The Education (Student Fees, Awards and Support) (Amendment) Regulations 2022

PART 1 Introductory

Citation, commencement, extent and application

1.—(1) These Regulations may be cited as the Education (Student Fees, Awards and Support) (Amendment) Regulations 2022 and come into force on 15th February 2022.

(2) These Regulations extend to England and Wales.

(3) The amendments made by regulations 3 to 12, 16, 18, 20, 23, 26 and 28 apply in relation to the provision of support to a student in relation to a course which begins on or after 1st August 2022, whether or not anything done under these Regulations is done before, on, or after that date.

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(1) are amended as follows.

CHAPTER 2 Relocated Afghan citizens

Eligibility of relocated Afghan citizens

3.  In regulation 2(1)—

(a) after the definition of “person granted indefinite leave to remain as a victim of domestic violence or domestic abuse”(2), insert—

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

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

(a)

who has—

(i)

indefinite leave to enter or remain in the United Kingdom, outside the immigration rules as defined in section 33(1) of the Immigration Act 1971(3), on the basis of the Afghan Citizens Resettlement Scheme; or

(ii)

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

(b)

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

(b) in the definition of “person granted leave under the Afghan Relocations and Assistance Scheme”(4)—

(i) in the opening words and in paragraph (a)(ii) and (iii), after “Assistance” insert “Policy”;

(ii) in paragraph (a)(i) for “276BB1(iv)” substitute “276BB1(iii)(a)”;

(iii) in paragraph (a)(iv) for “276BJ1 or 276BO1” substitute “276BJ2 or 276BO2”.

4.  In regulation 4(13C)(5), in the opening words of sub-paragraph (a) and in sub-paragraph (b), for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.

5.  In regulation 17(n)(6) for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.

6.  In regulation 85(2)(m)(7) for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.

7.  In regulation 137(11C)(8), in the opening words of sub-paragraph (a) and in sub-paragraph (b), for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.

8.  In regulation 138(4)(o)(9) for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.

9.  In regulation 138A(2)(m)(10) for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.

10.  In regulation 159(16C)(11), in the opening words of sub-paragraph (a) and in sub-paragraph (b), for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.

11.  In regulation 160(2)(m)(12) for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.

12.  In Schedule 1, in paragraph 14 and in the heading to that paragraph, for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.

CHAPTER 3 Overpayments

Recovery of fee loans

13.  In regulation 117(13), after paragraph (1A), insert—

“(1B) An academic authority must, if so required by the Secretary of State, repay any amount of a fee loan paid to the academic authority in respect of a student which for whatever reason exceeds the amount of a fee loan to which the student is entitled.”.

14.  In regulation 157(14), after paragraph (1A), insert—

“(1B) An academic authority must, if so required by the Secretary of State, repay any amount of a fee loan paid to the academic authority in respect of a student which for whatever reason exceeds the amount of a fee loan to which the student is entitled.”.

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

15.  The Education (Fees and Awards) (England) Regulations 2007(15) are amended as follows.

SECTION 2 Relocated Afghan citizens

Relocated Afghan citizens: fees and awards

16.  In Schedule 1(16)—

(a) in paragraph 1(1)—

(i) after the definition of “person granted humanitarian protection”(17), insert—

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

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

(a)

who has—

(i)

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

(ii)

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

(b)

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

(ii) in the definition of “person granted leave under the Afghan Relocations and Assistance Scheme”—

(aa) in the opening words and in paragraph (a)(ii) and (iii) after “Assistance” insert “Policy”;

(bb) in paragraph (a)(i) for “276BB1(iv)” substitute “276BB1(iii)(a)”;

(cc) in paragraph (a)(iv) for “276BJ1 or 276BO1” substitute “276BJ2 or 276BO2”;

(b) in paragraph 5A and the heading to that paragraph, for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.

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

17.  The Education (Student Support) (European University Institute) Regulations 2010(18) are amended as follows.

SECTION 2 Relocated Afghan citizens

Eligibility of relocated Afghan citizens

18.—(1) In regulation 9(11C)(19), in the opening words of sub-paragraph (a), and in sub-paragraph (b), for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes, as that expression is defined in paragraph 1(1) of Schedule 1”.

(2) In Schedule 1—

(a) in paragraph 1(1)—

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

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

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

(a)

who has—

(i)

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

(ii)

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

(b)

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

(ii) in the definition of “person granted leave under the Afghan Relocations and Assistance Scheme”—

(aa) in the opening words and in paragraph (a)(ii) and (iii) after “Assistance” insert “Policy”;

(bb) in paragraph (a)(i) for “276BB1(iv)” substitute “276BB1(iii)(a)”;

(cc) in paragraph (a)(iv) for “276BJ1 or 276BO1” substitute “276BJ2 or 276BO2”;

(b) in paragraph 5A and the heading to that paragraph, for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.

CHAPTER 3 Amendment of the Further Education Loans Regulations 2012

SECTION 1 Introductory

Amendment of the Further Education Loans Regulations 2012

19.  The Further Education Loans Regulations 2012(20) are amended as follows.

SECTION 2 Relocated Afghan citizens

Eligibility of relocated Afghan citizens: further education loans

20.—(1) In regulation 2(1)(21)—

(a) after the definition of “person granted indefinite leave to remain as a victim of domestic violence or domestic abuse”(22), insert—

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

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

(a)

who has—

(i)

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

(ii)

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

(b)

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

(b) in the definition of “person granted leave under the Afghan Relocations and Assistance Scheme”—

(i) in the opening words and in paragraph (a)(ii) and (iii) after “Assistance” insert “Policy”;

(ii) in paragraph (a)(i) for “276BB1(iv)” substitute “276BB1(iii)(a)”;

(iii) in paragraph (a)(iv) for “276BJ1 or 276BO1” substitute “276BJ2 or 276BO2”.

(2) In regulation 3(8A)(a) and (b), for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.

(3) In regulation 7(m) for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.

(4) In paragraph 5A of Schedule 1 and in the heading to that paragraph, for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.

SECTION 3 Overpayments

Recovery of fee loans

21.  In regulation 24, after paragraph (1) insert—

“(1A) A student must, if so required by the Secretary of State, repay any amount of a fee loan paid in respect of the student which for whatever reason exceeds the amount of a fee loan to which the student is entitled.

(1B) An institution must, if so required by the Secretary of State, repay any amount of a fee loan paid to the institution in respect of a student which for whatever reason exceeds the amount of a fee loan to which the student is entitled.”.

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

22.  The Education (Postgraduate Master’s Degree Loans) Regulations 2016(23) are amended as follows.

SECTION 2 Relocated Afghan citizens

Eligibility of relocated Afghan citizens: Master’s degrees

23.—(1) In regulation 2(1)(24)—

(a) after the definition of “person granted indefinite leave to remain as a victim of domestic violence or domestic abuse”(25), insert—

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

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

(a)

who has—

(i)

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

(ii)

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

(b)

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

(b) in the definition of “person granted leave under the Afghan Relocations and Assistance Scheme”—

(i) in the opening words and in paragraph (a)(ii) and (iii) after “Assistance” insert “Policy”;

(ii) in paragraph (a)(i) for “276BB1(iv)” substitute “276BB1(iii)(a)”;

(iii) in paragraph (a)(iv) for “276BJ1 or 276BO1” substitute “276BJ2 or 276BO2”.

(2) In regulation 8(n) for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.

(3) In paragraph 5A of Schedule 1 and in the heading to that paragraph, for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.

SECTION 3 Overpayments

Recovery of postgraduate master’s degree loans

24.  In regulation 17, after paragraph (2), insert—

“(2A) An institution or third party must, if so required by the Secretary of State, repay any amount of a postgraduate master’s degree loan paid to the institution or third party in respect of a student which for whatever reason exceeds the amount of loan to which the student is entitled.”.

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

25.  The Higher Education (Fee Limit Condition) (England) Regulations 2017(26) are amended as follows.

SECTION 2 Relocated Afghan citizens

Relocated Afghan citizens: fee limit condition

26.—(1) In regulation 2(27)—

(a) after paragraph (bba), insert—

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

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

(i) who has—

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

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

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

(b) in the definition of “person granted leave under the Afghan Relocations and Assistance Scheme”—

(i) in the opening words and in paragraph (a)(ii) and (iii) after “Assistance” insert “Policy”;

(ii) in paragraph (a)(i) for “276BB1(iv)” substitute “276BB1(iii)(a)”;

(iii) in paragraph (a)(iv) for “276BJ1 or 276BO1” substitute “276BJ2 or 276BO2”.

(2) In regulation 6(2)(m) for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.

(3) In paragraph 5F of the Schedule and in the heading to that paragraph, for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.

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

27.  The Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No 2) etc.) Regulations 2018(28) are amended as follows.

SECTION 2 Relocated Afghan citizens

Relocated Afghan citizens: Doctoral degrees

28.—(1) In regulation 2(1)(29)—

(a) after the definition of “person granted indefinite leave to remain as a victim of domestic violence or domestic abuse”(30), insert—

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

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

(a)

who has—

(i)

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

(ii)

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

(b)

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

(b) in the definition of “person granted leave under the Afghan Relocations and Assistance Scheme”—

(i) in the opening words and in paragraph (a)(ii) and (iii) after “Assistance” insert “Policy”;

(ii) in paragraph (a)(i) for “276BB1(iv)” substitute “276BB1(iii)(a)”;

(iii) in paragraph (a)(iv) for “276BJ1 or 276BO1” substitute “276BJ2 or 276BO2”.

(2) In regulation 8(n) for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.

(3) In paragraph 6A of Schedule 1 and in the heading to that paragraph, for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.

SECTION 3 Overpayments

Recovery of postgraduate doctoral degree loans

29.  In regulation 17, after paragraph (2), insert—

“(2A) An institution or third party must, if so required by the Secretary of State, repay any amount of a postgraduate doctoral degree loan paid to the institution or third party in respect of a student which for whatever reason exceeds the amount of loan to which the student is entitled.”.

Michelle Donelan

Minister of State

Department for Education

20th January 2022