PART 1N.I.

IntroductoryN.I.

Citation, commencement and applicationN.I.

1.—(1) These Regulations may be cited as the Education (Student Support, etc.) (Amendment) (No.2) Regulations (Northern Ireland) 2022.

(2) These Regulations come into operation on 1st September 2022.

(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 2022, whether or not anything done under these Regulations is done before, on, or after that date—

(a)regulation 3 to 10 (Evacuated or assisted British nationals from Afghanistan).

(4) 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 2022, whether or not anything done under these Regulations is done before, on, or after that date—

(a)regulation 11 to 33 (Persons from Ukraine).

(5) In paragraph (3) 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.

InterpretationN.I.

2.  In these Regulations —

(a)“the 2009 Regulations” means the Education (Student Support) (No.2) Regulations (Northern Ireland) 2009(4).

(b)“the 2007 Regulations” means The Student Fees (Qualifying Courses and Persons) Regulations (Northern Ireland) 2007(5).

PART 2N.I.

CHAPTER 1N.I.Evacuated or assisted British nationals from Afghanistan

Amendments to the 2009 RegulationsN.I.

3.  In regulation 5(2)(a)(6) (eligible students), for “and 14” substitute “, 14, 15 and 16”.

4.  In regulation 105(2)(a)(7) (eligible distance learning students), for “and 14” substitute “, 14, 15 and 16”.

5.  In regulation 122(2)(a)(8) (eligible part-time students), for “and 14” substitute “, 14, 15 and 16”.

6.  In regulation 139(3)(a)(i)(9) (eligible postgraduate students), for “and 14” substitute “, 14, 15 and 16”.

7.  In regulation 149 (2)(a)(10) (eligible master’s, etc. students), for “and 14” substitute “, 14, 15 and 16”.

8.  In Schedule 2 (eligible students)—

(a)in paragraph 1(1), after the definition of “European Economic Area”, insert—

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

(b)after paragraph 14(11), insert—

“Evacuated or assisted British nationals from Afghanistan

15.  An evacuated or assisted British national from Afghanistan who is ordinarily resident in Northern Ireland on the first day of the first academic year of the course.”.

Amendments to the 2007 RegulationsN.I.

9.  In regulation 5 (prescribed description of a qualifying person)—

(a)in paragraph (1)(c)(12), after “4G,” insert “4H,”;

(b)in paragraph (1A)(a)(13), after “4G,” insert “4H,”;

10.  In the Schedule—

(a)in paragraph 1(1), after the definition of “European Economic Area”, insert—

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

(b)after paragraph 4G(14), insert—

“Evacuated or assisted British nationals from Afghanistan

4H.  An evacuated or assisted British national from Afghanistan who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.”.

CHAPTER 2N.I.Persons from Ukraine

Amendments to the 2009 RegulationsN.I.

11.  In regulation 2(1) (interpretation),

(a)after the definition of “person granted leave under one of the Afghan Schemes”(15), insert—

““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 or a person granted leave under the Ukraine Family Scheme;”;

(b)after the definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme”(16), insert—

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

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

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

12.  In regulation 5(17) (eligible students)—

(a)after paragraph (11E), insert—

“(11F) Where—

(a)the Department determined that, by virtue of being a person granted leave under one of the Ukraine Schemes, a person (“A”) was—

(i)an eligible student in connection with an application for support for an earlier year of the current course, an application for support for a course in relation to which the current course is an end-on course or an application for support in connection with a designated part-time course, designated distance learning course or other designated course from which A’s status as an eligible student, eligible part-time student or eligible distance learning student has been transferred to the current course; or

(ii)a qualifying student in connection with an application for support for an earlier year of the qualifying course or other qualifying course from which A’s status as a qualifying student has been transferred to the qualifying course in respect of which the student is applying for support; and

(b)as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted leave under one of the Ukraine Schemes is allowed to stay in the United Kingdom has expired and no further leave to enter or remain has been granted,

A’s status as an eligible or qualifying student terminates immediately before the first day of the academic year in respect of which A is applying for support.”

13.  In regulation 18(18) (events)—

(a)in paragraph (m) omit the terminal “or”;

(b)in paragraph (n) for “.” substitute “; or”;

(c)after paragraph (n) insert—

“(o)the student becomes a person granted leave under one of the Ukraine Schemes.”

14.  In regulation 39(7)(19) (general qualifying conditions for grants for living and other costs) for “or (n)” substitute “, (n) or (o)”;

15.  In regulation 42(6)(20) (amount of the disabled students’ allowance) for “or (n)” substitute “, (n) or (o)”;

16.  In regulation 46(11)(21) (childcare grant) for “or (n)” substitute “, (n) or (o)”;

17.  In regulation 50A(2)(grants for travel – general) (22) for “or (n)” substitute “, (n) or (o)”;

18.  In regulation 57(5)(23) (qualifying conditions for the maintenance grant) for “or (n)” substitute “, (n) or (o)”;

19.  In regulation 59(5)(24) (qualifying conditions for the special support grant) for “or (n)” substitute “, (n) or (o)”;

20.  In regulation 74(2)(25) (students becoming eligible in the course of an academic year)—

(a)in paragraph (l) omit the terminal “or”;

(b)in paragraph (m) for “.” substitute “; or”;

(c)after paragraph (m) insert—

“(n)the student becomes a person granted leave under one of the Ukraine Schemes.”

21.  In regulation 105(26) (eligible distance learning students)—

(a)after paragraph (11E), insert—

“(11F) Where—

(a)the Department determined that, by virtue of being a person granted leave under one of the Ukraine Schemes, a person (“A”) was an eligible distance learning student in connection with—

(i)an application for support for an earlier year of the current course, or

(ii)an application for support in connection with a designated course, designated part-time course, or other designated course from which A’s status as an eligible student, eligible part-time student or eligible distance learning student has been transferred to the current course; and

(b)as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted leave under one of the Ukraine Schemes is allowed to stay in the United Kingdom has expired, and no further leave to enter or remain has been granted,

A’s status as an eligible distance learning student terminates immediately before the first day of the academic year in respect of which A is applying for support.”

22.  In regulation 106(27) (students becoming eligible in the course of an academic year)—

(a)in paragraph 1A for “or (o)” substitute “, (o) or (p)”;

(b)in paragraph 2 for “or (o)” substitute “, (o) or (p)”;

(c)in paragraph 3 for “or (o)” substitute “, (o) or (p)”;

(d)in paragraph (4)—

(i)in sub-paragraph (n) omit “or”;

(ii)in sub-paragraph (o) after “Schemes” for “.” substitute “; or”;

(iii)after sub-paragraph (o), insert—

“(p)the student becomes a person granted leave under one of the Ukraine Schemes.”

23.  In regulation 122(28) (eligible part-time students)—

(a)after paragraph (10E), insert—

“(10F) Where—

(a)the Department determined that, by virtue of being a person granted leave under one of the Ukraine Schemes, a person (“A”) was an eligible part-time student in connection with—

(i)an application for support for an earlier year of the current part-time course, or

(ii)an application for support in connection with a designated course, designated distance learning course, or other designated course from which A’s status as an eligible student, eligible part-time student or eligible distance learning student has been transferred to the current course; and

(b)as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted leave under one of the Schemes is allowed to stay in the United Kingdom has expired and no further leave to enter or remain has been granted,

A’s status as an eligible part-time student terminates immediately before the first day of the academic year in respect of which A is applying for support.”

24.  In regulation 123(29) (students becoming eligible during the course of an academic year)—

(a)in paragraph 1A for “or (o)” substitute “, (o) or (p)”;

(b)in paragraph 2 for “or (o)” substitute “, (o) or (p)”;

(c)in paragraph (3)—

(i)in sub-paragraph (n) omit “or”;

(ii)in sub-paragraph (o) after “Schemes” for “.” substitute “; or”;

(iii)after sub-paragraph (o), insert—

“(p)the student becomes a person granted leave under one of the Ukraine Schemes.”

25.  In regulation 130(7)(30) (disabled part-time students’ allowance) for “or (o)” substitute “, (o) or (p)”.

26.  In regulation 139(31) (eligible postgraduate students)—

(a)after paragraph (12E), insert—

“(12F) Where—

(a)the Department determined that, by virtue of being a person granted leave under one of the Ukraine Schemes, a person (“A”) was an eligible postgraduate student in connection with—

(i)an application for support for an earlier year of the current postgraduate course, or

(ii)an application for support in connection with another designated postgraduate course from which A’s status as an eligible postgraduate student has been transferred to the current postgraduate course; and

(b)as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted leave under one of the Ukraine Schemes is allowed to stay in the United Kingdom has expired and no further leave to enter or remain has been granted,

A’s status as an eligible postgraduate student terminates immediately before the first day of the academic year in respect of which A is applying for support.”

27.  In regulation 140(2)(32) (students becoming eligible in the course of an academic year)—

(a)in paragraph (l) omit the terminal “or”;

(b)in paragraph (m) for “.” substitute “; or”;

(c)after paragraph (m) insert—

“(n)the student becomes a person granted leave under one of the Ukraine Schemes.”

28.  In regulation 149(33) (eligible master’s, etc. students)—

(a)after paragraph (11E), insert—

“(11F) Where—

(a)the Department determined that, by virtue of being a person granted leave under one of the Ukraine Schemes, a person (“A”) was an eligible Master’s, etc. student in connection with—

(i)an application for support for an earlier year of the current Master’s etc. course, or

(ii)an application for support in connection with another designated Master’s etc. course from which A’s status as an eligible Master’s etc. student has been transferred to the current course; and

(b)as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted leave under one of the Ukraine Schemes is allowed to stay in the United Kingdom has expired and no further leave to enter or remain has been granted,

A’s status as an eligible Master’s, etc. student terminates immediately before the first day of the academic year in respect of which A is applying for support.”

29.  In regulation 151(34) (events)—

(a)in paragraph (m) omit the terminal “or”;

(b)in paragraph (n) for “.” substitute “; or”;

(c)after paragraph (n) insert—

“(o)the student becomes a person granted leave under one of the Ukraine Schemes.”

30.  In Schedule 2 (eligible students), after the newly inserted paragraph 15, insert—

“Persons granted leave under one of the Ukraine Schemes

16.  A person granted leave under one of the Ukraine Schemes, who is ordinarily resident in Northern Ireland on the first day of the first academic year of the course.”

Amendments to the 2007 RegulationsN.I.

31.  In regulation 5(1)(c)(35), after the newly inserted “4H,” insert “4I,”;

32.  In regulation 5(1A)(a), after the newly inserted “4H,” insert “4I,”;

33.  In the Schedule—

(a)in paragraph (1) after the definition of “person granted leave under one of the Afghan Schemes”(36), insert—

““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 or a person granted leave under the Ukraine Family Scheme;”;

(b)after the definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme”(37), insert—

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

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

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

(c)After the newly inserted paragraph 4H, insert—

“Persons granted leave under one of the Ukraine Schemes

4I.  A person granted leave under one of the Ukraine Schemes who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.”.

CHAPTER 3N.I.Miscellaneous

Amendments to the 2009 RegulationsN.I.

34.  In Regulation 18 (events)—

(a)in paragraph (e)(38) after “paragraph 3” insert “(1)”;

(b)in paragraph (h)(39) after “paragraph 11” insert “(1)”;

35.  In Regulation 106(4) (students becoming eligible during the course of the academic year)—

(a)in the second sub-paragraph lettered “(d)”(40) re-letter to “(f)”;

(b)in the newly re-lettered sub-paragraph (f)(41) after “paragraph 3” insert “(1)”;

(c)in sub-paragraph (h)(42) after “paragraph 11” insert “(1)”;

36.  In Regulation 123(3) (students becoming eligible during the course of the academic year)—

(a)in the second sub-paragraph lettered “(d)”(43) re-letter to “(f)”;

(b)in the newly re-numbered sub-paragraph (f) after “paragraph 3” insert “(1)”;

37.  In Regulation 140(2)(44) (students becoming eligible during the course of the academic year)—

(a)for sub-paragraph (d) substitute—

“(d)the student becomes a person described in paragraph 3(1)(a) of Schedule 2;”

38.  In Regulation 151 (events)—

(a)in the second sub-paragraph lettered “(d)”(45) re-letter to “(e)”;

(b)in the newly re-numbered sub-paragraph (e) after “paragraph 3” insert “(1)”;

Sealed with the Official Seal of the Department for the Economy on 11th August 2022.

Ms Heather Cousins

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”.

Regulations 3 to 10 amend the 2009 Regulations and the 2007 Regulations respectively for new courses which begin on or after 1st August 2022 so that British nationals evacuated or assisted from Afghanistan become eligible for support.

Regulation 11 to 33 amend the 2009 Regulations and the 2007 Regulations respectively so that persons under the Ukraine Schemes (Homes for Ukraine Sponsorship Scheme, Ukraine Family Scheme and Ukraine Extension Scheme) become eligible for support for new and existing courses from the beginning of academic year 2022/23.

Regulations 34 to 38 amend provisions of the 2009 Regulations that had been either been amended incorrectly or not amended where amendments were required.

An impact assessment has not been produced for this rule as no, or no significant impact on the private, voluntary or public sectors is foreseen.