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The Education (Student Support) (Postgraduate Master's Degrees) (Wales) Regulations 2019

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  • Regulations text amended by S.I. 2020/143 reg. 32-34 (These amendments not applied to legislation.gov.uk. Affecting Regulations revoked (14.2.2020) without ever being in force by S.I. 2020/154, regs. 2, 3)

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PART 4 E+WKey concepts

CHAPTER 1E+WDesignated courses

Designated coursesE+W

5.  In these Regulations (and for the purposes of section 22 of the Teaching and Higher Education Act 1998 (“the 1998 Act”)), a course is a designated course if it—

(a)satisfies each of the conditions in regulation 6, and

(b)does not fall within any of the exceptions in regulation 7.

Commencement Information

I1Reg. 5 in force at 27.5.2019, see reg. 1(2)

Designated courses – conditionsE+W

6.—(1) The conditions are—

Condition 1

The course is one which—

(a)leads to an award granted or to be granted by a body falling within section 214(2)(a) or (b) of the Education Reform Act 1988 M1, and

(b)the teaching and supervision which comprise the course have been approved by that body.

Condition 2

The course is one of the following—

(a)a full-time course of one or two academic years' duration, or

(b)a part-time course which it is ordinarily possible to complete in up to four academic years.

Condition 3

The course is provided by—

(a)a Welsh funded institution, a Scottish funded institution, a Northern Irish funded institution or an English regulated institution (whether alone or in conjunction with an institution within or outside the United Kingdom), or

(b)a registered English institution on behalf of an English plan provider.

Condition 4

At least half of the teaching and supervision which comprise the course is provided in the United Kingdom.

(2) For the purposes of Condition 3—

(a)a course is provided by an institution if it provides the teaching and supervision which comprise the course, whether or not the institution has entered into an agreement with the student to provide the course;

(b)a university and any constituent college or institution in the nature of a college of a university is regarded as—

(i)a Welsh funded institution,

(ii)a Scottish funded institution,

(iii)a Northern Irish funded institution,

(iv)an English regulated institution,

(v)a registered English institution, or

(vi)an English plan provider,

if either the university or the constituent college or institution is such an institution;

(c)an institution is not regarded as a Welsh funded institution by reason only that it receives funds from the governing body of a higher education institution as a connected institution in accordance with section 65(3A) and (3B) of the Further and Higher Education Act 1992 M2.

Commencement Information

I2Reg. 6 in force at 27.5.2019, see reg. 1(2)

Marginal Citations

Designated courses – exceptionsE+W

7.  A course is not a designated course if it is recognised as a designated course for the purposes of—

(a)regulation 5 or 83 of the Education (Student Support) (Wales) Regulations 2017 M3 (“the 2017 Student Support Regulations”);

(b)regulation 5 or 8 of the Education (Student Support) (Wales) Regulations 2018 M4 (“the 2018 Student Support Regulations”);

(c)regulation 4 of the Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 2018 M5 (“the 2018 Doctoral Degree Loans Regulations”).

Commencement Information

I3Reg. 7 in force at 27.5.2019, see reg. 1(2)

Marginal Citations

M3S.I. 2017/47 (W. 21), amended by S.I. 2018/191 (W. 42) and S.I. 2018/814 (W. 165).

M4S.I. 2018/191 (W. 42), amended by S.I. 2018/813 (W. 164) and S.I. 2018/814 (W. 165).

M5S.I. 2018/656 (W. 124), amended by S.I. 2018/814 (W. 165).

Designation of other coursesE+W

8.—(1) The Welsh Ministers may specify that a course is to be treated as a designated course despite the fact that, but for the specification, it would not otherwise be a designated course.

(2) The Welsh Ministers may suspend or revoke the specification of a course made under paragraph (1).

Commencement Information

I4Reg. 8 in force at 27.5.2019, see reg. 1(2)

CHAPTER 2E+WEligibility

Eligible studentsE+W

9.—[F1(1) A person is an eligible student in connection with a designated course that the person is undertaking if—

(a)the person falls within one of the categories set out—

(i)in paragraph 1, 2, 2A, 2B, [F22C,] 4, 6A, 7A, 8A, 8B, [F38BA,] [F48BB,] 8C, 8D, 9A or 10A of Schedule 2, or

(ii)in paragraph 6, 7, 8, 9 or 10 of Schedule 2 where paragraph (1A) applies, and

(b)none of the exceptions in regulation 10 apply to the person.

(1A) This paragraph applies where—

(a)in connection with a designated course beginning before 1 August 2021 the Welsh Ministers—

(i)in assessing an application for support by a person (“A”) determined that A fell within one of the categories set out in paragraph 6, 7, 8, 9 or 10 of Schedule 2 in relation to an academic year of the course beginning before 1 August 2021, or

(ii)would have so determined had A made an application for support in accordance with these Regulations in relation to an academic year of the course beginning before that date, and

(b)A applies for support in connection with—

(i)that course, or

(ii)a designated course to which A’s status as an eligible student is transferred in accordance with these Regulations.]

(2) A person may, at any given time, be an eligible student only in connection with one designated course.

Textual Amendments

Commencement Information

I5Reg. 9 in force at 27.5.2019, see reg. 1(2)

Eligible students – exceptionsE+W

10.—(1) A person (“P”) is not an eligible student if any of the following exceptions applies—

  • Exception 1

    P is in breach of any obligation to repay any loan.

  • Exception 2

    P has reached the age of 18 and has not ratified any agreement for a loan made with P when P was under the age of 18.

  • Exception 3

    The Welsh Ministers think that P's conduct is such that P is not fit to receive support.

  • Exception 4

    P is a prisoner, unless P is an eligible prisoner.

  • Exception 5

    P is enrolled on a course which is a designated course under—

    (a)

    regulation 5, 66 or 83 of the 2017 Student Support Regulations and is receiving support under those Regulations for that course;

    (b)

    regulation 5 of the 2018 Student Support Regulations and is receiving support under those Regulations for that course;

    (c)

    regulation 4 of the 2017 Master's Degree Loans Regulations and is receiving support under those Regulations for that course;

    (d)

    regulation 4 of the 2018 Doctoral Degree Loans Regulations and is receiving support under those Regulations for that course.

  • Exception 6

    P has already obtained an equivalent or higher qualification.

  • Exception 7

    P has already enrolled on a designated course and is in receipt of support under these Regulations for that course.

  • Exception 8

    P has previously received support in respect of a course—

    (a)

    under these Regulations,

    (b)

    under the 2017 Master's Degree Loans Regulations, or

    (c)

    in the form of a loan provided out of funds provided by a government authority within the United Kingdom.

    But P may be an eligible student despite this exception if the Welsh Ministers are of the view that P had not been able to complete the course to which the previous loan related due to compelling personal reasons.

  • Exception 9

    In respect of P undertaking the designated course, there has been bestowed on or paid to P—

    (a)

    a healthcare bursary;

    (b)

    F5...

    (c)

    any allowance, bursary or award of similar description made under section 67(4)(a) of the Care Standards Act 2000 M6 [F6, or under section 46 of the Children and Social Work Act 2017,] save to the extent that A is eligible for such a payment in respect of travel expenses;

    (d)

    F7...

    (e)

    any allowance, bursary or award made under the KESS 2 Scheme.

  • [F8Exception 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.]

  • Exception 10

    The designated course is a distance learning course and P is not in Wales on the first day of the first academic year of the course.

    But this exception does not apply where—

    • [F9Case 1]

      (a)

      P or a close relative of P is a member of the armed forces,

      (b)

      P is not in Wales on the first day of the first academic year, and

      (c)

      P is not in Wales on that day because P or the close relative is serving as a member of the armed forces outside Wales[F10; or]

    • [F11Case 2

      (a)

      the first day of the first academic year of the course is on or after 1 September 2020; and

      (b)

      P is unable to be in Wales on the first day of the first academic year of the course for a reason related to coronavirus.]

  • Exception 11

    P is aged 60 or over on the first day of the first academic year of the designated course.

  • [F12 Exception 12

    The designated course begins on or after 1 January 2028 and the only paragraph or paragraphs of Schedule 2 into which P falls is one or more of paragraphs 7A, 8B [F13, 8BA] or 8D.]

(2) In Exceptions 1 and 2, “loan” means a loan made under any provision of the student loans legislation.

(3) The Welsh Ministers may only exercise their discretion under Exception 8 once in respect of a particular student.

Textual Amendments

Commencement Information

I6Reg. 10 in force at 27.5.2019, see reg. 1(2)

Marginal Citations

Period of eligibility – general ruleE+W

11.—(1) A student's status as an eligible student in connection with a designated course is retained until the end of the student's period of eligibility unless terminated in accordance with regulation 12 [F14, 12A] or 13.

(2) A student's period of eligibility ends at the end of the academic year in which the student completes the designated course.

Textual Amendments

Commencement Information

I7Reg. 11 in force at 27.5.2019, see reg. 1(2)

Early termination of eligibilityE+W

12.—(1) An eligible student's (“P's”) period of eligibility terminates at the end of the day on which—

(a)P withdraws from P's designated course and the Welsh Ministers do not transfer P's status as an eligible student under regulation 17, or

(b)P abandons or is expelled from P's designated course.

(2) Where—

(a)an eligible student's (“P's”) designated course is a distance learning course, and

(b)P undertakes the course outside the United Kingdom,

P's period of eligibility terminates at the beginning of the first day on which P undertakes the course outside the United Kingdom.

(3) Paragraph (2) does not apply where P is undertaking a distance learning course outside the United Kingdom because P or a close relative of P is serving as a member of the armed forces.

Commencement Information

I8Reg. 12 in force at 27.5.2019, see reg. 1(2)

[F15Persons who cease to have leave to remain under residence scheme immigration rules] E+W

[F1612A.  Where—

(a)the Welsh Ministers have determined that, by virtue of—

(i)falling within [F17paragraph (1)(a)F18... (iv) or (v)] of the definition of “person with protected rights”, or

(ii)meeting the conditions in paragraph 1(2)(a)F19... (iv) of Schedule 2,

a person (“A”) is an eligible student in connection with an application for support for a designated course, and

(b)[F20as at the day before the relevant day], A is not a person with protected rights,

A’s status as an eligible student terminates [F21immediately before the relevant day].]

Textual Amendments

[F2212AA.  Where—

(a)the Welsh Ministers have determined that, by virtue of being a person with protected rights with limited leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules, a person (“A”) was an eligible student in connection with an application for support for a designated course; and

(b)as at the end of the day before the relevant day, A no longer has extant limited leave to enter or remain granted by virtue of residence scheme immigration rules, and no further leave to enter or remain has been granted under those rules,

A’s status as an eligible student terminates immediately before the relevant day.]

Textual Amendments

[F23Refugees who cease to have leave to remainE+W

12B.  Where—

(a)the Welsh Ministers have determined that, by virtue of being a refugee or the spouse, civil partner, child or stepchild of a refugee, a person (“A”) was an eligible student in connection with an application for support for a designated course, and

(b)as at the day before the relevant day, the refugee status of A, or of A’s spouse, civil partner, parent or step-parent, as the case may be, has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),

A’s status as an eligible student terminates immediately before the relevant day.

Textual Amendments

Persons who cease to have stateless leaveE+W

12C.  Where—

(a)the Welsh Ministers have determined that, by virtue of being a person granted stateless leave or the spouse, civil partner, child or stepchild of such a person, a person (“A”) was an eligible student in connection with an application for support for a designated course, and

(b)as at the day before the relevant day, the period for which the person granted stateless leave is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no application for administrative review in accordance with the immigration rules is pending,

A’s status as an eligible student terminates immediately before the relevant day.

Textual Amendments

Persons who cease to have leave to enter or remainE+W

12D.  Where—

(a)the Welsh Ministers have determined that, by virtue of being a person with leave to enter or remain or the spouse, civil partner, child or stepchild of such a person, a person (“A”) was an eligible student in connection with an application for support for a designated course, and

(b)as at the day before the relevant day, the period for which the person with leave to enter or remain is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),

A’s status as an eligible student terminates immediately before the relevant day.

Textual Amendments

Persons who cease to have humanitarian protectionE+W

12E.  Where—

(a)the Welsh Ministers have determined that, by virtue of being a person granted leave to enter or remain on the grounds of humanitarian protection under paragraph 339C of the immigration rules or the spouse, civil partner, child or stepchild of such a person, a person (“A”) was an eligible student in connection with an application for support for a designated course, and

(b)as at the day before the relevant day, the period for which the person with leave to enter or remain on the grounds of humanitarian protection under paragraph 339C of the immigration rules is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),

A’s status as an eligible student terminates immediately before the relevant day.

Textual Amendments

Persons who cease to have section 67 leave to remainE+W

12F.  Where—

(a)the Welsh Ministers have determined that, by virtue of being a person with section 67 leave to remain or the child of such a person, a person (“A”) was an eligible student in connection with an application for support for a designated course, and

(b)as at the day before the relevant day, the period for which the person with section 67 leave to remain is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),

A’s status as an eligible student terminates immediately before the relevant day.

Textual Amendments

Persons who cease to have Calais leaveE+W

12G.  Where—

(a)the Welsh Ministers have determined that by virtue of being a person with Calais leave, a person (“A”) was an eligible student in connection with an application for support for a designated course, and

(b)as at the day before the relevant day, the period for which A is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted,

A’s status as an eligible student terminates immediately before the relevant day.

Textual Amendments

Persons who cease to be protected Ukrainian nationalsE+W

12H.  Where—

(a)the Welsh Ministers have determined that, by virtue of being a protected Ukrainian national or the spouse, civil partner, child or stepchild of such a person, a person (“A”) was an eligible student in connection with an application for support for a designated course, and

(b)as at the day before the relevant day, the status of A as a protected Ukrainian national or of A’s spouse, civil partner, parent or step-parent, as the case may be, has expired and no further leave to enter or remain has been granted,

A’s status as an eligible student terminates immediately before the relevant day.

Textual Amendments

Persons who cease to have leave to enter or remain as a relevant Afghan citizenE+W

12I.  Where—

(a)the Welsh Ministers have determined that, by virtue of being a person with leave to enter or remain as a relevant Afghan citizen or the spouse, civil partner, child or stepchild of such a person, a person (“A”) was an eligible student in connection with an application for support for a designated course, and

(b)as at the day before the relevant day, the period for which the person granted leave to enter or remain as a relevant Afghan citizen is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted,

A’s status as an eligible student terminates immediately before the relevant day.

Textual Amendments

12J.  Regulations 12A, 12AA, 12B, 12C, 12D, 12E, 12F, 12G, 12H and 12I do not apply where, as at the end of the day before relevant day—

(a)A, or

(b)the person who, as a result of their immigration status, caused A to be an eligible student,

is a British or Irish citizen.]

Textual Amendments

Misconduct and failure to provide accurate informationE+W

13.—(1) The Welsh Ministers may terminate an eligible student's period of eligibility if they are satisfied that the student's conduct is such that the student is no longer fit to receive support.

(2) Paragraph (3) applies if the Welsh Ministers are satisfied that an eligible student—

(a)has failed to comply with a requirement to provide information or documentation under these Regulations, or

(b)has provided information or documentation which was materially inaccurate.

(3) Where this paragraph applies, the Welsh Ministers may—

(a)terminate the student's period of eligibility;

(b)determine that the student does not qualify for a particular category of support or amount of such support.

Commencement Information

I9Reg. 13 in force at 27.5.2019, see reg. 1(2)

Reinstatement of eligibility after terminationE+W

14.  Where a student's period of eligibility terminates under regulation 12 or 13 during the academic year in which the student completes the designated course, the Welsh Ministers may reinstate the student's period of eligibility for such period as they think appropriate.

Commencement Information

I10Reg. 14 in force at 27.5.2019, see reg. 1(2)

Students becoming eligible during a courseE+W

15.  Where one of the events listed in regulation 16(1) occurs during the currency of a student's course, a student may qualify for support under these Regulations, provided the student complies with the application provisions set out in Part 5.

Commencement Information

I11Reg. 15 in force at 27.5.2019, see reg. 1(2)

16.—(1) The events are—

(a)the student's course becomes a designated course;

(b)the student becomes an eligible student on the grounds that—

[F24(i)the student or the student’s spouse, civil partner or parent is recognised as a refugee, becomes a person granted stateless leave, becomes a person with leave to enter or remain or becomes a person granted humanitarian protection under paragraph 339C of the immigration rules;]

[F25(ia)the student becomes a person with leave to enter or remain as a relevant Afghan citizen [F26or the spouse, civil partner, child or stepchild of such a person];]

[F27(ib)the student becomes a protected Ukrainian national [F28or the spouse, civil partner, child or stepchild of such a person];]

F29[F27(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F30(iii)the student becomes a family member described in paragraph 8A(1)(a), 8B(1)(a), 8C(a) [F31, 8D(1)(a) or 8D(2)(a)] of Schedule 2;]

[F32(iv)the student becomes a person described in paragraph 1(2)(a) of Schedule 2;]

F33(v). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(vi)the student becomes a person described in paragraph [F346A(1)(a)] of Schedule 2;

[F35(vii)the student becomes a person described in paragraph 9A(a) of Schedule 2;]

(viii)the student or the student's parent becomes a person with section 67 leave to remain [F36or a person granted leave to remain as a protected partner];

[F37(ix)the student becomes a person with Calais leave.]

(c)the student commences a designated course after the start date of the designated course as the relevant academic authority has permitted the student to commence the course at this later start date.

(2) In this regulation, the following terms have the same meaning as in Schedule 2—

F38...

“family member” (“aelod o deulu”) F39...;

[F40“ immigration rules ” (“rheolau mewnfudo”);]

“parent” (“rhiant”);

[F41“person granted leave to remain as a protected partner” (“person y rhoddwyd caniatâd iddo aros fel partner a ddiogelir”);]

“person granted stateless leave” (“person y rhoddwyd caniatâd iddo aros fel person diwladwriaeth”);

[F41“person with Calais leave (“person sydd â chaniatâd Calais”);]

“person with leave to enter or remain” (“person sydd â chaniatâd i ddod i mewn neu i aros”);

[F42 “ 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”);]

“person with section 67 leave to remain” (“person sydd â chaniatâd i aros o dan adran 67”);

[F43“ protected Ukrainian national ” (“gwladolyn Wcreinaidd a ddiogelir”);]

“refugee” (“ffoadur”);

F44...

F45...]

Textual Amendments

Commencement Information

I12Reg. 16 in force at 27.5.2019, see reg. 1(2)

Transfer of statusE+W

17.—(1) Where an eligible student (“P”) transfers from a designated course to another designated course (“the new course”), the Welsh Ministers must transfer the student's status as an eligible student to the new course if—

(a)they receive a request from the student to do so,

(b)they are satisfied that one of the grounds for transfer applies (see paragraph (2)), and

(c)the student's period of eligibility has not terminated.

(2) The grounds for transfer are—

(a)on the recommendation of the academic authority P ceases one designated course and starts to undertake another designated course at the same institution; or

(b)P starts to undertake a designated course at another institution.

(3) Where P transfers under paragraph (1), P is entitled to receive in connection with the course to which P transfers, the remainder of the support, if any, in accordance with regulation 33 and where relevant regulation 36, in respect of the course from which P transfers.

Commencement Information

I13Reg. 17 in force at 27.5.2019, see reg. 1(2)

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