{
  "url": "https://openlegislation.uk/draft-lifelong-learning-fee-limits-regulations-2026/regulation-5",
  "json_url": "https://openlegislation.uk/draft-lifelong-learning-fee-limits-regulations-2026/regulation-5.json",
  "legislation": "ukdsi/2026/9780348283327",
  "legislation_title": "The Lifelong Learning (Fee Limits) Regulations 2026",
  "legislation_url": "https://openlegislation.uk/draft-lifelong-learning-fee-limits-regulations-2026",
  "path": "regulation/5",
  "kind": "regulation",
  "number": "5",
  "heading": "Qualifying person",
  "text": "(1) Subject to paragraph (4) and regulation 6, a person is of a description prescribed for the purposes of section 10(4)(b) of the 2017 Act if they—\n(a) fall within a settled category or a protected category—\n(i) on the course start date, where the course year is the first course year of the person’s course, or\n(ii) otherwise, on the first day of a relevant course year, or\n(b) fall within a prescribed category on the first day of a relevant course year.\n(2) In this regulation, subject to paragraph (3), “prescribed category” means any category of persons described in paragraphs 2, 4, 15, 16, 18, 19, 20, 21, 22, 23, 24, 25, 26 and 27 in Part 2 of Schedule 1.\n(3) In relation to a qualifying course which begins on or after 1st January 2028, paragraph (2) has effect as if it did not mention paragraphs 19, 20 and 23 in Part 2 of Schedule 1.\n(4) For the purposes of this regulation, where—\n(a) a person fell within a settled category, a protected category or a prescribed category on the day specified in paragraph (1)(a)(i) or (ii) or (b) (as the case may be),\n(b) after that day, they become a person who no longer falls within a paragraph of Part 2 of Schedule 1 as a result of their leave to remain or the leave to remain of their spouse, civil partner or parent (as the case may be) having expired, and\n(c) either—\n(i) further leave to remain has been granted,\n(ii) paragraph SUI 13.1 of the immigration rules applies in respect of an application for such leave, or\n(iii) the person whose leave to remain has expired has become a British or Irish citizen,\nthe person who would otherwise no longer fall within a paragraph in Part 2 of Schedule 1 is to be treated as falling within the paragraph in Part 2 of Schedule 1 in which they previously fell for the remainder of the duration of the course.\n(5) Where a protected category event occurs in relation to a person after the course start date, paragraph (6) applies for the purposes of determining whether the person falls within a protected category on the first day of the relevant course year.\n(6) The person is, for the purposes of determining whether they satisfy any requirement in Part 2 of Schedule 1 that they are ordinarily resident in the United Kingdom on the course start date, to be treated as if the person was, on the course start date, lawfully residing in the place where the person was residing on that date.\n(7) For the purposes of this regulation—\n“protected category” means any category of persons described in paragraph 5, 6, 7, 8, 9, 10, 11, 12, 13 or 14 of Part 2 of Schedule 1;\n“protected category event” means an event specified in regulation 6(2)(b), (j), (k), (l), (m), (n) or (o);\n“relevant course year” means a course year beginning on or after 1st January 2027;\n“settled category” means any category of persons described in paragraph 3 or 17 of Part 2 of Schedule 1.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2026/9780348283327/regulation/5",
    "retrieved_at": "2026-10-30T14:37:24.903340+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}