Citation, commencement, interpretation and application

1. —(1) These Regulations may be cited as the Education (Student Support) (Amendment) Regulations 2016 and come into force on 25th March 2016.

(2) In these Regulations “the 2011 Regulations” means the Education (Student Support) Regulations 2011( 2 ).

(3) Subject to paragraph (4), these Regulations apply to the provision of support to students under the 2011 Regulations in relation to an academic year which begins on or after 1st August 2016.

(4) The amendments made by these Regulations do not apply in relation to an applicant—

(a) who, before the date on which these Regulations come into force, makes an application under the 2011 Regulations to the Secretary of State for support in relation to an academic year which begins on or after 1st August 2016; or

(b) who—

(i) before the date on which these Regulations come into force has been determined by the Secretary of State to be an eligible student falling within paragraph 10 of Part 2 of Schedule 1 to the 2011 Regulations; and

(ii) on or after that date makes an application for support under the 2011 Regulations on the basis of that determination in relation to an academic year which begins on or after 1st August 2016.

Amendment of the 2011 Regulations

2. The 2011 Regulations are amended in accordance with regulations 3 to 7.

3. In regulation 38(3) (General qualifying conditions for grants for living and other costs), after “paragraph 9” insert “or paragraph 10”.

4. In regulation 69(3)(a) (Qualifying conditions for the loan for living costs – current system students), after “paragraph 9” insert “or paragraph 10”.

5. In regulation 147(2)(a) (Disabled part-time students’ allowance), after “paragraph 9” insert “or paragraph 10”.

6. In Schedule 1, Part 2 (Eligible Students – Categories) after paragraph 10, insert—

“ 10A. —(1) A person who—

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

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

(c) has been ordinarily resident in the United Kingdom and Islands throughout the five-year period immediately preceding the first day of the first academic year of the course; and

(d) in a case where the person’s ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the 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 first academic year of the course and a person is a national of that state, the requirement in paragraph (a) of sub-paragraph (1) to be an EU national other than a United Kingdom national on the first day of the first academic year of the course is treated as being satisfied. ” .