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Statutory Instrument

The Education (Student Fees, Awards and Support) (Amendment) Regulations 2025

Citation
S.I. 2025/162
As at
Sections
30
Section 1Citation and commencement

These Regulations—

(a) may be cited as the Education (Student Fees, Awards and Support) (Amendment) Regulations 2025, and

(b) come into force on 6th March 2025.

Section 2Extent and application

(1) These Regulations extend to England and Wales and apply in relation to England only.

(2) The amendments made by the following provisions apply only in relation to the provision of support to a student in relation to an academic year which begins on or after 1st August 2025, whether anything done under these Regulations is done before, on or after that date—

(a) regulation 4 (amendments relating to the amount of fee loan for a lower-fee foundation year) and Schedule 1 (insertion of Schedule A1 into the Education (Student Support) Regulations 2011);

(b) regulations 5 , 11 , 16 , 19 , 23 and 26 (amendments relating to bereaved partners of Gurkha and Hong Kong military unit veterans and their children);

(c) regulation 9 (amendments relating to new payment rates for student support) and Schedule 2 (amendments to the Education (Student Support) Regulations 2011 relating to new payment rates for student support).

(3) The amendments made by the following provisions apply only in relation to the provision of support to a student in relation to a course which begins on or after 1st August 2025, whether anything done under these Regulations is done before, on or after that date—

(a) regulation 20 (amendment relating to the amount of loan for postgraduate master’s degrees);

(b) regulation 27 (amendments relating to the amount and payment of loan for doctoral degrees).

(4) 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 begins, respectively—

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

The Education (Student Support) Regulations 2011 are amended in accordance with this Part.

Section 4Amendments relating to the amount of fee loan for a lower-fee foundation year

(1) In Part 1 (general), in regulation 2 (interpretation: general)—

(a) in paragraph (1), after the definition of “long courses loan”, insert—

“ lower-fee foundation year ” has the meaning given in paragraph (16);

(b) after paragraph (15) insert—

(16) In these Regulations, a “lower-fee foundation year” is a foundation year (as defined in paragraph (17)) in relation to which more than 50% of the CAH3 codes, for student loan purposes, are listed in Schedule A1.

(17) For the purposes of paragraph (16)—

(a) a “foundation year” is a period of study that—

(i) is of one academic year’s duration if undertaken full time, or equivalent to that duration if undertaken part time,

(ii) is integrated with an undergraduate course at the start of that undergraduate course, and may be enrolled for at the same time as enrolling for that undergraduate course,

(iii) is designed to equip students with the skills and knowledge that are needed for progressing to an undergraduate course,

(iv) a student must complete successfully in order to progress to the first year of an undergraduate course,

(v) may result in the student being awarded a qualification that is separate from the qualification awarded as a result of completing the undergraduate course to which the student progresses, and

(vi) may, where contractual arrangements are in place, be undertaken at an institution (which may or may not be a registered higher education provider) that is different from the provider to which the student applied and with which the student has enrolled for the undergraduate course, and

(b) “ CAH3 code ” means a Common Aggregated Hierarchy 3 code associated with a subject, as referred to in version 1.3.4 of the Higher Education Classification of Subjects coding system .

(2) In Part 4 (fee loans), in Chapter 3 (fee loans for current system students), in regulation 23 (amount of the fee loan)—

(a) in paragraph (3)—

(i) in the closing words of sub-paragraph (b), for “paragraph (3)(d),” substitute “paragraph (3)(d) or (e),” ;

(ii) omit the “or” at the end of sub-paragraph (c);

(iii) at the end of sub-paragraph (d) insert—

; or

(e) £5,760 where—

(i) the current course is provided by or on behalf of an approved (fee cap) provider in England, and

(ii) the academic year in respect of which the person is applying for support—

(aa) begins on or after 1st August 2025, and

(bb) is a lower-fee foundation year.

(b) in paragraph (4ZA)—

(i) in sub-paragraph (a), for “sub-paragraph (e),” substitute “sub-paragraph (e) or (f),” ;

(ii) omit the “or” at the end of sub-paragraph (d);

(iii) at the end of sub-paragraph (e) insert—

; or

(f) £3,735 where the academic year in respect of which the person is applying for support—

(i) begins on or after 1st August 2025, and

(ii) is a lower-fee foundation year.

(c) in paragraph (4B)—

(i) in sub-paragraph (a), after “unless” insert “sub-paragraph (k), or” ;

(ii) at the end of sub-paragraph (j) insert—

; or

(k) £3,835 where the academic year in respect of which the person is applying for support—

(i) begins on or after 1st August 2025, and

(ii) is a lower-fee foundation year.

(d) in paragraph (5)—

(i) in sub-paragraph (a), after “unless” insert “sub-paragraph (ba), or” ;

(ii) in sub-paragraph (b), after “unless” insert “sub-paragraph (bb), or” ;

(iii) after sub-paragraph (b) insert—

(ba) £5,760 where—

(i) the current course is provided by or on behalf of a publicly funded institution, and

(ii) the academic year in respect of which the person is applying for support—

(aa) begins on or after 1st August 2025, and

(bb) is a lower-fee foundation year;

(bb) £3,735 where—

(i) the current course is provided by a private institution (other than on behalf of an approved (fee cap) provider, a publicly funded institution or a regulated institution), unless paragraph (4A) applies, and

(ii) the academic year in respect of which the person is applying for support—

(aa) begins on or after 1st August 2025, and

(bb) is a lower-fee foundation year;

(e) in paragraph (5ZB)—

(i) in sub-paragraph (a), after “unless” insert “sub-paragraph (ba), or” ;

(ii) in sub-paragraph (b), after “unless” insert “sub-paragraph (bb), or” ;

(iii) after sub-paragraph (b) insert—

(ba) £5,760 where—

(i) the current course is provided by or on behalf of a regulated institution, and

(ii) the academic year in respect of which the person is applying for support—

(aa) begins on or after 1st August 2025, and

(bb) is a lower-fee foundation year;

(bb) £3,735 where—

(i) the current course is provided by a non-regulated institution (other than on behalf of an approved (fee cap) provider, a publicly funded institution or a regulated institution), unless paragraph (4A) applies, and

(ii) the academic year in respect of which the person is applying for support—

(aa) begins on or after 1st August 2025, and

(bb) is a lower-fee foundation year;

(3) In Part 11A (fee loans and allowances for designated part-time courses), in regulation 145 (amount of the fee loan - courses beginning on or after 1st September 2012), in paragraph (2)—

(a) at the end of sub-paragraph (a) insert “, unless sub-paragraph (d) applies” ;

(b) at the end of sub-paragraph (b) insert “, unless sub-paragraph (e) applies” ;

(c) at the end of sub-paragraph (c) insert—

, unless sub-paragraph (f) applies;

(d) £4,315 where—

(i) the current part-time course is provided by or on behalf of an approved (fee cap) provider or a publicly funded institution, and

(ii) the academic year in respect of which the person is applying for support—

(aa) begins on or after 1st August 2025, and

(bb) is a lower-fee foundation year;

(e) £2,800 where—

(i) the current part-time course is provided by—

(aa) an approved provider in England (other than on behalf of an approved (fee cap) provider or a publicly funded institution),

(bb) an unregistered provider or a private institution on behalf of an approved provider, or

(cc) a private institution in Scotland, Northern Ireland or Wales (other than on behalf of an approved (fee cap) provider or a publicly funded institution),

and the provider of the course does not have a high level quality rating, and

(ii) the academic year in respect of which the person is applying for support—

(aa) begins on or after 1st August 2025, and

(bb) is a lower-fee foundation year;

(f) £2,875 where—

(i) the current part-time course is provided by—

(aa) an approved provider in England (other than on behalf of an approved (fee cap) provider or a publicly funded institution),

(bb) an unregistered provider or a private institution on behalf of an approved provider, or

(cc) a private institution in Scotland, Northern Ireland or Wales (other than on behalf of an approved (fee cap) provider or a publicly funded institution),

and the provider of the course has a high level quality rating, and

(ii) the academic year in respect of which the person is applying for support—

(aa) begins on or after 1st August 2025, and

(bb) is a lower-fee foundation year.

(4) Before Schedule 1 (eligible students), insert Schedule A1 as set out in Schedule 1 to these Regulations.

Section 5Amendments relating to bereaved partners of Gurkha and Hong Kong military unit veterans and their children

(1) In Part 1 (general), in regulation 2 (interpretation: general), in paragraph (1), in the definition of “person granted indefinite leave to remain as a bereaved partner”—

(a) in the opening words, for “leave to remain” substitute “leave to enter or remain” ;

(b) in paragraph (a)—

(i) in the opening words—

(aa) for “leave to remain” substitute “leave to enter or remain” ;

(bb) omit “under any of the following provisions of the immigration rules”;

(ii) in sub-paragraph (i), for “paragraph BP 11.1 of Appendix Bereaved Partner” substitute “under paragraph BP 11.1 of Appendix Bereaved Partner of the immigration rules” ;

(iii) omit the “or” after sub-paragraph (i);

(iv) in the opening words of sub-paragraph (ii), after “Appendix Bereaved Partner” insert “, under any of the following provisions of the immigration rules” ;

(v) after sub-paragraph (ii), but before the “and”, insert—

(iii) under paragraph AF (GHK) 14.1 of Appendix GHK of the immigration rules, as a bereaved partner; or

(iv) where such leave was granted prior to 5th October 2023, outside the immigration rules, on the basis that the person was a bereaved partner of a Gurkha discharged before 1st July 1997;

(2) In Part 1 (general), in regulation 2A(3) (meaning of “ protected category event ”), in sub-paragraph (g), for “leave to remain” substitute “leave to enter or remain” .

(3) In Part 2 of Schedule 1 (eligible students: categories), in paragraph 4E (persons granted indefinite leave to remain as a bereaved partner and their children)—

(a) in the heading, for “leave to remain” substitute “leave to enter or remain” ;

(b) in sub-paragraph (1), for “leave to remain” substitute “leave to enter or remain” ;

(c) in sub-paragraph (2) for “leave to remain”, each time it appears, substitute “leave to enter or remain” ;

(d) for sub-paragraph (3) substitute—

(3) In this paragraph, “ leave application date ” means the date on which a person granted indefinite leave to enter or remain as a bereaved partner made an application to enter or remain in the United Kingdom on those grounds—

(a) under the immigration rules, or

(b) in the case of a person referred to in paragraph (a)(iv) of the definition of “person granted indefinite leave to enter or remain as a bereaved partner” in regulation 2(1) (interpretation), outside the immigration rules.

Section 6Amendments relating to general qualifying conditions for grants for living and other costs

In Part 5 (grants for living and other costs), in Chapter 2 (general provisions), in regulation 38 (general qualifying conditions for grants for living and other costs)—

(a) in paragraph (6), for “An eligible student” substitute “Subject to paragraph (6A), an eligible student” ;

(b) after paragraph (6), insert—

(6A) Paragraph (6) does not apply in respect of disabled students’ allowance paid on or after the date this paragraph comes into force in relation to an academic year beginning on or after 1st August 2024 where the grant relates to providing a student with—

(a) technical support for,

(b) repairs to, or

(c) replacement of,

relevant equipment or software.

(6B) For the purposes of paragraph (6A), “ relevant equipment or software ” means—

(a) equipment or software that was funded, in whole or in part, by the disabled students’ allowance and provided to the student in an earlier year—

(i) of the current course, or

(ii) of an earlier course, where the Secretary of State has transferred the disabled students’ allowance to the current course;

(b) equipment or software not falling within sub-paragraph (a) for which the student was reimbursed, in whole or in part, by the disabled student’s allowance;

(c) equipment not falling within sub-paragraph (a) or (b)—

(i) of which the student had use at the time the Secretary of State assessed the student’s application for support, and

(ii) with which the Secretary of State determined the student would have been eligible to be provided had the student not already had use of suitable equipment;

(d) software not falling within sub-paragraph (a) or (b)—

(i) of which the student had use at the time the Secretary of State assessed the student’s application for support,

(ii) with which the Secretary of State determined the student would have been eligible to be provided had the student not already had use of suitable software, and

(iii) of which the student no longer has use—

(aa) following the expiry of the software licence,

(bb) following an upgrade to or of the computer running the software, or

(cc) for reasons beyond the student’s control;

(e) equipment or software that has been replaced under paragraph (6A)(c).

(c) in paragraph (7) (definition of “unpaid service”), in sub-paragraph (e)—

(i) omit the “or” after paragraph (iii);

(ii) omit paragraph (iv) and the “or” after it;

(iii) at the end insert—

(v) the Department of Health in Northern Ireland;

(vi) the Regional Agency for Public Health and Social Well-being established under section 12 of the Health and Social Care (Reform) Act (Northern Ireland) 2009 ; or

(vii) a Health and Social Care trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 ; or

Section 7Amendments relating to grants for travel for students undertaking an Erasmus year

In Part 5 (grants for living and other costs), in Chapter 5 (grants for travel), in regulation 54 (expenditure)—

(a) at the end of paragraph (a) insert “or overseas workplace in an Erasmus year” ;

(b) at the end of paragraph (b) insert “or overseas workplace in an Erasmus year” ;

(c) in paragraph (c), after “or the Institute” insert “or overseas workplace in an Erasmus year” .

Section 8Amendments to the definition of “overseas territories”

In Part 1 of Schedule 1 (eligible students: interpretation), in paragraph 1(1), in the definition of “overseas territories”—

(a) omit “Aruba;”;

(b) after “British Virgin Islands;”, insert “the Caribbean part of the Kingdom of the Netherlands (Aruba, Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten);” ;

(c) omit “Netherlands Antilles (Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten);”.

Section 9Amendments relating to new payment rates for student support

Schedule 2 (amendments to the Education (Student Support) Regulations 2011 relating to new payment rates for student support) has effect.

Section 10Amendment of the Education (Fees and Awards) (England) Regulations 2007

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

Section 11Amendments relating to bereaved partners of Gurkha and Hong Kong military unit veterans and their children

(1) In regulation 4 (fee charging)—

(a) in paragraph (2C)(e), for “leave to remain” substitute “leave to enter or remain” ;

(b) in paragraph (2D)(g), for “leave to remain” substitute “leave to enter or remain” .

(2) In Schedule 1 (eligible students), in paragraph 4E (persons granted indefinite leave to remain as a bereaved partner and their children)—

(a) in the heading, for “leave to remain” substitute “leave to enter or remain” ;

(b) in sub-paragraph (1)(a)—

(i) in the opening words—

(aa) for “leave to remain” substitute “leave to enter or remain” ;

(bb) omit “under any of the following provisions of the immigration rules”;

(ii) in sub-paragraph (i), for “paragraph BP 11.1 of Appendix Bereaved Partner” substitute “under paragraph BP 11.1 of Appendix Bereaved Partner of the immigration rules” ;

(iii) omit the “or” after sub-paragraph (i);

(iv) in the opening words of sub-paragraph (ii), after “Appendix Bereaved Partner” insert “, under any of the following provisions of the immigration rules” ;

(v) after sub-paragraph (ii) insert—

(iii) under paragraph AF (GHK) 14.1 of Appendix GHK of the immigration rules, as a bereaved partner; or

(iv) where such leave was granted prior to 5th October 2023, outside the immigration rules, on the basis that the person was a bereaved partner of a Gurkha discharged before 1st July 1997;

(c) in sub-paragraph (2), for “leave to remain”, each time it appears, substitute “leave to enter or remain” ;

(d) in sub-paragraph (3)—

(i) for “leave to remain” substitute “leave to enter or remain” ;

(ii) for “application to remain”, substitute “application to enter or remain” ;

(iii) after “immigration rules” insert “or, in the case of a person referred to in sub-paragraph (1)(a)(iv), outside the immigration rules” .

Section 12Amendments to the definition of “overseas territories”

In regulation 2 (interpretation), in the definition of “overseas territories” in paragraph (1)—

(a) omit “Aruba;”;

(b) after “British Virgin Islands;”, insert “the Caribbean part of the Kingdom of the Netherlands (Aruba, Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten);” ;

(c) omit “Netherlands Antilles (Bonaire, Curaçao, Saba, Sint Eustatius and Sint Maarten);”.

Section 13Amendment of the Education (Student Support) (European University Institute) Regulations 2010

The Education (Student Support) (European University Institute) Regulations 2010 are amended in accordance with this Chapter.

Section 14Amendments to the definition of “overseas territories”

In Part 1 of Schedule 1 (eligible students: interpretation), in the definition of “overseas territories” in paragraph 1(1)—

(a) omit “Aruba;”;

(b) after “British Virgin Islands;”, insert “the Caribbean part of the Kingdom of the Netherlands (Aruba, Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten);” ;

(c) omit “Netherlands Antilles (Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten);”.

Section 15Amendment of the Further Education Loans Regulations 2012

The Further Education Loans Regulations 2012 are amended in accordance with this Chapter.

Section 16Amendments relating to bereaved partners of Gurkha and Hong Kong military unit veterans and their children

(1) In Part 1 (general), in regulation 2 (interpretation), in the definition of “person granted indefinite leave to remain as a bereaved partner” in paragraph (1)—

(a) in the opening words, for “leave to remain” substitute “leave to enter or remain” ;

(b) in paragraph (a)—

(i) in the opening words—

(aa) for “leave to remain” substitute “leave to enter or remain” ;

(bb) omit “under any of the following provisions of the immigration rules”;

(ii) in sub-paragraph (i), for “paragraph BP 11.1 of Appendix Bereaved Partner” substitute “under paragraph BP 11.1 of Appendix Bereaved Partner of the immigration rules” ;

(iii) omit the “or” after sub-paragraph (i);

(iv) in the opening words of sub-paragraph (ii), after “Appendix Bereaved Partner” insert “, under any of the following provisions of the immigration rules” ;

(v) after sub-paragraph (ii), but before the “and”, insert—

(iii) under paragraph AF (GHK) 14.1 of Appendix GHK of the immigration rules, as a bereaved partner; or

(iv) where such leave was granted prior to 5th October 2023, outside the immigration rules, on the basis that the person was a bereaved partner of a Gurkha discharged before 1st July 1997;

(2) In Part 2 (eligibility), in regulation 6 (students becoming eligible after a designated further education course has begun), in paragraph (2)(i), for “leave to remain” substitute “leave to enter or remain” .

(3) In Part 2 of Schedule 1 (eligible students: categories), in paragraph 4E (persons granted indefinite leave to remain as a bereaved partner and their children)—

(a) in the heading, for “leave to remain” substitute “leave to enter or remain” ;

(b) in sub-paragraph (1), for “leave to remain” substitute “leave to enter or remain” ;

(c) in sub-paragraph (2) for “leave to remain”, each time it appears, substitute “leave to enter or remain” ;

(d) for sub-paragraph (3) substitute—

(3) In this paragraph, “ leave application date ” means the date on which a person granted indefinite leave to enter or remain as a bereaved partner made an application to enter or remain in the United Kingdom on those grounds—

(a) under the immigration rules, or

(b) in the case of a person referred to in paragraph (a)(iv) of the definition of “person granted indefinite leave to enter or remain as a bereaved partner” in regulation 2(1) (interpretation), outside the immigration rules.

Section 17Amendments to the definition of “overseas territories”

In Part 1 of Schedule 1 (eligible students: interpretation), in the definition of “overseas territories” in paragraph 1(1)—

(a) omit “Aruba;”;

(b) after “British Virgin Islands;”, insert “the Caribbean part of the Kingdom of the Netherlands (Aruba, Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten);” ;

(c) omit “Netherlands Antilles (Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten);”.

Section 18Amendment of the Education (Postgraduate Master’s Degree Loans) Regulations 2016

The Education (Postgraduate Master’s Degree Loans) Regulations 2016 are amended in accordance with this Chapter.

Section 19Amendments relating to bereaved partners of Gurkha and Hong Kong military unit veterans and their children

(1) In Part 1, in regulation 2 (interpretation), in the definition of “person granted indefinite leave to remain as a bereaved partner” in paragraph (1)—

(a) in the opening words, for “leave to remain” substitute “leave to enter or remain” ;

(b) in paragraph (a)—

(i) in the opening words—

(aa) for “leave to remain” substitute “leave to enter or remain” ;

(bb) omit “under any of the following provisions of the immigration rules”;

(ii) in sub-paragraph (i), for “paragraph BP 11.1 of Appendix Bereaved Partner” substitute “under paragraph BP 11.1 of Appendix Bereaved Partner of the immigration rules” ;

(iii) omit the “or” after sub-paragraph (i);

(iv) in the opening words of sub-paragraph (ii), after “Appendix Bereaved Partner” insert “, under any of the following provisions of the immigration rules” ;

(v) after sub-paragraph (ii), but before the “and”, insert—

(iii) under paragraph AF (GHK) 14.1 of Appendix GHK of the immigration rules, as a bereaved partner; or

(iv) where such leave was granted prior to 5th October 2023, outside the immigration rules, on the basis that the person was a bereaved partner of a Gurkha discharged before 1st July 1997;

(2) In Part 1, in regulation 7 (students becoming eligible in the course of an academic year), in paragraph (2)(i), for “leave to remain” substitute “leave to enter or remain” .

(3) In Part 2 of Schedule 1 (eligible students: categories), in paragraph 4E (persons granted indefinite leave to remain as a bereaved partner and their children)—

(a) in the heading, for “leave to remain” substitute “leave to enter or remain” ;

(b) in sub-paragraph (1), for “leave to remain” substitute “leave to enter or remain” ;

(c) in sub-paragraph (2), for “leave to remain”, each time it appears, substitute “leave to enter or remain” ;

(d) for sub-paragraph (3) substitute—

(3) In this paragraph, “ leave application date ” means the date on which a person granted indefinite leave to enter or remain as a bereaved partner made an application to enter or remain in the United Kingdom on those grounds—

(a) under the immigration rules, or

(b) in the case of a person referred to in paragraph (a)(iv) of the definition of “person granted indefinite leave to enter or remain as a bereaved partner” in regulation 2(1) (interpretation), outside the immigration rules.

Section 20Amendments relating to the amount of loan for postgraduate master’s degrees

In Part 1, in regulation 12 (amount of the postgraduate master’s degree loan), in paragraphs (1) and (2), for “£12,471” substitute “£12,858” .

Section 21Amendments to the definition of “overseas territories”

In Part 1 of Schedule 1 (eligible students: interpretation), in the definition of “overseas territories” in paragraph 1(1)—

(a) omit “Aruba;”;

(b) after “British Virgin Islands;”, insert “the Caribbean part of the Kingdom of the Netherlands (Aruba, Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten);” ;

(c) omit “Netherlands Antilles (Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten);”.

Section 22Amendment of the Higher Education (Fee Limit Condition) (England) Regulations 2017

The Higher Education (Fee Limit Condition) (England) Regulations 2017 are amended in accordance with this Chapter.

Section 23Amendments relating to bereaved partners of Gurkha and Hong Kong military unit veterans and their children

(1) In regulation 2 (interpretation), in paragraph (bbza) (definition of “person granted indefinite leave to remain as a bereaved partner”)—

(a) in the opening words, for “leave to remain” substitute “leave to enter or remain” ;

(b) in sub-paragraph (i)—

(i) in the opening words—

(aa) for “leave to remain” substitute “leave to enter or remain” ;

(bb) omit “under any of the following provisions of the immigration rules”;

(ii) in paragraph (aa), for “paragraph BP 11.1 of Appendix Bereaved Partner” substitute “under paragraph BP 11.1 of Appendix Bereaved Partner of the immigration rules” ;

(iii) in paragraph (bb), for “paragraph 288” substitute “under paragraph 288 of the immigration rules” ;

(iv) in paragraph (cc), for “paragraph 295N” substitute “under paragraph 295N of the immigration rules” ;

(v) in paragraph (dd), for “paragraph D-BPILR.1.1 of Appendix FM (bereaved partners)” substitute “under paragraph D-BPILR.1.1 of Appendix FM (bereaved partners) of the immigration rules” ;

(vi) omit the “or” after paragraph (dd);

(vii) in paragraph (ee), for “paragraph 36 of Appendix Armed Forces (bereaved partners)” substitute “under paragraph 36 of Appendix Armed Forces (bereaved partner of a member of HM Forces) of the immigration rules” ;

(viii) after paragraph (ee), but before the “and”, insert—

(ff) under paragraph AF (GHK) 14.1 of Appendix GHK of the immigration rules, as a bereaved partner; or

(gg) where such leave was granted prior to 5th October 2023, outside the immigration rules, on the basis that the person was a bereaved partner of a Gurkha discharged before 1st July 1997;

(2) In regulation 6 (qualifying person: effect of event during academic year), in paragraph (2)(l), for “leave to remain” substitute “leave to enter or remain” .

(3) In Part 2 of the Schedule (qualifying persons), in paragraph 5E (persons granted indefinite leave to remain as a bereaved partner and their children)—

(a) in the heading, for “leave to remain” substitute “leave to enter or remain” ;

(b) in sub-paragraph (1), for “leave to remain” substitute “leave to enter or remain” ;

(c) in sub-paragraph (2) for “leave to remain”, each time it appears, substitute “leave to enter or remain” ;

(d) for sub-paragraph (3) substitute—

(3) In this paragraph, “ leave application date ” means the date on which a person granted indefinite leave to enter or remain as a bereaved partner made an application to enter or remain in the United Kingdom on those grounds—

(a) under the immigration rules, or

(b) in the case of a person referred to in sub-paragraph (i)(gg) of regulation 2(bbza) (interpretation: person granted indefinite leave to enter or remain as a bereaved partner), outside the immigration rules.

Section 24Amendments to the definition of “overseas territories”

In Part 1 of the Schedule (interpretation), in paragraph 1(1) (interpretation: general), in the definition of “overseas territories”—

(a) omit “Aruba;”;

(b) after “British Virgin Islands;”, insert “the Caribbean part of the Kingdom of the Netherlands (Aruba, Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten);” ;

(c) omit “Netherlands Antilles (Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten);”.

Section 25Amendment of the Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 2018

The Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans)(Repayment) (Amendment) (No. 2) etc.) Regulations 2018 are amended in accordance with this Chapter.

Section 26Amendments relating to bereaved partners of Gurkha and Hong Kong military unit veterans and their children

(1) In Chapter 1 of Part 1, in regulation 2 (interpretation), in paragraph (1), in the definition of “person granted indefinite leave to remain as a bereaved partner”—

(a) in the opening words, for “leave to remain” substitute “leave to enter or remain” ;

(b) in paragraph (a)—

(i) in the opening words—

(aa) for “leave to remain” substitute “leave to enter or remain” ;

(bb) omit “under any of the following provisions of the immigration rules”;

(ii) in sub-paragraph (i), for “paragraph BP 11.1 of Appendix Bereaved Partner” substitute “under paragraph BP 11.1 of Appendix Bereaved Partner of the immigration rules” ;

(iii) omit the “or” after sub-paragraph (i);

(iv) at the end of the opening words of sub-paragraph (ii) insert “, under any of the following provisions of the immigration rules” ;

(v) after sub-paragraph (ii), but before the “and”, insert—

(iii) under paragraph AF (GHK) 14.1 of Appendix GHK of the immigration rules, as a bereaved partner; or

(iv) where such leave was granted prior to 5th October 2023, outside the immigration rules, on the basis that the person was a bereaved partner of a Gurkha discharged before 1st July 1997;

(2) In Chapter 2 of Part 1, in regulation 7 (students becoming eligible in the course of an academic year)—

(a) in paragraph (2)(i), for “leave to remain” substitute “indefinite leave to enter or remain” ;

(b) in paragraph (3), for “occurs in” substitute “occurs” .

(3) In Part 2 of Schedule 1 (eligible students: categories), in paragraph 5D (persons granted indefinite leave to remain as a bereaved partner and their children)—

(a) in the heading, for “leave to remain” substitute “leave to enter or remain” ;

(b) in sub-paragraph (1), for “leave to remain” substitute “leave to enter or remain” ;

(c) in sub-paragraph (2), for “leave to remain”, each time it appears, substitute “leave to enter or remain” ;

(d) for sub-paragraph (3) substitute—

(3) In this paragraph, “ leave application date ” means the date on which a person granted indefinite leave to enter or remain as a bereaved partner made an application to enter or remain in the United Kingdom on those grounds—

(a) under the immigration rules, or

(b) in the case of a person referred to in paragraph (a)(iv) of the definition of “person granted indefinite leave to enter or remain as a bereaved partner” in regulation 2(1) (interpretation), outside the immigration rules.

Section 27Amendments relating to the amount and payment of loan for doctoral degrees

In Chapter 4 of Part 1—

(a) in regulation 12 (amount of the postgraduate doctoral degree loan), in paragraph (1)(a), for “£29,390” substitute “£30,301” ;

(b) in regulation 13 (payment of postgraduate doctoral degree loans), in paragraph (4), for “£12,471” substitute “£12,858” .

Section 28Amendments to the definition of “overseas territories”

In Part 1 of Schedule 1 (eligible students), in paragraph 1(1) (interpretation), in the definition of “overseas territories”—

(a) omit “Aruba;”;

(b) after “British Virgin Islands;”, insert “the Caribbean part of the Kingdom of the Netherlands (Aruba, Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten);” ;

(c) omit “Netherlands Antilles (Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten);”.

Section 29Amendment of the Higher Education Short Course Loans Regulations 2022

The Higher Education Short Course Loans Regulations 2022 are amended in accordance with this Chapter.

Section 30Amendments to the definition of “overseas territories”

In Part 1 (introductory), in regulation 2 (interpretation), in paragraph (1), in the definition of “overseas territories”—

(a) omit “Aruba;”;

(b) after “British Virgin Islands;”, insert “the Caribbean part of the Kingdom of the Netherlands (Aruba, Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten);” ;

(c) omit “Netherlands Antilles (Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten);”.

30 sections

Cite this legislation

The Education (Student Fees, Awards and Support) (Amendment) Regulations 2025 (legislation.gov.uk, OGL v3.0). Retrieved via LawPlayer, https://lawplayer.com/uk/act/uksi-2025-162

Contains public sector information licensed under the Open Government Licence v3.0.

OGL-3

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