OpenLegislation

The Education (Student Support) (Amendment No.2) Regulations (Northern Ireland) 2026

S.R. 2026/136 · Made 2 July 2026 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 24 July 2026.

Education

Made 2nd July 2026

Coming into operation on 24th July 2026

The Department for the Economyf1 in exercise of the powers conferred by Articles 3 and 8(4) of the Education (Student Support) (Northern Ireland) Order 1998f2 and Articles 4(8) and 14(4) of the Higher Education (Northern Ireland) Order 2005f3 makes the following Regulations.

Annotations to the whole text

Footnotes

f1

Formerly the Department for Employment and Learning; see Article 6(1)(c) of the Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016 No. 76).

f2

S.I. 1998/1760 (N.I. 14). Article 3 was amended by the Learning and Skills Act 2000 (c.21), section 147(3)(a) and (b), the Student Loans (Amendment) Act (Northern Ireland) 2011, (c.2 (N.I.)), s.1(1), the Income Tax (Earnings and Pensions) Act 2003 (c.1), Schedule 6, the Finance Act 2003, (c.14), s.147(4), the Higher Education (Northern Ireland) Order 2005, (S.I. 2005/1116 (N.I. 5)), Articles 11 and 12 and the Schedule, and by the Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2013, (S.I. 2013/1881), Schedule 1

f3

S.I. 2005/1116 see Article 2(2) for definitions of “the Department”, “prescribed” and “regulations”.

Contents

  1. 1Citation, commencement and application
  2. 2Interpretation
  3. 3Amendments to the 2007 Regulations
  4. 4Amendment of regulation 5 to allow overstayers satisfying the immigration rules to retain eligible student status
  5. 5Amendment of the Schedule (qualifying persons) to update references to the Ukraine Schemes
  6. 6Amendment to the 2009 Regulations
  7. 7Amendment to regulation 2(1) (interpretation) to update references of the Ukraine Schemes
  8. 8Amendment of regulation 5 (eligible students) to allow overstayers satisfying the immigration rules to retain eligible student status
  9. 9Amendment of regulation 66 (current system students with full entitlement)
  10. 10Amendment of regulation 105 (eligible distance learning students) to allow overstayers satisfying the immigration rules to retain eligible student status
  11. 11Amendment of regulation 122 (eligible part-time students) to allow overstayers satisfying the immigration rules to retain eligible student status
  12. 12Amendment of regulation 139 (eligible postgraduate students) to allow overstayers satisfying the immigration rules to retain eligible student status
  13. 13Amendment of regulation 149 (eligible Master’s, etc. students) to allow overstayers satisfying the immigration rules to retain eligible student status
  14. Signature
  15. Explanatory note

1Citation, commencement and applicationI1

(1)

These Regulations may be cited as the Education (Student Support) (Amendment No.2) Regulations (Northern Ireland) 2026 and come into operation on 24th July 2026.

(2)

Regulation 9 (current system students with full entitlement) applies only in relation to the provision of support, and to fees and awards applicable, in relation to an academic year which begins on or after 1st August 2026, whether or not anything done under these Regulations is done before, on or after that date.

(3)

In paragraph (2) an “academic year” is the period of twelve months beginning with 1st January, 1st April, 1st July or 1st September of the calendar year in which the academic year of the course in question begins, according to whether the academic year of the course in question begins—

(a)

on or after 1st January and before 1st April;

(b)

on or after 1st April and before 1st July;

(c)

on or after 1st July and before 1st August; or

(d)

on or after 1st August and on or before 31st December.

2InterpretationI1

In these Regulations —

(a)

“the 2007 Regulations” means The Student Fees (Qualifying Courses and Persons) Regulations (Northern Ireland) 2007f1;

(b)

“the 2009 Regulations” means the Education (Student Support) (No.2) Regulations (Northern Ireland) 2009f2.

3Amendments to the 2007 RegulationsI1

Regulations 4 and 5 amend the 2007 Regulations.

4Amendment of regulation 5 to allow overstayers satisfying the immigration rules to retain eligible student statusI1

In regulation 5(1D)(b) (prescribed description of a qualifying person), substitute—

“(b)

either—

(i)

further leave to remain has been granted, or paragraph SUI 13.1 of the immigration rules applies in respect of an application for such leave, or

(ii)

the person whose leave to remain has expired has become a British or Irish citizen,”.

5Amendment of the Schedule (qualifying persons) to update references to the Ukraine SchemesI1

In paragraph 1(1) of the Schedule (qualifying persons)—

(a)

in the definition of “person granted leave under the Ukraine Extension Scheme”, in paragraph (a), after “immigration rules”, insert “, as it had effect on the day such leave was granted”;

(b)

in the definition of “person granted leave under the Ukraine Family Scheme”, in paragraph (a)(i), after “immigration rules”, insert “, as it had effect on the day such leave was granted”;

(c)

in the definition of “person granted leave under the Ukraine Permission Extension Scheme”, in paragraph (a), for “the Ukraine Permission Extension Scheme” substitute “paragraph UKR 36.1 of Appendix Ukraine Scheme of the immigration rules”.

6Amendment to the 2009 RegulationsI1

Regulations 7 to 13 amend the 2009 Regulations.

7Amendment to regulation 2(1) (interpretation) to update references of the Ukraine SchemesI1

In regulation 2(1) (interpretation)—

(a)

in the definition of “person granted leave under the Ukraine Extension Scheme”, in paragraph (a), after “immigration rules”, insert “, as it had effect on the day such leave was granted”;

(b)

in the definition of “person granted leave under the Ukraine Family Scheme”, in paragraph (a)(i), after “immigration rules”, insert “, as it had effect on the day such leave was granted”;

(c)

in the definition of “person granted leave under the Ukraine Permission Extension Scheme”, in paragraph (a), for “the Ukraine Permission Extension Scheme” substitute “paragraph UKR 36.1 of Appendix Ukraine Scheme of the immigration rules”.

8Amendment of regulation 5 (eligible students) to allow overstayers satisfying the immigration rules to retain eligible student statusI1

In regulation 5 (eligible students)—

(a)

in paragraphs 11(b)(i), 11C(b)(i), 11G(b)(i) and 12(b)(i), at the end, insert “and paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave”;

(b)

for paragraph (11A)(b) substitute—

“(b)

as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted section 67 leave is allowed to stay in the United Kingdom has expired and—

(i)

no further leave to remain has been granted and paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave, and

(ii)

that person has not become a British or Irish citizen,”;

(c)

for paragraph (11B)(b) substitute—

“(b)

as at the day before the academic year in respect of which A is applying for support begins, the period for which A is allowed to stay in the United Kingdom has expired and—

(i)

no further leave to remain has been granted and paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave, and

(ii)

A has not become a British or Irish citizen,”;

(d)

for paragraph (11D)(b) substitute—

“(b)

as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted stateless leave is allowed to stay in the United Kingdom has expired and—

(i)

no further leave to remain has been granted and paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave, and

(ii)

that person has not become a British or Irish citizen,”;

(e)

for paragraph (11E)(b) substitute—

“(b)

as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted leave under one of the Afghan Schemes is allowed to stay in the United Kingdom has expired and—

(i)

no further leave has been granted and paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave, and

(ii)

that person has not become a British or Irish citizen,”;

(f)

for paragraph (11F)(b) substitute—

“(b)

as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted leave under one of the Ukraine Schemes is allowed to stay in the United Kingdom has expired and—

(i)

no further leave to enter or remain has been granted and paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave, and

(ii)

that person has not become a British or Irish citizen,”.

9Amendment of regulation 66 (current system students with full entitlement)I1

In regulation 66(4) (current system students with full entitlement), substitute—

“(4)

“the maintenance grant amount” is, unless otherwise stated—

(i)

where the student qualifies under Chapter 6 of Part 5 for an amount of maintenance grant not exceeding £1,354, the amount of maintenance grant payable;

(ii)

where the student qualifies under regulation 58(2) for an amount of maintenance grant exceeding £1,354 but less than £1,785, £1,700 less £1 in every complete £9.60 by which the household income exceeds £19,203;

(iii)

where the student qualifies under regulation 58(2) for an amount of maintenance grant of £1,785, £1,700;

(iv)

where the student qualifies under regulation 58(3) for an amount of maintenance grant exceeding £1,354 but less than £3,569, £2,685 less £1 in every complete £7.38 by which the household income exceeds £19,203;

(v)

where the student qualifies under regulation 58(4) for an amount of maintenance grant exceeding £1,354 but less than £1,785, £1,575 less £1 in every complete £10.94 by which the household income exceeds £19,203;

(vi)

where the student qualifies under regulation 58(4) for an amount of maintenance grant of £1,785, £1,575;

(vii)

where the student qualifies under regulation 58(5) for an amount of maintenance grant exceeding £1,354 but less than £3,569, £1,901 less £1 in every complete £17.95 by which the household income exceeds £19,203;

(viii)

where the student qualifies under Chapter 6 of Part 5 for an amount of maintenance grant of £3,569, £1,901; and

(ix)

where no maintenance grant is payable, nil.”.

10Amendment of regulation 105 (eligible distance learning students) to allow overstayers satisfying the immigration rules to retain eligible student statusI1

In regulation 105 (eligible distance learning students)—

(a)

in paragraphs 11(b)(i), 11C(b)(i), 11G(b)(i) and 12(b)(i), at the end, insert “and paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave”;

(b)

for paragraph (11A)(b) substitute—

“(b)

as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted section 67 leave is allowed to stay in the United Kingdom has expired and—

(i)

no further leave to remain has been granted and paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave, and

(ii)

that person has not become a British or Irish citizen,”;

(c)

for paragraph (11B)(b) substitute—

“(b)

as at the day before the academic year in respect of which A is applying for support begins, the period for which A is allowed to stay in the United Kingdom has expired and—

(i)

no further leave to remain has been granted and paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave, and

(ii)

A has not become a British or Irish citizen,”;

(d)

for paragraph (11D)(b) substitute—

“(b)

as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted stateless leave is allowed to stay in the United Kingdom has expired and—

(i)

no further leave to remain has been granted and paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave, and

(ii)

that person has not become a British or Irish citizen,”;

(e)

for paragraph (11E)(b) substitute—

“(b)

as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted leave under one of the Afghan Schemes is allowed to stay in the United Kingdom has expired and—

(i)

no further leave has been granted and paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave, and

(ii)

that person has not become a British or Irish citizen,”;

(f)

for paragraph (11F)(b) substitute—

“(b)

as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted leave under one of the Ukraine Schemes is allowed to stay in the United Kingdom has expired and—

(i)

no further leave to enter or remain has been granted and paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave, and

(ii)

that person has not become a British or Irish citizen,”.

11Amendment of regulation 122 (eligible part-time students) to allow overstayers satisfying the immigration rules to retain eligible student statusI1

In regulation 122 (eligible part-time students)—

(a)

in paragraphs 10(b)(i), 10C(b)(i), 10G(b)(i) and 11(b)(i), at the end, insert “and paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave”;

(b)

for paragraph (10A)(b) substitute—

“(b)

as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted section 67 leave is allowed to stay in the United Kingdom has expired and—

(i)

no further leave to remain has been granted and paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave, and

(ii)

that person has not become a British or Irish citizen,”;

(c)

for paragraph (10B)(b) substitute—

“(b)

as at the day before the academic year in respect of which A is applying for support begins, the period for which A is allowed to stay in the United Kingdom has expired and—

(i)

no further leave to remain has been granted and paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave, and

(ii)

A has not become a British or Irish citizen,”;

(d)

for paragraph (10D)(b) substitute—

“(b)

as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted stateless leave is allowed to stay in the United Kingdom has expired and—

(i)

no further leave to remain has been granted and paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave, and

(ii)

that person has not become a British or Irish citizen,”;

(e)

for paragraph (10E)(b) substitute—

“(b)

as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted leave under one of the Afghan Schemes is allowed to stay in the United Kingdom has expired and—

(i)

no further leave has been granted and paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave, and

(ii)

that person has not become a British or Irish citizen,”;

(f)

for paragraph (10F)(b) substitute—

“(b)

as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted leave under one of the Ukraine Schemes is allowed to stay in the United Kingdom has expired and—

(i)

no further leave to enter or remain has been granted and paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave, and

(ii)

that person has not become a British or Irish citizen,”.

12Amendment of regulation 139 (eligible postgraduate students) to allow overstayers satisfying the immigration rules to retain eligible student statusI1

In regulation 139 (eligible postgraduate students)—

(a)

in paragraphs 12(b)(i), 12C(b)(i), 12G(b)(i) and 13(b)(i), at the end, insert “and paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave”;

(b)

for paragraph (12A)(b) substitute—

“(b)

as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted section 67 leave is allowed to stay in the United Kingdom has expired and—

(i)

no further leave to remain has been granted and paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave, and

(ii)

that person has not become a British or Irish citizen,”;

(c)

for paragraph (12B)(b) substitute—

“(b)

as at the day before the academic year in respect of which A is applying for support begins, the period for which A is allowed to stay in the United Kingdom has expired and—

(i)

no further leave to remain has been granted and paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave, and

(ii)

A has not become a British or Irish citizen,”;

(d)

for paragraph (12D)(b) substitute—

“(b)

as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted stateless leave is allowed to stay in the United Kingdom has expired and—

(i)

no further leave to remain has been granted and paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave, and

(ii)

that person has not become a British or Irish citizen,”;

(e)

for paragraph (12E)(b) substitute—

“(b)

as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted leave under one of the Afghan Schemes is allowed to stay in the United Kingdom has expired and—

(i)

no further leave has been granted and paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave, and

(ii)

that person has not become a British or Irish citizen,”;

(f)

for paragraph (12F)(b) substitute—

“(b)

as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted leave under one of the Ukraine Schemes is allowed to stay in the United Kingdom has expired and—

(i)

no further leave to enter or remain has been granted and paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave, and

(ii)

that person has not become a British or Irish citizen,”.

13Amendment of regulation 149 (eligible Master’s, etc. students) to allow overstayers satisfying the immigration rules to retain eligible student statusI1

In regulation 149 (eligible Master’s, etc. students)—

(a)

in paragraphs 11(b)(i), 11C(b)(i), 11G(b)(i) and 12(b)(i), at the end, insert “and paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave”;

(b)

for paragraph (11A)(b) substitute—

“(b)

as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted section 67 leave is allowed to stay in the United Kingdom has expired and—

(i)

no further leave to remain has been granted and paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave, and

(ii)

that person has not become a British or Irish citizen,”;

(c)

for paragraph (11B)(b) substitute—

“(b)

as at the day before the academic year in respect of which A is applying for support begins, the period for which A is allowed to stay in the United Kingdom has expired and—

(i)

no further leave to remain has been granted and paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave, and

(ii)

A has not become a British or Irish citizen,”;

(d)

for paragraph (11D)(b) substitute—

“(b)

as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted stateless leave is allowed to stay in the United Kingdom has expired and—

(i)

no further leave to remain has been granted and paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave, and

(ii)

that person has not become a British or Irish citizen,”;

(e)

for paragraph (11E)(b) substitute—

“(b)

as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted leave under one of the Afghan Schemes is allowed to stay in the United Kingdom has expired and—

(i)

no further leave has been granted and paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave, and

(ii)

that person has not become a British or Irish citizen,”;

(f)

for paragraph (11F)(b) substitute—

“(b)

as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted leave under one of the Ukraine Schemes is allowed to stay in the United Kingdom has expired and—

(i)

no further leave to enter or remain has been granted and paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave, and

(ii)

that person has not become a British or Irish citizen,”.

Signature

Sealed with the Official Seal of the Department for the Economy on 2nd July 2026.

L.S.

Mr Graham Miller

A senior officer of the Department for the Economy

Explanatory note

(This note is not part of the Regulations)

These Regulations amend legislation which makes provision about, or in connection with, student finance. Those Regulations being amended are the Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 “the 2009 Regulations” and The Student Fees (Qualifying Courses and Persons) Regulations (Northern Ireland) 2007 “the 2007 Regulations”.

These Regulations come into force on 24th July 2026, unless otherwise specified.

Regulation 4 amends the 2007 Regulations allow overstayers satisfying paragraph SUI 13.1 of the immigration rules to retain eligible student status.

Regulation 5 amends the 2007 Regulations to update references to the Ukraine Schemes following amendments made to the immigration rules.

Regulation 7 amends the 2009 Regulations to update references to the Ukraine Schemes following amendments made to the immigration rules.

Regulations 8 and 10 to 13 amend the 2009 Regulations to allow overstayers satisfying paragraph SUI 13.1 of the immigration rules to retain eligible student status.

Regulation 9 amends the 2009 Regulations to update payment rate calculations for student support for an academic year which begins on or after 1st August 2026.