The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend legislation which makes provision about, or in connection with, student finance. Three sets of Student Support Regulations are amended. Those Regulations are the Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 “the 2009 Regulations”, the Student Fees (Qualifying Courses and Persons) Regulations (Northern Ireland) 2007 “the 2007 QCP Regulations” and the Education (Student Loans) (Repayment) Regulations (Northern Ireland) 2009 “the 2009 Repayment Regulations”.

Notification of absence from courses (Regulation 3)

The 2009 Regulations are updated to clarify that applicants for support and students who have qualified for support must notify the Department if they suspend their studies or are suspended from their course, or where they are absent due to illness for more than 60 days.

This requirement applies in addition to the requirement to notify the Department if they withdraw or are expelled from, or abandon their course, or transfer to another course.

In addition, the 2009 Regulations are amended so that the institution at which the applicant or student is or was studying is under a corresponding duty to notify the Department of relevant changes in the applicant or student’s circumstances.

Provision to allow persons granted Calais leave, indefinite leave to remain as a bereaved partner, persons granted indefinite leave to remain as a victim of domestic violence or domestic abuse to qualify for student support etc. (regulations 7, 8 and 11 to 14)

The 2009 Regulations are amended to provide that a person who has been granted indefinite leave to remain in the United Kingdom as a bereaved partner, a person granted indefinite leave to remain as a victim of domestic violence or domestic abuse and those persons granted Calais leave (having extant leave to remain in the United Kingdom under paragraph 352J, 352K, 352L or 352T (Calais leave and “leave in line” granted by virtue of being a dependent child of a person granted Calais leave) of the immigration rules, as defined in section 33(1) of the Immigration Act 1971) are eligible to receive funding in respect of eligible higher education courses.

There is no requirement that these students must have been ordinarily resident in the UK, the EEA or Switzerland for the 3 years immediately prior to the start of their course to qualify for funding. Further, if a student is granted the above leave after their course has begun, the student may become eligible for funding.

The 2007 QCP Regulations are also amended to provide that a student granted indefinite leave to remain as a bereaved partner is a “qualifying person” meaning the student may not be charged more than the prescribed maximum amount in tuition fees.

Amendment of residency criteria and of ordinary residence requirements (regulations 4 to 6, 9, 10 and 15 to 20)

The 2009 Regulations are amended to clarify current residency criteria and to separate those into individual criteria. These Regulations also make clear that students in the relevant categories do not have to have been ordinarily resident in the United Kingdom for three years prior to the start of their course (“prior residence requirement”) to qualify for funding but do have to be have been ordinarily resident in the United Kingdom and Islands since they were granted leave to enter or remain.

The relevant categories of student are:

(a) persons granted stateless leave;

(b) family members of persons granted stateless leave;

(c) persons granted section 67 leave under paragraph 352ZG of the immigration rules;

(d) dependent children of persons granted section 67 leave, who are granted “leave in line” under paragraph 352ZO of the immigration rules;

(e) persons granted Calais leave;

(f) dependent children of a person granted Calais leave who are granted “leave in line”;

(g) persons granted humanitarian protection;

(h) family members of persons granted humanitarian protection;

(i) persons granted leave to enter or remain on the grounds of discretionary leave;

(j) family members of persons granted leave to enter or remain on the grounds of discretionary leave.

Corresponding amendments are made to the 2007 QCP Regulations.

Amendments relating to electronic communication and date of repayment (regulation 22)

Regulation 22 amends regulations 5, 18 and 19 of the 2009 Repayment Regulations to allow post or electronic communication to be delivered, and an information notice or a penalty notice to be served electronically.

Regulation 22 also amends regulation 12 of the 2009 Repayment Regulations to specify that there is an adjustment to a deduction made by an employer under Part 4, the amount deducted is to be deemed received by the authority to whom the repayment is to be made on the day the adjustment is made or, where the adjustment is made outside of the relevant tax year, the last day of the relevant tax year.

New payment rates (regulation 23 and the Schedule)

The 2009 Regulations are amended to update the payment rates for student support for an academic year which begins on or after 1st August 2021 (regulation 23 and the Schedule).

An impact assessment has not been produced for this rule as no, or no significant impact on the private, voluntary or public sectors is foreseen.