The Education (Student Fees, Awards and Support) (Amendment) Regulations 2011

Amendment of the SSR 2009

12.  In Schedule 1—

(a) for sub-paragraph (2) of paragraph 1, substitute—

“(2) For the purposes of this Schedule, “parent” includes a guardian and any other person having parental responsibility and “child” is to be construed accordingly.”;

(b) for paragraph 5, substitute—

“Persons granted humanitarian protection and their family members

5.— (1) A person granted humanitarian protection who—

(a) is ordinarily resident in the United Kingdom on the first day of the first academic year of the course; and

(b) who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course.

(2) A person—

(a) who is the spouse or civil partner of a person granted humanitarian protection;

(b) who was the spouse or civil partner of the person granted humanitarian protection on the date on which that person applied for asylum (the “asylum application date”);

(c) who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course; and

(d) who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course.

(3) A person—

(a) who is the child of a person granted humanitarian protection or the child of the spouse or civil partner of a person granted humanitarian protection;

(b) who, on the asylum application date, was the child of that person or the child of a person who was the spouse or civil partner of the person granted humanitarian protection on that date;

(c) who was under 18 on the asylum application date;

(d) who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course; and

(e) who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course.”.