The Higher Education Short Course Loans Regulations 2022

These Regulations may be cited as the Higher Education Short Course Loans Regulations 2022.

These Regulations come into force on 13th April 2022.

These Regulations extend to England and Wales, but apply only in relation to England^f1.

These Regulations apply to the provision of fee loans to students in connection with an HE short course which begins on or after 1st September 2022 whether anything done under these Regulations is done before, on or after that date.

In these Regulations—

• “the 1998 Act” means the Teaching and Higher Education Act 1998;

• “the 2002 Act” means the Nationality, Immigration and Asylum Act 2002^f1;

• “applicant” means a person applying for an HESC loan;

• “current course” means the HE short course in respect of which an applicant applies for an HESC loan;

• “electronic signature” is so much of anything in electronic form as—

  1. (a)

     is incorporated into or logically associated with any electronic communication or electronic data, and

  2. (b)

     purports to be so incorporated or associated for the purposes of being used in establishing the authenticity of the communication or data, the integrity of the date, or both;

• “eligible prisoner” means a prisoner—

  1. (a)

     who is serving a sentence of imprisonment in the United Kingdom,

  2. (b)

     F1who has been authorised by the prison Governor or Director or other appropriate authority to study the current course, and

  3. (c)

     whose earliest release date is within 6 years of the first day of the current course;

• “eligible student” has the meaning given in regulation 3;

• “European Economic Area” means the areas comprised by the EEA states;

• “fee loan” means a loan for fees made to an eligible student pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act;

• “fees” has the meaning given for the purposes of Part 1 of the Higher Education and Research Act 2017 (see section 85(2) of that Act)^f2;

• “HE short course” means a course designated by the Secretary of State under regulation 4;

• “HESC loan” means a fee loan made pursuant to these Regulations;

• “higher education course” means a course providing education (whether or not in preparation for an examination) the standard of which—

  1. (a)

     is higher than the standard of a course in preparation for examination for the General Certificate of Secondary Education, but

  2. (b)

     is not higher than the standard of a first degree course;

• “information” includes documents;

• “institution” means an organisation delivering higher education courses;

• “the Islands” means Channel Islands and the Isle of Man;

• “loan”, except where otherwise indicated, means a loan made pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act, and includes the interest accrued on the loan and any penalties or charges incurred in connection with it;

• “overseas territories” means Anguilla; F2... Bermuda; British Antarctic Territory; British Indian Ocean Territory; British Virgin Islands; F3the Caribbean part of the Kingdom of the Netherlands (Aruba, Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten); Cayman Islands; Falkland Islands; Faroe Islands; French Polynesia; French Southern and Antarctic Territories; Gibraltar; Mayotte; Greenland; Montserrat; F4... Pitcairn, Henderson, Ducie and Oeno Islands; South Georgia and the South Sandwich Islands; St Barthélemy; F5St Helena, Ascension and Tristan da Cunha; St Pierre et Miquelon; the Territory of New Caledonia and Dependencies; Turks and Caicos Islands; and Wallis and Futuna;

• “period of eligibility”, in relation to an eligible student, has the meaning given in regulation 5;

• “specified British overseas territories” means Anguilla; Bermuda; British Antarctic Territory; British Indian Ocean Territory; British Virgin Islands; Cayman Islands; Falkland Islands; Gibraltar; Montserrat; Pitcairn, Henderson, Ducie and Oeno Islands; South Georgia and the South Sandwich Islands; F6St Helena, Ascension and Tristan da Cunha; and Turks and Caicos Islands.

In these Regulations, the following terms have the meanings given in paragraph 1(1) of Schedule 1—

For the purposes of these Regulations, a reference to the United Kingdom and Islands is a reference to the United Kingdom and the Islands taken together.

For the purposes of these Regulations, a person is not to be treated as ordinarily resident in a place unless that person lawfully resides in that place F10(but see regulation 7(3) and (4)).

For the purposes of these Regulations, a person who is ordinarily resident in England, Wales, Scotland, Northern Ireland or the Islands, as a result of having moved from another of those areas for the purposes of undertaking—

is to be considered to be ordinarily resident in the place from which that person moved.

For the purposes of these Regulations, a person (“A”) is to be treated as ordinarily resident in an area if A would have been so resident but for the fact that—

is or was temporarily employed outside the area in question.

For the purposes of paragraph (6), temporary employment outside the area in question includes—

For the purposes of these Regulations, an area, other than the United Kingdom or Gibraltar, which—

is to be considered to have always been a part of the European Economic Area.

For the purposes of these Regulations, an eligible prisoner is to be considered ordinarily resident in the part of the United Kingdom where the prisoner resided prior to sentencing.

An eligible student qualifies for an HESC loan in connection with their undertaking an HE short course in accordance with this regulation.

A person (“P”) is an eligible student in connection with an HE short course if—

For the purposes of paragraph (2)(a)(i)—

• “borrower” means an eligible student to whom a fee loan has been made;

• “excluded agreement” means an agreement for a loan which is subject to the law of Scotland and was made—

  1. (a)

     on or after 25th September 1991, or

  2. (b)

     before that date, without the concurrence of the borrower’s curator or at a time when the borrower had no curator;

• “loan” means a loan under any provision of—

  1. (a)

     the Education (Scotland) Act 1980^f1;

  2. (b)

     the Education (Student Loans) Act 1990^f2;

  3. (c)

     regulations made under either of those Acts or the 1998 Act;

  4. (d)

     the Education (Student Loans) (Northern Ireland) Order 1990^f3;

  5. (e)

     the Education (Student Support) (Northern Ireland) Order 1998^f4;

  6. (f)

     regulations made under either of those Orders.

For the purposes of paragraph (2)(a)(ii), P is a returning student if—

For the purposes of paragraph (4)(c), there is a relevant change in P’s circumstances if—

For the purposes of paragraph (5), the reference course is—

If P is an eligible prisoner, P may qualify for an HESC loan under this regulation in respect of an HE short course which is taking place at the time when they enter prison, are in prison or are released from prison.

A higher education course may be designated by the Secretary of State for the purposes of section 22(1) of the 1998 Act where the course—

The Secretary of State must publish, in such manner as the Secretary of State considers appropriate, a list of courses designated under paragraph (1).

The Secretary of State may revoke or suspend the designation of a course which is designated under paragraph (1).

If the Secretary of State revokes or suspends the designation of a course under paragraph (3), the Secretary of State must update the list of courses accordingly.

A student’s status as an eligible student is retained in connection with an HE short course until the status terminates in accordance with this regulation or regulation 6.

The period for which an eligible student retains that status is the “period of eligibility”.

Subject to paragraphs (4) to (6), the period of eligibility terminates at the end of the ordinary duration of the HE short course.

The Secretary of State may terminate an eligible student’s period of eligibility where the student has shown by their conduct that they are unfitted to receive an HESC loan.

If the Secretary of State is satisfied that an eligible student has failed to comply with any requirement to provide information under these Regulations or has provided information which is inaccurate in a material particular, the Secretary of State may take such of the following actions as the Secretary of State considers appropriate in the circumstances—

Where the period of eligibility terminates before the end of the ordinary duration of the HE short course, the Secretary of State may, at any time, renew the period of eligibility for such period as the Secretary of State determines.

For the purposes of this regulation, the ordinary duration of an HE short course is the period which a standard student would take to complete the course.

For the purposes of paragraph (7) “standard student” means a student who is taken—

A person’s status as an eligible student in connection with an HE short course terminates immediately before the first day of that course if any of paragraphs (2) to (9) apply in relation that person.

This paragraph applies in relation to a person (“P”) if—

This paragraph applies in relation to a person (“P”) if—

This paragraph applies in relation to a person (“P”) if—

This paragraph applies in relation to a person (“P”) if—

This paragraph applies in relation to a person (“P”) if—

This paragraph applies in relation to a person (“P”) if—

This paragraph applies in relation to a person (“P”) if—

This paragraph applies in relation to a person (“P”) if—

This paragraph applies in relation to a person (“P”) if—

This paragraph applies in relation to a person (“P”) if—

In this regulation “the relevant course”, in relation to P, means—

Where one of the events specified in paragraph (2) occurs after the first day of an HE short F1course which results in a student becoming an eligible student, the student may qualify for an HESC loan in accordance with this Part in respect of that course.

The events mentioned in paragraph (1) are—

Where an event specified in paragraph (2)(a), (b), (c), (d), (e), (f), (g) or (l) occurs in relation to a student, paragraph (4) applies for the purposes of determining whether that event results in the student becoming an eligible student.

The student is, for the purposes of determining whether the student satisfies any requirement in Schedule 1 to be ordinarily resident in England on the first day of the HE short course, to be treated as if the student was, on the course start date, lawfully residing in the place where the student was residing on that date.

An applicant must apply for an HESC loan in connection with an HE short course by completing and submitting to the Secretary of State an application in such form and accompanied by such documentation as the Secretary of State may require.

The Secretary of State may take such steps, and make such enquiries, as the Secretary of State considers necessary to determine—

The Secretary of State must notify the applicant of whether the applicant qualifies for an HESC loan, and if so, the amount of HESC loan payable in respect of the HE short course.

An application for an HESC loan must reach the Secretary of State—

But paragraph (1) does not apply where the Secretary of State, having regard to the circumstances of the particular case, considers that the time limit should be relaxed, in which case the application must reach the Secretary of State not later than such date as the Secretary of State specifies.

To receive an HESC loan, a student must enter into a contract with the Secretary of State.

Where the Secretary of State requires a contract to be signed by a student, an electronic signature in such form as the Secretary of State may specify satisfies such a requirement.

When assessing an application for an HESC loan in respect of an HE short course, the Secretary of State must determine the standard entitlement.

The standard entitlement of an eligible student for all HE short courses is a maximum of four HESC loans.

A student undertaking more than one HE short course at any time may qualify for a loan for each course.

The amount of an HESC loan in respect of an HE short course must not exceed the lesser of—

For the purposes of this regulation, the maximum loan amount available in connection with an HE short course is—

The Secretary of State may make it a condition of entitlement to payment of an HESC loan that the eligible student must provide the Secretary of State with the student’s United Kingdom national insurance number.

Where the Secretary of State has imposed a condition under paragraph (1), the Secretary of State must not make any payment of the HESC loan to the eligible student before the Secretary of State is satisfied that the student has complied with that condition.

Despite paragraph (2), the Secretary of State may pay an HESC loan to an eligible student if the Secretary of State is satisfied that owing to exceptional circumstances it would be appropriate to make such a payment without the eligible student having complied with the condition imposed under paragraph (1).

The Secretary of State may, at any time, request from an applicant or an eligible student information that the Secretary of State considers is required to recover an HESC loan.

The Secretary of State may, at any time, request from an applicant or an eligible student sight of their national identity card, passport issued by the state of which they are a national or their birth certificate.

Where the Secretary of State has requested information under this regulation, the Secretary of State may withhold payment of an HESC loan until the person provides—

The Secretary of State must pay the HESC loan for which an eligible student qualifies to the institution to which the student is liable to make payment.

The Secretary of State must not pay the HESC loan until the Secretary of State has received from the institution—

The Secretary of State may refuse to pay an HESC loan to a student in connection with an HE short course if that student is in receipt of public funds for part or all of the fees for that course.

For the purposes of paragraph (4) “public funds” means moneys provided by Parliament or by a government authority outside the United Kingdom.

The Secretary of State may at any time require an applicant or an eligible student to enter into an agreement to repay an HESC loan by a particular method.

Where the Secretary of State has required an agreement as to the method of repayment under paragraph (1), the Secretary of State may withhold any payment of the HESC loan until the person provides what has been required.

Any overpayment of an HESC loan is recoverable by the Secretary of State from—

An institution must, if so required by the Secretary of State, repay any amount of an HESC loan paid in respect of a student which for whatever reason exceeds the amount of an HESC loan to which the student is entitled.

A student must, if so required by the Secretary of State, repay any amount of an HESC loan paid in respect of the student which for whatever reason exceeds the amount of an HESC loan to which the student is entitled.

An overpayment of HESC loan may be recovered from a student under paragraph (1)(b) in whichever one or more of the following ways the Secretary of State considers appropriate in all the circumstances—

These Regulations expire on 1st September 2025.

Despite paragraph (1), these Regulations continue to have effect, on and after 1st September 2025 (“the expiry date”), for the purposes of, and in connection with—

In these Regulations—

• “the Citizens’ Rights Regulations” means the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020^f1;

• “EEA EFTA separation agreement” has the meaning given by the European Union (Withdrawal Agreement) Act 2020^f2 (see section 39 of that Act);

• “immigration rules” has the meaning given in section 33(1) of the Immigration Act 1971^f3;

• “person granted Calais leave” means a person who—

  1. (a)

     has extant leave to remain in the United Kingdom under paragraph 352J, 352K, 352L or 352T (Calais leave and “leave in line” granted by virtue of being a dependent child of a person granted Calais leave) of the immigration rules, and

  2. (b)

     has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave to remain;

• “person granted humanitarian protection” means a person—

  1. (a)

     who, on the grounds of humanitarian protection, has been granted leave to remain under the immigration rules,

  2. (b)

     whose leave to remain is extant, or in respect of whose leave to remain an appeal is pending (within the meaning of section 104 of the 2002 Act^f4), and

  3. (c)

     who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave to remain;

• “person granted indefinite leave to remain as a bereaved partner” means a person—

  1. (a)

     granted indefinite leave to remain in the United Kingdom under any of the following provisions of the immigration rules—

     1. (i)

        F1paragraph BP 11.1 of Appendix Bereaved Partner, or

     2. (ii)

        where such leave was granted before the coming into force of Appendix Bereaved Partner—

        1. (aa)

           paragraph 288, as a person in relation to whom the requirements in paragraph 287(b) of those rules were met (bereaved partners),

        2. (bb)

           paragraph 295N, as a person in relation to whom the requirements in paragraph 295M of those rules were met (bereaved partners),

        3. (cc)

           paragraph D-BPILR.1.1 of Appendix FM (bereaved partners), or

        4. (dd)

           paragraph 36 of Appendix Armed Forces (bereaved partner of a member of HM Forces), and

  2. (b)

     who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave;

• “person granted indefinite F2leave to enter or remain as a victim of domestic violence or domestic abuse” means a person—

  1. (a)

     granted indefinite leave to enter or remain in the United Kingdom under any of the following provisions of the immigration rules—

     1. (i)

        F3paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse, or

     2. (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),

  2. (b)

     who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave;

• “person granted leave under one of the Afghan Schemes” means—

  1. (a)

     a person granted leave under the Afghan Citizens Resettlement Scheme, or

  2. (b)

     a person granted leave under the Afghan Relocations and Assistance Policy Scheme;

• F4“person granted leave under one of the Ukraine Schemes” means a person granted leave under the Homes for Ukraine Sponsorship Scheme, a person granted leave under the Ukraine Extension Scheme F5, a person granted leave under the Ukraine Permission Extension Scheme or a person granted leave under the Ukraine Family Scheme;

• F6“person granted leave under the Ukraine Permission Extension Scheme” means a person—

  1. (a)

     who has leave to remain in the United Kingdom under the Ukraine Permission Extension Scheme; and

  2. (b)

     who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;

• “person granted leave under the Afghan Citizens Resettlement Scheme” means a person who—

  1. (a)

     has—

     1. (i)

        indefinite leave to enter or remain in the United Kingdom, outside the immigration rules, on the basis of the Afghan Citizens Resettlement Scheme, F7and

     2. (ii)

        F8...

  2. (b)

     has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;

• “person granted leave under the Afghan Relocations and Assistance Policy Scheme” means a person who—

  1. (a)

     has—

     1. (i)

        indefinite leave to enter the United Kingdom under paragraph 276BA2, or indefinite leave to remain under paragraph 276BS2, of the immigration rules, having been relocated to the United Kingdom pursuant to paragraph 276BB1(iii)(a) of the immigration rules,

     2. (ia)

        F9indefinite 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,

     3. (ii)

        leave to enter the United Kingdom on the basis of the Afghan Relocations and Assistance Policy Scheme, F10or

     4. (iii)

        indefinite leave to enter or remain in the United Kingdom, outside the immigration rules, on the basis of the Afghan Relocations and Assistance Policy Scheme, F11and

     5. (iv)

        F12...

  2. (b)

     has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;

• F13“person granted leave under the Homes for Ukraine Sponsorship Scheme” means a person—

  1. (a)

     who has leave to enter or remain in the United Kingdom—

     1. (i)

        under paragraph UKR 19.1 of Appendix Ukraine Scheme of the Immigration Rules as defined in section 33(1) of the Immigration Act 1971; or

     2. (ii)

        outside the Immigration Rules as defined in section 33(1) of the Immigration Act 1971 where the person—

        1. (aa)

           was residing in Ukraine immediately before 1st January 2022; and

        2. (bb)

           left Ukraine in connection with the Russian invasion which took place on 24th February 2022; and

  2. (b)

     who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;

• “person granted leave under the Ukraine Extension Scheme” means a person—

  1. (a)

     who has leave to remain in the United Kingdom under paragraph UKR 27.1 of Appendix Ukraine Scheme of the Immigration Rules as defined in section 33(1) of the Immigration Act 1971; and

  2. (b)

     who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;

• “person granted leave under the Ukraine Family Scheme” means a person—

  1. (a)

     who has leave to enter or remain in the United Kingdom—

     1. (i)

        under paragraph UKR 9.1 of Appendix Ukraine Scheme of the Immigration Rules as defined in section 33(1) of the Immigration Act 1971; or

     2. (ii)

        outside the Immigration Rules as defined in section 33(1) of the Immigration Act 1971 where the person—

        1. (aa)

           was residing in Ukraine immediately before 1st January 2022; and

        2. (bb)

           left Ukraine in connection with the Russian invasion which took place on 24th February 2022; and

  2. (b)

     who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;

• “person granted section 67 leave” means a person—

  1. (a)

     who—

     1. (i)

        has extant leave to remain as a person granted leave under paragraph 352ZG of the immigration rules, having been relocated to the United Kingdom pursuant to arrangements made by the Secretary of State under section 67 of the Immigration Act 2016^f5, or

     2. (ii)

        is a dependent child of such a person who has been granted “leave in line” under paragraph 352ZO of the immigration rules, and

  2. (b)

     who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;

• “person granted stateless leave” means a person who—

  1. (a)

     has extant leave to remain as a stateless person under the immigration rules, and

  2. (b)

     has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;

• “person with protected rights” has the meaning given in sub-paragraph (2);

• “refugee” means a person who is recognised by Her Majesty’s government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28th July 1951 as extended by the Protocol thereto which entered into force on 4th October 1967;

• “the relevant period” has the meaning given by regulation 4 of the Citizens’ Rights Regulations;

• “relevant person of Northern Ireland” has the meaning given by residence scheme immigration rules;

• “residence scheme immigration rules” has the meaning given by section 17(1) of the European Union (Withdrawal Agreement) Act 2020;

• “Turkish worker” means a Turkish national who—

  1. (a)

     is ordinarily resident in the United Kingdom and Islands, and

  2. (b)

     is, or has been, lawfully employed in the United Kingdom.

“Person with protected rights” means—

For the purposes of sub-paragraph (2) “citizens’ rights deeming provisions” means—

For the purposes of these Regulations, a person (“P”) is within the personal scope of the citizens’ rights provisions if P falls within—

In this Schedule—

• “Directive 2004/38” means Directive 2004/38 of the European Parliament and of the Council of 29th April 2004 on the rights of citizens of the Union and their family members to move and reside freely in the territory of the Member States;

• “EEA frontier self-employed person” means an EEA national who—

  1. (a)

     is a self-employed person in England, and

  2. (b)

     resides in Switzerland or the territory of an EEA state and returns to the national’s residence in Switzerland or that EEA state, as the case may be, daily or at least once a week;

• “EEA frontier worker” means an EEA national who—

  1. (a)

     is a worker in England, and

  2. (b)

     resides in Switzerland or the territory of an EEA state and returns to the national’s residence in Switzerland or that EEA state, as the case may be, daily or at least once a week;

• “EEA migrant worker” means an EEA national who is a worker, other than an EEA frontier worker, in the United Kingdom;

• “EEA national” means a national of an EEA state;

• “EEA self-employed person” means an EEA national who is a self-employed person, other than an EEA frontier self-employed person, in the United Kingdom;

• “employed person” means an employed person within the meaning of Annex 1 to the Swiss Agreement;

• “EU national” means a national of a member State;

• F1“evacuated or assisted British national from Afghanistan” means a person—

  1. (a)

     who is a British citizen, a British overseas territories citizen, a British National (Overseas), a British Overseas citizen, a British subject under the British Nationality Act 1981 or a British protected person within the meaning of that Act;

  2. (b)

     who was either—

     1. (i)

        evacuated from Afghanistan by or on behalf of the United Kingdom, a North Atlantic Treaty Organisation member state, Pakistan, Uzbekistan, Tajikistan, Iran or Qatar during the period of the operation known as Operation Pitting, which began on 14th August 2021 and ended on 28th August 2021; or

     2. (ii)

        assisted by or on behalf of the United Kingdom, after 28th August 2021 and before 6th January 2022, to leave Afghanistan; and

  3. (c)

     who has been ordinarily resident in the United Kingdom and Islands since they were evacuated from or otherwise left Afghanistan;

• “family member”, unless otherwise indicated—

  1. (a)

     in relation to an EEA frontier worker, an EEA migrant worker, an EEA frontier self-employed person, an EEA self-employed person or a relevant person of Northern Ireland who is treated as an EEA migrant worker or an EEA self-employed person by virtue of paragraph 13(3), means—

     1. (i)

        that person’s spouse or civil partner,

     2. (ii)

        direct descendants of the person or of the person’s spouse or civil partner who are—

        1. (aa)

           under the age of 21, or

        2. (bb)

           dependants of the person or the person’s spouse or civil partner, or

     3. (iii)

        dependent direct relatives in the ascending line of that person or that person’s spouse or civil partner;

  2. (b)

     in relation to a Swiss employed person, a Swiss frontier employed person, a Swiss frontier self-employed person or a Swiss self-employed person, means—

     1. (i)

        that person’s spouse or civil partner, or

     2. (ii)

        that person’s child or the child of that person’s spouse or civil partner;

  3. (c)

     in relation to an EU national who falls within Article 7(1)(c) of Directive 2004/38, or, for the purposes of paragraph 16, or a relevant person of Northern Ireland who would fall within Article 7(1)(c) of Directive 2004/38 if that person were an EU national or solely an EU national, means—

     1. (i)

        that person’s spouse or civil partner, or

     2. (ii)

        direct descendants of the person or of the person’s spouse or civil partner who are—

        1. (aa)

           under the age of 21, or

        2. (bb)

           dependants of the person or the person’s spouse or civil partner;

  4. (d)

     in relation to an EU national who falls within Article 7(1)(b) of Directive 2004/38, or, for the purposes of paragraph 16, in relation to a relevant person of Northern Ireland who would fall within Article 7(1)(b) of Directive 2004/38 if that person were an EU national or solely an EU national, means—

     1. (i)

        that person’s spouse or civil partner,

     2. (ii)

        direct descendants of the person or of the person’s spouse or civil partner who are—

        1. (aa)

           under the age of 21, or

        2. (bb)

           dependants of the person or the person’s spouse or civil partner, or

     3. (iii)

        dependent direct relatives in the ascending line of that person or that person’s spouse or civil partner;

  5. (e)

     in relation to a United Kingdom national, for the purposes of paragraph 17 or 21 or for the purposes of paragraph 20 in relation to a person settled in the United Kingdom, means—

     1. (i)

        that person’s spouse or civil partner, or

     2. (ii)

        direct descendants of the person or of the person’s spouse or civil partner who are dependants of that person or that person’s spouse or civil partner;

• “parent” means a parent, guardian or other person having parental responsibility, and child is to be construed accordingly;

• “self-employed person” means—

  1. (a)

     in relation to an EEA national, a person who is self-employed within the meaning of Article 7 of Directive 2004/38 or the EEA Agreement, as the case may be;

  2. (b)

     in relation to a Swiss national, a person who is self-employed within the meaning of Annex 1 to the Swiss Agreement;

• “settled” has the meaning given in section 33(2A) of the Immigration Act 1971^f1;

• “Swiss Agreement” means the Agreement between the EU and its member States, of the one part, and the Swiss Confederation, of the other, on the Free Movement of Persons signed at Luxembourg on 21st June 1999^f2 and which came into force on 1st June 2002;

• “Swiss citizens’ rights agreement” has the meaning given by the European Union (Withdrawal Agreement) Act 2020 (see section 39 of that Act);

• “Swiss employed person” means a Swiss national who is an employed person, other than a Swiss frontier employed person, in the United Kingdom;

• “Swiss frontier employed person” means a Swiss national who—

  1. (a)

     is an employed person in England, and

  2. (b)

     resides in Switzerland or the territory of an EEA state and returns to the national’s residence in Switzerland or that EEA state, as the case may be, daily or at least once a week;

• “Swiss frontier self-employed person” means a Swiss national who—

  1. (a)

     is a self-employed person in England, and

  2. (b)

     resides in Switzerland or the territory of an EEA state and returns to the national’s residence in Switzerland or that EEA state, as the case may be, daily or at least once a week;

• “Swiss self-employed person” means a Swiss national who is a self-employed person, other than a Swiss frontier self-employed person, in the United Kingdom;

• “United Kingdom national” has the meaning given by Article 2(d) of the EU withdrawal agreement;

• “worker” means a worker within the meaning of Article 7 of Directive 2004/38 or the EEA Agreement, as the case may be.

For the purposes of this Schedule, a reference to a “Member State” or “State” in Article 7 of Directive 2004/38 is to be read as including the United Kingdom.

A person—

Paragraph (c) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the United Kingdom and Islands in accordance with regulation 2(6).

A person—

Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the United Kingdom, the Islands and the Republic of Ireland in accordance with regulation 2(6).

A person who—

For the purposes of sub-paragraph (1)(a)(ii)(cc) “the eligibility requirements for indefinite leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules” means the eligibility requirements for indefinite leave to enter or remain in the United Kingdom in accordance with paragraph EU11 of Appendix EU to the immigration rules.

The provisions mentioned in sub-paragraph (1)(a)(iii)(bb) and (cc) are—

A person who—

A person who—

A person who—

In this paragraph “the asylum application date” means the date on which the refugee made the application for asylum.

A person granted stateless leave, who is ordinarily resident in England on the first day of the HE short course.

A person who—

A person who—

In this paragraph “leave application date” means the date on which the person granted stateless leave made an application to remain in the United Kingdom as a stateless person under the immigration rules.

A person granted indefinite F2leave to enter or remain as a victim of domestic violence or domestic abuse, who is ordinarily resident in England on the first day of the HE short course.

A person—

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 enter or remain in the United Kingdom on those grounds under the immigration rules.

A person granted indefinite leave to remain as a bereaved partner, who is ordinarily resident in England on the first day of the HE short course.

A person—

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.

A person granted humanitarian protection, who is ordinarily resident in England on the first day of the HE short course.

A person who—

A person who—

In this paragraph “asylum application date” means the date on which the person granted humanitarian protection made the application for asylum.

A person with protected rights, or a frontier worker within the meaning of regulation 3 of the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020^f1, who—

Paragraph (b) of sub-paragraph (1) does not apply where the person applying for support falls within paragraph (a)(iv), (v) or (vi) of that sub-paragraph.

In this paragraph, a description of a person in sub-paragraph (1)(a)(i) is to be read as if it includes a relevant person of Northern Ireland who would, if that person were an EEA national or solely an EEA national, be an EEA migrant worker or an EEA self-employed person.

A person with protected rights who—

For the purposes of sub-paragraph (1)(c), in Article 10 of the Workers Regulation—

A person who—

For the purposes of this paragraph, a person has exercised a right of residence if that person who—

For the purposes of sub-paragraph (2), a person had the right of permanent residence if they had a right which arose under Directive 2004/38 to reside permanently in the United Kingdom without restriction.

A person with protected rights—

Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories in accordance with regulation 2(6).

A person—

Paragraph (e) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland in accordance with regulation 2(6).

Where a person (“P”) falls within sub-paragraph (1)(a)(ii), the person in relation to whom P is a family member must also meet the requirements of paragraphs (b) and (d) of sub-paragraph (1).

A person—

Paragraph (e) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland in accordance with regulation 2(6).

F1Subject to paragraphs (3) and (4), A person—

Paragraph (f) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, the Islands and the specified British overseas territories in accordance with regulation 2(6).

For the purposes of paragraphs (c) and (d) of sub-paragraph (1), a person mentioned in paragraph (a)(ii) of sub-paragraph (1) is treated as being ordinarily resident in the specified British overseas territories in any period before the first day of the HE short course in which they are not ordinarily resident in the United Kingdom or the Islands.

Paragraphs (e) and (f) of sub-paragraph (1) do not apply to a person mentioned in paragraph (a)(ii) of that sub-paragraph.

A person—

Paragraph (e) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, the Islands and the specified British overseas territories in accordance with regulation 2(6).

A person—

Paragraph (d) of sub-paragraph (1) does not apply to a person treated as being ordinarily resident in the territory referred to in paragraph (c) of that sub-paragraph in accordance with regulation 2(6).

A person—

Paragraph (d) of sub-paragraph (3) does not apply to a person treated as being ordinarily resident in the territory referred to in paragraph (c) of that sub-paragraph in accordance with regulation 2(6).

A person who—

is the child of a Swiss national who is entitled to support in the United Kingdom by virtue of Article 18(2) of the Swiss citizens’ rights agreement,

is ordinarily resident in England on the first day of the HE short course,

has been ordinarily resident throughout the three-year period preceding the first day of the course in either—

in a case where the person’s ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily immediately before the period of ordinary residence referred to in that paragraph in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland.

is the child of a Turkish worker (“T”), where T was ordinarily resident in the United Kingdom immediately before IP completion day,

immediately before IP completion day, was the child of T and ordinarily resident in the United Kingdom,

is ordinarily resident in England on the first day of the HE short course, and

has been ordinarily resident throughout the three-year period preceding the first day of the HE short course in either—

A person—

Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as ordinarily resident in the United Kingdom and Islands in accordance with regulation 2(6).

A person granted leave under one of the Afghan Schemes who is ordinarily resident in England on the first day of the HE short course.

A person who—

A person who—

In this paragraph “leave application date” means the date on which the person granted leave under one of the Afghan Schemes made an application for leave to enter or remain in the United Kingdom.

A person granted leave under one of the Ukraine Schemes who is ordinarily resident in England on the first day of the HE short course.

A person who—

A person who—

In this paragraph “leave application date” means the date on which the person granted leave under one of the Ukraine Schemes made an application for leave to enter or remain in the United Kingdom.

they are expelled from their HE short course;

the start date or the completion date of their HE short course changes;

their home or term-time address or telephone number changes;

their name changes.

an applicant or an eligible student is expelled from their HE short course;

the start date or the completion date of an applicant’s or eligible student’s HE short course changes.