The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021

This Statutory Instrument has been made in part to correct errors made by S.I. 2016/584, 2018/443, S.I. 2019/142, S.I. 2020/1203 and 2021/127 and is being issued free of charge to all known recipients of those Statutory Instruments.

Statutory Instruments

2021 No. 1348

Education, England

The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021

Made

30th November 2021

Laid before Parliament

2nd December 2021

Coming into force

23rd December 2021

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 1 and 2 of the Education (Fees and Awards) Act 1983(1), sections 22 and 42(6) of the Teaching and Higher Education Act 1998(2) and sections 10(4)(b) and 119(5) of the Higher Education and Research Act 2017(3).

PART 1 Introductory

Citation, commencement, application and extent

1.—(1) These Regulations may be cited as the Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 and come into force on 23rd December 2021.

(2) The following regulations 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) regulation 3 (qualifying conditions for the special support grant);

(b) regulation 4 (omission of references to 2008 cohort students);

(c) regulation 18 and the Schedule (update of amounts specified in the Regulations).

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

(a) regulation 5 (removal of eligibility for UK dual degree programmes);

(b) regulations 7 and 50 (courses for initial training of teachers);

(c) regulations 9, 20, 27, 34, 42, 51 and 58 (Afghan locally employed staff);

(d) regulations 11, 29, 36, 45 and 61 (eligibility of students from British overseas territories);

(e) regulations 12, 23, 28, 35, 44 and 60 (ending of grace period);

(f) regulations 14, 24, 30, 37, 46, 54 and 62 (family members);

(g) regulations 21 and 52 (persons resident in Gibraltar);

(h) regulation 22 (students from British overseas territories: fees and awards);

(i) regulations 48, 64 and 65 (amounts of loan);

(j) regulation 53 (students from British overseas territories: qualifying persons).

(4) In paragraph (2), 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.

PART 2 Amendment of the Education (Student Support) Regulations 2011

CHAPTER 1 Introductory

Amendment of the Education (Student Support) Regulations 2011

2.  The Education (Student Support) Regulations 2011(4) are amended as follows.

CHAPTER 2 Students eligible for benefits

Qualifying conditions for the special support grant

3.  In regulation 61, omit the terminal “or” after paragraph (2)(b), and after that paragraph insert—

“(ba) satisfies one of sub-paragraphs (b)(5) to (e) of regulation 14(1) of the Universal Credit Regulations 2013; or”.

CHAPTER 3 2008 cohort students

Omission of references to 2008 cohort students

4.—(1) In regulation 2(1)—

(a) omit the definition of “2008 cohort student”;

(b) in the definition of “2009 cohort student”, in paragraph (a), omit “and is not a 2008 cohort student”;

(c) in the definition of “2012 cohort student”, in paragraph (a), omit “2008,”;

(d) in the definition of “2016 cohort student”, in paragraph (b), omit “2008,”.

(2) Omit regulation 57.

(3) In regulation 60—

(a) in the heading to the regulation, omit “2008,”;

(b) in paragraph (1), omit “2008,”;

(c) in paragraph (5), omit “2008,”.

(4) Omit regulation 62.

(5) In regulation 65—

(a) in the heading to the regulation, omit “2008,”;

(b) in paragraph (1), omit “2008,”;

(c) in paragraph (5), omit “2008,”.

(6) In regulation 71(1)—

(a) omit sub-paragraph (a);

(b) in sub-paragraph (d), omit “2008,”.

(7) Omit regulation 72.

(8) In regulation 77—

(a) in the heading to the regulation, omit “2008,”;

(b) in paragraph (1), omit “2008,”.

(9) In regulation 81—

(a) in paragraph (1), omit “2008,”;

(b) in paragraph (3), omit “2008,”;

(c) in paragraph (4), omit “2008,”.

(10) In regulation 87(1), omit “2008,”.

(11) In regulation 88—

(a) in paragraph (1), omit “2008,”;

(b) in paragraph (2), omit “2008,”.

(12) In regulation 100—

(a) in the heading to the regulation, omit “2008,”;

(b) omit “2008,”.

(13) In regulation 101—

(a) in the heading to the regulation, omit “2008,”;

(b) omit “2008,”.

(14) In regulation 103, in the heading to the regulation, omit “2008,”.

(15) In Schedule 4 (financial assessment), in paragraph 9(1A), omit “2008,”.

CHAPTER 4 Dual degree eligibility

Removal of eligibility for UK dual degree programmes

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

““UK dual degree programme” means a single course of study offered by an institution in the United Kingdom leading to the award by that institution of two first degrees, other than a full-time course leading to a qualification as a—

(a)

medical doctor;

(b)

dentist;

(c)

veterinary surgeon;

(d)

architect;

(e)

landscape architect;

(f)

landscape designer;

(g)

landscape manager;

(h)

town planner; or

(i)

town and country planner;”.

(2) In regulation 5—

(a) in paragraph (1), in the opening words(6), for “and (6)” substitute “, (6) and (6A),”;

(b) after paragraph (6), insert—

“(6A) A UK dual degree programme is not a designated course.”.

(3) In regulation 139—

(a) in paragraph (1), in the opening words(7), for “and (5)” substitute “, (5), (5A) and (5B)”;

(b) after paragraph (5A), insert—

“(5B) A UK dual degree programme is not a designated part-time course.”.

CHAPTER 5 Students in apprenticeships

Non-eligibility for students undertaking apprenticeships

6.—(1) In regulation 4(3), before sub-paragraph (a), insert—

“(za) A is studying on a course as part of an apprenticeship;”.

(2) In regulation 137(3), before sub-paragraph (a), insert—

“(za) A is studying on a course as part of an apprenticeship;”.

(3) In regulation 159, after paragraph (4)(aa), insert—

“(ab) A is studying on a course as part of an apprenticeship;”.

CHAPTER 6 Courses for initial training of teachers

Revised definition of “course for the initial training of teachers” and entitlement to fee loans

7.—(1) In regulation 2(1)—

(a) for the definition of “course for the initial training of teachers”, substitute—

““course for the initial training of teachers” means—

(a)

a course of initial teacher training—

(i)

undertaken in England and leading to the recommendation of qualified teacher status in England;

(ii)

undertaken in Wales and accredited as initial teacher training by the Education Workforce Council(8);

(iii)

undertaken in Scotland and accredited as initial teacher training by the General Teaching Council for Scotland(9);

(iv)

undertaken in Northern Ireland and accredited as initial teacher training by the General Teaching Council for Northern Ireland(10); or

(b)

a course for the initial training of teachers in further education which has content equivalent to a Diploma in Education and Training, a Professional Graduate Certificate in Education or a Postgraduate Certificate in Education,

and includes such a course leading to a first degree unless otherwise indicated but excludes an employment-based teacher training scheme;;”;

(b) after the definition of “qualified teacher” insert—

““qualified teacher learning and skills status” means the status held by a person who is outside the definition of “qualified teacher” in this regulation by virtue of that person falling within the proviso described in paragraphs (a) and (b) of that definition;”.

(2) In regulation 12—

(a) in paragraph (4)(b), omit the words from “where the current course” to the end (but not the terminal “and”);

(b) after paragraph (4), insert—

“(4ZA) Paragraph (4) does not apply where—

(a) the current course is a course for the initial training of teachers in further education which has content equivalent to a Diploma in Education and Training, a Professional Graduate Certificate in Education or a Postgraduate Certificate in Education; and

(b) the student already holds qualified teacher learning and skills status.”.

(3) In regulation 13—

(a) in paragraph (2)(b), omit the words from “where the current course” to the end (but not the terminal “and”);

(b) after paragraph (2), insert—

“(2ZA) Paragraph (2) does not apply where—

(a) the current course is a course for the initial training of teachers in further education which has content equivalent to a Diploma in Education and Training, a Professional Graduate Certificate in Education or a Postgraduate Certificate in Education; and

(b) the student already holds qualified teacher learning and skills status.”.

(4) In regulation 144—

(a) in paragraph (6)(a), omit “which started on or after 1st September 2012”;

(b) after paragraph (6) insert—

“(6A) Paragraph (6) does not apply where—

(a) the current course is a course for the initial training of teachers in further education which has content equivalent to a Diploma in Education and Training, a Professional Graduate Certificate in Education or a Postgraduate Certificate in Education; and

(b) the student already holds qualified teacher learning and skills status.”.

CHAPTER 7 Loan support following an error

Support following an error in applying the rules on equivalent or lower qualifications and previous study

8.—(1) In regulations 13(3A)(c)(11) and 69(2A)(c), for “an academic year of the current course”, and in regulations 144(8)(c) and 157B(8)(c), for “the current part-time course” substitute—

“—

(i) the first academic year of the current course, where the determination by the Secretary of State is made before the first day of the first academic year of the current course;

(ii) the academic year of the current course during which the determination by the Secretary of State is made; or

(iii) an academic year of the current course in respect of which the determination of the Secretary of State is made, which the student has completed before the making of that determination”.

(2) In regulation 19(12)—

(a) in paragraph (9A)—

(i) in the opening words, for “paragraphs (9B) to (9E)” substitute “this paragraph and paragraphs (9D) and (9E)”;

(ii) in sub-paragraph (b)(iii) for “an academic year of the current course”, substitute—

“—

(aa) the first academic year of the current course, where the determination by the Secretary of State is made before the first day of the first academic year of the current course;

(bb) the academic year of the current course during which the determination by the Secretary of State is made;

(cc) an academic year of the current course in respect of which the determination of the Secretary of State is made, which the student has completed before the making of that determination”;

(b) omit paragraphs (9B) and (9C);

(c) in paragraph (9D) for “Paragraphs (9B) and (9C) do” substitute “Paragraph (9A)(b)(iii) does”.

CHAPTER 8 Eligibility of Afghan locally employed staff

Eligibility of Afghan locally employed staff

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

““person granted leave under the Afghan Relocations and Assistance 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(iv) of the Immigration Rules as defined in section 33(1) of the Immigration Act 1971(13);

(ii)

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

(iii)

indefinite leave to enter or remain in the United Kingdom, outside those rules, on the basis of the Afghan Relocations and Assistance 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 276BJ1 or 276BO1 of those rules;

(b)

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

(2) In regulation 4—

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

(b) after paragraph (13B)(14), insert—

“(13C) Where—

(a) the Secretary of State determined that, by virtue of being a person granted leave under the Afghan Relocations and Assistance Scheme, a person (“A”) was—

(i) an eligible student in connection with an application for support for—

(aa) an earlier year of the current course;

(bb) an application for support for a course in relation to which the current course is an end-on course; or

(cc) 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; 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 the Afghan Relocations and Assistance Scheme 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.”.

(3) In regulation 17(15), move the terminal “or” from after paragraph (l) to after paragraph (m) and after that paragraph insert—

“(n) the student becomes a person granted leave under the Afghan Relocations and Assistance Scheme.”

(4) In regulation 85(2)(16), move the terminal “or” from after sub-paragraph (k) to after sub-paragraph (l) and after that sub-paragraph insert—

“(m) the student becomes a person granted leave under the Afghan Relocations and Assistance Scheme.”.

(5) In regulation 137—

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

(b) after paragraph (11B)(17), insert—

“(11C) Where—

(a) the Secretary of State determined that, by virtue of being a person granted leave under the Afghan Relocations and Assistance Scheme, 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 part-time student or eligible 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 the person granted leave under the Afghan Relocations and Assistance Scheme 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.”.

(6) In regulation 138(4)(18), move the terminal “or” from after sub-paragraph (m) to after sub-paragraph (n) and after that sub-paragraph insert—

“(o) the student becomes a person granted leave under the Afghan Relocations and Assistance Scheme.”.

(7) In regulation 138A(2)(19), move the terminal “or” from after sub-paragraph (k) to after sub-paragraph (l) and after that sub-paragraph insert—

“(m) the student becomes a person granted leave under the Afghan Relocations and Assistance Scheme.”.

(8) In regulation 159—

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

(b) after paragraph (16B)(20), insert—

“(16C) Where—

(a) the Secretary of State determined that, by virtue of being a person granted leave under the Afghan Relocations and Assistance Scheme, 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 the Afghan Relocations and Assistance Scheme 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.”.

(9) In regulation 160(2)(21), move the terminal “or” from after sub-paragraph (k) to after sub-paragraph (l) and after that sub-paragraph insert—

“(m) the student becomes a person granted leave under the Afghan Relocations and Assistance Scheme.”.

(10) In Schedule 1 (eligible students), after paragraph 13, insert—

“Persons granted leave under the Afghan Relocations and Assistance Scheme

14.   A person granted leave under the Afghan Relocations and Assistance Scheme, who is ordinarily resident in England on the first day of the first academic year of the course.”.

CHAPTER 9 Long residence

Eligibility on the basis of long residence

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

CHAPTER 10 Students from British overseas territories

Eligibility of students from British overseas territories

11.—(1) In regulation 4(2)(a)(22), after “9BA,” insert “9BB,”.

(2) In regulation 17(d)(23), for “or 9D(1)(a)” substitute “, 9D(1)(a) or 9D(2)(a)”.

(3) In regulation 38(3)(24), for the words from “paragraphs 2A” to the end substitute “paragraphs 2A, 3(1)(d)(ii), 6A(1)(c)(ii), 7A(1)(b)(ii), 9, 9A, 9BA, 9BB, 9C, 9D, 10, 10ZA, 11A(c)(ii) and 12A(d)(ii).”.

(4) In regulation 69(3)(a)(25), for the words from “paragraphs 2A” to the end, substitute “paragraphs 2A, 3(1)(d)(ii), 6A(1)(c)(ii), 7A(1)(b)(ii), 9, 9A, 9BA, 9BB, 9C, 9D, 10, 10ZA, 11A(c)(ii) and 12A(d)(ii).”.

(5) In regulation 137(2)(a)(26), after “9BA,” insert “9BB,”.

(6) In regulation 138(4)(d)(27), for “or 9D(1)(a)” substitute “, 9D(1)(a) or 9D(2)(a)”.

(7) In regulation 147(2)(a)(28), for the words from “paragraphs 2A” to the end, substitute “paragraphs 2A, 3(1)(d)(ii), 6A(1)(c)(ii), 7A(1)(b)(ii), 9, 9A, 9BA, 9BB, 9C, 9D, 10, 10ZA, 11A(c)(ii) and 12A(d)(ii).”

(8) In regulation 157B(2)(a)(29), for the words from “paragraphs 2A” to the end, substitute “paragraphs 2A, 3(1)(d)(ii), 6A(1)(c)(ii), 7A(1)(b)(ii), 9, 9A, 9BA, 9BB, 9C, 9D, 10, 10ZA, 11A(c)(ii) and 12A(d)(ii).”

(9) In regulation 159(8)(30), for the words from “paragraphs 2A” to the end, substitute “paragraphs 2A, 3(1)(d)(ii), 6A(1)(c)(ii), 7A(1)(b)(ii), 9, 9A, 9BA, 9BB, 9C, 9D, 10ZA(d)(ii), 11A(c)(ii) and 12A(d)(ii).”

(10) In Schedule 1—

(a) in paragraph 1(1)—

(i) in paragraph (e) of the definition of “family member”(31), for “paragraphs 9, 9B, 9C and 9D” substitute “paragraphs 9, 9B, 9D or for the purposes of paragraph 9C in relation to a person settled in the United Kingdom”;

(ii) after the definition of “family member” insert—

““overseas territories” means Anguilla; Aruba; Bermuda; British Antarctic Territory; British Indian Ocean Territory; British Virgin Islands; Cayman Islands; Falkland Islands; Faroe Islands; French Polynesia; French Southern and Antarctic Territories; Gibraltar; Mayotte; Greenland; Montserrat; Netherlands Antilles (Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten); Pitcairn, Henderson, Ducie and Oeno Islands; South Georgia and the South Sandwich Islands; St Barthélemy; St Helena and Dependencies (Ascension Island and Tristan da Cunha); St Pierre et Miquelon; the Territory of New Caledonia and Dependencies; Turks and Caicos Islands; and Wallis and Futuna;”;

(iii) after the definition of “settled”, insert—

““specified British overseas territories” means Anguilla; Bermuda; British Antarctic Territory; British Indian Ocean Territory; British Virgin Islands; Cayman Islands; Falkland Islands; Gibraltar; Montserrat; Pitcairn, Henderson, Ducie and Oeno Islands; South Georgia and the South Sandwich Islands; St Helena and Dependencies (Ascension Island and Tristan da Cunha); and Turks and Caicos Islands;”;

(b) for paragraph 1(4) substitute—

“(4) For the purposes of this Schedule, a person (“A”) is to be treated as ordinarily resident in an area if A would have been so resident but for the fact that—

(a) A;

(b) A’s spouse or civil partner;

(c) A’s parent; or,

(d) in the case of a dependent direct relative in the ascending line, A’s child or child’s spouse or civil partner,

is or was temporarily employed outside the area in question.”;

(c) for paragraph 1(5) substitute—

“(5) For the purposes of sub-paragraph (4), temporary employment outside the area in question includes—

(a) in the case of members of the regular naval, military or air forces of the Crown, any period which they serve outside the United Kingdom as members of such forces;

(b) in the case of members of the regular armed forces of a specified British overseas territory, any period which they serve outside the territory comprising the United Kingdom and the specified British overseas territories as members of such forces;

(c) in the case of members of the regular armed forces of the Republic of Ireland, any period which they serve outside the territory comprising the United Kingdom, the Islands and the Republic of Ireland as members of such forces;

(d) in the case of members of the regular armed forces of an EEA State or Switzerland, any period which they serve outside the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland as members of such forces;

(e) in the case of members of the regular armed forces of Turkey, any period which they serve outside the territory comprising the United Kingdom, Gibraltar, the European Economic Area, Switzerland and Turkey as members of such forces; and

(f) in the case of members of the regular armed forces of an EU overseas territory, any period which they serve outside the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories.”;

(d) in paragraph 3(1)(d)(32), for the words from “ordinarily resident” to the end substitute—

“ordinarily resident immediately before the period of ordinary residence referred to in paragraph (c) in the territory comprising—

(i) the United Kingdom, Gibraltar, the European Economic Area and Switzerland; or

(ii) the overseas territories.”.

(e) in paragraph 6A(33), for sub-paragraph (1)(c) substitute—

“(c) has been ordinarily resident throughout the three-year period preceding the first day of the first academic year of the course either—

(i) in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland; or

(ii) in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories, where at least part of that ordinary residence was in the overseas territories.”;

(f) in paragraph 7A(34), for sub-paragraph (1)(b) substitute—

“(b) has been ordinarily resident throughout the three-year period preceding the first academic year of the course either—

(i) in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland; or

(ii) in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories where at least part of that ordinary residence was in the overseas territories;”;

(g) in paragraph 9A(1)(35)—

(i) in paragraph (c)—

(aa) omit “Gibraltar,”;

(bb) for “and Switzerland” substitute “, Switzerland and the overseas territories”;

(ii) in paragraph (d)—

(aa) omit “Gibraltar,”;

(bb) for “and Switzerland” substitute “, Switzerland and the overseas territories”;

(h) in paragraph 9A(2)—

(i) omit “Gibraltar,”;

(ii) for “and Switzerland” substitute “, Switzerland and the overseas territories”;

(i) after paragraph 9BA(36) insert—

“9BB.— (1) A person—

(a) who is settled in the United Kingdom on the first day of the first academic year of the course;

(b) who is—

(i) attending or undertaking a designated course in England; or

(ii) undertaking an intensive course, designated part-time course or a designated postgraduate course in England;

(c) who has been ordinarily resident in the specified British overseas territories for at least part of the three-year period preceding the first day of the first academic year of the course;

(d) who has been ordinarily resident in the territory comprising the United Kingdom, the Islands and the specified British overseas territories throughout the three-year period preceding the first day of the first academic year of the course;

(e) who did not move to England 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; and

(f) subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, the Islands and the specified British overseas territories has not during any part of the period referred to in paragraph (d) been wholly or mainly for the purpose of receiving full-time education.

(2) Paragraph (f) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, the Islands and the specified British overseas territories in accordance with paragraph 1(4).”.

(j) for paragraph 9D substitute—

“9D.— (1) A person—

(a) who is—

(i) a United Kingdom national who has resident status in Gibraltar granted by the Government of Gibraltar; or

(ii) a family member of a United Kingdom national where that family member has resident status in Gibraltar granted by the Government of Gibraltar;

(b) who is —

(i) attending or undertaking a designated course in England; or

(ii) undertaking an intensive course, designated part-time course or a designated postgraduate course in England;

(c) who has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and

(d) subject to sub-paragraph (3), whose ordinary residence in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.

(2) A person—

(a) who is—

(i) an EU national who has a right of residence in Gibraltar arising under the EU withdrawal agreement; or

(ii) a family member of an EU national, where that family member has a right of residence in Gibraltar arising under the EU withdrawal agreement;

(b) who is —

(i) attending or undertaking a designated course in England; or

(ii) undertaking an intensive course, designated part-time course or a designated postgraduate course in England;

(c) who has been ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course; and

(d) subject to sub-paragraph (3), whose ordinary residence in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.

(3) Paragraph (d) of sub-paragraphs (1) and (2) does not apply to a person treated as being ordinarily resident in the territory referred to in paragraph (c) of those sub-paragraphs in accordance with paragraph 1(4).”.

(k) in paragraph 10ZA(d)(37), for the words from “ordinarily resident” to the end substitute—

“ordinarily resident immediately before the period of ordinary residence referred to in paragraph (c) in the territory comprising—

(i) the United Kingdom, Gibraltar, the European Economic Area and Switzerland; or

(ii) the overseas territories.”;

(l) in paragraph 11A(38)—

(i) for sub-paragraph (c), substitute—

“(c) has been ordinarily resident throughout the three-year period preceding the first day of the first academic year of the course either—

(i) in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland; or

(ii) in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories where at least part of that ordinary residence was in the overseas territories;”;

(m) in paragraph 12A(39), for sub-paragraph (d) substitute—

“(d) has been ordinarily resident throughout the three-year period preceding the first day of the first academic year of the course either—

(i) in the territory comprising the United Kingdom, Gibraltar, the European Economic Area, Switzerland and Turkey; or

(ii) in the territory comprising the United Kingdom, the European Economic Area, Switzerland, Turkey and the overseas territories where at least part of that ordinary residence was in the overseas territories.”.

CHAPTER 11 Ending of grace period

Omission of references to grace period

12.—(1) In regulation 2(1)—

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

(b) in the definition of “person with protected rights”, omit paragraph (1)(a)(iii).

(2) In regulations 4(13B)(a), 137(11B)(a) and 159(16B)(a)(40)—

(a) in paragraph (i), omit “(iii),”;

(b) in paragraph (ii), omit “(iii) or”.

(3) In Schedule 1 (eligible students), omit paragraph 3(1)(a)(iii).

CHAPTER 12 Designation of courses

Designation of courses

13.  In regulation 5(1)(e), in the opening words, for “7 or 8” substitute “7, 8, 9, 10 or 11”(41).

CHAPTER 13 Family members

Family members

14.  In Schedule 1, in paragraph 9C(1)(a), for “a United Kingdom national” substitute “settled in the United Kingdom”.

CHAPTER 14 Spent provisions

Omission of spent provisions

15.—(1) In regulation 4, omit paragraph (14).

(2) In regulation 90(42), omit “Subject to regulation 90A,”.

(3) Omit regulation 90A.

(4) In regulation 157F(4), omit “Subject to regulation 157FA”.

(5) Omit regulation 157FA.

CHAPTER 15 Amendment of definition of person granted Calais leave

Persons granted Calais leave

16.  In regulation 2(1), in paragraph (b) of the definition of “person granted Calais leave”, for “first granted such leave” substitute “granted such leave to remain”.

CHAPTER 16 Students treated as attending a course and payments of loans for living costs

Students treated as attending a course and payment of loans for living costs

17.—(1) In regulation 18(2)(43)—

(a) in sub-paragraph (a), for “student undertaking an intensive course” substitute “compressed degree student”;

(b) in sub-paragraph (b)(i), for “student undertaking an intensive course” substitute “compressed degree student”.

(2) In regulation 39(2)—

(a) in sub-paragraph (a), for “student undertaking an intensive course” substitute “compressed degree student”;

(b) in sub-paragraph (c)(i), for “student undertaking an intensive course” substitute “compressed degree student”.

(3) In regulation 82(2)(a), for “student undertaking an intensive course” substitute “compressed degree student”.

(4) In regulation 86(2)—

(a) in sub-paragraph (a), for “student undertaking an intensive course” substitute “compressed degree student”;

(b) in sub-paragraph (c)(i), for “student undertaking an intensive course” substitute “compressed degree student”.

CHAPTER 17 Update of amounts specified in Regulations

18.  The Schedule to these Regulations makes provision to update amounts specified in the Education (Student Support) Regulations 2011.

PART 3 Corresponding amendments to other Regulations

CHAPTER 1 Amendment of the Education (Fees and Awards) (England) Regulations 2007

SECTION 1 Introductory

Amendment of the Education (Fees and Awards) (England) Regulations 2007

19.  The Education (Fees and Awards) (England) Regulations 2007(44) are amended as follows.

SECTION 2 Afghan locally employed staff

Afghan locally employed staff: fees and awards

20.—(1) In each of the regulations listed in sub-paragraphs (a) to (g)(45), in the appropriate place insert “, 5A”—

(a) regulation 4(1)(a);

(b) regulation 5(1)(b) and (c);

(c) regulation 6(1)(b)(i) and (c)(i);

(d) regulation 7(1) and (2);

(e) regulation 8(1)(a) and (2)(a);

(f) regulation 9(1)(a) and (2)(a);

(g) regulation 9A(1) and (2).

(2) In Schedule 1—

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

““person granted leave under the Afghan Relocations and Assistance 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(iv) 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 Scheme;

(iii)

indefinite leave to enter or remain in the United Kingdom, outside those rules, on the basis of the Afghan Relocations and Assistance 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 276BJ1 or 276BO1 of those rules;

(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 5, insert—

“Persons granted leave under the Afghan Relocations and Assistance Scheme

5A.   A person granted leave under the Afghan Relocations and Assistance Scheme who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.”.

SECTION 3 Students from British overseas territories

Persons resident in Gibraltar

21.—(1) In regulation 4(1B)(46) for “9B and 9BA” substitute “9B, 9BA and 9E”.

(2) In regulation 5(2) for “9B and 9BA” substitute “9B, 9BA and 9E”.

(3) In regulation 6(1C) for “9B and 9BA” substitute “9B, 9BA and 9E”.

(4) In regulation 7(3) for “9B and 9BA” substitute “9B, 9BA and 9E”.

(5) In regulation 8(4) for “9B and 9BA” substitute “9B, 9BA and 9E”.

(6) In regulation 9(4) for “9B and 9BA” substitute “9B, 9BA and 9E”.

(7) In regulation 9A(4) for “9B and 9BA” substitute “9B, 9BA and 9E”.

Students from British overseas territories: fees and awards

22.  In Schedule 1

(a) in paragraph (1), in paragraph (e) of the definition of “family member”(47), for “paragraphs 9, 9B, 9C, 9D and 9E” substitute “paragraphs 9, 9B, 9E or for the purposes of paragraphs 9C and 9D in relation to a person settled in the United Kingdom”;

(b) in paragraph 9C(1)(a)—

(i) in sub-paragraph (i), for “a United Kingdom national” substitute “a person who is settled in the United Kingdom”;

(ii) in sub-paragraph (ii), at the end insert “, or who would be such a person if they were ordinarily resident in the United Kingdom”.

SECTION 4 Ending of grace period

Omission of references to grace period: fees and awards

23.  In Schedule 1—

(a) in paragraph 1(1)—

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

(ii) in the definition of “person with protected rights”, omit paragraph (a)(iii).

(b) omit paragraph 3(1)(a)(iii).

SECTION 5 Family members

Family members

24.  In Schedule 1, in paragraph 9D(1)(a) for “a United Kingdom national” substitute “settled in the United Kingdom”.

SECTION 6 Persons granted Calais leave

Persons granted Calais leave

25.  In Schedule 1, in paragraph 4D(b)(48), for “first granted such leave” substitute “granted such leave to remain”.

CHAPTER 2 Amendment of the Education (Student Support) (European University Institute) Regulations 2010

SECTION 1 Introductory

Amendment of the Education (Student Support) (European University Institute) Regulations 2010

26.  The Education (Student Support) (European University Institute) Regulations 2010(49) are amended as follows.

SECTION 2 Eligibility of Afghan locally employed staff

Eligibility of Afghan locally employed staff: European University Institute

27.—(1) In regulation 9—

(a) in paragraph (2)(b)(i)(50), after “5” insert “, 5A”;

(b) after paragraph (11B)(51) insert—

“(11C) Where—

(a) the Secretary of State determined that, by virtue of being a person granted leave under the Afghan Relocations and Assistance Scheme, a person (“A”) was an eligible person in connection with—

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

(ii) an application for support for a designated course at the Institute from which A’s status as an 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 the person granted leave under the Afghan Relocations and Assistance Scheme is allowed to stay in the United Kingdom has expired,

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 Schedule 1 (eligible students)—

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

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

(a)

who has —

(i)

indefinite leave to enter the United Kingdom under paragraph 276BA2 of or has indefinite leave to remain under paragraph 276BS2 of the Immigration Rules, having been relocated to the United Kingdom pursuant to paragraph 276BB1(iv) 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 Scheme;

(iii)

indefinite leave to enter or remain in the United Kingdom, outside those rules, on the basis of the Afghan Relocations and Assistance 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 276BJ1 or 276BO1 of those rules;

(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 5, insert—

“Persons granted leave under the Afghan Relocations and Assistance Scheme

5A.   A person granted leave under the Afghan Relocations and Assistance Scheme who is ordinarily resident in England on the relevant date.”.

SECTION 3 Ending of grace period

Omission of references to grace period: European University Institute

28.—(1) In regulation 3(1)—

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

(b) in the definition of “person with protected rights”, omit paragraph (a)(iii).

(2) In regulation 9(11B)(a)—

(a) in paragraph (i), omit “(iii),”;

(b) in paragraph (ii), omit “(iii) or”.

(3) In Schedule 1 (eligible students), omit paragraph 3(1)(a)(iii).

SECTION 4 Students from British overseas territories

Eligibility of students from British overseas territories

29.—(1) In regulation 9(2)(b)(i)(52) after “9BA,” insert “9BB,”.

(2) In regulation 17(2) for the words from “paragraphs 2A” to the end substitute “paragraphs 2A, 3(1)(d)(ii), 6A(1)(c)(ii), 7A(1)(b)(ii), 9, 9A, 9BA, 9BB, 9C, 9D, 10, 10ZA, 11A(c)(ii) and 12A(d)(ii).”.

(3) In regulation 19(2), for the words from “paragraphs 2A” to the end substitute “paragraphs 2A, 3(1)(d)(ii), 6A(1)(c)(ii), 7A(1)(b)(ii), 9, 9A, 9BA, 9BB, 9C, 9D, 10, 10ZA, 11A(c)(ii) and 12A(d)(ii).”.

(4) In regulation 22(3), for the words from “paragraphs 2A” to the end substitute “paragraphs 2A, 3(1)(d)(ii), 6A(1)(c)(ii), 7A(1)(b)(ii), 9, 9A, 9BA, 9BB, 9C, 9D, 10, 10ZA, 11A(c)(ii) and 12A(d)(ii).”.

(5) In regulation 24(2), for the words from “paragraphs 2A” to the end substitute “paragraphs 2A, 3(1)(d)(ii), 6A(1)(c)(ii), 7A(1)(b)(ii), 9, 9A, 9BA, 9BB, 9C, 9D, 10, 10ZA, 11A(c)(ii) and 12A(d)(ii).”.

(6) In Schedule 1—

(a) in paragraph 1(1)—

(i) in paragraph (e) of the definition of “family member”(53) for “paragraphs 9, 9B, 9C and 9D” substitute “paragraphs 9, 9B and 9D, or for the purposes of paragraph 9C in relation to a person settled in the United Kingdom”;

(ii) after the definition of “Member State” insert—

““overseas territories” means Anguilla; Aruba; Bermuda; British Antarctic Territory; British Indian Ocean Territory; British Virgin Islands; Cayman Islands; Falkland Islands; Faroe Islands; French Polynesia; French Southern and Antarctic Territories; Gibraltar; Mayotte; Greenland; Montserrat; Netherlands Antilles (Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten); Pitcairn, Henderson, Ducie and Oeno Islands; South Georgia and the South Sandwich Islands; St Barthélemy; St Helena and Dependencies (Ascension Island and Tristan da Cunha); St Pierre et Miquelon; the Territory of New Caledonia and Dependencies; Turks and Caicos Islands; and Wallis and Futuna;”;

(iii) after the definition of “settled” insert—

““specified British overseas territories” means Anguilla; Bermuda; British Antarctic Territory; British Indian Ocean Territory; British Virgin Islands; Cayman Islands; Falkland Islands; Gibraltar; Montserrat; Pitcairn, Henderson, Ducie and Oeno Islands; South Georgia and the South Sandwich Islands; St Helena and Dependencies (Ascension Island and Tristan da Cunha); and Turks and Caicos Islands;”;

(b) for paragraph 1(7) substitute—

“(7) For the purposes of this Schedule, a person (“A”) is to be treated as ordinarily resident in an area if A would have been so resident but for the fact that—

(a) A;

(b) A’s spouse or civil partner;

(c) A’s parent; or,

(d) in the case of a dependent direct relative in the ascending line, A’s child or child’s spouse or civil partner,

is or was temporarily employed outside the area in question.”;

(c) for paragraph 1(8) substitute—

“(8) For the purposes of sub-paragraph (7), temporary employment outside the area in question includes—

(a) in the case of members of the regular naval, military or air forces of the Crown, any period which they serve outside the United Kingdom as members of such forces;

(b) in the case of members of the regular armed forces of a specified British overseas territory, any period which they serve outside the territory comprising the United Kingdom and the specified British overseas territories as members of such forces;

(c) in the case of members of the regular armed forces of the Republic of Ireland, any period which they serve outside the territory comprising the United Kingdom, the Islands and the Republic of Ireland as members of such forces;

(d) in the case of members of the regular armed forces of an EEA State or Switzerland, any period which they serve outside the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland as members of such forces;

(e) in the case of members of the regular armed forces of Turkey, any period which they serve outside the territory comprising the United Kingdom, Gibraltar, the European Economic Area, Switzerland and Turkey as members of such forces; and

(f) in the case of members of the regular armed forces of an EU overseas territory, any period which they serve outside the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories.”;

(d) in paragraph 3(1)(d), for the words from “ordinarily resident” to the end substitute—

“ordinarily resident immediately before the period of ordinary residence referred to in paragraph (c) in the territory comprising—

(i) the United Kingdom, Gibraltar, the European Economic Area and Switzerland; or

(ii) the overseas territories.”;

(e) in paragraph 6A, for sub-paragraph (1)(c), substitute—

“(c) has been ordinarily resident throughout the three-year period preceding the relevant date either—

(i) in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland; or

(ii) in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories where at least part of that ordinary residence was in the overseas territories;”;

(f) in paragraph 7A, for sub-paragraph (1)(b) substitute—

“(b) has been ordinarily resident throughout the three-year period preceding the relevant date either—

(i) in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland; or

(ii) in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories where at least part of that ordinary residence was in the overseas territories;”;

(g) in paragraph 9A—

(i) in sub-paragraph (1)(c)—

(aa) omit “Gibraltar,”; and

(bb) for “and Switzerland” substitute “, Switzerland and the overseas territories”;

(ii) in sub-paragraph (1)(d)—

(aa) omit “Gibraltar,”; and

(bb) for “and Switzerland” substitute “, Switzerland and the overseas territories”;

(iii) in sub-paragraph (2)—

(aa) omit “Gibraltar”; and

(bb) for “and Switzerland” substitute “, Switzerland and the overseas territories”;

(h) after paragraph 9BA(54) insert—

“9BB.— (1) A person—

(a) who is settled in the United Kingdom on the relevant date;

(b) who is ordinarily resident in England on the relevant date;

(c) who has been ordinarily resident in the specified British overseas territories for at least part of the three-year period preceding the relevant date;

(d) who has been ordinarily resident in the territory comprising the United Kingdom, the Islands and the specified British overseas territories throughout the three-year period preceding the relevant date; and

(e) subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, the Islands and the specified British overseas territories has not during any part of the period referred to in paragraph (d) been wholly or mainly for the purpose of receiving full-time education.

(2) Paragraph (e) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, the Islands and the specified British overseas territories in accordance with paragraph 1(7).”;

(i) For paragraph 9D substitute—

“9D.— (1) A person—

(a) who on the relevant date is—

(i) a United Kingdom national who has resident status in Gibraltar granted by the Government of Gibraltar;

(ii) a family member of a United Kingdom national where that family member has resident status in Gibraltar granted by the Government of Gibraltar;

(b) who is ordinarily resident in England on the relevant date;

(c) who has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the relevant date; and

(d) subject to sub-paragraph (3), whose ordinary residence in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.

(2) A person—

(a) who on the relevant date is—

(i) an EU national who has a right of residence in Gibraltar arising under the EU withdrawal agreement; or

(ii) a family member of an EU national, where that family member has a right of residence in Gibraltar arising under the EU withdrawal agreement;

(b) who is ordinarily resident in England on the relevant date;

(c) who has been ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the relevant date; and

(d) subject to sub-paragraph (3), whose ordinary residence in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.

(3) Paragraph (d) of sub-paragraphs (1) and (2) does not apply to a person treated as being ordinarily resident in the territory referred to in paragraph (c) of those sub-paragraphs in accordance with paragraph 1(7).”;

(j) in paragraph 10ZA(d)(55)—

(i) omit “Gibraltar,”; and

(ii) for “and Switzerland” substitute “Switzerland and the overseas territories”;

(k) in paragraph 11A, for sub-paragraph (c), substitute—

“(c) has been ordinarily resident throughout the three-year period preceding the relevant date either—

(i) in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland; or

(ii) in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories where at least part of that ordinary residence was in the overseas territories.”;

(l) in paragraph 12A, for sub-paragraph (d) substitute—

“(d) has been ordinarily resident throughout the three-year period preceding the relevant date either—

(i) in the territory comprising the United Kingdom, Gibraltar, the European Economic Area, Switzerland and Turkey; or

(ii) in the territory comprising the United Kingdom, the European Economic Area, Switzerland, Turkey and the overseas territories where at least part of that ordinary residence was in the overseas territories.”.

SECTION 5 Family members

Family members

30.  In Schedule 1, in paragraph 9C(1)(a) for “a United Kingdom national” substitute “settled in the United Kingdom”.

SECTION 6 Eligibility

Eligibility

31.  In Schedule 1, for “first day of the first academic year of the course” substitute “relevant date” in paragraph 2A(1)(c)(56).

SECTION 7 Amendment of definition of person granted Calais leave

Persons granted Calais leave

32.  In regulation 3(1), in paragraph (b) of the definition of “person granted Calais leave”, for “first granted such leave” substitute “granted such leave to remain”.

CHAPTER 3 Amendment of the Further Education Loans Regulations 2012

SECTION 1 Introductory

Amendment of the Further Education Loans Regulations 2012

33.  The Further Education Loans Regulations 2012(57) are amended as follows.

SECTION 2 Eligibility of Afghan locally employed staff

Eligibility of Afghan locally employed staff: further education loans

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

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

(a)

who has —

(i)

indefinite leave to enter the United Kingdom under paragraph 276BA2 of or has indefinite leave to remain under paragraph 276BS2 of the Immigration Rules, having been relocated to the United Kingdom pursuant to paragraph 276BB1(iv) 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 Scheme;

(iii)

indefinite leave to enter or remain in the United Kingdom, outside those rules, on the basis of the Afghan Relocations and Assistance 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 276BJ1 or 276BO1 of those rules;

(b)

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

(2) In regulation 3—

(a) in paragraph (2)(a)(i), after “5,” insert “5A,”;

(b) after paragraph (8) insert—

“(8A) Where—

(a) the Secretary of State has determined that, by virtue of being a person granted leave under the Afghan Relocations and Assistance Scheme, a person (“A”) is an eligible student in connection with an application for a fee loan for a designated further education course; and

(b) as at the day before that course begins, the period for which the person granted leave under the Afghan Relocations and Assistance Scheme is allowed to stay in the United Kingdom has expired,

A’s status as an eligible student terminates immediately before the first day of the course.”.

(3) In regulation 7(58), move the terminal “or” from after paragraph (k) to after paragraph (l) and after that paragraph insert—

“(m) the student becomes a person granted leave under the Afghan Relocations and Assistance Scheme.”.

(4) In Schedule 1 (eligible students), after paragraph 5, insert—

“Persons granted leave under the Afghan Relocations and Assistance Scheme

5A.   A person granted leave under the Afghan Relocations and Assistance Scheme who is ordinarily resident in the United Kingdom on the first day of the designated further education course.”.

SECTION 3 Ending of grace period

Omission of references to grace period: further education loans

35.—(1) In regulation 2(1) of the Further Education Loans Regulations 2012—

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

(b) in the definition of “person with protected rights”, omit paragraph (a)(iii).

(2) In regulation 3(10)(a)(59)—

(a) in paragraph (i), omit “(iii),”;

(b) in paragraph (ii), omit “(iii) or”.

(3) In Schedule 1 (eligible students), omit paragraph 3(1)(a)(iii).

SECTION 4 Students from British overseas territories

Eligibility of students from British overseas territories

36.—(1) In regulation 3(2)(a)(i) after “9BA,” insert “9BB,”.

(2) In regulation 7(d)(60), for “or 9D(1)(a)” substitute “, 9D(1)(a) or (2)(a)”.

(3) In Schedule 1—

(a) in paragraph 1(1)—

(i) in paragraph (e) of the definition of “family member”(61) for “paragraphs 9, 9B, 9C and 9D” substitute “paragraphs 9, 9B and 9D, or for the purposes of paragraph 9C in relation to a person settled in the United Kingdom”;

(ii) after the definition of “family member” insert—

““overseas territories” means Anguilla; Aruba; Bermuda; British Antarctic Territory; British Indian Ocean Territory; British Virgin Islands; Cayman Islands; Falkland Islands; Faroe Islands; French Polynesia; French Southern and Antarctic Territories; Gibraltar; Mayotte; Greenland; Montserrat; Netherlands Antilles (Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten); Pitcairn, Henderson, Ducie and Oeno Islands; South Georgia and the South Sandwich Islands; St Barthélemy; St Helena and Dependencies (Ascension Island and Tristan da Cunha); St Pierre et Miquelon; the Territory of New Caledonia and Dependencies; Turks and Caicos Islands; and Wallis and Futuna;”;

(iii) after the definition of “settled” insert—

““specified British overseas territories” means Anguilla; Bermuda; British Antarctic Territory; British Indian Ocean Territory; British Virgin Islands; Cayman Islands; Falkland Islands; Gibraltar; Montserrat; Pitcairn, Henderson, Ducie and Oeno Islands; South Georgia and the South Sandwich Islands; St Helena and Dependencies (Ascension Island and Tristan da Cunha); and Turks and Caicos Islands;”;

(b) for paragraph 1(5) substitute—

“(5) For the purposes of this Schedule, a person (“A”) is to be treated as ordinarily resident in an area if A would have been so resident but for the fact that—

(a) A;

(b) A’s spouse or civil partner;

(c) A’s parent; or,

(d) in the case of a dependent direct relative in the ascending line, A’s child or child’s spouse or civil partner,

is or was temporarily employed outside the area in question.”;

(c) for paragraph 1(6) substitute—

“(6) For the purposes of sub-paragraph (5), temporary employment outside the area in question includes—

(a) in the case of members of the regular naval, military or air forces of the Crown, any period which they serve outside the United Kingdom as members of such forces;

(b) in the case of members of the regular armed forces of a specified British overseas territory, any period which they serve outside the territory comprising the United Kingdom and the specified British overseas territories as members of such forces;

(c) in the case of members of the regular armed forces of the Republic of Ireland, any period which they serve outside the territory comprising the United Kingdom, the Islands and the Republic of Ireland as members of such forces;

(d) in the case of members of the regular armed forces of an EEA State or Switzerland, any period which they serve outside the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland as members of such forces;

(e) in the case of members of the regular armed forces of Turkey, any period which they serve outside the territory comprising the United Kingdom, Gibraltar, the European Economic Area, Switzerland and Turkey as members of such forces; and

(f) in the case of members of the regular armed forces of an EU overseas territory, any period which they serve outside the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories.”;

(d) in paragraph 3(1)(d)—

(i) omit “Gibraltar”; and

(ii) for “and Switzerland” substitute “, Switzerland and the overseas territories”;

(e) in paragraph 6A(1)(c)—

(i) omit “Gibraltar”; and

(ii) for “and Switzerland” substitute “, Switzerland and the overseas territories”;

(f) in paragraph 7A(1)(b)—

(i) omit “Gibraltar”; and

(ii) for “and Switzerland” substitute “, Switzerland and the overseas territories”;

(g) in paragraph 9A(1)—

(i) in paragraph (c)—

(aa) omit “Gibraltar”; and

(bb) for “and Switzerland” substitute “, Switzerland and the overseas territories”;

(ii) in paragraph (d)—

(aa) omit “Gibraltar”; and

(bb) for “and Switzerland” substitute “, Switzerland and the overseas territories”;

(h) in paragraph 9A(2)—

(i) omit “Gibraltar”; and

(ii) for “and Switzerland” substitute “, Switzerland and the overseas territories”;

(i) after paragraph 9BA(62) insert—

“9BB.   A person—

(a) who is settled in the United Kingdom on the first day of the designated further education course;

(b) who is attending or undertaking a designated further education course in England;

(c) who has been ordinarily resident in the specified British overseas territories for at least part of the three-year period preceding the first day of the designated further education course;

(d) who has been ordinarily resident in the territory comprising the United Kingdom, the Islands and the specified British overseas territories throughout the three-year period preceding the first day of the designated further education course;

(e) who did not move to England from the Islands for the purpose of undertaking the current course or a course which the person undertook immediately before undertaking the current course; and

(f) subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, the Islands and the specified British overseas territories has not during any part of the period referred to in paragraph (d) been wholly or mainly for the purpose of receiving full-time education.

(2) Paragraph (f) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, the Islands and the specified British overseas territories in accordance with paragraph 1(5).”;

(j) for paragraph 9D(63) substitute—

“9D.— (1) A person—

(a) who is—

(i) a United Kingdom national who has resident status in Gibraltar granted by the Government of Gibraltar;

(ii) a family member of a United Kingdom national where that family member has resident status in Gibraltar granted by the Government of Gibraltar;

(b) who is attending or undertaking a designated further education course in England;

(c) who has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the designated further education course; and

(d) subject to sub-paragraph (3), whose ordinary residence in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.

(2) A person—

(a) who is—

(i) an EU national who has a right of residence in Gibraltar arising under the EU withdrawal agreement; or

(ii) a family member of an EU national, where that family member has a right of residence in Gibraltar arising under the EU withdrawal agreement;

(b) who is attending or undertaking a designated further education course in England;

(c) who has been ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the designated further education course; and

(d) subject to sub-paragraph (3), whose ordinary residence in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.

(3) Paragraph (d) of sub-paragraphs (1) and (2) does not apply to a person treated as being ordinarily resident in the territory referred to in paragraph (c) of those sub-paragraphs in accordance with paragraph 1(5).”;

(k) in paragraph 10A(d)—

(i) omit “Gibraltar”; and

(ii) for “and Switzerland” substitute “, Switzerland and the overseas territories”;

(l) in paragraph 11A(c)—

(i) omit “Gibraltar”; and

(ii) for “and Switzerland” substitute “, Switzerland and the overseas territories”;

(m) in paragraph 12A(d)—

(i) omit “Gibraltar”; and

(ii) for “and Turkey” substitute “, Turkey and the overseas territories”.

SECTION 5 Family members

Family members

37.  In Schedule 1, in paragraph 9C(1)(a) for “a United Kingdom national” substitute “settled in the United Kingdom”.

SECTION 6 Amendment of definition of person granted Calais leave

Persons granted Calais leave

38.  In regulation 2(1), in paragraph (b) of the definition of “person granted Calais leave”, for “first granted such leave” substitute “granted such leave to remain”.

SECTION 7 Long residence

Long residence

39.  In Schedule 1, in paragraph 13(1)(b), at the end insert “on the first day of a designated further education course”.

CHAPTER 4 Amendment of the Education (Postgraduate Master’s Degree Loans) Regulations 2016

SECTION 1 Introductory

Amendment of the Education (Postgraduate Master’s Degree Loans) Regulations 2016

40.  The Education (Postgraduate Master’s Degree Loans) Regulations 2016(64) are amended as follows.

SECTION 2 Students in apprenticeship funding

Removal of eligibility for students in apprenticeships: Master’s degrees

41.  In regulation 3(3), after sub-paragraph (f)(65), insert—

“(fa) A is studying on a course as part of an apprenticeship;”.

SECTION 3 Eligibility of Afghan locally employed staff

Eligibility of Afghan locally employed staff: Master’s degrees

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

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

(a)

who has —

(i)

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

(ii)

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

(iii)

indefinite leave to enter or remain in the United Kingdom, outside those rules, on the basis of the Afghan Relocations and Assistance 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 276BJ1 or 276BO1 of those rules;

(b)

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

(2) In regulation 3(2)(a)(66), after “5,” insert “5A,”.

(3) In regulation 8(67), move the terminal “or” after paragraph (l) to after paragraph (m) and after that paragraph insert—

“(n) the student becomes a person granted leave under the Afghan Relocations and Assistance Scheme.”.

(4) In Schedule 1 (eligible students) after paragraph 5, insert—

“Persons granted leave under the Afghan Relocations and Assistance Scheme

5A.   A person granted leave under the Afghan Relocations and Assistance Scheme who is ordinarily resident in England on the first day of the first academic year of the course.”.

SECTION 4 Long residence

Eligibility on the basis of long residence: Master’s degrees

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

SECTION 5 Ending of grace period

Omission of references to grace period: Master’s degrees

44.—(1) In regulation 2(1)—

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

(b) in the definition of “person with protected rights”, omit paragraph (a)(iii).

(2) In regulation 3(9)(a)—

(a) in paragraph (i), omit “(iii),”;

(b) in paragraph (ii), omit “(iii) or”.

(3) In Schedule 1 (eligible students), omit paragraph 3(1)(a)(iii).

SECTION 6 Students from British overseas territories

Eligibility of students from British overseas territories

45.—(1) In regulation 3(2)(a) after “9BA,” insert “9BB,”.

(2) In regulation 8(d)(68), for “or 9D(1)(a)” substitute “, 9D(1)(a) or (2)(a)”.

(3) In Schedule 1—

(a) in paragraph 1(1)—

(i) in paragraph (e) of the definition of “family member”(69), for “paragraphs 9, 9B, 9C and 9D” substitute “paragraphs 9, 9B and 9D and for the purposes of paragraph 9C in relation to a person settled in the United Kingdom”;

(ii) after the definition of “family member” insert—

““overseas territories” means Anguilla; Aruba; Bermuda; British Antarctic Territory; British Indian Ocean Territory; British Virgin Islands; Cayman Islands; Falkland Islands; Faroe Islands; French Polynesia; French Southern and Antarctic Territories; Gibraltar; Mayotte; Greenland; Montserrat; Netherlands Antilles (Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten); Pitcairn, Henderson, Ducie and Oeno Islands; South Georgia and the South Sandwich Islands; St Barthélemy; St Helena and Dependencies (Ascension Island and Tristan da Cunha); St Pierre et Miquelon; the Territory of New Caledonia and Dependencies; Turks and Caicos Islands; and Wallis and Futuna;”;

(iii) after the definition of “settled” insert—

““specified British overseas territories” means Anguilla; Bermuda; British Antarctic Territory; British Indian Ocean Territory; British Virgin Islands; Cayman Islands; Falkland Islands; Gibraltar; Montserrat; Pitcairn, Henderson, Ducie and Oeno Islands; South Georgia and the South Sandwich Islands; St Helena and Dependencies (Ascension Island and Tristan da Cunha); and Turks and Caicos Islands;”;

(b) for paragraph 1(5) substitute—

“(5) For the purposes of this Schedule, a person (“A”) is to be treated as ordinarily resident in an area if A would have been so resident but for the fact that—

(a) A;

(b) A’s spouse or civil partner; or

(c) in the case of a dependent direct relative in the ascending line, A’s child or child’s spouse or civil partner,

is or was temporarily employed outside the area in question.”;

(c) for paragraph 1(6) substitute—

“(6) For the purposes of sub-paragraph (5), temporary employment outside the area in question includes—

(a) in the case of members of the regular naval, military or air forces of the Crown, any period which they serve outside the United Kingdom as members of such forces;

(b) in the case of members of the regular armed forces of a specified British overseas territory, any period which they serve outside the territory comprising the United Kingdom and the specified British overseas territories as members of such forces;

(c) in the case of members of the regular armed forces of the Republic of Ireland, any period which they serve outside the territory comprising the United Kingdom, the Islands and the Republic of Ireland as members of such forces;

(d) in the case of members of the regular armed forces of an EEA State or Switzerland, any period which they serve outside the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland as members of such forces;

(e) in the case of members of the regular armed forces of Turkey, any period which they serve outside the territory comprising the United Kingdom, Gibraltar, the European Economic Area, Switzerland and Turkey as members of such forces; and

(f) in the case of members of the regular armed forces of an EU overseas territory, any period which they serve outside the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories.”;

(d) in paragraph 3(1)(d)—

(i) omit “Gibraltar”; and

(ii) for “and Switzerland” substitute “, Switzerland and the overseas territories”;

(e) in paragraph 6A(1)(c)—

(i) omit “Gibraltar”; and

(ii) for “and Switzerland” substitute “, Switzerland and the overseas territories”;

(f) in paragraph 7A(1)(b)—

(i) omit “Gibraltar”; and

(ii) for “and Switzerland” substitute “, Switzerland and the overseas territories”;

(g) in paragraph 9A(1)—

(i) in paragraph (c)—

(aa) omit “Gibraltar”; and

(bb) for “and Switzerland” substitute “, Switzerland and the overseas territories”;

(ii) in paragraph (d)—

(aa) omit “Gibraltar”; and

(bb) for “and Switzerland” substitute “, Switzerland and the overseas territories”;

(h) in paragraph 9A(2)—

(i) omit “Gibraltar”; and

(ii) for “and Switzerland” substitute “, Switzerland and the overseas territories”;

(i) after paragraph 9BA(70) insert—

“9BB.— (1) A person—

(a) who is settled in the United Kingdom on the first day of the first academic year of the course;

(b) who is attending or undertaking a designated course in England;

(c) who has been ordinarily resident in the specified British overseas territories for at least part of the three-year period preceding the first day of the first academic year of the course;

(d) who has been ordinarily resident in the territory comprising the United Kingdom, the Islands and the specified British overseas territories throughout the three-year period preceding the first day of the first academic year of the course;

(e) who did not move to England from the Islands for the purpose of undertaking the designated course or a course which, disregarding any intervening vacation, the person undertook immediately before undertaking the designated course; and

(f) subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, the Islands and the specified British overseas territories has not during any part of the period referred to in paragraph (d) been wholly or mainly for the purpose of receiving full-time education.

(2) Paragraph (f) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, the Islands and the specified British overseas territories in accordance with paragraph 1(5).”;

(j) for paragraph 9D(71) substitute—

“9D.— (1) A person—

(a) who is—

(i) a United Kingdom national who has resident status in Gibraltar granted by the Government of Gibraltar;

(ii) a family member of a United Kingdom national where that family member has resident status in Gibraltar granted by the Government of Gibraltar;

(b) who is attending or undertaking a designated course in England;

(c) who has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and

(d) subject to sub-paragraph (3), whose ordinary residence in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.

(2) A person—

(a) who is—

(i) an EU national who has a right of residence in Gibraltar arising under the EU withdrawal agreement; or

(ii) a family member of an EU national, where that family member has a right of residence in Gibraltar arising under the EU withdrawal agreement;

(b) who is attending or undertaking a designated course in England;

(c) who has been ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course; and

(d) subject to sub-paragraph (3), whose ordinary residence in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.

(3) Paragraph (d) of sub-paragraphs (1) and (2) does not apply to a person treated as being ordinarily resident in the territory referred to in paragraph (c) of those sub-paragraphs in accordance with paragraph 1(5).”;

(k) in paragraph 10A(d)—

(i) omit “Gibraltar”; and

(ii) for “and Switzerland” substitute “, Switzerland and the overseas territories”;

(l) in paragraph 11A(c)—

(i) omit “Gibraltar”; and

(ii) for “and Switzerland” substitute “, Switzerland and the overseas territories”;

(m) in paragraph 12A(d)—

(i) omit “Gibraltar”; and

(ii) for “and Turkey” substitute “, Turkey and the overseas territories”.

SECTION 7 Family members

Family members

46.  In Schedule 1, in paragraph 9C(1)(a) for “a United Kingdom national” substitute “settled in the United Kingdom”.

SECTION 8 Amendment of definitions

Definitions

47.  In regulation 2(1)—

(a) in paragraph (b) of the definition of “person granted Calais leave”, for “first granted such leave” substitute “granted such leave to remain”;

(b) in paragraph (b) of the definition of “person granted section 67 leave” for “throughout the three-year period preceding the first day of the first academic year of the course” substitute “since the person was granted such leave”.

SECTION 9 Amounts of loan

Update of amount of loan

48.  In regulation 12(1) and (2)(72) for “£11,570” substitute “£11,836”.

CHAPTER 5 Amendment of the Higher Education (Fee Limit Condition) (England) Regulations 2017

SECTION 1 Introductory

Amendment of the Higher Education (Fee Limit Condition) (England) Regulations 2017

49.  The Higher Education (Fee Limit Condition) (England) Regulations 2017(73) are amended as follows.

SECTION 2 Courses for initial training of teachers

Courses for initial training of teachers: qualifying persons

50.  In regulation 5—

(a) in paragraph (2)(a)(i), omit “(including such a course leading to a first degree)”;

(b) after paragraph (2), insert—

“(2A) Paragraph (2)(a) does not apply where—

(a) the current course is a course for the initial training of teachers in further education which has content equivalent to a Diploma in Education and Training, a Professional Graduate Certificate in Education or a Postgraduate Certificate in Education; and

(b) the student already holds qualified teacher learning and skills status.”.

(c) after paragraph (3)(e), insert—

“(f) “qualified teacher learning and skills status” means the status held by a person who is outside the definition of “qualified teacher” in this regulation by virtue of that person falling within the proviso described in paragraphs (i) and (ii) of that definition;

(g) “course for the initial training of teachers” has the same meaning as in regulation 2(1) of the Education (Student Support) Regulations 2011.”.

SECTION 3 Afghan locally employed staff

Afghan locally employed staff: qualifying persons

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

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

(a)

who has —

(i)

indefinite leave to enter the United Kingdom under paragraph 276BA2 of or has indefinite leave to remain under paragraph 276BS2 of the Immigration Rules, having been relocated to the United Kingdom pursuant to paragraph 276BB1(iv) 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 Scheme;

(iii)

indefinite leave to enter or remain in the United Kingdom, outside those rules, on the basis of the Afghan Relocations and Assistance 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 276BJ1 or 276BO1 of those rules;

(b)

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

(2) In regulation 4(4)(a)(74), after “5E,” insert “5F,”.

(3) In regulation 6(2)(75), move the terminal “or” from after sub-paragraph (k) to after sub-paragraph (l) and after that paragraph insert—

“(m) the student becomes a person granted leave under the Afghan Relocations and Assistance Scheme.”.

(4) In the Schedule (qualifying persons), after paragraph 5E, insert—

“Persons granted leave under the Afghan Relocations and Assistance Scheme

5F.   A person granted leave under the Afghan Relocations and Assistance Scheme who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.”.

SECTION 4 Students from British overseas territories

Persons resident in Gibraltar

52.  In regulation 4(6)(76), for “9A, 10B and 10BA” substitute “9A, 10B, 10BA and 10E”.

Students from British overseas territories: qualifying persons

53.  In the Schedule—

(a) in paragraph 1(1), in paragraph (e) of the definition of “family member”(77) for “paragraphs 10, 10B, 10C, 10D and 10E” substitute “paragraphs 10, 10B and 10E and for the purposes of paragraphs 10C and 10D in relation to persons settled in the United Kingdom”

(b) in paragraph 10C(1)(a)—

(i) in sub-paragraph (i), for “a United Kingdom national” substitute “a person who is settled in the United Kingdom”;

(ii) in sub-paragraph (ii), at the end insert “, or who would be such a person if they were ordinarily resident in the United Kingdom”.

SECTION 5 Family members

Family members

54.  In the Schedule, in paragraph 10D(1)(a) for “a United Kingdom national” substitute “settled in the United Kingdom”.

SECTION 6 Amendment to definition of person granted Calais leave

Persons granted Calais leave

55.  In regulation 2(bbb)(78), in paragraph (ii) of the definition of “person granted Calais leave” for “first granted such leave” substitute “granted such leave to remain”.

CHAPTER 6 Amendment of the Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No 2) etc.) Regulations 2018

SECTION 1 Introductory

Amendment of the Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No 2) etc.) Regulations 2018

56.  The Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No 2) etc.) Regulations 2018(79) are amended as follows.

SECTION 2 Students in apprenticeship funding

Removal of eligibility for students in apprenticeships: Doctoral degrees

57.  In regulation 3(3), after sub-paragraph (f), insert—

“(fa) A is studying on a course as part of an apprenticeship;”.

SECTION 3 Eligibility of Afghan locally employed staff

Eligibility of Afghan locally employed staff: Doctoral degrees

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

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

(a)

who has —

(i)

indefinite leave to enter the United Kingdom under paragraph 276BA2 of or has indefinite leave to remain under paragraph 276BS2 of the Immigration Rules, having been relocated to the United Kingdom pursuant to paragraph 276BB1(iv) 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 Scheme;

(iii)

indefinite leave to enter or remain in the United Kingdom, outside those rules, on the basis of the Afghan Relocations and Assistance 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 276BJ1 or 276BO1 of those rules;

(b)

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

(2) In regulation 3(2)(a)(80) after “6,” insert “6A,”.

(3) In regulation 8(81), move the terminal “or” from after paragraph (l) to after paragraph (m) and after that paragraph insert—

“(n) the student becomes a person granted leave under the Afghan Relocations and Assistance Scheme.”.

(4) In Schedule 1 (eligible students), after paragraph 6, insert—

“Persons granted leave under the Afghan Relocations and Assistance Scheme

6A.   A person granted leave under the Afghan Relocations and Assistance Scheme who is ordinarily resident in England on the first day of the first academic year of the course.”.

SECTION 4 Long residence

Eligibility on the basis of long residence: Doctoral degrees

59.  In Schedule 1 (eligible students), in paragraph 14(1)(b), after “in England”, insert “on the first day of the first academic year of the course”.

SECTION 5 Ending of grace period

Omission of references to grace period: Doctoral degrees

60.—(1) In regulation 2(1)—

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

(b) in the definition of “person with protected rights”, omit paragraph (a)(iii).

(2) In regulation 3(12)(a)—

(a) in paragraph (i), omit “(iii),”;

(b) in paragraph (ii), omit “(iii) or”.

(3) In Schedule 1 (eligible students), omit paragraph 3(1)(a)(iii).

SECTION 6 Students from British overseas territories

Eligibility of students from British overseas territories

61.—(1) In regulation 3(2)(a) after “10BA,” insert “10BB,”.

(2) In regulation 8(d)(82), for “or 10D(1)(a)” substitute “, 10D(1)(a) or 10D(2)(a)”.

(3) In Schedule 1—

(a) in paragraph 1(1)—

(i) in paragraph (e) of the definition of “family member”(83) for “paragraphs 10, 10B, 10C and 10D” substitute “paragraphs 10, 10B and 10D, and for the purposes of paragraph 10C in relation to persons settled in the United Kingdom”;

(ii) after the definition of “family member” insert—

“overseas territories” means Anguilla; Aruba; Bermuda; British Antarctic Territory; British Indian Ocean Territory; British Virgin Islands; Cayman Islands; Falkland Islands; Faroe Islands; French Polynesia; French Southern and Antarctic Territories; Gibraltar; Mayotte; Greenland; Montserrat; Netherlands Antilles (Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten); Pitcairn, Henderson, Ducie and Oeno Islands; South Georgia and the South Sandwich Islands; St Barthélemy; St Helena and Dependencies (Ascension Island and Tristan da Cunha); St Pierre et Miquelon; the Territory of New Caledonia and Dependencies; Turks and Caicos Islands; and Wallis and Futuna;”;

(iii) after the definition of “settled” insert—

““specified British overseas territories” means Anguilla; Bermuda; British Antarctic Territory; British Indian Ocean Territory; British Virgin Islands; Cayman Islands; Falkland Islands; Gibraltar; Montserrat; Pitcairn, Henderson, Ducie and Oeno Islands; South Georgia and the South Sandwich Islands; St Helena and Dependencies (Ascension Island and Tristan da Cunha); and Turks and Caicos Islands;”;

(b) for paragraph 1(5) substitute—

“(5) For the purposes of this Schedule, a person (“A”) is to be treated as ordinarily resident in an area if A would have been so resident but for the fact that—

(a) A;

(b) A’s spouse or civil partner; or

(c) in the case of a dependent direct relative in the ascending line, A’s child or child’s spouse or civil partner,

is or was temporarily employed outside the area in question.”;

(c) for paragraph 1(6) substitute—

“(6) For the purposes of sub-paragraph (5), temporary employment outside the area in question includes—

(a) in the case of members of the regular naval, military or air forces of the Crown, any period which they serve outside the United Kingdom as members of such forces;

(b) in the case of members of the regular armed forces of a specified British overseas territory, any period which they serve outside the territory comprising the United Kingdom and the specified British overseas territories as members of such forces;

(c) in the case of members of the regular armed forces of the Republic of Ireland, any period which they serve outside the territory comprising the United Kingdom, the Islands and the Republic of Ireland as members of such forces;

(d) in the case of members of the regular armed forces of an EEA State or Switzerland, any period which they serve outside the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland as members of such forces;

(e) in the case of members of the regular armed forces of Turkey, any period which they serve outside the territory comprising the United Kingdom, Gibraltar, the European Economic Area, Switzerland and Turkey as members of such forces; and

(f) in the case of members of the regular armed forces of an EU overseas territory, any period which they serve outside the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories.”;

(d) in paragraph 3(1)(d)—

(i) omit “Gibraltar”; and

(ii) for “and Switzerland” substitute “, Switzerland and the overseas territories”;

(e) in paragraph 7A(1)(c)—

(i) omit “Gibraltar”; and

(ii) for “and Switzerland” substitute “, Switzerland and the overseas territories”;

(f) in paragraph 8A(1)(b)—

(i) omit “Gibraltar”; and

(ii) for “and Switzerland” substitute “, Switzerland and the overseas territories”;

(g) in paragraph 10A(1)—

(i) in paragraph (c)—

(aa) omit “Gibraltar”; and

(bb) for “and Switzerland” substitute “, Switzerland and the overseas territories”;

(ii) in paragraph (d)—

(aa) omit “Gibraltar”; and

(bb) for “and Switzerland” substitute “, Switzerland and the overseas territories”;

(h) in paragraph 10A(2)—

(i) omit “Gibraltar”; and

(ii) for “and Switzerland” substitute “, Switzerland and the overseas territories”;

(i) after paragraph 10BA(84) insert—

“10BB.— (1) A person—

(a) who is settled in the United Kingdom on the first day of the first academic year of the course;

(b) who is attending or undertaking a designated course in England;

(c) who has been ordinarily resident in the specified British overseas territories for at least part of the three-year period preceding the first day of the first academic year of the course;

(d) who has been ordinarily resident in the territory comprising the United Kingdom, the Islands and the specified British overseas territories throughout the three-year period preceding the first day of the first academic year of the course;

(e) who did not move to England from the Islands for the purpose of undertaking the designated course or a course which, disregarding any intervening vacation, the person undertook immediately before undertaking the designated course; and

(f) subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, the Islands and the specified British overseas territories has not during any part of the period referred to in paragraph (d) been wholly or mainly for the purpose of receiving full-time education.

(2) Paragraph (f) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, the Islands and the specified British overseas territories in accordance with paragraph 1(5).”;

(j) for paragraph 10D(85) substitute—

“10D.— (1) A person—

(a) who is—

(i) a United Kingdom national who has resident status in Gibraltar granted by the Government of Gibraltar;

(ii) a family member of a United Kingdom national where that family member has resident status in Gibraltar granted by the Government of Gibraltar;

(b) who is attending or undertaking a designated course in England;

(c) who has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and

(d) subject to sub-paragraph (3), whose ordinary residence in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.

(2) A person—

(a) who is—

(i) an EU national who has a right of residence in Gibraltar arising under the EU withdrawal agreement; or

(ii) a family member of an EU national, where that family member has a right of residence in Gibraltar arising under the EU withdrawal agreement;

(b) who is attending or undertaking a designated course in England;

(c) who has been ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course; and

(d) subject to sub-paragraph (3), whose ordinary residence in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.

(3) Paragraph (d) of sub-paragraphs (1) and (2) does not apply to a person treated as being ordinarily resident in the territory referred to in paragraph (c) of those sub-paragraphs in accordance with paragraph 1(5).”;

(k) in paragraph 11A(d)—

(i) omit “Gibraltar”; and

(ii) for “and Switzerland” substitute “, Switzerland and the overseas territories”;

(l) in paragraph 12A(c)—

(i) omit “Gibraltar”; and

(ii) for “and Switzerland” substitute “, Switzerland and the overseas territories”;

(m) in paragraph 13A(d)—

(i) omit “Gibraltar”; and

(ii) for “and Turkey” substitute “, Turkey and the overseas territories”.

SECTION 7 Family members

Family members

62.  In Schedule 1, in paragraph 10C(1)(a) for “a United Kingdom national” substitute “settled in the United Kingdom”.

SECTION 8 Amendment of definitions

Definitions

63.  In regulation 2(1)—

(a) in paragraph (b) of the definition of “person granted Calais leave” for “first granted such leave” substitute “granted such leave to remain”;

(b) in paragraph (b) of the definition of “person granted section 67 leave” for “throughout the three-year period preceding the first day of the first academic year of the course” substitute “since the person was granted such leave”.

SECTION 9 Amounts of loan

Amount of the postgraduate doctoral degree loan

64.  In regulation 12(1)(a)(86) for “£27,265” substitute “£27,892”.

Payment of postgraduate doctoral degree loans

65.  In regulation 13(4)(87) for “£11,570” substitute “£11,836”.

Michelle Donelan

Minister of State

Department for Education

30th November 2021

Regulation 18

SCHEDULE Amendments relating to new payment rates for student support

In the following table, in each provision of the Education (Student Support) Regulations 2011 (“the 2011 Regulations”) listed in column 1, for the figure in column 2 (existing figure)(88) substitute the corresponding figure in column 3 (new figure)—

Column 1 Provision in the 2011 Regulations	Column 2 Existing figure		Column 3 New figure
Regulation 41(2)(a)	£25,000		£25,575
Regulation 44(3)(a)	£3,190		£3,263
Regulation 44(3)(b)	£3,190		£3,263
Regulation 45(5)(a)	£179.62		£183.75
Regulation 45(5)(b)	£307.95		£315.03
Regulation 46(2)	£1,821		£1,863
Regulation 47(1B)	£15,125.98		£15,271.98
Regulation 47(2C)(i)	£19,067.23		£19,281.99
Regulation 47(2C)(ii)	£27,131.39		£27,499.55
Regulation 47(3B)	£18,551.98		£18,635.98
Regulation 58(1)	£3,597		£3,680
Regulation 58(5)(a)	£3,597		£3,680
Regulations 58(5)(b)	£50,719 (in both places it occurs)		£50,724
Regulation 58(5)(b)	£3,597		£3,680
Regulation 58(5)(b)	£4.32		£4.23
Regulation 58(5)(b)	£34,280 (in both places it occurs)		£34,298
Regulation 58(5)(b)	£11.75		£11.47
Regulation 58(5)(c)	£50,719		£50,724
Regulation 59(1)	£3,919		£4,009
Regulation 59(2)(a)	£3,919		£4,009
Regulation 59(2)(b)	£42,721		£42,737
Regulation 59(2)(b)	£3,919		£4,009
Regulation 59(2)(b)	£4.58		£4.48
Regulation 59(2)(c)	£42,721		£42,737
Regulation 60(1)	£3,597		£3,680
Regulation 60(5)(a)	£3,597		£3,680
Regulation 60(5)(b)	£39,587 (in both places it occurs)		£39,593
Regulation 60(5)(b)	£3,597		£3,680
Regulation 60(5)(b)	£4.82		£4.71
Regulation 60(5)(b)	£7.53		£7.36
Regulation 60(5)(c)	£39,587		£39,593
Regulation 63(1)	£3,597		£3,680
Regulation 63(5)(a)	£3,597		£3,680
Regulation 63(5)(b)	£50,719 (in both places it occurs)		£50,724
Regulation 63(5)(b)	£3,597		£3,680
Regulation 63(5)(b)	£4.32		£4.23
Regulation 63(5)(b)	£34,280 (in both places it occurs)		£34,298
Regulation 63(5)(b)	£11.75		£11.47
Regulation 63(5)(c)	£50,719		£50,724
Regulation 64(1)	£3,919		£4,009
Regulation 64(2)(a)	£3,919		£4,009
Regulation 64(2)(b)	£42,721		£42,737
Regulation 64(2)(b)	£3,919		£4,009
Regulation 64(2)(b)	£4.58		£4.48
Regulation 64(2)(c)	£42,721		£42,737
Regulation 65(1)	£3,597		£3,680
Regulation 65(5)(a)	£3,597		£3,680
Regulation 65(5)(b)	£39,587 (in both places it occurs)		£39,593
Regulation 65(5)(b)	£3,597		£3,680
Regulation 65(5)(b)	£4.82		£4.71
Regulation 65(5)(b)	£7.53		£7.36
Regulation 65(5)(c)	£39,587		£39,593
Regulation 68(b)(i)	£1,574		£1,610
Regulation 68(b)(ii)	£1,574 (in both places it occurs)		£1,610
Regulation 74(2)(i)	£4,747		£4,856
Regulation 74(2)(ii)	£8,567		£8,764
Regulation 74(2)(iii)	£7,287		£7,455
Regulation 74(2)(iv)	£6,122		£6,263
Regulation 74(2) (words after sub-paragraph (iv))	£4.10		£4.01
Regulation 74(3)(i)	£4,306		£4,405
Regulation 74(3)(ii)	£7,800		£7,979
Regulation 74(3)(iii)	£6,337		£6,483
Regulation 74(3)(iv)	£5,665		£5,795
Regulation 74(3) (words after sub-paragraph (iv))	£4.10		£4.01
Regulation 74(6)	£50,719		£50,724
Regulation 74(6)(a)	£4,747		£4,856
Regulation 74(6)(b)	£8,567		£8,764
Regulation 74(6)(c)	£7,287		£7,455
Regulation 74(6)(d)	£6,122		£6,263
Regulation 74(7)	£50,719		£50,724
Regulation 74(7)(a)	£4,306		£4,405
Regulation 74(7)(b)	£7,800		£7,979
Regulation 74(7)(c)	£6,337		£6,483
Regulation 74(7)(d)	£5,665		£5,795
Regulation 74(8)	£50,719		£50,724
Regulation 74(8)(i)	£4,747		£4,856
Regulation 74(8)(ii)	£8,567		£8,764
Regulation 74(8)(iii)	£7,287		£7,455
Regulation 74(8)(iv)	£6,122		£6,263
Regulation 74(9)	£50,719		£50,724
Regulation 74(9)(i)	£4,306		£4,405
Regulation 74(9)(ii)	£7,800		£7,979
Regulation 74(9)(iii)	£6,337		£6,483
Regulation 74(9)(iv)	£5,665		£5,795
Regulation 76(2)(i)	£5,410		£5,534
Regulation 76(2)(ii)	£9,490		£9,708
Regulation 76(2)(iii)	£8,081		£8,267
Regulation 76(2)(iv)	£6,802		£6,958
Regulation 76(2) (words after sub-paragraph (iv))	£8.11		£7.93
Regulation 76(3)(i)	£4,970		£5,084
Regulation 76(3)(ii)	£8,643		£8,842
Regulation 76(3)(iii)	£7,023		£7,185
Regulation 76(3)(iv)	£6,325		£6,470
Regulation 76(3) (words after sub-paragraph (iv))	£8.11		£7.93
Regulation 76(6)	£42,721		£42,737
Regulation 76(6)(a)	£5,410		£5,534
Regulation 76(6)(b)	£9,490		£9,708
Regulation 76(6)(c)	£8,081		£8,267
Regulation 76(6)(d)	£6,802		£6,958
Regulation 76(7)	£42,721		£42,737
Regulation 76(7)(a)	£4,970		£5,084
Regulation 76(7)(b)	£8,643		£8,842
Regulation 76(7)(c)	£7,023		£7,185
Regulation 76(7)(d)	£6,325		£6,470
Regulation 76(8)	£42,721		£42,737
Regulation 76(8)(i)	£5,410		£5,534
Regulation 76(8)(ii)	£9,490		£9,708
Regulation 76(8)(iii)	£8,081		£8,267
Regulation 76(8)(iv)	£6,802		£6,958
Regulation 76(9)	£42,721		£42,737
Regulation 76(9)(i)	£4,970		£5,084
Regulation 76(9)(ii)	£8,643		£8,842
Regulation 76(9)(iii)	£7,023		£7,185
Regulation 76(9)(iv)	£6,325		£6,470
Regulation 77(2)(i)	£4,541		£4,645
Regulation 77(2)(ii)	£8,216		£8,405
Regulation 77(2)(iii)		£6,989		£7,150
Regulation 77(2)(iv)		£5,867		£6,002
Regulation 77(3)(i)		£4,102		£4,196
Regulation 77(3)(ii)		£7,479		£7,651
Regulation 77(3)(iii)		£6,077		£6,217
Regulation 77(3)(iv)		£5,427		£5,552
Regulation 80(1)(b)(i)		£2,155		£2,205
Regulation 80(1)(b)(ii)		£4,035		£4,128
Regulation 80(1)(b)(iv)		£2,874		£2,940
Regulation 80(1)(c)(i)		£3,404		£3,482
Regulation 80(1)(c)(ii)		£6,161		£6,303
Regulation 80(1)(c)(iii)		£5,243		£5,364
Regulation 80(1)(c)(iv)		£4,400		£4,501
Regulation 80(1)(d)(i)		£3,417		£3,496
Regulation 80(1)(d)(ii)		£6,168		£6,310
Regulation 80(1)(d)(iii)		£5,247		£5,368
Regulation 80(1)(d)(iv)		£4,408		£4,509
Regulation 80(1)(e)(i)		£3,516		£3,597
Regulation 80(1)(e)(ii)		£6,168		£6,310
Regulation 80(1)(e)(iii)		£5,254		£5,375
Regulation 80(1)(e)(iv)		£4,424		£4,526
Regulation 80(1)(f)(i)		£3,516		£3,597
Regulation 80(1)(f)(ii)		£6,166		£6,308
Regulation 80(1)(f)(iii)		£5,253		£5,374
Regulation 80(1)(f)(iv)		£4,422		£4,524
Regulation 80(2)(b)(i)		£1,637		£1,675
Regulation 80(2)(b)(ii)		£3,087		£3,158
Regulation 80(2)(b)(iv)		£2,240		£2,292
Regulation 80(2)(c)(i)		£3,078		£3,149
Regulation 80(2)(c)(ii)		£5,610		£5,739
Regulation 80(2)(c)(iii)		£4,558		£4,663
Regulation 80(2)(c)(iv)		£4,071		£4,165
Regulation 80(2)(d)(i)		£3,101		£3,172
Regulation 80(2)(d)(ii)		£5,615		£5,744
Regulation 80(2)(d)(iii)		£4,562		£4,667
Regulation 80(2)(d)(iv)		£4,080		£4,174
Regulation 80(2)(e)(i)		£3,230		£3,304
Regulation 80(2)(e)(ii)		£5,618		£5,747
Regulation 80(2)(e)(iii)		£4,565		£4,670
Regulation 80(2)(e)(iv)		£4,112		£4,207
Regulation 80(2)(f)(i)		£3,230		£3,304
Regulation 80(2)(f)(ii)		£5,618		£5,747
Regulation 80(2)(f)(iii)		£4,564		£4,669
Regulation 80(2)(f)(iv)		£4,111		£4,206
Regulation 80A(2)(i) (first place paragraph (i) occurs)		£7,987		£8,171
Regulation 80A(2)(ii) (first place paragraph (ii) occurs)		£12,382		£12,667
Regulation 80A(2)(iii) (first place paragraph (iii) occurs)		£10,866		£11,116
Regulation 80A(2)(iv) (first place paragraph (iv) occurs)		£9,488		£9,706
Regulation 80A(2)(i) (second place paragraph (i) occurs)		£7.43		£7.27
Regulation 80A(2)(ii) (second place paragraph (ii) occurs)		£7.24		£7.08
Regulation 80A(2)(iii) (second place paragraph (iii) occurs)		£7.29		£7.13
Regulation 80A(2)(iv) (second place paragraph (iv) occurs)		£7.36		£7.20
Regulation 80A(3)(i) (first place paragraph (i) occurs)		£7,516		£7,689
Regulation 80A(3)(ii) (first place paragraph (ii) occurs)		£11,472		£11,736
Regulation 80A(3)(iii) (first place paragraph (iii) occurs)		£9,726		£9,950
Regulation 80A(3)(iv) (first place paragraph (iv) occurs)		£8,973		£9,179
Regulation 80A(3)(i) (second place paragraph (i) occurs)		£7.43		£7.27
Regulation 80A(3)(ii) (second place paragraph (ii) occurs)		£7.24		£7.08
Regulation 80A(3)(iii) (second place paragraph (iii) occurs)		£7.29		£7.13
Regulation 80A(3)(iv) (second place paragraph (iv) occurs)		£7.36		£7.20
Regulation 80B(2)(i) (first place paragraph (i) occurs)		£9,423		£9,640
Regulation 80B(2)(ii) (first place paragraph (ii) occurs)		£13,504		£13,815
Regulation 80B(2)(iii) (first place paragraph (iii) occurs)		£12,096		£12,374
Regulation 80B(2)(iv) (first place paragraph (iv) occurs)		£10,815		£11,064
Regulation 80B(2)(i) (second place paragraph (i) occurs)		£4.653		£4.551
Regulation 80B(2)(ii) (second place paragraph (ii) occurs)		£4.979		£4.867
Regulation 80B(2)(iii) (second place paragraph (iii) occurs)		£4.856		£4.747
Regulation 80B(2)(iv) (second place paragraph (iv) occurs)		£4.76		£4.654
Regulation 80B(2)(i) (third place paragraph (i) occurs)		£7.43		£7.27
Regulation 80B(2)(ii) (third place paragraph (ii) occurs)		£7.24		£7.08
Regulation 80B(2)(iii) (third place paragraph (iii) occurs)		£7.29		£7.13
Regulation 80B(2)(iv) (third place paragraph (iv) occurs)		£7.36		£7.20
Regulation 80B(3)(a)		£5,409		£5,534
Regulation 80B(3)(b)		£9,490		£9,709
Regulation 80B(3)(c)		£8,082		£8,268
Regulation 80B(3)(d)		£6,801		£6,958
Regulation 80B(4)(i) (first place paragraph (i) occurs)		£8,984		£9,191
Regulation 80B(4)(ii) (first place paragraph (ii) occurs)		£12,656		£12,947
Regulation 80B(4)(iii) (first place paragraph (iii) occurs)		£11,036		£11,290
Regulation 80B(4)(iv) (first place paragraph (iv) occurs)		£10,338		£10,576
Regulation 80B(4)(i) (second place paragraph (i) occurs)		£4.615		£4.513
Regulation 80B(4)(ii) (second place paragraph (ii) occurs)		£4.894		£4.785
Regulation 80B(4)(iii) (second place paragraph (iii) occurs)		£4.752		£4.646
Regulation 80B(4)(iv) (second place paragraph (iv) occurs)		£4.712		£4.608
Regulation 80B(4)(i) (third place paragraph (i) occurs)		£7.43		£7.27
Regulation 80B(4)(ii) (third place paragraph (ii) occurs)		£7.24		£7.08
Regulation 80B(4)(iii) (third place paragraph (iii) occurs)		£7.29		£7.13
Regulation 80B(4)(iv) (third place paragraph (iv) occurs)		£7.36		£7.20
Regulation 80B(5)(a)		£4,970		£5,085
Regulation 80B(5)(b)		£8,642		£8,841
Regulation 80B(5)(c)		£7,022		£7,184
Regulation 80B(5)(d)		£6,324		£6,470
Regulation 80C(2)		£4,014		£4,106
Regulation 80C(2)		£4.73		£4.63
Regulation 81(5)(a)		£67		£69
Regulation 81(5)(b)		£131		£134
Regulation 81(5)(c)		£141		£144
Regulation 81(5)(d)		£102		£104
Regulation 87(4)(a)		£67		£69
Regulation 87(4)(b)		£131		£134
Regulation 87(4)(c)		£141		£144
Regulation 87(4)(d)		£102		£104
Regulation 105(1)(a)		£3,404		£3,482
Regulation 105(1)(b)		£6,161		£6,303
Regulation 105(1)(c)		£5,243		£5,364
Regulation 105(1)(d)		£4,400		£4,501
Regulation 105(2)(a)		£3,078		£3,149
Regulation 105(2)(b)		£5,610		£5,739
Regulation 105(2)(c)		£4,558		£4,663
Regulation 105(2)(d)		£4,071		£4,165
Regulation 105(3)(a)		£3,417		£3,496
Regulation 105(3)(b)		£6,168		£6,310
Regulation 105(3)(c)		£5,247		£5,368
Regulation 105(3)(d)		£4,408		£4,509
Regulation 105(4)(a)		£3,101		£3,172
Regulation 105(4)(b)		£5,615		£5,744
Regulation 105(4)(c)		£4,562		£4,667
Regulation 105(4)(d)		£4,080		£4,174
Regulation 105(5)(a)		£3,516		£3,597
Regulation 105(5)(b)		£6,168		£6,310
Regulation 105(5)(c)		£5,254		£5,375
Regulation 105(5)(d)		£4,424		£4,526
Regulation 105(6)(a)		£3,230		£3,304
Regulation 105(6)(b)		£5,618		£5,747
Regulation 105(6)(c)		£4,565		£4,670
Regulation 105(6)(d)		£4,112		£4,207
Regulation 105(6A)(a)		£3,516		£3,597
Regulation 105(6A)(b)		£6,166		£6,308
Regulation 105(6A)(c)		£5,253		£5,374
Regulation 105(6A)(d)		£4,422		£4,524
Regulation 105(6B)(a)		£3,230		£3,304
Regulation 105(6B)(b)		£5,618		£5,747
Regulation 105(6B)(c)		£4,564		£4,669
Regulation 105(6B)(d)		£4,111		£4,206
Regulation 105(6C)(a)		£3,516		£3,597
Regulation 105(6C)(b)		£6,166		£6,308
Regulation 105(6C)(c)		£5,253		£5,374
Regulation 105(6C)(d)		£4,422		£4,524
Regulation 105(6D)(a)		£3,230		£3,304
Regulation 105(6D)(b)		£5,618		£5,747
Regulation 105(6D)(c)		£4,564		£4,669
Regulation 105(6D)(d)		£4,111		£4,206
Regulation 147(6)(a)		£25,000		£25,575
Regulation 157G(1)(a) (first place paragraph (a) occurs)		£7,987		£8,171
Regulation 157G(1)(b) (first place paragraph (b) occurs)		£12,382		£12,667
Regulation 157G(1)(c) (first place paragraph (c) occurs)		£10,866		£11,116
Regulation 157G(1)(d) (first place paragraph (d) occurs)		£9,488		£9,706
Regulation 157G(1)(a) (second place paragraph (a) occurs)		£7.43		£7.27
Regulation 157G(1)(b) (second place paragraph (b) occurs)		£7.24		£7.08
Regulation 157G(1)(c) (second place paragraph (c) occurs)		£7.29		£7.13
Regulation 157G(1)(d) (second place paragraph (d) occurs)		£7.36		£7.20
Regulation 157G(3)		£4,014		£4,106
Regulation 157H(3)		£4,014		£4,106
Regulation 157J(1)(a)		£3,516		£3,597
Regulation 157J(1)(b)		£6,166		£6,308
Regulation 157J(1)(c)		£5,253		£5,374
Regulation 157J(1)(d)		£4,422		£4,524
Regulation 166(2)(a)		£25,000		£25,575
Schedule 4, Paragraph 9A(2)(a)(i)		£7.43		£7.27
Schedule 4, Paragraph 9A(2)(a)(i)		£2,405		£2,458
Schedule 4, Paragraph 9A(2)(a)(ii)		£7.24		£7.08
Schedule 4, Paragraph 9A(2)(a)(ii)		£2,468		£2,524
Schedule 4, Paragraph 9A(2)(a)(iii)		£7.29		£7.13
Schedule 4, Paragraph 9A(2)(a)(iii)		£2,451		£2,507
Schedule 4, Paragraph 9A(2)(a)(iv)		£7.36		£7.20
Schedule 4, Paragraph 9A(2)(a)(iv)		£2,428		£2,482
Schedule 4, Paragraph 9A(3)(a)(i)		£7.43		£7.27
Schedule 4, Paragraph 9A(3)(a)(ii)		£7.24		£7.08
Schedule 4, Paragraph 9A(3)(a)(iii)		£7.29		£7.13
Schedule 4, Paragraph 9A(3)(a)(iv)		£7.36		£7.20

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, which apply in England only, amend seven instruments relating to financial support for students (those instruments are referred to collectively as ‘the 7 instruments’).

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:

(i) the Education (Fees and Awards) (England) Regulations 2007 (S.I. 2007/779) (‘the Fees and Awards Regulations’),

(ii) the Education (Student Support) (European University Institute) Regulations 2010 (S.I. 2010/447) (‘the European University Institute Regulations’),

(iii) the Further Education Loans Regulations 2012 (S.I. 2012/1818) (‘the Further Education Loans Regulations’),

(iv) the Education (Postgraduate Master’s Degree Loans) Regulations 2016 (S.I. 2016/606) (‘the Master’s Regulations’),

(v) the Higher Education (Fee Limit Condition) (England) Regulations 2017 (S.I. 2017/1189) (‘the Fee Limit Condition Regulations’) and

(vi) the Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 2018 (S.I. 2018/599) (‘the Doctoral Regulations’).

Regulation 3 amends the Student Support Regulations for the 2022/23 academic year so that students qualify for the special support grant if they satisfy conditions contained in regulation 14(1) of the Universal Credit Regulations 2011.

Regulation 4 removes all references to 2008 cohort students from the Student Support Regulations for the 2022/23 academic year.

Regulation 5 amends the Student Support Regulations so that a course offered by a UK provider, in the UK leading to two first degree qualifications is not a designated course unless it leads to one of the exceptional qualifications listed in the new definition of UK dual degree programme.

Regulations 6, 41 and 57 amend the Student Support Regulations, the Master’s Regulations and the Doctoral Regulations so that persons studying for an apprenticeship are not eligible students under those instruments.

Regulation 7 amends the definition of “course for the initial training of teachers” in the Student Support Regulations and adds a new definition of “qualified teacher learning and skills status to those regulations. Regulation 7 also amends the Student Support Regulations so that students starting courses in 2022/23 who are holding “qualified teacher learning and skills status” and who are undertaking a second course for the initial training of teachers in the further education sector do not qualify for support.

Regulation 8 amends the Student Support Regulations so that where the Student Loans Company are wholly responsible for an error, support can remain in place for the first year if the error has been discovered before the course started, the year that the error has been discovered, and any previous completed year where a corresponding written notification of entitlement has been received by the student.

These Regulations amend the seven instruments to add a new eligibility category for persons granted leave under the Afghan Relocations and Assistance Scheme (‘Afghan locally employed staff’).

Regulations 9, 27, 34, 42 and 58 amend the Student Support Regulations, the European University Institute Regulations, Further Education Loans Regulations, the Master’s Regulations and the Doctoral Regulations respectively so that Afghan locally employed staff and their spouse, civil partner or dependent child may qualify for support under each of those instruments.

Regulations 10, 39, 43 and 59 amend the Student Support Regulations, the Further Education Loans Regulations, the Master’s Regulations and the Doctoral Regulations so that students eligible for support under those instruments by virtue of long residence must be ordinarily resident in England on the first day of the first academic year of the course.

Regulations 11, 29, 36, 45 and 61 amend the Student Support Regulations, the European University Institute Regulations, the Further Education Loans Regulations, the Master’s Regulations and the Doctoral Regulations so that persons who have settled status on arrival in the UK who come to the UK from specified British overseas territories (‘BOTs’) and who are starting full-time and part-time undergraduate courses in 2022/23 will qualify for the respective support packages (students qualify for tuition fee loans only for undergraduate courses in the Student Support Regulations, they do not qualify for grants and loans for living and other costs). To qualify for support, persons resident in the BOTs will need to satisfy the three-year ordinary residence requirement in the UK, the Crown Dependencies (‘Islands’) or specified BOTs. Equivalent provision is also made for those covered by the Withdrawal Agreements (the EU Withdrawal Agreement, the EEA-EFTA Separation Agreement and the Swiss Citizens’ Rights Agreement) who have spent part of their residence period in either the BOTs or EU overseas territories.

Regulations 12, 23, 28, 35, 44 and 60 remove redundant provisions relating to the grace period for applying to the EU Settlement Scheme, which ended on 30 June 2021, from the Student Support Regulations, the Fees and Awards Regulations, the European University Institute Regulations, the Further Education Loans Regulations, the Master’s Regulations and the Doctoral Regulations.

Regulation 13 amends the Student Support Regulations so that missing cross-references to courses set out in Schedule 2 to those regulations are inserted to ensure those courses are designated courses.

Regulations 14, 30, 37, 46, and 62 amend the Student Support Regulations, the European Institute Regulations, the Further Education Loans Regulations, the Postgraduate Master’s Regulations and the Postgraduate Doctoral Degree Regulations so that family members of all settled persons in the UK who are starting courses in 2022/23 qualify for support. This category of person must be ordinarily resident in the UK and Islands for three years before the start of their course in order to qualify for support. Previously, only family members of United Kingdom nationals qualified for support.

Regulation 15 removes expired provisions from the Student Support Regulations.

Regulations 16, 25, 32, 38, 47(a), 55 and 63(a) amend the definition of “persons granted Calais leave” in the 7 instruments.

Regulation 17 amends the Student Support Regulations so that references to “an intensive course” are replaced with “compressed degree course”. This ensures that living costs support for students undertaking courses by distance learning is restricted to compressed degree students. Students undertaking accelerated degree courses by distance learning will not qualify for living costs support unless they are undertaking a course by distance learning as a result of a disability.

Regulation 18 amends the Student Support Regulations to replace the maximum grant and loan figures for undergraduate and postgraduate courses in the second column of the Schedule that apply to the 2021/22 academic year with those in the third column of the Schedule that apply to the 2022/23 academic year.

Regulation 20 amends the Fees and Awards Regulations so that Afghan locally employed staff and their spouse, civil partner or dependent child who are starting courses in 2022/23 are subject to home fee status.

Regulations 21 and 52 amend the Fees and Awards Regulations and the Fee Limit Condition Regulations so that a person resident in Gibraltar as defined in those regulations does not qualify for home fee status and is not a qualifying person for the purposes of the Fee Limit Condition Regulations in respect of qualifying courses that start on or after 1st January 2028.

Regulations 22 and 53 amend the Fees and Awards Regulations and the Fee Limit Condition Regulations respectively so that home fee and qualifying person status of students from specified British overseas territories is extended from United Kingdom nationals to people who are settled when in the United Kingdom who are starting courses in 2022/23. Previously, only United Kingdom nationals and their family members qualified.

Regulation 24 and 54 amend the Fees and Awards Regulations and the Fee Limit Condition Regulations respectively so that family members of all settled persons in the UK who are starting courses in 2022/23 qualify for home fee status and are qualifying persons for whom maximum fee limits for undergraduate courses apply. Previously, only family members of United Kingdom nationals qualified.

Regulation 31 amends the European University Institute Regulations so that persons granted indefinite leave to remain as a victim of domestic violence or domestic abuse must be ordinarily resident in the United Kingdom before the relevant date rather than before the first day of the first academic year of the course.

Regulations 47(b) and 63(b) amend the definition of “section 67 leave” in the Master’s Regulations and the Doctoral Regulations.

Regulation 48 amends the Master’s Regulations to increase the maximum amount of the postgraduate master’s degree loan for new students starting their courses in the 2022/23 academic year.

Regulation 50 adds a new definition of “qualified teacher and learning skills status” to the Fee Limit Condition Regulations and amends those regulations so that students starting courses in 2022/23 who are holding “qualified teacher learning and skills status” and are undertaking a second course for the initial training of teachers in the further education sector are not qualifying persons for whom maximum fee limits for undergraduate courses apply.

Regulation 51 amends the Fee Limit Condition Regulations so that Afghan locally employed staff and their spouse, civil partner or dependent child who are starting courses in 2022/23 are qualifying persons to whom maximum fee limits apply for undergraduate courses.

Regulations 64 and 65 amend the Doctoral Regulations to increase the maximum amount of the postgraduate doctoral degree loan for new students starting their courses in the 2022/23 academic year and the maximum amount of the postgraduate doctoral degree loan that can be paid in respect of an individual academic year.

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.

(1)

1983 c. 40. Section 1 was amended by paragraph 91 of Schedule 12 to the Education Reform Act 1988 (c. 40); paragraph 19 of Schedule 8 to the Further and Higher Education Act 1992 (c. 13); paragraph 8 of Schedule 9 to the Further and Higher Education (Scotland) Act 1992 (c. 37); paragraph 7 of Schedule 2 to the Education Act 1994 (c. 30); paragraph 57 of Schedule 37 to the Education Act 1996 (c. 56); paragraph 5 of Schedule 3 to the Teaching and Higher Education Act 1998 (c. 30); paragraph 11 of Schedule 9 to the Learning and Skills Act 2000 (c. 21); paragraph 5 of Schedule 21, and Part 3 of Schedule 22, to the Education Act 2002 (c. 32); paragraph 9 of Schedule 14 to the Education Act 2005 (c. 18); paragraph 5 of Schedule 5, and paragraph 5 of Schedule 16, to the Education Act 2011 (c. 21); paragraph 33 of Schedule 14 to the Deregulation Act 2015 (c. 20); S.I. 2005/3238, S.I. 2010/1080 and S.I. 2010/1158. Section 2 was amended by paragraph 1 of Schedule 4 to the Teaching and Higher Education Act 1998.

(2)

1998 c. 30. Section 22 was amended by section 146(2) of, and paragraph 1 of Schedule 11 to, the Learning and Skills Act 2000 (c. 21); paragraph 236 of Schedule 6 to the Income Tax (Earnings and Pensions) Act 2003 (c. 1); section 147(3) of the Finance Act 2003 (c. 14); sections 42(1) and 43(2) and (3) of, and Schedule 7 to, the Higher Education Act 2004 (c. 8); section 257(2) of the Apprenticeships, Skills, Children and Learning Act 2009 (c.22); section 76(1) and (2)(a) of the Education Act 2011 (c. 21); section 88(2) to (5) of the Higher Education and Research Act 2017 (c. 29); and S.I. 2013/1881. Section 22 is also amended by section 86(2) to (7) of the Higher Education and Research Act 2017 but those amendments are not yet in force. Section 42 was amended by paragraph 9 of Schedule 12 to the Education Act 2002 (c. 32); paragraph 9 of Schedule 6 to the Higher Education Act 2004; and paragraph 15 of Schedule 2 to the Education Act 2011. See section 43(1) for the definitions of “prescribed” and “regulations”.

(3)

2017 c. 29. See section 10(9) for the definition of “prescribed”.

(4)

S.I. 2011/1986, amended by S.I. 2012/1653, 2013/235, 630, 1728 and 3106, 2014/1766, 2103 and 2765, 2015/1951, 2016/211, 270 and 584, 2017/52, 114 and 204, 2018/136, 137, 434, 443, 472 and 599, 2019/142, 983 and 1094, 2020/48, 1181 and 1203, 2021/127 and 929.

(5)

S.I. 2013/376; sub-paragraph (b) is substituted by S.I. 2021/1224.

(6)

Relevant amendments were made to paragraph (1) by S. I. 2018/136, 137>, 434 and 443.

(7)

A relevant amendment was made to paragraph (1) by S.I. 2018/472.

(8)

See section 2 of the Education (Wales) Act 2014 (anaw 5).

(9)

See article 4 of S.S.I. 2011/215.

(10)

Established by article 34 of the Education (Northern Ireland) Order 1998 (S.I. 1998/1759).

(11)

Regulations 13, 19, 69 and 141 were all amended by S.I. 2014/2765 which inserted the provisions amended by this regulation.

(12)

Relevant amendments made by S.I. 2014/2765 and 2018/137.

(13)

1971 c. 77 to which there are amendments not relevant to this instrument.

(14)

Paragraph (13B) was inserted by S.I. 2021/127.

(15)

Regulation 17 has been amended, including the insertion of paragraph (m) by S.I. 2021/127.

(16)

Regulation 85(2) has been amended, including the insertion of sub-paragraph (l) by S.I. 2021/127.

(17)

Paragraph (11B) was inserted by S.I. 2021/127.

(18)

Regulation 138(4) has been amended, including the insertion of sub-paragraph (m) by S.I. 2021/127.

(19)

Regulation 138A was inserted by S.I. 2018/472; paragraph (2) has been amended, including the insertion of sub-paragraph (l) by S.I. 2021/127.

(20)

Paragraph (16B) was inserted by S.I. 2021/127.

(21)

Regulation 160(2) has been amended, including the insertion of sub-paragraph (l) by S.I. 2021/127.

(22)

Paragraph (2) of regulation 4 was substituted, and paragraph (2B) inserted, by S.I. 2021/127 and it was amended by S.I. 2021/929.

(23)

Paragraph (d) was substituted by S.I. 2021/127.

(24)

Paragraph (3) of regulation 38 was amended by S.I. 2021/127 and amended by S.I. 2021/929.

(25)

Paragraph (3) of regulation 69 was amended by S.I. 2021/127 and amended by S.I. 2021/929.

(26)

Paragraph (2) of regulation 137 was substituted, and paragraph (2B) inserted, by S.I. 2021/127 and both paragraphs were amended by S.I. 2021/929.

(27)

Sub-paragraph (d) was substituted by S.I. 2021/127.

(28)

Paragraph (2)(a) of regulation 147 was substituted by S.I. 2021/127 and was amended by S.I. 2021/929.

(29)

Regulation 157B was inserted by S.I. 2018/472 and paragraph (2)(a) was substituted by S.I. 2021/127 and amended by S.I. 2021/929.

(30)

Paragraph (3) of regulation 159 was substituted, paragraph (3B) inserted, and paragraph (8) amended, by S.I. 2021/127 and all those paragraphs were amended by S.I. 2021/929.

(31)

Paragraph (e) of the definition of “family member” was amended by S.I. 2021/127.

(32)

Paragraph 3(1)(d) was amended by S.I. 2020/1181.

(33)

Paragraph 6A was inserted by S.I. 2021/127.

(34)

Paragraph 7A was inserted by S.I. 2021/127.

(35)

Paragraph 9A was inserted by S.I. 2021/127.

(36)

Paragraph 9BA was inserted by S.I. 2021/929.

(37)

Paragraph 10ZA was inserted by S.I. 2021/127.

(38)

Paragraph 11A was inserted by S.I. 2021/127.

(39)

Paragraph 12A was inserted by S.I. 2021/127.

(40)

Paragraph (13B) was inserted into regulation 4, paragraph (11B) was inserted into regulation 137, and paragraph (16B) was inserted into regulation 159, by S.I. 2021/127; relevant amendments were made by S.I. 2021/929.

(41)

Paragraph 9 was inserted into Schedule 2 by S.I. 2018/443; paragraphs 10 and 11 were inserted into Schedule 2 by S.I. 2020/1203.

(42)

Regulations 90A and 157FA were inserted by S.I. 2021/268.

(43)

Relevant amendments were made to regulations 18, 39 and 86 by S.I. 2019/142.

(44)

S.I. 2007/779.

(45)

All of the provisions listed were amended by S.I. 2021/127; regulation 9A was inserted by S.I. 2018/1141.

(46)

The provisions amended by this regulation were all inserted by S.I. 2021/127 and were amended by S.I. 2021/929.

(47)

Paragraph (e) of the definition of “family member” was amended by S.I. 2021/127.

(48)

Paragraph 4D was inserted by S.I. 2020/48 and amended by S.I. 2020/1203.

(49)

S.I. 2010/447.

(50)

Paragraph (2)(b) was inserted by S.I. 2021/127.

(51)

Paragraph (11B) was inserted by S.I. 2021/127.

(52)

Regulations 9(2), 17(2), 19(2), 22(3) and 24(2) were amended by S.I. 2021/929.

(53)

Paragraph (e) of the definition of “family member” was amended by S.I. 2021/127.

(54)

Paragraph 9BA was inserted by S.I. 2021/929.

(55)

Paragraph 10ZA was inserted by S.I. 2021/127.

(56)

Inserted by S.I. 2021/127.

(57)

S.I. 2012/1818.

(58)

Regulation 7 has been amended including the insertion of paragraph 9l) by S.I. 2020/1203.

(59)

Paragraph (10) was substituted by S.I. 2021/127.

(60)

Paragraph (d) was substituted by S.I. 2021/127.

(61)

Paragraph (e) of the definition of “family member” was amended by S.I. 2021/127.

(62)

Paragraph 9BA was inserted by S.I. 2021/929.

(63)

Paragraph 9D was inserted by S.I. 2021/127.

(64)

S.I. 2016/606.

(65)

Sub-paragraph (f) was substituted by S.I, 2018/599.

(66)

Paragraph 3(2) was substituted by S.I. 2021/127.

(67)

Regulation 8 has been amended, including the insertion of paragraph (m) by S.I. 2020/1203.

(68)

Paragraph (d) was substituted by S.I. 2021/127.

(69)

Paragraph (e) of the definition of “family member” was amended by S.I. 2021/127.

(70)

Paragraph 9BA was inserted by S.I. 2021/929.

(71)

Paragraph 9D was inserted by S.I. 2021/127.

(72)

Figures substituted by S.I. 2021/1203.

(73)

S.I. 2017/1189.

(74)

Paragraph (4) was substituted by S.I. 2021/127 and amended by S.I. 2021/929.

(75)

Regulation 6(2) has been amended including the insertion of sub-paragraph (l) by S.I. 2020/1203.

(76)

Regulation 4(6) was inserted by S.I. 2021/127.

(77)

Paragraph (e) of the definition of “family member” was amended by S.I. 2021/127.

(78)

Definition inserted by S.I. 2020/48.

(79)

S.I. 2018/599.

(80)

Paragraph (2) was substituted by S.I. 2021/127.

(81)

Regulation 8 has been amended, including the insertion of paragraph (m) by S.I. 2021/1203.

(82)

Paragraph (d) was substituted by S.I. 2021/127.

(83)

Paragraph (e) of the definition of “family member” was amended by S.I. 2021/127.

(84)

Paragraph 10BA was inserted by S.I. 2021/929.

(85)

Paragraph 10D was inserted by S.I. 2021/127.

(86)

Figure substituted by S.I. 2020/1203.

(87)

Figure substituted by S.I. 2020/1203.

(88)

Figures substituted by S.I. 2020/1203.