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Regulation 3 Eligible studentsI1

England and Wales

(1)

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

(2)

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

(a)

in assessing P’s application for an HESC loan, the Secretary of State determines that either—

(i)

P falls within one of the categories set out in Part 2 of Schedule 1, and has ratified any agreement for a loan (other than an excluded agreement) made with P when P was under the age of 18, or

(ii)

P is a returning student,

(b)

P is not in breach of any obligation to repay any loan, and

(c)

P has not, in the opinion of the Secretary of State, shown by P’s conduct that P is unfitted to receive support.

(3)

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 1980f1;

    2. (b)

      the Education (Student Loans) Act 1990f2;

    3. (c)

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

    4. (d)

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

    5. (e)

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

    6. (f)

      regulations made under either of those Orders.

(4)

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

(a)

P took out an HESC loan in connection with a course which began before the current course (referred to in this regulation as a “previous course”),

(b)

P begins the current course within the period of 12 months beginning with the first day of the previous course, and

(c)

there has been no relevant change in P’s circumstances since P was determined to be an eligible student in connection with the previous course.

(5)

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

(a)

where the Secretary of State determined that P was an eligible student in connection with the reference course by virtue of P being ordinarily resident in England, or the United Kingdom, P has ceased to be ordinarily resident in England or, as the case may be, the United Kingdom;

(b)

where the Secretary of State determined that P was an eligible student in connection with the reference course by virtue of P undertaking the course in England, P has ceased to undertake the course in England;

(c)

where the Secretary of State determined that P was an eligible student in connection with the reference course by virtue of P being a refugee, or the spouse, civil partner, child or step-child of a refugee (“R”)—

(i)

the refugee status of P or, as the case may be, R has expired, F1...

(ii)

no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the 2002 Actf5) F2, and

(iii)

the person (P or R) whose refugee status has expired has not become a British or Irish citizen;

(d)

where the Secretary of State determined that P was an eligible student in connection with the reference course by virtue of P being a person with humanitarian protection, or the spouse, civil partner, child or step-child of a person with humanitarian protection (“H”)—

(i)

the period for which P or, as the case may be, H is allowed to stay in the United Kingdom has expired, F3...

(ii)

no further leave to remain is granted and no appeal is pending (within the meaning of section 104 of the 2002 Act) F4, and

(iii)

the person (P or H) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen;

(e)

where the Secretary of State determined that P was an eligible student in connection with the reference course by virtue of P being a person granted Calais leave, a person granted section 67 leave or a person granted stateless leave, or the spouse, civil partner, child or step-child of any such person (“S”)—

(i)

the period for which P or, as the case may be, S is allowed to stay in the United Kingdom, or the United Kingdom and Islands, has expired, F5...

(ii)

no further leave to remain has been granted F6, and

(iii)

the person (P or S) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen;

(f)

where the Secretary of State determined that P was an eligible student in connection with the reference course by virtue of P being a person with protected rights with limited leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules—

(i)

P no longer has extant limited leave to enter or remain granted by virtue of those rules, F7...

(ii)

no further leave to enter or remain has been granted under those rules F8, and

(iii)

P has not become a British or Irish citizen;

(g)

where the Secretary of State determined that P was an eligible student in connection with the reference course by virtue of P being a person falling within paragraph (a)(iii) or (iv) of the definition of “person with protected rights” or meeting the conditions in paragraph 5(1)(a)(iii) of Part 2 of Schedule 1, P has ceased to be a person with protected rights F9and has not become a British or Irish citizen;

F10(h)

where the Secretary of State determined that P was an eligible student in connection with the reference course by virtue of being—

(i)

a person granted leave under one of the Afghan Schemes, or

(ii)

the spouse, civil partner, child or step-child of a person (“A”) granted leave under one of the Afghan Schemes,

the period for which P, or, as the case may be, A, is allowed to stay in the United Kingdom has expired F11and the person (P or A) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen;

F12(i)

where the Secretary of State determined that P was an eligible student in connection with the reference course by virtue of being—

(i)

a person granted leave under one of the Ukraine Schemes, or

(ii)

the spouse, civil partner, child or step-child of a person (“U”) granted leave under one of the Ukraine Schemes,

the period for which P, or, as the case may be, U, is allowed to stay in the United Kingdom has expired F13and the person (P or U) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen.

F14(j)

where the Secretary of State determined that P was an eligible student in connection with the reference course by virtue of paragraph 25 of Schedule 1 (long residence), the period for which P is allowed to stay in the United Kingdom has expired and P has not become a British or Irish citizen.

(6)

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

(a)

the previous course in connection with P’s application for an HESC loan for the current course, or

(b)

where P was determined to be a returning student in connection with the previous course mentioned in sub-paragraph (a) (“course A”)—

(i)

the HE short course which was the previous course in connection with P’s application for an HESC loan for course A, or

(ii)

where P was determined to be a returning student in connection with the previous course mentioned in paragraph (i) (“course B”), the HE short course which was the previous course in connection with P’s application for an HESC loan for course B.

(7)

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.

Annotations

Textual amendments

F1

Word in reg. 3(5)(c)(i) omitted (with application in accordance with reg. 2(4)(d) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 56(1)(a)(i)

F2

Reg. 3(5)(c)(iii) substituted (with application in accordance with reg. 2(4)(d) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 56(1)(a)(ii)

F3

Word in reg. 3(5)(d)(i) omitted (with application in accordance with reg. 2(4)(d) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 56(1)(b)(i)

F4

Reg. 3(5)(d)(iii) and word substituted (with application in accordance with reg. 2(4)(d) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 56(1)(b)(ii)

F5

Word in reg. 3(5)(e)(i) omitted (with application in accordance with reg. 2(4)(d) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 56(1)(c)(i)

F6

Reg. 3(5)(e)(iii) and word substituted (with application in accordance with reg. 2(4)(d) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 56(1)(c)(ii)

F7

Word in reg. 3(5)(f)(i) omitted (with application in accordance with reg. 2(4)(d) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 56(1)(d)(i)

F8

Reg. 3(5)(f)(iii) and word substituted (with application in accordance with reg. 2(4)(d) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 56(1)(d)(ii)

F9

Words in reg. 3(5)(g) inserted (with application in accordance with reg. 2(4)(d) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 56(1)(e)

F10

Reg. 3(5)(h) substituted (with application in accordance with reg. 2(6)(7)(9) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), reg. 129(a) (with reg. 141(2)(3))

F11

Words in reg. 3(5)(h) inserted (with application in accordance with reg. 2(4)(d) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 56(1)(f)

F12

Reg. 3(5)(i) substituted (with application in accordance with reg. 2(4)(5)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), reg. 129(b)

F13

Words in reg. 3(5)(i) inserted (with application in accordance with reg. 2(4)(d) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 56(1)(g)

F14

Reg. 3(5)(j) inserted (with application in accordance with reg. 2(5)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 56(1)(h)

Commencement

I1

Reg. 3 in force at 13.4.2022, see reg. 1(2)

Footnotes

f1

1980 c. 44.

f2

1990 c. 6. This Act was repealed by the 1998 Act.

f3

S.I. 1990/1506 (N.I. 11).

f4

S.I. 1998/1760 (N.I. 14).

f5

Section 104 was amended by paragraph 20 of Schedule 2, and Schedule 4, to the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), section 9 of the Immigration, Asylum and Nationality Act 2006 (c. 13), paragraph 47 of Schedule 9 to the Immigration Act 2014 (c. 22) and S.I. 2010/21.