PART 1GENERAL

Citation, commencement and application

1.—(1) These Regulations may be cited as the Further Education Loans Regulations 2012 and come into force on 1st September 2012.

(2) These Regulations apply in relation to England(2).

(3) These Regulations apply to the provision of fee loans to students in connection with a further education course which begins on or after 1st August 2013 whether anything done under these Regulations is done before, on or after 1st August 2013.

Interpretation

2.—(1) In these Regulations—

“the 1998 Act” means the Teaching and Higher Education Act 1998;

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

“Access to HE Diploma” means a qualification which is specifically designed to prepare persons for study at university;

“applicant” means a person applying for a fee loan under regulation 10(1);

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“borrower” means a person to whom a fee loan has been made;

“current course” means the designated further education course in respect of which a person is applying for a fee loan;

“designated further education course” means a course designated by the Secretary of State under regulation 4;

“Directive 2004/38” means Directive 2004/38 of the European Parliament and of the Council of 29th April 2004(3) on the rights of citizens of the Union and their family members to move and reside freely in the territory of the Member States;

“electronic signature” is so much of anything in electronic form as—

“eligible prisoner” means a prisoner—

“eligible student” has the meaning given in regulation 3;

“EU national” means a national of a Member State of the EU;

“fee loan” means a loan for fees made to an eligible student pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act;

“fees” has the meaning given in section 85(2) of the Higher Education and Research Act 2017 ;

“further education course” means—

“immigration rules” has the meaning given in section 33(1) of the Immigration Act 1971;

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“information” includes documents;

“institution” means an organisation delivering further education courses;

“Islands” means the Channel Islands and the Isle of Man and “the United Kingdom and Islands” means the United Kingdom and the Islands taken together;

“loan”, except where otherwise indicated, means a loan made pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act, including the interest accrued on the loan and any penalties or charges incurred in connection with it;

“period of eligibility” has the meaning given in regulation 5 in relation to an eligible student;

“person granted Calais leave” means a person who—

“person granted humanitarian protection” means a person—

“person granted indefinite leave to remain as a bereaved partner” means a person—

“person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse” means a person—

“person granted leave under one of the Afghan Schemes” means a person granted leave under the Afghan Citizens Resettlement Scheme or a person granted leave under the Afghan Relocations and Assistance Policy Scheme;

“person granted leave under one of the Ukraine Schemes” means a person granted leave under the Homes for Ukraine Sponsorship Scheme, a person granted leave under the Ukraine Extension Scheme, a person granted leave under the Ukraine Permission Extension Scheme or a person granted leave under the Ukraine Family Scheme;

“person granted leave under the Afghan Citizens Resettlement Scheme” means a person—

“person granted leave under the Afghan Relocations and Assistance Policy Scheme” means a person—

“person granted leave under the Homes for Ukraine Sponsorship Scheme” means a person—

“person granted leave under the Ukraine Extension Scheme” means a person—

“person granted leave under the Ukraine Family Scheme” means a person—

“person granted leave under the Ukraine Permission Extension Scheme” means a person—

“person granted section 67 leave” means a person who—

“person granted stateless leave” means a person who—

“person with protected rights” means—

“public funds” means moneys provided by Parliament or by a government authority outside the United Kingdom;

“publicly funded”, unless otherwise indicated, means maintained or assisted by recurrent grants out of public funds and related expressions are to be interpreted accordingly;

“refugee” means a person who is recognised by Her Majesty’s government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28th July 1951(5) as extended by the Protocol thereto which entered into force on 4th October 1967(6);

“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;

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“student loans legislation” means the Education (Student Loans) Act 1990(7), the Education (Student Loans) (Northern Ireland) Order 1990(8), the Education (Scotland) Act 1980 and regulations made under those Acts or that Order, the Education (Student Support) (Northern Ireland) Order 1998(9) and regulations made under that Order or the 1998 Act;

“Turkish worker” means a Turkish national who—

(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.

PART 2ELIGIBILITY

Eligible students

3.—(1) An eligible student qualifies for a fee loan in connection with a designated further education course subject to and in accordance with this regulation.

(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, 5A,5B, 5C, 6A, 7A, 8A, 9A, 9B, 9BA,9BB, 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, 9BA and 9D.

(3) The requirements of this paragraph are that the eligible student (“A”)—

(aa)has reached the age of 24 on the first day of A’s designated further education course, where that day is before 1st August 2016;

(a)has reached the age of 19 on the first day of A’s designated further education course, where that day is on or after 1st August 2016;

(b)is not in breach of any obligation to repay any loan;

(c)has ratified any agreement for a loan made with A when A was under the age of 18;

(d)has not, in the opinion of the Secretary of State, shown by A’s conduct that A is unfitted to receive support.

(4) If A is an eligible prisoner A can qualify for a fee loan under this regulation in respect of a designated further education course which is taking place at the time which A enters prison, is in prison or is released from prison.

(5) For the purposes of paragraphs (3)(b) and (3)(c) , “loan” means a loan made under any provision of the student loans legislation.

(6) In a case where the agreement for a loan is subject to the law of Scotland, paragraph (3)(c) only applies if the agreement was made—

(a)before 25th September 1991; and

(b)with the concurrence of the borrower’s curator or at a time when the borrower had no curator.

(7) Where the Secretary of State has determined that, by virtue of being a refugee or the spouse, civil partner, child or step-child of a refugee, a person (“A”) is—

(a)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, the refugee status of A or of A’s spouse, civil partner, parent or step-parent, as the case may be, has expired and—

(i)no further leave to remain has been granted;

(ii)no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and

(iii)the person (A or A’s spouse, civil partner, parent or step-parent) whose refugee status has expired has not become a British or Irish citizen,

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

(7A)Where—

(a)the Secretary of State has determined that, by virtue of being a person granted stateless leave or the spouse, civil partner, child or step-child of a person granted stateless leave, 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, the period for which the person granted stateless leave is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and that person has not become a British or Irish citizen,

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

(7B)Where—

(a)the Secretary of State has determined that, by virtue of being a person granted section 67 leave, 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, the period for which the person granted section 67 leave is allowed to stay in the United Kingdom and Islands has expired and no further leave to remain has been granted and that person has not become a British or Irish citizen,

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

(7C)Where—

(a)the Secretary of State has determined that, by virtue of being a person granted Calais leave, 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, the period for which A is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and A has not become a British or Irish citizen,

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

(8) Where the Secretary of State has determined that, by virtue of being a person granted humanitarian protection or the spouse, civil partner, child or step-child of such a person, a person (“A”) is—

(a)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, the period for which the person granted humanitarian protection is allowed to stay in the United Kingdom has expired and—

(i)no further leave to remain has been granted;

(ii)no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and

(iii)the person (A or A’s spouse, civil partner, parent or step-parent) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen,

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

(8A)Where—

(a)the Secretary of State has determined that, by virtue of being a person granted leave under one of the Afghan Schemesor the spouse, civil partner, child or step-child of a person granted leave under one of the Afghan Schemes, 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, the period for which the person granted leave under one of the Afghan Schemes is allowed to stay in the United Kingdom has expired and that person has not become a British or Irish citizen,

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

(8B)Where—

(a)the Secretary of State has determined that, by virtue of being a person granted leave under one of the Ukraine Schemesor the spouse, civil partner, child or step-child of a person granted leave under one of the Ukraine Schemes, 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, the period for which the person granted leave under one of the Ukraine Schemes is allowed to stay in the United Kingdom has expired and no further leave to enter or remain has been granted,

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

(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 and A has not become a British or Irish citizen,

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)... (iv) or (v) of the definition of “person with protected rights”; or

(ii)meeting the conditions in paragraph 3(1)(a)... (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 rightsand has not become a British or Irish citizen,

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

(11)Where—

(a)the Secretary of State has determined that a person (“A”) is an eligible student by virtue of paragraph 13 of Schedule 1 (long residence) in connection with an application for a fee loan for a designated further education course; and

(b)as at the day before the course begins, the period for which A is allowed to stay in the United Kingdom has expired and—

(i)no further leave to remain has been granted;

(ii)no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and

(iii)A has not become a British or Irish citizen,

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

Designated courses

4.—(1)A further education course may be designated by the Secretary of State for the purposes of section 22(1) of the 1998 Act where—

(a)the course began on or after 1st August 2013; and

(b)the institution providing the course is situated in England.

(2)The Secretary of State may revoke or suspend the designation of a course which is designated under paragraph (1).

Period of eligibility

5.—(1) A student’s status as an eligible student is retained in connection with a designated further education course until the status terminates in accordance with this regulationor regulation 3 .

(2) The period for which an eligible student retains that status is the “period of eligibility”.

(3)Subject to the following paragraphs the maximum periods of eligibility are determined by the type of further education course and are as follows—

(a)two years for AS Levels;

(b)two years for A Levels;

(c)two years for an Access to HE Diploma; and

(d)three years for any other type of course.

(4) The period of eligibility terminates when the eligible student (“A”)—

(a)withdraws from A’s further education course in circumstances where the Secretary of State has not transferred or will not transfer A’s status as an eligible student under regulation 8,or

(b)abandons or is expelled from A’s further education course.

(5) The Secretary of State may terminate the period of eligibility where A has shown by A’s conduct that A is unfitted to receive a fee loan.

(6) If the Secretary of State is satisfied that an eligible student has failed to comply with any requirement to provide information under these Regulations or has provided information which is inaccurate in a material particular, the Secretary of State may take such of the following actions as the Secretary of State considers appropriate in the circumstances—

(a)terminate the period of eligibility;

(b)determine that the student no longer qualifies for any fee loan or particular amount of fee loan;

(c)treat any fee loan paid to the student as an overpayment which may be recovered under regulation 24.

(7) Where the period of eligibility terminates before the student completes the further education course, the Secretary of State may, at any time, renew the period of eligibility for such period as the Secretary of State determines.

Students becoming eligible after a designated further education course has begun

6.—(1)Where any of the following events occur after a designated further education has begun, a student may qualify for a fee loan in accordance with this Part in respect of that course—

(a)the student’s course becomes a designated further education course; or

(b)an event specified in paragraph (2) which results in the student becoming an eligible student.

(2)The events mentioned in paragraph (1)(b) are—

(a)the student or the student’s spouse, civil partner, parent or step-parent is recognised as a refugee or becomes a person granted stateless leave or a person granted humanitarian protection;

(b)the student becomes a family member described in paragraph 9A(1)(a), 9B(1)(a), 9C(1)(a) or 9D(1)(a) or (2)(a) of Schedule 1;

(ba)the student becomes a person described in paragraph 2 of Schedule 1;

(bb)the student becomes a person described in paragraph 2A of Schedule 1;

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

(d)the student becomes a person described in paragraph 6A(1)(a) of Schedule 1;

(da)the student becomes a person described in paragraph 9BB of Schedule 1;

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

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

(g)the student or the student’s parent becomes a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse;

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

(i)the student or the student’s parent becomes a person granted indefinite leave to remain as a bereaved partner;

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

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

(3)Where the event that occurs in relation to a student is an event specified in paragraph (2)(a), (f), (g), (h), (i), (j) or (k), paragraph (4) applies for the purposes of determining whether the event results in the student becoming an eligible student.

(4)The student is to be treated, for the purposes of determining whether the student satisfies any requirement in Schedule 1 that the student is ordinarily resident in the United Kingdom on the first day of the relevant course (“the course start date”), as if the student was, on the course start date, lawfully residing in the place where the student was residing on that date.

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Student becoming eligible where a course is designated after the student starts the course

7A.—(1)A student may only qualify for a loan for a course that is designated after that student starts the course if the course is designated in the academic year in which that student starts the course.

(2)For the purposes of this regulation an “academic year” means the twelve month period starting on 1st August and ending on 31st July.

Transfer of status within same institution

8.—(1) Where an eligible student (“A”) transfers to another designated further education course at the same institution, the Secretary of State may transfer their status as an eligible student to that further education course where—

(a)the Secretary of State receives a request from the eligible student to transfer to a further education course at an equivalent level to the course which the eligible student is currently taking, and

(b)the period of eligibility has not terminated.

(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.

(2) Where A transfers under paragraph (1), A is entitled to receive in connection with the further education course to which A transfers, any remainder of the fee loan assessed by the Secretary of State in respect of the remainder of the period of eligibility of the further education course to which A transfers.

Transfer to another institution

9. Where an eligible student transfers to a designated further education course at an alternative institution that eligible student must apply for a fee loan under regulation 10 ... ....

PART 3APPLYING FOR A FEE LOAN, PROVISION OF INFORMATION AND LOAN CONTRACTS

Applications for a fee loan

10.—(1) A person (the “applicant”) must apply for a fee loan in connection with each further education course by completing and submitting to the Secretary of State an application in such form and accompanied by such documentation as the Secretary of State may require.

(2) The Secretary of State may take such steps and make such inquiries as the Secretary of State considers necessary to determine whether the applicant is an eligible student, whether the applicant qualifies for a fee loan and the amount of fee loan payable, if any.

(3) The Secretary of State must notify the applicant of whether the applicant qualifies for a fee loan and, if so, the amount of fee loan payable in respect of the further education course.

Time limits

11.—(1)An application for a fee loan in connection with a further education course beginning before 1st August 2015 must reach the Secretary of State within the period of eligibility for the further education course for which support is required.

(2)An application for a fee loan in connection with a further education course beginning on or after 1st August 2015 must reach the Secretary of State—

(a)within the period of eligibility for the further education course for which support is required; and

(b)before the applicant completes the further education course for which support is required.

Information

12. Schedule 2 deals with the provision of information.

Requirement to enter into a contract for a fee loan

13.—(1)To receive a fee loan a student must enter into a contract with the Secretary of State.

(2)Where the Secretary of State requires a contract to be signed by a student, an electronic signature in such form as the Secretary of State may specify satisfies such a requirement.

PART 4FEE LOANS

Availability of fee loans to eligible students - general

14. When assessing an application for a fee loan in respect of a designated further education course, the Secretary of State must determine the standard entitlement.

Standard entitlement of eligible students

15.—(1)The standard entitlement of an eligible student for all designated further education courses is determined in accordance with this regulation.

(2)The standard entitlement is a maximum of four fee loans, where the eligible student does not take out a fee loan for a programme of A Level study.

(3)Where an eligible student takes out a fee loan for a programme of A Level study, the standard entitlement is—

(a)a maximum of eight fee loans for the programme of A Level study, and

(b)a maximum of three fee loans for other designated further education courses.

(4)An eligible student undertaking a programme of A Level study may use fee loans from their standard entitlement to fund—

(a)a maximum of four AS Level courses;

(b)a maximum of four A Level courses;

(c)AS and A Level courses in a maximum of four subjects.

(5)An eligible student may only use one fee loan from their standard entitlement to fund an Access to HE Diploma.

(6)An eligible student taking more than one designated further education course at any one time may qualify for a fee loan for each course.

(7)Where an eligible student has qualified for a fee loan in connection with a designated further education course and has received public funds for the fees for that course equal to the full amount of the fee loan, the fee loan does not count towards the standard entitlement if—

(a)the Secretary of State has withheld payment of all of the fee loan under regulation 22(5), or

(b)the fee loan has been repaid in full under regulation 24.

(8)A fee loan taken out by an eligible student which is cancelled in full under regulation 25 does not count towards the standard entitlement.

(9)In addition to the standard entitlement, if the Secretary of State determines that the eligible student is—

(a)repeating a designated further education course because of compelling personal reasons, or

(b)transferring to an alternative institution because the institution at which that student began a designated further education course has ceased to be publicly funded,

the eligible student may qualify for further fee loans in respect of any period or periods of study arising as a result.

(10)In this regulation, a “programme of A level study” means the study of one or more AS Level or A Level courses.

Amount of the fee loan

16.—(1)The amount of a fee loan in respect of a further education course beginning before 1st August 2015 must not exceed the lesser of—

(a)the maximum level of public funding in connection with that further education course, or

(b)the amount which the institution is charging the eligible student for the further education course.

(2)The amount of a fee loan in respect of a further education course beginning in the period beginning on 1st August 2015 and ending on 31st July 2016 must not exceed the lesser of—

(a)the maximum loan amount available in connection with that further education course as contained in the document published by the Skills Funding Agency on 5th February 2015 entitled “Funding rates for 24+ Advanced Learning Loans designated qualifications 2015 to 2016, Version 1” , or

(b)the amount which the institution is charging the eligible student for the further education course.

(3)The amount of a fee loan in respect of a further education course beginning in the period beginning on 1st August 2016 and ending on 31st July 2017 must not exceed the lesser of—

(a)the maximum loan amount available in connection with that further education course as contained in the document published by the Skills Funding Agency on 17th February 2016 entitled “Maximum Loan Amounts for Advanced Learner Loans designated qualifications 2016 to 2017, Version 1”, or

(b)the amount which the institution is charging the eligible student for the further education course.

(4)The amount of a fee loan in respect of a further education course beginning in the period beginning on 1st August 2017 and ending on 31st July 2018 must not exceed the lesser of—

(a)the maximum loan amount available in connection with that further education course determined in accordance with Schedule 3, or

(b)the amount which the institution is charging the eligible student for the further education course.

(5)The amount of a fee loan in respect of a further education course beginning on or after 1st August 2018 must not exceed the lesser of—

(a)the maximum loan amount available in connection with that further education course determined in accordance with Schedule 3, or

(b)the amount which the institution is charging the eligible student for the further education course.

17. A fee loan must be for an amount no less than £300.

Amount of fee loan for transferring students

18.—(1) If a student’s status as an eligible student is transferred from one further education course to another under regulation 8 ... and the circumstances in paragraph (2) apply, the student may apply to the Secretary of State to borrow an additional amount by way of a fee loan in respect of the further education course to which that student transfers.

(2) The circumstances are that the fees payable in respect of the further education course to which the student transfers exceed the fees payable in respect of the course from which the student is transferring.

(3) If a student’s status as an eligible student is transferred from one course to another under regulation 8 and the circumstances in paragraph (4) apply, the Secretary of State must reduce the amount of the fee loan to which the student is entitled in respect of the course to which the eligible student has transferred .

(4) The circumstances are that the fees payable in respect of the course to which the student transfers are lower than the fees payable in respect of the course from which the student is transferring.

PART 5PAYMENTS

Interpretation

19. In this Part “confirmation of the student’s attendance” means—

(a)confirmation from the institution that the student has been present at the institution and has begun to attend the further education course where the student is applying for a fee loan in connection with that further education course; or

(b)confirmation from the institution that the student has enrolled for a further education course where the student is applying for a fee loan in connection with that further education course, and the student is undertaking the further education course but not attending (regardless of whether the reason for not attending relates to the student’s disability); or

(c)confirmation that the student remains enrolled, continues to attend the further education course or is undertaking the further education course but not attending, where the confirmation relates to payment of an instalment of the fee loan other than the first instalment.

PAYMENT OF LOANS

Provision of United Kingdom national insurance number

20.—(1) The Secretary of State may make it a condition of entitlement to payment of any fee loan that the eligible student must provide the Secretary of State with the student’s United Kingdom national insurance number.

(2) Where the Secretary of State has imposed a condition under paragraph (1), the Secretary of State must not make any payment of the fee loan to the eligible student before the Secretary of State is satisfied that the student has complied with that condition.

(3) Notwithstanding paragraph (2), the Secretary of State may make a payment of a fee loan to an eligible student if the Secretary of State is satisfied that owing to exceptional circumstances it would be appropriate to make such a payment without the eligible student having complied with the condition imposed under paragraph (1).

Information requirements

21.—(1) The Secretary of State may at any time request from an applicant or eligible studentinformation that the Secretary of State considers is required to recover a fee loan.

(2) The Secretary of State may at any time request from an applicant or eligible student sight of their national identity card, passport issued by the state of which they are a national or their birth certificate.

(3) Where the Secretary of State has requested information under this regulation, the Secretary of State may withhold any payment of a fee loan until the person provides what has been requested or provides a satisfactory explanation for not complying with the request.

Payment of fee loans

22.—(1) The Secretary of State must pay the fee loan for which an eligible student qualifies to an institution to which the student is liable to make payment.

(2) The Secretary of State may pay the fee loan in instalments.

(3) The Secretary of State must not pay the fee loan or instalment of fee loan until the Secretary of State has received from the institution—

(a)a request for payment; and

(b)confirmation (in such form as may be required by the Secretary of State) of the student’s attendance on the course for the period to which the instalment relates.

(4) The institution must inform the Secretary of State if a student ceases to attend or undertake the further education course.

(5)The Secretary of State may refuse to pay a fee loan to a student in connection with a designated further education course if that student is in receipt of public funds for part or all of the fees for that course.

Method of repayment

23.—(1) The Secretary of State may at any time require an applicant or eligible student to enter into an agreement to repay a fee loan by a particular method.

(2) Where the Secretary of State has required an agreement as to the method of repayment under this regulation, the Secretary of State may withhold any payment of a fee loan until the person provides what has been required.

OVERPAYMENTS

Overpayments of fee loan

24.—(1) Any overpayment of fee loan is recoverable by the Secretary of State from—

(a)the institution; or

(b)the student in respect of whom the payment of fee loan was made.

(1A)A student must, if so required by the Secretary of State, repay any amount of a fee loan paid in respect of the student which for whatever reason exceeds the amount of a fee loan to which the student is entitled.

(1B)An institution must, if so required by the Secretary of State, repay any amount of a fee loan paid to the institution in respect of a student which for whatever reason exceeds the amount of a fee loan to which the student is entitled.

(2) An overpayment of fee loan may be recovered from a student under paragraph (1)(b) in whichever one or more of the following ways the Secretary of State considers appropriate in all the circumstances—

(a)by subtracting the overpayment from any amount of the fee loan which remains to be paid;

(b)by requiring the student to repay the fee loan in accordance with regulations made under section 22 of the 1998 Act;

(c)by taking such other action for the recovery of an overpayment as is available to the Secretary of State.

Cancellation of fee loan

25.—(1)Where this regulation applies the Secretary of State must cancel all or part of a fee loan.

(2)The circumstances mentioned in paragraph (1) are that—

(a)an eligible student has taken out the fee loan in relation to a designated further education course at an institution;

(b)the course to which the fee loan relates is no longer available at the institution;

(c)the student has applied in writing to the Secretary of State for cancellation of all or part of the fee loan; and

(d)the Secretary of State considers it appropriate to do so.

(3)In considering whether it is appropriate to cancel all or part of the fee loan (and where it is considered appropriate to cancel part of the loan what part of the loan should be cancelled) the Secretary of State must have regard to—

(a)the proportion of the course completed;

(b)whether a similar course is available at the institution;

(c)whether the same or a similar course is available at another institution;

(d)in relation to paragraphs (b) or (c), whether the student has enrolled on the course; and

(e)any other relevant circumstances, including the personal circumstances of the student.

Regulations 3 and 7

SCHEDULE 1ELIGIBLE STUDENTS

PART 1Interpretation

1.—(1) For the purposes of this Schedule—

...

“EEA frontier self-employed person” means an EEA national who—

“EEA frontier worker” means an EEA national who—

“EEA migrant worker” means an EEA national who is a worker, other than an EEA frontier worker, in the United Kingdom;

“EEA national” means a national of an EEA State ...;

“EEA self-employed person” means an EEA national who is a self-employed person, other than an EEA frontier self-employed person, in the United Kingdom;

“European Economic Area” means the area comprised by the EEA States;

“evacuated or assisted British national from Afghanistan” means a person—

“evacuated or assisted British national from Afghanistan” means a person—

unless otherwise indicated, “family member” means—

“overseas territories” means Anguilla; Aruba; Bermuda; British Antarctic Territory; British Indian Ocean Territory; British Virgin Islands; Cayman Islands; Falkland Islands; Faroe Islands; French Polynesia; French Southern and Antarctic Territories; Gibraltar; Mayotte; Greenland; Montserrat; Netherlands Antilles (Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten); Pitcairn, Henderson, Ducie and Oeno Islands; South Georgia and the South Sandwich Islands; St Barthélemy; St Helena, Ascension and Tristan da Cunha; St Pierre et Miquelon; the Territory of New Caledonia and Dependencies; Turks and Caicos Islands; and Wallis and Futuna;

...

...

“self-employed person” means—

“settled” has the meaning given by section 33(2A) of the Immigration Act 1971(10);

“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, Ascension and Tristan da Cunha; and Turks and Caicos Islands;

“Swiss Agreement” means the Agreement between the EU and its Member States, of the one part, and the Swiss Confederation, of the other, on the Free Movement of Persons signed at Luxembourg on 21st June 1999(11) and which came into force on 1st June 2002;

...

“Swiss employed person” means a Swiss national who is an employed person, other than a Swiss frontier employed person, in the United Kingdom;

“Swiss frontier employed person” means a Swiss national who—

“Swiss frontier self-employed person” means a Swiss national who—

“Swiss self-employed person” means a Swiss national who is a self-employed person, other than a Swiss frontier self-employed person, in the United Kingdom;

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

“worker” means a worker within the meaning of article 7 of Directive 2004/38 or the EEA Agreement as the case may be.

(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.

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

(3) For the purposes of this Schedule, a person is not to be treated as ordinarily resident in a place unless that person lawfully resides in that place (but see regulation 6(3) and (4)) .

(4) For the purposes of this Schedule, a person who is ordinarily resident in England, Wales, Scotland, Northern Ireland or the Islands, as a result of having moved from another of those areas for the purpose of undertaking—

(a)the current course; or

(b)a course which the person undertook before undertaking the current course,

is to be considered to be ordinarily resident in the place from which the person moved.

(5)For the purposes of this Schedule, a person (“A”) is to be treated as ordinarily resident in an area if A would have been so resident but for the fact that—

(a)A;

(b)A’s spouse or civil partner;

(c)A’s parent; or,

(d)in the case of a dependent direct relative in the ascending line, A’s child or child’s spouse or civil partner,

is or was temporarily employed outside the area in question.

(6)For the purposes of sub-paragraph (5), temporary employment outside the area in question includes—

(a)in the case of members of the regular naval, military or air forces of the Crown, any period which they serve outside the United Kingdom as members of such forces;

(b)in the case of members of the regular armed forces of a specified British overseas territory, any period which they serve outside the territory comprising the United Kingdom and the specified British overseas territories as members of such forces;

(c)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 the case of members of the regular armed forces of an EEA State or Switzerland, any period which they serve outside the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland as members of such forces;

(e)in the case of members of the regular armed forces of Turkey, any period which they serve outside the territory comprising the United Kingdom, Gibraltar, the European Economic Area, Switzerland and Turkey as members of such forces; and

(f)in the case of members of the regular armed forces of an EU overseas territory, any period which they serve outside the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories.

(7) For the purposes of this Schedule an area other than the United Kingdom or Gibraltar which—

(a)was previously not part of the EU or the European Economic Area; but

(b)at any time before or after these Regulations come into force has become part of one or other or both of these areas,

is to be considered to have always been a part of the European Economic Area.

(8) For the purposes of this Schedule, an eligible prisoner is to be considered ordinarily resident in the part of the United Kingdom where the prisoner resided prior to sentencing.

PART 2Categories

Persons who are settled in the United Kingdom

2.—(1) A person who ...—

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

(b)is ordinarily resident in the United Kingdom on the first day of the designated further education course ;

(c)has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the further education course; and

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

(2) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the United Kingdom and Islands in accordance with paragraph 1(5).

2A.—(1)A person—

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

(b)who is attending or undertaking a designated further education 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 designated further education courseand who has been ordinarily resident in the Republic of Ireland for least part of that period; ...

(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 and

(e)who did not move to England from the Islands for the purpose of undertaking the current course or a course which the person undertook before undertaking the current course.

(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(5).

3.—(1) A person who—

(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 citizensettled 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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 Regulationsor otherwise has rights deemed to apply by virtue of any of the citizens’ rights provisions specified in paragraph (3); 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 periodor otherwise has a deemed right of permanent residence by virtue of any of the citizens’ rights provisions specified in paragraph (3); 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)is ordinarily resident in the United Kingdom on the first day of a designated further education course;

(c)has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the further education 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 before the period of ordinary residence referred to in paragraph (c).

(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....

(3)For the purposes of sub-paragraph (1)(a)(iv), the citizens’ rights provisions referred to are—

(a)Article 18(3) (issuance of residence documents) of the EU withdrawal agreement;

(b)Article 17(3) (issuance of residence documents) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020); or

(c)Article 16(3) (issuance of residence documents) of the Swiss citizens’ rights agreement.

Refugees and their family members

4.—(1) A person who—

(a)is a refugee;

(b)is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since the person was recognised as a refugee; and

(c)is ordinarily resident in the United Kingdom on the first day of the designated further education course.

(2) A person who—

(a)is the spouse or civil partner of a refugee;

(b)was the spouse or civil partner of the refugee on the date on which the refugee made the application for asylum;

(c)is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and

(d)is ordinarily resident in the United Kingdom on the first day of the designated further education course.

(3) A person who—

(a)is the child of a refugee or the child of the spouse or civil partner of a refugee;

(b)on the date on which the refugee made the application for asylum, was the child of the refugee or the child of a person who was the spouse or civil partner of the refugee on that date;

(c)was under 18 on the date on which the refugee made the application for asylum;

(d)is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and

(e)is ordinarily resident in the United Kingdom on the first day of the designated further education course.

Persons granted stateless leave and their family members

4A.—(1)A person granted stateless leave, who is ordinarily resident in the United Kingdom on the first day of the designated further education course.

(2)A person—

(a)who—

(i)is the spouse or civil partner of a person granted stateless leave; and

(ii)on the leave application date, was the spouse or civil partner of a person granted stateless leave;

(b)who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and

(c)who is ordinarily resident in the United Kingdom on the first day of the designated further education course.

(3)A person—

(a)who—

(i)is the child of a person granted stateless leave or the child of the spouse or civil partner of a person granted stateless leave; and

(ii)on the leave application date, was the child of a person granted stateless leave or the child of a person who, on the leave application date, was the spouse or civil partner of a person granted stateless leave;

(b)who was under 18 on the leave application date;

(c)who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and

(d)who is ordinarily resident in the United Kingdom on the first day of the designated further education course.

(4)In this paragraph,“leave application date” means the date on which a person granted stateless leave made an application to remain in the United Kingdom as a stateless person under the immigration rules....

Persons granted section 67 leave

4B.A person granted section 67 leave, who is ordinarily resident in the United Kingdom on the first day of the designated further education course.

Persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse and their children

4C.—(1)A person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse, who is ordinarily resident in the United Kingdom on the first day of the designated further education course.

(2)A person—

(a)granted indefinite leave to enter or remain;

(b)who—

(i)is the child of a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse; and

(ii)on the leave application date, was the child of the person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse;

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

(d)who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; and

(e)who is ordinarily resident in the United Kingdom on the first day of the designated further education course.

(3)In this paragraph, “leave application date” means the date on which a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse made an application to remain in the United Kingdom on those grounds under the immigration rules.

Persons granted Calais leave

4D.A person granted Calais leave, who is ordinarily resident in the United Kingdom on the first day of the designated further education course.

Persons granted indefinite leave to remain as a bereaved partner and their children

4E.—(1)A person—

(a)granted indefinite leave to remain in the United Kingdom under any of the following provisions of the immigration rules, as defined in section 33(1) of the Immigration Act 1971—

(i)paragraph 288, as a person in relation to whom the requirements in paragraph 287(b) of those rules are met (bereaved partners);

(ii)paragraph 295N, as a person in relation to whom the requirements in paragraph 295M of those rules are met (bereaved partners);

(iii)paragraph D-BPILR.1.1 of Appendix FM (bereaved partners); or

(iv)paragraph 36 of Appendix Armed Forces (bereaved partner of a member of HM Forces);

(b)who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; and

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

(2)A person—

(a)granted indefinite leave to remain;

(b)who—

(i)is the child of a person granted indefinite leave to remain as a bereaved partner; and

(ii)on the leave application date, was the child of the person granted indefinite leave to remain as a bereaved partner;

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

(d)who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; and

(e)who is ordinarily resident in the United Kingdom on the first day of the designated further education course.

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

Persons granted humanitarian protection and their family members

5.—(1)A person granted humanitarian protection who is ordinarily resident in the United Kingdom on the first day of the designated further education course.

(2) A person who—

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

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

(c)who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and

(d)who is ordinarily resident in the United Kingdom on the first day of the designated further education course.

(3) A person who—

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

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

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

(d)who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and

(e)who is ordinarily resident in the United Kingdom on the first day of the designated further education course.

Persons granted leave under one of the Afghan Schemes and their family members

5A.—(1)A person granted leave under one of the Afghan Schemes, who is ordinarily resident in the United Kingdom on the first day of the designated further education course.

(2)A person who—

(a)is the spouse or civil partner of a person granted leave under one of the Afghan Schemes;

(b)on the leave application date, was the spouse or civil partner of that person;

(c)is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being granted leave to enter or remain in the United Kingdom; and

(d)is ordinarily resident in the United Kingdom on the first day of the designated further education course.

(3)A person who—

(a)is—

(i)the child of a person granted leave under one of the Afghan Schemes; or

(ii)the child of the spouse or civil partner of a person granted leave under one of the Afghan Schemes;

(b)on the leave application date, was—

(i)the child of the person granted leave under one of the Afghan Schemes; or

(ii)the child of a person who was the spouse or civil partner of a person granted leave under one of the Afghan Schemes on that date;

(c)was under 18 on the leave application date;

(d)is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and

(e)is ordinarily resident in the United Kingdom on the first day of the designated further education course.

(4)In this paragraph “leave application date” means the date on which the person granted leave under one of the Afghan Schemes made an application for leave to enter or remain in the United Kingdom.

Evacuated or assisted British nationals from Afghanistan

5B.An evacuated or assisted British national from Afghanistan who is ordinarily resident in the United Kingdom on the first day of the designated further education course.

Persons granted leave under one of the Ukraine Schemes and their family members

5C.—(1)A person granted leave under one of the Ukraine Schemes, who is ordinarily resident in the United Kingdom on the first day of the designated further education course.

(2)A person who—

(a)is the spouse or civil partner of a person granted leave under one of the Ukraine Schemes;

(b)on the leave application date, was the spouse or civil partner of that person;

(c)is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being granted leave to enter or remain in the United Kingdom; and

(d)is ordinarily resident in the United Kingdom on the first day of the designated further education course.

(3)A person who—

(a)is—

(i)the child of a person granted leave under one of the Ukraine Schemes; or

(ii)the child of the spouse or civil partner of a person granted leave under one of the Ukraine Schemes;

(b)on the leave application date, was—

(i)the child of the person granted leave under one of the Ukraine Schemes; or

(ii)the child of a person who was the spouse or civil partner of a person granted leave under one of the Ukraine Schemes;

(c)was under 18 on the leave application date;

(d)is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and

(e)is ordinarily resident in the United Kingdom on the first day of the designated further education course.

(4)In this paragraph “leave application date” means the date on which the person granted leave under one of the Ukraine Schemes made an application for leave to enter or remain in the United Kingdom.

Workers, employed persons, self-employed persons and their family members

6.—(1) A person 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 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 paragraph (iv) or (v);

(b)subject to sub-paragraph (2), is ordinarily resident in England on the first day of the further education 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 designated further education course.

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

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 further education 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 designated further education course.

(2)Paragraph (b) of sub-paragraph (1) does not apply where the person applying for a fee loan 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.—(1) A person who—

(a)is ordinarily resident in the United Kingdom on the first day of the designated further education 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 designated further education course; and

(c)is entitled to support by virtue of Article 12 of CouncilRegulation (EEC) No. 1612/68workers (12), as extended by the EEA Agreement.

(2)Any description of person who would have been eligible under this paragraph immediately before IP completion day is to be eligible on and after IP completion day.

7A.—(1)A person with protected rights who—

(a)is ordinarily resident in the United Kingdom on the first day of the designated further education 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 designated further education 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.

Persons who are settled in the United Kingdom and have exercised a right of residence elsewhere

8.—(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)is ordinarily resident in the United Kingdom on the day on which the designated further education course begins;

(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 designated further education course; and

(e)in a case where the person’s ordinary residence referred to in paragraph (d) 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 (d).

(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.

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 2017immediately 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 designated further education course;

(d)is ordinarily resident in the United Kingdom on the day on which the designated further education course 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 designated further education 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.

EU nationals etc.

9.—(1) A person who—

(a)is either—

(i)an EU national on the first day of the designated further education course; or

(ii)a family member of a such a person;

(b)is attending or undertaking a designated further education course in England;

(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 designated further education 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(5).

(3) Where a state accedes to the EU after the first day of the designated further education course and a person is a national of that state or the family member of a national of that state, the requirement in paragraph (a) of sub-paragraph (1) to be an EU national on the first day of the designated further education course is treated as being satisfied.

(4)Any description of person who would have been eligible under this paragraph immediately before IP completion day is to be eligible on and after IP completion day.

9A.—(1)A person with protected rights—

(a)who is —

(i)an EU national on the first day of the designated further education 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 attending or undertaking a designated further education course in England;

(c)who 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 designated further education course; and

(d)subject to sub-paragraph (2), 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 (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 paragraph 1(5) .

United Kingdom nationals

9B.—(1)A person—

(a)who is—

(i)a United Kingdom national on the first day of the designated further education 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 2017immediately 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 designated further education course;

(c)who is attending or undertaking a designated further education course in England;

(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 first day of the designated further education 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(5).

(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).

9BA.—(1)A person—

(a)who is an Irish citizen on the first day of the designated further education course;

(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 2017immediately 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 designated further education course;

(c)who is attending or undertaking a designated further education course in England;

(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 first day of the designated further education 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(5).

9BB.—(1)Subject to paragraphs (3) and (4), a person—

(a)who is

(i)settled in the United Kingdom ...; or

(ii)a person who is a British citizen and who—

(aa)was born in the British Indian Ocean Territory or, prior to 8th November 1965, in those islands designated as the British Indian Ocean Territory on that date; or

(bb)is a direct descendant of a person who was born in the British Indian Ocean Territory or, prior to 8th November 1965, in those islands designated as the British Indian Ocean Territory on that date;

(b)who is attending or undertaking a designated further education course in England;

(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 designated further education 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 designated further education course;

(e)who did not move to England from the Islands for the purpose of undertaking the current course or a course which the person undertook immediately before undertaking the current course; and

(f)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 (f) 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 paragraph 1(5).

(3)For the purposes of paragraphs (c) and (d) of sub-paragraph (1), a person mentioned in paragraph (a)(ii) of sub-paragraph (1) is treated as being ordinarily resident in the specified British overseas territories in any period before the first day of the designated further education course in which they are not ordinarily resident in the United Kingdom or the Islands.

(4)Paragraphs (e) and (f) of sub-paragraph (1) do not apply to a person mentioned in paragraph (a)(ii) of that sub-paragraph.

9C.—(1)A person—

(a)who is a family member of a person who is settled in the United Kingdom on the first day of the designated further education course;

(b)who is attending or undertaking a designated further education 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 designated further education course; ...

(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 and

(e)who did not move to England from the Islands for the purpose of undertaking the current course or a course which the person undertook before undertaking the current course.

(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(5).

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;

(b)who is attending or undertaking a designated further education 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 designated further education course; and

(d)subject to sub-paragraph (3), 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)A person—

(a)who is—

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

(ii)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 attending or undertaking a designated further education course in England;

(c)who 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 designated further education 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.

(3)Paragraph (d) of sub-paragraphs (1) and (2) does not apply to a person treated as being ordinarily resident in the territory referred to in paragraph (c) of those sub-paragraphs in accordance with paragraph 1(5).

EU nationals ordinarily resident in the United Kingdom and Islands

10.—(1) A person who—

(a)is an EU national ... on the first day of the designated further education course;

(b)is ordinarily resident in the United Kingdom on the first day of the designated further education course;

(c)has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the designated further education 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).

(2) Where a state accedes to the EU after the first day of the designated further education course and a person is a national of that state, the requirement in paragraph (a) of sub-paragraph (1) to be an EU national ... on the first day of the designated further education course is treated as being satisfied.

10A.A person with protected rights who—

(a)is an EU national on the first day of the designated further education course;

(b)is ordinarily resident in the United Kingdom on the first day of the designated further education course;

(c)has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the designated further education 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).

Children of Swiss nationals

11.—(1) A person who—

(a)is the child of a Swiss national who is entitled to support in the United Kingdom by virtue of article 3(6) of Annex 1 to the Swiss Agreement;

(b)is ordinarily resident in the United Kingdom on the first day of the designated further education 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 designated further education 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 before the period of ordinary residence referred to in paragraph (c).

(2)Any description of person who would have been eligible under this paragraph immediately before IP completion day is to be eligible on and after IP completion day.

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 designated further education 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 designated further education 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).

Children of Turkish workers

12. A person who—

(a)is the child of a Turkish worker;

(b)is ordinarily resident in the United Kingdom on the first day of the designated further education course; and

(c)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 designated further education course.

12A.—(1)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 designated further education 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.

Long Residence

13.—(1)A person—

(a)who on the first day of a designated further education course has, preceding the first day of the further education course, lived in the United Kingdom throughout either—

(i)half their life; or

(ii)a period of twenty years;

(b)who is ordinarily resident in the United Kingdom on the first day of a designated further education course;

(c)who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the further education course; and

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

(2)Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the United Kingdom and Islands in accordance with paragraph 1(5).

Regulation 12

SCHEDULE 2INFORMATION

1. Every applicant and eligible student must, as soon as reasonably practicable after being requested to do so, provide the Secretary of State with such information as the Secretary of State requires for the purposes of these Regulations.

2.An applicant or eligible student must inform the Secretary of State and provide the Secretary of State with particulars if any of the following occurs—

(a)they withdraw from or abandon their further education course;

(b)they are expelled from their further education course;

(c)they transfer to another further education course (whether at the same institution or not);

(d)they are absent from their further education course for more than 60 days due to illness;

(e)they are suspended from their further education course (whether at their request or not);

(f)the month for the start or completion of their further education course changes;

(g)their home or term-time address or telephone number changes;

(h)their name changes.

2A.—(1)An institution must forthwith inform the Secretary of State and provide the Secretary of State with particulars if an applicant or eligible student—

(a)withdraws from or abandons their further education course;

(b)is expelled from their further education course;

(c)is absent from their course for more than 60 days due to illness;

(d)is suspended from their course (whether at the applicant or student’s request or not).

(2)An institution is not required to provide under sub-paragraph (1) any information which it has already provided to the Secretary of State under regulation 22(4).

3.Information provided to the Secretary of State pursuant to these Regulations must be in the format that the Secretary of State requires and, if the Secretary of State requires the information to be signed by the person providing it, an electronic signature in such form as the Secretary of State may specify satisfies such a requirement.

Regulation 16

SCHEDULE 3Maximum loan amount for a further education course

Part 1Interpretation

In this Schedule,

“GLH” means guided learning hours and is the number of hours, including assessment time, that a student spends being taught or instructed by, or otherwise participating in, education or training under the guidance or supervision of a lecturer, supervisor or tutor;

“Learning Aim Reference” means the unique number allocated by the Skills Funding Agency set out in the first column in table 3, corresponding to the qualification set out in the second column;

“programme weighting” means the letter from A to E and the descriptor set out in the second column of table 4 which correspond to the sector subject area in the first column of that table, subject to the exceptions set out after the table;

“specialist dance and drama diploma” means the qualifications set out in the second column of table 3;

“TQT” means total qualification time and is comprised of GLH and an estimate of the number of hours a student spends in preparation, study or any other form of participation in education or training, including assessment, which takes place as directed by, but not under the guidance or supervision of, a lecturer, supervisor or tutor.

Part 2Determination of maximum loan amounts

Exceptions to programme weightings in Table 4

1.The following programme weightings are exceptions to the programme weightings in the table—

(1)Waste management and recycling in sector subject area 1.4 Public Services is weighted at B – Low;

(2)Hair and beauty in sector subject area 7.3 Service enterprises is weighted at C – Medium;

(3)Music technology in sector subject area 9.1 Performing arts is weighted at D – High;

(4)Music practitioners in sector subject area 9.1 Performing arts is weighted at E – Specialist.