The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017

• Citation: S.I. 2017/114
• Sections: 37

Section 1 Citation, commencement and application

(1) These Regulations may be cited as the Education (Student Fees, Awards and Support) (Amendment) Regulations 2017.

(2) This regulation and regulations 2, 11, 12(b)(i), 15(a), 15(b)(i), 18(b), 24, 25, 28, 29, 30, 31, 32 and 37(b) come into force on 3rd March 2017.

(3) Subject to paragraphs (4) and (5), all other provisions of these Regulations—

(a) come into force on 3rd March 2017; and

(b) apply in relation to the provision of support to students in relation to an academic year which begins on or after 1st August 2017 whether anything done under these Regulations is done before, on or after 1st August 2017.

(4) Regulation 3(c) does not apply in relation to a person who—

(a) has transferred to the current course from a course beginning before 1st September 2012 pursuant to regulation 7 of the Education (Student Support) Regulations 2011 from a course that is not a distance learning course; or

(b) begins an Erasmus year before 1st August 2017.

(5) Regulations 33 to 37(a) do not apply in relation to an applicant—

(a) who—

(i) before the date on which these Regulations come into force has been determined by the Secretary of State to be an eligible student falling within paragraph 10 of Part 2 of Schedule 1 to the Education (Student Support) (European University Institute) Regulations 2010 ; and

(ii) on or after that date makes an application for support under the Education (Student Support) (European University Institute) Regulations 2010 on the basis of that determination in relation to an academic year which begins on or after 1st August 2017; or

(b) who would have fallen to be determined as eligible within paragraph 10 of Part 2 of Schedule 1 to the Education (Student Support) (European University Institute) Regulations 2010 had they made an application for support before the coming into force of these Regulations in relation to an academic year beginning before 1st August 2017.

(6) In these Regulations—

“academic year” means the period of twelve months beginning on 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 that academic year begins on or after 1st January and before 1st April, on or after 1st April and before 1st July, on or after 1st July and before 1st August or on or after 1st August and on or before 31st December, respectively;

“current course” means the designated course in respect of which a person is applying for support;

“distance learning course” means a course on which a student undertaking the course is not required to be in attendance by the institution providing the course, where “required to be in attendance” is not satisfied by a requirement imposed by the institution to attend any institution—

for the purposes of registration or enrolment or any examination;

on a weekend or during any vacation; or

on an occasional basis during the week.

Section 2 Amendment of the Education (Student Support) Regulations 2011

The Education (Student Support) Regulations 2011 are amended in accordance with regulations 3 to 27.

Section 3 Amendment of the Education (Student Support) Regulations 2011

In regulation 2(1) (Interpretation)—

(a) after the definition of “accelerated course”, insert—

“allied health profession subject” means chiropody, dietetics, dietetics and nutrition, occupational therapy, orthoptics, orthotics and prosthetics, physiotherapy, podiatry, radiography, radiotherapy, and speech and language therapy;

(b) for the definition of “bursary year”, substitute—

“bursary year” means an academic year of a course in relation to which the student is—

eligible to apply for a healthcare bursary the amount of which is calculated by reference to income whether or not the calculation results in a nil amount;

eligible to apply for a Scottish healthcare allowance the amount of which is calculated by reference to income whether or not the calculation results in a nil amount; or

eligible for a healthcare tuition payment;

(c) in the definition of “Erasmus year”—

(i) in sub-paragraph (b), omit “or Scotland”;

(ii) in sub-paragraph (c), for “or Wales”, substitute “, Scotland or Wales”;

(d) for the definition of “healthcare bursary”, substitute—

“healthcare bursary” means a bursary or award of similar description under—

section 63 of the Health Services and Public Health Act 1968 made in respect of—

a course provided by an institution in England beginning before 1st August 2017;

a course provided by an institution in England beginning on or after 1st August 2017, where that course leads to qualification as a paramedic, medical doctor or dentist;

a course provided by an institution in Scotland or Northern Ireland, where that course leads to qualification as a medical doctor or dentist;

a course provided by an institution in Wales; or

article 44 of the Health and Personal Social Services (Northern Ireland) Order 1972 ;

(e) after the definition of “healthcare bursary”, insert—

“healthcare tuition payment” means a payment for tuition in connection with the NHS Bursary Scheme in England, established pursuant to section 63 of the Health Services and Public Health Act 1968, in respect of a course beginning on or after 1st August 2017, except where that course leads to qualification as a medical doctor or dentist;

(f) after the definition of “maintained school”, insert—

“non-regulated institution” means an institution in Wales that does not have a fee and access plan in force approved by the Higher Education Funding Council for Wales under section 7 of the Higher Education (Wales) Act 2015 ;

(g) in the definition of “ordinary duration”—

(i) in sub-paragraph (b), omit “or Scotland”;

(ii) in sub-paragraph (c), for “or Wales” substitute “, Scotland or Wales”;

(iii) after sub-paragraph (c), insert—

(d) Erasmus years of a course provided by an institution in Scotland where the course began on or after 1st September 2012 and where the Erasmus year begins before 1st August 2017;

(h) after the definition of “preliminary course”, insert—

pre-registration course” means an education and training programme leading to a qualification which is a condition of inclusion in the register (or as the case may be, the relevant part or parts of the register) maintained respectively by the Health and Care Professions Council for allied health profession subjects and operating department practice, the Nursing and Midwifery Council for midwifery or nursing, or the Health and Care Professions Council and Nursing and Midwifery Council for nursing and social work

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

“regulated institution” means an institution that has a fee and access plan in force approved by the Higher Education Funding Council for Wales under section 7 of the Higher Education (Wales) Act 2015;

(j) in the definition of “standard academic year”—

(i) in sub-paragraph (b), omit “or Scotland”;

(ii) in sub-paragraph (c), for “or Wales” substitute “, Scotland or Wales”;

(iii) after sub-paragraph (c), insert—

(d) an Erasmus year of a course provided by an institution in Scotland where the course began on or after 1st September 2012 and where the Erasmus year begins before 1st August 2017;

Section 4 Amendment of the Education (Student Support) Regulations 2011

In regulation 4(3)(c)(i) (Eligible students), omit “A’s ”.

Section 5 Amendment of the Education (Student Support) Regulations 2011

In regulation 5(1)(d) (Designated courses)—

(a) in sub-paragraph (i), after “institution”, add “in England, Scotland or Northern Ireland, or in Wales where the course begins before 1st September 2017”;

(b) in sub-paragraph (ii), after “authority-funded institution”, insert “in England, Scotland or Northern Ireland, or in Wales where the course begins before 1st September 2017”;

(c) after sub-paragraph (ii), omit “or”;

(d) in sub-paragraph (iii)—

(i) after “authority-funded institution”, insert “in England, Scotland or Northern Ireland, or in Wales where the course begins before 1st September 2017,”;

(ii) after the semi-colon, insert “or”;

(e) after sub-paragraph (iii), insert—

(iv) provided by a regulated institution in Wales or a regulated institution in Wales in conjunction with an institution which is situated outside the United Kingdom, where that course begins on or after 1st September 2017;

Section 6 Amendment of the Education (Student Support) Regulations 2011

In regulation 12 (Previous course), after paragraph (4), insert—

(4A) A course which would otherwise be a previous course is not treated as such if the current course—

(a) is a pre-registration course in an allied health profession subject, midwifery, nursing, nursing and social work, or operating department practice;

(b) leads to an ordinary degree, honours degree, or, in respect of a course in operating department practice, to an ordinary degree, honours degree or a diploma; and

(c) begins on or after 1st August 2017.

Section 7 Amendment of the Education (Student Support) Regulations 2011

In regulation 13 (Miscellaneous)—

(a) after paragraph (2), insert—

(2A) Paragraph (1) does not apply where the current course—

(a) is a pre-registration course in an allied health profession subject, midwifery, nursing, nursing and social work or operating department practice;

(b) leads to an ordinary degree, honours degree, or, in respect of a course in operating department practice, to an ordinary degree, honours degree or a diploma; and

(c) begins on or after 1st August 2017.

(b) after paragraph (7), insert—

(8) Paragraphs (6) and (7) do not apply to a person who is treated as being ordinarily resident in the United Kingdom by virtue of paragraph 1(4) of Schedule 1 on the basis of temporary employment falling within paragraph 1(5)(a) of that Schedule.

Section 8 Amendment of the Education (Student Support) Regulations 2011

In regulation 19 (Availability of fee loans to current system students)—

(a) in paragraph (2)(b), omit “or Scotland”;

(b) in paragraph (2)(c), for “or Wales”, insert “, Wales or Scotland”;

(c) in paragraph (8)(b), omit “or Scotland”;

(d) in paragraph (8)(c), for “or Wales”, insert “, Wales or Scotland”;

(e) in paragraph (9)(b), omit “or Scotland”;

(f) in paragraph (9)(c), for “or Wales”, insert “, Wales or Scotland”.

Section 9 Amendment of the Education (Student Support) Regulations 2011

In regulation 23 (Amount of the fee loan)—

(a) in paragraph (3)(b)(ii), after “institution”, insert “in England”;

(b) in paragraph (4)—

(i) in the opening words after “publicly funded institution)”, insert “in England not listed in Schedule 5”;

(ii) for sub-paragraph (b), substitute—

(b) £3,000 where paragraph (7) applies;

(iii) in sub-paragraph (c), omit “and the course is provided by an institution in England or Wales”;

(iv) in sub-paragraph (d), omit “and the course is provided by an institution in England or Wales”;

(c) after paragraph (4), insert—

(4A) Where the current course began on or after 1st September 2012 and is provided by a private or non-regulated institution listed in Schedule 5 (other than on behalf of a publicly funded or regulated institution respectively), the “maximum amount” is—

(a) £6,165, unless paragraph (7), (7A), (7B) or (8) applies;

(b) £3,080, where paragraph (7) applies;

(c) £1,230, where paragraph (7A) applies and the course is provided by a private institution in England (other than on behalf of a publicly funded institution);

(d) £1,230, where paragraph (7A) applies, the course is provided by a private institution in Wales (other than on behalf of a publicly funded institution) and begins before 1st September 2017;

(e) £1,230 where paragraph (7A) applies, the course is provided by a non-regulated institution in Wales (other than on behalf of a regulated institution) and begins on or after 1st September 2017;

(f) £3,080 where paragraph (7A) applies and the course is provided by a private institution in Northern Ireland or Scotland (other than on behalf of a publicly funded institution);

(g) £920, where paragraph (7B) applies and the course is provided by a private institution in England (other than on behalf of a publicly funded institution);

(h) £920, where paragraph (7B) applies, the course is provided by a private institution in Wales (other than on behalf of a publicly funded institution), and begins before 1st September 2017;

(i) £920, where paragraph (7B) applies, the course is provided by a non-regulated institution in Wales (other than on behalf of a regulated institution), and begins on or after 1st September 2017; or

(j) £3,080, where paragraph (7B) applies and the course is provided by a private institution in Northern Ireland or Scotland (other than on behalf of a publicly funded institution).

(d) for paragraph (5), substitute—

(5) Where the current course began on or after 1st August 2012 and is provided by an institution in Scotland or Northern Ireland, the “maximum amount” is—

(a) £9,250 where the course is provided by or on behalf of a publicly funded institution, unless paragraph (7), (7A), (7B) or (8) applies;

(b) £6,000 where the course is provided by a private institution (other than on behalf of a publicly funded institution), unless paragraph (4A), (7), (7A), (7B) or (8) applies;

(c) £4,625 where the course is provided by or on behalf of a publicly funded institution and paragraph (7), (7A) or (7B) applies;

(d) £3,000 where the course is provided by a private institution (other than on behalf of a publicly funded institution) and paragraph (7), (7A) or (7B) applies, unless paragraph (4A) applies.

(e) after paragraph (5), insert—

(5ZA) Where the current course begins on or after 1st August 2012 and before 1st September 2017, and is provided by or on behalf of an institution in Wales, the “maximum amount” is—

(a) £9,000 where the course is provided by or on behalf of a publicly funded institution, unless paragraph (7), (7A), (7B) or (8) applies;

(b) £6,000 where the course is provided by a private institution (other than on behalf of a publicly funded institution), unless paragraph (4A), (7), (7A), (7B) or (8) applies;

(c) £4,500 where the course is provided by or on behalf of a publicly funded institution, and paragraph (7) applies;

(d) £3,000 where the course is provided by a private institution (other than on behalf of a publicly funded institution) and paragraph (7) applies, unless paragraph (4A) applies;

(e) £1,800 where the course is provided by or on behalf of a publicly funded institution, and paragraph (7A) applies;

(f) £1,200 where the course is provided by a private institution (other than on behalf of a publicly funded institution) and paragraph (7A) applies, unless paragraph (4A) applies;

(g) £1,350 where the course is provided by or on behalf of a publicly funded institution, and paragraph (7B) applies; or

(h) £900 where the course is provided by a private institution (other than on behalf of a publicly funded institution) and paragraph (7B) applies, unless paragraph (4A) applies.

(5ZB) Where the current course begins on or after 1st September 2017, and is provided by or on behalf of an institution in Wales, the “maximum amount” is—

(a) £9,000 where the course is provided by or on behalf of a regulated institution, unless paragraph (7), (7A), (7B) or (8) applies;

(b) £6,000 where the course is provided by a non-regulated institution, unless paragraph (4A), (7), (7A), (7B) or (8) applies;

(c) £4,500 where the course is provided by or on behalf of a regulated institution, and paragraph (7) applies;

(d) £3,000 where the course is provided by a non-regulated institution and paragraph (7) applies, unless paragraph (4A) applies;

(e) £1,800 where the course is provided by or on behalf of a regulated institution, and paragraph (7A) applies;

(f) £1,200 where the course is provided by a non-regulated institution and paragraph (7A) applies, unless paragraph (4A) applies;

(g) £1,350 where the course is provided by or on behalf of a regulated institution, and paragraph (7B) applies; or

(h) £900 where the course is provided by a non-regulated institution and paragraph (7B) applies, unless paragraph (4A) applies.

(f) in paragraph (6)(b), after (4), insert “(4A), (5), (5ZA) or (5ZB)”;

(g) in paragraph (6A)—

(i) in sub-paragraph (b), after “(4)”, insert “, (4A), (5ZA) or (5ZB)”;

(ii) in sub-paragraph (c), for “(4)”, substitute “(4A) or (5)”;

(h) in paragraph (6B)—

(i) in sub-paragraph (b), after “(4)”, insert “, (4A), (5ZA) or (5ZB)”;

(ii) in sub-paragraph (c), for “(4)”, substitute “(4A) or (5)”;

(i) in paragraph (6C), after “£1,350”, insert “where the course is provided by an institution in Wales or £1,385 where the course is provided by an institution in England or Scotland”;

(j) in paragraph (7C), for “or Wales”, substitute “, Wales or Scotland”;

(k) in paragraph (8), for “£5,535”, substitute “£5,785 for the first academic year of the course, otherwise £5,535”.

Section 10 Amendment of the Education (Student Support) Regulations 2011

In regulation 40 (Qualifying conditions for the disabled students’ allowance), after paragraph (3), insert—

(3A) Paragraphs (2) and (3) do not apply to a person who is treated as being ordinarily resident in the United Kingdom by virtue of paragraph 1(4) of Schedule 1 on the basis of temporary employment falling within paragraph 1(5)(a) of that Schedule.

Section 11 Amendment of the Education (Student Support) Regulations 2011

In regulation 41 (Amount of the disabled students’ allowance), omit paragraph (4).

Section 12 Amendment of the Education (Student Support) Regulations 2011

In regulation 45(3) (Childcare grant)—

(a) in paragraph (b), omit the final “or”;

(b) in paragraph (c)—

(i) after “bursary”, insert “or Scottish healthcare allowance”;

(ii) for the full-stop, substitute “; or”;

(c) after paragraph (c), insert—

(d) A’s partner is eligible for a healthcare tuition payment and has elected to receive financial support for childcare under section 63 of the Health Services and Public Health Act 1968 .

Section 13 Amendment of the Education (Student Support) Regulations 2011

In regulation 69 (Qualifying conditions for the loan for living costs - current system students)—

(a) in sub-paragraph (2)(c)—

(i) omit “that student’s”;

(ii) omit the final “or”;

(b) after sub-paragraph (2)(c), insert—

(ca) the current system student is eligible for a healthcare tuition payment;

(c) in paragraph (2)(d), for the full-stop, substitute “; or”;

(d) after sub-paragraph (2)(d), insert—

(e) the designated course—

(i) is a pre-registration course in an allied health profession subject, midwifery, nursing, nursing and social work, or operating department practice;

(ii) leads to an ordinary degree, honours degree, or, in respect of a course in operating department practice, to an ordinary degree, honours degree or a diploma; and

(iii) begins on or after 1st August 2017.

Section 14 Amendment of the Education (Student Support) Regulations 2011

In regulation 70(3) (Qualifying conditions for the loan for living costs – old system students), in sub-paragraph (b), omit “the student’s” both times it appears.

Section 15 Amendment of the Education (Student Support) Regulations 2011

In regulation 80 (Students with reduced entitlement)—

(a) in paragraph (1), omit sub-paragraph (b)(iii);

(b) in paragraph (2)—

(i) omit sub-paragraph (b)(iii);

(ii) in sub-paragraph (e), in the opening words, omit “or 2016”;

(iii) in sub-paragraph (e)(iv), for the full-stop, substitute a semi-colon;

(iv) after sub-paragraph (e), insert—

(f) where a 2016 cohort student applies for a loan for living costs and opts not to provide the information needed to calculate the household income, the amount is—

(i) for a student in category A, £2,870;

(ii) for a student in category B, £4,991;

(iii) for a student in category C, £4,055;

(iv) for a student in category D, £3,652.

Section 16 Amendment of the Education (Student Support) Regulations 2011

In regulation 124 (Support for distance learning courses), after paragraph (3A), insert—

(3B) Paragraphs (3) and (3A) do not apply to a person who is treated as being ordinarily resident in the United Kingdom by virtue of paragraph 1(4) of Schedule 1 on the basis of temporary employment falling within paragraph 1(5)(a) of that Schedule.

Section 17 Amendment of the Education (Student Support) Regulations 2011

In regulation 127 (Disabled distance learning students’ allowance), after paragraph (3A), insert—

(3AA) Paragraphs (3) and (3A) do not apply to a person who is treated as being ordinarily resident in the United Kingdom by virtue of paragraph 1(4) of Schedule 1 on the basis of temporary employment falling within paragraph 1(5)(a) of that Schedule.

Section 18 Amendment of the Education (Student Support) Regulations 2011

In regulation 137 (Eligible part-time students)—

(a) for paragraph (3)(a), substitute—

(a) A is, in connection with the part-time course—

(i) eligible to apply for a healthcare bursary whether or not the amount of such bursary is calculated by reference to income;

(ii) eligible to apply for any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 2007; or

(iii) eligible for a healthcare tuition payment;

(b) in paragraph (10)—

(i) in sub-paragraph (a)—

(aa) for “person granted humanitarian protection”, substitute “refugee”;

(bb) for “such a person”, substitute “a refugee”;

(ii) for sub-paragraph (b), substitute—

(b) as at the day before the academic year in respect of which A is applying for support begins, the refugee status of A or of A’s spouse, civil partner, parent or step-parent, as the case may be, has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002) ,

Section 19 Amendment of the Education (Student Support) Regulations 2011

In regulation 141 (Assistance for part-time courses in respect of courses beginning before 1st September 2012), after paragraph (3B), insert—

(3C) Paragraphs (3A) and (3B) do not apply to a person who is treated as being ordinarily resident in the United Kingdom by virtue of paragraph 1(4) of Schedule 1 on the basis of temporary employment falling within paragraph 1(5)(a) of that Schedule.

Section 20 Amendment of the Education (Student Support) Regulations 2011

In regulation 144 (Fee support for designated part-time courses beginning on or after 1st September 2012)—

(a) after paragraph (3A), insert—

(3B) Paragraphs (3)(b) and (3A) do not apply to a person who is treated as being ordinarily resident in the United Kingdom by virtue of paragraph 1(4) of Schedule 1 on the basis of temporary employment falling within paragraph 1(5)(a) of that Schedule.

(b) after paragraph (7), insert—

(7A) Paragraph (4) does not apply if—

(a) the current part-time course—

(i) is a course in agriculture and related subjects, biological sciences, mathematical sciences, physical sciences or veterinary sciences (or a combination of those subjects);

(ii) leads to an honours degree; and

(b) the student begins the current part-time course on or after 1st August 2017.

(7B) Paragraph (4) does not apply if—

(a) the current part-time course—

(i) is a pre-registration course in an allied health profession subject, midwifery, nursing, nursing and social work or operating department practice;

(ii) leads to an ordinary degree, honours degree, or, in respect of a course in operating department practice, an ordinary degree, honours degree or a diploma; and

(b) the student begins the current part-time course on or after 1st August 2017.

Section 21 Amendment of the Education (Student Support) Regulations 2011

In regulation 145(2) (Amount of the fee loan - courses beginning on or after 1st September 2012)—

(a) for sub-paragraph (b), substitute—

(b) £4,500, where the current part-time course is provided by a private institution (other than on behalf of a publicly funded institution) not listed in Schedule 5;

(b) after sub-paragraph (b), insert—

(c) £4,625, where the current part-time course is provided by a private institution (other than on behalf of a publicly funded institution) listed in Schedule 5.

Section 22 Amendment of the Education (Student Support) Regulations 2011

In regulation 147 (Disabled part-time students’ allowance), after paragraph (2), insert—

(2A) Paragraph (2)(b) does not apply to a person who is treated as being ordinarily resident in the United Kingdom by virtue of paragraph 1(4) of Schedule 1 on the basis of temporary employment falling within paragraph 1(5)(a) of that Schedule.

Section 23 Amendment of the Education (Student Support) Regulations 2011

In regulation 159 (Eligible postgraduate students), after paragraph (4)(a), insert—

(aa) A is eligible for a healthcare tuition payment;

Section 24 Amendment of the Education (Student Support) Regulations 2011

In Schedule 1 (Eligible Students)—

(a) for paragraph 2, substitute—

Persons who are settled in the United Kingdom

(2)

(1) A person—

(a) who on the first day of the first academic year of the course—

(i) is settled in the United Kingdom other than by reason of having acquired the right of permanent residence;

(ii) is ordinarily resident in England;

(iii) 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; and

(b) subject to sub-paragraph (2), whose residence in the United Kingdom and Islands has not during any part of the period referred to in sub-paragraph (a)(iii) been wholly or mainly for the purpose of receiving full-time education.

(2) Paragraph (b) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the United Kingdom and Islands in accordance with paragraph 1(4).

(b) in paragraph 5(1)(a), 5(2)(c) and 5(3)(d), for “the United Kingdom” substitute “England”;

(c) for paragraph 13, substitute—

Long Residence

(13)

(1) A person—

(a) who on the first day of the first academic year of the course either—

(i) is under the age of 18 and has lived in the United Kingdom throughout the seven-year period preceding the first day of the first academic year of the course; or

(ii) is aged 18 or above and, preceding the first day of the first academic year of the course, has lived in the United Kingdom throughout either—

(aa) half their life; or

(bb) a period of twenty years;

(b) who is ordinarily resident in England;

(c) 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; and

(d) subject to sub-paragraph (2), whose residence in the United Kingdom and Islands has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.

(2) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the United Kingdom and Islands in accordance with paragraph 1(4).

Section 25 Amendment of the Education (Student Support) Regulations 2011

In Schedule 4 (Financial assessment)—

(a) in paragraph 4(3), for sub-paragraph (b), substitute—

(b) otherwise the value of the sterling which the income would purchase using the average rate published by Her Majesty’s Revenue and Customs for the calendar year which ends before the start of the relevant year.

(b) in paragraph 5, for sub-paragraph (8), substitute—

(8) Where A’s income is computed as for the purposes of the income tax legislation of another Member State, it is computed under the provisions of this Schedule in the currency of that Member State and A’s income for the purposes of this Schedule is the sterling value of that income determined in accordance with the average rate published by Her Majesty’s Revenue and Customs for the calendar year which ends before the end of the prior financial year.

Section 26 Amendment of the Education (Student Support) Regulations 2011

After Schedule 4, insert Schedule 1 to these Regulations (Institutions to whom regulations 23(4A) and 145(2)(c) apply), as Schedule 5.

Section 27 Amendment of the Education (Student Support) Regulations 2011

Schedule 2 to these Regulations has effect to substitute the figure in the third column of the table for the figure in the second column where it appears in the provision of the Education (Student Support) Regulations 2011 set out in the first column.

Section 28 Amendment of the Student Fees (Qualifying Courses and Persons) (England) Regulations 2007

The Student Fees (Qualifying Courses and Persons) (England) Regulations 2007 are amended in accordance with regulation 29.

Section 29 Amendment of the Student Fees (Qualifying Courses and Persons) (England) Regulations 2007

In the Schedule—

(a) for paragraph 2, substitute—

Persons who are settled in the United Kingdom

(2)

(1) A person—

(a) who on the first day of the first academic year of the course—

(i) is settled in the United Kingdom other than by reason of having acquired the right of permanent residence;

(ii) is ordinarily resident in the United Kingdom;

(iii) 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; and

(b) subject to sub-paragraph (2), whose residence in the United Kingdom and Islands has not during any part of the period referred to in paragraph (a)(iii) been wholly or mainly for the purpose of receiving full-time education.

(2) Paragraph (b) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the United Kingdom and Islands in accordance with paragraph 1(3).

(b) for paragraph 12, substitute—

Long Residence

(12)

(1) A person—

(a) who on the first day of the first academic year of the course either—

(i) is under the age of 18 and has lived in the United Kingdom throughout the seven-year period preceding the first day of the first academic year of the course; or

(ii) is aged 18 or above and, preceding the first day of the first academic year of the course, has lived in the United Kingdom throughout either—

(aa) half their life; or

(bb) a period of twenty years;

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

(c) 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; and

(d) subject to sub-paragraph (2), whose residence in the United Kingdom and Islands has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.

(2) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the United Kingdom and Islands in accordance with paragraph 1(3).

Section 30 Amendment of the Education (Fees and Awards) (England) Regulations 2007

The Education (Fees and Awards) (England) Regulations 2007 are amended in accordance with regulation 31.

Section 31 Amendment of the Education (Fees and Awards) (England) Regulations 2007

In Schedule 1—

(a) for paragraph 2, substitute—

Persons who are settled in the United Kingdom

(2)

(1) A person—

(a) who on the first day of the first academic year of the course—

(i) is settled in the United Kingdom other than by reason of having acquired the right of permanent residence;

(ii) is ordinarily resident in the United Kingdom;

(iii) 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; and

(b) subject to sub-paragraph (2), whose residence in the United Kingdom and Islands has not during any part of the period referred to in sub-paragraph (a)(iii) been wholly or mainly for the purpose of receiving full-time education.

(2) Paragraph (b) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the United Kingdom and Islands in accordance with regulation 2(4).

(b) for paragraph 13, substitute—

Long Residence

(13)

(1) A person—

(a) who on the first day of the first academic year of the course either—

(i) is under the age of 18 and has lived in the United Kingdom throughout the seven-year period preceding the first day of the first academic year of the course; or

(ii) is aged 18 or above and, preceding the first day of the first academic year of the course, has lived in the United Kingdom throughout either—

(aa) half their life; or

(bb) a period of twenty years;

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

(c) 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; and

(d) subject to sub-paragraph (2), whose residence in the United Kingdom and Islands has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.

(2) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the United Kingdom and Islands in accordance with regulation 2(4).

Section 32 Amendment of the Education (Student Support) (European University Institute) Regulations 2010

The Education (Student Support) (European University Institute) Regulations 2010 are amended in accordance with regulations 33 to 37.

Section 33 Amendment of the Education (Student Support) (European University Institute) Regulations 2010

In regulation 17(2) (Grants for living and other costs), after “paragraph 9” insert “or paragraph 10”.

Section 34 Amendment of the Education (Student Support) (European University Institute) Regulations 2010

In regulation 19(2) (Disabled students’ allowance), after “paragraph 9” insert “or paragraph 10”.

Section 35 Amendment of the Education (Student Support) (European University Institute) Regulations 2010

In regulation 22(3) (Adult dependants’ grant), after “paragraph 9” insert “or paragraph 10”.

Section 36 Amendment of the Education (Student Support) (European University Institute) Regulations 2010

In regulation 24(2) (Parents’ learning allowance), after “paragraph 9” insert “or paragraph 10”.

Section 37 Amendment of the Education (Student Support) (European University Institute) Regulations 2010

In Schedule 1, Part 2 (Eligible Students - Categories)—

(a) after paragraph (10), insert—

(10A) A person who—

(a) is an EU national other than a United Kingdom national on the relevant date;

(b) is ordinarily resident in England on the relevant date;

(c) has been ordinarily resident in the United Kingdom and Islands throughout the five-year period immediately preceding the relevant date; and

(d) in a case where the person’s ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the European Economic Area and Switzerland immediately prior to the period of ordinary residence referred to in paragraph (c).

(2) Where a state accedes to the EU after the relevant date and a person is a national of that state, the requirement in paragraph (a) of sub-paragraph (1) to be an EU national other than a United Kingdom national on the relevant date is treated as being satisfied.

(b) after paragraph 12, insert—

Long Residence

(13)

(1) A person—

(a) who on the relevant date either—

(i) is under the age of 18 and has lived in the United Kingdom throughout the seven-year period preceding the relevant date; or

(ii) is aged 18 years old or above and, preceding the relevant date, has lived in the United Kingdom throughout either—

(aa) half their life; or

(bb) a period of twenty years;

(b) who is ordinarily resident in England on the relevant date;

(c) who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the relevant date; and

(d) subject to sub-paragraph (2), whose residence in the United Kingdom and Islands has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.

(2) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the United Kingdom and Islands in accordance with paragraph 1(7).