PART 3 Corresponding amendments to other subordinate legislation

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

51 Children of persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse or as a bereaved partner
1 In regulation 7 (students becoming eligible in the course of an academic year), in paragraph (2)(g) and (i), after “the student” insert “or the student’s parent”.
Regulation 7 was substituted by S.I. 2023/74.
2 In Schedule 1—
(a) in the heading to paragraph 5B (persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse), at the end, insert “and their children”;
Paragraph 5B was inserted by S.I. 2020/48 and amended by S.I. 2023/74.
(b) paragraph 5B becomes sub-paragraph (1) of that paragraph;
(c) after that sub-paragraph (1) insert—

“2 A person—
(a) granted indefinite leave to enter or remain;
(b) who—
(i) is the child of a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse; and
(ii) on the leave application date, was the child of the person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse;
(c) who was under 18 on the leave application date;
(d) who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; and
(e) who is ordinarily resident in England on the course start date.
3 In this paragraph, “leave application date” means the date on which a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse made an application to remain in the United Kingdom on those grounds under the immigration rules.”

;
(d) in the heading to paragraph 5D (persons granted indefinite leave to remain as a bereaved partner, at the end, insert “and their children”;
Paragraph 5D was inserted by S.I. 2020/1203 and amended by S.I. 2023/74.
(e) paragraph 5D becomes sub-paragraph (1) of that paragraph;
(f) after that sub-paragraph (1) insert—

“2 A person—
(a) granted indefinite leave to remain;
(b) who—
(i) is the child of a person granted indefinite leave to remain as a bereaved partner; and
(ii) on the leave application date, was the child of the person granted indefinite leave to remain as a bereaved partner;
(c) who was under 18 on the leave application date;
(d) who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; and
(e) who is ordinarily resident in England on the course start date.
3 In this paragraph, “leave application date” means the date on which a person granted indefinite leave to remain as a bereaved partner made an application to remain in the United Kingdom on those grounds under the immigration rules.”

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