The Education (Student Fees, Awards and Support) (Amendment) Regulations 2011

• Citation: S.I. 2011/87
• Sections: 13

Section 1 Citation, commencement and application

(1) These Regulations may be cited as the Education (Student Fees, Awards and Support) (Amendment) Regulations 2011.

(2) These Regulations come into force on the 22nd day after these Regulations are laid before Parliament.

(3) These Regulations apply in relation to England .

Section 2 Interpretation

In these Regulations—

“ Fees Regulations ” means the Education (Fees and Awards) (England) Regulations 2007 ;

“ QCP Regulations ” means the Student Fees (Qualifying Courses and Persons) (England) Regulations 2007 ;

“ SSR 2009 ” means the Education (Student Support) Regulations 2009 .

Section 3 Amendment to the Fees Regulations, QCP Regulations and SSR 2009

The Fees Regulations are amended in accordance with regulations 6 and 7.

Section 4 Amendment to the Fees Regulations, QCP Regulations and SSR 2009

The QCP Regulations are amended in accordance with regulations 8 and 9.

Section 5 Amendment to the Fees Regulations, QCP Regulations and SSR 2009

The SSR 2009 are amended in accordance with regulations 10 to 12.

Section 6 Amendment of the Fees Regulations

For regulation 2(3) of the Fees Regulations, substitute—

(3) For the purposes of these Regulations, “parent” includes a guardian and any other person having parental responsibility for a child and “child” is to be construed accordingly.

Section 7 Amendment of the Fees Regulations

In Schedule 1—

(a) in paragraph 1—

(i) within the definition of “family member”, for (a)(ii), substitute—

(ii) direct descendants of the person or of the person’s spouse or civil partner who are—

(aa) under the age of 21; or

(bb) dependents of the person or the person’s spouse or civil partner; or

(ii) after the definition of “family member”, insert—

“person granted humanitarian protection” means a person—

who, on the grounds of humanitarian protection, has been granted leave to remain under the immigration rules as defined in section 33(1) of the Immigration Act 1971 ;

whose leave to remain is extant, or in respect of whose leave to remain an appeal is pending (within section 104 of the Nationality, Immigration and Asylum Act 2002 ); and

who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave to remain;

(iii) omit the definition of “person with leave to enter or remain”;

(b) for paragraph 5, substitute—

Persons granted humanitarian protection and their family members

(5)

(1) A person granted humanitarian protection who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.

(2) A person—

(a) who is the spouse or civil partner of a person granted humanitarian protection;

(b) who was the spouse or civil partner of the person granted humanitarian protection on the date on which that person applied for asylum (the “asylum application date”); and

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

(3) A person—

(a) who is the child of a person granted humanitarian protection or the child of the spouse or civil partner of a person granted humanitarian protection;

(b) who, on the asylum application date, was the child of that person or the child of a person who was the spouse or civil partner of the person granted humanitarian protection on that date;

(c) who was under 18 on the asylum application date; and

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

Section 8 Amendment of the QCP Regulations

In regulation 2 of the QCP Regulations, in the definition of “equivalent or lower qualification”, for “Education (Student Support) (No 2) Regulations 2008”, substitute “Education (Student Support) Regulations 2009 .”

Section 9 Amendment of the QCP Regulations

In the Schedule—

(a) in paragraph 1(1)—

(i) within the definition of “family member”, for (a)(ii), substitute—

(ii) direct descendants of the person or of the person’s spouse or civil partner who are—

(aa) under the age of 21; or

(bb) dependents of the person or the person’s spouse or civil partner; or

(ii) after the definition of “overseas territories”, insert—

“person granted humanitarian protection” means a person—

who, on the grounds of humanitarian protection, has been granted leave to remain under the immigration rules as defined in section 33(1) of the Immigration Act 1971 ;

whose leave to remain is extant, or in respect of whose leave to remain an appeal is pending (within section 104 of the Nationality, Immigration and Asylum Act 2002 ); and

who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave to remain;

(iii) omit the definition of “person with leave to enter or remain”;

(b) for paragraph 1(2), substitute—

(2) For the purposes of this Schedule, “parent” includes a guardian and any other person having parental responsibility for a child and “child” is to be construed accordingly.

(c) for paragraph 5, substitute—

Persons granted humanitarian protection and their family members

(5)

(1) A person granted humanitarian protection who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.

(2) A person—

(a) who is the spouse or civil partner of a person granted humanitarian protection;

(b) who was the spouse or civil partner of the person granted humanitarian protection on the date on which that person applied for asylum (the “asylum application date”); and

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

(3) A person—

(a) who is the child of a person granted humanitarian protection or the child of the spouse or civil partner of a person granted humanitarian protection;

(b) who, on the asylum application date, was the child of that person or the child of a person who was the spouse or civil partner of the person granted humanitarian protection on that date;

(c) who was under 18 on the asylum application date; and

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

Section 10 Amendment of the SSR 2009

In regulation 2 of the SSR 2009 (interpretation)—

(a) after the definition of “periods of work experience”, insert—

“person granted humanitarian protection” means a person—

who, on the grounds of humanitarian protection, has been granted leave to remain under the immigration rules as defined in section 33(1) of the Immigration Act 1971 ;

whose leave to remain is extant, or in respect of whose leave to remain an appeal is pending (within section 104 of the Nationality, Immigration and Asylum Act 2002 ); and

who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave to remain;

(b) omit the definition of “person with leave to enter or remain”.

Section 11 Amendment of the SSR 2009

In each of the following regulations, for “person with leave to enter or remain”, substitute “person granted humanitarian protection”—

(a) regulation 5(12)(a) and (b);

(b) regulation 18(b);

(c) regulation 82(2)(b);

(d) regulation 92(2)(a);

(e) regulation 116(12)(a) and (b);

(f) regulation 117(4)(b);

(g) regulation 133(11)(a) and (b);

(h) regulation 134(3)(b);

(i) regulation 150(13)(a) and (b); and

(j) regulation 151(2)(b).

Section 12 Amendment of the SSR 2009

In Schedule 1—

(a) for sub-paragraph (2) of paragraph 1, substitute—

(2) For the purposes of this Schedule, “parent” includes a guardian and any other person having parental responsibility and “child” is to be construed accordingly.

(b) for paragraph 5, substitute—

Persons granted humanitarian protection and their family members

(5)

(1) A person granted humanitarian protection who—

(a) is ordinarily resident in the United Kingdom on the first day of the first academic year of the course; and

(b) who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course.

(2) A person—

(a) who is the spouse or civil partner of a person granted humanitarian protection;

(b) who was the spouse or civil partner of the person granted humanitarian protection on the date on which that person applied for asylum (the “asylum application date”);

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

(d) who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course.

(3) A person—

(a) who is the child of a person granted humanitarian protection or the child of the spouse or civil partner of a person granted humanitarian protection;

(b) who, on the asylum application date, was the child of that person or the child of a person who was the spouse or civil partner of the person granted humanitarian protection on that date;

(c) who was under 18 on the asylum application date;

(d) who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course; and

(e) who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course.

Section 13 Transitional cases

(1) The amendments made by regulations 6 to 9 of these Regulations do not apply in relation to a person—

(a) where the first day of the first academic year of that person’s course is on or before 31st March 2011;

(b) where sub-paragraph (a) applies, and the person subsequently transfers to another course; or

(c) who, disregarding any intervening vacation, immediately after the course referred to in paragraph (a), begins an end-on course.

(2) The amendments made by regulations 10, 11 and 12 of these Regulations do not apply in relation to a person—

(a) whose application for support is received by the Secretary of State before the date on which these Regulations come into force;

(b) who, before the date on which these Regulations come into force was determined by the Secretary of State to be an eligible student falling within paragraph 5 of Part 2 of Schedule 1 to the SSR 2009; or

(c) who, having satisfied the conditions set out in sub-paragraph (a) or sub-paragraph (b), commences an end-on course.

(3) In this regulation, “end-on course” has the meaning given in paragraph (d) of the definition of “end-on course” in regulation 2 of the SSR 2009.