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The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023

S.I. 2023/74 · Made 24 January 2023 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 1 June 2023.

This Statutory Instrument, in part, corrects errors in the Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), the Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), the Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 (S.I. 2021/127), the Education (Student Fees, Awards, and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), the Higher Education Short Course Loans Regulations (S.I. 2022/349) and the Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/534) and is being issued free of charge to all known recipients of those Statutory Instruments.

Education, England

Made 24th January 2023

Laid before Parliament 26th January 2023

Coming into force 16th February 2023

The Secretary of State makes the following Regulations in exercise of the powers in 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 57 of Schedule 37 to the Education Act 1996 (c. 56), paragraph 9 of Schedule 11 to the Learning and Skills Act 2000 (c. 21) (“the 2000 Act”), paragraph 5 of Schedule 21 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) (“the 2011 Act”), paragraph 33 of Schedule 14 to the Deregulation Act 2015 (c. 20) and S.I. 2005/3238 (W. 243), 2010/1158 and 2010/1080. Section 2 was amended by Schedule 4 to the Teaching and Higher Education Act 1998 (c. 30). The functions of the Secretary of State under section 1, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by S.I. 2006/1458 with effect from 8th June 2006. The Secretary of State’s functions under the other provisions of the Act were, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by S.I. 1999/672 with effect from 1st July 1999.

f2

1998 c. 30. Section 22 was amended by section 146(2)(a) of, and Schedule 11 to, the 2000 Act, paragraph 236 of Schedule 6 to the Income Tax (Earnings and Pensions) Act 2003 (c. 1), section 147 of the Finance Act 2003 (c. 14), sections 42 and 43 of, and Schedule 7 to, the Higher Education Act 2004 (c. 8) (“the 2004 Act”), section 257 of the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), section 76 of the 2011 Act and section 88 of the Higher Education and Research Act 2017 (c. 29) and by S.I. 2013/1881. There are amendments to section 42 but none is relevant to these Regulations. See section 43(1) for the definitions of “prescribed” and “regulations”. The functions of the Secretary of State under section 22 of the Teaching and Higher Education Act 1998 in relation to Wales were transferred to the National Assembly for Wales (except so far as they authorised the making of any provision authorised by subsection (2)(a), (c), (j), (k), (3)(e) or (f) or (5) of that section) by section 44(1) of the 2004 Act.

f3

2017 c. 29. See the definition of “prescribed” in section 10(9).

Contents

  1. Part 1: Introductory
  2. 1Citation and commencement
  3. 2Extent and application
  4. 3Interpretation: general
  5. Part 2: Amendment of the Education (Student Support) Regulations 2011
  6. Chapter 1: Introductory
  7. 4Amendment of the Education (Student Support) Regulations 2011
  8. Chapter 2: Definitions
  9. 5Insertion of definition of “the course start date”
  10. 6Insertion of definition of “the course start date”
  11. 7Insertion of definition of “immigration rules”
  12. 8Insertion of definition of “immigration rules”
  13. 9Amendments to the definitions of “overseas territories” and “specified British overseas territories”
  14. 10Amendments to the definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme”
  15. Chapter 3: Eligible students, eligible part-time students and eligible postgraduate students
  16. 11Amendments relating to the ordinary residence requirements for students in existing protected categories
  17. 12Amendments relating to students becoming eligible for student support in the course of an academic year
  18. 13Amendments relating to students becoming eligible for student support in the course of an academic year
  19. 14Amendments relating to students becoming eligible for student support in the course of an academic year
  20. 15Amendments relating to students becoming eligible for student support in the course of an academic year
  21. 16Amendments relating to students becoming eligible for student support in the course of an academic year
  22. 17Amendments relating to students becoming eligible for student support in the course of an academic year
  23. 18Amendments relating to students becoming eligible for student support in the course of an academic year
  24. 19Amendments relating to students becoming eligible for student support in the course of an academic year
  25. 20Amendments relating to students becoming eligible for student support in the course of an academic year
  26. 21Amendments relating to students becoming eligible for student support in the course of an academic year
  27. 22Amendments relating to students becoming eligible for student support in the course of an academic year
  28. 23Amendments relating to students becoming eligible for student support in the course of an academic year
  29. 24Amendments relating to students becoming eligible for student support in the course of an academic year
  30. 25Amendments relating to students becoming eligible for student support in the course of an academic year
  31. 26Amendments relating to students becoming eligible for student support in the course of an academic year
  32. 27Amendments relating to students becoming eligible for student support in the course of an academic year
  33. 28Amendments relating to students becoming eligible for student support in the course of an academic year
  34. 29Amendments relating to students becoming eligible for student support in the course of an academic year
  35. 30Amendments relating to students becoming eligible for student support in the course of an academic year
  36. 31Amendments relating to students becoming eligible for student support in the course of an academic year
  37. 32Amendments relating to students becoming eligible for student support in the course of an academic year
  38. 33Amendments relating to family members of persons granted leave under one of the Afghan Schemes or one of the Ukraine Schemes
  39. 34Amendments relating to family members of persons granted leave under one of the Afghan Schemes or one of the Ukraine Schemes
  40. 35Amendments relating to family members of persons granted leave under one of the Afghan Schemes or one of the Ukraine Schemes
  41. 36Amendments relating to family members of persons granted leave under one of the Afghan Schemes or one of the Ukraine Schemes
  42. 37Amendments relating to family members of persons granted leave under one of the Afghan Schemes or one of the Ukraine Schemes
  43. Chapter 4: Designated courses and designated part-time courses
  44. 38Designation of courses for higher technical qualifications
  45. 39Designation of courses for higher technical qualifications
  46. 40Designation of courses for higher technical qualifications
  47. 41Designation of courses for higher technical qualifications
  48. 42Amendments relating to courses for initial further education teacher training
  49. 43Amendments relating to courses for initial further education teacher training
  50. 44Amendments relating to courses for initial further education teacher training
  51. 45Amendments relating to courses for initial further education teacher training
  52. 46Amendments relating to courses for initial further education teacher training
  53. 47Amendments relating to courses for initial further education teacher training
  54. Chapter 5: Other minor amendments
  55. 48Omission of references to “qualifying courses” and “qualifying students”
  56. 49Omission of references to “qualifying courses” and “qualifying students”
  57. 50Omission of references to “qualifying courses” and “qualifying students”
  58. 51Omission of references to “qualifying courses” and “qualifying students”
  59. 52Omission of references to “qualifying courses” and “qualifying students”
  60. Chapter 6: New payment rates
  61. 53Amendments relating to new payment rates for student support
  62. Part 3: Corresponding amendments to other subordinate legislation
  63. Chapter 1: The Education (Fees and Awards) (England) Regulations 2007
  64. Introductory
  65. 54Amendment of the Education (Fees and Awards) (England) Regulations 2007
  66. Definitions
  67. 55Insertion of definition of “the course start date”
  68. 56Insertion of definition of “the course start date”
  69. 57Insertion of definition of “immigration rules”
  70. 58Amendments to the definitions of “overseas territories” and “specified British overseas territories”
  71. 59Amendments to the definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme”
  72. Qualifying persons
  73. 60Amendments relating to the ordinary residence requirements for persons in existing protected categories
  74. 61Amendments relating to students who fall within in a paragraph of Schedule 1 after the start of a course
  75. 62Amendments relating to students who fall within in a paragraph of Schedule 1 after the start of a course
  76. 63Amendments relating to family members of persons granted leave under one of the Afghan Schemes or one of the Ukraine Schemes
  77. 64Amendments relating to family members of persons granted leave under one of the Afghan Schemes or one of the Ukraine Schemes
  78. Chapter 2: The Education (Student Support) (European University Institute) Regulations 2010
  79. Introductory
  80. 65Amendment of the Education (Student Support) (European University Institute) Regulations 2010
  81. Definitions
  82. 66Insertion of definition of “immigration rules”
  83. 67Insertion of definition of “immigration rules”
  84. 68Amendments to the definitions of “overseas territories” and “specified British overseas territories”
  85. 69Amendments to the definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme”
  86. Eligible students
  87. 70Amendments relating to family members of persons granted leave under one of the Afghan Schemes or one of the Ukraine Schemes
  88. 71Amendments relating to family members of persons granted leave under one of the Afghan Schemes or one of the Ukraine Schemes
  89. Chapter 3: The Further Education Loans Regulations 2012
  90. Introductory
  91. 72Amendment of the Further Education Loans Regulations 2012
  92. Definitions
  93. 73Insertion of definition of “immigration rules”
  94. 74Amendments to the definitions of “overseas territories” and “specified British overseas territories”
  95. 75Amendments to the definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme”
  96. Eligible students
  97. 76Amendments relating to students becoming eligible for loans after their course has started
  98. 77Amendments relating to students becoming eligible for loans after their course has started
  99. 78Amendments relating to students becoming eligible for loans after their course has started
  100. 79Amendments relating to family members of persons granted leave under one of the Afghan Schemes or one of the Ukraine Schemes
  101. 80Amendments relating to family members of persons granted leave under one of the Afghan Schemes or one of the Ukraine Schemes
  102. 81Amendments relating to family members of persons granted leave under one of the Afghan Schemes or one of the Ukraine Schemes
  103. 82Amendments relating to family members of persons granted leave under one of the Afghan Schemes or one of the Ukraine Schemes
  104. Chapter 4: The Education (Postgraduate Master’s Degree Loans) Regulations 2016
  105. Introductory
  106. 83Amendment of the Education (Postgraduate Master’s Degree Loans) Regulations 2016
  107. Definitions
  108. 84Insertion of definition of “the course start date”
  109. 85Insertion of definition of “the course start date”
  110. 86Insertion of definition of “immigration rules”
  111. 87Insertion of definition of “immigration rules”
  112. 88Amendments to the definitions of “overseas territories” and “specified British overseas territories”
  113. 89Amendments to the definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme”
  114. Eligible students
  115. 90Amendments relating to the ordinary residence requirements relating to students in existing protected categories
  116. 91Amendments relating to students who become eligible for a loan during their course
  117. 92Amendments relating to students who become eligible for a loan during their course
  118. 93Amendments relating to family members of persons granted leave under one of the Afghan Schemes or one of the Ukraine Schemes
  119. 94Amendments relating to family members of persons granted leave under one of the Afghan Schemes or one of the Ukraine Schemes
  120. 95Amendments relating to family members of persons granted leave under one of the Afghan Schemes or one of the Ukraine Schemes
  121. Payment rates
  122. 96Amendments relating to payment rates
  123. Chapter 5: The Higher Education (Fee Limit Condition) (England) Regulations 2017
  124. Introductory
  125. 97Amendment of the Higher Education (Fee Limit Condition) (England) Regulations 2017
  126. Definitions
  127. 98Insertion of definition of “the course start date”
  128. 99Insertion of definition of “the course start date”
  129. 100Insertion of definition of “immigration rules”
  130. 101Insertion of definition of “immigration rules”
  131. 102Amendments to the definitions of “overseas territories” and “specified British overseas territories”
  132. 103Amendments to definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme”
  133. Qualifying persons
  134. 104Amendments relating to the ordinary residence requirements for existing protected categories
  135. 105Amendments relating to events occurring after the start of an academic year
  136. 106Amendments relating to family members of persons granted leave under one of the Afghan Schemes or one of the Ukraine Schemes
  137. 107Amendments relating to family members of persons granted leave under one of the Afghan Schemes or one of the Ukraine Schemes
  138. 108Amendments relating to family members of persons granted leave under one of the Afghan Schemes or one of the Ukraine Schemes
  139. Courses
  140. 109Exceptions: training courses for further education teachers
  141. Chapter 6: The Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 2018
  142. Introductory
  143. 110Amendment of the Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 2018
  144. Definitions
  145. 111Insertion of definition of “the course start date”
  146. 112Insertion of definition of “the course start date”
  147. 113Insertion of definition of “immigration rules”
  148. 114Amendments to the definitions of “overseas territories” and “specified British overseas territories”
  149. 115Amendments to the definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme”
  150. Eligible students
  151. 116Amendments relating to the ordinary residence requirements for existing protected categories
  152. 117Amendments relating to students becoming eligible in the course of an academic year
  153. 118Amendments relating to students becoming eligible in the course of an academic year
  154. 119Amendments relating to family members of persons granted leave under one of the Afghan Schemes or one of the Ukraine Schemes
  155. 120Amendments relating to family members of persons granted leave under one of the Afghan Schemes or one of the Ukraine Schemes
  156. 121Amendments relating to family members of persons granted leave under one of the Afghan Schemes or one of the Ukraine Schemes
  157. Payment rates
  158. 122Amendments relating to payment rates
  159. 123Amendments relating to payment rates
  160. Chapter 7: The Higher Education Short Course (Loans) Regulations 2022
  161. Introductory
  162. 124Amendment of the Higher Education Short Course (Loans) Regulations 2022
  163. Definitions
  164. 125Amendments to the definitions of “overseas territories” and “specified British overseas territories”
  165. 126Amendments to the definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme”
  166. Eligible students
  167. 127Amendments relating to students who become eligible after the start of an HE short course
  168. 128Amendments relating to students who become eligible after the start of an HE short course
  169. 129Amendment relating to the family members of persons granted leave under one of the Afghan Schemes or one of the Ukraine Schemes
  170. 130Amendment relating to the family members of persons granted leave under one of the Afghan Schemes or one of the Ukraine Schemes
  171. 131Amendment relating to the family members of persons granted leave under one of the Afghan Schemes or one of the Ukraine Schemes
  172. 132Amendment relating to the family members of persons granted leave under one of the Afghan Schemes or one of the Ukraine Schemes
  173. Part 4: Other amendments
  174. 133Amendment of regulation 9 of the Education (Student Support) (European University Institute) Regulations 2010
  175. 134Amendments relating to termination of status as eligible student: Education (Postgraduate Master’s Degree Loans) Regulations 2016
  176. 135Amendments relating to termination of status as eligible student: Education (Postgraduate Master’s Degree Loans) Regulations 2016
  177. 136Amendments relating to termination of status as eligible student: Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 2018
  178. 137Amendment of regulation 2 of the Higher Education Short Course Loans Regulations 2022
  179. Part 5: Savings
  180. 138Interpretation of Part 5
  181. 139Savings: Education (Student Support) Regulations 2011
  182. 140Savings: Education (Student Support) (European University Institute) Regulations 2010
  183. 141Savings: Higher Education Short Course Loans Regulations 2022
  184. Signature
  185. Schedule Amendments relating to new payment rates for student support under the Education (Student Support) Regulations 2011
  186. Explanatory note