Education, England PART 1 Introductory Citation, commencement, extent and application 1 1 These Regulations may be cited as the Education (Student Fees, Awards and Support) (Amendment) Regulations 2022 and come into force on 15th February 2022. 2 These Regulations extend to England and Wales. 3 The amendments made by regulations 3 to 12, 16, 18, 20, 23, 26 and 28 apply in relation to the provision of support to a student in relation to a course which begins on or after 1st August 2022, whether or not anything done under these Regulations is done before, on, or after that date. PART 2 Amendment of the Education (Student Support) Regulations 2011 CHAPTER 1 Introductory Amendment of the Education (Student Support) Regulations 2011 2 The Education (Student Support) Regulations 2011 are amended as follows. CHAPTER 2 Relocated Afghan citizens Eligibility of relocated Afghan citizens 3 In regulation 2(1)— a after the definition of “person granted indefinite leave to remain as a victim of domestic violence or domestic abuse” , insert— “ person granted leave under one of the Afghan Schemes ” means a person granted leave under the Afghan Citizens Resettlement Scheme or a person granted leave under the Afghan Relocations and Assistance Policy Scheme; “ person granted leave under the Afghan Citizens Resettlement Scheme ” means a person— who has— indefinite leave to enter or remain in the United Kingdom, outside the immigration rules as defined in section 33(1) of the Immigration Act 1971 , on the basis of the Afghan Citizens Resettlement Scheme; or indefinite leave to enter or remain in the United Kingdom, outside those rules, as the spouse, civil partner or dependent child of such a person, or dependent child of the spouse or civil partner; and who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave; . b in the definition of “person granted leave under the Afghan Relocations and Assistance Scheme” — i in the opening words and in paragraph (a)(ii) and (iii), after “Assistance” insert “Policy” ; ii in paragraph (a)(i) for “276BB1(iv)” substitute “276BB1(iii)(a)” ; iii in paragraph (a)(iv) for “276BJ1 or 276BO1” substitute “276BJ2 or 276BO2” . 4 In regulation 4(13C) , in the opening words of sub-paragraph (a) and in sub-paragraph (b), for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes” . 5 In regulation 17(n) for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes” . 6 In regulation 85(2)(m) for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes” . 7 In regulation 137(11C) , in the opening words of sub-paragraph (a) and in sub-paragraph (b), for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes” . 8 In regulation 138(4)(o) for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes” . 9 In regulation 138A(2)(m) for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes” . 10 In regulation 159(16C) , in the opening words of sub-paragraph (a) and in sub-paragraph (b), for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes” . 11 In regulation 160(2)(m) for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes” . 12 In Schedule 1, in paragraph 14 and in the heading to that paragraph, for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes” . CHAPTER 3 Overpayments Recovery of fee loans 13 In regulation 117 , after paragraph (1A), insert— 1B An academic authority must, if so required by the Secretary of State, repay any amount of a fee loan paid to the academic authority in respect of a student which for whatever reason exceeds the amount of a fee loan to which the student is entitled. . 14 In regulation 157 , after paragraph (1A), insert— 1B An academic authority must, if so required by the Secretary of State, repay any amount of a fee loan paid to the academic authority in respect of a student which for whatever reason exceeds the amount of a fee loan to which the student is entitled. . PART 3 Corresponding amendments to other Regulations CHAPTER 1 Amendment of the Education (Fees and Awards) (England) Regulations 2007 SECTION 1 Introductory Amendment of the Education (Fees and Awards) (England) Regulations 2007 15 The Education (Fees and Awards) (England) Regulations 2007 are amended as follows. SECTION 2 Relocated Afghan citizens Relocated Afghan citizens: fees and awards 16 In Schedule 1 — a in paragraph 1(1)— i after the definition of “person granted humanitarian protection” , insert— “ person granted leave under one of the Afghan Schemes ” means a person granted leave under the Afghan Citizens Resettlement Scheme or a person granted leave under the Afghan Relocations and Assistance Policy Scheme; “ person granted leave under the Afghan Citizens Resettlement Scheme ” means a person— who has— indefinite leave to enter or remain in the United Kingdom, outside the immigration rules as defined in section 33(1) of the Immigration Act 1971, on the basis of the Afghan Citizens Resettlement Scheme; or indefinite leave to enter or remain in the United Kingdom, outside those rules, as the spouse, civil partner or dependent child of such a person, or dependent child of the spouse or civil partner; and who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave; . ii in the definition of “person granted leave under the Afghan Relocations and Assistance Scheme”— aa in the opening words and in paragraph (a)(ii) and (iii) after “Assistance” insert “Policy” ; bb in paragraph (a)(i) for “276BB1(iv)” substitute “276BB1(iii)(a)” ; cc in paragraph (a)(iv) for “276BJ1 or 276BO1” substitute “276BJ2 or 276BO2” ; b in paragraph 5A and the heading to that paragraph, for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes” . CHAPTER 2 Amendment of the Education (Student Support) (European University Institute) Regulations 2010 SECTION 1 Introductory Amendment of the Education (Student Support) (European University Institute) Regulations 2010 17 The Education (Student Support) (European University Institute) Regulations 2010 are amended as follows. SECTION 2 Relocated Afghan citizens Eligibility of relocated Afghan citizens 18 1 In regulation 9(11C) , in the opening words of sub-paragraph (a), and in sub-paragraph (b), for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes, as that expression is defined in paragraph 1(1) of Schedule 1” . 2 In Schedule 1— a in paragraph 1(1)— i after the definition of “Member State”, insert— “ person granted leave under one of the Afghan Schemes ” means a person granted leave under the Afghan Citizens Resettlement Scheme or a person granted leave under the Afghan Relocations and Assistance Policy Scheme; “ person granted leave under the Afghan Citizens Resettlement Scheme ” means a person— who has— indefinite leave to enter or remain in the United Kingdom, outside the immigration rules as defined in section 33(1) of the Immigration Act 1971, on the basis of the Afghan Citizens Resettlement Scheme; or indefinite leave to enter or remain in the United Kingdom, outside those rules, as the spouse, civil partner or dependent child of such a person, or dependent child of the spouse or civil partner; and who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave; . ii in the definition of “person granted leave under the Afghan Relocations and Assistance Scheme”— aa in the opening words and in paragraph (a)(ii) and (iii) after “Assistance” insert “Policy” ; bb in paragraph (a)(i) for “276BB1(iv)” substitute “276BB1(iii)(a)” ; cc in paragraph (a)(iv) for “276BJ1 or 276BO1” substitute “276BJ2 or 276BO2” ; b in paragraph 5A and the heading to that paragraph, for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes” . CHAPTER 3 Amendment of the Further Education Loans Regulations 2012 SECTION 1 Introductory Amendment of the Further Education Loans Regulations 2012 19 The Further Education Loans Regulations 2012 are amended as follows. SECTION 2 Relocated Afghan citizens Eligibility of relocated Afghan citizens: further education loans 20 1 In regulation 2(1) — a after the definition of “person granted indefinite leave to remain as a victim of domestic violence or domestic abuse” , insert— “ person granted leave under one of the Afghan Schemes ” means a person granted leave under the Afghan Citizens Resettlement Scheme or a person granted leave under the Afghan Relocations and Assistance Policy Scheme; “ person granted leave under the Afghan Citizens Resettlement Scheme ” means a person— who has— indefinite leave to enter or remain in the United Kingdom, outside the immigration rules as defined in section 33(1) of the Immigration Act 1971, on the basis of the Afghan Citizens Resettlement Scheme; or indefinite leave to enter or remain in the United Kingdom, outside those rules, as the spouse, civil partner or dependent child of such a person, or dependent child of the spouse or civil partner; and who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave; . b in the definition of “person granted leave under the Afghan Relocations and Assistance Scheme”— i in the opening words and in paragraph (a)(ii) and (iii) after “Assistance” insert “Policy” ; ii in paragraph (a)(i) for “276BB1(iv)” substitute “276BB1(iii)(a)” ; iii in paragraph (a)(iv) for “276BJ1 or 276BO1” substitute “276BJ2 or 276BO2” . 2 In regulation 3(8A)(a) and (b), for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes” . 3 In regulation 7(m) for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes” . 4 In paragraph 5A of Schedule 1 and in the heading to that paragraph, for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes” . SECTION 3 Overpayments Recovery of fee loans 21 In regulation 24, after paragraph (1) insert— 1A A student must, if so required by the Secretary of State, repay any amount of a fee loan paid in respect of the student which for whatever reason exceeds the amount of a fee loan to which the student is entitled. 1B An institution must, if so required by the Secretary of State, repay any amount of a fee loan paid to the institution in respect of a student which for whatever reason exceeds the amount of a fee loan to which the student is entitled. . CHAPTER 4 Amendment of the Education (Postgraduate Master’s Degree Loans) Regulations 2016 SECTION 1 Introductory Amendment of the Education (Postgraduate Master’s Degree Loans) Regulations 2016 22 The Education (Postgraduate Master’s Degree Loans) Regulations 2016 are amended as follows. SECTION 2 Relocated Afghan citizens Eligibility of relocated Afghan citizens: Master’s degrees 23 1 In regulation 2(1) — a after the definition of “person granted indefinite leave to remain as a victim of domestic violence or domestic abuse” , insert— “ person granted leave under one of the Afghan Schemes ” means a person granted leave under the Afghan Citizens Resettlement Scheme or a person granted leave under the Afghan Relocations and Assistance Policy Scheme; “ person granted leave under the Afghan Citizens Resettlement Scheme ” means a person— who has— indefinite leave to enter or remain in the United Kingdom, outside the immigration rules as defined in section 33(1) of the Immigration Act 1971, on the basis of the Afghan Citizens Resettlement Scheme; or indefinite leave to enter or remain in the United Kingdom, outside those rules, as the spouse, civil partner or dependent child of such a person, or dependent child of the spouse or civil partner; and who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave; . b in the definition of “person granted leave under the Afghan Relocations and Assistance Scheme”— i in the opening words and in paragraph (a)(ii) and (iii) after “Assistance” insert “Policy” ; ii in paragraph (a)(i) for “276BB1(iv)” substitute “276BB1(iii)(a)” ; iii in paragraph (a)(iv) for “276BJ1 or 276BO1” substitute “276BJ2 or 276BO2” . 2 In regulation 8(n) for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes” . 3 In paragraph 5A of Schedule 1 and in the heading to that paragraph, for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes” . SECTION 3 Overpayments Recovery of postgraduate master’s degree loans 24 In regulation 17, after paragraph (2), insert— 2A An institution or third party must, if so required by the Secretary of State, repay any amount of a postgraduate master’s degree loan paid to the institution or third party in respect of a student which for whatever reason exceeds the amount of loan to which the student is entitled. . CHAPTER 5 Amendment of the Higher Education (Fee Limit Condition) (England) Regulations 2017 SECTION 1 Introductory Amendment of the Higher Education (Fee Limit Condition) (England) Regulations 2017 25 The Higher Education (Fee Limit Condition) (England) Regulations 2017 are amended as follows. SECTION 2 Relocated Afghan citizens Relocated Afghan citizens: fee limit condition 26 1 In regulation 2 — a after paragraph (bba), insert— bbaa “ person granted leave under one of the Afghan Schemes ” means a person granted leave under the Afghan Citizens Resettlement Scheme or a person granted leave under the Afghan Relocations and Assistance Policy Scheme; bbab “ person granted leave under the Afghan Citizens Resettlement Scheme ” means a person— i who has— aa indefinite leave to enter or remain in the United Kingdom, outside the immigration rules as defined in section 33(1) of the Immigration Act 1971, on the basis of the Afghan Citizens Resettlement Scheme; or bb indefinite leave to enter or remain in the United Kingdom, outside those rules. as the spouse, civil partner or dependent child of such a person, or dependent child of the spouse or civil partner; and ii who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave; . b in the definition of “person granted leave under the Afghan Relocations and Assistance Scheme”— i in the opening words and in paragraph (a)(ii) and (iii) after “Assistance” insert “Policy” ; ii in paragraph (a)(i) for “276BB1(iv)” substitute “276BB1(iii)(a)” ; iii in paragraph (a)(iv) for “276BJ1 or 276BO1” substitute “276BJ2 or 276BO2” . 2 In regulation 6(2)(m) for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes” . 3 In paragraph 5F of the Schedule and in the heading to that paragraph, for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes” . CHAPTER 6 Amendment of the Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No 2) etc.) Regulations 2018 SECTION 1 Introductory Amendment of the Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No 2) etc.) Regulations 2018 27 The Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No 2) etc.) Regulations 2018 are amended as follows. SECTION 2 Relocated Afghan citizens Relocated Afghan citizens: Doctoral degrees 28 1 In regulation 2(1) — a after the definition of “person granted indefinite leave to remain as a victim of domestic violence or domestic abuse” , insert— “ person granted leave under one of the Afghan Schemes ” means a person granted leave under the Afghan Citizens Resettlement Scheme or a person granted leave under the Afghan Relocations and Assistance Policy Scheme; “ person granted leave under the Afghan Citizens Resettlement Scheme ” means a person— who has— indefinite leave to enter or remain in the United Kingdom, outside the immigration rules as defined in section 33(1) of the Immigration Act 1971, on the basis of the Afghan Citizens Resettlement Scheme; or indefinite leave to enter or remain in the United Kingdom outside those rules, as the spouse, civil partner or dependent child of such a person, or dependent child of the spouse or civil partner; and who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave; . b in the definition of “person granted leave under the Afghan Relocations and Assistance Scheme”— i in the opening words and in paragraph (a)(ii) and (iii) after “Assistance” insert “Policy” ; ii in paragraph (a)(i) for “276BB1(iv)” substitute “276BB1(iii)(a)” ; iii in paragraph (a)(iv) for “276BJ1 or 276BO1” substitute “276BJ2 or 276BO2” . 2 In regulation 8(n) for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes” . 3 In paragraph 6A of Schedule 1 and in the heading to that paragraph, for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes” . SECTION 3 Overpayments Recovery of postgraduate doctoral degree loans 29 In regulation 17, after paragraph (2), insert— 2A An institution or third party must, if so required by the Secretary of State, repay any amount of a postgraduate doctoral degree loan paid to the institution or third party in respect of a student which for whatever reason exceeds the amount of loan to which the student is entitled. . Michelle Donelan Minister of State Department for Education