The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2024

Amendments to the 2009 Regulations

36.  After regulation 2 insert—

“Meaning of “in-year qualifying event”, “protected category event”, “settled status event”, “course designation event” etc. and related matters

2A.— (1) This regulation defines “in-year qualifying event”, “protected category event”, “settled status event”, “course designation event”, “distance learning designation event”, “part-time course designation event”, “postgraduate course designation event” and “Master’s, etc. designation event”, makes related provision for the purposes of these Regulations.

(2) “In-year qualifying event”, in relation to a student, means—

(a) a protected category event which occurs after the course start date;

(b) a settled status event;

(c) the student becomes a person described in paragraph 3(1)(a) of Part 2 of Schedule 2;

(d) where regulation 5(2A), 105(2A), 122(2A), 139(3A) or 149(2A) applies, the student becomes a person described in paragraph 12(a) of Part 2 of Schedule 2;

(e) the student becomes a person described in paragraph 6A(1)(a) or 6B(1)(a) of Part 2 of Schedule 2, or where regulation 5(2A), 105(2A), 122(2A), 139(3A) or 149(2A) applies, in paragraph 6(1)(a) of Part 2 of Schedule 2;

(f) the student becomes a person described in paragraph 11A(a) of Part 2 of Schedule 2 or, where regulation 5(2A), 105(2A), 122(2A), 139(3A) or 149(2A) applies, in paragraph 11(1)(a) of Part 2 of Schedule 2; or

(g) the student becomes a person described in paragraph 9B(1)(a)(ii) of Part 2 of Schedule 2.

(3) “Protected category event”, in relation to a student, means—

(a) the student or the student’s spouse, civil partner or parent is recognised as a refugee;

(b) the student or the student’s spouse, civil partner or parent becomes a person granted stateless leave;

(c) the student or the student’s spouse, civil partner or parent becomes a person granted humanitarian protection;

(d) the student or the student’s spouse, civil partner or parent becomes a person granted leave to enter or remain on the grounds of discretionary leave;

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

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

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

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

(i) the student or the student’s spouse, civil partner or parent becomes a person granted leave under one of the Afghan Schemes; or

(j) the student or the student’s spouse, civil partner or parent becomes a person granted leave under one of the Ukraine Schemes.

(4) “Settled status event”, in relation to a student, means the student becomes a family member described in paragraph 9A(1)(a), 9C(1)(a) or 9D(1)(a) of Part 2 of Schedule 2.

(5) “Course designation event”, in relation to a course, means the course becomes a course designated under regulation 6;

(6) “Distance learning designation event”, in relation to a course, means the course becomes a course designated under regulation 107;

(7) “Part-time course designation event”, in relation to a course, means the course is designated under regulation 124;

(8) “Postgraduate course designation event”, in relation to a course, means the course is designated under regulation 141;

(9) “Master’s, etc. designation event”, in relation to a course, means the course is designated under regulation 152;

(10) Where a protected category event occurs in relation to a student after the course start date, paragraph (11) applies for the purposes of determining whether that event results in the student becoming an eligible student, eligible distance learning student, eligible part-time student, eligible postgraduate student or eligible Master’s etc student.

(11) The student is to be treated, for the purposes of determining whether the student satisfies any requirement in Schedule 2 to be ordinarily resident in Northern Ireland on the course start date, as if the student was, on the course start date, lawfully residing in the place where the student was residing on that date.”.