The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Education (Student Support) Regulations 2011 (S.I. 2011/1986) (“the Student Support Regulations”), the Education (Fees and Awards) (England) Regulations 2007 (S.I. 2007/779) (“the Fees and Awards Regulations”), the Education (Student Support) (European University Institute) Regulations 2010 (S.I. 2010/447), the Further Education Loans Regulations 2012 (S.I. 2012/1818), the Education (Postgraduate Master’s Degree Loans) Regulations 2016 (S.I. 2016/606), the Higher Education (Fee Limit Condition) (England) Regulations 2017 (S.I. 2017/1189) and the Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 2018 (S.I. 2018/599).

Part 2 amends the Student Support Regulations. The principal amendments are made in consequence of the United Kingdom’s exit from the European Union and take effect in relation to an academic year beginning on or after 1st August 2021. The amendments also make minor corrections to the Student Support Regulations.

Regulation 2 amends the definitions and brings the Turing scheme established by the Secretary of State for Education within the scope of the Student Support Regulations.

Regulation 4 amends the provisions relating to eligibility for student support. It makes provision for new eligibility categories which apply in relation to applications for support by students undertaking courses in an academic year beginning on or after 1st August 2021. It restricts certain eligibility categories applicable before 1st August 2021 to students falling within those categories before 1st August 2021 and undertaking a course beginning before 1st August 2021. Those eligibility categories continue to apply in relation to such a course and the first course to which that person’s status as an eligible student may be transferred in accordance with the Student Support Regulations.

Regulations 5 to 24 make related amendments to the Student Support Regulations.

Regulation 25 amends Schedule 1 to the Student Support Regulations, principally to insert new eligibility paragraphs and related definitions. The amendments apply in relation to—

• persons settled in the United Kingdom who have been ordinarily resident in the United Kingdom, the Channel Islands and the Isle of Man and the Republic of Ireland;

• persons falling within the personal scope of the citizens’ rights provisions of the EU withdrawal agreement, the EEA EFTA separation agreement and the Swiss citizens’ rights agreement (“the Agreements”) who have leave to enter or remain in the United Kingdom granted under residence scheme immigration rules (as defined in section 17 of the European Union (Withdrawal Agreement) Act 2020);

• persons falling within the personal scope of the citizens’ rights provisions of the Agreements who are in the grace period for applications for leave under residence scheme immigration rules, or whose applications for such leave are not yet determined, and Irish citizens who do not require leave to enter or remain in the United Kingdom;

• family members of relevant persons of Northern Ireland who have leave to enter or remain in the United Kingdom under residence scheme immigration rules;

• frontier workers within the meaning of regulation 3 of the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020 (S.I. 2020/1213);

• persons settled in the United Kingdom who exercised a right of residence in the European Economic Area or Switzerland before IP completion day;

• nationals of the United Kingdom and their family members who before IP completion day have been ordinarily resident in the European Economic Area or Switzerland, in relation to courses beginning before 1st January 2028;

• family members of nationals of the United Kingdom who are resident in the United Kingdom and Islands;

• nationals of the United Kingdom and their family members resident in Gibraltar and persons with a right to reside in Gibraltar arising under the EU withdrawal agreement; and

• children of Turkish workers resident in the United Kingdom before IP completion day.

Part 3 (other than regulation 27(e)) makes similar amendments to the Fees and Awards Regulations. The Regulations authorise the charging of fees which are higher in the case of students not having a specified connection with the United Kingdom than in the case of students having such a connection, and the adoption of rules of eligibility which confine awards to those with such a connection with the United Kingdom. In addition, regulation 27(e) amends a provision on “ordinary residence” so that students from the Channel Islands and the Isle of Man who move to the United Kingdom for the purposes of study will be treated as ordinarily resident in the United Kingdom for the purposes of the Fees and Awards Regulations.

Part 4 makes similar amendments to those made to the Student Support Regulations to the Education (Student Support) (European University Institute) Regulations 2010.

Part 5 (other than regulation 48) makes similar amendments to those made to the Student Support Regulations to the Further Education Loans Regulations 2012. Regulation 48 corrects an error in the Further Education Loans Regulations 2012.

Part 6 makes similar amendments to those made to the Student Support Regulations to the Education (Postgraduate Master’s Degree Loans) Regulations 2016.

Part 7 makes similar amendments to those made to the Fees and Awards Regulations to the Higher Education (Fee Limit Condition) (England) Regulations 2017. Regulation 61(3)(b) amends the description of “ordinary residence” to the same effect as regulation 27(e).

Part 8 makes similar amendments to those made to the Student Support Regulations to the Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 2018.

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available alongside these Regulations at www.legislation.gov.uk. Copies are also available from the Department for Education, Student Funding Policy, Sanctuary Buildings, Great Smith Street, London SW1P 3BT.