The Education (Student Finance) (Miscellaneous Amendments) (No. 3) (Wales) Regulations 2023

PART 5 Amendments to the Education (Student Support) (Wales) Regulations 2017

CHAPTER 1 Introduction

18.  The Education (Student Support) (Wales) Regulations 2017(1) are amended in accordance with this Part.

CHAPTER 2 Family members of Ukrainian nationals

19.  In regulation 4(10F)—

(a) in sub-paragraph (a), after “Ukrainian national” insert “or the spouse, civil partner, child or step-child of such a person”;

(b) in sub-paragraph (b), for “A is allowed to stay in the United Kingdom” substitute “the person granted leave to enter or remain”.

20.  At the end of each of regulations 15(bc), 23(12)(bc), 49(2)(bc), 82(4)(bc) and 111(2)(bc), insert “or the spouse, civil partner, child or step-child of such a person”.

21.  In regulation 81(10F)—

(a) in sub-paragraph (a), after “Ukrainian national” insert “or the spouse, civil partner, child or step-child of such a person”;

(b) in sub-paragraph (b), for “A is allowed to stay in the United Kingdom” substitute “the person granted leave to enter or remain”.

22.  In regulation 110(12F)—

(a) in sub-paragraph (a), after “Ukrainian national” insert “or the spouse, civil partner, child or step-child of such a person”;

(b) in sub-paragraph (b), for “A is allowed to stay in the United Kingdom” substitute “the person granted leave to enter or remain”.

23.  In Schedule 1, in paragraph 4ZC—

(a) the existing text becomes sub-paragraph (1);

(b) after that sub-paragraph insert—

“(2) A person who—

(a) is the spouse or civil partner of a protected Ukrainian national;

(b) on the leave application date was the spouse or civil partner of that person;

(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; and

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

(3) A person who—

(a) is—

(i) the child of a protected Ukrainian national; or

(ii) the child of a spouse or civil partner of a protected Ukrainian national;

(b) on the leave application date was—

(i) under 18 years old; and

(ii) the child of a protected Ukrainian national or, as the case may be, the child of a person who was the spouse or civil partner of a protected Ukrainian national;

(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; and

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

(4) 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 protected Ukrainian national.”

24.  In Schedule 4, in paragraph 6(ac), at the end insert “or the spouse, civil partner, child or step-child of such a person”.

CHAPTER 3 Scottish healthcare allowances

25.  In regulation 2(1)—

(a) in the definition of “bursary year” omit “or a Scottish healthcare allowance”;

(b) omit the definition of “Scottish healthcare allowance”.

26.  For regulation 4(3)(c) substitute—

“(c) there has been bestowed on, or paid to, A in relation to A’s attendance on the course a healthcare bursary, other than a universal healthcare bursary, the amount of which is not calculated by reference to A’s income;”.

27.  For regulation 7(5)(b) substitute—

“(b) the eligible student is to receive any payment under a healthcare bursary the amount of which is calculated by reference to the student’s income; or”.

28.  For regulation 81(3)(a) substitute—

“(a) there has been bestowed on, or paid to, A in relation to A undertaking the part-time course, a healthcare bursary whether or not the amount of such bursary is calculated by reference to A’s income;”.

29.  Omit regulation 110(4)(a)(ii).

CHAPTER 4 Amendments relating to healthcare bursary – loan for living costs

30.  In regulation 43—

(a) in the heading, omit “undertaking their first year of study”;

(b) in paragraph (1), omit “who is undertaking their first year of study”.

31.  In regulation 45—

(a) in paragraph (1), omit sub-paragraph (a);

(b) in paragraph (2), omit sub-paragraph (a).

32.  In regulation 52(i)(i), omit “regulation 23(3) or”.

(1)

S.I. 2017/47 (W. 21), amended by S.I. 2022/79 (W. 28), S.I. 2022/764 (W. 166) and S.I. 2023/87 (W. 17). There are other amending instruments but none are relevant.