The Education (Student Fees and Support) (Amendment) (No.2) Regulations (Northern Ireland) 2021

Amendment of Part 13

12.  Part 13 (Master’s, etc. fee loan) is amended as follows—

(a) in regulation 149(1) (eligible Master’s, etc. students)—

(i) for paragraph (2), substitute—

“(2) Subject to the following provisions of this regulation, a person is an eligible Master’s, etc. student in connection with a designated Master’s, etc. course if in assessing that person’s application for support the Department determines that the person falls within one of the categories set out—

(a) in paragraphs 2, 2A, 3, 4, 4A, 4B, 4C, 4D, 4E, 4F, 5, 6A, 6B, 7A, 8A, 9A, 9B, 9C, 9D, 10A, 11A, 12A and 13 in Part 2 of Schedule 2; or

(b) in paragraphs 6, 7, 8, 9, 10, 11 and 12 in Part 2 of Schedule 2 where paragraph (2A) applies.

(2A) This paragraph applies where—

(a) in connection with a designated Master’s, etc. course beginning before 1st August 2021, the Department—

(i) in assessing an application for support by a person (“A”) determined that A fell within one of the categories set out in paragraphs 6, 7, 8, 9, 10, 11 and 12 in Part 2 of Schedule 2 in relation to an academic year of the course beginning before 1st August 2021; or

(ii) would have so determined had A made an application for support in accordance with this Part in relation to an academic year of the course beginning before that date; and

(b) A applies for support in connection with that course or a designated Master’s, etc. course to which A’s status as an eligible Master’s, etc. student is transferred from that course in accordance with this Part.

(2B) In connection with a designated Master’s, etc. course beginning on or after 1st January 2028, paragraph (2) has effect as if paragraphs 8A, 9B and 9D were omitted.”;

(ii) after paragraph (12), insert—

“(12A) Where—

(a) the Department determined that, by virtue of being a person with protected rights with limited leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules, a person (“A”) was an eligible Master’s, etc. student in connection with—

(i) an application for support for an earlier year of the current Master’s, etc. course; or

(ii) an application for support in connection with another designated Master’s, etc. course from which A’s status as an eligible Master’s, etc. student has been transferred to the current Master’s, etc. course; and

(b) as at the day before the academic year in respect of which A is applying for support begins, A no longer has extant limited leave to enter or remain granted by virtue of residence scheme immigration rules and no further leave to enter or remain has been granted under those rules,

A’s status as an eligible Master’s, etc. student terminates immediately before the first day of the academic year in respect of which A is applying for support.

(12B) Where—

(a) the Department determined, that by virtue of—

(i) falling within paragraph (a)(iii) of the definition of “person with protected rights”; or

(ii) meeting the conditions in paragraph 3(1)(a)(iii) in Part 2 of Schedule 2, a person (“A”) is an eligible student in connection with an application for support for an academic year of a designated Master’s, etc. course; and

(b) as at the day before the academic year begins A is not a person with protected rights,

A’s status as an eligible Master’s, etc. student terminates immediately before the first day of the academic year in respect of which A is applying for support.

(12C) Where—

(a) the Department determined that, by virtue of—

(i) falling within paragraph (a)(iv) of the definition of “person with protected rights”; or

(ii) meeting the conditions in paragraph 3(1)(a)(iv) in Part 2 of Schedule 2, a person (“A”) is an eligible Master’s, etc. student in connection with an application for support for an academic year of a designated Master’s, etc. course;

(b) as at the day before the academic year begins, the relevant period has expired and A is not a person with protected rights,

A’s status as an eligible Master’s, etc. student terminates immediately before the first day of the academic year in respect of which A is applying for support.”;

(b) in regulation 151(2) (events)—

(i) omit paragraph (c);

(ii) for paragraph (d) substitute—

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

(iii) for paragraph (f), substitute—

“(f) where regulation 149(2A)(a) applies, the person becomes a person described in paragraph 12(a) of Schedule 2;”;

(iv) in paragraph (g), after “described in”, insert “paragraph 6A(1)(a) or 6B(1)(a) of Schedule 2 or, where regulation 149(2A)(a) applies, in”;

(v) for paragraph (h), substitute—

“(h) the student becomes a person described in paragraph 11A(a) of Schedule 2 or, where regulation 149(2A)(a) applies, in paragraph 11(a) of Schedule 2;”;

(vi) omit the “or” at the end of paragraph (k);

(vii) at the end of paragraph (l) insert “or”;

(viii) after paragraph (l), insert—

“(m) the student becomes a person described in paragraph 9B(1)(a)(ii) of Schedule 2.”.

(1)

Regulation 149 was amended by S.Rs 2017 Nos. 7 and 43, 2018 No. 35 and 2020 No. 79

(2)

Regulation 151 was inserted by S.Rs 2017 No. 7 and 2019 No. 35