Regulation 7 Students who become eligible students after the start of an HE short courseI1

England and Wales

(1)

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.

(2)

The events mentioned in paragraph (1) are—

(a)

the student, or the student’s spouse, civil partner, parent or step-parent, is recognised as a refugee;

(b)

the student, or the student’s spouse, civil partner, parent or step-parent, becomes a person granted stateless leave or a person granted humanitarian protection;

(c)

the student becomes a person granted section 67 leave;

(d)

the student becomes a person granted Calais leave;

(e)

the student F2or the student’s parent becomes a person granted indefinite F3leave to enter or remain as a victim or domestic violence or domestic abuse;

(f)

the student F4or the student’s parent becomes a person granted indefinite leave to remain as a bereaved partner;

(g)

the student F5, or the student’s spouse, civil partner, parent or step-parent, becomes a person granted leave under one of the Afghan Schemes;

F6(ga)

the student becomes a person described in paragraph 3 of Part 2 of Schedule 1;

(gb)

the student becomes a person described in paragraph 4 of Part 2 of Schedule 1;

(h)

the student becomes a person described in paragraph 5(1)(a) of Part 2 of Schedule 1;

(i)

the student becomes a person described in paragraph 13(1)(a) of Part 2 of Schedule 1;

F7(ia)

the student becomes a person described in paragraph 19 of Part 2 of Schedule 1;

(j)

the student becomes a person described in paragraph 23(a) of Part 2 of Schedule 1;

(k)

the student becomes a family member described in paragraph 16(1)(a), 17(1)(a), 20(1)(a) or 21(1)(a) of Part 2 of Schedule 1.

F8(l)

the student F9, or the student’s spouse, civil partner, parent or step-parent, becomes a person granted leave under one of the Ukraine Schemes.

F10(3)

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.

(4)

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.

Annotations

Textual amendments

F1: Words in reg. 7(1) substituted (with application in accordance with reg. 2(4)(5)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), reg. 128(2)
F2: Words in reg. 7(2)(e) inserted (with application in accordance with reg. 2(4)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 57(1)
F3: Words in reg. 7(2)(e) substituted (with application in accordance with reg. 2(4)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 55(1)
F4: Words in reg. 7(2)(f) inserted (with application in accordance with reg. 2(4)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 57(1)
F5: Words in reg. 7(2)(g) inserted (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. 131(a) (with reg. 141(2)(3))
F6: Reg. 7(2)(ga)(gb) inserted (with application in accordance with reg. 2(4)(c) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 58(1)(a)
F7: Reg. 7(2)(ia) inserted (with application in accordance with reg. 2(4)(c) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 58(1)(b)
F8: Reg. 7(2)(l) inserted (with application in accordance with reg. 1(4)(h) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/534), regs. 1(1), 25(4)
F9: Words in reg. 7(2)(l) inserted (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. 131(b)
F10: Reg. 7(3)(4) inserted (with application in accordance with reg. 2(4)(5)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), reg. 128(3)

Commencement

I1: Reg. 7 in force at 13.4.2022, see reg. 1(2)