Explanatory note

These Regulations amend the Education (Student Support) Regulations 2011 (S.I. 2011/1986) (the “2011 Regulations”).

Regulation 1(3) makes clear that the amendments made by these Regulations to the eligibility criteria for student support for living costs will apply to student support provided in respect of an academic year beginning on or after 1st August 2016.

Regulation 1(4) makes specific provision about applicants to whom these amendments will not apply. These are applicants who apply for support under the 2011 Regulations before the amendments made by these Regulations come into force or who apply after that date, having been determined before that date as being eligible for support. An example of the latter is a student who starts, and is in receipt of support for, a course beginning in an earlier academic year and then transfers to a different course in an academic year beginning on or after 1st August 2016 and applies for support in respect of that course.

Regulations 3, 4, and 5 amend the 2011 Regulations to make clear that an applicant who is an EU national (but not a UK national) will no longer qualify for support for living costs by demonstrating three years’ ordinary residence in the UK immediately preceding the start of the course for which they seek support.

Regulation 6 then introduces a new eligibility criterion for these categories by providing that an applicant who is an EU national (but not a UK national) will have to demonstrate five years’ residence in the UK immediately preceding the start of the course for which they seek support in order to be eligible.

An impact assessment has not been produced for this instrument as it has no impact on the costs of business, charities or the voluntary sector.

The Explanatory Memorandum is published alongside the Regulations on www.legislation.gov.uk.