The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2024

CHAPTER 9N.I.Amendments relating to students becoming eligible for student support in the course of an academic year

Amendments to the 2009 RegulationsN.I.

35.  In regulation 2 (interpretation) (as amended by regulations 10, 19, 22, and 31 of these regulations)—

(a)in the heading, after interpretation insert “: general”;

(b)in paragraph (1)—

(i)after the definition of “contribution” insert—

““course designation event” has the meaning given in regulation 2A(5);”;

(ii)after the definition of “disabled students’ allowance” insert—

““distance learning designation event” has the meaning given in regulation 2A(6);”;

(iii)after the definition of “intensive course” insert—

““in-year qualifying event” has the meaning given in regulation 2A(2);”;

(iv)after the definition of “long courses loan” insert—

““Master’s, etc. designation event” has the meaning given in regulation 2A(9);”;

(v)after the definition of “ordinary duration” insert—

““part-time course designation event” has the meaning given in regulation 2A(7);”;

(vi)after the definition of “person with protected rights” insert—

““postgraduate course designation event” has the meaning given in regulation 2A(8);”;

(vii)after the definition of “private institution” insert—

““protected category event” has the meaning given in regulation 2A(3);”;

(viii)after the definition of “Scottish healthcare allowance” insert—

““settled status event” has the meaning given in regulation 2A(4);”.

36.  After regulation 2 insert—

“Meaning of “in-year qualifying event”, “protected category event”, “settled status event”, “course designation event” etc. and related matters

2A.—(1) This regulation defines “in-year qualifying event”, “protected category event”, “settled status event”, “course designation event”, “distance learning designation event”, “part-time course designation event”, “postgraduate course designation event” and “Master’s, etc. designation event”, makes related provision for the purposes of these Regulations.

(2) “In-year qualifying event”, in relation to a student, means—

(a)a protected category event which occurs after the course start date;

(b)a settled status event;

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

(d)where regulation 5(2A), 105(2A), 122(2A), 139(3A) or 149(2A) applies, the student becomes a person described in paragraph 12(a) of Part 2 of Schedule 2;

(e)the student becomes a person described in paragraph 6A(1)(a) or 6B(1)(a) of Part 2 of Schedule 2, or where regulation 5(2A), 105(2A), 122(2A), 139(3A) or 149(2A) applies, in paragraph 6(1)(a) of Part 2 of Schedule 2;

(f)the student becomes a person described in paragraph 11A(a) of Part 2 of Schedule 2 or, where regulation 5(2A), 105(2A), 122(2A), 139(3A) or 149(2A) applies, in paragraph 11(1)(a) of Part 2 of Schedule 2; or

(g)the student becomes a person described in paragraph 9B(1)(a)(ii) of Part 2 of Schedule 2.

(3) “Protected category event”, in relation to a student, means—

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

(b)the student or the student’s spouse, civil partner or parent becomes a person granted stateless leave;

(c)the student or the student’s spouse, civil partner or parent becomes a person granted humanitarian protection;

(d)the student or the student’s spouse, civil partner or parent becomes a person granted leave to enter or remain on the grounds of discretionary leave;

(e)the student becomes a person granted section 67 leave;

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

(g)the student becomes a person granted Calais leave;

(h)the student becomes a person granted indefinite leave to remain as a bereaved partner;

(i)the student or the student’s spouse, civil partner or parent becomes a person granted leave under one of the Afghan Schemes; or

(j)the student or the student’s spouse, civil partner or parent becomes a person granted leave under one of the Ukraine Schemes.

(4) “Settled status event”, in relation to a student, means the student becomes a family member described in paragraph 9A(1)(a), 9C(1)(a) or 9D(1)(a) of Part 2 of Schedule 2.

(5) “Course designation event”, in relation to a course, means the course becomes a course designated under regulation 6;

(6) “Distance learning designation event”, in relation to a course, means the course becomes a course designated under regulation 107;

(7) “Part-time course designation event”, in relation to a course, means the course is designated under regulation 124;

(8) “Postgraduate course designation event”, in relation to a course, means the course is designated under regulation 141;

(9) “Master’s, etc. designation event”, in relation to a course, means the course is designated under regulation 152;

(10) Where a protected category event occurs in relation to a student after the course start date, paragraph (11) applies for the purposes of determining whether that event results in the student becoming an eligible student, eligible distance learning student, eligible part-time student, eligible postgraduate student or eligible Master’s etc student.

(11) The student is to be treated, for the purposes of determining whether the student satisfies any requirement in Schedule 2 to be ordinarily resident in Northern Ireland on the course start date, as if the student was, on the course start date, lawfully residing in the place where the student was residing on that date.”.

37.  In regulation 10(2)(a) (time limits), for “one of the events listed in regulation 18” substitute “an in-year qualifying event or a course designation event”.

38.  For regulation 17 (students becoming eligible during the course of an academic year) substitute—

“17.    Students becoming eligible during the course of an academic year

(1) Subject to paragraph 1(d) where—

(a)a course designation event which results in a student’s course becoming a designated course occurs in the course of an academic year;

(b)a protected category event which results in a student becoming an eligible student occurs—

(i)in the course of the first academic year of a course; and

(ii)on or before the course start date; or

(c)an in-year qualifying event which results in a student becoming an eligible student occurs within the first three months of an academic year,

the student may qualify for a fee loan in accordance with this Part in respect of that academic year;

(d)a fee loan is not available in respect of any academic year beginning before the academic year in which the event in question occurs.”.

39.  Omit regulation 18(1) (events).

40.  In regulation 39(general qualifying conditions for grants for living and other costs), for paragraph (7)(2) substitute—

“(7) Where a protected category event which results in a student becoming an eligible student occurs—

(a)in the course of the first academic year of a course; and

(b)on or before the course start date,

the student may qualify for a particular grant in accordance with this Part in respect of that academic year.

(7A) Subject to paragraph (7B), where—

(a)a course designation event which results in a student’s course becoming a designated course occurs in the course of an academic year; or

(b)an in-year qualifying event (other than a settled status event) which results in a student becoming an eligible student occurs in the course of an academic year,

the student may qualify for a particular grant in accordance with this Part in respect of part of that academic year.

(7B) student does not qualify for such a grant in respect of any academic year beginning before the academic year in which the event in question occurs.”.

41.  In regulation 42 (amount of disabled students’ allowance), for paragraph (6)(3) substitute—

“(6) Where a protected category event which results in a student becoming an eligible student occurs—

(a)in the course of the first academic year of a course; and

(b)on or before the course start date,

the student may qualify for the disabled students’ allowance in respect of the four quarters of that academic year.

(6A) Where—

(a)a course designation event which results in a student’s course becoming a designated course occurs in the course of an academic year; or

(b)an in-year qualifying event (other than a settled status event) which results in a student becoming an eligible student occurs in the course of an academic year,

the student may qualify for the disabled students’ allowance in respect of the qualifying quarters.

(6B) For the purposes of paragraph (6A) “the qualifying quarters” means—

(a)the quarter in which the relevant event occurs; and

(b)if relevant, such other quarters as begin after the relevant event occurs.”.

42.  In regulation 46 (childcare grant), for paragraph (11)(4) substitute—

“(11) Where a protected category event which results in a student becoming an eligible student occurs—

(a)in the course of the first academic year of a course; and

(b)on or before the course start date,

the student may qualify for a childcare grant in respect of the four quarters of that academic year.

(11A) Where—

(a)a course designation event which results in a student’s course becoming a designated course occurs in the course of an academic year; or

(b)an in-year qualifying event (other than a settled status event) which results in a student becoming an eligible student occurs in the course of an academic year,

the student may qualify for a childcare grant in respect of such quarters of the academic year as begin after the event in question occurs.”.

43.  In regulation 48(8)(d) (calculations) for “an event referred to in regulation 18” substitute—

“—

(i)course designation event, or

(ii)an in-year qualifying event (other than a settled status event)”.

44.  For regulation 50A(5) substitute—

“Quarters in respect of which grant for travel is payable

50A.—(1) Subject to paragraphs (2) and (3), a grant for travel is payable in respect of the four quarters of the academic year.

(2) Where a protected category event which results in a student becoming an eligible student occurs—

(a)in the course of the first academic year of a course; and

(b)on or before the course start date,

the student may qualify for a grant for travel in respect of the four quarters of the first academic year of the course.

(3) Where—

(a)a course designation event which results in a student’s course becoming a designated course occurs in the course of an academic year; or

(b)an in-year qualifying event (other than a settled status event) which results in a student becoming an eligible student occurs in the course of an academic year,

the student may qualify for a grant for travel in respect of such quarters of the academic year as begin after the event in question occurs.”.

45.  In regulation 57 (qualifying conditions for maintenance grants) (as amended by regulation 12 of these regulations), for paragraph (5)(6) substitute—

“(5) Where a protected category event which results in a student becoming an eligible student occurs—

(a)in the course of the first academic year of a course; and

(b)on or before the course start date,

the student may qualify for a maintenance grant in respect of the four quarters of that academic year.

(5A) Where—

(a)a course designation event which results in student’s course becoming a designated course occurs in the course of an academic year; or

(b)an in-year qualifying event (other than a settled status event) which results in a student becoming an eligible student occurs in the course of an academic year,

the student may qualify for a maintenance grant in respect of such quarters of the academic year as begin after the event in question occurs.”.

46.  In regulation 59 (qualifying conditions for special support grant), for paragraph (5)(7) substitute—

“(5) Where a protected category event which results in a student becoming an eligible student occurs—

(a)in the course of the first academic year of a course; and

(b)on or before the course start date,

the student may qualify for a special support grant in respect of the four quarters of that academic year.

(5A) Where—

(a)a course designation event which results in student’s course becoming a designated course occurs in the course of an academic year; or

(b)an in-year qualifying event (other than a settled status event) which results in a student becoming an eligible student occurs in the course of an academic year,

the student may qualify for a special support grant in respect of such quarters of the academic year as begin after the event in question occurs.”.

47.  In regulation 74(8) (students becoming eligible in the course of an academic year)—

(a)for paragraph (1) substitute—

“(1) Where any of the following events occur in the course of an academic year, a student may qualify for a loan for living costs in respect of such quarters in respect of which such a loan is payable as beginning after the event in question occurs—

(a)a course designation event which results in the student’s course becoming a designated course; or

(b)an in-year qualifying event (other than a settled status event) which results in the student becoming an eligible student.

(1A) Where a protected category event which results in a student becoming an eligible student occurs—

(a)in the course of the first academic year of a course; and

(b)on or before the course start date,

the student may qualify for a loan for living costs in respect of all quarters of that academic year in respect of which a loan for living costs is payable.”.

(b)omit paragraph (2).

48.  For regulation 106 (students becoming eligible during the course of the academic year) substitute—

“106.    Students becoming eligible during the course of the academic year

(1) Subject to paragraph (1)(d) where—

(a)a distance learning course designation event which results in a student’s course becoming a designated distance learning course occurs in the course of an academic year;

(b)a protected category event which results in a student becoming an eligible distance learning student occurs—

(i)in the course of the first academic year of a course; and

(ii)on or before the course start date; or

(c)an in-year qualifying event occurs within the first three months of an academic year which results in a student becoming an eligible distance learning student,

the student may qualify for a fee grant in accordance with this Part in respect of that academic year;

(d)a fee grant is not available in respect of any academic year beginning before the academic year in which the event in question occurs.”.

(2) Subject to paragraph (2)(d) where—

(a)a distance learning course designation event which results in a student’s course becoming a designated distance learning course occurs in the course of an academic year;

(b)a protected category event which results in a student becoming an eligible distance learning student occurs—

(i)in the course of the first academic year of a course; and

(ii)on or before the course start date; or

(c)an in-year qualifying event occurs within the first three months of an academic year which results in a student becoming an eligible distance learning student,

the student may qualify for a distance learning fee loan in accordance with this Part in respect of that academic year;

(d)a distance learning fee loan is not available in respect of any academic year beginning before the academic year in which the event in question occurs.

(3) Subject to paragraph (3)(d) where—

(a)a distance learning course designation event which results in a student’s course becoming a designated distance learning course occurs in the course of an academic year; or

(b)a protected category event which results in a student becoming an eligible distance learning student occurs—

(i)in the course of the first academic year of a course; and

(ii)on or before the course start date; or

(c)an in-year qualifying event (other than a settled status event) which results in a student becoming an eligible distance learning student occurs within the first three months of an academic year,

the student may qualify for a grant for books, travel and other expenditure in respect of such quarters, in respect of which a loan for living costs is payable, beginning after the event in question occurs;

(d)a grant for books, travel and other expenditure is not available in respect of any academic year beginning before the academic year in which the event in question occurs.

(4) Subject to paragraph (4)(d) where—

(a)a distance learning course designation event which results in a student’s course becoming a distance learning course occurs in the course of an academic year; or

(b)a protected category event which results in a student becoming an eligible distance learning student occurs—

(i)in the course of the first academic year of a course; and

(ii)on or before the course start date; or

(c)an in-year qualifying event (other than a settled status event) which results in a student becoming an eligible distance learning student occurs within the first three months of an academic year,

the student may qualify for disabled distance learning students’ allowance in respect of such quarters, in respect of which a loan for living costs is payable, beginning after the event in question occurs;

(d)a disabled distance learning students’ allowance is not available in respect of any academic year beginning before the academic year in which the event in question occurs.”.

49.  In Regulation 112 (disabled distance learning students’ allowance), in paragraph (8) for “106(3)” substitute “106(4)”.

50.  In Regulation 113 (6)(a) (applications for support), for “one of the events listed in paragraph (4) of regulation 106” substitute “an event falling within regulation 106”.

51.  For regulation 123(9) (students becoming eligible during the course of the academic year) substitute—

“123.    Students becoming eligible during the course of the academic year

(1) Subject to paragraph (1)(d) where—

(a)a part-time course designation event which results in a student’s course becoming a designated part-time course occurs in the course of an academic year;

(b)a protected category event which results in a student becoming an eligible part-time student occurs—

(i)in the course of the first academic year of a course; and

(ii)on or before the course start date; or

(c)an in-year qualifying event occurs within the first three months of an academic year which results in a student becoming an eligible part-time student,

the student may qualify for a fee grant in accordance with this Part in respect of that academic year;

(d)a fee grant is not available in respect of any academic year beginning before the academic year in which the event in question occurs.”.

(2) Subject to paragraph (2)(d) where—

(a)a part-time course designation event which results in a student’s course becoming a designated part-time course occurs in the course of an academic year;

(b)a protected category event which results in a student becoming an eligible part-time student occurs—

(i)in the course of the first academic year of a course; and

(ii)on or before the course start date; or

(c)an in-year qualifying event occurs within the first three months of an academic year which results in a student becoming an eligible part-time student,

the student may qualify for a part-time fee loan in accordance with this Part in respect of that academic year;

(d)a part-time fee loan is not available in respect of any academic year beginning before the academic year in which the event in question occurs.

(3) Subject to paragraph (3)(d) where—

(a)a part-time course designation event which results in a student’s course becoming a designated part-time course occurs in the course of an academic year; or

(b)a protected category event which results in a student becoming an eligible part-time student occurs—

(i)in the course of the first academic year of a course; and

(ii)on or before the course start date; or

(c)an in-year qualifying event (other a settled status event) which results in a student becoming an eligible student occurs within the first three months of an academic year,

the student may qualify for a grant for books, travel and other expenditure in respect of such quarters, in respect of which a loan for living costs is payable, beginning after the event in question occurs;

(d)a grant for books, travel and other expenditure is not available in respect of any academic year beginning before the academic year in which the event in question occurs.

(4) Subject to paragraph to (4)(d) where—

(a)a part-time course designation event which results in a student’s course becoming a part-time course occurs in the course of an academic year; or

(b)a protected category event which results in a student becoming an eligible part-time student occurs—

(i)in the course of the first academic year of a course; and

(ii)on or before the course start date; or

(c)an in-year qualifying event (other a settled status event) which results in a student becoming an eligible student occurs within the first three months of an academic year,

the student may qualify for disabled part-time students’ allowance in respect of such quarters, in respect of which a part-time fee loan is payable, beginning after the event in question occurs.

(d)a disabled part-time students’ allowance is not available in respect of any academic year beginning before the academic year in which the event in question occurs.”.

52.  In Regulation 130 (disabled part-time students’ allowance), in paragraph (7)(10) for the wording from “regulation 123” to “(p)” substitute “123(4)”.

53.  In Regulation 131 (applications for support), in sub-paragraph (6)(a) omit for “one of the events listed in paragraph (3) of regulation 123” substitute “an event falling within regulation 123”.

54.  In regulation 140(11) (students becoming eligible in the course of an academic year)—

(a)for paragraph (1) substitute—

“(1) Where any of the following events occur in the course of an academic year, a student may qualify for a grant under this Part in respect of which is payable as beginning after the event in question occurs—

(a)a course designation event which results in the student’s course becoming a designated course; or

(b)an in-year qualifying event (other than a settled status event) which results in the student becoming an eligible student.

(1A) Where a protected category event which results in a student becoming an eligible student occurs—

(a)in the course of the first academic year of a course; and

(b)on or before the course start date,

the student may qualify for a grant under this Part in respect of all quarters of that academic year in respect of which a loan for living costs is payable.”.

(b)omit paragraph (2).

55.  In Regulation 146 (amount of grant), in sub-paragraph (5) omit “(2)”.

56.  For regulation 150(12) (students becoming eligible during the course of an academic year) substitute—

“150.    Students becoming eligible during the course of an academic year

(1) Subject to paragraph (1)(d) where—

(a)a master’s, etc designation event which results in a student’s course becoming a designated master’s, etc. course occurs in the course of an academic year;

(b)a protected category event which results in a student becoming an eligible master’s, etc. student occurs—

(i)in the course of the first academic year of a course; and

(ii)on or before the course start date; or

(c)an in-year qualifying event which results in a student becoming an eligible master’s, etc. student occurs within the first three months of an academic year,

the student may qualify for a master’s, etc. fee loan in accordance with this Part in respect of that academic year;

(d)a master’s etc. fee loan is not available in respect of any academic year beginning before the academic year in which the event in question occurs.”.

57.  Omit regulation 151(13) (events).

58.  In Regulation 159(14) (time limits) in sub-paragraph (2)(a) for “one of the events listed in 151” substitute “an in-year qualifying event”.

Amendments to the 2007 RegulationsN.I.

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

(a)after paragraph (1)(15) insert —

“(1ZA) Subject to paragraphs (1) and (1C), a qualifying person is a person who—

(a)falls within a settled category or a protected category—

(i)on the course start date, where the relevant academic year is the first academic

year of the person’s course, or

(ii)otherwise, on the first day of a relevant academic year;

(b)falls within a prescribed category on the first day of a relevant academic year.

(1ZB) Paragraph (1ZA) includes a person who undertakes a qualifying course in an academic year which began before 1st September 2024 but who nevertheless falls within a settled category, a protected category or a prescribed category on the first day of an academic year commencing on or after that date.”

(b)in paragraph (1A)(a), omit—

(i)“2A,”;

(ii)“4, 4A, 4B, 4C, 4D, 4E, 4F, 4G, 4H, 4I, 5,”;

(iii)“8A,”.

(c)in paragraph (6) for “Where” substitute “Subject to paragraphs 8 to 10 where”

(d)after paragraph (7) insert—

“(8) Where a protected category event occurs in relation to a person after the course start date, paragraph (9) applies for the purposes of determining whether the person falls within a prescribed category on the first day of the relevant academic year.

(9) The person is, for the purposes of determining whether they satisfy any requirement in Part 2 of the Schedule that they are ordinarily resident in the United Kingdom on the course start date, to be treated as if the person was, on the course start date, lawfully residing in the place where the person was residing on that date.

(10) For the purposes of this regulation—

“protected category” means any category of persons described in paragraph 4, 4A, 4B, 4C, 4D, 4E, 4F, 4G, 4H,4I or 5 of Part 2 of the Schedule;

“protected category event” means —

(a)the student or the student’s spouse, civil partner or parent is recognised as a refugee

or becomes a person granted humanitarian protection or becomes a person granted

stateless leave or becomes a person with leave to enter or remain on the grounds of

discretionary leave;

(b)the student becomes a person granted section 67 leave;

(c)the student becomes a person granted Calais leave;

(d)the student becomes a person granted indefinite leave to remain as a bereaved partner;

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

(f)the student or the student’s spouse, civil partner or parent becomes a person granted leave under one of the Afghan Schemes; or

(g)the student or the student’s spouse, civil partner or parent becomes a person granted leave under one of the Ukraine Schemes.

“relevant academic year” means an academic year beginning on or after 1st September 2024;

“settled category” means any category of persons described in paragraph 2 or 8A of the Schedule.”.