Regulation 24 Amendments relating to ordinary residence requirements

(1)

Part 2 of Schedule 1 to the Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 2018^f1 is amended as follows.

(2)

In paragraph 5 (persons granted stateless leave and their family members)—

(a)

for sub-paragraph (1) substitute—

“(1)
A person granted stateless leave who is ordinarily resident in England on the first day of the first academic year of the course.”;

(b)

in sub-paragraph (2), for paragraphs (b) and (c) substitute—

“(b)
who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and

(c)
who is ordinarily resident in England on the first day of the first academic year of the course.”;

(c)

in sub-paragraph (3), for paragraphs (c) and (d) substitute—

“(c)
who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and

(d)
who is ordinarily resident in England on the first day of the first academic year of the course.”.

(3)

For paragraph 5A substitute—

“Persons granted section 67 leave

5A.

A person granted section 67 leave, who is ordinarily resident in England on the first day of the first academic year of the course.”.

(4)

For paragraph 5C substitute—

“Persons granted Calais leave

5C.

A person granted Calais leave who is ordinarily resident in England on the first day of the first academic year of the course.”.

(5)

In paragraph 6—

(a)

for sub-paragraph (1) substitute—

“(1)
A person granted humanitarian protection, who is ordinarily resident in England on the first day of the first academic year of the course.”;

(b)

in sub-paragraph (2), for paragraphs (c) and (d) substitute—

“(c)
is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and

(d)
is ordinarily resident in England on the first day of the first academic year of the course.”;

(c)

in sub-paragraph (3), for paragraphs (d) and (e) substitute—

“(d)
is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and

(e)
is ordinarily resident in England on the first day of the first academic year of the course.”.

Annotations

Footnotes

f1: Paragraph 5A of Schedule 1 was inserted by S.I. 2019/142 and paragraph 5C was inserted by S.I. 2020/48.