Tabled by
Baroness Kennedy of The Shaws
81: After Clause 43, insert the following new Clause—
“Access to higher education for young people leaving care who have leave to enter or remain
(1) The Secretary of State for Business, Innovation and Skills shall make regulations identifying as eligible for student support a person who—
(a) has leave to enter or remain;
(b) is a person to whom a duty is owed by a local authority under section 20, 21, 22, 23A, 23C, 23CA, 24A or 24B of the Children Act 1989;
(c) is ordinarily resident in the UK and has not ceased to be so resident since the person was granted leave to enter or remain; and
(d) is ordinarily resident in the UK on the first day of the first academic year of the course.
(2) The Secretary of State for Education and Skills shall make regulations providing that tuition fees may not be charged at a higher rate for a person who—
(a) has leave to enter or remain in the UK;
(b) is an asylum seeker; or
(c) has made an application for leave to enter or remain in the UK which has not been finally determined;
and to whom a duty is owed by a local authority under section 20, 21, 22, 23A, 23C, 23CA, 24A or 24B of the Children Act 1989.
(3) For the purposes of this section, a duty owed to a person by a local authority shall be interpreted as if Schedule 3 to the Nationality, Immigration and Asylum Act 2002 (withholding and withdrawal of support) did not apply.
(4) “Student support” means financial support by way of grant or loan made by the Secretary of State pursuant to regulations under section 22 of the Teaching and Higher Education Act 1998 (new arrangements for giving financial support to students).
(5) “Tuition fees” means fees payable for a course of a description mentioned in Schedule 6 to the Education Reform Act 1988 (courses of higher education).”