The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021
| Jurisdiction | UK Non-devolved |
| Citation | SI 2021/127 |
| Year | 2021 |
2021 No. 127
Exiting The European Union
Education, England
The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021
Made 4th February 2021
Laid before Parliament 8th February 2021
Coming into force 1st March 2021
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 1 and 2 of the Education (Fees and Awards) Act 19831, sections 22 and 42(6) of the Teaching and Higher Education Act 19982and sections 10(4)(b) and 119(5) of the Higher Education and Research Act 20173.
PART 1
General
Citation, commencement and application
1.—(1) These Regulations may be cited as the Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 and come into force on 1st March 2021.
(2) These Regulations apply in relation to the provision of support to a student, and to fees and awards applicable, in relation to an academic year which begins on or after 1st August 2021, whether or not anything done under these Regulations is done before, on, or after that date.
(3) In paragraph (2), 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)
(a) on or after 1st January and before 1st April;
(b)
(b) on or after 1st April and before 1st July;
(c)
(c) on or after 1st July and before 1st August; or
(d)
(d) on or after 1st August and on or before 31st December.
PART 2
Amendment of the Education (Student Support) Regulations 2011
Amendment of the Education (Student Support) Regulations 2011
2. The Education (Student Support) Regulations 20114are amended as follows.
Amendment of regulation 2
3.—(1) Regulation 2 (interpretation) is amended as follows.
(2) In paragraph (1)—
(a)
(a) after the definition of “the 2009 Regulations”, insert—
“the 2020 Citizens’ Rights Regulations” means the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 20205;”;
(b)
(b) in the definition of “Erasmus year”6—
(i) in the opening words, for “and”, the first time it occurs, substitute “or in the scheme established by the Secretary of State for Education known as the Turing scheme,”;
(ii) omit paragraph (a);
(iii) in paragraph (b), omit “began on or after 1st September 2012 and”;
(iv) in paragraph (c), omit “began on or after 1st September 2012 and”;
(c)
(c) after the definition of “full-time equivalent”, insert—
““grace period” has the meaning given by regulation 3 of the 2020 Citizens’ Rights Regulations;”;
(d)
(d) after the definition of “person granted stateless leave”7, insert—
““person with protected rights” means—
(a) a person within the personal scope of the citizens’ rights provisions who—
(i) has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules;
(ii) is an Irish citizen who, pursuant to section 3ZA of the Immigration Act 19718, does not require leave to enter or remain in the United Kingdom;
(iii) is a relevant person for the purposes of regulation 3 of the 2020 Citizens’ Rights Regulations where the grace period has not ended; or
(iv) is an applicant for the purposes of regulation 4 of the 2020 Citizens’ Rights Regulations where the relevant period has not expired; or
(b) a family member of a relevant person of Northern Ireland for the purposes of residence scheme immigration rules, where that family member has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules;”;
(e)
(e) after the definition of “regulated institution”9, insert—
““relevant period”, unless otherwise indicated, has the meaning given by regulation 4 of the 2020 Citizens’ Rights Regulations;
“relevant person of Northern Ireland” has the meaning given by residence scheme immigration rules;
“residence scheme immigration rules” has the meaning given by section 17(1) of the European Union (Withdrawal Agreement) Act 202010;”;
(f)
(f) after the definition of “support”, insert—
““Swiss citizens’ rights agreement” has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;”.
(3) After paragraph (1), insert—
“1A For the purposes of these Regulations, a person is within the personal scope of the citizens’ rights provisions if that person falls within—
(a) Article 10 (personal scope) of the EU withdrawal agreement;
(b) Article 9 (personal scope) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020); or
(c) Article 10 (personal scope) of the Swiss citizens’ rights agreement.”.
Amendment of regulation 4
4. In regulation 4 (eligible students)—
(a) for paragraph (2) substitute—
“2 Subject to the following provisions of this regulation, a person is an eligible student in connection with a designated course if in assessing that person’s application for support the Secretary of State determines that the person falls within one of the categories set out—
(a) in paragraphs 2, 2A, 3, 4, 4A, 4B, 4C, 4D, 4E, 5, 6A, 7A, 8A, 9A, 9B, 9C, 9D, 10ZA, 11A, 12A and 13 in Part 2 of Schedule 1; or
(b) in paragraphs 6, 7, 8, 9, 10, 10A, 11 and 12 in Part 2 of Schedule 1, where paragraph (2A) applies.
2A This paragraph applies where—
(a) in connection with a designated course beginning before 1st August 2021, the Secretary of State—
(i) in assessing an application for support by a person (“A”), determined that A fell within one of the categories set out in paragraphs 6, 7, 8, 9, 10, 10A, 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 support in accordance with this Part in relation to an academic year of the course beginning before that date; and
(b) A applies for support in connection with that course or a designated course to which A’s status as an eligible student is transferred from that course in accordance with this Part.
2B In connection with a designated course beginning on or after 1st January 2028, paragraph (2) has effect as if it did not mention paragraphs 8A, 9B and 9D.”;
(b) after paragraph (13), insert—
“13A Where—
(a) the Secretary of State 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”) was an eligible student in connection with—
(i) an application for support for an earlier year of the current course; or
(ii) an application for support in connection with a designated part-time course or other designated course from which A’s status as an eligible part-time student or eligible student has been transferred to the current course; and
(b) as at the day before the academic year in respect of which A is applying for support 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,
A’s status as an eligible student terminates immediately before the first day of the academic year in respect of which A is applying for support.
13B Where—
(a) the Secretary of State has determined that, by virtue of—
(i) falling within paragraph (a)(iii) or (iv) of the definition of “person with protected rights”; or
(ii) meeting the conditions in paragraph 3(1)(a)(iii) or (iv) in Part 2 of Schedule 1,
a person (“A”) is an eligible student in connection with an application for support for an academic year of a designated course; and
(b) as at the day before the academic year begins, A is not a person with protected rights,
A’s status as an eligible student terminates immediately before the first day of the academic year in respect of which A is applying for support.”.
Amendment of regulation 7
5. In regulation 711(transfer of status), after paragraph (1), insert—
“1A Paragraph (1) applies to a person who is an eligible student by virtue of regulation 4(2)(b) only where that person’s status as an eligible student has not been transferred on or after 1st August 2021 from the designated course referred to in regulation 4(2A)(a) to another designated course.”.
Amendment of regulation 17
6. In regulation 1712(events)—
(a) omit paragraph (c);
(b) for paragraph (d) substitute—
“(d)
“(d) the student becomes a family member described in paragraph 9A(1)(a), 9C(1)(a) or 9D(1)(a) of Schedule 1;”;
(c) for paragraph (f) substitute—
“(f)
“(f) where regulation 4(2A)(a) applies, the person becomes a person described in paragraph 12(a) of Schedule 1;”;
(d) in paragraph (g), after “described in”, insert “paragraph 6A(1)(a) of Schedule 1 or, where regulation 4(2A)(a) applies, in”;
(e) for paragraph (h) substitute—
“(h)
“(h) the student becomes a person described in paragraph 11A(a) of Schedule 1 or, where regulation 4(2A)(a) applies, in paragraph 11(1)(a) of Schedule 1;”;
(f) omit the “or” at the end of paragraph (k);
(g) at the end of paragraph (l), insert “; or”;
(h) after paragraph (l), insert—
“(m)
“(m) the student becomes a person described in paragraph 9B(1)(a)(ii) of Schedule 1”.
Amendment of regulation 38
7. In regulation 3813(general qualifying conditions for grants for living and other costs)—
(a) in paragraph (3), for the words from “in Part 2” to the end substitute “or paragraphs in Part 2 of Schedule 1 into which the student falls is one or more of paragraphs 2A, 9, 9A, 9C, 9D, 10 and 10ZA”;
(b) in...
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