and Assistance Policy Scheme25.
“(ia)
indefinite leave to enter or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules,”.
Termination of eligible student status26.
In regulation 3 (eligible students)—
(a)
“has expired and—
(i)
no further leave to remain has been granted;
(ii)
no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and
(iii)
the person (A or A’s spouse, civil partner, parent or step-parent) whose refugee status has expired has not become a British or Irish citizen,”;
(b)
in paragraphs (7A)(b), (7B)(b) and (8B)(b)54, after “has been granted” insert “and that person has not become a British or Irish citizen”
;
(c)
in paragraph (7C)(b)55, after “has been granted” insert “and A has not become a British or Irish citizen”
;
(d)
“has expired and—
(i)
no further leave to remain has been granted;
(ii)
no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and
(iii)
the person (A or A’s spouse, civil partner, parent or step-parent) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen,”;
(e)
in paragraph (8A)(b)56, after “has expired” insert “and that person has not become a British or Irish citizen”
;
(f)
in paragraph (9)(b)57, “has been granted under those rules” insert “and A has not become a British or Irish citizen”
;
(g)
in paragraph (10)(b)58, after “protected rights” insert “and has not become a British or Irish citizen”
;
(h)
“(11)
Where—
(a)
the Secretary of State has determined that a person (“A”) is an eligible student by virtue of paragraph 13 of Schedule 1 (long residence) in connection with an application for a fee loan for a designated further education course; and
(b)
as at the day before the course begins, the period for which A is allowed to stay in the United Kingdom has expired and—
(i)
no further leave to remain has been granted;
(ii)
no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and
(iii)
A has not become a British or Irish citizen,
A’s status as an eligible student terminates immediately before the first day of the course.”.
Children of persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse or as a bereaved partner27.
(1)
In regulation 6 (students becoming eligible after a designated further education course has begun), in paragraph (2)(g) and (i), after “the student” insert “or the student’s parent”
.
(2)
In Schedule 1—
(a)
in the heading to paragraph 4C (persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse), at the end, insert “and their children”
;
(b)
paragraph 4C becomes sub-paragraph (1) of that paragraph;
(c)
“(2)
A person—
(a)
granted indefinite leave to enter or remain;
(b)
who—
(i)
is the child of a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse; and
(ii)
on the leave application date, was the child of the person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse;
(c)
who was under 18 on the leave application date;
(d)
who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; and
(e)
who is ordinarily resident in the United Kingdom on the first day of the designated further education course.
(3)
In this paragraph, “leave application date” means the date on which a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse made an application to remain in the United Kingdom on those grounds under the immigration rules.”;
(d)
in the heading to paragraph 4E (persons granted indefinite leave to remain as a bereaved partner)59, at the end, insert “and their children”
;
(e)
paragraph 4E becomes sub-paragraph (1) of that paragraph;
(f)
“(2)
A person—
(a)
granted indefinite leave to remain;
(b)
who—
(i)
is the child of a person granted indefinite leave to remain as a bereaved partner; and
(ii)
on the leave application date, was the child of the person granted indefinite leave to remain as a bereaved partner;
(c)
who was under 18 on the leave application date;
(d)
who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; and
(e)
who is ordinarily resident in the United Kingdom on the first day of the designated further education course.
(3)
In this paragraph, “leave application date” means the date on which a person granted indefinite leave to remain as a bereaved partner made an application to remain in the United Kingdom on those grounds under the immigration rules.”.
Students settled in the United Kingdom28.
(1)
(a)
“(ba)
the student becomes a person described in paragraph 2 of Schedule 1;
(bb)
the student becomes a person described in paragraph 2A of Schedule 1;”;
(b)
“(da)
the student becomes a person described in paragraph 9BB of Schedule 1;”.
(2)
In Schedule 1—
(a)
(b)
in paragraph 2(1)(b), after “United Kingdom”, insert “on the first day of the designated further education course”
.
British citizens of Chagossian descent29.
In Schedule 1, in paragraph 9BB—
(a)
in sub-paragraph (1)—
(i)
at the beginning, insert “Subject to paragraphs (3) and (4), ”
;
(ii)
in paragraph (a), the words from “settled in” become sub-paragraph (i);
(iii)
“or
(ii)
a person who is a British citizen and who—
(aa)
was born in the British Indian Ocean Territory or, prior to 8th November 1965, in those islands designated as the British Indian Ocean Territory on that date; or
(bb)
is a direct descendant of a person who was born in the British Indian Ocean Territory or, prior to 8th November 1965, in those islands designated as the British Indian Ocean Territory on that date;”;
(b)
“(3)
For the purposes of paragraphs (c) and (d) of sub-paragraph (1), a person mentioned in paragraph (a)(ii) of sub-paragraph (1) is treated as being ordinarily resident in the specified British overseas territories in any period before the first day of the designated further education course in which they are not ordinarily resident in the United Kingdom or the Islands.
(4)
Paragraphs (e) and (f) of sub-paragraph (1) do not apply to a person mentioned in paragraph (a)(ii) of that sub-paragraph.”.
CHAPTER 4The Education (Postgraduate Master’s Degree Loans) Regulations 2016
Amendments to the Education (Postgraduate Master’s Degree Loans) Regulations 201630.
Victims of domestic abuse31.
(1)
In regulation 2 (interpretation), in paragraph (1), in the definition of “person granted indefinite leave to remain as a victim of domestic violence or domestic abuse”—
(a)
for “leave to remain”, in both places, substitute “leave to enter or remain”
;
(b)
“(i)
paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse; or
(ii)
where such leave was granted before the coming into force of the Appendix Victim of Domestic Abuse, paragraph 289B (victims of domestic violence), paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse) or paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces);”.
(2)
In both regulation 7(2)(g) and paragraph 4C63 of Schedule 1, in each place it occurs, including in the heading to paragraph 4C of Schedule 1, for “leave to remain”, substitute “leave to enter or remain”
.
Afghan Relocations and Assistance Policy Scheme32.
“(ia)
indefinite leave to enter or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules;”.
Termination of eligible student status33.
In regulation 3—
(a)
“has expired and—
(i)
no further leave to remain has been granted;
(ii)
no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and
(iii)
the person (A or A’s spouse, civil partner, parent or step-parent) whose refugee status has expired has not become a British or Irish citizen,”;
(b)
in paragraph (8B)(b)65, after “has been granted” insert “and that person has not become a British or Irish citizen”
;
(c)
in paragraphs (8C)(b) and (8D)(b)66, after “has been granted” insert “and A has not become a British or Irish citizen”
;
(d)
“has expired and—
(i)
no further leave to remain has been granted;
(ii)
no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and
(iii)
the person (A or A’s spouse, civil partner, parent or step-parent) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen,”;
(e)
in paragraph (8F)(b)68, after “has been granted under those rules” insert “and A has not become a British or Irish citizen”
;
(f)
in paragraph (8G)(b)69, after “has expired” insert “and the person (A or S) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen”
;
(g)
in paragraph (8H)(b)70, after “has been granted” insert “and the person (A or U) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen”
;
(h)
“(8I)
Where—
(a)
the Secretary of State has determined that a person (“A”) is an eligible student by virtue of paragraph 13 of Schedule 1 (long residence) in connection with an application for a postgraduate master’s degree loan for a designated course; and
(b)
as at the day before the relevant day, the period for which A is allowed to stay in the United Kingdom has expired and—
(i)
no further leave to remain has been granted;
(ii)
no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 200271); and(iii)
A has not become a British or Irish citizen,
A’s status as an eligible student terminates immediately before the relevant day.”;
(i)
in paragraph (9)(b)72, after “protected rights” insert “and has not become a British or Irish citizen”
;
(j)
in paragraph (10)(a)73, for “, (8G) and (8H)” substitute “and (8G) to (8I)”
.
Children of persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse or as a bereaved partner34.
(1)
In regulation 7 (students becoming eligible in the course of an academic year)74, in paragraph (2)(g) and (i), after “the student” insert “or the student’s parent”
.
(2)
In Schedule 1—
(a)
in the heading to paragraph 4C (persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse), at the end, insert “and their children”
;
(b)
paragraph 4C becomes sub-paragraph (1) of that paragraph;
(c)
“(2)
A person—
(a)
granted indefinite leave to enter or remain;
(b)
who—
(i)
is the child of a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse; and
(ii)
on the leave application date, was the child of the person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse;
(c)
who was under 18 on the leave application date;
(d)
who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; and
(e)
who is ordinarily resident in England on the course start date.
(3)
In this paragraph, “leave application date” means the date on which a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse made an application to remain in the United Kingdom on those grounds under the immigration rules.”;
(d)
in the heading to paragraph 4E (persons granted indefinite leave to remain as a bereaved partner)75, at the end, insert “and their children”
;
(e)
paragraph 4E becomes sub-paragraph (1) of that paragraph;
(f)
“(2)
A person—
(a)
granted indefinite leave to remain;
(b)
who—
(i)
is the child of a person granted indefinite leave to remain as a bereaved partner; and
(ii)
on the leave application date, was the child of the person granted indefinite leave to remain as a bereaved partner;
(c)
who was under 18 on the leave application date;
(d)
who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; and
(e)
who is ordinarily resident in England on the course start date.
(3)
In this paragraph, “leave application date” means the date on which a person granted indefinite leave to remain as a bereaved partner made an application to remain in the United Kingdom on those grounds under the immigration rules.”.
Students settled in the United Kingdom35.
(1)
In regulation 7 (students becoming eligible in the course of an academic year) in paragraph (2)—
(a)
“(ba)
the student becomes a person described in paragraph 2 of Schedule 1;
(bb)
the student becomes a person described in paragraph 2A of Schedule 1;”;
(b)
“(da)
the student becomes a person described in paragraph 9BB of Schedule 1;”.
(2)
In Schedule 1—
(a)
(b)
in paragraph 2(1)(a)(ii), after “England”, insert “on the first day of the first academic year of the course”
;
(c)
Substitution of amounts36.
In regulation 12 (amount of the postgraduate master’s degree loan), in paragraphs (1) and (2), for “£12,167” substitute “£12,471”
.
British citizens of Chagossian descent37.
In Schedule 1 (eligible students), in paragraph 9BB—
(a)
in sub-paragraph (1)—
(i)
at the beginning, insert “Subject to paragraphs (3) and (4), ”
;
(ii)
in paragraph (a), the words from “settled in” become sub-paragraph (i);
(iii)
“or
(ii)
a person who is a British citizen and who—
(aa)
was born in the British Indian Ocean Territory or, prior to 8th November 1965, in those islands designated as the British Indian Ocean Territory on that date; or
(bb)
is a direct descendant of a person who was born in the British Indian Ocean Territory or, prior to 8th November 1965, in those islands designated as the British Indian Ocean Territory on that date;”;
(b)
“(3)
For the purposes of paragraphs (c) and (d) of sub-paragraph (1), a person mentioned in paragraph (a)(ii) of sub-paragraph (1) is treated as being ordinarily resident in the specified British overseas territories in any period before the first day of the first academic year of the course in which they are not ordinarily resident in the United Kingdom or the Islands.
(4)
Paragraphs (e) and (f) of sub-paragraph (1) do not apply to a person mentioned in paragraph (a)(ii) of that sub-paragraph.”.
CHAPTER 5The Higher Education (Fee Limit Condition) (England) Regulations 2017
Amendment of the Higher Education (Fee Limit Condition) (England) Regulations 201738.
Victims of domestic abuse39.
(1)
(a)
for “leave to remain”, in both places, substitute “leave to enter or remain”
;
(b)
“(aa)
paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse; or
(bb)
where such leave was granted before the coming into force of the Appendix Victim of Domestic Abuse, paragraph 289B (victims of domestic violence), paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse) or paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces);”.
(2)
In both regulation 6(2)(j) (effect of event during academic year) and paragraph 5C80 of the Schedule (persons granted indefinite leave to remain as a victim of domestic violence or domestic abuse), in each place it occurs, including in the heading to paragraph 5C of the Schedule, for “leave to remain”, substitute “leave to enter or remain”
.
Afghan Relocations and Assistance Policy Scheme40.
“(ia)
indefinite leave to enter or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules;”.
Eligibility for fee caps in certain circumstances where leave to remain expired41.
“(6A)
For the purposes of this regulation, where—
(a)
a person becomes, after the course start date or on the first day of an academic year of the course, a person who no longer falls within a paragraph of the Schedule as a result of that person’s leave to remain, or the leave to remain of that person’s spouse, civil partner or parent, as the case may be, having expired; and
(b)
further leave to remain has been granted or the person whose leave to remain has expired has become a British or Irish citizen,
the person who would otherwise no longer fall within a paragraph of the Schedule is to be treated as falling within the paragraph of the Schedule in which they previously fell for the remainder of the duration of the course.”.
Qualified teacher learning and skills status42.
In regulation 5 (qualifying person: exceptions)—
(a)
“(1A)
A person is not a qualifying person if—
(a)
the current course is a course falling within regulation 2(1ZA)(e), (f), (g), (h) or (i) of the Education (Student Support) Regulations 2011; and
(b)
the person has completed a previous course falling within regulation 2(1ZA)(e), (f), (g), (h) or (i) of those Regulations and achieved the intended qualification.”;
(b)
(c)
Students settled in the United Kingdom43.
(1)
In regulation 6 (qualifying person: effect of event during academic year), in paragraph (2)—
(a)
“(da)
the student becomes a person described in paragraph 3 in Part 2 of the Schedule;
(db)
the student becomes a person described in paragraph 3A in Part 2 of the Schedule;”;
(b)
“(ga)
the student becomes a person described in paragraph 10C in Part 2 of the Schedule;”.
(2)
In the Schedule—
(a)
(b)
in paragraph 3(1)(b), after “United Kingdom”, insert “on the first day of the first academic year of the course”
;
(c)
Children of persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse or as a bereaved partner44.
(1)
In regulation 6 (qualifying person: effect of event during academic year), in paragraph (2)(j) and (l)85, after “the student” insert “or the student’s parent”
.
(2)
In the Schedule—
(a)
in the heading to paragraph 5C (persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse), at the end, insert “and their children”
;
(b)
paragraph 5C becomes sub-paragraph (1) of that paragraph;
(c)
“(2)
A person—
(a)
granted indefinite leave to enter or remain;
(b)
who—
(i)
is the child of a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse; and
(ii)
on the leave application date, was the child of the person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse;
(c)
who was under 18 on the leave application date;
(d)
who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; and
(e)
who is ordinarily resident in the United Kingdom on the course start date.
(3)
In this paragraph, “leave application date” means the date on which a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse made an application to remain in the United Kingdom on those grounds under the immigration rules.”;
(d)
in the heading to paragraph 5E86 (persons granted indefinite leave to remain as a bereaved partner), at the end, insert “and their children”
;
(e)
paragraph 5E becomes sub-paragraph (1) of that paragraph;
(f)
“(2)
A person—
(a)
granted indefinite leave to remain;
(b)
who—
(i)
is the child of a person granted indefinite leave to remain as a bereaved partner; and
(ii)
on the leave application date, was the child of the person granted indefinite leave to remain as a bereaved partner;
(c)
who was under 18 on the leave application date;
(d)
who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; and
(e)
who is ordinarily resident in the United Kingdom on the course start date.
(3)
In this paragraph, “leave application date” means the date on which a person granted indefinite leave to remain as a bereaved partner made an application to remain in the United Kingdom on those grounds under the immigration rules.”.
British citizens of Chagossian descent45.
In the Schedule, in paragraph 10C—
(a)
in sub-paragraph (1)—
(i)
at the beginning, insert “Subject to paragraphs (3) and (4), ”
;
(ii)
after paragraph (a)(i), omit “or”;
(iii)
“or
(iii)
a person who is a British citizen and who—
(aa)
was born in the British Indian Ocean Territory or, prior to 8th November 1965, in those islands designated as the British Indian Ocean Territory on that date; or
(bb)
is a direct descendant of a person who was born in the British Indian Ocean Territory or, prior to 8th November 1965, in those islands designated as the British Indian Ocean Territory on that date;”;
(b)
“(3)
For the purposes of paragraphs (c) and (d) of sub-paragraph (1), a person mentioned in paragraph (a)(iii) of sub-paragraph (1) is treated as being ordinarily resident in the specified British overseas territories in any period before the first day of the first academic year of the course in which they are not ordinarily resident in the United Kingdom or the Islands.
(4)
Paragraph (e) of sub-paragraph (1) does not apply to a person mentioned in paragraph (a)(iii) of that sub-paragraph.”.
CHAPTER 6The Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 2018
Amendment of the Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 201846.
Victims of domestic abuse47.
(1)
In regulation 2 (interpretation), in paragraph (1), in the definition of “person granted indefinite leave to remain as a victim of domestic violence or domestic abuse”—
(a)
for “leave to remain”, in both places, substitute “leave to enter or remain”
;
(b)
“(i)
paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse; or
(ii)
where such leave was granted before the coming into force of the Appendix Victim of Domestic Abuse, paragraph 289B (victims of domestic violence), paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse) or paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces);”.
(2)
In both regulation 7(2)(g) (students becoming eligible in the course of an academic year) and paragraph 5B88 of Schedule 1 (persons granted indefinite leave to remain as a victim of domestic violence or domestic abuse), in each place it occurs, including in the heading to paragraph 5B of Schedule 1, for “leave to remain”, substitute “leave to enter or remain”
.
Afghan Relocations and Assistance Policy Scheme48.
“(ia)
indefinite leave to enter or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules;”.
Termination of eligible student status49.
In regulation 3 (eligible students)—
(a)
“has expired and—
(i)
no further leave to remain has been granted;
(ii)
no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 200290); and(iii)
the person (A or A’s spouse, civil partner, parent or step-parent) whose refugee status has expired has not become a British or Irish citizen,”;
(b)
in paragraph (11B)(b)91, after “has been granted” insert “and that person has not become a British or Irish citizen”
;
(c)
in paragraphs (11C)(b) and (11D)(b)92, after “has been granted” insert “and A has not become a British or Irish citizen”
;
(d)
“has expired and—
(i)
no further leave to remain has been granted;
(ii)
no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and
(iii)
the person (A or A’s spouse, civil partner, parent or step-parent) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen,”;
(e)
in paragraph (11F)(b)94, after “has been granted under those rules” insert “and A has not become a British or Irish citizen”
;
(f)
in paragraph (11G)(b)95, after “has expired” insert “and the person (A or S) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen”
;
(g)
in paragraph (11H)(b)96, after “has been granted” insert “and the person (A or U) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen”
;
(h)
“(11I)
Where—
(a)
the Secretary of State has determined that a person (“A”) is an eligible student by virtue of paragraph 14 of Schedule 1 (long residence) in connection with an application for a postgraduate doctoral degree loan for a designated course; and
(b)
as at the day before the relevant day, the period for which A is allowed to stay in the United Kingdom has expired and—
(i)
no further leave to remain has been granted;
(ii)
no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and
(iii)
A has not become a British or Irish citizen,
A’s status as an eligible student terminates immediately before the relevant day.”;
(i)
in paragraph (12)(b)97, after “protected rights” insert “and has not become a British or Irish citizen”
;
(j)
in paragraph (13)(a)98 for “, (11G) and (11H)” substitute “and (11G) to (11I)”
.
Students settled in the United Kingdom50.
(1)
In regulation 7 (students becoming eligible in the course of an academic year), in paragraph (2)—
(a)
“(ba)
the student becomes a person described in paragraph 2 of Schedule 1;
(bb)
the student becomes a person described in paragraph 2A of Schedule 1;”;
(b)
“(da)
the student becomes a person described in paragraph 10BB of Schedule 1;”.
(2)
In Schedule 1—
(a)
(b)
in paragraph 2(1)(a)(ii), after “England”, insert “on the first day of the first academic year of the course”
;
(c)
Children of persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse or as a bereaved partner51.
(1)
In regulation 7 (students becoming eligible in the course of an academic year)101, in paragraph (2)(g) and (i), after “the student” insert “or the student’s parent”
.
(2)
In Schedule 1—
(a)
in the heading to paragraph 5B (persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse)102, at the end, insert “and their children”
;
(b)
paragraph 5B becomes sub-paragraph (1) of that paragraph;
(c)
“(2)
A person—
(a)
granted indefinite leave to enter or remain;
(b)
who—
(i)
is the child of a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse; and
(ii)
on the leave application date, was the child of the person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse;
(c)
who was under 18 on the leave application date;
(d)
who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; and
(e)
who is ordinarily resident in England on the course start date.
(3)
In this paragraph, “leave application date” means the date on which a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse made an application to remain in the United Kingdom on those grounds under the immigration rules.”;
(d)
in the heading to paragraph 5D (persons granted indefinite leave to remain as a bereaved partner103, at the end, insert “and their children”
;
(e)
paragraph 5D becomes sub-paragraph (1) of that paragraph;
(f)
“(2)
A person—
(a)
granted indefinite leave to remain;
(b)
who—
(i)
is the child of a person granted indefinite leave to remain as a bereaved partner; and
(ii)
on the leave application date, was the child of the person granted indefinite leave to remain as a bereaved partner;
(c)
who was under 18 on the leave application date;
(d)
who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; and
(e)
who is ordinarily resident in England on the course start date.
(3)
In this paragraph, “leave application date” means the date on which a person granted indefinite leave to remain as a bereaved partner made an application to remain in the United Kingdom on those grounds under the immigration rules.”.
Substitution of amounts52.
(1)
In regulation 12 (amount of the postgraduate doctoral degree loan), in paragraph (1)(a) for “£28,673” substitute “£29,390”
.
(2)
In regulation 13 (payment of postgraduate doctoral degree loans), in paragraph (4), for “£12,167” substitute “£12,471”
.
British citizens of Chagossian descent53.
In Schedule 1, in paragraph 10BB—
(a)
in sub-paragraph (1)—
(i)
at the beginning, insert “Subject to paragraphs (3) and (4),”
;
(ii)
in paragraph (a), the words from “settled in” become sub-paragraph (i);
(iii)
“or
(ii)
a person who is a British citizen and who—
(aa)
was born in the British Indian Ocean Territory or, prior to 8th November 1965, in those islands designated as the British Indian Ocean Territory on that date; or
(bb)
is a direct descendant of a person who was born in the British Indian Ocean Territory or, prior to 8th November 1965, in those islands designated as the British Indian Ocean Territory on that date;”;
(b)
“(3)
For the purposes of paragraphs (c) and (d) of sub-paragraph (1), a person mentioned in paragraph (a)(ii) of sub-paragraph (1) is treated as being ordinarily resident in the specified British overseas territories in any period before the first day of the first academic year of the course in which they are not ordinarily resident in the United Kingdom or the Islands.
(4)
Paragraphs (e) and (f) of sub-paragraph (1) do not apply to a person mentioned in paragraph (a)(ii) of that sub-paragraph.”.
CHAPTER 7The Higher Education Short Course Loans Regulations 2022
Amendment of the Higher Education Short Course Loans Regulations 202254.
Victims of domestic abuse55.
(1)
In regulations 2(2)(d) (interpretation) and 7(2)(e) (students who cease to be eligible students before the start of an HE short course) and paragraph 9 of Schedule 1 (persons granted indefinite leave to remain as a victim of domestic violence or domestic abuse), in each place it occurs, including in the heading to paragraph 9 of Schedule 1, for “leave to remain”, substitute “leave to enter or remain”
.
(2)
In Schedule 1, in paragraph 1(1) (interpretation), in the definition of “person granted indefinite leave to remain as a victim of domestic violence or domestic abuse”—
(a)
for “leave to remain”, in both places, substitute “leave to enter or remain”
;
(b)
“(i)
paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse, or
(ii)
where such leave was granted before the coming into force of the Appendix Victim of Domestic Abuse, paragraph 289B (victims of domestic violence), paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse) or paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces),”.
Termination of eligible student status56.
(1)
In regulation 3 (eligible students)—
(a)
in paragraph (5)(c)—
(i)
after paragraph (i), omit “and”;
(ii)
“, and
(iii)
the person (P or R) whose refugee status has expired has not become a British or Irish citizen;”;
(b)
in paragraph (5)(d)—
(i)
after paragraph (i), omit “and”;
(ii)
“, and
(iii)
the person (P or H) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen;”;
(c)
in paragraph (5)(e)—
(i)
after paragraph (i), omit “and”;
(ii)
“, and
(iii)
the person (P or S) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen;”;
(d)
in paragraph (5)(f)—
(i)
after paragraph (i), omit “and”;
(ii)
“, and
(iii)
P has not become a British or Irish citizen;”;
(e)
in paragraph (5)(g), at the end, insert “and has not become a British or Irish citizen”
;
(f)
in paragraph (5)(h)105, at the end, insert “and the person (P or A) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen”
;
(g)
in paragraph (5)(i)106, at the end, insert “and the person (P or U) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen”
;
(h)
“(j)
where the Secretary of State determined that P was an eligible student in connection with the reference course by virtue of paragraph 25 of Schedule 1 (long residence), the period for which P is allowed to stay in the United Kingdom has expired and P has not become a British or Irish citizen.”.
(2)
In regulation 6 (students who cease to be eligible students before the start of an HE short course)—
(a)
“has expired and—
(i)
no further leave to remain has been granted,
(ii)
no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002), and
(iii)
the person (P or P’s spouse, civil partner, parent or step-parent) whose refugee status has expired has not become a British or Irish citizen.”;
(b)
in paragraph (3)(b), after “has been granted” insert “and the person (P or P’s spouse, civil partner, parent or step-parent) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen.”
;
(c)
in paragraphs (4)(b) and (5)(b) after “has been granted” insert “and P has not become a British or Irish citizen”
;
(d)
“has expired and—
(i)
no further leave to remain has been granted,
(ii)
no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002), and
(iii)
the person (P or P’s spouse, civil partner, parent or step-parent) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen.”;
(e)
in paragraph (7)(b), after “has been granted under those rules” insert “and P has not become a British or Irish citizen”
;
(f)
in paragraph (8)(b), after “protected rights” insert “and P has not become a British or Irish citizen”
;
(g)
in paragraph (9)(b), for “P is allowed to stay in the United Kingdom has expired” substitute “the person granted leave under one of the Afghan schemes is allowed to stay in the United Kingdom has expired and that person has not become a British or Irish citizen.”
;
(h)
in paragraph (9A)(b)107, for “P is allowed to stay in the United Kingdom has expired” substitute “the person granted leave under one of the Ukraine schemes is allowed to stay in the United Kingdom has expired and that person has not become a British or Irish citizen.”
;
(i)
“(9B)
This paragraph applies in relation to a person (“P”) if—
(a)
the Secretary of State has determined that, by virtue of being a person granted leave under paragraph 25 of Schedule 1 (long residence), P is an eligible student in connection with an application for an HESC loan for the relevant course, and
(b)
as at the day before the current course begins, the period P is allowed to stay in the United Kingdom has expired and—
(i)
no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and
(ii)
P has not become a British or Irish citizen.”.
Children of persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse or as a bereaved partner57.
(1)
In regulation 7 (students becoming eligible after the start of an HE short course), in paragraph (2)(e) and (f), after “the student” insert “or the student’s parent”
.
(2)
In Schedule 1—
(a)
in the heading to paragraph 9 (persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse), at the end, insert “and their children”
;
(b)
paragraph 9 becomes sub-paragraph (1) of that paragraph;
(c)
“(2)
A person—
(a)
granted indefinite leave to enter or remain;
(b)
who—
(i)
is the child of a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse; and
(ii)
on the leave application date, was the child of the person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse;
(c)
who was under 18 on the leave application date;
(d)
who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; and
(e)
who is ordinarily resident in England on the first day of the HE short course.
(3)
In this paragraph, “leave application date” means the date on which a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse made an application to enter or remain in the United Kingdom on those grounds under the immigration rules.”;
(d)
in the heading to paragraph 11 (persons granted indefinite leave to remain as a bereaved partner), at the end, insert “and their children”
;
(e)
paragraph 11 becomes sub-paragraph (1) of that paragraph;
(f)
“(2)
A person—
(a)
granted indefinite leave to remain;
(b)
who—
(i)
is the child of a person granted indefinite leave to remain as a bereaved partner; and
(ii)
on the leave application date, was the child of the person granted indefinite leave to remain as a bereaved partner;
(c)
who was under 18 on the leave application date;
(d)
who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; and
(e)
who is ordinarily resident in England on the first day of the HE short course.
(3)
In this paragraph, “leave application date” means the date on which a person granted indefinite leave to remain as a bereaved partner made an application to remain in the United Kingdom on those grounds under the immigration rules.”.
Students settled in the United Kingdom58.
(1)
In regulation 7 (students who become eligible students after the start of an HE short course) in paragraph (2)—
(a)
“(ga)
the student becomes a person described in paragraph 3 of Part 2 of Schedule 1;
(gb)
the student becomes a person described in paragraph 4 of Part 2 of Schedule 1;”;
(b)
“(ia)
the student becomes a person described in paragraph 19 of Part 2 of Schedule 1;”.
(2)
In Schedule 1 (eligible students)—
(a)
(b)
in paragraph 3(1)(a)(ii), after “England”, insert “on the first day of the HE short course”
.
Afghan Relocations and Assistance Policy Scheme59.
“(ia)
indefinite leave to enter or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules,”.
British citizens of Chagossian descent60.
In Schedule 1, in paragraph 19—
(a)
in sub-paragraph (1)—
(i)
at the beginning, insert “Subject to paragraphs (3) and (4), ”
;
(ii)
(iii)
“or
(ii)
a person who is a British citizen and who—
(aa)
was born in the British Indian Ocean Territory or, prior to 8th November 1965, in those islands designated as the British Indian Ocean Territory on that date; or
(bb)
is a direct descendant of a person who was born in the British Indian Ocean Territory or, prior to 8th November 1965, in those islands designated as the British Indian Ocean Territory on that date;”;
(b)
“(3)
For the purposes of paragraphs (c) and (d) of sub-paragraph (1), a person mentioned in paragraph (a)(ii) of sub-paragraph (1) is treated as being ordinarily resident in the specified British overseas territories in any period before the first day of the HE short course in which they are not ordinarily resident in the United Kingdom or the Islands.
(4)
Paragraphs (e) and (f) of sub-paragraph (1) do not apply to a person mentioned in paragraph (a)(ii) of that sub-paragraph.”.
PART 4Other Amendments
Removal of fee limits for postgraduate ITT courses leading to qualified teacher status61.
(a)
in paragraph (1A)111 for “Paragraph (2)” substitute “Paragraph (2)(a)”
;
(b)
in paragraph (2)—
(i)
the words from “at the time” to the end become sub-paragraph (a);
(ii)
“; or
(b)
the course is a full-time or part-time postgraduate course of initial teacher training undertaken in England and leading to qualified teacher status in England”.
Definition of course for the initial training of teachers62.
Recognition of initial further education teacher training courses63.
(a)
for “a course is” substitute “a course may only be considered”
;
(b)
after “teacher training course” insert “by the Secretary of State”
.
Eligible part-time students64.
In regulation 144 of the Education (Student Support) Regulations 2011 (fee loans for designated part-time courses beginning on or after 1st September 2012), in paragraph (2) for “A part-time student” substitute “An eligible part-time student”
.
Revocation of legislation relating to mandatory awards65.
(1)
The following instruments are revoked—
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(2)
(3)
(a)
in regulation 2(1)—
(i)
in paragraphs (a) and (b) in the definition of “end-on course” omit “a transitional award,”
(ii)
omit the definitions of “old award” and “transitional award”;
(b)
in regulation 4(3), omit sub-paragraphs (a) and (b).
SCHEDULEAmendments relating to amounts for student support under the Education (Student Support) Regulations 2011
Column 1 (provision in the Regulations) | Column 2 (existing figure) | Column 3 (new figure) |
|---|---|---|
Regulation 41(2)(a) | £26,291 | £26,948 |
Regulation 44(3)(a) | £3,354 | £3,438 |
Regulation 44(3)(b) | £3,354 | £3,438 |
Regulation 45(5)(a) | £188.90 | £193.62 |
Regulation 45(5)(b) | £323.85 | £331.95 |
Regulation 46(2) | £1,915 | £1,963 |
Regulation 47(1B) | £15,453.98 | £15,621.98 |
Regulation 47(2C)(i) | £19,549.79 | £19,795.23 |
Regulation 47(2C)(ii) | £27,958.19 | £28,379.39 |
Regulation 47(3B) | £18,739.98 | £18,835.98 |
Regulation 58(1) | £3,783 | £3,878 |
Regulation 58(5)(a) | £3,783 | £3,878 |
Regulations 58(5)(b) | £50,713 (in both places it occurs) | £50,717 |
Regulation 58(5)(b) | £3,783 | £3,878 |
Regulation 58(5)(b) | £4.11 | £4.01 |
Regulation 58(5)(b) | £34,289 (in both places it occurs) | £34,292 |
Regulation 58(5)(b) | £11.15 | £10.87 |
Regulation 58(5)(c) | £50,713 | £50,717 |
Regulation 59(1) | £4,121 | £4,224 |
Regulation 59(2)(a) | £4,121 | £4,224 |
Regulation 59(2)(b) | £42,738 | £42,736 |
Regulation 59(2)(b) | £4,121 | £4,224 |
Regulation 59(2)(b) | £4.357 | £4.249 |
Regulation 59(2)(c) | £42,738 | £42,736 |
Regulation 60(1) | £3,783 | £3,878 |
Regulation 60(5)(a) | £3,783 | £3,878 |
Regulation 60(5)(b) | £39,583 (in both places it occurs) | £39,587 |
Regulation 60(5)(b) | £3,783 | £3,878 |
Regulation 60(5)(b) | £4.58 | £4.47 |
Regulation 60(5)(b) | £28,107 (in both places it occurs) | £28,114 |
Regulation 60(5)(b) | £7.15 | £6.97 |
Regulation 60(5)(c) | £39,583 | £39,587 |
Regulation 63(1) | £3,783 | £3,878 |
Regulation 63(5)(a) | £3,783 | £3,878 |
Regulation 63(5)(b) | £50,713 (in both places it occurs) | £50,717 |
Regulation 63(5)(b) | £3,783 | £3,878 |
Regulation 63(5)(b) | £4.11 | £4.01 |
Regulation 63(5)(b) | £34,289 (in both places it occurs) | £34,292 |
Regulation 63(5)(b) | £11.15 | £10.87 |
Regulation 63(5)(c) | £50,713 | £50,717 |
Regulation 64(1) | £4,121 | £4,224 |
Regulation 64(2)(a) | £4,121 | £4,224 |
Regulation 64(2)(b) | £42,738 | £42,736 |
Regulation 64(2)(b) | £4,121 | £4,224 |
Regulation 64(2)(b) | £4.357 | £4.249 |
Regulation 64(2)(c) | £42,738 | £42,736 |
Regulation 65(1) | £3,783 | £3,878 |
Regulation 65(5)(a) | £3,783 | £3,878 |
Regulation 65(5)(b) | £39,583 (in both places it occurs) | £39,587 |
Regulation 65(5)(b) | £3,783 | £3,878 |
Regulation 65(5)(b) | £4.58 | £4.47 |
Regulation 65(5)(b) | £28,107 (in both places it occurs) | £28,114 |
Regulation 65(5)(b) | £7.15 | £6.97 |
Regulation 65(5)(c) | £39,583 | £39,587 |
Regulation 68(b)(i) | £1,655 | £1,696 |
Regulation 68(b)(ii) | £1,655 (in both places it occurs) | £1,696 |
Regulation 74(2)(i) | £4,992 | £5,117 |
Regulation 74(2)(ii) | £9,009 | £9,234 |
Regulation 74(2)(iii) | £7,664 | £7,856 |
Regulation 74(2)(iv) | £6,438 | £6,599 |
Regulation 74(2) (words after sub-paragraph (iv)) | £3.90 | £3.81 |
Regulation 74(3)(i) | £4,528 | £4,641 |
Regulation 74(3)(ii) | £8,202 | £8,407 |
Regulation 74(3)(iii) | £6,665 | £6,832 |
Regulation 74(3)(iv) | £5,957 | £6,106 |
Regulation 74(3) (words after sub-paragraph (iv)) | £3.90 | £3.81 |
Regulation 74(6) | £50,713 | £50,717 |
Regulation 74(6)(a) | £4,992 | £5,117 |
Regulation 74(6)(b) | £9,009 | £9,234 |
Regulation 74(6)(c) | £7,664 | £7,856 |
Regulation 74(6)(d) | £6,438 | £6,599 |
Regulation 74(7) | £50,713 | £50,717 |
Regulation 74(7)(a) | £4,528 | £4,641 |
Regulation 74(7)(b) | £8,202 | £8,407 |
Regulation 74(7)(c) | £6,665 | £6,832 |
Regulation 74(7)(d) | £5,957 | £6,106 |
Regulation 74(8) | £50,713 | £50,717 |
Regulation 74(8)(i) | £4,992 | £5,117 |
Regulation 74(8)(ii) | £9,009 | £9,234 |
Regulation 74(8)(iii) | £7,664 | £7,856 |
Regulation 74(8)(iv) | £6,438 | £6,599 |
Regulation 74(9) | £50,713 | £50,717 |
Regulation 74(9)(i) | £4,528 | £4,641 |
Regulation 74(9)(ii) | £8,202 | £8,407 |
Regulation 74(9)(iii) | £6,665 | £6,832 |
Regulation 74(9)(iv) | £5,957 | £6,106 |
Regulation 76(2)(i) | £5,689 | £5,831 |
Regulation 76(2)(ii) | £9,980 | £10,230 |
Regulation 76(2)(iii) | £8,498 | £8,710 |
Regulation 76(2)(iv) | £7,153 | £7,332 |
Regulation 76(2) (words after sub-paragraph (iv)) | £7.72 | £7.53 |
Regulation 76(3)(i) | £5,226 | £5,357 |
Regulation 76(3)(ii) | £9,090 | £9,317 |
Regulation 76(3)(iii) | £7,386 | £7,571 |
Regulation 76(3)(iv) | £6,651 | £6,817 |
Regulation 76(3) (words after sub-paragraph (iv)) | £7.72 | £7.53 |
Regulation 76(6) | £42,738 | £42,736 |
Regulation 76(6)(a) | £5,689 | £5,831 |
Regulation 76(6)(b) | £9,980 | £10,230 |
Regulation 76(6)(c) | £8,498 | £8,710 |
Regulation 76(6)(d) | £7,153 | £7,332 |
Regulation 76(7) | £42,738 | £42,736 |
Regulation 76(7)(a) | £5,226 | £5,357 |
Regulation 76(7)(b) | £9,090 | £9,317 |
Regulation 76(7)(c) | £7,386 | £7,571 |
Regulation 76(7)(d) | £6,651 | £6,817 |
Regulation 76(8) | £42,738 | £42,736 |
Regulation 76(8)(i) | £5,689 | £5,831 |
Regulation 76(8)(ii) | £9,980 | £10,230 |
Regulation 76(8)(iii) | £8,498 | £8,710 |
Regulation 76(8)(iv) | £7,153 | £7,332 |
Regulation 76(9) | £42,738 | £42,736 |
Regulation 76(9)(i) | £5,226 | £5,357 |
Regulation 76(9)(ii) | £9,090 | £9,317 |
Regulation 76(9)(iii) | £7,386 | £7,571 |
Regulation 76(9)(iv) | £6,651 | £6,817 |
Regulation 77(2)(i) | £4,775 | £4,894 |
Regulation 77(2)(ii) | £8,640 | £8,856 |
Regulation 77(2)(iii) | £7,350 | £7,534 |
Regulation 77(2)(iv) | £6,170 | £6,324 |
Regulation 77(3)(i) | £4,313 | £4,421 |
Regulation 77(3)(ii) | £7,865 | £8,062 |
Regulation 77(3)(iii) | £6,391 | £6,551 |
Regulation 77(3)(iv) | £5,707 | £5,850 |
Regulation 80(1)(a)(i) | £1,955 | £2,004 |
Regulation 80(1)(a)(ii) | £3,658 | £3,749 |
Regulation 80(1)(a)(iii) | £2,605 | £2,670 |
Regulation 80(1)(b)(i) | £2,267 | £2,324 |
Regulation 80(1)(b)(ii) | £4,244 | £4,350 |
Regulation 80(1)(b)(iv) | £3,022 | £3,098 |
Regulation 80(1)(c)(i) | £3,579 | £3,668 |
Regulation 80(1)(c)(ii) | £6,479 | £6,641 |
Regulation 80(1)(c)(iii) | £5,514 | £5,652 |
Regulation 80(1)(c)(iv) | £4,627 | £4,743 |
Regulation 80(1)(d)(i) | £3,594 | £3,684 |
Regulation 80(1)(d)(ii) | £6,487 | £6,649 |
Regulation 80(1)(d)(iii) | £5,518 | £5,656 |
Regulation 80(1)(d)(iv) | £4,635 | £4,751 |
Regulation 80(1)(e)(i) | £3,698 | £3,790 |
Regulation 80(1)(e)(ii) | £6,487 | £6,649 |
Regulation 80(1)(e)(iii) | £5,526 | £5,664 |
Regulation 80(1)(e)(iv) | £4,653 | £4,769 |
Regulation 80(1)(f)(i) | £3,698 | £3,790 |
Regulation 80(1)(f)(ii) | £6,485 | £6,647 |
Regulation 80(1)(f)(iii) | £5,524 | £5,662 |
Regulation 80(1)(f)(iv) | £4,651 | £4,767 |
Regulation 80(2)(a)(i) | £1,483 | £1,520 |
Regulation 80(2)(a)(ii) | £2,800 | £2,870 |
Regulation 80(2)(a)(iii) | £2,030 | £2,081 |
Regulation 80(2)(b)(i) | £1,722 | £1,765 |
Regulation 80(2)(b)(ii) | £3,246 | £3,327 |
Regulation 80(2)(b)(iv) | £2,356 | £2,415 |
Regulation 80(2)(c)(i) | £3,237 | £3,318 |
Regulation 80(2)(c)(ii) | £5,900 | £6,048 |
Regulation 80(2)(c)(iii) | £4,794 | £4,914 |
Regulation 80(2)(c)(iv) | £4,282 | £4,389 |
Regulation 80(2)(d)(i) | £3,261 | £3,343 |
Regulation 80(2)(d)(ii) | £5,905 | £6,053 |
Regulation 80(2)(d)(iii) | £4,798 | £4,918 |
Regulation 80(2)(d)(iv) | £4,291 | £4,398 |
Regulation 80(2)(e)(i) | £3,397 | £3,482 |
Regulation 80(2)(e)(ii) | £5,908 | £6,056 |
Regulation 80(2)(e)(iii) | £4,801 | £4,921 |
Regulation 80(2)(e)(iv) | £4,325 | £4,433 |
Regulation 80(2)(f)(i) | £3,397 | £3,482 |
Regulation 80(2)(f)(ii) | £5,908 | £6,056 |
Regulation 80(2)(f)(iii) | £4,800 | £4,920 |
Regulation 80(2)(f)(iv) | £4,324 | £4,432 |
Regulation 80A(2)(i) (first place paragraph (i) occurs) | £8,400 | £8,610 |
Regulation 80A(2)(ii) (first place paragraph (ii) occurs) | £13,022 | £13,348 |
Regulation 80A(2)(iii) (first place paragraph (iii) occurs) | £11,427 | £11,713 |
Regulation 80A(2)(iv) (first place paragraph (iv) occurs) | £9,978 | £10,227 |
Regulation 80A(2)(i) (second place paragraph (i) occurs) | £7.08 | £6.91 |
Regulation 80A(2)(ii) (second place paragraph (ii) occurs) | £6.89 | £6.73 |
Regulation 80A(2)(iii) (second place paragraph (iii) occurs) | £6.94 | £6.78 |
Regulation 80A(2)(iv) (second place paragraph (iv) occurs) | £7.01 | £6.84 |
Regulation 80A(3)(i) (first place paragraph (i) occurs) | £7,904 | £8,102 |
Regulation 80A(3)(ii) (first place paragraph (ii) occurs) | £12,065 | £12,367 |
Regulation 80A(3)(iii) (first place paragraph (iii) occurs) | £10,229 | £10,485 |
Regulation 80A(3)(iv) (first place paragraph (iv) occurs) | £9,436 | £9,672 |
Regulation 80A(3)(i) (second place paragraph (i) occurs) | £7.08 | £6.91 |
Regulation 80A(3)(ii) (second place paragraph (ii) occurs) | £6.89 | £6.73 |
Regulation 80A(3)(iii) (second place paragraph (iii) occurs) | £6.94 | £6.78 |
Regulation 80A(3)(iv) (second place paragraph (iv) occurs) | £7.01 | £6.84 |
Regulation 80B(2)(i) (first place paragraph (i) occurs) | £9,910 | £10,158 |
Regulation 80B(2)(ii) (first place paragraph (ii) occurs) | £14,202 | £14,557 |
Regulation 80B(2)(iii) (first place paragraph (iii) occurs) | £12,720 | £13,038 |
Regulation 80B(2)(iv) (first place paragraph (iv) occurs) | £11,374 | £11,658 |
Regulation 80B(2)(i) (second place paragraph (i) occurs) | £4.431 | £4.323 |
Regulation 80B(2)(ii) (second place paragraph (ii) occurs) | £4.736 | £4.624 |
Regulation 80B(2)(iii) (second place paragraph (iii) occurs) | £4.621 | £4.512 |
Regulation 80B(2)(iv) (second place paragraph (iv) occurs) | £4.531 | £4.42 |
Regulation 80B(2)(i) (third place paragraph (i) occurs) | £7.08 | £6.91 |
Regulation 80B(2)(ii) (third place paragraph (ii) occurs) | £6.89 | £6.73 |
Regulation 80B(2)(iii) (third place paragraph (iii) occurs) | £6.94 | £6.78 |
Regulation 80B(2)(iv) (third place paragraph (iv) occurs) | £7.01 | £6.84 |
Regulation 80B(3)(a) | £5,689 | £5,831 |
Regulation 80B(3)(b) | £9,981 | £10,230 |
Regulation 80B(3)(c) | £8,499 | £8,711 |
Regulation 80B(3)(d) | £7,153 | £7,331 |
Regulation 80B(4)(i) (first place paragraph (i) occurs) | £9,448 | £9,684 |
Regulation 80B(4)(ii) (first place paragraph (ii) occurs) | £13,310 | £13,643 |
Regulation 80B(4)(iii) (first place paragraph (iii) occurs) | £11,606 | £11,896 |
Regulation 80B(4)(iv) (first place paragraph (iv) occurs) | £10,872 | £11,144 |
Regulation 80B(4)(i) (second place paragraph (i) occurs) | £4.394 | £4.288 |
Regulation 80B(4)(ii) (second place paragraph (ii) occurs) | £4.656 | £4.546 |
Regulation 80B(4)(iii) (second place paragraph (iii) occurs) | £4.523 | £4.416 |
Regulation 80B(4)(iv) (second place paragraph (iv) occurs) | £4.485 | £4.375 |
Regulation 80B(4)(i) (third place paragraph (i) occurs) | £7.08 | £6.91 |
Regulation 80B(4)(ii) (third place paragraph (ii) occurs) | £6.89 | £6.73 |
Regulation 80B(4)(iii) (third place paragraph (iii) occurs) | £6.94 | £6.78 |
Regulation 80B(4)(iv) (third place paragraph (iv) occurs) | £7.01 | £6.84 |
Regulation 80B(5)(a) | £5,227 | £5,357 |
Regulation 80B(5)(b) | £9,089 | £9,316 |
Regulation 80B(5)(c) | £7,385 | £7,569 |
Regulation 80B(5)(d) | £6,651 | £6,817 |
Regulation 80C(2) | £4,221 | £4,327 |
Regulation 80C(2) | £4.51 | £4.40 |
Regulation 81(5)(a) | £71 | £73 |
Regulation 81(5)(b) | £138 | £141 |
Regulation 81(5)(c) | £148 | £152 |
Regulation 81(5)(d) | £107 | £110 |
Regulation 87(4)(a) | £71 | £73 |
Regulation 87(4)(b) | £138 | £141 |
Regulation 87(4)(c) | £148 | £152 |
Regulation 87(4)(d) | £107 | £110 |
Regulation 105(1)(a) | £3,579 | £3,668 |
Regulation 105(1)(b) | £6,479 | £6,641 |
Regulation 105(1)(c) | £5,514 | £5,652 |
Regulation 105(1)(d) | £4,627 | £4,743 |
Regulation 105(2)(a) | £3,237 | £3,318 |
Regulation 105(2)(b) | £5,900 | £6,048 |
Regulation 105(2)(c) | £4,794 | £4,914 |
Regulation 105(2)(d) | £4,282 | £4,389 |
Regulation 105(3)(a) | £3,594 | £3,684 |
Regulation 105(3)(b) | £6,487 | £6,649 |
Regulation 105(3)(c) | £5,518 | £5,656 |
Regulation 105(3)(d) | £4,635 | £4,751 |
Regulation 105(4)(a) | £3,261 | £3,343 |
Regulation 105(4)(b) | £5,905 | £6,053 |
Regulation 105(4)(c) | £4,798 | £4,918 |
Regulation 105(4)(d) | £4,291 | £4,398 |
Regulation 105(5)(a) | £3,698 | £3,790 |
Regulation 105(5)(b) | £6,487 | £6,649 |
Regulation 105(5)(c) | £5,526 | £5,664 |
Regulation 105(5)(d) | £4,653 | £4,769 |
Regulation 105(6)(a) | £3,397 | £3,482 |
Regulation 105(6)(b) | £5,908 | £6,056 |
Regulation 105(6)(c) | £4,801 | £4,921 |
Regulation 105(6)(d) | £4,325 | £4,433 |
Regulation 105(6A)(a) | £3,698 | £3,790 |
Regulation 105(6A)(b) | £6,485 | £6,647 |
Regulation 105(6A)(c) | £5,524 | £5,662 |
Regulation 105(6A)(d) | £4,651 | £4,767 |
Regulation 105(6B)(a) | £3,397 | £3,482 |
Regulation 105(6B)(b) | £5,908 | £6,056 |
Regulation 105(6B)(c) | £4,800 | £4,920 |
Regulation 105(6B)(d) | £4,324 | £4,432 |
Regulation 105(6C)(a) | £3,698 | £3,790 |
Regulation 105(6C)(b) | £6,485 | £6,647 |
Regulation 105(6C)(c) | £5,524 | £5,662 |
Regulation 105(6C)(d) | £4,651 | £4,767 |
Regulation 105(6D)(a) | £3,397 | £3,482 |
Regulation 105(6D)(b) | £5,908 | £6,056 |
Regulation 105(6D)(c) | £4,800 | £4,920 |
Regulation 105(6D)(d) | £4,324 | £4,432 |
Regulation 147(6)(a) | £26,291 | £26,948 |
Regulation 157G(1)(a) (first place paragraph (a) occurs) | £8,400 | £8,610 |
Regulation 157G(1)(b) (first place paragraph (b) occurs) | £13,022 | £13,348 |
Regulation 157G(1)(c) (first place paragraph (c) occurs) | £11,427 | £11,713 |
Regulation 157G(1)(d) (first place paragraph (d) occurs) | £9,978 | £10,227 |
Regulation 157G(1)(a) (second place paragraph (a) occurs) | £7.08 | £6.91 |
Regulation 157G(1)(b) (second place paragraph (b) occurs) | £6.89 | £6.73 |
Regulation 157G(1)(c) (second place paragraph (c) occurs) | £6.94 | £6.78 |
Regulation 157G(1)(d) (second place paragraph (d) occurs) | £7.01 | £6.84 |
Regulation 157G(3) | £4,221 | £4,327 |
Regulation 157H(3) | £4,221 | £4,327 |
Regulation 157J(1)(a) | £3,698 | £3,790 |
Regulation 157J(1)(b) | £6,485 | £6,647 |
Regulation 157J(1)(c) | £5,524 | £5,662 |
Regulation 157J(1)(d) | £4,651 | £4,767 |
Regulation 166(2)(a) | £26,291 | £26,948 |
Schedule 4, Paragraph 9A(2)(a)(i) | £7.08 | £6.91 |
Schedule 4, Paragraph 9A(2)(a)(i) | £2,524 | £2,586 |
Schedule 4, Paragraph 9A(2)(a)(ii) | £6.89 | £6.73 |
Schedule 4, Paragraph 9A(2)(a)(ii) | £2,594 | £2,656 |
Schedule 4, Paragraph 9A(2)(a)(iii) | £6.94 | £6.78 |
Schedule 4, Paragraph 9A(2)(a)(iii) | £2,575 | £2,636 |
Schedule 4, Paragraph 9A(2)(a)(iv) | £7.01 | £6.84 |
Schedule 4, Paragraph 9A(2)(a)(iv) | £2,549 | £2,613 |
Schedule 4, Paragraph 9A(3)(a)(i) | £7.08 | £6.91 |
Schedule 4, Paragraph 9A(3)(a)(ii) | £6.89 | £6.73 |
Schedule 4, Paragraph 9A(3)(a)(iii) | £6.94 | £6.78 |
Schedule 4, Paragraph 9A(3)(a)(iv) | £7.01 | £6.84 |
These Regulations, which apply in England only, amend various 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 seven 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),
the Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 2018 (S.I. 2018/599), and
the Higher Education Short Course Loans Regulations 2022 (S.I. 2022/349).
These Regulations come into force on 15th February 2024, however regulation 2 provides that some of the amendments made by these Regulations apply only in relation to new courses (beginning on or after 1st August 2024), or new academic years (beginning on or after 1st August 2024).
Part 2 amends the Student Support Regulations in order to:
amend the definition of “person granted indefinite leave to remain as a victim of domestic violence or abuse” to align with changes made to the immigration rules, to include persons granted indefinite leave to enter as a result of being a victim of transnational marriage abandonment;
amend the reference to the relevant paragraph in Appendix Afghan Relocation and Assistance Policy of the immigration rules to describe the way indefinite leave to enter or remain is given under that paragraph;
remove obsolete references to qualified teacher and learning skills status and related provisions;
make provision so that children granted indefinite leave to enter or remain on the basis that their parent has been granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse or indefinite leave to remain as a bereaved partner are eligible for student support on that basis and have the same test of ordinary residence as their parent;
provide for persons in the student eligibility categories set out in paragraphs 2, 2A and 9BB of Schedule 1 to the Student Support Regulations (which require a student to have settled status) to become eligible for student support when they acquire their settled status during the course of an academic year. The requirement to be settled in the United Kingdom on the first day of the first academic year of the course, or on the course start date as appropriate, is removed and the acquisition of settled status becomes an in-year qualifying event for access to student support for students in these categories;
ensure that students who acquire British or Irish citizenship during the course of an academic year do not lose their status as students eligible for financial support;
provide for students whose leave to remain expires but who are granted further leave to remain or who become British or Irish citizens remain able to access student support for the remainder of their course;
include termination provisions so that persons who are granted student support under the long residence category but whose leave to enter or remain in the United Kingdom has expired and who have not been granted further leave to remain do not retain their status as students eligible for financial support;
clarify references to part-time courses in regulations 144 and 157B of those Regulations;
correct an error in regulation 159(16B) of those Regulations;
make provision for British citizens of Chagossian descent to access student support;
substitute new payment rates of financial support for students (the current and new figures are set out in the table in the Schedule).
Part 3 makes corresponding amendments to the related Regulations. These amendments include amendments to the Education (Fee and Awards) (England) Regulations 2007 (S.I. 2007/779) and the Higher Education (Fee Limit Condition) Regulations 2017 (S.I. 2017/1189) to provide that students who acquire settled status during the course of an academic year have home fee status and fee caps (for the purpose of charging tuition fees) in that academic year and future years.
Part 4 amends the Higher Education (Fee Limit Condition) (England) Regulations 2017 to remove fee limits from postgraduate initial teacher training courses leading to qualified teacher status. It also amends regulation 2B(2) of the Student Support Regulations 2011 to ensure that students meeting the occupational standard for a learning and skills teacher is a required condition when the Secretary of State is forming a view as to whether a course should be listed as an initial further education teacher training course, rather than the only consideration. Part 4 also revokes legislation and related references relating to mandatory awards, which are now obsolete and makes additional minor amendments.
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.