2022 No. 403 (W. 100)
The Education (Postgraduate Student Support) (Miscellaneous Amendments) (Wales) Regulations 2022
Made
Laid before Senedd Cymru
Coming into force
PART 1Title, commencement and application
Title and commencement1
1
The title of these Regulations is the Education (Postgraduate Student Support) (Miscellaneous Amendments) (Wales) Regulations 2022.
2
These Regulations come into force on 6 May 2022.
Application2
These Regulations apply in relation to the provision of support to a student in relation to an academic year which begins on or after 1 August 2022, whether or not anything done under these Regulations is done before, on or after that date.
PART 2Amendments to the Education (Postgraduate Master’s Degree Loans) (Wales) Regulations 2017
CHAPTER 1Introduction
3
The Education (Postgraduate Master’s Degree Loans) (Wales) Regulations 20173 are amended in accordance with this Part.
CHAPTER 2EU Settlement Scheme – omission of grace period
Amendments to regulation 24
In regulation 2(1)—
a
omit the definition of “grace period”;
b
in the definition of “person with protected rights” omit paragraph (1)(a)(iii).
Amendments to regulation 35
In regulation 3(10)(a)—
a
in paragraph (i), omit “(iii),”;
b
in paragraph (ii), omit “(iii) or”.
Amendment to Schedule 16
In Schedule 1, omit paragraph 3(1)(a)(iii).
PART 3Amendments to the Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 2018
CHAPTER 1Introduction
7
The Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 20184 are amended in accordance with this Part.
CHAPTER 2EU Settlement Scheme – omission of grace period
Amendments to regulation 28
In regulation 2(1)—
a
omit the definition of “grace period”;
b
in the definition of “person with protected rights”, omit paragraph (1)(a)(iii).
Amendments to regulation 39
In regulation 3(11)(a)—
a
in paragraph (i), omit “(iii),”;
b
in paragraph (ii), omit “(iii) or”.
Amendment to Schedule 110
In Schedule 1, omit paragraph 3(1)(a)(iii).
CHAPTER 3Eligibility for certain Afghan citizens
Amendment to regulation 211
In regulation 2(1), at the appropriate place, insert—
“person with leave to enter or remain as a relevant Afghan citizen” (“person sydd â chaniatâd i ddod i mewn neu i aros fel dinesydd perthnasol o Affganistan”) means a person granted—
- a
indefinite leave to enter the United Kingdom under paragraph 276BA2 of the immigration rules, indefinite leave to remain in the United Kingdom under paragraph 276BS2 of the immigration rules or leave to enter or indefinite leave to enter the United Kingdom under paragraph 276BJ2 or 276BO2 of the immigration rules;
- b
leave to enter or indefinite leave to enter or remain in the United Kingdom outside the immigration rules on the basis of the Afghan Relocations and Assistance Policy Scheme;
- c
indefinite leave to enter or remain in the United Kingdom outside the immigration rules on the basis of the Afghan Citizens Resettlement Scheme; or
- d
indefinite leave to enter or remain in the United Kingdom outside the immigration rules as the spouse, civil partner or dependent child of a person falling into paragraph (c) or dependent child of such a spouse or civil partner;
Amendment to regulation 812
In regulation 8, after paragraph (bb), insert—
bc
the student becomes a person with leave to enter or remain as a relevant Afghan citizen;
Amendments to Schedule 113
In Schedule 1, in paragraph 4A(4)(b)—
a
in sub-paragraph (iii), omit the terminal “or” and at the end of sub-paragraph (iv), insert “or”
;
b
after sub-paragraph (iv), insert—
v
a person with leave to enter or remain as a relevant Afghan citizen;
CHAPTER 4Amendments relating to financial support
Amendments to regulation 1314
In regulation 13—
a
in paragraph (1), for “£27,265” substitute “£27,880”
;
b
in paragraph (2)(b), for “£27,265” substitute “£27,880”
.
CHAPTER 5Amendments relating to certain educational psychology programmes
Amendment to regulation 315
In regulation 3, after paragraph (3), insert—
3A
A person (“A”) is not an eligible student if—
a
A is undertaking a programme at Cardiff University leading to the award of doctorate in educational psychology which begins on or after 1 August 2022, and
b
there has been bestowed on or paid to A in relation to A undertaking that programme any allowance, bursary or award of a similar description funded by the Welsh Ministers.
PART 4Amendments to the Education (Student Support) (Postgraduate Master’s Degrees) (Wales) Regulations 2019
CHAPTER 1Introduction
16
The Education (Student Support) (Postgraduate Master’s Degrees) (Wales) Regulations 20195 are amended in accordance with this Part.
CHAPTER 2EU Settlement Scheme – omission of grace period
Amendments to regulation 12A17
In regulation 12A(a)—
a
in sub-paragraph (i), omit “(iii),”;
b
in sub-paragraph (ii), omit “(iii) or”.
Amendments to Schedule 118
In Schedule 1, in paragraph 3(1)—
a
omit the definition of “grace period”;
b
in the definition of “person with protected rights”, omit paragraph (1)(a)(iii) of that definition.
Amendment to Schedule 219
In Schedule 2, omit paragraph 1(2)(a)(iii).
Amendment to Schedule 420
In Schedule 4, omit the table entry for “grace period”.
CHAPTER 3Eligibility for certain Afghan citizens
Amendments to regulation 1621
In regulation 16—
a
in paragraph (1)(b), after sub-paragraph (i), insert—
ia
the student becomes a person with leave to enter or remain as a relevant Afghan citizen;
b
in paragraph 2, at the appropriate place insert “person with leave to enter or remain as a relevant Afghan citizen”
(“person sydd â chaniatâd i ddod i mewn neu i aros fel dinesydd perthnasol o Affganistan”
);”.
Amendments to Schedule 222
In Schedule 2, paragraph 2A—
a
in sub-paragraph (4)(b)—
i
omit the terminal “or” at the end of paragraph (iii);
ii
at the end of paragraph (iv), for the semi-colon substitute “, or”
;
iii
after paragraph (iv), insert—
v
a person with leave to enter or remain as a relevant Afghan citizen;
b
after sub-paragraph (4)(d) insert—
da
“person with leave to enter or remain as a relevant Afghan citizen” means a person granted—
i
indefinite leave to enter the United Kingdom under paragraph 276BA2 of the immigration rules, indefinite leave to remain in the United Kingdom under paragraph 276BS2 of the immigration rules or leave to enter or indefinite leave to enter the United Kingdom under paragraph 276BJ2 or 276BO2 of the immigration rules,
ii
leave to enter or indefinite leave to enter or remain in the United Kingdom outside the immigration rules on the basis of the Afghan Relocations and Assistance Policy Scheme,
iii
indefinite leave to enter or remain in the United Kingdom outside the immigration rules on the basis of the Afghan Citizens Resettlement Scheme, or
iv
indefinite leave to enter or remain in the United Kingdom outside the immigration rules as the spouse, civil partner or dependent child of a person falling into paragraph (iii) or dependent child of such a spouse or civil partner;
CHAPTER 4Amendments relating to financial support
Amendments to regulation 3123
In regulation 31—
a
in paragraph (2), for “£17,025” substitute “£17,430”
;
b
in paragraph (3)(b), for “£17,025” substitute “£17,430”
.
Amendments to regulation 3624
In regulation 36—
a
in paragraph (8), for “£17,025” substitute “£17,430”
;
b
in paragraph (10), for “£17,025” substitute “£17,430”
.
CHAPTER 5
Amendments relating to certain postgraduate social work courses
Amendments to regulation 1025
In regulation 10(1)—
a
in Exception 9, omit paragraph (d);
b
after Exception 9, insert—
Exception 9A
In respect of P undertaking the designated course, there has been bestowed on or paid to P any allowance, bursary or award of a similar description made under section 116(2)(a) of the Regulation and Inspection of Social Care (Wales) Act 2016 save to the extent that P is eligible for such a payment in respect of travel expenses.
But this exception does not apply where the designated course begins on or after 1 August 2022.
Insertion of new regulation 24A26
In Part 6, after the heading to Chapter 2 of that Part, insert—
Qualifying conditions for base grant24A
An eligible student qualifies for a base grant in relation to a designated course unless the eligible student is a postgraduate social care student.
Amendment to regulation 2627
In regulation 26, after “eligible prisoner”, insert “or a postgraduate social care student”
.
Amendment to regulation 3128
In regulation 31(1), after “eligible student”, insert “who is not a postgraduate social care student”
.
Insertion of new regulation 31A29
After regulation 31, insert—
31A
1
The amount of contribution to costs loan payable to an eligible student who is a postgraduate social care student (“P”) is calculated as follows—
£18,430
Minus
Amount of social care bursary bestowed on or paid to P.
2
An eligible social care student may apply to the Welsh Ministers to amend the amount of contribution to costs loan for which the student has applied, provided that—
a
in aggregate, the amounts of contribution to costs loan applied for do not exceed the amount calculated in accordance with paragraph (1), and
b
such application is made in accordance with regulation 18(2).
3
In this regulation “social care bursary” means any allowance, bursary or award of a similar description under section 116(2)(a) of the Regulation and Inspection of Social Care (Wales) Act 2016 save to the extent that it is in respect of travel expenses.
Amendment to Schedule 130
In Schedule 1, paragraph 3(1), at the appropriate place, insert—
“postgraduate social care student” (“myfyriwr gofal cymdeithasol ôl-raddedig”) means an eligible student to whom there has been bestowed on or paid any allowance, bursary or award of a similar description under section 116(2)(a) of the Regulation and Inspection of Social Care (Wales) Act 2016;
(This note is not part of the Regulations)