The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021

• Citation: S.I. 2021/127
• Sections: 67

Section 1 Citation, commencement and application

(1) These Regulations may be cited as the Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 and come into force on 1st March 2021.

(2) These Regulations apply in relation to the provision of support to a student, and to fees and awards applicable, in relation to an academic year which begins on or after 1st August 2021, whether or not anything done under these Regulations is done before, on, or after that date.

(3) 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.

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

The Education (Student Support) Regulations 2011 are amended as follows.

Section 3 Amendment of regulation 2

(1) Regulation 2 (interpretation) is amended as follows.

(2) In paragraph (1)—

(a) after the definition of “the 2009 Regulations”, insert—

the 2020 Citizens’ Rights Regulations” means the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 ;

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

(i) in the opening words, for “and”, the first time it occurs, substitute “or in the scheme established by the Secretary of State for Education known as the Turing scheme,”;

(ii) omit paragraph (a);

(iii) in paragraph (b), omit “began on or after 1st September 2012 and”;

(iv) in paragraph (c), omit “began on or after 1st September 2012 and”;

(c) after the definition of “full-time equivalent”, insert—

“grace period” has the meaning given by regulation 3 of the 2020 Citizens’ Rights Regulations;

(d) after the definition of “person granted stateless leave” , insert—

“person with protected rights” means—

a person within the personal scope of the citizens’ rights provisions who—

has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules;

is an Irish citizen who, pursuant to section 3ZA of the Immigration Act 1971 , does not require leave to enter or remain in the United Kingdom;

is a relevant person for the purposes of regulation 3 of the 2020 Citizens’ Rights Regulations where the grace period has not ended; or

is an applicant for the purposes of regulation 4 of the 2020 Citizens’ Rights Regulations where the relevant period has not expired; or

a family member of a relevant person of Northern Ireland for the purposes of residence scheme immigration rules, where that family member has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules;

(e) after the definition of “regulated institution” , insert—

“relevant period”, unless otherwise indicated, has the meaning given by regulation 4 of the 2020 Citizens’ Rights Regulations;

“relevant person of Northern Ireland” has the meaning given by residence scheme immigration rules;

“residence scheme immigration rules” has the meaning given by section 17(1) of the European Union (Withdrawal Agreement) Act 2020 ;

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

“Swiss citizens’ rights agreement” has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;

(3) After paragraph (1), insert—

(1A) For the purposes of these Regulations, a person is within the personal scope of the citizens’ rights provisions if that person falls within—

(a) Article 10 (personal scope) of the EU withdrawal agreement;

(b) Article 9 (personal scope) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020); or

(c) Article 10 (personal scope) of the Swiss citizens’ rights agreement.

Section 4 Amendment of regulation 4

In regulation 4 (eligible students)—

(a) for paragraph (2) substitute—

(2) Subject to the following provisions of this regulation, a person is an eligible student in connection with a designated course if in assessing that person’s application for support the Secretary of State determines that the person falls within one of the categories set out—

(a) in paragraphs 2, 2A, 3, 4, 4A, 4B, 4C, 4D, 4E, 5, 6A, 7A, 8A, 9A, 9B, 9C, 9D, 10ZA, 11A, 12A and 13 in Part 2 of Schedule 1; or

(b) in paragraphs 6, 7, 8, 9, 10, 10A, 11 and 12 in Part 2 of Schedule 1, where paragraph (2A) applies.

(2A) This paragraph applies where—

(a) in connection with a designated course beginning before 1st August 2021, the Secretary of State—

(i) in assessing an application for support by a person (“A”), determined that A fell within one of the categories set out in paragraphs 6, 7, 8, 9, 10, 10A, 11 and 12 in Part 2 of Schedule 1 in relation to an academic year of the course beginning before 1st August 2021; or

(ii) would have so determined had A made an application for support in accordance with this Part in relation to an academic year of the course beginning before that date; and

(b) A applies for support in connection with that course or a designated course to which A’s status as an eligible student is transferred from that course in accordance with this Part.

(2B) In connection with a designated course beginning on or after 1st January 2028, paragraph (2) has effect as if it did not mention paragraphs 8A, 9B and 9D.

(b) after paragraph (13), insert—

(13A) Where—

(a) the Secretary of State determined that, by virtue of being a person with protected rights with limited leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules, a person (“A”) was an eligible 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 part-time course or other designated course from which A’s status as an eligible part-time student or eligible 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, A no longer has extant limited leave to enter or remain granted by virtue of residence scheme immigration rules and no further leave to enter or remain has been granted under those rules,

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

(13B) Where—

(a) the Secretary of State has determined that, by virtue of—

(i) falling within paragraph (a)(iii) or (iv) of the definition of “person with protected rights”; or

(ii) meeting the conditions in paragraph 3(1)(a)(iii) or (iv) in Part 2 of Schedule 1,

a person (“A”) is an eligible student in connection with an application for support for an academic year of a designated course; and

(b) as at the day before the academic year begins, A is not a person with protected rights,

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

Section 5 Amendment of regulation 7

In regulation 7 (transfer of status), after paragraph (1), insert—

(1A) Paragraph (1) applies to a person who is an eligible student by virtue of regulation 4(2)(b) only where that person’s status as an eligible student has not been transferred on or after 1st August 2021 from the designated course referred to in regulation 4(2A)(a) to another designated course.

Section 6 Amendment of regulation 17

In regulation 17 (events)—

(a) omit paragraph (c);

(b) for paragraph (d) substitute—

(d) the student becomes a family member described in paragraph 9A(1)(a), 9C(1)(a) or 9D(1)(a) of Schedule 1;

(c) for paragraph (f) substitute—

(f) where regulation 4(2A)(a) applies, the person becomes a person described in paragraph 12(a) of Schedule 1;

(d) in paragraph (g), after “described in”, insert “paragraph 6A(1)(a) of Schedule 1 or, where regulation 4(2A)(a) applies, in”;

(e) for paragraph (h) substitute—

(h) the student becomes a person described in paragraph 11A(a) of Schedule 1 or, where regulation 4(2A)(a) applies, in paragraph 11(1)(a) of Schedule 1;

(f) omit the “or” at the end of paragraph (k);

(g) at the end of paragraph (l), insert “; or”;

(h) after paragraph (l), insert—

(m) the student becomes a person described in paragraph 9B(1)(a)(ii) of Schedule 1

Section 7 Amendment of regulation 38

In regulation 38 (general qualifying conditions for grants for living and other costs)—

(a) in paragraph (3), for the words from “in Part 2” to the end substitute “or paragraphs in Part 2 of Schedule 1 into which the student falls is one or more of paragraphs 2A, 9, 9A, 9C, 9D, 10 and 10ZA”;

(b) in paragraph (8)—

(i) omit “Subject to paragraph 9,”;

(ii) omit “(c),”;

(iii) for “or (l)” substitute “, (l) or (m)”;

(c) omit paragraph (9).

Section 8 Amendment of regulation 40

In regulation 40 (qualifying conditions for the disabled students’ allowance), omit paragraph (4).

Section 9 Amendment of regulation 41

In regulation 41(8) (amount of the disabled students’ allowance)—

(a) omit “Subject to regulation 40(4),”;

(b) omit “(c),”;

(c) for “or (l)” substitute “, (l) or (m)”.

Section 10 Amendment of regulation 45

In regulation 45 (childcare grant)—

(a) in paragraph (11)—

(i) omit “Subject to paragraph (12),”;

(ii) omit “(c),”;

(iii) for “or (l)” substitute “, (l) or (m)”;

(b) omit paragraph (12).

Section 11 Amendment of regulation 49A

In regulation 49A —

(a) in paragraph (2)—

(i) omit “Subject to paragraph (3),”;

(ii) omit “(c),”;

(iii) for “or (l)” substitute “, (l) or (m)”;

(b) omit paragraph (3).

Section 12 Amendment of regulation 56

In regulation 56 (qualifying conditions for the maintenance grant)—

(a) in paragraph (6)—

(i) omit “Subject to paragraph (7),”;

(ii) omit “(c),”;

(b) omit paragraph (7).

Section 13 Amendment of regulation 61

In regulation 61 (qualifying conditions for the special support grant)—

(a) in paragraph (6)—

(i) omit “Subject to paragraph (7),”;

(ii) omit “(c),”;

(b) omit paragraph (7).

Section 14 Amendment of regulation 69

In regulation 69(3) (qualifying conditions for the loan for living costs – current system students), for sub-paragraph (a) substitute—

(a) the only paragraph or paragraphs in Part 2 of Schedule 1 into which the student falls is one or more of paragraphs 2A, 9, 9A, 9C, 9D, 10 and 10ZA;

Section 15 Amendment of regulation 85

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

(a) omit sub-paragraph (c);

(b) for sub-paragraph (e) substitute—

(e) where regulation 4(2A)(a) applies, the person becomes a person described in paragraph 12(a) of Schedule 1;

(c) in sub-paragraph (f), after “described in”, insert “paragraph 6A(1)(a) of Schedule 1 or, where regulation 4(2A)(a) applies, in”;

(d) for sub-paragraph (g) substitute—

(g) the student becomes a person described in paragraph 11A(a) of Schedule 1 or, where regulation 4(2A)(a) applies, in paragraph 11(1)(a) of Schedule 1;

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

(f) at the end of sub-paragraph (k), insert “; or”;

(g) after sub-paragraph (k), insert—

(l) the student becomes a person described in paragraph 9B(1)(a)(ii) of Schedule 1

Section 16 Amendment of regulation 137

In regulation 137 (eligible part-time students)—

(a) for paragraph (2) substitute—

(2) Subject to the following provisions of this regulation, a person is an eligible part-time student in connection with a designated part-time course if in assessing that person’s application for support the Secretary of State determines that the person falls within one of the categories set out—

(a) in paragraphs 2, 2A, 3, 4, 4A, 4B, 4C, 4D, 4E, 5, 6A, 7A, 8A, 9A, 9B, 9C, 9D, 10ZA, 11A, 12A and 13 in Part 2 of Schedule 1; or

(b) in paragraphs 6, 7, 8, 9, 10, 10A, 11 and 12 in Part 2 of Schedule 1, where paragraph (2A) applies.

(2A) This paragraph applies where—

(a) in connection with a designated part-time course beginning before 1st August 2021, the Secretary of State—

(i) in assessing an application for support by a person (“A”) determined that A fell within one of the categories set out in paragraphs 6, 7, 8, 9, 10, 10A, 11 and 12 in Part 2 of Schedule 1 in relation to an academic year of the course beginning before 1st August 2021; or

(ii) would have so determined had A made an application for support in accordance with this Part in relation to an academic year of the course beginning before that date; and

(b) A applies for support in connection with that course or a designated part-time course to which A’s status as an eligible part-time student is transferred from that course in accordance with this Part.

(2B) In connection with a designated part-time course beginning on or after 1st January 2028, paragraph (2) has effect as if it did not mention paragraphs 8A, 9B and 9D.

(b) after paragraph 11, insert—

(11A) Where—

(a) the Secretary of State determined that, by virtue of being a person with protected rights with limited leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules, 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 part-time course or other designated course from which A’s status as an eligible part-time student or eligible student has been transferred to the current part-time course; and

(b) as at the day before the academic year in respect of which A is applying for support begins, A no longer has extant limited leave to enter or remain granted by virtue of residence scheme immigration rules and no further leave to enter or remain has been granted under those rules,

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.

(11B) Where—

(a) the Secretary of State has determined, that by virtue of—

(i) falling within paragraph (a)(iii) or (iv) of the definition of “person with protected rights”; or

(ii) meeting the conditions in paragraph 3(1)(a)(iii) or (iv) in Part 2 of Schedule 1,

a person (“A”) is an eligible part-time student in connection with an application for support for an academic year of a designated part-time course; and

(b) as at the day before the academic year begins, A is not a person with protected rights,

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.

Section 17 Amendment of regulation 138

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

(a) omit sub-paragraph (c);

(b) for sub-paragraph (d) substitute—

(d) the student becomes a family member described in paragraph 9A(1)(a), 9C(1)(a) or 9D(1)(a) of Schedule 1;

(c) omit sub-paragraph (e);

(d) for sub-paragraph (g) substitute—

(g) where regulation 137(2A)(a) applies, the student becomes a person described in paragraph 12(a) of Schedule 1;

(e) in sub-paragraph (h), after “described in”, insert “paragraph 6A(1)(a) of Schedule 1 or, where regulation 137(2A)(a) applies, in”;

(f) for sub-paragraph (i) substitute—

(i) the student becomes a person described in paragraph 11A(a) of Schedule 1 or, where regulation 137(2A)(a) applies, in paragraph 11(1)(a) of Schedule 1;

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

(h) at the end of sub-paragraph (m), insert “; or”;

(i) after sub-paragraph (m), insert—

(n) the student becomes a person described in paragraph 9B(1)(a)(ii) of Schedule 1

Section 18 Amendment of regulation 138A

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

(a) omit sub-paragraph (c);

(b) for sub-paragraph (e) substitute—

(e) where regulation 137(2A)(a) applies, the student becomes a person described in paragraph 12(a) of Schedule 1;

(c) in sub-paragraph (f), after “described in”, insert “paragraph 6A(1)(a) of Schedule 1 or, where regulation 137(2A)(a) applies, in”;

(d) for sub-paragraph (g) substitute—

(g) the student becomes a person described in paragraph 11A(a) of Schedule 1 or, where regulation 137(2A)(a) applies, in paragraph 11(1)(a) of Schedule 1;

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

(f) at the end of sub-paragraph (k), insert “; or”;

(g) after sub-paragraph (k), insert—

(l) the student becomes a person described in paragraph 9B(1)(a)(ii) of Schedule 1

Section 19 Amendment of regulation 139A

In regulation 139A (transfer of status), after paragraph (1), insert—

(1A) Paragraph (1) applies to a person who is an eligible part-time student by virtue of regulation 137(2)(b) only where that person’s status as an eligible part-time student has not been transferred on or after 1st August 2021 from the designated part-time course referred to in regulation 137(2A)(a) to another designated part-time course.

Section 20 Amendment of regulation 147

In regulation 147 (disabled part-time students’ allowance)—

(a) for paragraph (2)(a) substitute—

(a) if the only paragraph or paragraphs in Part 2 of Schedule 1 into which the student falls is one or more of paragraphs 2A, 9, 9A, 9C, 9D, 10 and 10ZA

(b) in paragraph (8)—

(i) omit “(e),”;

(ii) for “or (m)” substitute “, (m) or (n)”.

Section 21 Amendment of regulation 157B

In regulation 157B(2) (qualifying conditions for the loan for living costs), for sub-paragraph (a) substitute—

(a) the only paragraph or paragraphs in Part 2 of Schedule 1 into which the student falls is one or more of paragraphs 2A, 9, 9A, 9C, 9D, 10 and 10ZA

Section 22 Amendment of regulation 159

In regulation 159 (eligible postgraduate students)—

(a) in paragraph (2), for “paragraph (4)” substitute “the following provisions of this regulation”;

(b) for paragraph (3) substitute—

(3) The conditions are—

(a) the person falls within one of the categories set out—

(i) in paragraphs 2, 2A, 3, 4, 4A, 4B, 4C, 4D, 4E, 5, 6A, 7A, 8A, 9A, 9B, 9C, 9D, 10ZA, 11A, 12A and 13 in Part 2 of Schedule 1; or

(ii) in paragraphs 6, 7, 8, 9, 10, 10A, 11 and 12 in Part 2 of Schedule 1, where paragraph (3A) applies; and

(b) the person has a disability.

(3A) This paragraph applies where—

(a) in connection with a designated postgraduate course beginning before 1st August 2021, the Secretary of State—

(i) in assessing an application for support by a person (“A”) determined that A fell within one of the categories set out in paragraphs 6, 7, 8, 9, 10, 10A, 11 and 12 in Part 2 of Schedule 1 in relation to an academic year of the course beginning before 1st August 2021; or

(ii) would have so determined had A made an application for support in accordance with this Part in relation to an academic year of the course beginning before that date; and

(b) A applies for support in connection with that course, or a designated postgraduate course to which A’s status as an eligible postgraduate student is transferred from that course in accordance with this Part.

(3B) In connection with a designated postgraduate course beginning on or after 1st January 2028, paragraph (3)(a) has effect as if it did not mention paragraphs 8A, 9B and 9D.

(c) in paragraph (8), for the words from “in Part 2” to the end substitute “or paragraphs in Part 2 of Schedule 1 into which the student falls is one or more of paragraphs 2A, 9, 9A, 9C and 9D”;

(d) after paragraph (16), insert—

(16A) Where—

(a) the Secretary of State determined that, by virtue of being a person with protected rights with limited leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules, 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, A no longer has extant limited leave to enter or remain granted by virtue of residence scheme immigration rules and no further leave to enter or remain has been granted under those rules,

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.

(16B) Where—

(a) the Secretary of State has determined, that by virtue of—

(i) falling within paragraph (a)(iii) or (iv) of the definition of “person with protected rights”; or

(ii) meeting the conditions in paragraph 3(1)(a)(iii) or (iv) in Part 2 of Schedule 1,

a person (“A”) is an eligible postgraduate student in connection with an application for support for an academic year of a designated postgraduate course; and

(c) as at the day before the academic year begins A is not a person with protected rights,

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.

Section 23 Amendment of regulation 160

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

(a) omit sub-paragraph (c);

(b) for sub-paragraph (e) substitute—

(e) where regulation 159(3A)(a) applies, the person becomes a person described in paragraph 12(a) of Schedule 1;

(c) in sub-paragraph (f), after “described in”, insert “paragraph 6A(1)(a) of Schedule 1 or, where regulation 159(3A)(a) applies, in”;

(d) for sub-paragraph (g) substitute—

(g) the student becomes a person described in paragraph 11A(a) of Schedule 1 or, where regulation 159(3A)(a) applies, in paragraph 11(1)(a) of Schedule 1;

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

(f) at the end of sub-paragraph (k), insert “; or”;

(g) after sub-paragraph (k), insert—

(l) the student becomes a person described in paragraph 9B(1)(a)(ii) of Schedule 1

Section 24 Amendment of regulation 163

In regulation 163 (transfer of status), after paragraph (1), insert—

(1A) Paragraph (1) applies to a person who is an eligible postgraduate student by virtue of regulation 159(3)(a)(ii) only where that person’s status as an eligible postgraduate student has not been transferred on or after 1st August 2021 from the designated postgraduate course referred to in regulation 159(3A)(a) to another designated postgraduate course.

Section 25 Amendment of Schedule 1 (eligible students)

(1) Schedule 1 (eligible students) is amended as follows.

(2) In paragraph 1 (interpretation)—

(a) in sub-paragraph (1)—

(i) omit the definitions of “EEA EFTA separation agreement”, “residence scheme immigration rules”, “right of permanent residence” and “Swiss citizens’ rights agreement”;

(ii) in the definition of “family member”—

(aa) in paragraph (a), for “or an EEA self-employed person” substitute “, an EEA self-employed person, or a relevant person of Northern Ireland who is treated as an EEA migrant worker or an EEA self-employed person by virtue of paragraph 6A(3)”;

(bb) in paragraph (c), after “Directive 2004/38”, insert “or, for the purposes of paragraph 9A, in relation to a relevant person of Northern Ireland who would fall within article 7(1)(c) of Directive 2004/38 if that person were an EU national or solely an EU national”;

(cc) in paragraph (d), after “Directive 2004/38”, insert “or, for the purposes of paragraph 9A, in relation to a relevant person of Northern Ireland who would fall within article 7(1)(b) of Directive 2004/38 if that person were an EU national or solely an EU national”;

(dd) in paragraph (e), for “paragraph 9” substitute “paragraphs 9, 9B, 9C and 9D”;

(iii) after the definition of “Swiss self-employed person”, insert—

“United Kingdom national” has the meaning given by Article 2(d) of the EU withdrawal agreement;

(b) after sub-paragraph (1), insert—

(1A) For the purposes of this Schedule, a reference to a “Member State” or “State” in Article 7 of Directive 2004/38 is to be read as including the United Kingdom.

(c) in sub-paragraph (4), after “Islands”, insert “, the territory comprising the United Kingdom, the Islands and the Republic of Ireland”;

(d) in sub-paragraph (5)—

(i) after “Islands”, insert “, the territory comprising the United Kingdom, the Islands and the Republic of Ireland”;

(ii) after paragraph (a)—

(aa) omit “and”;

(bb) insert—

(aa) in the case of members of the regular armed forces of the Republic of Ireland, any period which they serve outside the territory comprising the United Kingdom, the Islands and the Republic of Ireland as members of such forces;

(3) In paragraph 2(1)(a) (persons settled in the United Kingdom), for sub-paragraph (i) substitute—

(i) is settled in the United Kingdom and does not fall within paragraph 3;

(4) After paragraph 2, insert—

(2A)

(1) A person—

(a) who is settled in the United Kingdom on the first day of the first academic year of the course and does not fall within paragraph 3;

(b) who is —

(i) attending or undertaking a designated course in England; or

(ii) undertaking an intensive course, designated part-time course or a designated postgraduate course in England;

(c) who has been ordinarily resident in the territory comprising the United Kingdom, the Islands and the Republic of Ireland 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 ordinary residence in the territory comprising the United Kingdom, the Islands and the Republic of Ireland 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 territory comprising the United Kingdom, the Islands and the Republic of Ireland in accordance with paragraph 1(4).

(5) In paragraph 3 —

(a) for sub-paragraph (1)(a) substitute—

(a) meets one of the following conditions—

(i) the person is within the personal scope of the citizens’ rights provisions and is settled in the United Kingdom by virtue of the grant of indefinite leave to enter or remain under residence scheme immigration rules;

(ii) the person—

(aa) is within the personal scope of the citizens’ rights provisions;

(bb) is an Irish citizen settled in the United Kingdom who, pursuant to section 3ZA of the Immigration Act 1971, does not require leave to enter or remain in the United Kingdom; and

(cc) would meet the eligibility requirements for indefinite leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules if that person were to make an application for such leave;

(iii) the person—

(aa) is within the personal scope of the citizens’ rights provisions;

(bb) is a relevant person for the purposes of regulation 3 of the 2020 Citizens’ Rights Regulations; and

(cc) has, or is treated as having, a right of permanent residence for the purposes of the Immigration (European Economic Area) Regulations 2016 , as those Regulations continue to have effect by virtue of the 2020 Citizens’ Rights Regulations in relation to that person during the grace period;

(iv) the person—

(aa) is within the personal scope of the citizens’ rights provisions;

(bb) is an applicant for the purposes of regulation 4 of the 2020 Citizens’ Rights Regulations; and

(cc) has, or is treated as having, a right of permanent residence for the purposes of the Immigration (European Economic Area) Regulations 2016, as those Regulations continue to have effect by virtue of the 2020 Citizens’ Rights Regulations in relation to that person during the relevant period; or

(v) the person is a family member of a relevant person of Northern Ireland for the purposes of residence scheme immigration rules, where that family member is settled in the United Kingdom by virtue of the grant of indefinite leave to enter or remain under residence scheme immigration rules;

(b) after sub-paragraph (1), insert—

(2) For the purposes of sub-paragraph (1)(a)(ii)(cc), “eligibility requirements for indefinite leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules” means the eligibility requirements for such leave in accordance with paragraph EU11 of Appendix EU to the immigration rules (as defined in section 33(1) of the Immigration Act 1971).

(6) After paragraph 6 (workers, employed persons, self-employed persons and their family members), insert—

(6A)

(1) A person with protected rights, or a frontier worker within the meaning of regulation 3 of the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020 , who—

(a) is—

(i) an EEA migrant worker or an EEA self-employed person;

(ii) a Swiss employed person or a Swiss self-employed person;

(iii) a family member of a person mentioned in sub-paragraph (i) or (ii);

(iv) an EEA frontier worker or an EEA frontier self-employed person;

(v) a Swiss frontier employed person or a Swiss frontier self-employed person; or

(vi) a family member of a person mentioned in sub-paragraph (iv) or (v);

(b) subject to sub-paragraph (2), is ordinarily resident in England on the first day of the first academic year of the course; and

(c) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course.

(2) Paragraph (b) of sub-paragraph (1) does not apply where the person applying for support falls within paragraph (a)(iv), (v) or (vi) of sub-paragraph (1).

(3) In this paragraph, a description of a person in sub-paragraph(1)(a)(i) is to be read as if it includes a relevant person of Northern Ireland who would, if that person were an EEA national or solely an EEA national, be an EEA migrant worker or an EEA self-employed person.

(7) After paragraph 7, insert—

(7A)

(1) A person with protected rights who—

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

(b) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and

(c) is entitled to support by virtue of Article 10 of Regulation (EU) No. 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (“the Workers Regulation”), as it had effect immediately before IP completion day, as extended by the EEA Agreement , as it had effect immediately before IP completion day.

(2) For the purposes of sub-paragraph (1)(c), in Article 10 of the Workers Regulation—

(a) the reference to a “national of a Member State” is to be read as including a relevant person of Northern Ireland; and

(b) the reference to “another Member State” is to be read as including the United Kingdom, and the references to “that State” construed accordingly.

(8) After paragraph 8 (persons who are settled in the United Kingdom and have exercised a right of residence elsewhere), insert—

(8A)

(1) A person who—

(a) is settled in the United Kingdom;

(b) was ordinarily resident in England and settled in the United Kingdom immediately before leaving the United Kingdom and who has exercised a right of residence before IP completion day;

(c) was ordinarily resident immediately before IP completion day—

(i) in the territory comprising Gibraltar, the European Economic Area and Switzerland; or

(ii) in the United Kingdom, where that ordinary residence began after 31st December 2017 immediately following a period of ordinary residence in the territory comprising Gibraltar, the European Economic Area and Switzerland,

and has remained ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the period beginning on IP completion day and ending immediately before the first day of the first academic year of the course;

(d) is ordinarily resident in the United Kingdom on the day on which the first term of the first academic year actually begins;

(e) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and

(f) in a case where the person’s ordinary residence referred to in paragraph (e) was wholly or mainly for the purposes of receiving full-time education, was ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (e).

(2) For the purposes of this paragraph, a person has exercised a right of residence if that person is a United Kingdom national, a family member of a United Kingdom national for the purposes of Article 7 of Directive 2004/38 (or corresponding purposes under the EEA Agreement or Swiss Agreement) or a person who had the right of permanent residence who in each case has exercised a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA Agreement or Swiss Agreement in a state other than the United Kingdom or, in the case of a person who is settled in the United Kingdom and had the right of permanent residence, if the person has gone to the state within the territory comprising the European Economic Area and Switzerland of which the person is a national or of which the person in relation to whom the person is a family member is a national.

(3) For the purposes of sub-paragraph (2), a person had the right of permanent residence if they had a right which arose under Directive 2004/38 to reside permanently in the United Kingdom without restriction.

(9) In the heading to paragraph 9 (EU nationals), at the end, insert “etc.”.

(10) After paragraph 9, insert—

(9A)

(1) A person with protected rights—

(a) who is —

(i) an EU national on the first day of the first academic year of the course;

(ii) a family member of a person mentioned in sub-paragraph (i); or

(iii) a family member of a relevant person of Northern Ireland;

(b) who is—

(i) attending or undertaking a designated course in England; or

(ii) undertaking an intensive course, designated part-time course or a designated postgraduate course in England;

(c) who has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland 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 ordinary residence in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland 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 territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland in accordance with paragraph 1(4).

United Kingdom nationals

(9B)

(1) A person—

(a) who is—

(i) a United Kingdom national on the first day of the first academic year of the course; or

(ii) a family member of a person mentioned in sub-paragraph (i);

(b) who was ordinarily resident immediately before IP completion day—

(i) in the territory comprising the European Economic Area and Switzerland; or

(ii) in the United Kingdom, where that ordinary residence began after 31st December 2017 immediately following a period of ordinary residence in the territory comprising the European Economic Area and Switzerland,

and has remained ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the period beginning on IP completion day and ending immediately before the first day of the first academic year of the course;

(c) who is —

(i) attending or undertaking a designated course in England; or

(ii) undertaking an intensive course, designated part-time course or a designated postgraduate course in England;

(d) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and

(e) subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland has not during any part of the period referred to in paragraph (d) been wholly or mainly for the purpose of receiving full-time education.

(2) Paragraph (e) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland in accordance with paragraph 1(4).

(3) Where a person (“P”) falls within sub-paragraph (1)(a)(ii), the person in relation to whom P is a family member must also meet the requirements of sub-paragraph (1)(b) and (d).

(9C)

(1) A person—

(a) who is a family member of a person who is a United Kingdom national on the first day of the first academic year of the course;

(b) who is—

(i) attending or undertaking a designated course in England; or

(ii) undertaking an intensive course, designated part-time course or a designated postgraduate course 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 ordinary 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).

Persons resident in Gibraltar

(9D)

(1) A person—

(a) who is—

(i) a United Kingdom national who has resident status in Gibraltar granted by the Government of Gibraltar;

(ii) a family member of a United Kingdom national, where that family member has resident status in Gibraltar granted by the Government of Gibraltar;

(iii) an EU national who has a right of residence in Gibraltar arising under the EU withdrawal agreement; or

(iv) a family member of an EU national, where that family member has a right of residence in Gibraltar arising under the EU withdrawal agreement;

(b) who is —

(i) attending or undertaking a designated course in England; or

(ii) undertaking an intensive course, designated part-time course or a designated postgraduate course in England;

(c) who has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland 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 ordinary residence in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland 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 territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland in accordance with paragraph 1(4).

(11) Before paragraph 10, insert the heading “EU nationals ordinarily resident in the United Kingdom and Islands”.

(12) After paragraph 10, insert—

(10ZA) A person with protected rights who—

(a) is an EU national on the first day of the first academic year of the course;

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

(c) has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the first academic year of the course; 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 United Kingdom, Gibraltar, the European Economic Area and Switzerland immediately prior to the period of ordinary residence referred to in paragraph (c).

(13) After paragraph 11 (children of Swiss nationals), insert—

(11A) A person with protected rights who—

(a) is the child of a Swiss national who is entitled to support in the United Kingdom by virtue of Article 18(2) of the Swiss citizens’ rights agreement;

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

(c) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; 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 United Kingdom, Gibraltar, the European Economic Area and Switzerland immediately prior to the period of ordinary residence referred to in paragraph (c).

(14) After paragraph 12 (children of Turkish workers), insert—

(12A) A person who—

(a) is the child of a Turkish worker (“T”), where T was ordinarily resident in the United Kingdom immediately before IP completion day;

(b) immediately before IP completion day—

(i) was the child of T; and

(ii) was ordinarily resident in the United Kingdom;

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

(d) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area, Switzerland and Turkey throughout the three-year period preceding the first day of the first academic year of the course.

Section 26 Amendment of the Education (Fees and Awards) (England) Regulations 2007

The Education (Fees and Awards) (England) Regulations 2007 are amended as follows.

Section 27 Amendment of regulation 2

In regulation 2 (interpretation)—

(a) after the definition of “post-compulsory education award”, insert—

“specified British overseas territories” means Anguilla; Bermuda; British Antarctic Territory; British Indian Ocean Territory; British Virgin Islands; Cayman Islands; Falkland Islands; Gibraltar; Montserrat; Pitcairn, Henderson, Ducie and Oeno Islands; South Georgia and the South Sandwich Islands; St Helena and Dependencies (Ascension Island and Tristan da Cunha); and Turks and Caicos Islands;

(b) in paragraph (4)—

(i) after “Islands”, insert “, the territory comprising the United Kingdom, the Islands and the Republic of Ireland”;

(ii) after “overseas territories”, the first time it appears, insert “, the territory comprising the United Kingdom, the Islands and the specified British overseas territories”;

(c) in paragraph (5), after sub-paragraph (a), insert—

(aa) in the case of members of the regular armed forces of the Republic of Ireland, any period which they serve outside the territory comprising the United Kingdom, the Islands and the Republic of Ireland as members of such forces;

(d) in paragraph (6)—

(i) after “Islands”, insert “, the territory comprising the United Kingdom, the Islands and the Republic of Ireland”;

(ii) after “overseas territories”, insert “, the territory comprising the United Kingdom, the Islands and the specified British overseas territories”;

(e) omit paragraph (8).

Section 28 Amendment of regulation 4

In regulation 4 (fee charging)—

(a) for paragraph (1) substitute—

(1) Subject to paragraph (1B), it shall be lawful for the institutions mentioned in paragraph (3) to charge higher fees in the case of a person who does not fall within any of —

(a) paragraphs 2, 2A, 3, 4, 4A, 4B, 4C, 4D, 4E, 5, 6A, 7A, 8A, 9A, 9B, 9C, 9D, 9E, 10A, 11A, 12A and 13 of Schedule 1; or

(b) paragraphs 6, 7, 8, 9, 10, 11 and 12 of Schedule 1, where paragraph (1A) applies,

than in the case of a person who does fall within any of those paragraphs.

(1A) This paragraph applies where—

(a) in connection with a course beginning before 1st August 2021, a person (“A”) fell within any of paragraphs 6, 7, 8, 9, 10, 11 and 12 of Schedule 1 in relation to an academic year of the course beginning before 1st August 2021; and

(b) A is liable for fees in connection with—

(i) that course; or

(ii) a course provided by an institution mentioned in paragraph (3) to which A transfers from that course.

(1B) In relation to a course beginning on or after 1st January 2028, paragraph (1) has effect as if sub-paragraph (a) did not mention paragraphs 8A and 9B of Schedule 1.

(b) in paragraph (2), after “within”, insert “a paragraph of”.

Section 29 Amendment of regulation 5

In regulation 5(1) (awards by local authorities)—

(a) in paragraph (1)—

(i) at the beginning, insert “Subject to paragraph (2),”;

(ii) for sub-paragraphs (b) and (c) substitute—

(b) confine eligibility in the case of fees awards to those persons who fall within any of paragraphs 2, 2A, 3, 4, 4A, 4B, 4C, 4D, 4E, 6A, 7A, 8A, 9A, 9B, 9C, 9D, 9E, 10A, 11A, 12A and 13 of Schedule 1; or

(c) confine eligibility in the case of maintenance awards to those persons who fall within any of paragraphs 2, 3, 4, 4A, 4B, 4C, 4D, 4E, 6A, 7A, 8A, 9B, 10A, 11A, 12A and 13 of Schedule 1.

(b) after paragraph (1), insert—

(2) In relation to a course beginning on or after 1st January 2028, paragraph (1) has effect as if sub-paragraphs (b) and (c), in each case, did not mention paragraphs 8A and 9B of Schedule 1.

Section 30 Amendment of regulation 6

In regulation 6 (awards by research councils, UKRI and others)—

(a) in paragraph (1)—

(i) at the beginning, insert “Subject to paragraph (1C),”

(ii) for sub-paragraphs (b) and (c) substitute—

(b) confine eligibility in the case of fees awards in connection with courses of education or training or the undertaking of research to those persons who fall within any of —

(i) paragraphs 2, 2A, 3, 4, 4A, 4B, 4C, 4D, 4E, 6A, 7A, 8A, 9A, 9B, 9C, 9D, 9E, 10A, 11A, 12A and 13 of Schedule 1; or

(ii) paragraphs 6, 7, 8, 9, 10, 11 and 12 of Schedule 1, where paragraph (1A) applies; or

(c) confine eligibility in the case of maintenance awards in connection with courses of education or training or the undertaking of research to those persons who fall within any of—

(i) paragraphs 2, 3, 4, 4A, 4B, 4C, 4D, 4E, 6A, 7A, 8A, 9B, 10A, 11A, 12A and 13 of Schedule 1; or

(ii) paragraphs 6, 7, 8, 10, 11 and 12 of Schedule 1, where paragraph (1B) applies.

(iii) after paragraph (1), insert—

(1A) This paragraph applies where—

(a) in connection with courses of education or training, or the undertaking of research, beginning before 1st August 2021, a person (“A”) was eligible for an award by virtue of falling within any of paragraphs 6, 7, 8, 9, 10, 11 and 12 of Schedule 1 in relation to an academic year of that course or research beginning before 1st August 2021; and

(b) A’s eligibility for an award is being assessed in relation to that course or research.

(1B) This paragraph applies where—

(a) in connection with courses of education or training, or the undertaking of research, beginning before 1st August 2021, a person (“A”) was eligible for an award by virtue of falling within any of paragraphs 6, 7, 8, 10, 11 and 12 of Schedule 1, in relation to an academic year of that course or research beginning before 1st August 2021; and

(b) A’s eligibility for an award is being assessed in relation to that course or research.

(1C) In relation to a course of education or training or the undertaking of research beginning on or after 1st January 2028, paragraph (1) has effect as if sub-paragraphs (b) and (c), in each case, did not mention paragraphs 8A and 9B of Schedule 1.

(b) in sub-paragraph (3), for “paragraph 9”, insert “paragraph 2A, paragraph 9, paragraph 9A, paragraph 9B, paragraph 9C, paragraph 9D or paragraph 9E”.

Section 31 Amendment of regulation 7

In regulation 7 (headed “payments by the Training and Development Agency for Schools”, but now relating to payments by the Secretary of State) —

(a) in paragraphs (1) and (2), in each case—

(i) at the beginning, insert “Subject to paragraph (3),”;

(ii) after the words “who fall within”, insert “any of paragraphs 2, 2A, 3, 4, 4A, 4B, 4C, 4D, 4E, 5, 6A, 7A, 8A, 9A, 9B, 9C, 9D, 9E, 10A, 11A, 12A and 13 of”;

(b) after paragraph (2), insert—

(3) In relation to an award made on or after 1st January 2028, paragraphs (1) and (2) have effect as if, in each case, they did not mention paragraphs 8A and 9B of Schedule 1.

Section 32 Amendment of regulation 8

In regulation 8 (payments by the OfS)—

(a) in paragraphs (1) and (2), in each case—

(i) at the beginning, insert “Subject to paragraph (4),”;

(ii) for “within Schedule 1” substitute—

within any of—

(a) paragraphs 2, 2A, 3, 4, 4A, 4B, 4C, 4D, 4E, 5, 6A, 7A, 8A, 9A, 9B, 9C, 9D, 9E, 10A, 11A, 12A and 13 of Schedule 1; or

(b) paragraphs 6, 7, 8, 9, 10, 11 and 12 of Schedule 1, where paragraph (3) applies.

(b) after paragraph (2), insert—

(3) This paragraph applies where—

(a) in connection with training beginning before 1st August 2021, a person (“A”) was eligible for an award by virtue of falling within any of paragraphs 6, 7, 8, 9, 10, 11 and 12 of Schedule 1 in relation to an academic year beginning before 1st August 2021; and

(b) A’s eligibility for an award is being assessed in relation to that training.

(4) In relation to training beginning on or after 1st January 2028, paragraphs (1) and (2) have effect as if, in each case, sub-paragraph (a) did not mention paragraphs 8A and 9B of Schedule 1.

Section 33 Amendment of regulation 9

In regulation 9 (payments by the Secretary of State)—

(a) in paragraphs (1) and (2), in each case—

(i) at the beginning, insert “Subject to paragraph (4),”;

(ii) for “within Schedule 1” substitute—

within any of—

(a) paragraphs 2, 2A, 3, 4, 4A, 4B, 4C, 4D, 4E, 5, 6A, 7A, 8A, 9A, 9B, 9C, 9D, 9E, 10A, 11A, 12A and 13 of Schedule 1; or

(b) paragraphs 6, 7, 8, 9, 10, 11 and 12 of Schedule 1, where paragraph (3) applies.

(b) after paragraph (2), insert—

(3) This paragraph applies where—

(a) a person (“A”) was eligible for an award by virtue of falling within any of paragraphs 6, 7, 8, 9, 10, 11 and 12 of Schedule 1 in relation to an academic year beginning before 1st August 2021; and

(b) A’s eligibility for a further award is being assessed in connection with that award.

(4) In relation to an award made on or after 1st January 2028, paragraphs (1) and (2) have effect as if, in each case, sub-paragraph (a) did not mention paragraphs 8A and 9B of Schedule 1.

Section 34 Amendment of regulation 9A

In regulation 9A (payments by a combined authority)—

(a) in paragraphs (1) and (2), in each case—

(i) at the beginning, insert “Subject to paragraph (4),”

(ii) after the words “who fall within”, insert “any of paragraphs 2, 2A, 3, 4, 4A, 4B, 4C, 4D, 4E, 5, 6A, 7A, 8A, 9A, 9B, 9C, 9D, 9E, 10A, 11A, 12A and 13 of”;

(b) after paragraph (3), insert—

(4) In relation to an award made on or after 1st January 2028, paragraphs (1) and (2) have effect as if, in each case, they did not mention paragraphs 8A and 9B of Schedule 1.

Section 35 Amendment of Schedule 1

(1) Schedule 1 (eligible students) is amended as follows.

(2) In paragraph 1 (interpretation) —

(a) number the existing text as sub-paragraph (1);

(b) in sub-paragraph (1) as so numbered—

(i) before the definition of “Directive 2004/38”, insert—

“the 2020 Citizens’ Rights Regulations” means the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020;

(ii) in the definition of “family member”—

(aa) in paragraph (a), for “or an EEA self-employed person” substitute “, an EEA self-employed person, or a relevant person of Northern Ireland who is treated as an EEA migrant worker or an EEA self-employed person by virtue of paragraph 6A(3)”;

(bb) in paragraph (c), after “Directive 2004/38”, insert “or, for the purposes of paragraph 9A, in relation to a relevant person of Northern Ireland who would fall within article 7(1)(c) of Directive 2004/38 if that person were an EU national or solely an EU national”;

(cc) in paragraph (d), after “Directive 2004/38”, insert “or, for the purposes of paragraph 9A, in relation to a relevant person of Northern Ireland who would fall within article 7(1)(b) of Directive 2004/38 if that person were an EU national or solely an EU national”;

(dd) in paragraph (e), for “paragraph 9” substitute “, paragraphs 9, 9B, 9C, 9D and 9E”;

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

“grace period” has the meaning given by regulation 3 of the 2020 Citizens’ Rights Regulations;

(iv) after the definition of “person granted stateless leave”, insert—

“person with protected rights” means—

a person within the personal scope of the citizens’ rights provisions who—

has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules;

is an Irish citizen who, pursuant to section 3ZA of the Immigration Act 1971, does not require leave to enter or remain in the United Kingdom;

is a relevant person for the purposes of regulation 3 of the 2020 Citizens’ Rights Regulations where the grace period has not ended; or

is an applicant for the purposes of regulation 4 of the 2020 Citizens’ Rights Regulations where the relevant period has not expired; or

a family member of a relevant person of Northern Ireland for the purposes of residence scheme immigration rules, where that family member has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules;

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

“relevant period” has the meaning given by regulation 4 of the 2020 Citizens’ Rights Regulations;

“relevant person of Northern Ireland” has the meaning given by residence scheme immigration rules;

(vi) omit the definition of “right of permanent residence”;

(vii) after the definition of “Swiss self-employed person”, insert—

“United Kingdom national” has the meaning given by Article 2(d) of the EU withdrawal agreement;

(c) after paragraph (1), insert—

(2) For the purposes of this Schedule, a reference to a “Member State” or “State” in Article 7 of Directive 2004/38 is to be read as including the United Kingdom.

(3) For the purposes of this Schedule, a person is within the personal scope of the citizens’ rights provisions if that person falls within—

(a) Article 10 (personal scope) of the EU withdrawal agreement;

(b) Article 9 (personal scope) of the EEA EFTA separation agreement; or

(c) Article 10 (personal scope) of the Swiss citizens’ rights agreement.

(3) In paragraph 2(1)(a) (persons who are settled in the United Kingdom), for sub-paragraph (i) substitute—

(i) is settled in the United Kingdom and does not fall within paragraph 3;

(4) After paragraph 2, insert—

(2A)

(1) A person—

(a) who is settled in the United Kingdom on the first day of the first academic year of the course and does not fall within paragraph 3;

(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 territory comprising the United Kingdom, the Islands and the Republic of Ireland 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 ordinary residence in the territory comprising the United Kingdom, the Islands and the Republic of Ireland 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 territory comprising the United Kingdom, the Islands and the Republic of Ireland in accordance with regulation 2(4).

(5) In paragraph 3 —

(a) number the existing text as sub-paragraph (1);

(b) for sub-paragraph (1)(a) as so numbered substitute—

(a) meets one of the following conditions on the first day of an academic year of the course—

(i) the person is within the personal scope of the citizens’ rights provisions and is settled in the United Kingdom by virtue of the grant of indefinite leave to enter or remain under residence scheme immigration rules;

(ii) the person—

(aa) is within the personal scope of the citizens’ rights provisions;

(bb) is an Irish citizen settled in the United Kingdom who, pursuant to section 3ZA of the Immigration Act 1971, does not require leave to enter or remain in the United Kingdom; and

(cc) would meet the eligibility requirements for indefinite leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules if that person were to make an application for such leave;

(iii) the person—

(aa) is within the personal scope of the citizens’ rights provisions;

(bb) is a relevant person for the purposes of regulation 3 of the 2020 Citizens’ Rights Regulations; and

(cc) has, or is treated as having, a right of permanent residence for the purposes of the Immigration (European Economic Area) Regulations 2016, as those Regulations continue to have effect by virtue of the 2020 Citizens’ Rights Regulations in relation to that person during the grace period;

(iv) the person—

(aa) is within the personal scope of the citizens’ rights provisions;

(bb) is an applicant for the purposes of regulation 4 of the 2020 Citizens’ Rights Regulations; and

(cc) has, or is treated as having, a right of permanent residence for the purposes of the Immigration (European Economic Area) Regulations 2016, as those Regulations continue to have effect by virtue of the 2020 Citizens’ Rights Regulations in relation to that person during the relevant period; or

(v) the person is a family member of a relevant person of Northern Ireland for the purposes of residence scheme immigration rules, where that family member is settled in the United Kingdom by virtue of the grant of indefinite leave to enter or remain under residence scheme immigration rules;

(c) after sub-paragraph (1), insert—

(2) For the purposes of sub-paragraph (1)(a)(ii)(cc), “eligibility requirements for indefinite leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules” means the eligibility requirements for such leave in accordance with paragraph EU11 of Appendix EU to the immigration rules (as defined in section 33(1) of the Immigration Act 1971).

(6) After paragraph 6 (workers, employed persons, self-employed persons and their family members), insert—

(6A)

(1) A person with protected rights, or a frontier worker within the meaning of regulation 3 of the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020, who—

(a) is—

(i) an EEA migrant worker or an EEA self-employed person;

(ii) a Swiss employed person or a Swiss self-employed person;

(iii) a family member of a person mentioned in sub-paragraph (i) or (ii);

(iv) an EEA frontier worker or an EEA frontier self-employed person;

(v) a Swiss frontier employed person or a Swiss frontier self-employed person; or

(vi) a family member of a person mentioned in sub-paragraph (iv) or (v);

(b) subject to sub-paragraph (2), is ordinarily resident in the United Kingdom on the first day of the first academic year of the course; and

(c) has been ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course.

(2) Paragraph (b) of sub-paragraph (1) does not apply where the person applying for support falls within paragraph (a)(iv), (v) or (vi) of sub-paragraph (1).

(3) In this paragraph, a description of a person in sub-paragraph(1)(a)(i) is to be read as if it includes a relevant person of Northern Ireland who would, if that person were an EEA national or solely an EEA national, be an EEA migrant worker or an EEA self-employed person.

(7) After paragraph 7, insert—

(7A)

(1) A person with protected rights who—

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

(b) has been ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course; and

(c) is entitled to support by virtue of Article 10 of Regulation (EU) No. 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (“the Workers Regulation”), as it had effect immediately before IP completion day, as extended by the EEA Agreement, as it had effect immediately before IP completion day.

(2) For the purposes of sub-paragraph (1)(c), in Article 10 of the Workers Regulation—

(a) the reference to a “national of a Member State” is to be read as including a relevant person of Northern Ireland; and

(b) the reference to “another Member State” is to be read as including the United Kingdom, and the references to “that State” construed accordingly.

(8) After paragraph 8 (persons who are settled in the United Kingdom and have exercised a right of residence elsewhere), insert—

(8A)

(1) A person who—

(a) is settled in the United Kingdom;

(b) left the United Kingdom and exercised a right of residence before IP completion day after having been settled in the United Kingdom;

(c) was ordinarily resident immediately before IP completion day—

(i) in the territory comprising the European Economic Area, Switzerland and the overseas territories; or

(ii) in the United Kingdom, where that ordinary residence began after 31st December 2017 immediately following a period of ordinary residence in the territory comprising the European Economic Area, Switzerland and the overseas territories,

and has remained ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories throughout the period beginning on IP completion day and ending immediately before the first day of the first academic year of the course;

(d) is ordinarily resident in the United Kingdom on the day on which the first term of the first academic year actually begins;

(e) has been ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course; and

(f) in a case where the person’s ordinary residence referred to in paragraph (e) was wholly or mainly for the purposes of receiving full-time education, was ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (e).

(2) For the purposes of this paragraph, a person has exercised a right of residence if that person is a United Kingdom national, a family member of a United Kingdom national for the purposes of Article 7 of Directive 2004/38 (or corresponding purposes under the EEA Agreement or Swiss Agreement) or a person who had the right of permanent residence who in each case has exercised a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA Agreement or Swiss Agreement in a state other than the United Kingdom or, in the case of a person who is settled in the United Kingdom and had the right of permanent residence, if the person has gone to the state within the territory comprising the European Economic Area and Switzerland of which the person is a national or of which the person in relation to whom the person is a family member is a national.

(3) For the purposes of sub-paragraph (2), a person had the right of permanent residence if they had a right which arose under Directive 2004/38 to reside permanently in the United Kingdom without restriction.

(9) In the heading to paragraph 9 (EU nationals), at the end, insert “etc.”.

(10) After paragraph 9, insert—

(9A)

(1) A person with protected rights—

(a) who is —

(i) an EU national on the first day of the first academic year of the course;

(ii) a family member of a person mentioned in sub-paragraph (i); or

(iii) a family member of a relevant person of Northern Ireland;

(b) who is undertaking the course in the United Kingdom;

(c) who, subject to sub-paragraph (2), has been ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course; and

(d) subject to sub-paragraph (3), whose ordinary residence in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories 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 (c) of sub-paragraph (1) does not apply to a family member of a person who—

(a) is an EU national or a relevant person of Northern Ireland; and

(b) has been ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course.

(3) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories in accordance with regulation 2(4).

United Kingdom nationals

(9B)

(1) A person—

(a) who is—

(i) a United Kingdom national on the first day of an academic year of the course; or

(ii) a family member of a person mentioned in sub-paragraph (i);

(b) who was ordinarily resident immediately before IP completion day—

(i) in the territory comprising the European Economic Area, Switzerland and the EU overseas territories; or

(ii) in the United Kingdom, where that ordinary residence began after 31st December 2017 immediately following a period of ordinary residence in the territory comprising the European Economic Area, Switzerland and the EU overseas territories,

and has remained ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the EU overseas territories throughout the period beginning on IP completion day and ending immediately before the first day of the first academic year of the course;

(c) who is undertaking the course in the United Kingdom;

(d) who, subject to sub-paragraph (2), has been ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course; and

(e) subject to sub-paragraph (3), whose ordinary residence in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories has not during any part of the period referred to in paragraph (d) been wholly or mainly for the purpose of receiving full-time education.

(2) Paragraph (d) of sub-paragraph (1) does not apply to the family member of a United Kingdom national, where that United Kingdom national—

(a) had, before IP completion day, exercised a right to reside in the territory of a Member State under Article 7(1) of Directive 2004/38; and

(b) has been ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course.

(3) Paragraph (e) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories in accordance with regulation 2(4).

(4) Where a person (“P”) falls within sub-paragraph (1)(a)(ii), the person in relation to whom P is a family member must also meet the requirements of sub-paragraph (1)(b) and (d).

(5) In this paragraph, “EU overseas territories” means Aruba; Faroe Islands; French Polynesia; French Southern and Antarctic Territories; Mayotte; Greenland; Netherlands Antilles (Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten); St Barthélemy; St Pierre et Miquelon; the Territory of New Caledonia and Dependencies; and Wallis and Futuna.

(9C)

(1) A person—

(a) who is—

(i) a United Kingdom national on the first day of the first academic year of the course; or

(ii) a family member of a person mentioned in sub-paragraph (i);

(b) who is undertaking the course in the United Kingdom;

(c) who has been ordinarily resident in the specified British overseas territories for at least part of the three year period preceding the first day of the first academic year of the course;

(d) who has been ordinarily resident in the territory comprising the United Kingdom, the Islands and the specified British overseas territories throughout the three-year period preceding the first day of the first academic year of the course; and

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

(2) Paragraph (e) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, the Islands and the specified British overseas territories in accordance with regulation 2(4).

(9D)

(1) A person—

(a) who is a family member of a person who is a United Kingdom national on the first day of the first academic year of the course;

(b) who is undertaking the course in the United Kingdom;

(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 ordinary 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).

Persons resident in Gibraltar

(9E)

(1) A person—

(a) who is—

(i) a United Kingdom national who has resident status in Gibraltar granted by the Government of Gibraltar;

(ii) a family member of a United Kingdom national, where that family member has resident status in Gibraltar granted by the Government of Gibraltar;

(iii) an EU national who has a right of residence in Gibraltar arising under the EU withdrawal agreement; or

(iv) a family member of an EU national, where that family member has a right of residence in Gibraltar arising under the EU withdrawal agreement;

(b) who is undertaking the course in the United Kingdom;

(c) who, subject to paragraph (2), has been ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course; and

(d) subject to sub-paragraph (3), whose ordinary residence in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories 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 (c) of sub-paragraph (1) does not apply to a family member of a person who—

(a) is an EU national or a relevant person of Northern Ireland; and

(b) has been ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course.

(3) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories in accordance with regulation 2(4).

(11) Before paragraph 10, insert the heading “EU nationals ordinarily resident in the United Kingdom and Islands”.

(12) After paragraph 10, insert—

(10A) A person with protected rights who—

(a) is an EU national on the first day of the first academic year of the course;

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

(c) has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the first academic year of the course; 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 United Kingdom, the European Economic Area, Switzerland and the overseas territories immediately prior to the period of ordinary residence referred to in paragraph (c).

(13) After paragraph 11 (children of Swiss nationals), insert—

(11A) A person with protected rights who—

(a) is the child of a Swiss national who is entitled to support in the United Kingdom by virtue of Article 18(2) of the Swiss citizens’ rights agreement;

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

(c) has been ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course; 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 United Kingdom, Gibraltar, the European Economic Area and Switzerland immediately prior to the period of ordinary residence referred to in paragraph (c).

(14) After paragraph 12 (children of Turkish workers), insert—

(12A) A person who—

(a) is the child of a Turkish worker (“T”), where T was ordinarily resident in the United Kingdom immediately before IP completion day;

(b) immediately before IP completion day—

(i) was the child of T; and

(ii) was ordinarily resident in the United Kingdom;

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

(d) has been ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland, Turkey and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course.

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

The Education (Student Support) (European University Institute) Regulations 2010 are amended as follows.

Section 37 Amendment of regulation 3

In regulation 3 (interpretation)—

(a) number the existing text as paragraph (1);

(b) in paragraph (1) as so numbered—

(i) after the definition of “2006 Regulations”, insert—

“2020 Citizens’ Rights Regulations” means the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020;

(ii) after the definition of “European Union”, insert—

“grace period” has the meaning given by regulation 3 of the 2020 Citizens’ Rights Regulations;

(iii) after the definition of “person granted stateless leave”, insert—

“person with protected rights” means—

a person within the personal scope of the citizens’ rights provisions who—

has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules;

is an Irish citizen who, pursuant to section 3ZA of the Immigration Act 1971, does not require leave to enter or remain in the United Kingdom;

is a relevant person for the purposes of regulation 3 of the 2020 Citizens’ Rights Regulations where the grace period has not ended; or

is an applicant for the purposes of regulation 4 of the 2020 Citizens’ Rights Regulations where the relevant period has not expired; or

a family member of a relevant person of Northern Ireland for the purposes of residence scheme immigration rules, where that family member has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules;

(iv) after the definition of “relevant date”, insert—

“relevant period” has the meaning given by regulation 4 of the 2020 Citizens’ Rights Regulations;

“relevant person of Northern Ireland” has the meaning given by residence scheme immigration rules;

“residence scheme immigration rules” has the meaning given by section 17(1) of the European Union (Withdrawal Agreement) Act 2020;

(v) after the definition of “supplementary grant”, insert—

“Swiss citizens’ rights agreement” has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;

(c) after paragraph (1), insert—

(2) For the purposes of these Regulations, a person is within the personal scope of the citizens’ rights provisions if that person falls within—

(a) Article 10 (personal scope) of the EU withdrawal agreement;

(b) Article 9 (personal scope) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020); or

(c) Article 10 (personal scope) of the Swiss citizens’ rights agreement.

Section 38 Amendment of regulation 9

In regulation 9 (eligible students)—

(a) in paragraph (2)—

(i) after “paragraphs”, insert “(2B),”;

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

(b) the Secretary of State determines in connection with an application for support under these Regulations that the person falls within one of the categories set out—

(i) in paragraphs 2, 2A, 3, 4, 4A, 4B, 4C, 4D, 4E, 5, 6A, 7A, 8A, 9A, 9B, 9C, 9D, 10ZA, 11A, 12A and 13 in Part 2 of Schedule 1; or

(ii) in paragraphs 6, 7, 8, 9, 10, 10A, 11 and 12 in Part 2 of Schedule 1, where paragraph (2A) applies.

(2A) This paragraph applies where—

(a) in connection with a designated course beginning before 1st August 2021, the Secretary of State, in assessing an application for support by a person (“A”), determined that A fell within one of the categories set out in paragraphs 6, 7, 8, 9, 10, 10A, 11 and 12 in Part 2 of Schedule 1 in relation to an academic year of the course beginning before 1st August 2021; and

(b) A applies for support in connection with that course, or a designated course to which A’s status as an eligible student is transferred from that course in accordance with this Part.

(2B) In connection with a designated course beginning on or after 1st January 2028, paragraph (2)(b) has effect as if it did not mention paragraphs 8A, 9B and 9D.

(b) in paragraph (9), for “(7), (10) and (11)”, insert “(2B), (7) and (10) to (11B)”;

(c) after paragraph (11), insert—

(11A) Where—

(a) the Secretary of State determined that, by virtue of being a person with protected rights with limited leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules, a person (“A”) was an eligible 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 at the Institute from which A’s status as an eligible 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, A no longer has extant limited leave to enter or remain granted by virtue of residence scheme immigration rules and no further leave to enter or remain has been granted under those rules,

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

(11B) Where—

(a) the Secretary of State has determined that, by virtue of—

(i) falling within paragraph (a)(iii) or (iv) of the definition of “person with protected rights”; or

(ii) meeting the conditions in paragraph 3(1)(a)(iii) or (iv) in Part 2 of Schedule 1,

a person (“A”) is an eligible student in connection with an application for support for an academic year of a designated course; and

(b) as at the day before the academic year begins, A is not a person with protected rights,

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

Section 39 Amendment of regulation 12

In regulation 12 (transfer of eligibility), after paragraph (1), insert—

(1A) Paragraph (1) applies to a person who is an eligible student by virtue of regulation 9(2)(b)(ii) only where that person’s status as an eligible student has not been transferred on or after 1st August 2021 from the designated course referred to in regulation 9(2A)(a) to another designated course.

Section 40 Amendment of regulation 17

In regulation 17(2) (grants for living and other costs), for the words from “paragraph 9” to the end substitute “the only paragraph or paragraphs in Part 2 of Schedule 1 into which the student falls is one or more of paragraphs 2A, 9, 9A, 9C, 9D, 10 and 10ZA”.

Section 41 Amendment of regulation 19

In regulation 19(2) (disabled students’ allowance), for the words from “paragraph 9” to the end substitute “the only paragraph or paragraphs in Part 2 of Schedule 1 into which the student falls is one or more of paragraphs 2A, 9, 9A, 9C, 9D, 10 and 10ZA”.

Section 42 Amendment of regulation 22

In regulation 22(3) (adult dependants’ grant), for the words from “paragraph 9” to the end substitute “the only paragraph or paragraphs in Part 2 of Schedule 1 into which the student falls is one or more of paragraphs 2A, 9, 9A, 9C, 9D, 10 and 10ZA”.

Section 43 Amendment of regulation 24

In regulation 24(2) (parents’ learning allowance), for the words from “paragraph 9” to the end substitute “the only paragraph or paragraphs in Part 2 of Schedule 1 into which the student falls is one or more of paragraphs 2A, 9, 9A, 9C, 9D, 10 and 10ZA”.

Section 44 Amendment of Schedule 1

(1) Schedule 1 (eligible students) is amended as follows.

(2) In paragraph 1 (interpretation)—

(a) in sub-paragraph (1)—

(i) omit the definitions of “EEA EFTA separation agreement”, “residence scheme immigration rules”, “right of permanent residence” and “Swiss citizens’ rights agreement”;

(ii) in the definition of “family member”—

(aa) in paragraph (a), for “or an EEA self-employed person” substitute “, an EEA self-employed person, or a relevant person of Northern Ireland who is treated as an EEA migrant worker or an EEA self-employed person by virtue of paragraph 6A(3)”;

(bb) in paragraph (c), after “Directive 2004/38”, insert “or, for the purposes of paragraph 9A, in relation to a relevant person of Northern Ireland who would fall within article 7(1)(c) of Directive 2004/38 if that person were an EU national or solely an EU national”;

(cc) in paragraph (d), after “Directive 2004/38”, insert “or, for the purposes of paragraph 9A, in relation to a relevant person of Northern Ireland who would fall within article 7(1)(b) of Directive 2004/38 if that person were an EU national or solely an EU national”;

(dd) in paragraph (e), for “paragraph 9” substitute “paragraphs 9, 9B, 9C and 9D”;

(iii) for the definition of “United Kingdom national” substitute—

“United Kingdom national” has the meaning given by Article 2(d) of the EU withdrawal agreement;

(b) after sub-paragraph (5), insert—

(5A) For the purposes of this Schedule, a reference to a “Member State” or “State” in Article 7 of Directive 2004/38 is to be read as including the United Kingdom.

(c) in sub-paragraph (7), after “Islands”, in both places it occurs, insert “, the territory comprising the United Kingdom, the Islands and the Republic of Ireland”;

(d) in sub-paragraph (8)—

(i) after “United Kingdom” the first time it appears, insert “, the territory comprising the United Kingdom, the Islands and the Republic of Ireland”;

(ii) after paragraph (a)—

(aa) omit “and”;

(bb) insert—

(aa) in the case of members of the regular armed forces of the Republic of Ireland, any period which they serve outside the territory comprising the United Kingdom, the Islands and the Republic of Ireland as members of such forces; and

(3) In paragraph 2(1) (persons settled in the United Kingdom), for paragraph (a) substitute—

(a) is settled in the United Kingdom on the relevant date and does not fall within paragraph 3;

(4) After paragraph 2, insert—

(2A)

(1) A person—

(a) who is settled in the United Kingdom on the relevant date and does not fall within paragraph 3;

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

(c) who has been ordinarily resident in the territory comprising the United Kingdom, the Islands and the Republic of Ireland 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 ordinary residence in the territory comprising the United Kingdom, the Islands and the Republic of Ireland 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 territory comprising the United Kingdom, the Islands and the Republic of Ireland in accordance with paragraph 1(7).

(5) In paragraph 3 —

(a) number the existing text as sub-paragraph (1);

(b) for sub-paragraph (1)(a) as so numbered substitute—

(a) meets one of the following conditions on the relevant date—

(i) the person is within the personal scope of the citizens’ rights provisions and is settled in the United Kingdom by virtue of the grant of indefinite leave to enter or remain under residence scheme immigration rules;

(ii) the person—

(aa) is within the personal scope of the citizens’ rights provisions;

(bb) is an Irish citizen settled in the United Kingdom who, pursuant to section 3ZA of the Immigration Act 1971, does not require leave to enter or remain in the United Kingdom; and

(cc) would meet the eligibility requirements for indefinite leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules if that person were to make an application for such leave;

(iii) the person—

(aa) is within the personal scope of the citizens’ rights provisions;

(bb) is a relevant person for the purposes of regulation 3 of the 2020 Citizens’ Rights Regulations; and

(cc) has, or is treated as having, a right of permanent residence for the purposes of the Immigration (European Economic Area) Regulations 2016, as those Regulations continue to have effect by virtue of the 2020 Citizens’ Rights Regulations in relation to that person during the grace period;

(iv) the person—

(aa) is within the personal scope of the citizens’ rights provisions;

(bb) is an applicant for the purposes of regulation 4 of the 2020 Citizens’ Rights Regulations; and

(cc) has, or is treated as having, a right of permanent residence for the purposes of the Immigration (European Economic Area) Regulations 2016, as those Regulations continue to have effect by virtue of the 2020 Citizens’ Rights Regulations in relation to that person during the relevant period; or

(v) the person is a family member of a relevant person of Northern Ireland for the purposes of residence scheme immigration rules, where that family member is settled in the United Kingdom by virtue of the grant of indefinite leave to enter or remain under residence scheme immigration rules;

(c) after sub-paragraph (1), insert—

(2) For the purposes of sub-paragraph (1)(a)(ii)(cc), “eligibility requirements for indefinite leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules” means the eligibility requirements for such leave in accordance with paragraph EU11 of Appendix EU to the immigration rules (as defined in section 33(1) of the Immigration Act 1971).

(6) After paragraph 6 (workers, employed persons, self-employed persons and their family members), insert—

(6A)

(1) A person with protected rights, or a frontier worker within the meaning of regulation 3 of the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020, who—

(a) on the relevant date, is—

(i) an EEA migrant worker or an EEA self-employed person;

(ii) a Swiss employed person or a Swiss self-employed person;

(iii) a family member of a person mentioned in sub-paragraph (i) or (ii);

(iv) an EEA frontier worker or an EEA frontier self-employed person;

(v) a Swiss frontier employed person or a Swiss frontier self-employed person; or

(vi) a family member of a person mentioned in sub-paragraph (iv) or (v);

(b) subject to sub-paragraph (2), is ordinarily resident in England on the relevant date; and

(c) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the relevant date.

(2) Paragraph (b) of sub-paragraph (1) does not apply where the person applying for support falls within paragraph (a)(iv), (v) or (vi) of sub-paragraph (1).

(3) In this paragraph, a description of a person in sub-paragraph(1)(a)(i) is to be read as if it includes a relevant person of Northern Ireland who would, if that person were an EEA national or solely an EEA national, be an EEA migrant worker or an EEA self-employed person.

(7) After paragraph 7, insert—

(7A)

(1) A person with protected rights who—

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

(b) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the relevant date; and

(c) is entitled to support by virtue of Article 10 of Regulation (EU) No. 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (“the Workers Regulation”), as it had effect immediately before IP completion day, as extended by the EEA Agreement, as it had effect immediately before IP completion day.

(2) For the purposes of sub-paragraph (1)(c), in Article 10 of the Workers Regulation—

(a) the reference to a “national of a Member State” is to be read as including a relevant person of Northern Ireland; and

(b) the reference to “another Member State” is to be read as including the United Kingdom, and the references to “that State” construed accordingly.

(8) After paragraph 8 (persons who are settled in the United Kingdom and have exercised a right of residence elsewhere), insert—

(8A)

(1) A person who—

(a) is settled in the United Kingdom;

(b) was ordinarily resident in England and settled in the United Kingdom immediately before leaving the United Kingdom and who has exercised a right of residence before IP completion day;

(c) was ordinarily resident immediately before IP completion day—

(i) in the territory comprising Gibraltar, the European Economic Area and Switzerland; or

(ii) in the United Kingdom, where that ordinary residence began after 31st December 2017 immediately following a period of ordinary residence in the territory comprising Gibraltar, the European Economic Area and Switzerland,

and has remained ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the period beginning on IP completion day and ending immediately before the relevant date;

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

(e) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the relevant date; and

(f) in a case where the person’s ordinary residence referred to in paragraph (e) was wholly or mainly for the purposes of receiving full-time education, was ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (e).

(2) For the purposes of this paragraph, a person has exercised a right of residence if that person is a United Kingdom national, a family member of a United Kingdom national for the purposes of Article 7 of Directive 2004/38 (or corresponding purposes under the EEA Agreement or Swiss Agreement) or a person who had the right of permanent residence who in each case has exercised a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA Agreement or Swiss Agreement in a state other than the United Kingdom or, in the case of a person who is settled in the United Kingdom and had the right of permanent residence, if the person has gone to the state within the territory comprising the European Economic Area and Switzerland of which the person is a national or of which the person in relation to whom the person is a family member is a national.

(3) For the purposes of sub-paragraph (2), a person had the right of permanent residence if they had a right which arose under Directive 2004/38 to reside permanently in the United Kingdom without restriction.

(9) In the heading to paragraph 9 (EU nationals), at the end, insert “etc.”.

(10) After paragraph 9, insert—

(9A)

(1) A person with protected rights—

(a) who on the relevant date is —

(i) an EU national;

(ii) a family member of a person mentioned in sub-paragraph (i); or

(iii) a family member of a relevant person of Northern Ireland;

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

(c) who has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the relevant date; and

(d) subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland 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 territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland in accordance with paragraph 1(7).

United Kingdom nationals

(9B)

(1) A person—

(a) who on the relevant date is—

(i) a United Kingdom national; or

(ii) a family member of a person mentioned in sub-paragraph (i);

(b) who was ordinarily resident immediately before IP completion day—

(i) in the territory comprising the European Economic Area and Switzerland; or

(ii) in the United Kingdom, where that ordinary residence began after 31st December 2017 immediately following a period of ordinary residence in the territory comprising the European Economic Area and Switzerland,

and has remained ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the period beginning on IP completion day and ending immediately before the relevant date;

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

(d) who has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the relevant date; and

(e) subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland has not during any part of the period referred to in paragraph (d) been wholly or mainly for the purpose of receiving full-time education.

(2) Paragraph (e) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland in accordance with paragraph 1(7).

(3) Where a person (“P”) falls within sub-paragraph (1)(a)(ii), the person in relation to whom P is a family member must also meet the requirements of sub-paragraph (1)(b) and (d).

(9C)

(1) A person—

(a) who on the relevant date is a family member of a person who is a United Kingdom national;

(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 ordinary 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).

Persons resident in Gibraltar

(9D)

(1) A person—

(a) who on the relevant date is —

(i) a United Kingdom national who has resident status in Gibraltar granted by the Government of Gibraltar;

(ii) a family member of a United Kingdom national, where that family member has resident status in Gibraltar granted by the Government of Gibraltar;

(iii) an EU national who has a right of residence in Gibraltar arising under the EU withdrawal agreement; or

(iv) a family member of an EU national, where that family member has a right of residence in Gibraltar arising under the EU withdrawal agreement;

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

(c) who has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the relevant date; and

(d) subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland 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 territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland in accordance with paragraph 1(7).

(11) Before paragraph 10, insert the heading “EU nationals ordinarily resident in the United Kingdom and Islands”.

(12) After paragraph 10, insert—

(10ZA) A person with protected rights who—

(a) on the relevant date is an EU national;

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

(c) has been ordinarily resident in the United Kingdom and Islands throughout the three-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 United Kingdom, Gibraltar, the European Economic Area and Switzerland immediately prior to the period of ordinary residence referred to in paragraph (c).

(13) After paragraph 11 (children of Swiss nationals), insert—

(11A) A person with protected rights who—

(a) on the relevant date is the child of a Swiss national who is entitled to support in the United Kingdom by virtue of Article 18(2) of the Swiss citizens’ rights agreement;

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

(c) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period 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 United Kingdom, Gibraltar, the European Economic Area and Switzerland immediately prior to the period of ordinary residence referred to in paragraph (c).

(14) After paragraph 12 (children of Turkish workers), insert—

(12A) A person who—

(a) is the child of a Turkish worker (“T”), where T was ordinarily resident in the United Kingdom immediately before IP completion day;

(b) immediately before IP completion day—

(i) was the child of T; and

(ii) was ordinarily resident in the United Kingdom;

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

(d) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area, Switzerland and Turkey throughout the three-year period preceding the first day of the first academic year of the course.

Section 45 Amendment of the Further Education Loans Regulations 2012

The Further Education Loans Regulations 2012 are amended as follows.

Section 46 Amendment of regulation 2

In regulation 2 (interpretation)—

(a) number the existing text as paragraph (1);

(b) in paragraph (1) as so numbered—

(i) after the definition of “the 1998 Act”, insert—

the 2020 Citizens’ Rights Regulations” means the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020;

(ii) after the definition of “further education course”, insert—

“grace period” has the meaning given by regulation 3 of the 2020 Citizens’ Rights Regulations;

(iii) after the definition of “person granted stateless leave”, insert—

“person with protected rights” means—

a person within the personal scope of the citizens’ rights provisions who—

has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules;

is an Irish citizen who, pursuant to section 3ZA of the Immigration Act 1971, does not require leave to enter or remain in the United Kingdom;

is a relevant person for the purposes of regulation 3 of the 2020 Citizens’ Rights Regulations where the grace period has not ended; or

is an applicant for the purposes of regulation 4 of the 2020 Citizens’ Rights Regulations where the relevant period has not expired; or

a family member of a relevant person of Northern Ireland for the purposes of residence scheme immigration rules, where that family member has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules;

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

“relevant period” has the meaning given by regulation 4 of the 2020 Citizens’ Rights Regulations;

“relevant person of Northern Ireland” has the meaning given by residence scheme immigration rules;

“residence scheme immigration rules” has the meaning given by section 17(1) of the European Union (Withdrawal Agreement) Act 2020;

(v) after the definition of “student loans legislation”, insert—

“Swiss citizens’ rights agreement” has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;

(c) after paragraph (1), insert—

(2) For the purposes of these Regulations, a person is within the personal scope of the citizens’ rights provisions if that person falls within—

(a) Article 10 (personal scope) of the EU withdrawal agreement;

(b) Article 9 (personal scope) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020); or

(c) Article 10 (personal scope) of the Swiss citizens’ rights agreement.

Section 47 Amendment of regulation 3

In regulation 3 (eligible students)—

(a) for paragraph (2) substitute—

(2) A person is an eligible student in connection with a designated further education course if—

(a) in assessing that person’s application for a fee loan the Secretary of State determines that the person falls within one of the categories set out—

(i) in paragraphs 2, 2A, 3, 4, 4A, 4B, 4C, 4D, 4E, 5, 6A, 7A, 8A, 9A, 9B, 9C, 9D, 10A, 11A, 12A and 13 in Part 2 of Schedule 1; or

(ii) in paragraphs 6, 7, 8, 9, 10, 11 and 12 in Part 2 of Schedule 1, where paragraph (2A) applies; and

(b) the person satisfies the requirements of the other paragraphs of this regulation.

(2A) This paragraph applies where—

(a) in connection with a designated further education course beginning before 1st August 2021, the Secretary of State—

(i) in assessing an application for a fee loan by a person (“A”) determined that A fell within one of the categories set out in paragraphs 6, 7, 8, 9, 10, 11 and 12 in Part 2 of Schedule 1 in relation to an academic year of the course beginning before 1st August 2021; or

(ii) would have so determined had A made an application for a fee loan in accordance with this Part in relation to an academic year of the course beginning before that date; and

(b) A applies for a fee loan in connection with that course or a designated further education course to which A’s status as an eligible student is transferred from that course in accordance with these Regulations.

(2B) In connection with a designated further education course beginning on or after 1st January 2028, paragraph (2) has effect as if it did not mention paragraphs 8A, 9B and 9D.

(b) after paragraph 8, insert—

(9) Where—

(a) the Secretary of State has determined that, by virtue of being a person with protected rights with limited leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules, a person (“A”) is an eligible student in connection with an application for support for a fee loan for a designated further education course; and

(b) as at the day before that course begins, A no longer has extant limited leave to enter or remain granted by virtue of residence scheme immigration rules and no further leave to enter or remain has been granted under those rules,

A’s status as an eligible student terminates immediately before the first day of the course.

(10) Where—

(a) the Secretary of State has determined that, by virtue of—

(i) falling within paragraph (a)(iii) or (iv) of the definition of “person with protected rights”; or

(ii) meeting the conditions in paragraph 3(1)(a)(iii) or (iv) in Part 2 of Schedule 1,

a person (“A”) is an eligible student in connection with an application for a fee loan for a designated further education course; and

(b) as at the day before that course begins, A is not a person with protected rights,

A’s status as an eligible student terminates immediately before the first day of the course.

Section 48 Amendment of regulation 5

In regulation 5(1) (period of eligibility), at the end, insert “or regulation 3”.

Section 49 Amendment of regulation 7

In regulation 7 (students becoming eligible other than prior to the beginning of a designated further education course)—

(a) omit paragraph (c);

(b) for paragraph (d) substitute—

(d) the student becomes a family member described in paragraph 9A(1)(a), 9B(1)(a), 9C(1)(a) or 9D(1)(a) of Schedule 1;

(c) omit paragraph (f);

(d) in paragraph (g), for “6(1)(a)” substitute “6A(1)(a)”;

(e) for paragraph (h) substitute—

(h) the student becomes a person described in paragraph 11A(a) of Schedule 1;

Section 50 Amendment of regulation 8

In regulation 8 (transfer of status within same institution), after paragraph (1), insert—

(1A) Paragraph (1) applies to a person who is an eligible student by virtue of regulation 3(2)(a)(ii) only where that person’s status as an eligible student has not been transferred on or after 1st August 2021 from the designated further education course referred to in regulation 3(2A)(a) to another designated further education course.