Part 1 Introductory

Citation and commencement

1.—(1) These Regulations may be cited as the Education (Student Fees, Awards, Support and Loan Repayments) (Amendment) Regulations 2026.

(2) Subject to paragraphs (3) and (4), these Regulations come into force on 5th March 2026.

(3) Regulation 7 (amendments to the payment of grants for living and other costs)> comes into force on 9th March 2026.

(4) Part 4 comes into force on 1st April 2026.

Extent and application

2.—(1) Any amendment made by these Regulations has—

(a)the same extent, and

(b)except as provided in paragraphs (2) and (3), the same application,

as the provision amended.

(2) The amendments made by the following provisions apply only in relation to the provision of support to a student in relation to an academic year which begins on or after 1st August 2026, whether anything done under these Regulations is done before, on or after that date—

(a)regulation 5 (amendments to the childcare grant);

(b)regulation 8 (amendments to remove the household income assessment of eligible care leavers in relation to loans for living costs);

(c)regulation 14 (amendments relating to new payment rates for student support) and the Schedule (amendments to the Education (Student Support) Regulations 2011 relating to new payment rates for student support).

(3) The amendments made by the following provisions apply only in relation to the provision of support to a student in relation to a course which begins on or after 1st August 2026, whether anything done under these Regulations is done before, on or after that date—

(a)regulation 4 (amendments to the adult dependants’ grant), except where the student transfers to the course from a designated course that began before that date;

(b)regulation 24 (amendments relating to the amount of loan for postgraduate master’s degrees);

(c)regulation 31 (amendments relating to the amount and payment of loan for postgraduate doctoral degrees).

(4) In paragraph (2) , an “academic year” is the period of twelve months beginning with 1st January, 1st April, 1st July or 1st September of the calendar year in which the academic year of the course in question begins, according to whether the academic year of the course begins, respectively—

(a)on or after 1st January and before 1st April,

(b)on or after 1st April and before 1st July,

(c)on or after 1st July and before 1st August, or

(d)on or after 1st August and on or before 31st December.

(5) In paragraph (3)(a), “ designated course ” has the meaning given in regulation 2(1) of the Education (Student Support) Regulations 2011 ( 4 ).

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

Amendment of the Education (Student Support) Regulations 2011

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

Amendments to the adult dependants’ grant

4.—(1) In regulation 44 (adult dependants’ grant)—

(a)in paragraph (2), in the words before sub-paragraph (a), after “one dependant of an eligible student who is”, insert “ordinarily resident in the United Kingdom and”;

(b)in paragraph (3)—

(i)at the end of sub-paragraph (a), for “; or” substitute a full stop;

(ii)omit sub-paragraph (b).

(2) In regulation 47 (calculations)—

(a)in paragraph (1), for “and (4)” substitute “, (4) and (4A)”;

(b)after paragraph (4), insert—

“(4A) Where an adult dependant is not ordinarily resident in the United Kingdom for the whole of the relevant year, the amount of adult dependants’ grant payable in respect of that adult dependant is an amount equal to—

Amendments to the childcare grant

5. In regulation 45 (childcare grant)—

(a)in paragraph (7), for “In this regulation” substitute “Subject to paragraphs (7A) and (7B), in this regulation”;

(b)after paragraph (7), insert—

“(7A) “Prescribed childcare charges” do not include childcare charges in respect of childcare provided by a nanny.

(7B) Paragraph (7A) does not apply where the Secretary of State has determined that, owing to exceptional circumstances, it would be appropriate for A to incur childcare charges in respect of childcare provided by a nanny.

(7C) In paragraphs (7A) and (7B), “nanny” means a person who cares for a child in any of the circumstances specified in article 3 of the Childcare (Exemptions from Registration) Order 2008(5) (and is consequently not required to be registered in either of the childcare registers established by section 32 of the Childcare Act 2006(6)).”.

Amendments to the qualifying conditions for the special support grant

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

(a)in paragraph (2)—

(i)in sub-paragraph (ba), for “sub-paragraphs (b) to (e)” substitute “sub-paragraphs (b), (d) and (e)”;

(ii)omit the “or” after sub-paragraph (ba);

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

“(bb)has no partner and satisfies sub-paragraph (c) of regulation 14(1) of the Universal Credit Regulations 2013; or”;

(b)at the end, insert—

“(8) In this regulation, “partner” has the meaning given in regulation 42(1)(h).”.

Amendments to the payment of grants for living and other costs

7. In regulation 109 (payment of grants for living and other costs), after paragraph (20), insert—

“(21) In the case of childcare grant—

(a)the general rule is that an application from a person seeking payment of prescribed childcare charges must reach the Secretary of State during the period of 13 weeks beginning with the day immediately following the last day of the week in which the student incurred those prescribed childcare charges;

(b)the general rule does not apply where—

(i)the student incurred the prescribed childcare charges before 9th March 2026, in which case the application must reach the Secretary of State before the end of the period of 13 weeks beginning with that date;

(ii)the Secretary of State, having regard to the circumstances of the particular case, considers that the time limit should be relaxed, in which case the application must reach the Secretary of State not later than such date as the Secretary of State specifies.

(22) In paragraph (21), a week runs from Monday to Sunday.”.

Amendments to remove the household income assessment of eligible care leavers in relation to loans for living costs

8.—(1) In regulation 2(1) (interpretation: general), in the relevant places in alphabetical order, insert—

““eligible care leaver” means an independent eligible student described in paragraph 2(1)(f) of Schedule 4 who is a 2016 cohort student;

“eligible part-time care leaver” means an independent eligible part-time student described in paragraph 2(1)(f) of Schedule 6;”.

(2) In regulation 68(e) (interpretation of Part 6: definition of “student with reduced entitlement”), in sub-paragraph (ii), at the beginning, insert “is not an eligible care leaver and”.

(3) In regulation 80 (students with reduced entitlement)—

(a)in paragraph (1)(f), in the words before paragraph (i), after “2016 cohort student”, insert “, other than an eligible care leaver,”;

(b)in paragraph (2)(f), in the words before paragraph (i), after “2016 cohort student”, insert “, other than an eligible care leaver,”.

(4) In regulation 80A (2016 cohort students with full entitlement who satisfy the conditions in regulation 71(1)(g))—

(a)in paragraph (2), for “paragraph (4)” substitute “paragraphs (4) and (5)”;

(b)in paragraph (3), for “paragraph (4)” substitute “paragraphs (4) and (5)”;

(c)after paragraph (4), insert—

“(5) Where this regulation applies to an eligible care leaver, the formula in each of paragraphs (2) and (3) is to be read as “X”.”.

(5) In regulation 80B (2016 cohort students with full entitlement who satisfy the conditions in regulation 71(1)(h))—

(a)in paragraph (2), for “paragraph (6)” substitute “paragraphs (6) and (7)”;

(b)in paragraph (4), for “paragraph (6)” substitute “paragraphs (6) and (7)”;

(c)after paragraph (6), insert—

“(7) Where this regulation applies to an eligible care leaver, the formula in each of paragraphs (2) and (4) is to be read as “X”.”.

(6) In regulation 80C (2016 cohort students with full entitlement who satisfy the conditions in regulation 71(1)(i))—

(a)in paragraph (2), after “Subject to Chapter 4 of this Part”, insert “and paragraph (4)”;

(b)after paragraph (3), insert—

“(4) Where this regulation applies to an eligible care leaver, the formula in paragraph (2) is to be read as “X”.”.

(7) In regulation 81 (long courses loan)—

(a)in paragraph (6), for “A deduction” substitute “Subject to paragraph 6A, a deduction”;

(b)after paragraph (6), insert—

“(6A) Paragraph (6) does not apply in relation to a long courses loan for an eligible care leaver.”.

(8) In regulation 103 (order of application - 2009, 2012 or 2016 cohort students), in paragraph (d), for “calculated in accordance with” substitute “for which the eligible student, other than an eligible care leaver, qualifies under”.

(9) In regulation 157F(3) (maximum amount of loans for living costs: general), after “eligible part-time student”, in the second place it occurs, insert “, other than an eligible part-time care leaver,”.

(10) In regulation 157G (maximum amount of loans for living costs: eligible part-time students with full entitlement)—

(a)in paragraph (1), for “paragraph (5)” substitute “paragraphs (1A) and (5)”;

(b)after paragraph (1), insert—

“(1A) Where the eligible part-time student with full entitlement referred to in paragraph (1) is an eligible part-time care leaver, the formula in that paragraph is to be read as “A x X”.”.

(11) In Schedule 4 (financial assessment), in paragraph 9A (calculation of contribution for loans for living costs - 2016 cohort students)—

(a)in sub-paragraph (1), after “2016 cohort student”, insert “, other than an eligible care leaver,”;

(b)in sub-paragraph (2), in the words before paragraph (a), after “2016 cohort student”, insert “, other than an eligible care leaver,”;

(c)in sub-paragraph (3), in the words before paragraph (a), after “2016 cohort student”, insert “, other than an eligible care leaver,”.

Amendments to allow overstayers satisfying paragraph SUI 13.1 of the immigration rules to retain eligible student status

9.—(1) In regulation 4 (eligible students)—

(a)in paragraph (12)(b)(i), at the end, insert “and paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave”;

(b)for paragraph (12A)(b) substitute—

“(b)as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted stateless leave is allowed to stay in the United Kingdom has expired and—

(i)no further leave to remain has been granted and paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave, and

(ii)that person has not become a British or Irish citizen,”;

(c)for paragraph (12B)(b) substitute—

“(b)as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted section 67 leave is allowed to stay in the United Kingdom has expired and—

(i)no further leave to remain has been granted and paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave, and

(ii)that person has not become a British or Irish citizen,”;

(d)for paragraph (12C)(b) substitute—

“(b)as at the day before the academic year in respect of which A is applying for support 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 and paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave, and

(ii)A has not become a British or Irish citizen,”;

(e)in paragraph (13)(b)(i), at the end, insert “and paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave”;

(f)for paragraph (13C)(b) substitute—

“(b)as at the day before the academic year in respect of which A is applying for support 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—

(i)no further leave has been granted and paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave, and

(ii)that person has not become a British or Irish citizen,”;

(g)for paragraph (13D)(b) substitute—

“(b)as at the day before the academic year in respect of which A is applying for support 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—

(i)no further leave to enter or remain has been granted and paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave, and

(ii)that person has not become a British or Irish citizen,”;

(h)in paragraph (13E)(b)(i), at the end, insert “and paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave”.

(2) In regulation 137 (eligible part-time students)—

(a)in paragraph (10)(b)(i), at the end, insert “and paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave”;

(b)for paragraph (10A)(b) substitute—

“(b)as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted stateless leave is allowed to stay in the United Kingdom has expired and—

(i)no further leave to remain has been granted and paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave, and

(ii)that person has not become a British or Irish citizen,”;

(c)for paragraph (10B)(b) substitute—

“(b)as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted section 67 leave is allowed to stay in the United Kingdom has expired and—

(i)no further leave to remain has been granted and paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave, and

(ii)that person has not become a British or Irish citizen,”;

(d)for paragraph (10C)(b) substitute—

“(b)as at the day before the academic year in respect of which A is applying for support 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 and paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave, and

(ii)A has not become a British or Irish citizen,”;

(e)in paragraph (11)(b)(i), at the end, insert “and paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave”;

(f)for paragraph (11C)(b) substitute—

“(b)as at the day before the academic year in respect of which A is applying for support 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—

(i)no further leave has been granted and paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave, and

(ii)that person has not become a British or Irish citizen,”;

(g)for paragraph (11D)(b) substitute—

“(b)as at the day before the academic year in respect of which A is applying for support 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—

(i)no further leave to enter or remain has been granted and paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave, and

(ii)that person has not become a British or Irish citizen,”;

(h)in paragraph (11E)(b)(i), at the end, insert “and paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave”.

(3) In regulation 159 (eligible postgraduate students)—

(a)in paragraph (15)(b)(i), at the end, insert “and paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave”;

(b)for paragraph (15A)(b) substitute—

“(b)as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted stateless leave is allowed to stay in the United Kingdom has expired and—

(i)no further leave to remain has been granted and paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave, and

(ii)that person has not become a British or Irish citizen,”;

(c)for paragraph (15B)(b) substitute—

“(b)as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted section 67 leave is allowed to stay in the United Kingdom has expired and—

(i)no further leave to remain has been granted and paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave, and

(ii)that person has not become a British or Irish citizen,”;

(d)for paragraph (15C)(b) substitute—

“(b)as at the day before the academic year in respect of which A is applying for support 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 and paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave, and

(ii)A has not become a British or Irish citizen,”;

(e)in paragraph (16)(b)(i), at the end, insert “and paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave”;

(f)for paragraph (16C)(b) substitute—

“(b)as at the day before the academic year in respect of which A is applying for support 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—

(i)no further leave has been granted and paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave, and

(ii)that person has not become a British or Irish citizen,”;

(g)for paragraph (16D)(b) substitute—

“(b)as at the day before the academic year in respect of which A is applying for support 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—

(i)no further leave to enter or remain has been granted and paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave, and

(ii)that person has not become a British or Irish citizen,”;

(h)in paragraph (16E)(b)(i), at the end, insert “and paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave”.

Amendment to the definition of “Erasmus year”

10. In regulation 2(1) (interpretation), in the definition of “Erasmus year”, in the opening words—

(a)after “known as ERASMUS”, for the “or” substitute a comma;

(b)after “Turing Scheme,”, insert “or in the scheme established by the Welsh Ministers known as the International Learning Exchange Programme,”.

Amendments to update references to the Ukraine Schemes

11. In regulation 2(1) (interpretation)—

(a)in the definition of “person granted leave under the Ukraine Extension Scheme”, in paragraph (a), after “immigration rules”, insert “, as it had effect on the day such leave was granted(7)”;

(b)in the definition of “person granted leave under the Ukraine Family Scheme”, in paragraph (a)(i), after “immigration rules”, insert “, as it had effect on the day such leave was granted(8)”;

(c)in the definition of “person granted leave under the Ukraine Permission Extension Scheme”, in paragraph (a), for “the Ukraine Permission Extension Scheme” substitute “paragraph UKR 36.1 of Appendix Ukraine Scheme of the immigration rules”.

Amendments to update references to Scottish legislation

12. In regulation 2(14)—

(a)in the definition of “Scottish designated full-time course”, for paragraph (a) substitute—

“(a)determined as designated under regulation 13(4) of the Student Support (Scotland) Regulations 2022(9) for the purposes of regulation 11(2) of those Regulations;”;

(b)in the definition of “Scottish designated part-time course”, for paragraph (a) substitute—

“(a)determined as designated under regulation 13(4) of the Student Support (Scotland) Regulations 2022 for the purposes of regulation 11(2) of those Regulations;”;

(c)in the definition of “Scottish designated postgraduate course”, for paragraph (a) substitute—

“(a)determined as designated under regulation 13(4) of the Student Support (Scotland) Regulations 2022 for the purposes of regulation 11(2) of those Regulations;”.

Amendments to remove references to Scottish healthcare allowance

13.—(1) In regulation 2(1) (interpretation)—

(a)in the definition of “bursary year”, omit paragraph (b);

(b)omit the definition of “Scottish healthcare allowance”.

(2) In regulation 45(3)(c) (childcare grant), omit “or Scottish healthcare allowance”.

(3) In regulation 69(2)(c) (qualifying conditions for the loan for living costs - current system students), omit “or a Scottish healthcare allowance”.

Amendments relating to new payment rates for student support

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

Part 3 Corresponding amendments to other subordinate legislation

Chapter 1 The Education (Fees and Awards) (England) Regulations 2007

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

15. The Education (Fees and Awards) (England) Regulations 2007(10) are amended in accordance with this Chapter.

Amendment to allow overstayers satisfying paragraph SUI 13.1 of the immigration rules to retain eligible student status

16. In regulation 4 (fee charging), in paragraph (2ZA), for sub-paragraph (b) substitute—

“(b)either—

(i)further leave to remain has been granted, or paragraph SUI 13.1 of the immigration rules applies in respect of an application for such leave, or

(ii)the person whose leave to remain has expired has become a British or Irish citizen,”.

Amendments to update references to the Ukraine Schemes

17. In Schedule 1, in paragraph 1(1)—

(a)in the definition of “person granted leave under the Ukraine Extension Scheme”, in paragraph (a), after “immigration rules”, insert “, as it had effect on the day such leave was granted”;

(b)in the definition of “person granted leave under the Ukraine Family Scheme”, in paragraph (a)(i), after “immigration rules”, insert “, as it had effect on the day such leave was granted”;

(c)in the definition of “person granted leave under the Ukraine Permission Extension Scheme”, in paragraph (a), for “the Ukraine Permission Extension Scheme” substitute “paragraph UKR 36.1 of Appendix Ukraine Scheme of the immigration rules”.

Chapter 2 The Further Education Loans Regulations 2012

Amendment of the Further Education Loans Regulations 2012

18. The Further Education Loans Regulations 2012(11) are amended in accordance with this Chapter.

Amendments to update references to the Ukraine Schemes

19. In regulation 2(1) (interpretation)—

(a)in the definition of “person granted leave under the Ukraine Extension Scheme”, in paragraph (a), after “immigration rules”, insert “, as it had effect on the day such leave was granted”;

(b)in the definition of “person granted leave under the Ukraine Family Scheme”, in paragraph (a)(i), after “immigration rules”, insert “, as it had effect on the day such leave was granted”;

(c)in the definition of “person granted leave under the Ukraine Permission Extension Scheme”, in paragraph (a), for “the Ukraine Permission Extension Scheme” substitute “paragraph UKR 36.1 of Appendix Ukraine Scheme of the immigration rules”.

Chapter 3 The Education (Postgraduate Master’s Degree Loans) Regulations 2016

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

20. The Education (Postgraduate Master’s Degree Loans) Regulations 2016(12) are amended in accordance with this Chapter.

Amendments to allow overstayers satisfying paragraph SUI 13.1 of the immigration rules to retain eligible student status

21. In regulation 3 (eligible students)—

(a)in paragraph (8A)(b)(i), at the end, insert “and, where the refugee status expired after the course start date, paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave”;

(b)for paragraph (8B)(b) substitute—

“(b)as at the day before the relevant day, the period for which the person granted stateless leave is allowed to stay in the United Kingdom has expired and—

(i)no further leave to remain has been granted and, where the period expired after the course start date, paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave, and

(ii)that person has not become a British or Irish citizen,”;

(c)for paragraph (8C)(b) substitute—

“(b)as at the day before the relevant day, 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 and, where the period expired after the course start date, paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave, and

(ii)that person has not become a British or Irish citizen,”;

(d)for paragraph (8D)(b) substitute—

“(b)as at the day before the relevant day, 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 and, where the period expired after the course start date, paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave, and

(ii)A has not become a British or Irish citizen,”;

(e)in paragraph (8E)(b)(i), at the end, insert “and, where the period expired after the course start date, paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave”;

(f)for paragraph (8G)(b) substitute—

“(b)as at the day before the relevant day, the period for which A or, as the case may be, S is allowed to stay in the United Kingdom has expired and—

(i)no further leave has been granted and, where the period expired after the course start date, paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave, and

(ii)the person (A or S) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen,”;

(g)for paragraph (8H)(b) substitute—

“(b)as at the day before the relevant day, the period for which A or, as the case may be, U is allowed to stay in the United Kingdom has expired and—

(i)no further leave to enter or remain has been granted and, where the period expired after the course start date, paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave, and

(ii)the person (A or U) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen,”;

(h)in paragraph (8I)(b)(i), at the end, insert “and, where the period expired after the course start date, paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave”.

Amendments to update references to the Ukraine Schemes

22. In regulation 2(1) (interpretation)—

(a)in the definition of “person granted leave under the Ukraine Extension Scheme”, in paragraph (a), after “immigration rules”, insert “, as it had effect on the day such leave was granted”;

(b)in the definition of “person granted leave under the Ukraine Family Scheme”, in paragraph (a)(i), after “immigration rules”, insert “, as it had effect on the day such leave was granted”;

(c)in the definition of “person granted leave under the Ukraine Permission Extension Scheme”, in paragraph (a), for “the Ukraine Permission Extension Scheme” substitute “paragraph UKR 36.1 of Appendix Ukraine Scheme of the immigration rules”.

Amendments to update references to Scottish legislation

23.—(1) In regulation 2(1A) (interpretation), in the definition of “Scottish designated master’s degree course”, for paragraph (a) substitute—

“(a)determined as designated under regulation 13(4) or 14(2) of the Student Support (Scotland) Regulations 2022(13) for the purposes of regulation 11(2) or 12(2) of those Regulations;”.

(2) In regulation 3 (eligible students), in paragraph (3)(k)(i), for sub-paragraph (bb) (but not the “or” that follows it) substitute—

“(bb)designated under regulation 13(1)(b)(i) of the Student Support (Scotland) Regulations 2022;”.

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

24. In Part 1, in regulation 12 (amount of the postgraduate master’s degree loan), in paragraphs (1) and (2), for “£12,858” substitute “£13,206”.

Chapter 4 The Higher Education (Fee Limit Condition) (England) Regulations 2017

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

25. The Higher Education (Fee Limit Condition) (England) Regulations 2017(14) are amended in accordance with this Chapter.

Amendment to allow overstayers satisfying paragraph SUI 13.1 of the immigration rules to retain eligible student status

26. In regulation 4 (qualifying person), in paragraph (6A), for sub-paragraph (b) substitute—

“(b)either—

(i)further leave to remain has been granted, or paragraph SUI 13.1 of the immigration rules applies in respect of an application for such leave, or

(ii)the person whose leave to remain has expired has become a British or Irish citizen,”.

Amendments to update references to the Ukraine Schemes

27. In regulation 2 (interpretation)—

(a)in the definition of “person granted leave under the Ukraine Extension Scheme”, in paragraph (a), after “immigration rules”, insert “, as it had effect on the day such leave was granted”;

(b)in the definition of “person granted leave under the Ukraine Family Scheme”, in paragraph (a)(i), after “immigration rules”, insert “, as it had effect on the day such leave was granted”;

(c)in the definition of “person granted leave under the Ukraine Permission Extension Scheme”, in paragraph (a), for “the Ukraine Permission Extension Scheme” substitute “paragraph UKR 36.1 of Appendix Ukraine Scheme of the immigration rules”.

Chapter 5 The Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 2018

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

28. The Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 2018(15) are amended in accordance with this Chapter.

Amendments to allow overstayers satisfying paragraph SUI 13.1 of the immigration rules to retain eligible student status

29. In regulation 3 (eligible students)—

(a)in paragraph (11A)(b)(i), at the end, insert “and, where the refugee status expired after the course start date, paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave”;

(b)for paragraph (11B)(b) substitute—

“(b)as at the day before the relevant day, the period for which the person granted stateless leave is allowed to stay in the United Kingdom has expired and—

(i)no further leave to remain has been granted and, where the period expired after the course start date, paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave, and

(ii)that person has not become a British or Irish citizen,”;

(c)for paragraph (11C)(b) substitute—

“(b)as at the day before the relevant day, 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 and, where the period expired after the course start date, paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave, and

(ii)that person has not become a British or Irish citizen,”;

(d)for paragraph (11D)(b) substitute—

“(b)as at the day before the relevant day, 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 and, where the period expired after the course start date, paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave, and

(ii)A has not become a British or Irish citizen,”;

(e)in paragraph (11E)(b)(i), at the end, insert “and, where the period expired after the course start date, paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave”;

(f)for paragraph (11G)(b) substitute—

“(b)as at the day before the relevant day, the period for which A or, as the case may be, S is allowed to stay in the United Kingdom has expired and—

(i)no further leave has been granted and, where the period expired after the course start date, paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave, and

(ii)the person (A or S) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen,”;

(g)for paragraph (11H)(b) substitute—

“(b)as at the day before the relevant day, the period for which A or, as the case may be, U is allowed to stay in the United Kingdom has expired and—

(i)no further leave to enter or remain has been granted and, where the period expired after the course start date, paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave, and

(ii)the person (A or U) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen,”;

(h)in paragraph (11I)(b)(i), at the end, insert “and, where the period expired after the course start date, paragraph SUI 13.1 of the immigration rules does not apply in respect of an application for such leave”.

Amendments to update references to the Ukraine Schemes

30. In regulation 2(1) (interpretation)—

(a)in the definition of “person granted leave under the Ukraine Extension Scheme”, in paragraph (a), after “immigration rules”, insert “, as it had effect on the day such leave was granted”;

(b)in the definition of “person granted leave under the Ukraine Family Scheme”, in paragraph (a)(i), after “immigration rules”, insert “, as it had effect on the day such leave was granted”;

(c)in the definition of “person granted leave under the Ukraine Permission Extension Scheme”, in paragraph (a), for “the Ukraine Permission Extension Scheme” substitute “paragraph UKR 36.1 of Appendix Ukraine Scheme of the immigration rules”.

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

31. In Chapter 4 of Part 1—

(a)in regulation 12 (amount of the postgraduate doctoral degree loan), in paragraph (1)(a), for “£30,301” substitute “£31,122”;

(b)in regulation 13 (payment of postgraduate doctoral degree loans), in paragraph (4), for “£12,858” substitute “£13,206”.

Part 4 Amendment of the Education (Student Loans) (Repayment) Regulations 2009

Amendment of the Education (Student Loans) (Repayment) Regulations 2009

32. The Education (Student Loans) (Repayment) Regulations 2009(16) are amended in accordance with this Part.

Amendments to update references to HMRC

33.—(1) In regulation 3(1) (interpretation), in the definition of “HMRC”, for “Her Majesty’s Revenue and Customs” substitute “His Majesty’s Revenue and Customs”.

(2) In regulation 40(1)(a) (penalties), for “Her Majesty’s Revenue and Customs” substitute “HMRC”.

(3) In regulation 54A(3)(b) (payments to and recoveries from HMRC for each income tax period by Real Time Information employers: returns under regulation 59F(5)), for “Her Majesty’s Revenue and Customs” substitute “HMRC”.

Amendments relating to late payment penalties

34. In regulation 36 (late payment penalties)—

(a)the existing text becomes paragraph (1);

(b)after paragraph (1), insert—

“(2) Schedule 26 to the Finance Act 2021 (penalties for failure to pay tax)(17) applies to repayments which have become payable by a borrower under this Part as it applies to an amount of income tax which falls within item 1, 2, 3, 4, 8, 9 or 10 of the table headed “Income tax or capital gains tax” in paragraph 1 (1) of that Schedule.”.

Amendments relating to penalties for deliberately withholding information

35. In regulation 40—

(a)in paragraph (2)(a), for “that Act” substitute “the 1970 Act”;

(b)after paragraph (4), insert—

“(5) Schedule 25 to the Finance Act 2021 (penalties for deliberately withholding information) applies—

(a)in relation to a return or other document which is required to be made or delivered to HMRC,

(b)which falls within item 1 of the table in paragraph 1(2) of that Schedule, and

(c)which is required to include information under regulation 30,

as it applies to income tax on that same return.

(6) The references to liability to tax in Schedule 25 to the Finance Act 2021 are construed as references to the aggregate of the amounts which, if a proper return had been delivered on the filing date, would have been payable—

(a)by the taxpayer under section 59B of the 1970 Act (payment of income tax and capital gains tax: assessments other than simple assessments), and

(b)where the taxpayer is a borrower, by way of repayment under regulation 29.”.

Regulation 14

Schedule Amendments to the Education (Student Support) Regulations 2011 relating to new payment rates for student support

In each provision of the Education (Student Support) Regulations 2011 listed in column 1 of the following table, for the figure listed in the corresponding entry in column 2(18) substitute the figure listed in the corresponding entry in column 3—