1.In its letter to the Department for Education of 21 February 2018, the Joint Committee requested a memorandum on the following point:
Explain the reason why the three-year period relied on in regulation 18(4) is defined by reference to the “relevant date” in inserted paragraphs 4A(1)(b) and (2)(b) and by reference to “the first day of the first academic year of the course” in inserted paragraph 4A(3)(d).
2.This memorandum has been prepared by the Department for Education.
3.The reference to “the first day of the first academic year of the course” in inserted paragraph 4A(3)(d) is a drafting error, for which the Department apologises. That provision should have referred to “the relevant date”.
4.The effect of the error is that under the Education (Student Support) (European University Institute) Regulations 2010, a child of a person with stateless leave, or child of the spouse or civil partner of a person granted stateless leave, who seeks support to study at the European University Institute in Italy would need to prove that they had acquired three years’ ordinary residence in the United Kingdom and Islands by the first day of the course, around 1 October, rather than by the earlier date of 1 February of the year that the course started. In giving such a person a later date by which to meet the necessary residence requirement the error is likely to benefit applicants for student support rather than disadvantage them. However, it is necessary to correct the error to ensure that the drafting properly implements government policy.
5.The Department for Education intends to amend the incorrect reference at the earliest opportunity. There are plans to amend the Education (Student Support) Regulations 2011 in the next few months. We will consider, therefore, whether those amending Regulations provide a suitable vehicle for the amendment of paragraph 4A(3)(d) of Schedule 1 to the Education (Student Support) (European University Institute) Regulations 2010, to rectify the error.
Department for Education
27 February 2018
Published: 7 March 2018