The Education (Student Support, etc.) (Amendment No.2) Regulations (Northern Ireland) 2024
S.R. 2024/157 · Made 23 July 2024 · Extends to Northern Ireland
Education
Made 23rd July 2024
Coming into operation- 14th August 2024
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
- Part 1
- Chapter Introductory
- 1Citation, commencement and application
- 2Interpretation
- Part 2
- Chapter 1: Victims of domestic violence or domestic abuse
- A3Regulation A3
- 3Amendment to the 2009 Regulations
- 4Amendment to the 2009 Regulations
- A5Regulation A5
- 5Amendments to the 2007 Regulations
- 6Amendments to the 2007 Regulations
- Chapter 2: Afghan Relocations and Assistance Policy Scheme
- A7Regulation A7
- 7Amendments to the 2009 Regulations
- A8Regulation A8
- 8Amendments to the 2007 Regulations
- Chapter 3: Children of persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse or as a bereaved partner
- A9Regulation A9
- 9Amendments to the 2009 Regulations
- 10Amendments to the 2009 Regulations
- A11Regulation A11
- 11Amendments to the 2007 Regulations
- 12Amendments to the 2007 Regulations
- Chapter 4: Students settled in the United Kingdom
- A13Regulation A13
- 13Amendments to the 2009 Regulations
- 14Amendments to the 2009 Regulations
- A15Regulation A15
- 15Amendments to the 2007 Regulations
- Chapter 5: Termination of eligible student status
- A16Regulation A16
- 16Amendment to the 2009 Regulations
- 17Amendment to the 2009 Regulations
- 18Amendment to the 2009 Regulations
- 19Amendment to the 2009 Regulations
- 20Amendment to the 2009 Regulations
- Chapter 6: Eligibility for home fee status in certain circumstances where leave to remain expired
- A21Regulation A21
- 21Amendments to the 2007 Regulations
- Chapter 7: Amendments relating to the Ukraine Permission Extension Scheme
- A22Regulation A22
- 22Amendment to the 2009 Regulations
- A23Regulation A23
- 23Amendment to the 2007 Regulations
- Chapter 8: Amendments to the definition of person granted indefinite leave to remain as a bereaved partner
- A24Regulation A24
- 24Amendments to the 2009 Regulations
- A25Regulation A25
- 25Amendments to the 2007 Regulations
- Part 3
- Chapter: Other amendments
- A26Regulation A26
- 26Amendments to the Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2024
- 27Amendments to the Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2024
- 28Amendments to the Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2024
- 29Amendments to the Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2024
- 30Amendments to the Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2024
- A31Regulation A31
- 31Amendments to the 2009 Regulations
- 32Amendments to the 2009 Regulations
- A33Regulation A33
- 33Amendments to the 2007 Regulations
- Signature
- Explanatory note
1Citation, commencement and applicationI1
These Regulations may be cited as The Education (Student Support, etc.) (Amendment No.2) Regulations (Northern Ireland) 2024.
These Regulations come into operation on 14th August 2024.
The following provisions of these Regulations apply only in relation to the provision of support, and to fees and awards applicable, in relation to a new academic year, whether or not anything done under these Regulations is done before, on or after 1st August 2024—
regulations 3 to 6 (victims of domestic violence or domestic abuse);
regulations 9 to 12 (children of persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse or as a bereaved partner);
regulations 13 to 15 (students settled in the United Kingdom);
regulations 16 to 20 (termination of eligible student status);
regulation 21 (eligibility for home fee status in certain circumstances where leave to remain expired);
regulation 22 and 23 (amendments relating to the Ukraine Permission Extension Scheme).
In this regulation—
-
“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;
- (a)
-
“new academic year” means an academic year which begins on or after 1st August 2024.
2InterpretationI1
A3F1
The 2009 Regulations are amended in accordance with regulations 3 and 4.
3Amendment to the 2009 RegulationsI1
In regulation 2 (interpretation: general), in paragraph (1), in the definition of “person granted indefinite leave to remain as a victim of domestic violence or domestic abuse”f1—
for “leave to remain”, in both places, substitute “leave to enter or remain”;
for paragraphs (i) to (iii) of sub-paragraph (a), substitute—
“(i)paragraph VDA 9.1 of the Appendix Victim of Domestic Abusef2; or
(ii)where such leave was granted before the coming into force of the Appendix Victim of Domestic Abuse, paragraph 289B (victims of domestic violence), paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse) or paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces);”.
4Amendment to the 2009 RegulationsI1
A5F1
The 2007 Regulations are amended in accordance with regulations 5 and 6.
5Amendments to the 2007 RegulationsI1
In both regulation 5(10)f1 (prescribed description of a qualifying person), in paragraph (e) of the definition of “protected category event” and paragraph 4Ef2 of the Schedule (persons granted indefinite leave to remain as a victim of domestic violence or domestic abuse), in each place it occurs, including in the heading to paragraph 4E of the Schedule, for “leave to remain”, substitute “leave to enter or remain”.
6Amendments to the 2007 RegulationsI1
In the Schedule (qualifying persons), in paragraph 1(1), in the definition of “person granted indefinite leave to remain as a victim of domestic violence or domestic abuse”f1—
for “leave to remain”, in both places, substitute “leave to enter or remain”;
for sub-paragraphs (aa) to (cc), substitute—
“(aa)paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse; or
(bb)where such leave was granted before the coming into force of the Appendix Victim of Domestic Abuse, paragraph 289B (victims of domestic violence), paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse) or paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces);”.
A7F1
The 2009 Regulations are amended in accordance with regulation 7.
7Amendments to the 2009 RegulationsI1
In regulation 2 (interpretation: general), in paragraph (1), in the definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme”f1, for sub-paragraph (a)(ia), substitute—
“(ia)indefinite leave to enter or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rulesf2;”.
A8F1
The 2007 Regulations are amended in accordance with regulation 8.
8Amendments to the 2007 RegulationsI1
In the Schedule (qualifying persons), in paragraph 1(1), in the definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme”f1, for sub-paragraph (a)(ia), substitute—
“(ia)indefinite leave to enter or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules;”.
A9F1
The 2009 Regulations are amended in accordance with regulations 9 and 10.
9Amendments to the 2009 RegulationsI1
In regulation 2A (meaning of terms including protected category event)f1, in paragraph (3), in sub-paragraphs (f) and (h), after “the student” insert “or the student’s parent”.
10Amendments to the 2009 RegulationsI1
In Part 2 of Schedule 2 (eligible students)—
in the heading to paragraph 4D (persons granted indefinite leave to remain as a bereaved partner)f1, at the end, insert “and their children”;
paragraph 4D becomes sub-paragraph (1) of that paragraph;
after that sub-paragraph (1) insert—
“(2)A person—
(a)granted indefinite leave to remain;
(b)who—
(i)is the child of a person granted indefinite leave to remain as a bereaved partner; and
(ii)on the leave application date, was the child of the person granted indefinite leave to remain as a bereaved partner;
(c)who was under 18 on the leave application date;
(d)who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; and
(e)who is ordinarily resident in Northern Ireland on the course start date.
(3)In this paragraph, “leave application date” means the date on which a person granted indefinite leave to remain as a bereaved partner made an application to remain in the United Kingdom on those grounds under the immigration rules.”;
in the heading to paragraph 4E (persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse)f2, at the end, insert “and their children”;
paragraph 4E becomes sub-paragraph (1) of that paragraph;
after that sub-paragraph (1) insert—
“(2)A person—
(a)granted indefinite leave to enter or remain;
(b)who—
(i)is the child of a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse; and
(ii)on the leave application date, was the child of the person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse;
(c)who was under 18 on the leave application date;
(d)who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; and
(e)who is ordinarily resident in Northern Ireland on the course start date.
(3)In this paragraph, “leave application date” means the date on which a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse made an application to remain in the United Kingdom on those grounds under the immigration rules.”.
A11F1
The 2007 Regulations are amended in accordance with regulations 11 and 12.
11Amendments to the 2007 RegulationsI1
In regulation 5 (prescribed description of a qualifying person), in paragraph (10)(d) and (e) in the definition of “protected category event”, after “the student” insert “or the student’s parent”.
12Amendments to the 2007 RegulationsI1
In the Schedule (qualifying persons)—
in the heading to paragraph 4Df1 (persons granted indefinite leave to remain as a bereaved partner), at the end, insert “and their children”;
paragraph 4D becomes sub-paragraph (1) of that paragraph;
after that sub-paragraph (1) insert—
“(2)A person—
(a)granted indefinite leave to remain;
(b)who—
(i)is the child of a person granted indefinite leave to remain as a bereaved partner; and
(ii)on the leave application date, was the child of the person granted indefinite leave to remain as a bereaved partner;
(c)who was under 18 on the leave application date;
(d)who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; and
(e)who is ordinarily resident in the United Kingdom on the course start date.
(3)In this paragraph, “leave application date” means the date on which a person granted indefinite leave to remain as a bereaved partner made an application to remain in the United Kingdom on those grounds under the immigration rules.”.
in the heading to paragraph 4E (persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse), at the end, insert “and their children”;
paragraph 4E becomes sub-paragraph (1) of that paragraph;
after that sub-paragraph (1) insert—
“(2)A person—
(a)granted indefinite leave to enter or remain;
(b)who—
(i)is the child of a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse; and
(ii)on the leave application date, was the child of the person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse;
(c)who was under 18 on the leave application date;
(d)who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; and
(e)who is ordinarily resident in the United Kingdom on the course start date.
(3)In this paragraph, “leave application date” means the date on which a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse made an application to remain in the United Kingdom on those grounds under the immigration rules.”.
A13F1
The 2009 Regulations are amended in accordance with regulations 13 and 14.
13Amendments to the 2009 RegulationsI1
In regulation 2A (meaning of terms including in-year qualifying event and settled status event)f1—
in paragraph (2), after sub-paragraph (b), insert—
“(ba)the student becomes a person described in paragraph 2 of Schedule 2;”;
in paragraph (4), for the words from “means the student becomes a family member” to the end substitute—
“means—
(a)the student becomes a person described in paragraph 2A of Schedule 2; or
(b)the student becomes a family member described in paragraph 9A(1)(a), 9C(1)(a) or 9D(1)(a) of Schedule 2.”.
14Amendments to the 2009 RegulationsI1
In Part 2 of Schedule 2 (eligible students)—
in paragraph 2(1), omit “on the first day of the first academic year of the course”;
in paragraph 2(1)(b) after “Northern Ireland”, insert “on the first day of the first academic year of the course”;
in paragraph 2A(1)(a)f1 omit “on the course start date”.
A15F1
The 2007 Regulations are amended in accordance with regulation 15.
15Amendments to the 2007 RegulationsI1
In the Schedule (qualifying persons)—
in the opening words of paragraph 2(1) omit “on the first day of the first academic year of the course”;
in paragraph 2(1)(b), after “United Kingdom”, insert “on the first day of the first academic year of the course”;
in paragraph 2A(1)(a)f1, omit “on the course start date”.
A16F1
The 2009 Regulations are amended in accordance with regulations 16 to 20.
16Amendment to the 2009 RegulationsI1
In regulation 5 (eligible students)—
in paragraph (11)(b)f1, for the words from “has expired” to the end of sub-paragraph (b), substitute—
“has expired and—
(i)no further leave to remain has been granted,
(ii)no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002f2), and
(iii)the person (A or A’s spouse, civil partner, parent or step-parent) whose refugee status has expired has not become a British or Irish citizen,”;
in paragraph (11B)(b)f6, after “has been granted” insert “and A has not become a British or Irish citizen”;
in paragraphs (11C)(b)f7 and (12)(b)f8, for the words from “has expired” to the end of sub-paragraph (b), substitute—
“has expired and—
(i)no further leave to remain has been granted;
(ii)no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and
(iii)the person (A or A’s spouse, civil partner, parent or step-parent) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen,”;
in paragraph (11E)(b)f9, after “has expired” insert “and that person has not become a British or Irish citizen”;
in paragraph (12A)(b)f10, after “has been granted under those rules” insert “and A has not become a British or Irish citizen”;
in paragraph (12C)(b)f11 after “protected rights” insert “and has not become a British or Irish citizen”.
17Amendment to the 2009 RegulationsI1
In regulation 105 (eligible distance learning students)—
in paragraph (11)(b)f1, for the words from “has expired” to the end of sub-paragraph (b), substitute—
“has expired and—
(i)no further leave to remain has been granted;
(ii)no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002f2); and
(iii)the person (A or A’s spouse, civil partner, parent or step-parent) whose refugee status has expired has not become a British or Irish citizen.”;
in paragraph (11B)(b)f6, after “has been granted” insert “and A has not become a British or Irish citizen”;
in paragraphs (11C)(b)f7 and (12)(b)f8, for the words from “has expired” to the end of sub-paragraph (b), substitute—
“has expired and—
(i)no further leave to remain has been granted;
(ii)no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and
(iii)the person (A or A’s spouse, civil partner, parent or step-parent) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen,”;
in paragraph (11E)(b)f9, after “has expired” insert “and that person has not become a British or Irish citizen”;
in paragraph (12A)(b)f10, after “has been granted under those rules” insert “and A has not become a British or Irish citizen”;
in paragraph (12C)(b)f11 after “protected rights” insert “and has not become a British or Irish citizen”.
18Amendment to the 2009 RegulationsI1
In regulation 122 (eligible part-time students)—
in paragraph (10)(b)f1, for the words from “has expired” to the end of sub-paragraph (b), substitute—
“has expired and—
(i)no further leave to remain has been granted;
(ii)no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002f2), and
(iii)the person (A or A’s spouse, civil partner, parent or step-parent) whose refugee status has expired has not become a British or Irish citizen,”;
in paragraph (10B)(b)f6, after “has been granted” insert “and A has not become a British or Irish citizen”;
in paragraphs (10C)(b)f7 and (11)(b)f8, for the words from “has expired” to the end of sub-paragraph (b), substitute—
“has expired and—
(i)no further leave to remain has been granted;
(ii)no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and
(iii)the person (A or A’s spouse, civil partner, parent or step-parent) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen,”;
in paragraph (10E)(b)f9, after “has expired” insert “and that person has not become a British or Irish citizen”;
in paragraph (11A)(b)f10, after “has been granted under those rules” insert “and A has not become a British or Irish citizen”;
in paragraph (11C)(b)f11 after “protected rights” insert “and has not become a British or Irish citizen”.
19Amendment to the 2009 RegulationsI1
In regulation 139 (eligible postgraduate students)—
in paragraph (12)(b)f1, for the words from “has expired” to the end of sub-paragraph (b), substitute—
“has expired and—
(i)no further leave to remain has been granted;
(ii)no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002f2); and
(iii)the person (A or A’s spouse, civil partner, parent or step-parent) whose refugee status has expired has not become a British or Irish citizen,”;
in paragraph (12B)(b)f6, after “has been granted” insert “and A has not become a British or Irish citizen”;
in paragraphs (12C)(b)f7 and (13)(b)f8, for the words from “has expired” to the end of sub-paragraph (b), substitute—
“has expired and—
(i)no further leave to remain has been granted;
(ii)no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and
(iii)the person (A or A’s spouse, civil partner, parent or step-parent) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen,”;
in paragraph (12E)(b)f9, after “has expired” insert “and that person has not become a British or Irish citizen”;
in paragraph (13A)(b)f10, after “has been granted under those rules” insert “and A has not become a British or Irish citizen”;
in paragraph (13C)(b)f11 after “protected rights” insert “and has not become a British or Irish citizen”.
20Amendment to the 2009 RegulationsI1
In regulation 149 (eligible master’s, etc. students)—
in paragraph (11)(b)f1, for the words from “has expired” to the end of sub-paragraph (b), substitute—
“has expired and—
(i)no further leave to remain has been granted;
(ii)no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002f2); and
(iii)the person (A or A’s spouse, civil partner, parent or step-parent) whose refugee status has expired has not become a British or Irish citizen,”;
in paragraph (11B)(b)f6, after “has been granted” insert “and A has not become a British or Irish citizen”;
in paragraphs (11C)(b)f7 and (12)(b)f8, for the words from “has expired” to the end of sub-paragraph (b), substitute—
“has expired and—
(i)no further leave to remain has been granted;
(ii)no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and
(iii)the person (A or A’s spouse, civil partner, parent or step-parent) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen,”;
in paragraph (11E)(b)f9, after “has expired” insert “and that person has not become a British or Irish citizen”;
in paragraph (12A)(b)f10, after “has been granted under those rules” insert “and A has not become a British or Irish citizen”;
in paragraph (12C)(b)f11 after “protected rights” insert “and has not become a British or Irish citizen”.
A21F1
The 2007 Regulations are amended in accordance with regulation 21.
21Amendments to the 2007 RegulationsI1
In regulation 5 (qualifying person), after paragraph (1C)f1 insert—
“(1D)For the purposes of this regulation, where—
(a)a person becomes, after the course start date or on the first day of an academic year of the course, a person who no longer falls within a paragraph of the Schedule as a result of that person’s leave to remain, or the leave to remain of that person’s spouse, civil partner or parent, as the case may be, having expired; and
(b)further leave to remain has been granted or the person whose leave to remain has expired has become a British or Irish citizen,
the person who would otherwise no longer fall within a paragraph of the Schedule is to be treated as falling within the paragraph of the Schedule in which they previously fell for the remainder of the duration of the course.”.
A22F1
The 2009 Regulations are amended in accordance with regulation 22.
22Amendment to the 2009 RegulationsI1
In regulation 2(1) (interpretation)—
after the definition of “person granted leave under the Ukraine Family Scheme”f3 insert—
““person granted leave under the Ukraine Permission Extension Scheme” means a person—
- (a)
who has leave to remain in the United Kingdom under the Ukraine Permission Extension Scheme; and
- (b)
who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;”.
A23F1
The 2007 Regulations are amended in accordance with regulation 23.
23Amendment to the 2007 RegulationsI1
In the Schedule (qualifying persons), in paragraph 1(1)—
in the definition of “person granted leave under one of the Ukraine Schemes”f1, after “Ukraine Extension Scheme” insert “, a person granted leave under the Ukraine Permission Extension Scheme”;
after the definition of “person granted leave under the Ukraine Family Scheme”f2 insert—
““person granted leave under the Ukraine Permission Extension Scheme” means a person—
- (a)
who has leave to remain in the United Kingdom under the Ukraine Permission Extension Scheme; and
- (b)
who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;”.
A24F1
The 2009 Regulations are amended in accordance with regulation 24.
24Amendments to the 2009 RegulationsI1
In regulation 2(1) (interpretation), in the definition of “person granted indefinite leave to remain as a bereaved partner”f1, for paragraphs (i) to (iv) (but not the “and” after paragraph (iv)) of sub-paragraph (a) substitute —
“(i)paragraph BP 11.1 of Appendix Bereaved Partner; or
(ii)where such leave was granted before the coming into force of Appendix Bereaved Partner—
(aa)paragraph 288, as a person in relation to whom the requirements in paragraph 287(b) of those rules were met (bereaved partners);
(bb)paragraph 295N, as a person in relation to whom the requirements in paragraph 295M of those rules were met (bereaved partners);
(cc)paragraph D-BPILR.1.1 of Appendix FM (bereaved partners); or
(dd)paragraph 36 of Appendix Armed Forces (bereaved partner of a member of HM Forces);”.
A25F1
The 2007 Regulations are amended in accordance with regulation 25.
25Amendments to the 2007 RegulationsI1
In the Schedule (qualifying persons), in paragraph 1(1), in the definition of “person granted indefinite leave to remain as a bereaved partner”f1, for paragraphs (i) to (iv) (but not the “and” after paragraph (iv)) of sub-paragraph (a) substitute —
“(i)paragraph BP 11.1 of Appendix Bereaved Partner; or
(ii)where such leave was granted before the coming into force of Appendix Bereaved Partner—
(aa)paragraph 288, as a person in relation to whom the requirements in paragraph 287(b) of those rules were met (bereaved partners);
(bb)paragraph 295N, as a person in relation to whom the requirements in paragraph 295M of those rules were met (bereaved partners);
(cc)paragraph D-BPILR.1.1 of Appendix FM (bereaved partners); or
(dd)paragraph 36 of Appendix Armed Forces (bereaved partner of a member of HM Forces);”.
A26F1
The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2024 are amended in accordance with regulations 26 to 30.
26Amendments to the Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2024I1
In regulation 30(3) omit “Part 2 of”.
27Amendments to the Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2024I1
In regulation 32—
in paragraph (j) for “the first day of the first academic year of the course” substitute “the day on which the first term of the first academic year actually begins”;
in paragraph (k) for “the first day of the first academic year of the course” substitute “the day on which the first term of the first academic year actually begins”.
28Amendments to the Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2024I1
In regulation 34, in the introductory sentence, omit “Part 2 of”.
29Amendments to the Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2024I1
In regulation 36—
in paragraph (3) of the inserted regulation 2A—
in paragraph (i) omit “or the student’s spouse, civil partner or parent”;
in paragraph (j) omit “or the student’s spouse, civil partner or parent”.
30Amendments to the Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2024I1
In regulation 59(d)—
in inserted paragraph (8) for “prescribed” substitute “protected”;
in inserted paragraph (9) omit “Part 2 of”;
in inserted paragraph (10)—
in the definition of “protected category” omit “Part 2 of”;
in the definition of “settled category” for “2” substitute “2A”.
A31F1
The 2009 Regulations are amended in accordance with regulations 31 and 32.
31Amendments to the 2009 RegulationsI1
In regulation 130(7)f1 after “listed in” insert “regulation”.
32Amendments to the 2009 RegulationsI1
In regulation 139(8) after “United Kingdom” insert “or the Republic of Ireland”.
A33F1
The 2007 Regulations are amended in accordance with regulation 33.
33Amendments to the 2007 RegulationsI1
Signature
Sealed with the Official Seal of the Department for the Economy on 23rd July 2024.
L.S.
Mr Mark Lee
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. Two sets of Student Support Regulations are amended. Those Regulations 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 14th August 2024, unless otherwise specified.
Part 2 amends the 2009 and 2007 Regulations in order to:
-
amend the definition of “person granted indefinite leave to remain as a victim of domestic violence or abuse” to align with changes made to the immigration rules, to include persons granted indefinite leave to enter as a result of being a victim of transnational marriage abandonment;
-
amend the reference to the relevant paragraph in Appendix Afghan Relocation and Assistance Policy of the immigration rules to describe the way indefinite leave to enter or remain is given under that paragraph;
-
make provision so that children granted indefinite leave to enter or remain on the basis that their parent has been granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse or indefinite leave to remain as a bereaved partner are eligible for student support on that basis and have the same test of ordinary residence as their parent;
-
provide for persons in the student eligibility categories set out in paragraphs in the 2009 and 2007 Regulations (which require a student to have settled status) to become eligible for student support when they acquire their settled status during the course of an academic year. The requirement to be settled in the United Kingdom on the first day of the first academic year of the course, or on the course start date as appropriate, is removed and the acquisition of settled status becomes an in-year qualifying event for access to student support for students in these categories;
-
ensure that students who acquire British or Irish citizenship during the course of an academic year do not lose their status as students eligible for financial support;
-
provide for students whose leave to remain expires but who are granted further leave to remain or who become British or Irish citizens remain able to access student support for the remainder of their course;
-
include the Ukraine Permission Extension Scheme in the definition of “person granted leave under one of the Ukraine Schemes”. A definition of “person granted leave under the Ukraine Permission Extension Scheme” is also inserted, and
-
make changes to the definition of “person granted indefinite leave to remain as a bereaved partner” to take into account recent changes to the immigration rules dealing with such persons.
Part 3 amends the 2009 and 2007 Regulations in order to:
-
correct legislative errors.
A regulatory impact assessment has not been produced for this rule as no, or no significant impact on the private, voluntary or public sectors is foreseen.