The Education (Student Fees, Awards and Support) (Amendment) Regulations 2022
S.I. 2022/57 · Made 20 January 2022 · Extends to England and Wales
This Statutory Instrument has been made in part to correct errors made in S.I. 2021/1348 and is being issued free of charge to all known recipients of that Statutory Instrument.
Education, England
Made 20th January 2022
Laid before Parliament 24th January 2022
Coming into force 15th February 2022
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 1 and 2 of the Education (Fees and Awards) Act 1983f1, sections 22 and 42(6) of the Teaching and Higher Education Act 1998f2 and sections 10(4)(b) and 119(5) of the Higher Education and Research Act 2017f3.
Annotations to the whole text
Footnotes
- f1
-
1983 c. 40. Section 1 was amended by paragraph 91 of Schedule 12 to the Education Reform Act 1988 (c. 40); paragraph 19 of Schedule 8 to the Further and Higher Education Act 1992 (c. 13); paragraph 8 of Schedule 9 to the Further and Higher Education (Scotland) Act 1992 (c. 37); paragraph 7 of Schedule 2 to the Education Act 1994 (c. 30); paragraph 57 of Schedule 37 to the Education Act 1996 (c. 56); paragraph 5 of Schedule 3 to the Teaching and Higher Education Act 1998 (c. 30); paragraph 11 of Schedule 9 to the Learning and Skills Act 2000 (c. 21); paragraph 5 of Schedule 21, and Part 3 of Schedule 22, to the Education Act 2002 (c. 32); paragraph 9 of Schedule 14 to the Education Act 2005 (c. 18); paragraph 5 of Schedule 5, and paragraph 5 of Schedule 16, to the Education Act 2011 (c. 21); paragraph 33 of Schedule 14 to the Deregulation Act 2015 (c. 20); S.I. 2005/3238, S.I. 2010/1080 and S.I. 2010/1158. Section 2 was amended by paragraph 1 of Schedule 4 to the Teaching and Higher Education Act 1998.
- f2
-
1998 c. 30. Section 22 was amended by section 146(2) of, and paragraph 1 of Schedule 11 to, the Learning and Skills Act 2000 (c. 21); paragraph 236 of Schedule 6 to the Income Tax (Earnings and Pensions) Act 2003 (c. 1); section 147(3) of the Finance Act 2003 (c. 14); sections 42(1) and 43(2) and (3) of, and Schedule 7 to, the Higher Education Act 2004 (c. 8); section 257(2) of the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22); section 76(1) and (2)(a) of the Education Act 2011 (c. 21); section 88(2) to (5) of the Higher Education and Research Act 2017 (c. 29); and S.I. 2013/1881. Section 22 is also amended by section 86(2) to (7) of the Higher Education and Research Act 2017 but those amendments are not yet in force. Section 42 was amended by paragraph 9 of Schedule 12 to the Education Act 2002 (c. 32); paragraph 9 of Schedule 6 to the Higher Education Act 2004; and paragraph 15 of Schedule 2 to the Education Act 2011. See section 43(1) for the definitions of “prescribed” and “regulations”.
- f3
-
2017 c. 29. See section 10(9) for the definition of “prescribed”.
Contents
- Part 1: Introductory
- 1Citation, commencement, extent and application
- Part 2: Amendment of the Education (Student Support) Regulations 2011
- Chapter 1: Introductory
- 2Amendment of the Education (Student Support) Regulations 2011
- Chapter 2: Relocated Afghan citizens
- 3Eligibility of relocated Afghan citizens
- 4Eligibility of relocated Afghan citizens
- 5Eligibility of relocated Afghan citizens
- 6Eligibility of relocated Afghan citizens
- 7Eligibility of relocated Afghan citizens
- 8Eligibility of relocated Afghan citizens
- 9Eligibility of relocated Afghan citizens
- 10Eligibility of relocated Afghan citizens
- 11Eligibility of relocated Afghan citizens
- 12Eligibility of relocated Afghan citizens
- Chapter 3: Overpayments
- 13Recovery of fee loans
- 14Recovery of fee loans
- Part 3: Corresponding amendments to other Regulations
- Chapter 1: Amendment of the Education (Fees and Awards) (England) Regulations 2007
- Introductory
- 15Amendment of the Education (Fees and Awards) (England) Regulations 2007
- Relocated Afghan citizens
- 16Relocated Afghan citizens: fees and awards
- Chapter 2: Amendment of the Education (Student Support) (European University Institute) Regulations 2010
- Introductory
- 17Amendment of the Education (Student Support) (European University Institute) Regulations 2010
- Relocated Afghan citizens
- 18Eligibility of relocated Afghan citizens
- Chapter 3: Amendment of the Further Education Loans Regulations 2012
- Introductory
- 19Amendment of the Further Education Loans Regulations 2012
- Relocated Afghan citizens
- 20Eligibility of relocated Afghan citizens: further education loans
- Overpayments
- 21Recovery of fee loans
- Chapter 4: Amendment of the Education (Postgraduate Master’s Degree Loans) Regulations 2016
- Introductory
- 22Amendment of the Education (Postgraduate Master’s Degree Loans) Regulations 2016
- Relocated Afghan citizens
- 23Eligibility of relocated Afghan citizens: Master’s degrees
- Overpayments
- 24Recovery of postgraduate master’s degree loans
- Chapter 5: Amendment of the Higher Education (Fee Limit Condition) (England) Regulations 2017
- Introductory
- 25Amendment of the Higher Education (Fee Limit Condition) (England) Regulations 2017
- Relocated Afghan citizens
- 26Relocated Afghan citizens: fee limit condition
- Chapter 6: Amendment of the Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No 2) etc.) Regulations 2018
- Introductory
- 27Amendment of the Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No 2) etc.) Regulations 2018
- Relocated Afghan citizens
- 28Relocated Afghan citizens: Doctoral degrees
- Overpayments
- 29Recovery of postgraduate doctoral degree loans
- Signature
- Explanatory note
1Citation, commencement, extent and applicationI1
These Regulations may be cited as the Education (Student Fees, Awards and Support) (Amendment) Regulations 2022 and come into force on 15th February 2022.
These Regulations extend to England and Wales.
The amendments made by regulations 3 to 12, 16, 18, 20, 23, 26 and 28 apply in relation to the provision of support to a student in relation to a course which begins on or after 1st August 2022, whether or not anything done under these Regulations is done before, on, or after that date.
2Amendment of the Education (Student Support) Regulations 2011I1
The Education (Student Support) Regulations 2011f1 are amended as follows.
3Eligibility of relocated Afghan citizensI1
In regulation 2(1)—
after the definition of “person granted indefinite leave to remain as a victim of domestic violence or domestic abuse”f1, insert—
““person granted leave under one of the Afghan Schemes” means a person granted leave under the Afghan Citizens Resettlement Scheme or a person granted leave under the Afghan Relocations and Assistance Policy Scheme;
“person granted leave under the Afghan Citizens Resettlement Scheme” means a person—
- (a)
who has—
- (i)
indefinite leave to enter or remain in the United Kingdom, outside the immigration rules as defined in section 33(1) of the Immigration Act 1971f2, on the basis of the Afghan Citizens Resettlement Scheme; or
- (ii)
indefinite leave to enter or remain in the United Kingdom, outside those rules, as the spouse, civil partner or dependent child of such a person, or dependent child of the spouse or civil partner; and
- (b)
who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;”.
in the definition of “person granted leave under the Afghan Relocations and Assistance Scheme”f3—
in the opening words and in paragraph (a)(ii) and (iii), after “Assistance” insert “Policy”;
in paragraph (a)(i) for “276BB1(iv)” substitute “276BB1(iii)(a)”;
in paragraph (a)(iv) for “276BJ1 or 276BO1” substitute “276BJ2 or 276BO2”.
4Eligibility of relocated Afghan citizensI1
In regulation 4(13C)f1, in the opening words of sub-paragraph (a) and in sub-paragraph (b), for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.
5Eligibility of relocated Afghan citizensI1
In regulation 17(n)f1 for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.
6Eligibility of relocated Afghan citizensI1
In regulation 85(2)(m)f1 for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.
7Eligibility of relocated Afghan citizensI1
In regulation 137(11C)f1, in the opening words of sub-paragraph (a) and in sub-paragraph (b), for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.
8Eligibility of relocated Afghan citizensI1
In regulation 138(4)(o)f1 for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.
9Eligibility of relocated Afghan citizensI1
In regulation 138A(2)(m)f1 for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.
10Eligibility of relocated Afghan citizensI1
In regulation 159(16C)f1, in the opening words of sub-paragraph (a) and in sub-paragraph (b), for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.
11Eligibility of relocated Afghan citizensI1
In regulation 160(2)(m)f1 for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.
12Eligibility of relocated Afghan citizensI1
In Schedule 1, in paragraph 14 and in the heading to that paragraph, for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.
13Recovery of fee loansI1
In regulation 117f1, after paragraph (1A), insert—
“(1B)An academic authority must, if so required by the Secretary of State, repay any amount of a fee loan paid to the academic authority in respect of a student which for whatever reason exceeds the amount of a fee loan to which the student is entitled.”.
14Recovery of fee loansI1
In regulation 157f1, after paragraph (1A), insert—
“(1B)An academic authority must, if so required by the Secretary of State, repay any amount of a fee loan paid to the academic authority in respect of a student which for whatever reason exceeds the amount of a fee loan to which the student is entitled.”.
15Amendment of the Education (Fees and Awards) (England) Regulations 2007I1
The Education (Fees and Awards) (England) Regulations 2007f1 are amended as follows.
16Relocated Afghan citizens: fees and awardsI1
In Schedule 1f1—
in paragraph 1(1)—
after the definition of “person granted humanitarian protection”f2, insert—
““person granted leave under one of the Afghan Schemes” means a person granted leave under the Afghan Citizens Resettlement Scheme or a person granted leave under the Afghan Relocations and Assistance Policy Scheme;
“person granted leave under the Afghan Citizens Resettlement Scheme” means a person—
- (a)
who has—
- (i)
indefinite leave to enter or remain in the United Kingdom, outside the immigration rules as defined in section 33(1) of the Immigration Act 1971, on the basis of the Afghan Citizens Resettlement Scheme; or
- (ii)
indefinite leave to enter or remain in the United Kingdom, outside those rules, as the spouse, civil partner or dependent child of such a person, or dependent child of the spouse or civil partner; and
- (b)
who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;”.
in the definition of “person granted leave under the Afghan Relocations and Assistance Scheme”—
in the opening words and in paragraph (a)(ii) and (iii) after “Assistance” insert “Policy”;
in paragraph (a)(i) for “276BB1(iv)” substitute “276BB1(iii)(a)”;
in paragraph (a)(iv) for “276BJ1 or 276BO1” substitute “276BJ2 or 276BO2”;
in paragraph 5A and the heading to that paragraph, for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.
17Amendment of the Education (Student Support) (European University Institute) Regulations 2010I1
The Education (Student Support) (European University Institute) Regulations 2010f1 are amended as follows.
18Eligibility of relocated Afghan citizensI1
In regulation 9(11C)f1, in the opening words of sub-paragraph (a), and in sub-paragraph (b), for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes, as that expression is defined in paragraph 1(1) of Schedule 1”.
In Schedule 1—
in paragraph 1(1)—
after the definition of “Member State”, insert—
““person granted leave under one of the Afghan Schemes” means a person granted leave under the Afghan Citizens Resettlement Scheme or a person granted leave under the Afghan Relocations and Assistance Policy Scheme;
“person granted leave under the Afghan Citizens Resettlement Scheme” means a person—
- (a)
who has—
- (i)
indefinite leave to enter or remain in the United Kingdom, outside the immigration rules as defined in section 33(1) of the Immigration Act 1971, on the basis of the Afghan Citizens Resettlement Scheme; or
- (ii)
indefinite leave to enter or remain in the United Kingdom, outside those rules, as the spouse, civil partner or dependent child of such a person, or dependent child of the spouse or civil partner; and
- (b)
who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;”.
in the definition of “person granted leave under the Afghan Relocations and Assistance Scheme”—
in the opening words and in paragraph (a)(ii) and (iii) after “Assistance” insert “Policy”;
in paragraph (a)(i) for “276BB1(iv)” substitute “276BB1(iii)(a)”;
in paragraph (a)(iv) for “276BJ1 or 276BO1” substitute “276BJ2 or 276BO2”;
in paragraph 5A and the heading to that paragraph, for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.
19Amendment of the Further Education Loans Regulations 2012I1
The Further Education Loans Regulations 2012f1 are amended as follows.
20Eligibility of relocated Afghan citizens: further education loansI1
In regulation 2(1)f1—
after the definition of “person granted indefinite leave to remain as a victim of domestic violence or domestic abuse”f2, insert—
““person granted leave under one of the Afghan Schemes” means a person granted leave under the Afghan Citizens Resettlement Scheme or a person granted leave under the Afghan Relocations and Assistance Policy Scheme;
“person granted leave under the Afghan Citizens Resettlement Scheme” means a person—
- (a)
who has—
- (i)
indefinite leave to enter or remain in the United Kingdom, outside the immigration rules as defined in section 33(1) of the Immigration Act 1971, on the basis of the Afghan Citizens Resettlement Scheme; or
- (ii)
indefinite leave to enter or remain in the United Kingdom, outside those rules, as the spouse, civil partner or dependent child of such a person, or dependent child of the spouse or civil partner; and
- (b)
who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;”.
in the definition of “person granted leave under the Afghan Relocations and Assistance Scheme”—
in the opening words and in paragraph (a)(ii) and (iii) after “Assistance” insert “Policy”;
in paragraph (a)(i) for “276BB1(iv)” substitute “276BB1(iii)(a)”;
in paragraph (a)(iv) for “276BJ1 or 276BO1” substitute “276BJ2 or 276BO2”.
In regulation 3(8A)(a) and (b), for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.
In regulation 7(m) for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.
In paragraph 5A of Schedule 1 and in the heading to that paragraph, for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.
21Recovery of fee loansI1
In regulation 24, after paragraph (1) insert—
“(1A)A student must, if so required by the Secretary of State, repay any amount of a fee loan paid in respect of the student which for whatever reason exceeds the amount of a fee loan to which the student is entitled.
(1B)An institution must, if so required by the Secretary of State, repay any amount of a fee loan paid to the institution in respect of a student which for whatever reason exceeds the amount of a fee loan to which the student is entitled.”.
22Amendment of the Education (Postgraduate Master’s Degree Loans) Regulations 2016I1
The Education (Postgraduate Master’s Degree Loans) Regulations 2016f1 are amended as follows.
23Eligibility of relocated Afghan citizens: Master’s degreesI1
In regulation 2(1)f1—
after the definition of “person granted indefinite leave to remain as a victim of domestic violence or domestic abuse”f2, insert—
““person granted leave under one of the Afghan Schemes” means a person granted leave under the Afghan Citizens Resettlement Scheme or a person granted leave under the Afghan Relocations and Assistance Policy Scheme;
“person granted leave under the Afghan Citizens Resettlement Scheme” means a person—
- (a)
who has—
- (i)
indefinite leave to enter or remain in the United Kingdom, outside the immigration rules as defined in section 33(1) of the Immigration Act 1971, on the basis of the Afghan Citizens Resettlement Scheme; or
- (ii)
indefinite leave to enter or remain in the United Kingdom, outside those rules, as the spouse, civil partner or dependent child of such a person, or dependent child of the spouse or civil partner; and
- (b)
who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;”.
in the definition of “person granted leave under the Afghan Relocations and Assistance Scheme”—
in the opening words and in paragraph (a)(ii) and (iii) after “Assistance” insert “Policy”;
in paragraph (a)(i) for “276BB1(iv)” substitute “276BB1(iii)(a)”;
in paragraph (a)(iv) for “276BJ1 or 276BO1” substitute “276BJ2 or 276BO2”.
In regulation 8(n) for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.
In paragraph 5A of Schedule 1 and in the heading to that paragraph, for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.
24Recovery of postgraduate master’s degree loansI1
In regulation 17, after paragraph (2), insert—
“(2A)An institution or third party must, if so required by the Secretary of State, repay any amount of a postgraduate master’s degree loan paid to the institution or third party in respect of a student which for whatever reason exceeds the amount of loan to which the student is entitled.”.
25Amendment of the Higher Education (Fee Limit Condition) (England) Regulations 2017I1
The Higher Education (Fee Limit Condition) (England) Regulations 2017f1 are amended as follows.
26Relocated Afghan citizens: fee limit conditionI1
In regulation 2f1—
after paragraph (bba), insert—
“(bbaa)“person granted leave under one of the Afghan Schemes” means a person granted leave under the Afghan Citizens Resettlement Scheme or a person granted leave under the Afghan Relocations and Assistance Policy Scheme;
(bbab)“person granted leave under the Afghan Citizens Resettlement Scheme” means a person—
(i)who has—
(aa)indefinite leave to enter or remain in the United Kingdom, outside the immigration rules as defined in section 33(1) of the Immigration Act 1971, on the basis of the Afghan Citizens Resettlement Scheme; or
(bb)indefinite leave to enter or remain in the United Kingdom, outside those rules. as the spouse, civil partner or dependent child of such a person, or dependent child of the spouse or civil partner; and
(ii)who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;”.
in the definition of “person granted leave under the Afghan Relocations and Assistance Scheme”—
in the opening words and in paragraph (a)(ii) and (iii) after “Assistance” insert “Policy”;
in paragraph (a)(i) for “276BB1(iv)” substitute “276BB1(iii)(a)”;
in paragraph (a)(iv) for “276BJ1 or 276BO1” substitute “276BJ2 or 276BO2”.
In regulation 6(2)(m) for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.
In paragraph 5F of the Schedule and in the heading to that paragraph, for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.
27Amendment of the Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No 2) etc.) Regulations 2018I1
The Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No 2) etc.) Regulations 2018f1 are amended as follows.
28Relocated Afghan citizens: Doctoral degreesI1
In regulation 2(1)f1—
after the definition of “person granted indefinite leave to remain as a victim of domestic violence or domestic abuse”f2, insert—
““person granted leave under one of the Afghan Schemes” means a person granted leave under the Afghan Citizens Resettlement Scheme or a person granted leave under the Afghan Relocations and Assistance Policy Scheme;
“person granted leave under the Afghan Citizens Resettlement Scheme” means a person—
- (a)
who has—
- (i)
indefinite leave to enter or remain in the United Kingdom, outside the immigration rules as defined in section 33(1) of the Immigration Act 1971, on the basis of the Afghan Citizens Resettlement Scheme; or
- (ii)
indefinite leave to enter or remain in the United Kingdom outside those rules, as the spouse, civil partner or dependent child of such a person, or dependent child of the spouse or civil partner; and
- (b)
who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;”.
in the definition of “person granted leave under the Afghan Relocations and Assistance Scheme”—
in the opening words and in paragraph (a)(ii) and (iii) after “Assistance” insert “Policy”;
in paragraph (a)(i) for “276BB1(iv)” substitute “276BB1(iii)(a)”;
in paragraph (a)(iv) for “276BJ1 or 276BO1” substitute “276BJ2 or 276BO2”.
In regulation 8(n) for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.
In paragraph 6A of Schedule 1 and in the heading to that paragraph, for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.
29Recovery of postgraduate doctoral degree loansI1
In regulation 17, after paragraph (2), insert—
“(2A)An institution or third party must, if so required by the Secretary of State, repay any amount of a postgraduate doctoral degree loan paid to the institution or third party in respect of a student which for whatever reason exceeds the amount of loan to which the student is entitled.”.
Signature
Michelle Donelan
Minister of State
Department for Education
Explanatory note
(This note is not part of the Regulations)
These Regulations, which apply in England only, amend seven instruments relating to financial support for students.
Part 2 of these Regulations amends the Education (Student Support) Regulations 2011 (S.I. 2011/1986) (‘the Student Support Regulations’).
Part 3 of these Regulations amends 6 related sets of Regulations (“the related Regulations”):
the Education (Fees and Awards) (England) Regulations 2007 (S.I. 2007/779),
the Education (Student Support) (European University Institute) Regulations 2010 (S.I. 2010/447),
the Further Education Loans Regulations 2012 (S.I. 2012/1818),
the Education (Postgraduate Master’s Degree Loans) Regulations 2016 (S.I. 2016/606),
the Higher Education (Fee Limit Condition) (England) Regulations 2017 (S.I. 2017/1189) and
the Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 2018 (S.I. 2018/599).
Regulations 3 to 12 amend the Student Support Regulations for courses which begin on or after 1st August 2022 so that arrivals from Afghanistan under the Afghan Citizens Resettlement Scheme become entitled to support. They also make minor changes to the definition of Afghan Relocations and Assistance Scheme.
Regulations 13 and 14 clarify the existing right to recovery of overpaid fee loans from academic authorities under the Student Support Regulations.
Part 3 makes corresponding changes to the related Regulations.
An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.