The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2022

PART 1

Introductory

Citation, commencement and application

1.—(1) These Regulations may be cited as the Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2022.

(2) These Regulations come into operation on 24th March 2022.

(3) The following provisions apply in relation to the provision of support to a student in relation to an academic year which begins on or after 1st August 2022, whether or not anything done under these Regulations is done before, on or after that date—

(a) regulations 18 to 24;

(b) regulation 59 and Schedule.

(4) The following provisions apply in relation to the provision of support to a student in relation to a course which begins on or after 1st August 2022, whether or not anything done under these Regulations is done before, on or after that date—

(a) regulations 25(a) and (c)(ii), 26(a), 27(a), 28(a), 29(a), 30(a) and 31(a)(i);

(b) regulations 33 to 55.

(5) In paragraph (3) an “academic year” is the period of twelve months beginning with 1st January, 1st April, 1st July or 1st September of the calendar year in which the academic year of the course in question begins, according to whether the academic year of the course in question begins—

(a) on or after 1st January and before 1st April;

(b) on or after 1st April and before 1st July;

(c) on or after 1st July and before 1st August; or

(d) on or after 1st August and on or before 31st December.

Interpretation

2.  In these Regulations —

(a) “the 2009 Regulations” means the Education (Student Support) (No.2) Regulations (Northern Ireland) 2009(1).

(b) “the 2007 Regulations” means The Student Fees (Qualifying Courses and Persons) Regulations (Northern Ireland) 2007(2).

PART 2

CHAPTER 1 Removal of old system students and college fee loan provisions

Amendments to the 2009 Regulations

3.  In regulation 2 (interpretation)

(a) in paragraph (1)

(i) in the definition of “current system student”, omit paragraph (a) together with the “and” at the end;

(ii) omit the following definitions—

(aa) “college fee loan”;

(bb) “fee contribution loan”;

(cc) “gap year student”;

(dd) “old system student”;

(ee) “qualifying student”;

(iii) in the definition of “fees” omit “college fees and”;

(iv) in the definition of “fee support” omit “, a fee contribution loan”;

(b) omit paragraph (4);

(c) omit paragraphs (6) to (9).

4.  In regulation 4 (revocations, savings and transitional provisions), omit paragraphs (4) and (5).

5.  In regulation 10(2)(3) (time limits)—

(a) in sub-paragraph (b)—

(i) omit “, a fee contribution loan”;

(ii) omit “or a college fee loan”;

(iii) for “, an additional amount of fee contribution loan under regulation 36(5),” substitute “or”;

(iv) omit “or an additional amount of college fee loan under regulation 85(2)”;

(b) in sub-paragraph (c) omit “an additional amount of fee contribution loan under regulation 36(3),”.

6.  In Part 4 (fee support) omit—

(a) regulation 16 (old system students);

(b) regulations 26 to 34 (grants for old system students);

(c) regulations 35 and 36 (fee contribution loans for old system students).

7.  In Part 5 (grants for living and other costs) omit—

(a) regulation 38 (old system students); and

(b) regulation 61 (qualifying conditions and amounts of the higher education bursary).

8.  In Part 6 (loans for living costs)—

(a) in regulation 62 (interpretation of Part 6) omit paragraph (b);

(b) omit regulation 64 (qualifying conditions for the loan for living costs – old system students);

(c) in regulation 65 (general) in paragraph (1) omit sub-paragraph (b);

(d) omit regulation 68 (old system students with full entitlement);

(e) in regulation 69 (students with reduced entitlement)

(i) omit sub-paragraph (1)(d);

(ii) omit sub-paragraph (2)(d);

(f) in regulation 76 (deductions from loans for living costs), in paragraph (1), omit “or an old system student with full entitlement”.

9.  Omit Part 7 (college fee loans).

10.  In Part 8 (financial assessment)—

(a) omit regulation 89 (application of contribution – old system students)

(b) in regulation 91 (minimum level of loan for living costs)—

(i) omit paragraphs (3) and (4);

(ii) in paragraph (5) for “(1) to (4)” substitute “(1) or (2)”;

(iii) in paragraph (6) for “(1), (2), (3) or (4)” substitute “(1) or (2)”.

11.  In Part 9 (payments)—

(a) in regulation 96 (general)—

(i) omit paragraph (ab);

(ii) omit paragraph (b);

(b) omit regulation 99A (payment of fee contribution loans);

(c) omit regulation 100 (payment of college fee loans);

(d) omit regulation 103 (overpayments of college fee loan).

12.  In Schedule 5 (financial assessment)—

(a) omit paragraph 8 (calculation of contribution – old system);

(b) in paragraph 9(5)(a) omit “(other than old system students)”.

CHAPTER 2 Graduate entry courses

Amendments to the 2009 Regulations

13.  In regulation 2(1)(4) (interpretation), in the appropriate place insert—

“graduate entry course” means a “graduate entry dentistry course”, “graduate entry medicine course”, “graduate entry social work course” or a “graduate entry veterinary course”.

“graduate entry dentistry course” means a course—

(a)

the standard of which is not higher than a first degree which leads to qualification as a dentist, and

(b)

where a first degree or equivalent qualification would normally be required for entry to the course.

“graduate entry medicine course” means a course—

(a)

the standard of which is not higher than a first degree which leads to qualification as a medical doctor, and

(b)

where a first degree or equivalent qualification would normally be required for entry to the course.

“graduate entry social work course” means a course—

(a)

the standard of which is not higher than a first degree which leads to qualification as a social worker, and

(b)

where a first degree or equivalent qualification would normally be required for entry to the course.

“graduate entry veterinary course” means a course—

(a)

the standard of which is not higher than a first degree which leads to qualification as a veterinary surgeon, and

(b)

where a first degree or equivalent qualification would normally be required for entry to the course;”.

14.  In regulation 6(5) (designated courses), in paragraph (4), in the words before sub-paragraph (a), after “degree course” insert “(other than a graduate entry course)”.

15.  In regulation 107(6) (designated distance learning courses), in paragraph (2)(a), after “teachers” insert “or a graduate entry course”.

16.  In regulation 124(7) (designated part-time courses), in paragraph (1)(a), after “teachers” insert “or a graduate entry course”.

17.  In Schedule 3(8) (designated courses), after paragraph 8, insert—

“9.   A graduate entry course.”.

CHAPTER 3 Disabled Students’ Allowance

Amendments to the 2009 Regulations

18.  In regulation 2(1) (interpretation), after the definition of “transitional award”, insert—

• ““travel expenditure” means the additional expenditure incurred by a student—

  (a)

  within the United Kingdom or the Republic of Ireland for the purposes of attending their institution; or

  (b)

  within or outside the United Kingdom for the purposes of attending, as part of their course, any period of study at an overseas institution or for the purposes of attending the Institute;”.

19.  In regulation 41 (qualifying conditions for the disabled students’ allowance)—

(a) number existing text as (1);

(b) after newly numbered sub-paragraph (1), insert—

“(2) The expenditure for which the grant may be paid includes, in particular—

(a) expenditure on a non-medical personal helper;

(b) expenditure on major items of specialist equipment;

(c) travel expenditure.”

20.  In regulation 42 (amount of the disabled students’ allowance)(9)—

(a) for paragraph (2) substitute—

“(2) The amount of the disabled students’ allowance in respect of an academic year—

(a) for expenditure other than travel expenditure, must not exceed £25,000;

(b) for travel expenditure, must not exceed the additional expenditure incurred.”

(b) omit paragraphs (3) and (4);

(c) in paragraph (5) omit “, except where the allowance is used for expenditure on major items of specialist equipment”;

(d) in paragraph (6) for the words “for the purposes specified” to the end substitute—

“in respect of—

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

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

21.  In regulation 112 (disabled distance learning students’ allowance)(10)—

(a) After sub-paragraph (1) insert—

“(1A) The expenditure for which the grant may be paid includes, in particular—

(a) expenditure on a non-medical personal helper;

(b) expenditure on major items of specialist equipment;

(c) travel expenditure.”

(b) for paragraph (6) substitute—

“(6) The amount of grant under this regulation in respect of an academic year—

(a) for expenditure other than travel expenditure, must not exceed £25,000;

(b) for travel expenditure, must not exceed the additional expenditure incurred.”

(c) in paragraph (7) omit “, except where the allowance is used for expenditure on major items of specialist equipment”;

(d) in paragraph (8) for the words “for the purposes specified” to the end substitute—

“in respect of—

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

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

22.  In regulation 130 (disabled part-time students’ allowance)(11)—

(a) after paragraph (1) insert—

“(1A) The expenditure for which the grant may be paid includes, in particular—

(a) expenditure on a non-medical personal helper;

(b) expenditure on major items of specialist equipment;

(c) travel expenditure.”

(b) in the second paragraph numbered (3A), for “(3A)” substitute “(3B)”—

(c) for paragraph (5) substitute—

“(5) The amount of grant under this regulation in respect of an academic year—

(a) for expenditure other than travel expenditure, must not exceed £25,000;

(b) for travel expenditure, must not exceed the additional expenditure incurred.”

(d) in paragraph (6) omit “, except where the allowance is used for expenditure on major items of specialist equipment”;

(e) in paragraph (7) for the words “for the purposes specified” to the end substitute—

“in respect of—

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

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

23.  In regulation 144 (applications for support) for paragraph (4) substitute—

“(4) The Department must notify the applicant of whether the applicant qualifies for support and, if the applicant does qualify, the amount of support payable in respect of the academic year, if any.”

24.  In regulation 146 (amount of grant)(12)—

(a) for paragraph (2) substitute—

“(2) The amount of grant under this regulation in respect of an academic year—

(a) for expenditure other than travel expenditure, must not exceed £25,000;

(b) for travel expenditure, must not exceed the additional expenditure incurred.”

(b) in paragraph (3), for sub-paragraph (c), substitute—

“(c) travel expenditure.”;

(c) in paragraph (4) omit “, except where the allowance is used for expenditure on major items of specialist equipment as provided for in paragraph (3)(b)”;

(d) in paragraph (5) for the words “in respect of” to the end substitute—

“in respect of—

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

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

CHAPTER 4 Citizens’ Rights, residency and removal of references to grace period

Amendments to the 2009 Regulations

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

(a) omit the definition of “grace period”;

(b) re-position the definition of “person with protected rights” in the appropriate place after the definition of “person with leave to enter or remain on the grounds of discretionary leave”;

(c) in the newly positioned definition of “person with protected rights”(13)—

(i) re-number the existing text after “means—” as paragraph (1) of the definition;

(ii) in that paragraph as so numbered, omit sub-paragraph (a)(iii);

(iii) after sub-paragraph (a)(iv), insert—

“(v) otherwise has rights deemed to apply by virtue of any citizens’ rights deeming provisions; or”;

(iv) after that paragraph as so numbered, insert—

“(2) In paragraph (1)(a)(v), “citizens’ rights deeming provisions” means—

(a) Article 18(2) and (3) (issuance of residence documents) of the EU withdrawal agreement;

(b) Article 17(2) and (3) (issuance of residence documents) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020(14)); or

(c) Article 16(2) and (3) (issuance of residence documents) of the Swiss citizens’ rights agreement.”.

26.  In regulation 5 (eligible students)—

(a) omit paragraph (12B)(15);

(b) in paragraph (12C)(a)(i)(16), for “paragraph (a)(iv)” substitute “paragraph (1)(a)(iv) or (v)”.

27.  In regulation 105 (eligible distance learning students)—

(a) omit paragraph (12B)(17);

(b) in paragraph (12C)(a)(i)(18), for “paragraph (a)(iv)” substitute “paragraph (1)(a)(iv) or (v)”.

28.  In regulation 122 (eligible part-time students)—

(a) omit paragraph (11B)(19);

(b) in paragraph (11C)(a)(i)(20), for “paragraph (a)(iv)” substitute “paragraph (1)(a)(iv) or (v)”.

29.  In regulation 139 (eligible postgraduate students)—

(a) omit paragraph (13B)(21);

(b) in paragraph (13C)(a)(i)(22), for “paragraph (a)(iv)” substitute “paragraph (1)(a)(iv) or (v)”.

30.  In regulation 149 (eligible master’s etc. students)—

(a) omit paragraph (12B)(23);

(b) in paragraph (12C)(a)(i)(24), for “paragraph (a)(iv)” substitute “paragraph (1)(a)(iv) or (v)”.

31.  In Part 2 of Schedule 2—

(a) in paragraph 3(1)(a)(25)—

(i) omit sub-paragraph (iii);

(ii) in sub-paragraph (iv)(bb), after “Regulations” insert “or otherwise has rights deemed to apply by virtue of any of the citizens’ rights provisions specified in paragraph (3)”;

(iii) in sub-paragraph (iv)(cc), after “relevant period” insert “or otherwise has a deemed right of permanent residence by virtue of any of the citizens’ rights provisions specified in paragraph (3)”;

(b) after paragraph 3(2) insert—

“(3) For the purposes of sub-paragraph (1)(a)(iv), the citizens’ rights provisions referred to are—

(a) Article 18(3) (issuance of residence documents) of the EU withdrawal agreement;

(b) Article 17(3) (issuance of residence documents) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020); or

(c) Article 16(3) (issuance of residence documents) of the Swiss citizens’ rights agreement.”;

(c) in paragraph 9C—

(i) insert “(1)” before “A person”;

(ii) in the newly numbered sub-paragraph (1)(26), move the terminal “and” after sub-paragraph (c) to after sub-paragraph (d), and after that sub-paragraph insert—

“(e) who did not move to Northern Ireland from the Islands for the purpose of undertaking the current course or a course which, disregarding any intervening vacation, the person undertook immediately before undertaking the current course.”.

Amendments to the 2007 Regulations

32.  In the Schedule—

(a) in paragraph 1(1), in the definition of “person with protected rights”—

(i) re-number the existing text after “means—” as paragraph (1) of that definition;

(ii) in that paragraph as so re-numbered, omit the terminal “or” after sub-paragraph (a)(ii), and after sub-paragraph (a)(iii), insert—

“(iv) otherwise has rights deemed to apply by virtue of any citizens’ rights deeming provisions; or”;

(iii) after that paragraph as so numbered, insert—

“(2) In paragraph (1)(iv) “citizens’ rights deeming provisions” means—

(a) Article 18(2) and (3) (issuance of residence documents) of the EU withdrawal agreement;

(b) Article 17(2) and (3) (issuance of residence documents) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020); or

(c) Article 16(2) and (3) (issuance of residence documents) of the Swiss citizens’ rights agreement.”.

(b) in sub-paragraph 3(1)(a)(iii)—

(i) in division (bb), after “Regulations” insert “or otherwise has rights deemed to apply by virtue of any of the citizens’ rights provisions specified in paragraph (3)”,

(ii) in division (cc) after “relevant period” insert “or otherwise has a deemed right of permanent residence by virtue of any of the citizens’ rights provisions specified in sub-paragraph (3)”,

(iii) after sub-paragraph (2) insert—

“(3) For the purposes of sub-paragraph (1)(a)(iii), the citizens’ rights provisions referred to are—

(a) Article 18(3) (issuance of residence documents) of the EU withdrawal agreement;

(b) Article 17(3) (issuance of residence documents) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020); or

(c) Article 16(3) (issuance of residence documents) of the Swiss citizens’ rights agreement.”.

CHAPTER 5 Eligibility of Afghan locally employed staff

Amendments to the 2009 Regulations

33.  In regulation 2(1) (interpretation), at the appropriate place in the alphabetical order, insert—

““person granted leave under one of the Afghan Schemes” means a person granted leave under the Afghan Citizens Resettlement Scheme or a person granted leave under the Afghan Relocations and Assistance Policy Scheme;

“person granted leave under the Afghan Citizens Resettlement Scheme” means a person—

(a)

who has—

(i)

indefinite leave to enter or remain in the United Kingdom, outside the Immigration Rules as defined in section 33(1) of the Immigration Act 1971(27) on the basis of the Afghan Citizens Resettlement Scheme; or

(ii)

indefinite leave to enter or remain in the United Kingdom, outside those rules, as the spouse, civil partner or dependent child of such a person, or dependent child of the spouse or civil partner; and

(b)

who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;

“person granted leave under the Afghan Relocations and Assistance Policy Scheme” means a person—

(a)

who has—

(i)

indefinite leave to enter the United Kingdom under paragraph 276BA2, or has indefinite leave to remain under paragraph 276BS2 of the Immigration Rules, having been relocated to the United Kingdom pursuant to paragraph 276BB1(iii)(a) of the Immigration Rules as defined in section 33(1) of the Immigration Act 1971,

(ii)

leave to enter the United Kingdom on the basis of the Afghan Relocations and Assistance Policy Scheme,

(iii)

indefinite leave to enter or remain, outside those rules, on the basis of the Afghan Relocations and Assistance Policy Scheme, or

(iv)

leave to enter or indefinite leave to enter the United Kingdom as the spouse, civil partner or dependent child of such a person, or dependent child of the spouse or civil partner, having been granted that leave under paragraph 276BJ2 or 276BO2 of those rules; and

(b)

who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;”.

34.  In regulation 5(28) (eligible students)—

(a) in paragraph (2)(a) for “and 13” substitute “, 13 and 14”;

(b) after paragraph (11D), insert—

“(11E) Where—

(a) the Department determined that, by virtue of being a person granted leave under one of the Afghan Schemes, a person (“A”) was—

(i) an eligible student in connection with an application for support for an earlier year of the current course, an application for support for a course in relation to which the current course is an end-on course or an application for support in connection with a designated part-time course, designated distance learning course or other designated course from which A’s status as an eligible student, eligible part-time student or eligible distance learning student has been transferred to the current course; or

(ii) a qualifying student in connection with an application for support for an earlier year of the qualifying course or other qualifying course from which A’s status as a qualifying student has been transferred to the qualifying course in respect of which the student is applying for support; and

(b) as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted leave under one of the Afghan Schemes is allowed to stay in the United Kingdom has expired,

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

35.  In regulation 18(29) (events)—

(a) in paragraph (l) omit the terminal “or”;

(b) in paragraph (m) for “.” substitute “; or”;

(c) after paragraph (m) insert—

“(n) the student becomes a person granted leave under one of the Afghan Schemes.”

36.  In regulation 39(7)(30) (general qualifying conditions for grants for living and other costs) for “or (m)” substitute “, (m) or (n)”;

37.  In regulation 42(6)(31) (amount of the disabled students’ allowance) for “or (m)” substitute “, (m) or (n)”;

38.  In regulation 46(11)(32) (childcare grant) for “or (m)” substitute “, (m) or (n)”;

39.  In regulation 50A(2)(33) for “or (m)” substitute “, (m) or (n)”;

40.  In regulation 57(5)(34) (qualifying conditions for the maintenance grant) for “or (m)” substitute “, (m) or (n)”;

41.  In regulation 59(5)(35) (qualifying conditions for the special support grant) for “or (m)” substitute “, (m) or (n)”;

42.  In regulation 74(2)(36) (students becoming eligible in the course of an academic year)—

(a) in paragraph (k) omit the terminal “or”;

(b) in paragraph (l) for “.” substitute “; or”;

(c) after paragraph (l) insert—

“(m) the student becomes a person granted leave under one of the Afghan Schemes.”

43.  In regulation 105(37) (eligible distance learning students)—

(a) in paragraph (2)(a) for “and 13” substitute “, 13 and 14”;

(b) after paragraph (11D), insert—

“(11E) Where—

(a) the Department determined that, by virtue of being a person granted leave under one of the Afghan Schemes, a person (“A”) was an eligible distance learning student in connection with—

(i) an application for support for an earlier year of the current course, or

(ii) an application for support in connection with a designated course, designated part-time course, or other designated course from which A’s status as an eligible student, eligible part-time student or eligible distance learning 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 the person granted leave under one of the Afghan Schemes is allowed to stay in the United Kingdom has expired,

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

44.  In regulation 106(38) (students becoming eligible in the course of an academic year)—

(a) in paragraph 1A for “or (n)” substitute “, (n) or (o)”;

(b) in paragraph 2 for “or (n)” substitute “, (n) or (o)”;

(c) in paragraph 3 for “or (n)” substitute “, (n) or (o)”;

(d) in paragraph (4)—

(i) in sub-paragraph (m) omit “or”;

(ii) in sub-paragraph (n) after “2” for “.” substitute “; or”;

(iii) after sub-paragraph (n), insert—

“(o) the student becomes a person granted leave under one of the Afghan Schemes.”

45.  In regulation 122(39) (eligible part-time students)—

(a) in paragraph (2)(a) for “and 13” substitute “, 13 and 14”;

(b) after paragraph (10D), insert—

“(10E) Where—

(a) the Department determined that, by virtue of being a person granted leave under one of the Afghan Schemes, 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, designated distance learning course, or other designated course from which A’s status as an eligible student, eligible part-time student or eligible distance learning 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 the person granted leave under one of the Afghan Schemes is allowed to stay in the United Kingdom has expired,

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.”

46.  In regulation 123(40) (students becoming eligible in the course of an academic year)—

(a) in paragraph 1A for “or (n)” substitute “, (n) or (o)”;

(b) in paragraph 2 for “or (n)” substitute “, (n) or (o)”;

(c) in paragraph (3)—

(i) in sub-paragraph (m) omit “or”;

(ii) in sub-paragraph (n) after “2” for “.” substitute “; or”;

(iii) after sub-paragraph (n), insert—

“(o) the student becomes a person granted leave under one of the Afghan Schemes.”

47.  In regulation 130(7)(41) (disabled part-time students’ allowance) for “or (n)” substitute “, (n) or (o)”.

48.  In regulation 139(42) (eligible postgraduate students)—

(a) in paragraph (3)(a) for “and 13” substitute “, 13 and 14”;

(b) after paragraph (12D), insert—

“(12E) Where—

(a) the Department determined that, by virtue of being a person granted leave under one of the Afghan Schemes, 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 the person granted leave under one of the Afghan Schemes is allowed to stay in the United Kingdom has expired,

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.”

49.  In regulation 140(2)(43) (students becoming eligible in the course of an academic year)—

(a) in paragraph (k) omit the terminal “or”;

(b) in paragraph (l) for “.” substitute “; or”;

(c) after paragraph (l) insert—

“(m) the student becomes a person granted leave under one of the Afghan Schemes.”

50.  In regulation 149(44) (eligible master’s, etc. students)—

(a) in paragraph (2)(a) for “and 13” substitute “, 13 and 14”;

(b) after paragraph (11D), insert—

“(11E) Where—

(a) the Department determined that, by virtue of being a person granted leave under one of the Afghan Schemes, 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 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 the person granted leave under one of the Afghan Schemes is allowed to stay in the United Kingdom has expired,

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.”

51.  In regulation 151(45) (events)—

(a) in paragraph (l) omit the terminal “or”;

(b) in paragraph (m) for “.” substitute “; or”;

(c) after paragraph (m) insert—

“(n) the student becomes a person granted leave under one of the Afghan Schemes.”

52.  In Schedule 2 (eligible students), after paragraph 13, insert—

“Persons granted leave under one of the Afghan Schemes

14.   A person granted leave under one of the Afghan Schemes, who is ordinarily resident in Northern Ireland on the first day of the first academic year of the course.”

Amendments to the 2007 Regulations

53.  In regulation 5(1)(c)(46), after “4F,” insert “4G,”;

54.  In regulation 5(1A)(a), after “4F,” insert  “4G,”;

55.  In the Schedule—

(a) in paragraph (1) at the appropriate place in the alphabetical order, insert—

““person granted leave under one of the Afghan Schemes” means a person granted leave under the Afghan Citizens Resettlement Scheme or a person granted leave under the Afghan Relocations and Assistance Policy Scheme;

“person granted leave under the Afghan Citizens Resettlement Scheme” means a person—

(a)

who has—

(i)

indefinite leave to enter or remain in the United Kingdom, outside the Immigration Rules as defined in section 33(1) of the Immigration Act 1971 on the basis of the Afghan Citizens Resettlement Scheme; or

(ii)

indefinite leave to enter or remain in the United Kingdom, outside those rules, as the spouse, civil partner or dependent child of such a person, or dependent child of the spouse or civil partner; and

(b)

who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;”

“person granted leave under the Afghan Relocations and Assistance Policy Scheme” means a person—

(a)

who has—

(i)

indefinite leave to enter the United Kingdom under paragraph 276BA2, or has indefinite leave to remain under paragraph 276BS2 of the Immigration Rules, having been relocated to the United Kingdom pursuant to paragraph 276BB1(iii)(a) of the Immigration Rules as defined in section 33(1) of the Immigration Act 1971;

(ii)

leave to enter the United Kingdom on the basis of the Afghan Relocations and Assistance Policy Scheme;

(iii)

indefinite leave to enter or remain, outside those rules, on the basis of the Afghan Relocations and Assistance Policy Scheme; or

(iv)

leave to enter or indefinite leave to enter the United Kingdom as the spouse, civil partner or dependent child of such a person, or dependent child of the spouse or civil partner, having been granted that leave under paragraph 276BJ2 or 276BO2 of those rules; and

(b)

who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;”

(b) after paragraph 4F, insert—

“Persons granted leave under one of the Afghan Schemes

4G.   A person granted leave under one of the Afghan Schemes who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.”.

CHAPTER 6 Miscellaneous

Amendments to the 2009 Regulations

56.  In regulation 2(1) (interpretation) omit the definition of “Person with leave to enter or remain”;

57.  In Schedule 2 (eligible students), in paragraph 13(1)(b), after “in Northern Ireland”, insert  “on the first day of the first academic year of the course”.

58.  In Schedule 6(47) to the 2009 Regulations (Relevant Institutions of Higher Education in the Republic of Ireland)—

(a) omit “Carlow College (St. Patrick’s)”, “Institute of Technology, Athlone”, “Institute of Technology, Limerick”, “Pontifical University of Maynooth” and “Royal College of Surgeons in Ireland”;

(b) after “Technological University Dublin” insert “Technological University of the Shannon: Midlands and Midwest”;

59.  The Schedule to these Regulations has effect to substitute the figure in the third column of the table for the figure in the second column where that figure appears in the provision of the Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 set out in the first column.

Amendments to the 2007 Regulations

60.  In regulation 5(1C) (prescribed description of a qualifying person)(48) for “9B” substitute “9ZB”.

61.  In Schedule 1 (qualifying persons)—

(a) in paragraph 2A(2)(49) for “1(4)” substitute “1(3)”;

(b) in paragraph 3 after sub-paragraph (2) insert—

“(3) For the purposes of sub-paragraph (1)(a)(ii), an Irish citizen is not required to be living in the United Kingdom on IP completion day.”

(c) in paragraph 9ZA after sub-paragraph (3) insert—

“(4) For the purposes of this paragraph, an Irish citizen is not required to be living in the United Kingdom on IP completion day.”

62.  In Schedule 1 (qualifying persons), in paragraph 13(1)(b), after “in Northern Ireland”, insert  “on the first day of the first academic year of the course”.

Sealed with the Official Seal of the Department for the Economy on 2nd March 2022.

Ms Heather Cousins

A senior officer of the Department for the Economy