PART 2E+WELIGIBILITY
Eligible studentsE+W
3.—(1) An eligible student qualifies for a fee loan in connection with a designated further education course subject to and in accordance with this regulation.
[(2) A person is an eligible student in connection with a designated further education course if—
(a)in assessing that person’s application for a fee loan the Secretary of State determines that the person falls within one of the categories set out—
(i)in paragraphs 2, 2A, 3, 4, 4A, 4B, 4C, 4D, 4E, 5, [5A,] [5B, 5C,] 6A, 7A, 8A, 9A, 9B, [9BA,] [9BB,] 9C, 9D, 10A, 11A, 12A and 13 in Part 2 of Schedule 1; or
(ii)in paragraphs 6, 7, 8, 9, 10, 11 and 12 in Part 2 of Schedule 1, where paragraph (2A) applies; and
(b)the person satisfies the requirements of the other paragraphs of this regulation.
(2A) This paragraph applies where—
(a)in connection with a designated further education course beginning before 1st August 2021, the Secretary of State—
(i)in assessing an application for a fee loan by a person (“A”) determined that A fell within one of the categories set out in paragraphs 6, 7, 8, 9, 10, 11 and 12 in Part 2 of Schedule 1 in relation to an academic year of the course beginning before 1st August 2021; or
(ii)would have so determined had A made an application for a fee loan in accordance with this Part in relation to an academic year of the course beginning before that date; and
(b)A applies for a fee loan in connection with that course or a designated further education course to which A’s status as an eligible student is transferred from that course in accordance with these Regulations.
(2B) In connection with a designated further education course beginning on or after 1st January 2028, paragraph (2) has effect as if it did not mention paragraphs 8A [, 9B, 9BA and 9D].]
(3) The requirements of this paragraph are that the eligible student (“A”)—
[(aa)has reached the age of 24 on the first day of A’s designated further education course, where that day is before 1st August 2016;
(a)has reached the age of 19 on the first day of A’s designated further education course, where that day is on or after 1st August 2016;]
(b)is not in breach of any obligation to repay any loan;
(c)has ratified any agreement for a loan made with A when A was under the age of 18;
(d)has not, in the opinion of the Secretary of State, shown by A’s conduct that A is unfitted to receive support.
(4) If A is an eligible prisoner A can qualify for a fee loan under this regulation in respect of a designated further education course which is taking place at the time which A enters prison, is in prison or is released from prison.
(5) For the purposes of paragraphs [(3)(b) and (3)(c)], “loan” means a loan made under any provision of the student loans legislation.
(6) In a case where the agreement for a loan is subject to the law of Scotland, paragraph [(3)(c)] only applies if the agreement was made—
(a)before 25th September 1991; and
(b)with the concurrence of the borrower’s curator or at a time when the borrower had no curator.
(7) Where the Secretary of State has determined that, by virtue of being a refugee or the spouse, civil partner, child or step-child of a refugee, a person (“A”) is—
(a)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 refugee status of A or of A’s spouse, civil partner, parent or step-parent, as the case may be, [has expired and—
(i)no further leave to remain has been granted;
(ii)no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and
(iii)the person (A or A’s spouse, civil partner, parent or step-parent) whose refugee status has expired has not become a British or Irish citizen,]
A’s status as an eligible student terminates immediately before the first day of the course.
[(7A) Where—
(a)the Secretary of State has determined that, by virtue of being a person granted stateless leave or the spouse, civil partner, child or step-child of a person granted stateless leave, 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 stateless leave is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted [and that person has not become a British or Irish citizen],
A’s status as an eligible student terminates immediately before the first day of the course.]
[(7B) Where—
(a)the Secretary of State has determined that, by virtue of being a person granted section 67 leave, 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 section 67 leave is allowed to stay in the United Kingdom and Islands has expired and no further leave to remain has been granted [and that person has not become a British or Irish citizen],
A’s status as an eligible student terminates immediately before the first day of the course.]
[(7C) Where—
(a)the Secretary of State has determined that, by virtue of being a person granted Calais leave, 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 A is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted [and A has not become a British or Irish citizen],
A’s status as an eligible student terminates immediately before the first day of the course.]
(8) Where the Secretary of State has determined that, by virtue of being a person granted humanitarian protection or the spouse, civil partner, child or step-child of such a person, a person (“A”) is—
(a)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 humanitarian protection is allowed to stay in the United Kingdom [has expired and—
(i)no further leave to remain has been granted;
(ii)no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and
(iii)the person (A or A’s spouse, civil partner, parent or step-parent) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen,]
A’s status as an eligible student terminates immediately before the first day of the course.
[(8A) Where—
(a)the Secretary of State has determined that, by virtue of being a person granted leave under [one of the Afghan Schemes] [or the spouse, civil partner, child or step-child of a person granted leave under one of the Afghan Schemes], 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 [one of the Afghan Schemes] is allowed to stay in the United Kingdom has expired [and that person has not become a British or Irish citizen],
A’s status as an eligible student terminates immediately before the first day of the course.]
[(8B) Where—
(a)the Secretary of State has determined that, by virtue of being a person granted leave under one of the Ukraine Schemes [or the spouse, civil partner, child or step-child of a person granted leave under one of the Ukraine Schemes], 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 one of the Ukraine Schemes is allowed to stay in the United Kingdom has expired and no further leave to enter or remain has been granted,
A’s status as an eligible student terminates immediately before the first day of the course.]
[(9) Where—
(a)the Secretary of State has determined that, by virtue of being a person with protected rights with limited leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules, a person (“A”) is an eligible student in connection with an application for support for a fee loan for a designated further education course; and
(b)as at the day before that course begins, A no longer has extant limited leave to enter or remain granted by virtue of residence scheme immigration rules and no further leave to enter or remain has been granted under those rules [and A has not become a British or Irish citizen],
A’s status as an eligible student terminates immediately before the first day of the course.
(10) Where—
(a)the Secretary of State has determined that, by virtue of—
(i)falling within [paragraph (a)... (iv) or (v)] of the definition of “person with protected rights”; or
(ii)meeting the conditions in paragraph 3(1)(a)... (iv) in Part 2 of Schedule 1,
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, A is not a person with protected rights [and has not become a British or Irish citizen],
A’s status as an eligible student terminates immediately before the first day of the course.]
[(11) Where—
(a)the Secretary of State has determined that a person (“A”) is an eligible student by virtue of paragraph 13 of Schedule 1 (long residence) in connection with an application for a fee loan for a designated further education course; and
(b)as at the day before the course begins, the period for which A is allowed to stay in the United Kingdom has expired and—
(i)no further leave to remain has been granted;
(ii)no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and
(iii)A has not become a British or Irish citizen,
A’s status as an eligible student terminates immediately before the first day of the course.]
Textual Amendments
Commencement Information
Designated coursesE+W
[4.—(1) A further education course may be designated by the Secretary of State for the purposes of section 22(1) of the 1998 Act where—
(a)the course began on or after 1st August 2013; and
(b)the institution providing the course is situated in England.
(2) The Secretary of State may revoke or suspend the designation of a course which is designated under paragraph (1).]
Textual Amendments
Commencement Information
Period of eligibilityE+W
5.—(1) A student’s status as an eligible student is retained in connection with a designated further education course until the status terminates in accordance with this regulation [or regulation 3].
(2) The period for which an eligible student retains that status is the “period of eligibility”.
[(3) Subject to the following paragraphs the maximum periods of eligibility are determined by the type of further education course and are as follows—
(a)two years for AS Levels;
(b)two years for A Levels;
(c)two years for an Access to HE Diploma; and
(d)three years for any other type of course.]
(4) The period of eligibility terminates when the eligible student (“A”)—
(a)withdraws from A’s further education course in circumstances where the Secretary of State has not transferred or will not transfer A’s status as an eligible student under regulation 8,or
(b)abandons or is expelled from A’s further education course.
(5) The Secretary of State may terminate the period of eligibility where A has shown by A’s conduct that A is unfitted to receive a fee loan.
(6) If the Secretary of State is satisfied that an eligible student has failed to comply with any requirement to provide information under these Regulations or has provided information which is inaccurate in a material particular, the Secretary of State may take such of the following actions as the Secretary of State considers appropriate in the circumstances—
(a)terminate the period of eligibility;
(b)determine that the student no longer qualifies for any fee loan or particular amount of fee loan;
(c)treat any fee loan paid to the student as an overpayment which may be recovered under regulation 24.
(7) Where the period of eligibility terminates before the student completes the further education course, the Secretary of State may, at any time, renew the period of eligibility for such period as the Secretary of State determines.
Textual Amendments
Commencement Information
[Students becoming eligible after a designated further education course has begunE+W
6.—(1) Where any of the following events occur after a designated further education has begun, a student may qualify for a fee loan in accordance with this Part in respect of that course—
(a)the student’s course becomes a designated further education course; or
(b)an event specified in paragraph (2) which results in the student becoming an eligible student.
(2) The events mentioned in paragraph (1)(b) are—
(a)the student or the student’s spouse, civil partner, parent or step-parent is recognised as a refugee or becomes a person granted stateless leave or a person granted humanitarian protection;
(b)the student becomes a family member described in paragraph 9A(1)(a), 9B(1)(a), 9C(1)(a) or 9D(1)(a) or (2)(a) of Schedule 1;
[(ba)the student becomes a person described in paragraph 2 of Schedule 1;
(bb)the student becomes a person described in paragraph 2A of Schedule 1;]
(c)the student becomes a person described in paragraph 3(1)(a) of Schedule 1;
(d)the student becomes a person described in paragraph 6A(1)(a) of Schedule 1;
[(da)the student becomes a person described in paragraph 9BB of Schedule 1;]
(e)the student becomes a person described in paragraph 11A(a) of Schedule 1;
(f)the student becomes a person granted section 67 leave;
(g)the student [or the student’s parent] becomes a person granted indefinite [leave to enter or remain] as a victim of domestic violence or domestic abuse;
(h)the student becomes a person granted Calais leave;
(i)the student [or the student’s parent] becomes a person granted indefinite [leave to enter or remain] as a bereaved partner;
(j)the student [or the student’s spouse, civil partner or parent] becomes a person granted leave under one of the Afghan Schemes;
(k)the student [or the student’s spouse, civil partner or parent] becomes a person granted leave under one of the Ukraine Schemes.
(3) Where the event that occurs in relation to a student is an event specified in paragraph (2)(a), (f), (g), (h), (i), (j) or (k), paragraph (4) applies for the purposes of determining whether the event results in the student becoming an eligible student.
(4) The student is to be treated, for the purposes of determining whether the student satisfies any requirement in Schedule 1 that the student is ordinarily resident in the United Kingdom on the first day of the relevant course (“the course start date”), as if the student was, on the course start date, lawfully residing in the place where the student was residing on that date.]
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[Student becoming eligible where a course is designated after the student starts the courseE+W
7A.—(1) A student may only qualify for a loan for a course that is designated after that student starts the course if the course is designated in the academic year in which that student starts the course.
(2) For the purposes of this regulation an “academic year” means the twelve month period starting on 1st August and ending on 31st July.]
Transfer of status within same institutionE+W
8.—(1) Where an eligible student (“A”) transfers to another designated further education course at the same institution, the Secretary of State may transfer their status as an eligible student to that further education course where—
(a)the Secretary of State receives a request from the eligible student to transfer to a further education course at an equivalent level to the course which the eligible student is currently taking, and
(b)the period of eligibility has not terminated.
[(1A) Paragraph (1) applies to a person who is an eligible student by virtue of regulation 3(2)(a)(ii) only where that person’s status as an eligible student has not been transferred on or after 1st August 2021 from the designated further education course referred to in regulation 3(2A)(a) to another designated further education course.]
(2) Where A transfers under paragraph (1), A is entitled to receive in connection with the further education course to which A transfers, any remainder of the fee loan assessed by the Secretary of State in respect of the remainder of the period of eligibility of the further education course to which A transfers.
Textual Amendments
Commencement Information
Transfer to another institutionE+W
9. Where an eligible student transfers to a designated further education course at an alternative institution that eligible student must apply for a fee loan under regulation 10 ... ....
Textual Amendments
Commencement Information