# The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021, Regulation 22: Amendment of regulation 159


In regulation 159 (eligible postgraduate students)—
(a) in paragraph (2), for “paragraph (4)” substitute “the following provisions of this regulation”;
(b) for paragraph (3) substitute—
“(3) The conditions are—
(a) the person falls within one of the categories set out—
(i) 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
(ii) in paragraphs 6, 7, 8, 9, 10, 10A, 11 and 12 in Part 2 of Schedule 1, where paragraph (3A) applies; and
(b) the person has a disability.
(3A) This paragraph applies where—
(a) in connection with a designated postgraduate 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 postgraduate course to which A’s status as an eligible postgraduate student is transferred from that course in accordance with this Part.
(3B) In connection with a designated postgraduate course beginning on or after 1st January 2028, paragraph (3)(a) has effect as if it did not mention paragraphs 8A, 9B and 9D.”;
(c) in paragraph (8), 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 and 9D”;
(d) after paragraph (16), insert—
“(16A) 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 postgraduate student in connection with—
(i) an application for support for an earlier year of the current postgraduate course; or
(ii) an application for support in connection with another designated postgraduate course from which A’s status as an eligible postgraduate student has been transferred to the current postgraduate 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 postgraduate student terminates immediately before the first day of the academic year in respect of which A is applying for support.
(16B) 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 postgraduate student in connection with an application for support for an academic year of a designated postgraduate course; and
(c) as at the day before the academic year begins A is not a person with protected rights,
A’s status as an eligible postgraduate student terminates immediately before the first day of the academic year in respect of which A is applying for support.”.

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Source: https://www.legislation.gov.uk/uksi/2021/127/regulation/22 (the official version)
Page: https://openlegislation.uk/education-student-fees-awards-and-support-amendment-regulations-2021/regulation-22
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.