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The Education (European University Institute) (Wales) Regulations 2014

Changes over time for: The Education (European University Institute) (Wales) Regulations 2014 (Schedules only)

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Regulation 6

SCHEDULE 1E+WELIGIBLE STUDENTS

PART 1E+WInterpretation

1.—(1) For the purposes of this Schedule—E+W

“Directive 2004/38” (“Cyfarwyddeb 2004/38”) means Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the rights of citizens of the Union and their family members to move and reside freely in the territory of the Member States(1);

F1...

“EEA frontier self-employed person” (“person hunangyflogedig y ffin o’r AEE”) has the meaning given by sub-paragraph (2);

“EEA frontier worker” (“gweithiwr y ffin o’r AEE”) has the meaning given by sub-paragraph (3);

“EEA migrant worker” (“gweithiwr mudol o’r AEE”) means an EEA national who is a worker, other than an EEA frontier worker, in the United Kingdom;

“EEA national” (“gwladolyn o’r AEE”) means a national of an EEA State F2...;

“EEA self-employed person” (“person hunangyflogedig o’r AEE”) means an EEA national who is a self-employed person, other than an EEA frontier self-employed person, in the United Kingdom;

“employed person” (“person cyflogedig”) means an employed person within the meaning of Annex 1 to the Swiss Agreement;

“EU national” (“gwladolyn o’r UE”) means a national of a Member State of the European Union;

“European Economic Area” (“Ardal Economaidd Ewropeaidd”) means the area comprised by the EEA States;

“family member” (“aelod o deulu”), unless otherwise indicated, means—

(a)

in relation to an EEA frontier worker, an EEA migrant worker, an EEA frontier self-employed person [F3, an EEA self-employed person, or a relevant person of Northern Ireland who is treated as an EEA migrant worker or an EEA self-employed person by virtue of paragraph 6A(3)]—

(i)

the person’s spouse or civil partner;

(ii)

direct descendants of the person or of the person’s spouse or civil partner who are;

(aa)

under the age of 21; or

(bb)

dependants of the person or the person’s spouse or civil partner; or

(iii)

dependent direct relatives in the person’s ascending line or that of the person’s spouse or civil partner;

(b)

in relation to a Swiss employed person, a Swiss frontier employed person, a Swiss frontier self-employed person or a Swiss self-employed person—

(i)

the person’s spouse or civil partner; or

(ii)

the person’s child or the child of the person’s spouse or civil partner;

(c)

in relation to an EU national who falls within article 7(1)(c) of Directive 2004/38 F4...—

(i)

the national’s spouse or civil partner; or

(ii)

direct descendants of the national or of the national’s spouse or civil partner who are—

(aa)

under the age of 21; or

(bb)

dependants of the national or of the national’s spouse or civil partner;

(d)

in relation to an EU national who falls within article 7(1)(b) of Directive 2004/38 F4...—

(i)

the national’s spouse or civil partner; or

(ii)

direct descendants of the national or of the national’s spouse or civil partner who are—

(aa)

under the age of 21; or

(bb)

dependants of the national or of the national’s spouse or civil partner;

(iii)

dependent direct relatives in the national’s ascending line or that of the national’s spouse or civil partner;

(e)

in relation to a United Kingdom national, for the purposes of [F5paragraph 9B]—

(i)

the national’s spouse or civil partner; or

(ii)

direct descendants of the national or of the national’s spouse or civil partner who are—

(aa)

under the age of 21; or

(bb)

dependants of the national or of the national’s spouse or civil partner;

F1...

F1...

“self-employed person” (“person hunangyflogedig”) means—

(a)

in relation to an EEA national, a person who is self-employed within the meaning of Article 7 of Directive 2004/38 or the EEA Agreement, as the case may be; or

(b)

in relation to a Swiss national, a person who is a self-employed person within the meaning of Annex 1 to the Swiss Agreement;

“settled” (“wedi setlo”) has the meaning given by section 33(2A) of the Immigration Act 1971(2);

“Swiss Agreement” (“Cytundeb y Swistir”) means the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the Free Movement of Persons signed at Luxembourg on 21 June 1999(3) and which came into force on 1 June 2002;

F1...

“Swiss employed person” (“person cyflogedig Swisaidd”) means a Swiss national who is an employed person, other than a Swiss frontier employed person, in the United Kingdom;

“Swiss frontier employed person” (“person cyflogedig Swisaidd y ffin”) has the meaning given in sub-paragraph (4);

“Swiss frontier self-employed person” (“person hunangyflogedig Swisaidd y ffin”) has the meaning given in sub-paragraph (5);

“Swiss self-employed person” (“person hunangyflogedig Swisaidd”) means a Swiss national who is a self-employed person, other than a Swiss frontier self-employed person, in the United Kingdom;

“Turkish worker” (“gweithiwr Twrcaidd”) means a Turkish national who on the relevant date—

(a)

was ordinarily resident in the United Kingdom and Islands; and

(b)

was, or had been, lawfully employed in the United Kingdom;

[F6“United Kingdom national” has the meaning given by Article 2(d) of the EU withdrawal agreement;]

“worker” (“gweithiwr”) means a worker within the meaning of Article 7 of Directive 2004/38 or the EEA Agreement, as the case may be.

(2) “EEA frontier self-employed person” (“person hunangyflogedig y ffin o’r AEE”) means an EEA national who—

(a)is a self-employed person in Wales; and

(b)resides in Switzerland or in the territory of an EEA State F7... and returns to the national’s residence in Switzerland or that EEA State, as the case may be, daily or at least once a week.

(3) “EEA frontier worker” (“gweithiwr y ffin o’r AEE”) means an EEA national who—

(a)is a worker in Wales; and

(b)resides in Switzerland or in the territory of an EEA State F8... and returns to the national’s residence in Switzerland or that EEA State, as the case may be, daily or at least once a week.

(4) “Swiss frontier employed person” (“person cyflogedig Swisaidd y ffin” ) means a Swiss national who—

(a)is an employed person in Wales; and

(b)resides in Switzerland or in the territory of an EEA State F9... and returns to the national’s residence in Switzerland or that EEA State, as the case may be, daily or at least once a week.

(5) “Swiss frontier self-employed person” (“person hunangyflogedig Swisaidd y ffin”) means a Swiss national who—

(a)is a self-employed person in Wales; and

(b)resides in Switzerland or in the territory of an EEA State F10... and returns to the national’s residence in Switzerland or that EEA State, as the case may be, daily or at least once a week.

[F11(5A) For the purposes of this Schedule, a reference to a “Member State” or “State” in Article 7 of Directive 2004/38 is to be read as including the United Kingdom.]

(6) For the purposes of this Schedule, “parent” (“rhiant”) includes a guardian, any other person having parental responsibility for a child and any person having care of a child and “child” (“plentyn”) is to be construed accordingly.

(7) For the purposes of this Schedule, a person (“A” in this sub-paragraph) is to be treated as ordinarily resident in Wales, the United Kingdom and Islands [F12, the territory comprising the United Kingdom, the Islands and the Republic of Ireland], the territory comprising [F13the United Kingdom, Gibraltar,] the European Economic Area and Switzerland or the territory comprising [F13the United Kingdom, Gibraltar,] the European Economic Area, Switzerland and Turkey if A would have been so resident but for the fact that—

(a)A;

(b)A’s spouse or civil partner;

(c)A’s parent; or

(d)in the case of a dependent direct relative in the ascending line, A’s child or child’s spouse or civil partner,

is or was temporarily employed outside the area in question.

(8) For the purposes of sub-paragraph (7), temporary employment outside of Wales, the United Kingdom and Islands [F14, the territory comprising the United Kingdom, the Islands and the Republic of Ireland], the territory comprising [F15the United Kingdom, Gibraltar,] the European Economic Area and Switzerland or the territory comprising [F15the United Kingdom, Gibraltar,] the European Economic Area, Switzerland and Turkey includes—

(a)in the case of members of the regular naval, military or air forces of the Crown, any period which they serve outside the United Kingdom as members of such forces;

[F16(aa)in the case of members of the regular armed forces of the Republic of Ireland, any period which they serve outside the territory comprising the United Kingdom, the Islands and the Republic of Ireland as members of such forces;]

(b)in the case of members of the regular armed forces of an EEA State or Switzerland, any period which they serve outside the territory comprising [F15the United Kingdom, Gibraltar,] the European Economic Area and Switzerland as members of such forces; and

(c)in the case of members of the regular armed forces of Turkey, any period which they serve outside of the territory comprising [F15the United Kingdom, Gibraltar,] the European Economic Area, Switzerland and Turkey as members of such forces.

Textual Amendments

Commencement Information

I1Sch. 1 para. 1 in force at 5.12.2014, see reg. 1

PART 2E+WCategories

Persons who are settled in the United KingdomE+W

2.—(1) A person who—

[F17(a)is settled in the United Kingdom on the relevant date and does not fall within paragraph 3;]

(b)is ordinarily resident in Wales on the relevant date;

(c)had been ordinarily resident throughout the three-year period preceding the relevant date in the United Kingdom and Islands; and

(d)subject to sub-paragraph (2), had not during any part of the period referred to in paragraph (c) been ordinarily resident in the United Kingdom and Islands wholly or mainly for the purpose of receiving full-time education.

(2) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the United Kingdom and Islands in accordance with paragraph 1(7).

Textual Amendments

Commencement Information

I2Sch. 1 para. 2 in force at 5.12.2014, see reg. 1

F182A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

3.—[F19(1)] A person—

[F20(a)meets one of the following conditions on the relevant date—

(i)the person is within the personal scope of the citizens’ rights provisions and is settled in the United Kingdom by virtue of the grant of indefinite leave to enter or remain under residence scheme immigration rules;

(ii)the person—

(aa)is within the personal scope of the citizens’ rights provisions;

(bb)is an Irish citizen settled in the United Kingdom who, pursuant to section 3ZA of the Immigration Act 1971, does not require leave to enter or remain in the United Kingdom; and

(cc)would meet the eligibility requirements for indefinite leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules if that person were to make an application for such leave;

F21(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv)the person—

(aa)is within the personal scope of the citizens’ rights provisions;

(bb)is an applicant for the purposes of regulation 4 of the 2020 Citizens’ Rights Regulations or otherwise has rights deemed to apply by virtue of any of the citizens’ rights provisions specified in paragraph (3); and

(cc)has, or is treated as having, a right of permanent residence for the purposes of the Immigration (European Economic Area) Regulations 2016, as those Regulations continue to have effect by virtue of the 2020 Citizens’ Rights Regulations in relation to that person during the relevant period or otherwise has a deemed right of permanent residence by virtue of any of the citizens’ rights provisions specified in paragraph (3); or

(v)the person is a family member of a relevant person of Northern Ireland for the purposes of residence scheme immigration rules, where that family member is settled in the United Kingdom by virtue of the grant of indefinite leave to enter or remain under residence scheme immigration rules;]

(b)who is ordinarily resident in Wales on the relevant date;

(c)who had been ordinarily resident in the United Kingdom throughout the three-year period preceding the relevant date; and

(d)who, in a case where the person’s ordinary residence referred to in sub-paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising [F22the United Kingdom, Gibraltar,] the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in sub-paragraph (c).

[F23(2) For the purposes of sub-paragraph (1)(a)(ii)(cc), “eligibility requirements for in definite leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules” means the eligibility requirements for such leave in accordance with paragraph EU11 of Appendix EU to the immigration rules (as defined in section 33(1) of the Immigration Act 1971).

(3) For the purposes of sub-paragraph (1)(a)(iv), the citizens’ rights provisions referred to are—

(a)Article 18(3) (issuance of residence documents) of the EU withdrawal agreement;

(b)Article 17(3) (issuance of residence documents) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020); or

(c)Article 16(3) (issuance of residence documents) of the Swiss citizens’ rights agreement.]

Textual Amendments

Commencement Information

I3Sch. 1 para. 3 in force at 5.12.2014, see reg. 1

RefugeesE+W

4.—(1) A person—

(a)who is a refugee;

(b)who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being recognised as a refugee; and

(c)who is ordinarily resident in Wales on the relevant date.

(2) A person—

(a)who is the spouse or civil partner of a refugee;

(b)who was the spouse or civil partner of the refugee on the date on which the refugee made the application for asylum;

(c)who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to remain in the United Kingdom; and

(d)who is ordinarily resident in Wales on the relevant date.

(3) A person—

(a)who is the child of a refugee or the child of the spouse or civil partner of a refugee;

(b)who, on the date on which the refugee made the application for asylum, was the child of the refugee or the child of a person who was the spouse or civil partner of the refugee on that date;

(c)who was under 18 on the date on which the refugee made the application for asylum;

(d)who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to remain in the United Kingdom; and

(e)who is ordinarily resident in Wales on the relevant date.

Commencement Information

I4Sch. 1 para. 4 in force at 5.12.2014, see reg. 1

[F24Protected persons and their family membersE+W

4ZA.—(1) A person—

(a)granted leave to enter or remain as a protected person;

(b)who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being granted such leave; and

(c)who is ordinarily resident in Wales on the first day of the first academic year of the course.

(2) A person who—

(a)is a protected spouse or civil partner;

(b)on the leave application date, was the spouse or civil partner of a person granted leave to enter or remain as a protected person (by virtue of humanitarian protection under paragraph 339C of the immigration rules or as a stateless person under the immigration rules);

(c)is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being granted leave to enter or remain in the United Kingdom;

(d)is ordinarily resident in Wales on the first day of the first academic year of the course.

(3) A person who—

(a)is a protected child;

(b)on the leave application date was—

(i)under 18 years old; and

(ii)the child of a person granted leave to enter or remain as a protected person or, as the case may be, the child of a person who was the spouse or civil partner of the person granted leave to enter or remain as a protected person on that date (by virtue of humanitarian protection under paragraph 339C of the immigration rules, stateless leave under the immigration rules or section 67 of the Immigration Act 2016 and the immigration rules, as the case may be);

(c)is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being granted leave to enter or remain in the United Kingdom;

(d)is ordinarily resident in Wales on the first day of the first academic year of the course.

(4) In this paragraph—

(a)“leave application date” means the date on which a person (“P”) made an application for leave to enter or remain in the United Kingdom that results in P becoming a person granted leave to enter or remain as a protected person;

(b)“person granted leave to enter or remain as a protected person” means—

(i)a person granted leave to enter or remain on the grounds of humanitarian protection under paragraph 339C of the immigration rules;

(ii)a person granted stateless leave;

(iii)a person with section 67 leave to remain; F25...

(iv)a person with Calais leave; [F26or]

[F27(v)a person with leave to enter or remain as a relevant Afghan citizen;]

(c)“protected child” means—

(i)a child of—

(aa)a person who has extant leave to enter or remain on the grounds of humanitarian protection under paragraph 339C of the immigration rules;

(ab)a person granted stateless leave; or

(ac)a person with section 67 leave to remain;

(ii)a child of the spouse or civil partner of—

(aa)a person who has extant leave to enter or remain on the grounds of humanitarian protection under paragraph 339C of the immigration rules; or

(ab)a person granted stateless leave;

(d)“protected spouse or civil partner” means a spouse or civil partner of—

(i)a person who has extant leave to enter or remain on the grounds of humanitarian protection under paragraph 339C of the immigration rules; or

(ii)a person granted stateless leave.]

Textual Amendments

[F28Persons granted leave to remain as a protected partner and their childrenE+W

4ZB.—(1) A person—

(a)granted leave to remain as a protected partner;

(b)who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being granted such leave; and

(c)who is ordinarily resident in Wales on the first day of the first academic year of the course.

(2) A person who—

(a)is the child of a person granted leave to remain as a protected partner;

(b)on the leave application date was under 18 years old and was the child of a person granted leave to remain as a protected partner;

(c)is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being granted leave to remain in the United Kingdom;

(d)is ordinarily resident in Wales on the first day of the first academic year of the course.

(3) In this paragraph, “leave application date” means the date on which a person (“P”) made an application for leave to enter or remain in the United Kingdom that results in P becoming a person granted leave to remain as a protected partner.]

Textual Amendments

[F29Protected Ukrainian nationalsE+W

4ZC.  A person who—

(a)is a protected Ukrainian national;

(b)has been ordinarily resident in the United Kingdom and Islands throughout the period since becoming a protected Ukrainian national; and

(c)is ordinarily resident in Wales on the first day of the first academic year of the course.]

Textual Amendments

Persons granted stateless leave and their family membersE+W

F304A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

5.—(1) A person—E+W

(a)with leave to enter or remain;

(b)who is ordinarily resident in Wales on the relevant date; and

(c)who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the relevant date.

(2) A person—

(a)who is the spouse or civil partner of a person with leave to enter or remain;

[F31(b)who was the spouse or civil partner of the person with leave to enter or remain on the leave application date;]

(c)who is ordinarily resident in Wales on the relevant date; and

(d)who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the relevant date.

(3) A person—

(a)who is the child of a person with leave to enter or remain or the child of the spouse or civil partner of a person with leave to enter or remain;

[F32(b)who, on the leave application date, was the child of the person with leave to enter or remain or the child of a person who was the spouse or civil partner of the person with leave to enter or remain on that date;]

[F33(c)who was under 18 on the leave application date;]

(d)who is ordinarily resident in Wales on the relevant date; and

(e)who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the relevant date.

[F34(4) In this paragraph, “leave application date” means the date on which the person with leave to enter or remain made the application that led to that person being granted leave to enter or remain in the United Kingdom.]

Textual Amendments

Commencement Information

I5Sch. 1 para. 5 in force at 5.12.2014, see reg. 1

Persons with section 67 leave to remainE+W

F355A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Workers, employed persons, self-employed persons and their family membersE+W

6.—(1) A person who—

(a)on the relevant date, is—

(i)an EEA migrant worker or an EEA self-employed person;

(ii)a Swiss employed person or a Swiss self-employed person;

(iii)a family member of a person mentioned in sub-paragraph (i) or (ii);

(iv)an EEA frontier worker or an EEA frontier self-employed person;

(v)a Swiss frontier employed person or a Swiss frontier self-employed person; or

(vi)a family member of a person in sub-paragraph (iv) or (v);

(b)subject to sub-paragraph (2), is ordinarily resident in Wales on the relevant date;

(c)has been ordinarily resident in the territory comprising [F36the United Kingdom, Gibraltar,] the European Economic Area and Switzerland throughout the three-year period preceding the relevant date.

(2) Paragraph (b) of sub-paragraph (1) does not apply where the person applying for support falls within paragraph (a)(iv), (v) or (vi) of sub-paragraph (1).

Textual Amendments

Commencement Information

I6Sch. 1 para. 6 in force at 5.12.2014, see reg. 1

[F376A.—(1) A person with protected rights, or a frontier worker within the meaning of regulation 3 of the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020, who—

(a)on the relevant date, is

(i)an EEA migrant worker or an EEA self-employed person;

(ii)a Swiss employed person or a Swiss self-employed person;

(iii)a family member of a person mentioned in sub-paragraph (i) or (ii);

(iv)an EEA frontier worker or an EEA frontier self-employed person;

(v)a Swiss frontier employed person or a Swiss frontier self-employed person; or

(vi)a family member of a person mentioned in sub-paragraph (iv) or (v);

(b)subject to sub-paragraph (2), is ordinarily resident in Wales on the relevant date; and

(c)has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the relevant date.

(2) Paragraph (b) of sub-paragraph (1) does not apply where the person applying for support falls within paragraph (a)(iv), (v) or (vi) of sub-paragraph (1).

(3) In this paragraph, a description of a person in sub-paragraph (1)(a)(i) is to be read as if it includes a relevant person of Northern Ireland who would, if that person were an EEA national or solely an EEA national, be an EEA migrant worker or an EEA self-employed person.]

Textual Amendments

7.—[F38(1)] A person who—

(a)is ordinarily resident in Wales on the relevant date;

(b)has been ordinarily resident in the territory comprising [F39the United Kingdom, Gibraltar,] the European Economic Area and Switzerland throughout the three-year period preceding the relevant date; and

(c)is entitled to support by virtue of Article 10 of Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on the freedom of movement for workers within the Union(4), as extended by the EEA Agreement.

[F40(2) Any description of person who would have been eligible under this paragraph immediately before implementation period completion day is to be eligible on and after implementation period completion day.]

Textual Amendments

Commencement Information

I7Sch. 1 para. 7 in force at 5.12.2014, see reg. 1

Persons who are settled in the United Kingdom and have exercised a right of residence elsewhereE+W

8.—(1) A person who—

(a)is settled in the United Kingdom;

(b)was ordinarily resident in Wales and settled in the United Kingdom immediately before leaving the United Kingdom and who has exercised a right of residence [F41before implementation period completion day];

(c)is ordinarily resident in the United Kingdom on the relevant date;

(d)has been ordinarily resident in the territory comprising [F42the United Kingdom, Gibraltar,] the European Economic Area and Switzerland throughout the three-year period preceding the relevant date; and

(e)in a case where the person’s ordinary residence referred to in paragraph (b) was wholly or mainly for the purposes of receiving full-time education, was ordinarily resident in the territory comprising [F43the United Kingdom, Gibraltar,] the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (d).

(2) For the purposes of this paragraph, a person has exercised a right of residence if that person is a United Kingdom national, a family member of a United Kingdom national for the purposes of Article 7 of Directive 2004/38 (or corresponding purposes under the EEA Agreement or Swiss Agreement) or a person who [F44had the right] of permanent residence who in each case has exercised a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA Agreement or Swiss Agreement in a state other than the United Kingdom or, in the case of a person who is settled in the United Kingdom and [F45had the right] of permanent residence, if that person [F46has gone] to the state within the territory comprising the European Economic Area and Switzerland of which that person is a national or of which the person in relation to whom that person is a family member is a national.

[F47(3) For the purposes of this paragraph, a person had the right of permanent residence if they had a right which arose under Directive 2004/38 to reside permanently in the United Kingdom without restriction.]

Textual Amendments

Commencement Information

I8Sch. 1 para. 8 in force at 5.12.2014, see reg. 1

[F488A.—(1) A person who—

(a)is settled in the United Kingdom;

(b)was ordinarily resident in Wales and settled in the United Kingdom immediately before leaving the United Kingdom and who has exercised a right of residence before IP completion day;

(c)was ordinarily resident immediately before IP completion day—

(i)in the territory comprising Gibraltar, the European Economic Area and Switzerland; or

(ii)in the United Kingdom, where that ordinary residence began after 31 December 2017 immediately following a period of ordinary residence in the territory comprising Gibraltar, the European Economic Area and Switzerland and has remained ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the period beginning on IP completion day and ending immediately before the relevant date;

(d)is ordinarily resident in Wales on the relevant date;

(e)has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the relevant date; and

(f)in a case where the person’s ordinary residence referred to in paragraph (e) was wholly or mainly for the purposes of receiving full-time education, was ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (e).

(2) For the purposes of this paragraph, a person has exercised a right of residence if that person is a United Kingdom national, a family member of a United Kingdom national for the purposes of Article 7 of Directive 2004/38 (or corresponding purposes under the EEA Agreement or Swiss Agreement) or a person who had the right of permanent residence who in each case has exercised a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA Agreement or Swiss Agreement in a state other than the United Kingdom or, in the case of a person who is settled in the United Kingdom and had the right of permanent residence, if the person has gone to the state within the territory comprising the European Economic Area and Switzerland of which the person is a national or of which the person in relation to whom the person is a family member is a national.

(3) For the purposes of sub-paragraph (2), a person had the right of permanent residence if they had a right which arose under Directive 2004/38 to reside permanently in the United Kingdom without restriction.]

Textual Amendments

EU nationals [F49etc.]E+W

F509.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F519A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

United Kingdom nationalsE+W

[F529B.—(1) A person—

(a)who on the relevant date is—

(i)a United Kingdom national; or

(ii)a family member of a person mentioned in sub-paragraph (i);

(b)who was ordinarily resident immediately before IP completion day—

(i)in the territory comprising the European Economic Area and Switzerland; or

(ii)in the United Kingdom, where that ordinary residence began after 31 December 2017 immediately following a period of ordinary residence in the territory comprising the European Economic Area and Switzerland,

and has remained ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the period beginning on IP completion day and ending immediately before the relevant date;

(c)who is ordinarily resident in Wales on the relevant date;

(d)who has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the relevant date; and

(e)subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland has not during any part of the period referred to in paragraph (d) been wholly or mainly for the purpose of receiving full-time education.

(2) Paragraph (e) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland in accordance with paragraph 1(7).

(3) Where a person (“P”) falls within sub-paragraph (1)(a)(ii), the person in relation to whom P is a family member must also meet the requirements of sub-paragraph (1)(b) and (d).]

Textual Amendments

F539BA.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F549C.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Persons resident in GibraltarE+W

F559D.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F56EU nationals ordinarily resident in the United Kingdom and Islands]E+W

10.  A person who—

(a)on the relevant date, is an EU national F57...;

(b)is ordinarily resident in Wales on the relevant date;

(c)has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the relevant date; and

(d)in a case where the person’s ordinary residence referred to in sub-paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising [F58the United Kingdom, Gibraltar] the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in sub-paragraph (c).

Textual Amendments

Commencement Information

I9Sch. 1 para. 10 in force at 5.12.2014, see reg. 1

[F5910A.  A person with protected rights who—E+W

(a)on the relevant date is an EU national;

(b)is ordinarily resident in Wales on the relevant date;

(c)has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the relevant date; and

(d)in a case where the person’s ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland immediately prior to the period of ordinary residence referred to in paragraph (c).]

Textual Amendments

Children of Swiss nationalsE+W

[F6011.—(1) A person who—

(a)on the relevant date, is the child of a Swiss national who is entitled to support from the Secretary of State by virtue of Article 3(6) of Annex 1 to the Swiss Agreement;

(b)is ordinarily resident in Wales on the relevant date;

(c)has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and

(d)in a case where the person’s ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (c).

(2) Any description of person who would have been eligible under this paragraph immediately before implementation period completion day is to be eligible on and after implementation period completion day.]

Textual Amendments

[F6111A.  A person with protected rights who—E+W

(a)on the relevant date is the child of a Swiss national who is entitled to support in the United Kingdom by virtue of Article 18(2) of the Swiss citizens’ rights agreement;

(b)is ordinarily resident in Wales on the relevant date;

(c)has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the relevant date; and

(d)in a case where the person’s ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland immediately prior to the period of ordinary residence referred to in paragraph (c).]

Textual Amendments

Children of Turkish workersE+W

12.  A person who—

(a)on the relevant date, was the child of a Turkish worker;

(b)is ordinarily resident in Wales on the relevant date; and

(c)has been ordinarily resident in the territory comprising [F62the United Kingdom, Gibraltar,] the European Economic Area, Switzerland and Turkey throughout the three-year period preceding the first day of the first academic year of the course.

Textual Amendments

Commencement Information

I10Sch. 1 para. 12 in force at 5.12.2014, see reg. 1

[F6312A.  A person who—E+W

(a)is the child of a Turkish worker (“T”), where T was ordinarily resident in the United Kingdom immediately before IP completion day;

(b)immediately before IP completion day—

(i)was the child of T; and

(ii)was ordinarily resident in the United Kingdom;

(c)is ordinarily resident in Wales on the relevant date; and

(d)has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area, Switzerland and Turkey throughout the three-year period preceding the first day of the first academic year of the course.]

Textual Amendments

Regulation 26

SCHEDULE 2E+WSTUDENT’S CONTRIBUTION

PART 1E+WInterpretation

1.—(1) In this Schedule—E+W

“financial year” (“blwyddyn ariannol”) means the period of twelve months in respect of which the income of a person whose residual income is calculated under the provisions of Part 2 of this Schedule is computed for the purposes of the income tax legislation which applies to it;

“household income” (“incwm yr aelwyd”) has the meaning given in paragraph 2;

“Member State” (“Aelod-wladwriaeth”) means a Member State of the European Union;

“parent” (“rhiant”) means a natural or adoptive parent and “child” (“plentyn”), “mother” (“mam”) and “father” (“tad”) are to be construed accordingly;

“partner” (“partner”) in relation to an eligible student means any of the following—

(i)

the spouse of the eligible student;

(ii)

the civil partner of the eligible student;

(iii)

a person ordinarily living with the eligible student as if the person were the spouse of the student where the eligible student is aged 25 or over on the first day of the relevant year and the eligible student begins the designated course on or after 1 September 2000;

(iv)

a person ordinarily living with the student as if that person were the student’s civil partner where the eligible student is aged 25 or over on the first day of the relevant year and the eligible student begins the designated course on or after 1 September 2005;

“preceding financial year” (“blwyddyn ariannol flaenorol”) means the financial year immediately preceding the relevant year;

“relevant year” (“blwyddyn berthnasol”) means the academic year in respect of which the household income falls to be assessed;

“residual income” (“incwm gweddilliol”) means taxable income after the application of paragraph 3 (in the case of an eligible student) and paragraph 4 (in the case of a student’s partner);

“taxable income” (“incwm trethadwy”) means, in relation to paragraph 3, in respect of an academic year for which support is sought and, in relation to paragraph 4, in respect (subject to sub-paragraphs (3), (4) and (5) of paragraph 4) of the preceding financial year, a person’s taxable income from all sources computed as for the purposes of—

(a)

the Income Tax Acts;

(b)

the income tax legislation of [F64an EEA State] or Switzerland which applies to the person’s income;

(c)

[F65where the legislation of—

(i)

the United Kingdom and one or more EEA State or Switzerland;

(ii)

more than one EEA State; or

(iii)

an EEA State and Switzerland,

applies to the period, the legislation under which the Welsh Ministers consider the person will pay the largest amount of tax in that period (except as otherwise provided in paragraph 4),]

(2) The income referred to in this sub-paragraph is any benefits under a pension arrangement pursuant to an order made under section 23 of the Matrimonial Causes Act 1973(5) which includes provision made by virtue of sections 25B(4) and 25E(3) of that Act or pension benefits under Part 1 of Schedule 5 to the Civil Partnership Act 2004(6) which includes provision made by virtue of Parts 6 and 7 of that Schedule.

Textual Amendments

Commencement Information

I11Sch. 2 para. 1 in force at 5.12.2014, see reg. 1

PART 2E+WCalculation of contribution

Household incomeE+W

2.—(1) The amount of an eligible student’s contribution depends on the household income.

(2) The household income is—

(a)in the case of an eligible student who has a partner, the residual income of the student aggregated with the residual income of that student’s partner; or

(b)in the case of an eligible student who does not have a partner, the residual income of that student.

(3) In determining the household income under sub-paragraph (2), the sum of £1,130 is deducted for each child wholly or mainly financially dependent on the eligible student or the eligible student’s partner.

Commencement Information

I12Sch. 2 para. 2 in force at 5.12.2014, see reg. 1

Calculation of the student’s residual incomeE+W

3.—(1) For the purpose of determining the residual income of an eligible student, there is to be deducted from the eligible student’s taxable income (unless already deducted in determining taxable income) the aggregate of any amounts falling within any of the following paragraphs—

(a)any remuneration for work done during any academic year of the eligible student’s course, provided that such remuneration does not include any sums paid in respect of any period for which the eligible student has leave of absence or is relieved of normal duties for the purpose of attending that course;

(b)the gross amount of any premium or other sum paid by the eligible student in relation to a pension (not being a pension payable under a policy of life assurance) in respect of which relief is given under section 188 of the Finance Act 2004(7), or where the student’s income is computed for the purpose of the income tax legislation of [F66a Member State], the gross amount of any such premium or sum in respect of which relief would be given if that legislation made provision equivalent to the Income Tax Acts.

(2) Where the eligible student receives income in a currency other than sterling, the value of that income for the purpose of this paragraph is—

(a)if the student purchases sterling with the income, the amount of sterling the student so receives; or

(b)otherwise, the value of the sterling the income would purchase using the rate for the month in which it is received published by the Office for National Statistics(8).

Textual Amendments

Commencement Information

I13Sch. 2 para. 3 in force at 5.12.2014, see reg. 1

Calculation of eligible student’s partner’s residual incomeE+W

4.—(1) For the purposes of determining the taxable income of an eligible student’s partner (“A” in this paragraph), any deductions which fall to be made or exemptions which are permitted—

(a)by way of personal reliefs provided for in Chapter 1 of Part VII of the Income and Corporation Taxes Act 1988, or where the income is computed for the purposes of the income tax legislation of [F67an EEA State] or Switzerland, the gross amount of any such premium in respect of which relief would be given if that legislation made provision equivalent to the Income Tax Acts;

(b)pursuant to any enactment or rule of law under which payments which would otherwise under United Kingdom law form part of a person’s income are not treated as such; or

(c)under sub-paragraph (2),

are not to be made or permitted.

(2) For the purpose of determining the residual income of A, there is to be deducted from the taxable income determined under sub-paragraph (1) the aggregate of any amounts falling within any of the following paragraphs—

(a)the gross amount of any premium or other sum paid by the student in relation to a pension (not being a pension payable under a policy of life assurance) in respect of which relief is given under section 188 of the Finance Act 2004, or where the student’s income is computed for the purpose of the income tax legislation of [F67an EEA State] or Switzerland, the gross amount of any such premium or sum in respect of which relief would be given if that legislation made provision equivalent to the Income Tax Acts;

(b)in any case where income is computed in accordance with sub-paragraph (6), any sums equivalent to the deduction mentioned in paragraph (a) of this sub-paragraph, provided that any sums so deducted are not to exceed the deductions which would be made if the whole of the eligible student’s partner’s income were in fact income for the purposes of the Income Tax Acts; and

(c)in the case where A holds a statutory award, £1,130.

(3) Where the Welsh Ministers are satisfied that A’s income in the financial year beginning immediately before the relevant year (“the current financial year”) is likely to be not more than 85 per cent of the sterling value of A’s income in the preceding financial year the Welsh Ministers must, for the purpose of enabling the eligible student to attend the course without hardship, ascertain the household income for the current financial year.

(4) Where the Welsh Ministers are satisfied that A’s income in any financial year is, as a result of any event, likely to be and to continue after that year to be not more than 85 per cent of the sterling value of A’s income in the previous financial year the Welsh Ministers must, for the purpose of enabling the eligible student to attend the course without hardship, ascertain the household income for the academic year of the student’s course in which that event occurred by taking as the residual income of A the average of A’s residual income for each of the financial years in which that academic year falls.

(5) Where A satisfies the Welsh Ministers that A’s income is wholly or mainly derived from the profits of a business or profession carried on by A, then any reference in this Part of the Schedule to a preceding financial year is to be read as a reference to the earliest period of twelve months which ends after the start of the preceding financial year and in respect of which accounts are kept relating to that business or profession.

(6) Where A is in receipt of any income which does not form part of A’s income for the purposes of the Income Tax Acts or the income tax legislation of [F67an EEA State] or Switzerland by reason only that—

(a)A is not resident or domiciled in the United Kingdom, or where A’s income is computed as for the purposes of the income tax legislation of [F67an EEA State] or Switzerland, not so resident or domiciled in that EEA State or Switzerland;

(b)the income does not arise in the United Kingdom, or where A’s income is computed for the purposes of the income tax legislation of [F67an EEA State] or Switzerland, does not arise in that EEA State or Switzerland; or

(c)the income arises from an office, service or employment, income from which is exempt from tax in pursuance of any legislation,

A’s taxable income for the purpose of this Schedule is to be computed as though the income under this sub-paragraph were part of A’s income for the purpose of the Income Tax Acts or the income tax legislation of [F67an EEA State] or Switzerland, as the case may be.

(7) Where A’s income is computed as for the purposes of the income tax legislation of [F67an EEA State] or Switzerland, it is to be computed under the provisions of this Schedule in the currency of that EEA State or Switzerland and A’s income for the purposes of this Schedule is the sterling value of that income determined in accordance with the rate for the month in which the last day of the financial year in question falls, as published by the Office for National Statistics.

(8) Where the Welsh Ministers determine that the eligible student and the eligible student’s partner were separated for the duration of the relevant year, the partner’s income is not taken into account in determining the household income.

(9) Where the Welsh Ministers determine that the eligible student and the eligible student’s partner separated in the course of the relevant year, the partner’s income is determined by reference to the partner’s income under sub-paragraph (1) divided by fifty-two and multiplied by the number of complete weeks in the relevant year for which the Welsh Ministers determine that the eligible student and the eligible student’s partner were not separated.

(10) Where an eligible student has more than one partner in any one academic year, the provisions of this paragraph apply in relation to each.

Textual Amendments

Commencement Information

I14Sch. 2 para. 4 in force at 5.12.2014, see reg. 1

Calculation of contributionE+W

5.—(1) An eligible student’s contribution is to be calculated in accordance with this regulation.

(2) The contribution payable by an eligible student is—

(a)in any case where the household income exceeds £50,753, £1 for every £5 by which the household income exceeds £50,753; and

(b)in any case where the household income is £50,753 or less, nil.

(3) The amount of contribution is not to exceed £6,208.

Commencement Information

I15Sch. 2 para. 5 in force at 5.12.2014, see reg. 1

(1)

OJ L158, 30.04.2004, pp. 77-123.

(2)

1971 c. 77; section 33(2A) was inserted by paragraph 7 of Schedule 4 to the British Nationality Act 1981 (c. 61).

(3)

Cm. 4904.

(4)

OJ No L141, 27.05.2011, p. 1.

(5)

1973 c. 18; section 23 was amended by the Administration of Justice Act 1982 (c. 53), section 16. Section 25B was inserted by the Pensions Act 1995 (c. 26), section 166(1) and was amended by the Welfare Reform and Pensions Act 1999 (c. 30), Schedule 4. Section 25E was inserted by the Pensions Act 2004 (c. 35), section 319(1), Schedule 12, paragraph 3.

(6)

2004 c. 33; paragraph 25 of Schedule 5 was modified by S.I. 2006/1934, and Part 7 of Schedule 5 was amended by the Pensions Act 2008 (c. 30), Schedules 6 and 11.

(7)

2004 c. 12. Section 188 was amended by the Finance Act 2007 (c. 11), sections 68 and 114 and Schedules 18 and 27, the Finance Act 2013 (c. 29), section 52 and the Finance Act 2014 (c. 26), Schedule 7.

(8)

“Financial Statistics” (ISSN 0015-203X).

Yn ôl i’r brig

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