Question to the Department for Education:

To ask the Secretary of State for Education, with reference to the UKCISA analysis, Who pays home fees for higher education in England, published on 28 May 2021, if he will clarify the meaning of ordinarily resident in criteria c of the qualification for home fees as a family member of a UK national.

Paragraph 1 (2A) of Schedule 1 of the Education (Student Support) Regulations 2011 (as amended) provides that a person is not to be treated as ordinarily resident in a place unless that person lawfully resides in that place. Although not further defined in the Regulations, ‘ordinarily resident’ has been interpreted by the courts as lawful, habitual and normal residence from choice and for a settled purpose throughout the prescribed period, apart from temporary or occasional absences. This means that a person must hold a valid status throughout the period of ordinary residence required when establishing their eligibility to student support.

There are no plans to remove the criteria which requires a person’s residence in the UK and Islands to not have been wholly or mainly for the purpose of receiving full-time education. Student Finance England will determine on a case-by-case basis whether a person meets this requirement.