The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023

Amendments relating to students who fall within in a paragraph of Schedule 1 after the start of a course

62.  In regulation 4 (fee charging)(1), for paragraph (2) substitute—

“(2) For the purposes of this regulation, a person falls within a paragraph of Schedule 1 if—

(a) in the case of paragraph 2A, 4, 4A, 4B, 4C, 4D, 4E, 5, 5A, 5B, 5C, 8 or 8A of that Schedule—

(i) in relation to the first academic year of the course, they fall within that paragraph on the course start date; or

(ii) in relation to any other academic year of the course, they fall within that paragraph on the first day of that academic year;

(b) in the case of any other paragraph of that Schedule, they fall within the relevant paragraph on the first day of an academic year of the course.

(2A) Where a protected category event occurs in relation to a person after the course start date, paragraph (2B) applies for the purposes of determining whether the person falls within a paragraph of Schedule 1 in relation to an academic year (other than the first academic year).

(2B) The person is to be treated, for the purposes of determining whether they satisfy any requirement in Schedule 1 to be ordinarily resident in the United Kingdom on the course start date, as if they were, on the course start date, lawfully residing in the place where they were residing on that date.

(2C) In this regulation “protected category event”, in relation to a person, means—

(a) the person or the person’s spouse, civil partner or parent is recognised as a refugee or becomes a person granted stateless leave or a person granted humanitarian protection;

(b) the person becomes a person granted section 67 leave;

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

(d) the person becomes a person granted Calais leave;

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

(f) the person becomes a person granted leave under one of the Afghan Schemes.

(g) the person becomes a person granted leave under one of the Ukraine Schemes;

(2D) For the purposes of paragraph (2C), the following terms have the meanings given for the purposes of Schedule 1—

(a) refugee;

(b) person granted stateless leave;

(c) person granted humanitarian protection;

(d) person granted section 67 leave;

(e) person granted indefinite leave to remain as a victim of domestic violence or domestic abuse;

(f) person granted Calais leave;

(g) person granted indefinite leave to remain as a bereaved partner;

(h) person granted leave under one of the Afghan Schemes;

(i) person granted leave under one of the Ukraine Schemes.”.

(1)

Regulation 4 was amended by S.I. 2012/765, 2019/1027, 2021/127, 2021/929 and 2021/1348.