The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020

Publication Date:January 01, 2020
 
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2020No. 48

EDUCATION, ENGLAND

The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020

Made22ndJanuary2020

Laid before Parliament23rdJanuary2020

Coming into force13thFebruary2020

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 22, 42(6) and 43(1) of the Teaching and Higher Education Act 1998( 1) and section 10(4)(b) of the Higher Education and Research Act 2017( 2).

Citation, commencement and application

1.—(1) These Regulations may be cited as the Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020 and come into force on 13th February 2020.

(2) The following regulations apply in relation to the provision of support to a student in relation to an academic year which begins on or after 1st August 2020, whether or not anything done under these regulations is done before, on, or after that date—

(a) regulation 4 (designation of courses in Northern Ireland, Scotland and Wales);

(b) regulation 8 (amendment of subject groups);

(c) regulation 11 and the Schedule (new payments relating to student support).

(3) The following regulations apply in relation to the provision of support to a student in relation to a course which begins on or after 1st August 2020 (the “current course”), whether or not anything done under these regulations is done before, on, or after that date—

(a) regulation 2 (persons granted indefinite leave to remain as victims of domestic violence or domestic abuse);

(b) regulation 3 (persons granted Calais leave to remain);

(c) regulation 14 (master's degree students who have previously received a grant from the Welsh Government);

(d) regulation 16 (doctoral degree students in receipt of funding under the educational psychology training scheme);

(e) regulation 17 (amendments relating to the amount of master's and doctoral degree loans).

(4) But regulation 17 does not apply in relation to the provision of support to a student who transfers on to the current course from a previous course.

(5) In paragraph (2), an “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.

Amendments relating to persons granted indefinite leave to remain as victims of domestic violence or domestic abuse

2.—(1) In Schedule 1 to the Education (Fees and Awards) (England) Regulations 2007( 3) (eligible students etc.), after paragraph 4B, insert—

“Persons granted indefinite leave to remain as a victim of domestic violence or domestic abuse

4C. A person—

(a) granted indefinite leave to remain in the United Kingdom under any of the following provisions of the immigration rules, as defined in section 33(1) of the Immigration Act 1971( 4)

(i) paragraph 289B (victims of domestic violence);

(ii) paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse); or

(iii) paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces);

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

(c) who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.”.

(2) In the Education (Student Support) (European University Institute) Regulations 2010( 5)

(a) in regulation 3 (interpretation)—

(i) after the definition of “Institute”, insert—

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

(ii) after the definition of “person granted humanitarian protection” insert—

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

(a) granted indefinite leave to remain in the United Kingdom under any of the following provisions of the immigration rules, as defined in section 33(1) of the Immigration Act 1971—

(i) paragraph 289B (victims of domestic violence);

(ii) paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse); or

(iii) paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces); and

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

(b) in Part 2 (categories) of Schedule 1 (eligible students), after paragraph 4B, insert—

“Persons granted indefinite leave to remain as a victim of domestic violence or domestic abuse

4C. A person granted indefinite leave to remain as a victim of domestic violence or domestic abuse, who is ordinarily resident in England on the relevant date.”.

(3) In the Education (Student Support) Regulations 2011( 6)

(a) in regulation 2(1) (interpretation), after the definition of “person granted humanitarian protection” insert—

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

(a) granted indefinite leave to remain in the United Kingdom under any of the following provisions of the immigration rules, as defined in section 33(1) of the Immigration Act 1971—

(i) paragraph 289B (victims of domestic violence);

(ii) paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse); or

(iii) paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces); and

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

(b) in regulation 17 (events giving rise to eligibility)—

(i) omit the “or” at the end of sub-paragraph (h);

(ii) after sub-paragraph (i) insert—

“(j) the student becomes a person granted indefinite leave to remain as a victim of domestic violence or domestic abuse; or”;

(c) in regulation 85(2) (students becoming eligible in the course of an academic year)—

(i) omit the “or” at the end of sub-paragraph (g);

(ii) after sub-paragraph (h) insert—

“(i) the student becomes a person granted indefinite leave to remain as a victim of domestic violence or domestic abuse; or”;

(d) in regulation 138(4) (students becoming eligible for support under Part 11A during the course of an academic year)—

(i) omit the “or” at the end of sub-paragraph (i);

(ii) after sub-paragraph (j) insert—

“(k) the student becomes a person granted indefinite leave to remain as a victim of domestic violence or domestic abuse; or”;

(e) in regulation 138A(2) (students becoming eligible for support under Part 11B in the course of an academic year)—

(i) omit the “or” at the end of sub-paragraph (g);

(ii) after sub-paragraph (h) insert—

“(i) the student becomes a person granted indefinite leave to remain as a victim of domestic violence or domestic abuse; or”;

(f) in regulation 160(2) (students becoming eligible in the course of an academic year)—

(i) omit the “or” at the end of sub-paragraph (g);

(ii) after sub-paragraph (h) insert—

“(i) the student becomes a person granted indefinite leave to remain as a victim of domestic violence or domestic abuse; or”;

(g) in Part 2 (categories) of Schedule 1 (eligible students), after paragraph 4B, insert—

“Persons granted indefinite leave to remain as a victim of domestic violence or domestic abuse

4C. A person granted indefinite leave to remain as a victim of domestic violence or domestic abuse, who is ordinarily resident in England on the first day of the first academic year of the course.”.

(4) In the Further Education Loans Regulations 2012( 7)

(a) in regulation 2 (interpretation), after the definition of “person granted humanitarian protection”, insert—

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

(a) granted indefinite leave to remain in the United Kingdom under any of the following provisions of the immigration rules, as defined in section 33(1) of the Immigration Act 1971—

(i) paragraph 289B (victims of domestic violence);

(ii) paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse); or

(iii) paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces); and

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

(b) In regulation 7 (events giving rise to eligibility)—

(i) omit the “or” at the end of sub-paragraph (h);

(ii) after sub-paragraph (i) insert—

“(j) the student becomes a person granted indefinite leave to remain as a victim of domestic violence or domestic abuse; or”;

(c) in Part 2 (categories) of Schedule 1 (eligible students), after paragraph 4B, insert—

“Persons granted indefinite leave to remain as a victim of domestic violence or domestic abuse

4C. A person granted indefinite leave to remain as a victim of domestic violence or domestic abuse, who is ordinarily resident in the United Kingdom on the first day of the designated further education course.”.

(5) In the Education (Postgraduate Master's Degree Loans) Regulations 2016( 8)

(a) in regulation 2(1) (interpretation), after the definition of “person granted humanitarian protection”, insert—

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

(a) granted indefinite leave to remain in the United Kingdom under any of the following provisions of the immigration rules, as defined in section 33(1) of the Immigration Act 1971—

(i) paragraph 289B (victims of domestic violence);

(ii) paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse); or

(iii) paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces); and

(b) who has been ordinarily resident in the United Kingdom and Islands since the person was...

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