This Statutory Instrument, in part, corrects errors in S.I. 2022/1335 and S.I. 2023/74 and is being issued free of charge to all known recipients of those Statutory Instruments.
2023 No. 521
The Education (Student Finance) (Miscellaneous Amendments) Regulations 2023
Made
Laid before Parliament
Laid before Senedd Cymru
Coming into force
The Secretary of State for Education makes these Regulations in exercise of the powers in sections 22 and 42(6) of the Teaching and Higher Education Act 19981 and sections 10(4)(b) and 119(5) of the Higher Education and Research Act 20172.
The Welsh Ministers make these Regulations in exercise of the powers conferred by sections 22(1) and (2)(g), (3)(a) and (b), (4)(a) and 42(6) of the Teaching and Higher Education Act 19983, now exercisable by them.
Citation, commencement and extent1
1
These Regulations may be cited as the Education (Student Finance) (Miscellaneous Amendments) Regulations 2023 and come into force on 1st June 2023.
2
This regulation and regulation 3 extend to England and Wales, Scotland and Northern Ireland.
3
The amendments in regulation 2 have the same extent as the provisions which they amend.
4
Regulations 4, 5, 6 and 7 extend to England and Wales.
Amendments to the Education (Student Loans) (Repayment) Regulations 20092
1
The Education (Student Loans) (Repayment) Regulations 20094 are amended as follows.
2
In the table in regulation 20B(3), after the row for the period “1st March 2023 to 31st May 2023”, insert—
1st June 2023 to 31st August 2023
7.1%
3
In regulation 33(3)(b) and (d)(ii), omit “or postgraduate degree loan”.
4
In regulation 74A—
a
in paragraph (1), after “formula” insert “in paragraph (2) or (2A) (as the case may be)”
;
b
in paragraph (2), after “formula” insert “applicable to a plan 2 or 5 loan”
;
c
after paragraph (2), insert—
2A
The formula applicable to a plan 3 loan is—
d
in paragraph (3), for “formula” substitute “formulae in paragraphs (2) and (2A)”
;
e
after paragraph (3), after “Example” insert “(using the formula applicable to plan 2 or 5 loans)”
.
Amendment of the Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 20223
1
The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 20225 are amended as follows.
2
In regulation 3(a), omit “, 11, 22, 26, 28”.
3
After regulation 3(a), insert—
aa
regulation 11, insofar as it relates to regulations 8B and 8C of the Education (Student Loans) (Repayment) Regulations 2009, also extends to Northern Ireland and Scotland;
Application of regulations 5 to 7 and interpretation4
1
Regulations 5 and 7 apply in relation to England only.
2
Regulation 6 applies in relation to English higher education providers6.
3
Subject to the savings in Part 5 of the Education (Student Fees, Awards and Support) (Amendment) Regulations 20237 (as amended by regulation 7)—
a
regulation 5(3), (4), (5), (6) and (7) and regulation 6 apply only in relation to the provision of support, and to fees and awards applicable, in relation to a new academic year, whether anything done under the 2011 Regulations as amended by these Regulations is done before, on or after 1st August 2023;
b
regulation 5(2)(a)(i) applies only in relation to the provision of support in relation to—
i
a new course, or
ii
a new academic year of an existing course,
whether anything done under the 2011 Regulations as amended by these Regulations is done before, on or after 1st August 2023;
c
regulation 5(2)(b) applies only in relation to the provision of support in relation to a new course, whether anything done under the 2011 Regulations as amended by these Regulations is done before, on or after 1st August 2023.
4
In this regulation—
“existing course” means a course which begins—
- a
on or after 1st August 2022, and
- b
on or before 31st July 2023;
- a
“new academic year” means an academic year which begins on or after 1st August 2023;
“new course” means a course which begins on or after 1st August 2023.
5
For the purposes of this regulation, an “academic year” is the period of twelve months beginning with 1st January, 1st April, 1st July or 1st September of the calendar year in which the academic year of the course in question begins, according to whether the academic year of the course in question begins—
a
on or after 1st January and before 1st April,
b
on or after 1st April and before 1st July,
c
on or after 1st July and before 1st August, or
d
on or after 1st August and on or before 31st December.
6
In this regulation and regulation 5, “the 2011 Regulations” means the Education (Student Support) Regulations 20118.
Amendment of the Education (Student Support) Regulations 20115
1
The 2011 Regulations are amended as follows.
2
In regulation 2—
a
in paragraph (1)—
i
in the definition of “person granted leave under the Afghan Citizens Resettlement Scheme”9, for paragraph (a) substitute—
a
who has indefinite leave to enter or remain in the United Kingdom, outside the immigration rules, on the basis of the Afghan Citizens Resettlement Scheme; and
ii
in the definition of “person granted leave under the Ukraine Extension Scheme”10, in paragraph (a), for “Immigration Rules” substitute “immigration rules”
;
iii
in the definition of “person granted leave under the Ukraine Family Scheme”11, in paragraph (a), for “Immigration Rules”, in both places it occurs, substitute “immigration rules”
;
b
in paragraph (1ZA)(e)(ii)12, for “1st September” substitute “1st August”
.
3
In regulation 2A(7)13—
a
in sub-paragraph (a), for “regulation 139(7)” substitute “regulation 161(4)”
;
b
in sub-paragraph (c), for “part-time”, in each place it occurs, substitute “postgraduate”
.
4
In regulation 9(2)(a)14, after “an in-year qualifying event” insert “or a course designation event”
.
5
In regulation 49A15, insert the heading “Quarters in respect of which grant for travel is payable”
.
6
In regulation 85(1)16, after “living costs in respect of” insert “such quarters in respect of”
.
7
In regulation 157C(6)(a)17, for “one of the events listed in paragraph (2) of regulation 138A” substitute “an event falling within regulation 138A”
.
Amendment of the Higher Education (Fee Limit Condition) (England) Regulations 20176
In the Higher Education (Fee Limit Condition) (England) Regulations 201718, in regulation 4(7), for “prescribed” substitute “protected”
.
Amendment of the Education (Student Fees, Awards and Support) (Amendment) Regulations 20237
1
The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 are amended as follows.
2
In regulation 139(3), in the definition of “existing SSR Afghan scheme student”, in paragraph (b), for “P’s status” substitute “the student’s status”
.
3
In regulation 140(3), in the definition of “existing EUI Afghan scheme student”, in paragraph (b), for “P’s status” substitute “the student’s status”
.
(This note is not part of the Regulations)