EDUCATION Citation, commencement and interpretation 1 These Regulations may be cited as the Student Fees (Qualifying Courses and Persons) Regulations (Northern Ireland) 2007 and shall come into operation on 1st September 2007. 2 In these Regulations— “ the Order ” means the Higher Education (Northern Ireland) Order 2005; “the Student Support Regulations ” means The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 ; “course for the initial training of teachers” includes such a course leading to a first degree; “ the course start date ” means the day on which the first term of the first academic year of a course actually begins; “ graduate entry course ” means a “graduate entry dentistry course”, “graduate entry medicine course”, “graduate entry social work course” or a “graduate entry veterinary course”. “ graduate entry dentistry course ” means a course— the standard of which is not higher than a first degree which leads to qualification as a dentist, and where a first degree or equivalent qualification would normally be required for entry to the course. “ graduate entry medicine course ” means a course— the standard of which is not higher than a first degree which leads to qualification as a medical doctor, and where a first degree or equivalent qualification would normally be required for entry to the course. “ graduate entry social work course ” means a course— the standard of which is not higher than a first degree which leads to qualification as a social worker, and where a first degree or equivalent qualification would normally be required for entry to the course. “ graduate entry veterinary course ” means a course— the standard of which is not higher than a first degree which leads to qualification as a veterinary surgeon, and where a first degree or equivalent qualification would normally be required for entry to the course; “previous Regulations” has the meaning given in regulation 2 (1) of the Student Support Regulations; “publicly-funded” has the meaning given in regulation 2 (1) of the Student Support Regulations; “single course” means a course to which regulation 6(4) of the Student Support Regulations applies and which falls within the description of a course in that regulation. “the Islands” means the Channel Islands and the Isle of Man Revocation 3 The Student Fees (Qualifying Courses and Persons) Regulations (Northern Ireland) 2006 are revoked. Prescribed description of a qualifying course 4 1 A qualifying course which is prescribed for the purposes of Article 4 of the Order is a course of higher education which, subject to paragraph (3), is a course which is designated for the purposes of Article 3 of the Education (Student Support) (Northern Ireland) Order 1998 on the first day of an academic year which begins during the grant period and is provided by an institution in Northern Ireland. 2 For the purposes of paragraph (1) the reference to an institution in Northern Ireland means an institution whose activities are carried out in Northern Ireland. 3 A course is not a qualifying course if at the time the qualifying person received an offer of a place on that course the institution providing it was not publicly-funded. Prescribed description of a qualifying person 5 1 A qualifying person who is prescribed for the purposes of Article 4 of the Order is a person who falls within the Schedule on the first day of an academic year which begins during the grant period, other than— a a person who is not eligible for support under the Student Support Regulations by reason of regulation 5(3)(c), (d), (e), (f) or (g) of those Regulations, or b a person mentioned in paragraph (2) or (6) ; or c a person who is ordinarily resident in England, Wales, Scotland or the Islands and does not fall within paragraph 4, 4A 4B, 4C, 4D, 4E, 4F , 4G, 4H, 4I, 5, 6, 6A, 6B, 7, 7A, 10, 10A, 11 or 12 of the Schedule. 1ZA Subject to paragraphs (1) and (1C), a qualifying person is a person who— a falls within a settled category or a protected category— i on the course start date, where the relevant academic year is the first academic year of the person’s course, or ii otherwise, on the first day of a relevant academic year; b falls within a prescribed category on the first day of a relevant academic year. 1ZB Paragraph (1ZA) includes a person who undertakes a qualifying course in an academic year which began before 1st September 2024 but who nevertheless falls within a settled category, a protected category or a prescribed category on the first day of an academic year commencing on or after that date. 1A In this regulation, subject to paragraph (1C), “prescribed category” means any category of person described— a in paragraphs 2, ... 3, ... 6A, 6B, 7A, ... 9ZA, 9ZB, 9ZC, 9ZD, 9B, 10A, 12 or 13 in ... the Schedule; or b in paragraphs 6, 7, 8, 9, 9A, 10 or 11 in ... the Schedule where paragraph (1B) applies. 1B This paragraph applies— a where in connection with a qualifying course beginning before 1st August 2021, a person (“A”) was a qualifying person by virtue of falling within any category of persons described in paragraphs 6, 7, 8, 9, 9A, 10 or 11 in ... the Schedule in relation to an academic year beginning before 1st August 2021; and b A is undertaking an academic year of that qualifying course, or of a qualifying course to which A transfers from that qualifying course. 1C In relation to a qualifying course which begins on or after 1st January 2028, paragraph (1A)(a) has effect as if paragraphs 8A and 9ZB were omitted. 1D For the purposes of this regulation, where— a a person becomes, after the course start date or on the first day of an academic year of the course, a person who no longer falls within a paragraph of the Schedule as a result of that person’s leave to remain, or the leave to remain of that person’s spouse, civil partner or parent, as the case may be, having expired; and b further leave to remain has been granted or the person whose leave to remain has expired has become a British or Irish citizen, the person who would otherwise no longer fall within a paragraph of the Schedule is to be treated as falling within the paragraph of the Schedule in which they previously fell for the remainder of the duration of the course. 2 Subject to the exception in paragraphs (3) to (5), a person is not a qualifying person if— a he has an honours degree from an institution in the United Kingdom; or b he has an honours degree from an institution in the Republic of Ireland, for which he received financial support under previous Regulations for some or all of the academic years during which he took the course leading to the award of the honours degree. 3 Paragraph (2) does not apply where— a the qualifying course is a course for the initial training of teachers; b the duration of the course does not exceed two years (the duration of a part-time course being expressed as its full-time equivalent); and c the qualifying person is not a qualified teacher. 3A Paragraph (2) does not apply where the qualifying course is a graduate entry course. 4 Paragraph (2) does not apply in respect of any part of a single course where— a the single course leads to an honours degree being conferred on the qualifying person from an institution in the United Kingdom or a relevant institution of higher education in the Republic of Ireland before the final degree or equivalent qualification; and b the qualifying person only has an honours degree which was received as part of that single course. 5 Paragraph (2) does not apply where the qualifying course is a course leading to a degree in social work at an educational institution in Northern Ireland 6 Subject to paragraphs 8 to 10 where an event occurs in the course of an academic year and as a result a person falls within the Schedule in the course of an academic year, he is not a qualifying person in respect of the academic year in which the relevant event occurred or any previous academic year. 7 In this regulation “a relevant institution of higher education in the Republic of Ireland” has the same meaning as in the Student Support Regulations . 8 Where a protected category event occurs in relation to a person after the course start date, paragraph (9) applies for the purposes of determining whether the person falls within a protected category on the first day of the relevant academic year. 9 The person is, for the purposes of determining whether they satisfy any requirement in the Schedule that they are ordinarily resident in the United Kingdom on the course start date, to be treated as if the person was, on the course start date, lawfully residing in the place where the person was residing on that date. 10 For the purposes of this regulation— “ protected category ” means any category of persons described in paragraph 4, 4A, 4B, 4C, 4D, 4E, 4F, 4G, 4H,4I or 5 of the Schedule; “ protected category event ” means — a the student or the student’s spouse, civil partner or parent is recognised as a refugee or becomes a person granted humanitarian protection or becomes a person granted stateless leave or becomes a person with leave to enter or remain on the grounds of discretionary leave; b the student becomes a person granted section 67 leave; c the student becomes a person granted Calais leave; d the student or the student’s parent becomes a person granted indefinite leave to remain as a bereaved partner; e the student or the student’s parent becomes a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse; f the student or the student’s spouse, civil partner or parent becomes a person granted leave under one of the Afghan Schemes; or g the student or the student’s spouse, civil partner or parent becomes a person granted leave under one of the Ukraine Schemes. “ relevant academic year ” means an academic year beginning on or after 1st September 2024; “ settled category ” means any category of persons described in paragraph 2A or 8A of the Schedule. Transitional Cases 6 1 Where a qualifying person, disregarding any intervening vacation, begins an end-on course within the meaning of regulation 2(1) of the Education (Student Support) Regulations (Northern Ireland) 2006 immediately after a qualifying course (“the relevant course”) in a case where paragraph (3) or (4) applies, the end-on course shall be treated as if the offer for it had been received on the same date as the offer for the relevant course. 2 In a case where paragraph (3) or (4) applies, where a qualifying person undertakes a qualifying course (“the relevant course”) which is a single course, an offer received for any part of the relevant course shall be treated as if it had been received on the same date as the offer for the first part of the relevant course. 3 This paragraph applies where— a the qualifying person had on or before 1 st August 2005 received an offer, whether conditional on obtaining specified qualifications or not, of a place on the relevant course, or a similar course, and b the first academic year of the relevant course begins before 1 st September 2007. 4 This paragraph applies where— a the qualifying person had received an offer of a place on a qualifying course (whether or not at the same institution as the relevant course) the first academic year of which began before 1 st September 2006, b he was unable to take up the offer because a specified qualification or grade was not awarded to him, c he appealed against the decision not to award him the qualification or grade, d the appeal was allowed after the last date on which he could have taken up the offer, e as a result he was offered a place on the relevant course, and f the first academic year of the relevant course begins after 31 st August 2006 but before 1 st September 2007. 5 For the purpose of paragraph (3)(a) a course (“the original course”) is similar to the relevant course if— a it appears to the governing body of the institution providing the relevant course that the subject matter of the course is in whole or in part the same as the subject matter of the original course, and b except where the original course is no longer being provided, the relevant course is provided by the institution which was to have provided the original course. Sealed with the Official Seal of the Department for Employment and Learning on 5th July 2007 Sir Reg Empey MLA Minister for Employment and Learning