{
  "url": "https://openlegislation.uk/education-student-fees-awards-and-support-amendment-regulations-2021/regulation-47",
  "json_url": "https://openlegislation.uk/education-student-fees-awards-and-support-amendment-regulations-2021/regulation-47.json",
  "legislation": "uksi/2021/127",
  "legislation_title": "The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021",
  "legislation_url": "https://openlegislation.uk/education-student-fees-awards-and-support-amendment-regulations-2021",
  "path": "regulation/47",
  "kind": "regulation",
  "number": "47",
  "heading": "Amendment of regulation 3",
  "text": "In regulation 3 (eligible students)—\n(a) for paragraph (2) substitute—\n“(2) A person is an eligible student in connection with a designated further education course if—\n(a) in assessing that person’s application for a fee loan the Secretary of State determines that the person falls within one of the categories set out—\n(i) in paragraphs 2, 2A, 3, 4, 4A, 4B, 4C, 4D, 4E, 5, 6A, 7A, 8A, 9A, 9B, 9C, 9D, 10A, 11A, 12A and 13 in Part 2 of Schedule 1; or\n(ii) in paragraphs 6, 7, 8, 9, 10, 11 and 12 in Part 2 of Schedule 1, where paragraph (2A) applies; and\n(b) the person satisfies the requirements of the other paragraphs of this regulation.\n(2A) This paragraph applies where—\n(a) in connection with a designated further education course beginning before 1st August 2021, the Secretary of State—\n(i) in assessing an application for a fee loan by a person (“A”) determined that A fell within one of the categories set out in paragraphs 6, 7, 8, 9, 10, 11 and 12 in Part 2 of Schedule 1 in relation to an academic year of the course beginning before 1st August 2021; or\n(ii) would have so determined had A made an application for a fee loan in accordance with this Part in relation to an academic year of the course beginning before that date; and\n(b) A applies for a fee loan in connection with that course or a designated further education course to which A’s status as an eligible student is transferred from that course in accordance with these Regulations.\n(2B) In connection with a designated further education course beginning on or after 1st January 2028, paragraph (2) has effect as if it did not mention paragraphs 8A, 9B and 9D.”;\n(b) after paragraph 8, insert—\n“(9) Where—\n(a) the Secretary of State has 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”) is an eligible student in connection with an application for support for a fee loan for a designated further education course; and\n(b) as at the day before that course 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,\nA’s status as an eligible student terminates immediately before the first day of the course.\n(10) Where—\n(a) the Secretary of State has determined that, by virtue of—\n(i) falling within paragraph (a)(iii) or (iv) of the definition of “person with protected rights”; or\n(ii) meeting the conditions in paragraph 3(1)(a)(iii) or (iv) in Part 2 of Schedule 1,\na person (“A”) is an eligible student in connection with an application for a fee loan for a designated further education course; and\n(b) as at the day before that course begins, A is not a person with protected rights,\nA’s status as an eligible student terminates immediately before the first day of the course.”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Regulation 3 was amended by S.I. 2014/1766, 2016/238, 2018/182, 2019/142, 2020/48, 1181, 1203."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2021/127/regulation/47",
    "retrieved_at": "2026-10-28T22:17:41.107434+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."
}