Education, England PART 1 Introductory Citation, commencement, extent and application 1 1 These Regulations may be cited as the Higher Education Short Course Loans Regulations 2022. 2 These Regulations come into force on 13th April 2022. 3 These Regulations extend to England and Wales, but apply only in relation to England . 4 These Regulations apply to the provision of fee loans to students in connection with an HE short course which begins on or after 1st September 2022 whether anything done under these Regulations is done before, on or after that date. Interpretation 2 1 In these Regulations— “ the 1998 Act ” means the Teaching and Higher Education Act 1998; “ the 2002 Act ” means the Nationality, Immigration and Asylum Act 2002 ; “ applicant ” means a person applying for an HESC loan; “ current course ” means the HE short course in respect of which an applicant applies for an HESC loan; “electronic signature” is so much of anything in electronic form as— is incorporated into or logically associated with any electronic communication or electronic data, and purports to be so incorporated or associated for the purposes of being used in establishing the authenticity of the communication or data, the integrity of the date, or both; “ eligible prisoner ” means a prisoner— who is serving a sentence of imprisonment in the United Kingdom, who has been authorised by the prison Governor or Director or other appropriate authority to study the current course, and whose earliest release date is within 6 years of the first day of the current course; “ eligible student ” has the meaning given in regulation 3 ; “ European Economic Area ” means the areas comprised by the EEA states; “ 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 for the purposes of Part 1 of the Higher Education and Research Act 2017 (see section 85(2) of that Act) ; “ HE short course ” means a course designated by the Secretary of State under regulation 4 ; “ HESC loan ” means a fee loan made pursuant to these Regulations; “ higher education course ” means a course providing education (whether or not in preparation for an examination) the standard of which— is higher than the standard of a course in preparation for examination for the General Certificate of Secondary Education, but is not higher than the standard of a first degree course; “ information ” includes documents; “ institution ” means an organisation delivering higher education courses; “ the Islands ” means Channel Islands and the Isle of Man; “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, and includes the interest accrued on the loan and any penalties or charges incurred in connection with it; “ overseas territories ” means Anguilla; ... Bermuda; British Antarctic Territory; British Indian Ocean Territory; British Virgin Islands; the Caribbean part of the Kingdom of the Netherlands (Aruba, Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten); Cayman Islands; Falkland Islands; Faroe Islands; French Polynesia; French Southern and Antarctic Territories; Gibraltar; Mayotte; Greenland; Montserrat; ... 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; “ period of eligibility ”, in relation to an eligible student, has the meaning given in regulation 5 ; “ 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. 2 In these Regulations, the following terms have the meanings given in paragraph 1(1) of Schedule 1— aa . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a “person granted Calais leave”; b “person granted humanitarian protection”; c “person granted indefinite leave to remain as a bereaved partner”; d “person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse”; e “person granted leave under one of the Afghan Schemes”; ea “person granted leave under one of the Ukraine Schemes” f “person granted section 67 leave”; g “person granted stateless leave”; h “person with protected rights”; i “refugee”; j “residence scheme immigration rules”; k “Turkish worker”. 3 For the purposes of these Regulations, a reference to the United Kingdom and Islands is a reference to the United Kingdom and the Islands taken together. 4 For the purposes of these Regulations, a person is not to be treated as ordinarily resident in a place unless that person lawfully resides in that place (but see regulation 7(3) and (4)) . 5 For the purposes of these Regulations, 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 purposes of undertaking— a the current course, or b a course which, disregarding any intervening vacation, the person undertook immediately before the current course, is to be considered to be ordinarily resident in the place from which that person moved. 6 For the purposes of these Regulations, 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. 7 For the purposes of paragraph (6) , 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; 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. 8 For the purposes of these Regulations, 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 those areas, is to be considered to have always been a part of the European Economic Area. 9 For the purposes of these Regulations, an eligible prisoner is to be considered ordinarily resident in the part of the United Kingdom where the prisoner resided prior to sentencing. PART 2 Eligibility Eligible students 3 1 An eligible student qualifies for an HESC loan in connection with their undertaking an HE short course in accordance with this regulation. 2 A person (“ P ”) is an eligible student in connection with an HE short course if— a in assessing P’s application for an HESC loan, the Secretary of State determines that either— i P falls within one of the categories set out in Part 2 of Schedule 1, and has ratified any agreement for a loan (other than an excluded agreement) made with P when P was under the age of 18, or ii P is a returning student, b P is not in breach of any obligation to repay any loan, and c P has not, in the opinion of the Secretary of State, shown by P’s conduct that P is unfitted to receive support. 3 For the purposes of paragraph (2)(a)(i)— “ borrower ” means an eligible student to whom a fee loan has been made; “ excluded agreement ” means an agreement for a loan which is subject to the law of Scotland and was made— on or after 25th September 1991, or before that date, without the concurrence of the borrower’s curator or at a time when the borrower had no curator; “ loan ” means a loan under any provision of— the Education (Scotland) Act 1980 ; the Education (Student Loans) Act 1990 ; regulations made under either of those Acts or the 1998 Act; the Education (Student Loans) (Northern Ireland) Order 1990 ; the Education (Student Support) (Northern Ireland) Order 1998 ; regulations made under either of those Orders. 4 For the purposes of paragraph (2)(a)(ii), P is a returning student if— a P took out an HESC loan in connection with a course which began before the current course (referred to in this regulation as a “ previous course ”), b P begins the current course within the period of 12 months beginning with the first day of the previous course, and c there has been no relevant change in P’s circumstances since P was determined to be an eligible student in connection with the previous course. 5 For the purposes of paragraph (4)(c) , there is a relevant change in P’s circumstances if— a where the Secretary of State determined that P was an eligible student in connection with the reference course by virtue of P being ordinarily resident in England, or the United Kingdom, P has ceased to be ordinarily resident in England or, as the case may be, the United Kingdom; b where the Secretary of State determined that P was an eligible student in connection with the reference course by virtue of P undertaking the course in England, P has ceased to undertake the course in England; c where the Secretary of State determined that P was an eligible student in connection with the reference course by virtue of P being a refugee, or the spouse, civil partner, child or step-child of a refugee (“ R ”)— i the refugee status of P or, as the case may be, R has expired, ... ii no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the 2002 Act ) , and iii the person (P or R) whose refugee status has expired has not become a British or Irish citizen; d where the Secretary of State determined that P was an eligible student in connection with the reference course by virtue of P being a person with humanitarian protection, or the spouse, civil partner, child or step-child of a person with humanitarian protection (“ H ”)— i the period for which P or, as the case may be, H is allowed to stay in the United Kingdom has expired, ... ii no further leave to remain is granted and no appeal is pending (within the meaning of section 104 of the 2002 Act) , and iii the person (P or H) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen; e where the Secretary of State determined that P was an eligible student in connection with the reference course by virtue of P being a person granted Calais leave, a person granted section 67 leave or a person granted stateless leave, or the spouse, civil partner, child or step-child of any such person (“ S ”)— i the period for which P or, as the case may be, S is allowed to stay in the United Kingdom, or the United Kingdom and Islands, has expired, ... ii no further leave to remain has been granted , and iii the person (P 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; f where the Secretary of State determined that P was an eligible student in connection with the reference course by virtue of P 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— i P no longer has extant limited leave to enter or remain granted by virtue of those rules, ... ii no further leave to enter or remain has been granted under those rules , and iii P has not become a British or Irish citizen; g where the Secretary of State determined that P was an eligible student in connection with the reference course by virtue of P being a person falling within paragraph (a)(iii) or (iv) of the definition of “person with protected rights” or meeting the conditions in paragraph 5(1)(a)(iii) of Part 2 of Schedule 1, P has ceased to be a person with protected rights and has not become a British or Irish citizen ; h where the Secretary of State determined that P was an eligible student in connection with the reference course by virtue of being— i a person granted leave under one of the Afghan Schemes, or ii the spouse, civil partner, child or step-child of a person (“ A ”) granted leave under one of the Afghan Schemes, the period for which P, or, as the case may be, A, is allowed to stay in the United Kingdom has expired and the person (P or A) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen ; i where the Secretary of State determined that P was an eligible student in connection with the reference course by virtue of being— i a person granted leave under one of the Ukraine Schemes, or ii the spouse, civil partner, child or step-child of a person (“ U ”) granted leave under one of the Ukraine Schemes, the period for which P, or, as the case may be, U, is allowed to stay in the United Kingdom has expired and the person (P 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 . j where the Secretary of State determined that P was an eligible student in connection with the reference course by virtue of paragraph 25 of Schedule 1 (long residence), the period for which P is allowed to stay in the United Kingdom has expired and P has not become a British or Irish citizen. 6 For the purposes of paragraph (5), the reference course is— a the previous course in connection with P’s application for an HESC loan for the current course, or b where P was determined to be a returning student in connection with the previous course mentioned in sub-paragraph (a) (“course A”)— i the HE short course which was the previous course in connection with P’s application for an HESC loan for course A, or ii where P was determined to be a returning student in connection with the previous course mentioned in paragraph (i) (“course B”), the HE short course which was the previous course in connection with P’s application for an HESC loan for course B. 7 If P is an eligible prisoner, P may qualify for an HESC loan under this regulation in respect of an HE short course which is taking place at the time when they enter prison, are in prison or are released from prison. Designated courses 4 1 A higher education course may be designated by the Secretary of State for the purposes of section 22(1) of the 1998 Act where the course— a begins— i on or after 1st September 2022, and ii on or before 31st July 2025, b ends before 1st September 2025, c is of no more than 12 months duration, d has a size, in credits, of 30 or 40, e is being provided by an institution which is situated in England, and f is substantially provided in England. 2 The Secretary of State must publish, in such manner as the Secretary of State considers appropriate, a list of courses designated under paragraph (1). 3 The Secretary of State may revoke or suspend the designation of a course which is designated under paragraph (1). 4 If the Secretary of State revokes or suspends the designation of a course under paragraph (3), the Secretary of State must update the list of courses accordingly. Period of eligibility 5 1 A student’s status as an eligible student is retained in connection with an HE short course until the status terminates in accordance with this regulation or regulation 6 . 2 The period for which an eligible student retains that status is the “period of eligibility”. 3 Subject to paragraphs (4) to (6), the period of eligibility terminates at the end of the ordinary duration of the HE short course. 4 The Secretary of State may terminate an eligible student’s period of eligibility where the student has shown by their conduct that they are unfitted to receive an HESC loan. 5 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 HESC loan or a particular amount of HESC loan; c treat any HESC loan paid to the student as an overpayment which may be recovered under regulation 18 . 6 Where the period of eligibility terminates before the end of the ordinary duration of the HE short course, the Secretary of State may, at any time, renew the period of eligibility for such period as the Secretary of State determines. 7 For the purposes of this regulation, the ordinary duration of an HE short course is the period which a standard student would take to complete the course. 8 For the purposes of paragraph (7) “ standard student ” means a student who is taken— a to have begun the HE short course on the same date as the eligible student in question, b not to be excused any part of the course, c not to repeat any part of the course, and d not to be absent from the course other than during vacations (if any). Students who cease to be eligible students before the start of an HE short course 6 1 A person’s status as an eligible student in connection with an HE short course terminates immediately before the first day of that course if any of paragraphs (2) to (9) apply in relation that person. 2 This paragraph applies in relation to a person (“ P ”) if— a 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, P is an eligible student in connection with an application for an HESC loan for the relevant course, and b as at the day before the current course begins, the refugee status of P, or of P’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 (P or P’s spouse, civil partner, parent or step-parent) whose refugee status has expired has not become a British or Irish citizen. 3 This paragraph applies in relation to a person (“ P ”) if— 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, P is an eligible student in connection with an application for an HESC loan for the relevant course, and b as at the day before the current 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 the person (P or P’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 . 4 This paragraph applies in relation to a person (“ P ”) if— a the Secretary of State has determined that, by virtue of being a person granted section 67 leave, P is an eligible student in connection with an application for an HESC loan for the relevant course, and b as at the day before the current course begins, the period for which P is allowed to stay in the United Kingdom and Islands has expired and no further leave to remain has been granted and P has not become a British or Irish citizen . 5 This paragraph applies in relation to a person (“ P ”) if— a the Secretary of State has determined that, by virtue of being a person granted Calais leave, P is an eligible student in connection with an application for an HESC loan for the relevant course, and b as at the day before the current course begins, the period for which P is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and P has not become a British or Irish citizen . 6 This paragraph applies in relation to a person (“ P ”) if— a 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 a person granted humanitarian protection, P is an eligible student in connection with an application for an HESC loan for the relevant course, and b as at the day before the current 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 (P or P’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. 7 This paragraph applies in relation to a person (“ P ”) if— 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, P is an eligible student in connection with an application for an HESC loan for the relevant course, and b as at the day before the current course begins, P 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 P has not become a British or Irish citizen . 8 This paragraph applies in relation to a person (“ P ”) if— a the Secretary of State has determined that, by virtue of falling within paragraph (a)(iii) or (iv) of the definition of “person with protected rights” or meeting the conditions in paragraph 5(1)(a)(iii) in Part 2 of Schedule 1, P is an eligible student in connection with an application for an HESC loan for the relevant course, and b as at the day before the current course begins, P is not a person with protected rights and P has not become a British or Irish citizen . 9 This paragraph applies in relation to a person (“ P ”) if— a the Secretary of State has determined that, by virtue of being a person granted leave under one of the Afghan Schemes or the spouse, civil partner, child or step-child of a person granted leave under one of the Afghan Schemes , P is an eligible student in connection with an application for an HESC loan for the relevant course, and b as at the day before the current course begins, the period 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. 9A This paragraph applies in relation to a person (“ P ”) if— a the Secretary of State has determined that, by virtue of being a person granted leave under one of the Ukraine Schemes or the spouse, civil partner, child or step-child of a person granted leave under one of the Ukraine Schemes , P is an eligible student in connection with an application for an HESC loan for the relevant course, and b as at the day before the current course begins, the period the person granted leave under one of the Ukraine schemes is allowed to stay in the United Kingdom has expired and that person has not become a British or Irish citizen. 9B This paragraph applies in relation to a person (“ P ”) if— a the Secretary of State has determined that, by virtue of being a person granted leave under paragraph 25 of Schedule 1 (long residence), P is an eligible student in connection with an application for an HESC loan for the relevant course, and b as at the day before the current course begins, the period P is allowed to stay in the United Kingdom has expired and— i no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and ii P has not become a British or Irish citizen. 10 In this regulation “ the relevant course ”, in relation to P, means— a the current course, or b where P is determined to be a returning student in connection with P’s application for an HESC loan for the current course, the course which is the reference course for the purposes of regulation 3(5). Students who become eligible students after the start of an HE short course 7 1 Where one of the events specified in paragraph (2) occurs after the first day of an HE short course which results in a student becoming an eligible student, the student may qualify for an HESC loan in accordance with this Part in respect of that course. 2 The events mentioned in paragraph (1) are— a the student, or the student’s spouse, civil partner, parent or step-parent, is recognised as a refugee; b the student, or the student’s spouse, civil partner, parent or step-parent, becomes a person granted stateless leave or a person granted humanitarian protection; c the student becomes a person granted section 67 leave; d the student becomes a person granted Calais leave; e the student or the student’s parent becomes a person granted indefinite leave to enter or remain as a victim or domestic violence or domestic abuse; f the student or the student’s parent becomes a person granted indefinite leave to remain as a bereaved partner; g the student , or the student’s spouse, civil partner, parent or step-parent, becomes a person granted leave under one of the Afghan Schemes; ga the student becomes a person described in paragraph 3 of Part 2 of Schedule 1; gb the student becomes a person described in paragraph 4 of Part 2 of Schedule 1; h the student becomes a person described in paragraph 5(1)(a) of Part 2 of Schedule 1; i the student becomes a person described in paragraph 13(1)(a) of Part 2 of Schedule 1; ia the student becomes a person described in paragraph 19 of Part 2 of Schedule 1; j the student becomes a person described in paragraph 23(a) of Part 2 of Schedule 1; k the student becomes a family member described in paragraph 16(1)(a) , 17(1)(a) , 20(1)(a) or 21(1)(a) of Part 2 of Schedule 1. l the student , or the student’s spouse, civil partner, parent or step-parent, becomes a person granted leave under one of the Ukraine Schemes. 3 Where an event specified in paragraph (2)(a), (b), (c), (d), (e), (f), (g) or (l) occurs in relation to a student, paragraph (4) applies for the purposes of determining whether that event results in the student becoming an eligible student. 4 The student is, for the purposes of determining whether the student satisfies any requirement in Schedule 1 to be ordinarily resident in England on the first day of the HE short course, to be treated as if the student was, on the course start date, lawfully residing in the place where the student was residing on that date. PART 3 Applications for HESC loans and related matters Applications for an HESC loan 8 1 An applicant must apply for an HESC loan in connection with an HE short 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 enquiries, as the Secretary of State considers necessary to determine— a whether the applicant is an eligible student; b whether the applicant qualifies for an HESC loan; c the amount of HESC loan payable, if any. 3 The Secretary of State must notify the applicant of whether the applicant qualifies for an HESC loan, and if so, the amount of HESC loan payable in respect of the HE short course. Time limits 9 1 An application for an HESC loan must reach the Secretary of State— a within the period of eligibility, and b before the applicant completes the HE short course for which support is required. 2 But paragraph (1) does not apply where 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. Information 10 Schedule 2 contains provision about information. Requirement to enter contract for HESC loan 11 1 To receive an HESC 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 4 HESC loan entitlement Standard entitlement 12 1 When assessing an application for an HESC loan in respect of an HE short course, the Secretary of State must determine the standard entitlement. 2 The standard entitlement of an eligible student for all HE short courses is a maximum of four HESC loans. 3 A student undertaking more than one HE short course at any time may qualify for a loan for each course. Amount of loan 13 1 The amount of an HESC loan in respect of an HE short course must not exceed the lesser of— a the maximum loan amount available in connection with that HE short course, and b the amount which the institution is charging the eligible student for the HE short course. 2 For the purposes of this regulation, the maximum loan amount available in connection with an HE short course is— a in the case of a course with a size, in credits, of 30, £2,310; b in the case of a course with a size, in credits, of 40, £3,080. PART 5 Payment of HESC loans Provision of United Kingdom national insurance number 14 1 The Secretary of State may make it a condition of entitlement to payment of an HESC 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 HESC loan to the eligible student before the Secretary of State is satisfied that the student has complied with that condition. 3 Despite paragraph (2), the Secretary of State may pay an HESC 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 15 1 The Secretary of State may, at any time, request from an applicant or an eligible student information that the Secretary of State considers is required to recover an HESC loan. 2 The Secretary of State may, at any time, request from an applicant or an 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 payment of an HESC loan until the person provides— a what has been requested, or b a satisfactory explanation for not complying with that request. Payment of HESC loans 16 1 The Secretary of State must pay the HESC loan for which an eligible student qualifies to the institution to which the student is liable to make payment. 2 The Secretary of State must not pay the HESC 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) that the student is enrolled for the HE short course in connection with which the student is applying for support and is undertaking that course. 3 The Secretary of State may refuse to pay an HESC loan to a student in connection with an HE short course if that student is in receipt of public funds for part or all of the fees for that course. 4 For the purposes of paragraph (4) “ public funds ” means moneys provided by Parliament or by a government authority outside the United Kingdom. Method of repayment 17 1 The Secretary of State may at any time require an applicant or an eligible student to enter into an agreement to repay an HESC loan by a particular method. 2 Where the Secretary of State has required an agreement as to the method of repayment under paragraph (1), the Secretary of State may withhold any payment of the HESC loan until the person provides what has been required. Overpayments of HESC loans 18 1 Any overpayment of an HESC loan is recoverable by the Secretary of State from— a the institution, or b the student in respect of whom the payment of HESC loan is made. 2 An institution must, if so required by the Secretary of State, repay any amount of an HESC loan paid in respect of a student which for whatever reason exceeds the amount of an HESC loan to which the student is entitled. 3 A student must, if so required by the Secretary of State, repay any amount of an HESC loan paid in respect of the student which for whatever reason exceeds the amount of an HESC loan to which the student is entitled. 4 An overpayment of HESC 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 kind of grant or loan payable to the student from time to time pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act; b by requiring the student to repay the HESC loan in accordance with regulations made under section 22 of the 1998 Act; c by taking such other action for recovery of an overpayment as is available to the Secretary of State. PART 6 Expiry and savings provisions Expiry and savings provisions 19 1 These Regulations expire on 1st September 2025. 2 Despite paragraph (1), these Regulations continue to have effect, on and after 1st September 2025 (“ the expiry date ”), for the purposes of, and in connection with— a any application for an HESC loan made before the expiry date but not determined immediately before that date (a “relevant application”); b the payment of an HESC loan where the eligible student to whom it is payable is determined to qualify for the loan— i before the expiry date, or ii where the student makes a relevant application, on or after that date; c the recovery of any HESC loan, regardless of whether the loan is paid before, on or after the expiry date; d the recovery of any overpayment of an HESC loan, regardless of whether the overpayment is made before, on or after the expiry date. Michelle Donelan Minister of State Department for Education