Exiting The European Union Citation and Commencement 1 1 These Regulations may be cited as The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020. 2 This regulation and regulation 2 come into force immediately before IP completion day. 3 The remainder of these regulations come into force on IP completion day. Revocation of the Education (Student Fees and Support) (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 2 Regulations 2 to 13 of the Education (Student Fees and Support) (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 are revoked. Amendment of the Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 3 The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 are amended as follows. Amendment of regulation 2 4 In regulation 2 (1) (interpretation), omit the definition of “right of permanent residence”. Amendment of regulation 18 5 In regulation 18 (events)— a in paragraph (d), after “EC national”, insert “or of a person who is eligible under paragraph 9 of Part 2 of Schedule 2 by virtue of paragraph 9(4) of Part 2 of that Schedule other than as a family member”; b for paragraph (e), substitute— e the student becomes a person described in paragraph 3 (a) of Schedule 2 . Amendment of regulation 43 6 In regulation 43(1)(ge) (interpretation of chapter 4)— a in paragraph (ii), for “another Member State”, substitute “a Member State”; b for paragraph (iii), substitute— iii where the legislation of— aa the United Kingdom and one or more Member States; or bb more than one Member State applies to the period, A’s total income from all sources as determined for the purposes of the income tax legislation under which the Department considers that A’s total income in that period is greatest, . Amendment of regulation 74 7 In regulation 74(2)(d) (students becoming eligible during the course of an academic year), substitute— d the student becomes a person described in paragraph 3 (a) of Schedule 2; . Amendment of regulation 83 8 In regulation 83(2) (students becoming eligible during the course of an academic year) a in paragraph (c) , after the first “EC national”, insert “or of a person who is eligible under paragraph 9 of Part 2 of Schedule 2 by virtue of paragraph 9(4) of Part 2 of that Schedule other than as a family member”; b for sub-paragraph (d) substitute— d the student becomes a person described in paragraph 3 (a) of Schedule 2; . Amendment of regulation 106 9 In regulation 106 (4) (students becoming eligible during the course of the academic year) a in paragraph (d) , after “EU national”, insert “or of a person who is eligible under paragraph 9 of Part 2 of Schedule 2 by virtue of paragraph 9(4) of Part 2 of that Schedule other than as a family member”; b for sub-paragraph (f), substitute— d the student becomes a person described in paragraph 3 (a) of Schedule 2; . Amendment of regulation 123 10 In regulation 123(3) (students becoming eligible during the course of the academic year), a in paragraph (d) , after “EU national”, insert “or of a person who is eligible under paragraph 9 of Part 2 of Schedule 2 by virtue of paragraph 9(4) of Part 2 of that Schedule other than as a family member” b for sub-paragraph (f), substitute— d the student becomes a person described in paragraph 3 (a) of Schedule 2; . Amendment of regulation 151 11 In regulation 151 (Events) a in paragraph (d) , after “EC national”, insert “or of a person who is eligible under paragraph 9 of Part 2 of Schedule 2 by virtue of paragraph 9(4) of Part 2 of that Schedule other than as a family member” b for sub-paragraph (e), substitute— d the student becomes a person described in paragraph 3(a) of Schedule 2; . Amendment of Schedule 2 12 Schedule 2 (eligible students) is amended as follows. a In Part 1 (interpretation), paragraph 1 — i in sub-paragraph (1)— aa omit “other than the United Kingdom” each time it occurs; bb at the appropriate place, insert the following definitions— “EEA EFTA separation agreement” has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020; “residence scheme immigration rules” has the meaning given by section 17(1) of the European Union (Withdrawal Agreement) Act 2020; “right of permanent residence”, unless otherwise indicated, means, in relation to a person (“A”), a right to reside in the United Kingdom permanently without restriction which arises under residence scheme immigration rules, but only where, had the facts pertaining to the determination of A’s right to reside fallen to be considered immediately before IP completion day, A would have acquired such right under Directive 2004/38 as it had effect immediately before IP completion day; “Swiss citizens’ rights agreement” has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020; . cc in the definition of “Swiss frontier self-employed person”, omit “, other than the United Kingdom,”; ii in sub-paragraphs (4) and (5), after “the territory comprising”, insert “the United Kingdom, Gibraltar,” each time it occurs; iii in sub-paragraph (6), after “an area”, insert “other than the United Kingdom or Gibraltar”. b In Part 2 (categories)— i in paragraph 3 (persons who are settled in the United Kingdom)— aa for sub-paragraph (a), substitute— a meets one of the following conditions— i the person is settled in the United Kingdom by virtue of having acquired the right of permanent residence; or ii the person falls within Article 18(2) or (3) of the EU withdrawal agreement, Article 17(2) or (3) of the EEA EFTA separation agreement, or Article 16(2) or (3) of the Swiss citizens’ rights agreement, but only where that person would have acquired the right to reside permanently in the United Kingdom without restriction under Directive 2004/38 as it had effect immediately before IP completion day had the facts pertaining to that person’s right to reside fallen to be considered immediately before IP completion day; ; bb in sub-paragraph (d), after “the territory comprising”, insert “the United Kingdom, Gibraltar,”; ii in paragraph 6(1)(c) (workers, employed persons, self-employed persons and their family members), after “the territory comprising”, insert “the United Kingdom, Gibraltar,”; iii in paragraph 7 (workers, employed persons, self-employed persons and their family members)— aa sub-paragraphs (a), (b) and (c) are renumbered as sub-paragraph (1)(a), (b) and (c); bb in sub-paragraph (1)(b) as so renumbered, after “the territory comprising”, insert “the United Kingdom, Gibraltar,”; cc after sub-paragraph (1)(c) as so renumbered, insert— 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. ; iv in paragraph 8 (persons who are settled in the United Kingdom and have exercised a right of residence elsewhere)— aa in sub-paragraph (1)(b), after “right of residence”, insert “before IP completion day”; bb in sub-paragraph (1)(d) and (e), after “the territory comprising”, insert “the United Kingdom, Gibraltar,”; cc in sub-paragraph (2)— i for “has a right”, substitute “had the right” each time it occurs; ii for “goes”, substitute “has gone”; dd after sub-paragraph (2), insert— 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. ; v in paragraph 9 (EC nationals)— aa in sub-paragraphs (1)(c) and (d) and (2), after “the territory comprising”, insert “the United Kingdom, Gibraltar,”; bb after sub-paragraph (3), insert— 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. ; vi in paragraph 10 (EC nationals)— aa in sub-paragraphs (1)(a) and (2) , omit “other than a United Kingdom national”; bb in sub-paragraph (1)(d), after “the territory comprising”, insert “the United Kingdom, Gibraltar,”; vii in paragraph 11 (children of Swiss nationals)— aa sub-paragraphs (a), (b), (c) and (d) are renumbered as sub-paragraph (1)(a), (b), (c) and (d); bb in sub-paragraph (1)(c) and (d) as so renumbered, after “the territory comprising”, insert “the United Kingdom, Gibraltar,”; cc after sub-paragraph (1)(d) as so renumbered, insert— 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. ; viii in paragraph 12(c) (children of Turkish workers), after “the territory comprising”, insert “the United Kingdom, Gibraltar,”. Amendment of Schedule 5 13 Schedule 5 (financial assessment) is amended as follows. a In paragraph 1(1)(n) (definitions)— i in sub-paragraph (ii), for “another Member State”, substitute “a Member State”; ii for sub-paragraph (iii), substitute— iii where the legislation of— aa the United Kingdom and one or more Member States; or bb more than one Member State applies to the period, A’s total income from all sources as determined for the purposes of the income tax legislation under which the Department considers that A’s total income in that period is greatest (except as otherwise provided in paragraph 5), ; b In paragraph 2(1)(g) (independent eligible student), after “residing outside”, insert “the United Kingdom, Gibraltar and”. c In the following paragraphs, for “another Member State”, substitute “a Member State”— i paragraph 4(1)(b) (calculation of eligible student’s residual income); ii paragraph 5 (calculation of parent’s residual income)— aa sub-paragraph (2)(a); bb sub-paragraph (6) each time it occurs; cc sub-paragraph (7); iii paragraph 7 (calculation of parent’s partner’s residual income)— aa sub-paragraph (1)(a); bb sub-paragraph (7) each time it occurs; cc sub-paragraph (8). Amendment of the Student Fees (Qualifying Courses and Persons) Regulations (Northern Ireland) 2007 14 The Student Fees (Qualifying Courses and Persons) Regulations (Northern Ireland) 2007 are amended as follows. a In the Schedule — i in paragraph 1 (interpretation: general) at the appropriate place, insert the following definitions— “EEA EFTA separation agreement” has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020; “residence scheme immigration rules” has the meaning given by section 17(1) of the European Union (Withdrawal Agreement) Act 2020; “Swiss citizens’ rights agreement” has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020; ; aa omit “other than the United Kingdom” each time it occurs; bb in the definition of “overseas territories”, after “French Southern and Antarctic Territories;”, insert “Gibraltar;”; cc for the definition of “right of permanent residence”, substitute— “right of permanent residence”, unless otherwise indicated, means, in relation to a person (“A”), a right to reside in the United Kingdom permanently without restriction which arises under residence scheme immigration rules, but only where, had the facts pertaining to the determination of A’s right to reside fallen to be considered immediately before IP completion day, A would have acquired such right under Directive 2004/38 as it had effect immediately before IP completion day; ; ii in sub-paragraph (5), after “an area”, insert “other than the United Kingdom or Gibraltar”; iii in sub -paragraph (3) (interpretation: ordinarily resident)— aa for “the territory comprising the European Economic Area and Switzerland”, substitute “the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland”; bb for “the territory comprising the European Economic Area, Switzerland and the overseas territories”, substitute “the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories”; cc for “the territory comprising the European Economic Area, Switzerland, Turkey and the overseas territories”, substitute “the territory comprising the United Kingdom, the European Economic Area, Switzerland, Turkey and the overseas territories”; iv in sub-paragraph (4), after “the territory comprising”, insert “the United Kingdom, Gibraltar,” each time it occurs. b in paragraph 3 (persons who are settled in the United Kingdom) for sub-paragraph (a), substitute— a meets one of the following conditions— i the person is settled in the United Kingdom by reason of having acquired the right of permanent residence on the first day of an academic year of the course; or ii the person falls within Article 18(2) or (3) of the EU withdrawal agreement, Article 17(2) or (3) of the EEA EFTA separation agreement, or Article 16(2) or (3) of the Swiss citizens’ rights agreement, but only where that person would have acquired the right to reside permanently in the United Kingdom without restriction under Directive 2004/38 as it had effect immediately before IP completion day had the facts pertaining to that person’s right to reside fallen to be considered immediately before IP completion day; ; i in sub-paragraph (d), after “the territory comprising”, insert “the United Kingdom,”; c in paragraph 6(1)(c) (workers, employed persons, self-employed persons and their family members), after “the territory comprising”, insert “the United Kingdom,”; d in paragraph 7 (workers, employed persons, self-employed persons and their family members)— i sub-paragraphs (a), (b) and (c) are renumbered as sub-paragraph (1)(a), (b) and (c); ii in sub-paragraph (1)(b) as so renumbered, after “the territory comprising”, insert “the United Kingdom,”; iii after sub-paragraph (1)(c) as so renumbered, insert— 2 Any description of person who would have fallen within this paragraph immediately before IP completion day is to be treated as falling within this paragraph on and after IP completion day. ; e in paragraph 8 (persons who are settled in the United Kingdom and have exercised a right of residence elsewhere)— i in sub-paragraph (1) — aa in paragraph (b), after “right of residence”, insert “before IP completion day”; bb in paragraph (d), after “the territory comprising”, insert “the United Kingdom,”; cc in paragraph (e), after “the territory comprising”, insert “the United Kingdom, Gibraltar,”; ii in sub-paragraph (2)— aa for “has a right”, substitute “had a right” each time it occurs; bb for “goes”, substitute “has gone”; iii after sub-paragraph (2), insert— 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. ; f in paragraph 9 (EC nationals)— i in sub-paragraph (1)(a)(i), omit “other than a United Kingdom national”; ii in sub-paragraph (1)(c), after “the territory comprising”, insert “the United Kingdom,”; iii for sub-paragraph (1A), substitute— 1A Paragraph (c) of sub-paragraph (1) does not apply to a family member of a person who— a is— i a United Kingdom national who has exercised a right to reside in the territory of a Member State under Article 7(1) of Directive 2004/38; or ii an EU national; and 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 first academic year of the course. ; iv after sub-paragraph (2), insert— 3 Any description of person who would have fallen within this paragraph immediately before IP completion day is to be treated as falling within this paragraph on and after IP completion day. ; g in paragraph 9A (EC nationals)— i in sub-paragraph (1)(a), omit “other than a United Kingdom national”; ii in sub-paragraph (1)(d), after “the territory comprising”, insert “the United Kingdom,”; h in paragraph 10 (children of Swiss nationals)— i sub-paragraphs (a), (b), (c) and (d) are renumbered as sub-paragraph (1)(a), (b), (c) and (d); ii in sub-paragraph (1)(c) as so renumbered, after “the territory comprising”, insert “the United Kingdom,”; iii in sub-paragraph (1)(d) as so renumbered, after “the territory comprising”, insert “the United Kingdom, Gibraltar,”; iv after sub-paragraph (1)(d) as so renumbered, insert— 2 Any description of person who would have fallen within this paragraph immediately before IP completion day is to be treated as falling within this paragraph on and after IP completion day. ; i in paragraph 11(c) (children of Turkish workers), after “the territory comprising”, insert “the United Kingdom,”. Sealed with the Official Seal of the Department for the Economy on 1 December 2020. Ms Heather Cousins A senior officer of the Department for the Economy