The Education (Student Support) (Wales) Regulations 2018

1. Introductory Text

2. PART 1 TITLE, COMMENCEMENT AND APPLICATION

   1. 1. Title and commencement

   2. 2. Application

3. PART 2 OVERVIEW

   1. 3. (1) The remaining Parts of these Regulations are arranged as...

4. PART 3 INTERPRETATION AND INDEX

   1. 4. Interpretation and index

5. PART 4 KEY CONCEPTS

   1. CHAPTER 1 DESIGNATED COURSES

      1. 5. Designated courses

      2. 6. Designated courses – conditions

      3. 7. Designated courses – exceptions

      4. 8. Designation of other courses

   2. CHAPTER 2 ELIGIBILITY

      1. SECTION 1 Eligible students

         1. 9. Eligible students

         2. 10. Eligible students - exceptions

         3. 11. Eligible students continuing on a course

      2. SECTION 2 Period of eligibility

         1. 12. Period of eligibility – general rule

         2. 13. Part-time courses – no eligibility for years of low intensity study

         3. 14. Maximum period of eligibility – tuition fee loans and grants for new students

         4. 15. Maximum period of eligibility – tuition fee loans and specified grants for students who undertook a previous course

         5. 16. Maximum period of eligibility – tuition fee loans and grants for certain continuing students

         6. 17. Maximum period of eligibility – interpretation

         7. 18. Extension of maximum period where student receives incorrect notification

      3. SECTION 3 Termination of eligibility

         1. 19. Early termination of eligibility

         2. 20. Misconduct and failure to provide accurate information

         3. 21. Reinstatement of eligibility after termination

         4. 22. Refugees who cease to have leave to remain

         5. 22A. Persons who cease to have stateless leave

         6. 23. Other persons who cease to have leave to enter or remain

         7. 23A. Persons who cease to have section 67 leave to remain

         8. 23B. Persons who cease to have Calais leave

         9. 23C. Persons who cease to have leave to remain as a protected partner

         10. 23D. Persons who cease to have leave to remain under residence scheme immigration rules

         11. 23E. Where— (a) the Welsh Ministers have determined that, by virtue...

         12. 23F. (1) This regulation applies where— (a) a person (“P”) was...

         13. 23G. (1) This regulation applies where— (a) a person (“P”) was...

         14. 23H. Regulations 22, 22A, 23, 23A, 23B, 23C, 23D, 23E, 23F...

      4. SECTION 4 Previous study

         1. 24. Full-time students – restrictions on support for honours graduates

         2. 25. Part-time students – restrictions on support for graduates

         3. 26. Restrictions lifted where incorrect notification received

         4. 27. Further restriction on support for part-time students

      5. SECTION 5 Transfers and conversions

         1. 28. Transfer of status

         2. 29. Effect of transfer – tuition fee loans

         3. 30. Effect of transfer – grants and maintenance loans

         4. 31. Transfers involving conversions between part-time and full-time study

6. PART 5 APPLICATIONS, PROVIDING INFORMATION AND LOAN CONTRACTS

   1. 32. Requirement to apply for support

   2. 33. Time limit for making application

   3. 34. Welsh Ministers' decision on an application

   4. 34A. (1) This regulation applies where— (a) a person (“P”) makes...

   5. 35. Requirements on eligible students to provide information

   6. 36. Requirement to enter into a contract for a loan

   7. 37. Requirement on academic authority to notify when student leaves course

7. PART 6 TUITION FEE LOANS

   1. 38. Tuition fee loan

   2. 39. Qualifying conditions for tuition fee loan

   3. 40. Amount of tuition fee loan

   4. 41. Applying for a fee loan for less than the maximum amount

   5. 42. Further application for tuition fee loan up to maximum amount

8. PART 7 BASE GRANT AND MAINTENANCE GRANT

   1. CHAPTER 1 QUALIFYING CONDITIONS

      1. 43. Base grant and maintenance grant

      2. 44. Qualifying conditions for base grant and maintenance grant

   2. CHAPTER 2 BASE GRANT

      1. 45. Amount of base grant

   3. CHAPTER 3 MAINTENANCE GRANT

      1. 46. Amount of maintenance grant: full-time students

      2. 47. Amount of maintenance grant: part-time students

      3. 48. Household income

      4. 49. Meaning of care leaver

   4. CHAPTER 4 SPECIAL SUPPORT PAYMENT

      1. 50. Special support payment

      2. 51. Special support payment: qualifying conditions

      3. 52. Maximum amount of maintenance grant treated as special support payment

9. PART 8 MAINTENANCE LOAN

   1. 53. Maintenance loan

   2. 54. Qualifying conditions for a maintenance loan

   3. 55. Amount of maintenance loan: full-time students

   4. 56. Amount of maintenance loan: full-time students who qualify for special support payment

   5. 57. Increased maintenance loan for full-time students in extended years

   6. 58. Amount of maintenance loan: part-time students

   7. 58A. Amount of maintenance loan: part-time students who qualify for special support payment

   8. 3. Step 3

   9. 59. Applying for maintenance loan for less than the maximum amount

   10. 60. Further application for maintenance loan up to maximum amount

10. PART 9 DISABLED STUDENT'S GRANT

    1. 61. Disabled student's grant

    2. 62. Qualifying conditions for disabled student's grant

    3. 63. Amount of disabled student's grant

11. PART 10 GRANTS FOR TRAVEL

    1. 64. Grant for travel

    2. 65. Grant for travel for medical students

    3. 66. Grant for travel for study or work overseas

    4. 67. Grant for travel not payable for expenditure covered by disabled student's grant

12. PART 11 GRANTS FOR DEPENDANTS

    1. CHAPTER 1 INTRODUCTION

       1. 68. Grants for dependants

       2. 69. Qualifying conditions for grants for dependants

       3. 70. Interpretation of this Part

    2. CHAPTER 2 ADULT DEPENDANTS GRANT

       1. 71. Adult dependants grant

       2. 72. Maximum amount of adult dependants grant

    3. CHAPTER 3 PARENTS' LEARNING GRANT

       1. 73. Parents' learning grant

       2. 74. Maximum amount of parents' learning grant

    4. CHAPTER 4 CHILDCARE GRANT

       1. 75. Childcare grant

       2. 76. Maximum amount of childcare grant

    5. CHAPTER 5 AMOUNT OF GRANT FOR DEPENDANTS PAYABLE

       1. 77. Grants for dependants: calculating the amount payable

       2. 78. Amount of adult dependants grant and childcare grant: eligible student's partner is an eligible student

       3. 79. Changes in circumstances

13. PART 12 QUALIFYING FOR SUPPORT DURING THE ACADEMIC YEAR

    1. 80. Qualifying for a tuition fee loan during the academic year

    2. 81. Qualifying for grants or maintenance loan during the academic year

14. PART 13 PAYMENTS, OVERPAYMENTS AND RECOVERY

    1. CHAPTER 1 PAYMENT FOLLOWING A PROVISIONAL DECISION

       1. 82. Payment based on provisional assessment

    2. CHAPTER 2 PAYMENT OF TUITION FEE LOAN

       1. 83. Payment of tuition fee loan

       2. 84. Requirements for payment of tuition fee loan

    3. CHAPTER 3 PAYMENT OF GRANTS AND MAINTENANCE LOANS

       1. 85. Payment of grants and maintenance loans

       2. 86. Students living in more than one location

       3. 87. Confirmation of attendance

       4. 88. Determination of amount payable made after payment made

    4. CHAPTER 4 OVERPAYMENTS AND RECOVERY

       1. 89. Overpayments – general

       2. 90. Recovery of overpayments of grants

       3. 91. Recovery of overpayments of maintenance loans

15. PART 14 RESTRICTIONS ON PAYMENTS AND AMOUNTS PAYABLE

    1. CHAPTER 1 RESTRICTIONS RELATING TO GRANTS AND MAINTENANCE LOANS

       1. 92. Requirement for payment to be made into bank or building society account

       2. 93. Support reduced for periods spent in prison

       3. 94. Support reduced for other periods of absence

       4. 95. Payments when period of eligibility ends or is terminated

    2. CHAPTER 2 RESTRICTIONS RELATING TO LOANS

       1. 96. Requirement to provide national insurance number

       2. 97. Information requirements relating to loans

16. PART 15 DISABLED POSTGRADUATE STUDENT'S GRANT

    1. 98. Schedule 4 makes provision about disabled postgraduate student's grant.

17. PART 16 OXBRIDGE COLLEGE FEE LOANS

    1. 99. Schedule 5 makes provision about Oxbridge college fee loans.

18. PART 17 AMENDMENTS TO THE EDUCATION (STUDENT SUPPORT) (WALES) REGULATIONS 2017

    1. 100. Schedule 6 contains amendments to the 2017 Regulations.

19. Signature

20. SCHEDULES

    1. SCHEDULE 1

       Interpretation

       1. 1. Meaning of academic year

       2. 2. Educational institutions

       3. 2A. (1) In these regulations— (a) “Welsh funded institution” means an...

       4. 3. Location of an eligible student

       5. 4. Meaning of Erasmus year

       6. 5. Part-time students – calculation of intensity of study

       7. 6. Interpretation of other key terms

    2. SCHEDULE 2

       Categories of eligible student

       1. 1. Category 1 – Persons settled in the United Kingdom

       2. 2. Category 2 – Refugees and their family members

       3. 2ZA. Category 2ZA - Protected persons and their family members

       4. 2ZB. Category 2ZB - Persons granted leave to remain as a protected partner and their children

       5. 2ZC. Category 2ZC – Protected Ukrainian nationals

       6. 2A. Category 2A - Persons granted stateless leave and their family members

       7. 3. Category 3 – Persons with leave to enter or remain and their family members

       8. 3A. Category 3A – Persons with section 67 leave to remain

       9. 4. Category 4 – Workers, employed persons, self-employed persons and their family members — courses beginning before 1 August 2021

       10. 4A. Category 4A - Workers, employed persons, self-employed persons and their family members with protected rights

       11. 5. Category 5 – Persons who are settled in the United Kingdom and have exercised a right of residence elsewhere — courses beginning before 1 August 2021

       12. 5A. Category 5A - Persons who are settled in the United Kingdom and have exercised a right of residence elsewhere

       13. 6. Category 6 – EU nationals — courses beginning before 1 August 2021

       14. 6A. Category 6A - EU nationals etc. with protected rights

       15. 6B. Category 6B - United Kingdom nationals

       16. 6BA. Irish citizens in the EEA and Switzerland

       17. 6BB. Category 6BB – Settled persons from the British overseas territories

       18. 6C. Category 6C – Family members of United Kingdom nationals

       19. 6D. Category 6D - Persons resident in Gibraltar

       20. 7. Category 7 – Children of Swiss nationals — courses beginning before 1 August 2021

       21. 7A. Category 7A - Children of Swiss nationals within scope of the Swiss citizens’ rights agreement

       22. 8. Category 8 – Children of Turkish workers — courses beginning before 1 August 2021

       23. 8A. Category 8A - Children of Turkish workers

       24. 9. Ordinary residence – additional provision

       25. 10. Further provision on ordinary residence: care leavers

       26. 11. Interpretation

    3. SCHEDULE 3

       Calculation of income

       1. PART 1 Introduction

          1. 1. Overview of Schedule

       2. PART 2 Household income

          1. 2. Household income of eligible student

          2. 3. Calculation of household income

          3. 4. Independent eligible students

          4. 5. Eligible student's parent dies leaving a surviving parent

          5. 6. Separation of eligible student's parents

          6. 7. Separation of eligible student's parent or independent eligible student from partner

          7. 8. Independent eligible student or partner is a parent of an eligible student

       3. PART 3 Taxable income

          1. 9. Taxable income

       4. PART 4 Residual income

          1. CHAPTER 1 Residual income of an eligible student

             1. 10. Calculation of eligible student's residual income

             2. 11. Deductions for the purpose of calculating residual income of an eligible student

             3. 12. Income of eligible student received in currency other than sterling

          2. CHAPTER 2 Residual income of persons other than an eligible student

             1. 13. Persons to whom this chapter applies

             2. 14. Calculation of residual income of persons other than eligible student

             3. 15. Deductions for the purpose of calculating residual income of persons other than eligible student

             4. 16. Applicable financial years: calculating residual income of persons other than eligible student

             5. 17. Income from business or profession

             6. 18. Treatment of income not treated as income for income tax purposes

             7. 19. P's income in currency other than sterling

       5. PART 5 Net income of dependants

          1. 20. Net income of dependants

          2. 21. Net income

          3. 22. Applicable financial years: calculating net income of an eligible student's dependent children

       6. PART 6 Interpretation

          1. 23. Interpretation

    4. SCHEDULE 4

       Disabled postgraduate student's grant

       1. 1. Disabled postgraduate student's grant

       2. 2. Designated postgraduate courses

       3. 3. Designation of other postgraduate courses

       4. 4. Eligible postgraduate students

       5. 5. (1) A person (“P”) is not an eligible postgraduate student...

       6. 6. Eligible postgraduate students continuing on a course

       7. 7. Period of eligibility

       8. 8. Part-time courses – no eligibility for years of low intensity study

       9. 9. Early termination of eligibility

       10. 10. Termination due to misconduct or failure to provide accurate information

       11. 11. Reinstatement of eligibility after termination

       12. 12. Refugees who cease to have leave to remain

       13. 12A. Persons who cease to have stateless leave

       14. 13. Other persons who cease to have leave to enter or remain

       15. 13A. Persons who cease to have section 67 leave to remain

       16. 13B. Person who ceases to have Calais leave

       17. 13C. Persons who cease to have leave to remain as a protected partner

       18. 13D. Persons who cease to have leave to remain under residence scheme immigration rules

       19. 13E. Where— (a) the Welsh Ministers have determined that, by virtue...

       20. 13F. (1) This paragraph applies where— (a) a person (“P”) was...

       21. 13G. (1) This paragraph applies where— (a) a person (“P”) was...

       22. 13H. Paragraphs 12, 12A, 13, 13A, 13B, 13C, 13D, 13E, 13F...

       23. 14. Becoming eligible during an academic year

       24. 15. Transferring between postgraduate courses

       25. 16. Effect of transfer

       26. 17. Applications and decisions

       27. 18. (1) The Welsh Ministers may take such steps and make...

       28. 19. Requirements on eligible postgraduate students to provide information

       29. 20. Amount of disabled postgraduate student's grant

       30. 21. Payment

       31. 22. Overpayments

    5. SCHEDULE 5

       Oxbridge college fee loans

       1. 1. Oxbridge college fee loans

       2. 2. Designated Oxbridge courses

       3. 3. Eligible Oxbridge students

       4. 4. Students becoming eligible during the course of an academic year

       5. 5. Period of eligibility

       6. 6. Amount of the college fee loan

       7. 7. Transfers

       8. 8. Payment

       9. 9. Requirement to provide national insurance number

       10. 10. Information requirements and agreements for repayment

       11. 11. Overpayment

    6. Schedule 5A

       Higher Education Classification of Subjects Course Codes and Labels

    7. SCHEDULE 6

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

       1. 1. The Education (Student Support) (Wales) Regulations 2017 are amended as...

       2. 2. In regulation 1 (title, commencement and application), after paragraph (2)...

       3. 3. In regulation 2(1) (interpretation)— (a) in the definition of “2012...

       4. 4. In regulation 3(16) (application)— (a) at the beginning insert “...

       5. 5. For paragraph (7) of regulation 4 (eligible students), substitute—

       6. 6. In regulation 16 (new fee grant)— (a) in paragraph (3)—...

       7. 7. In regulation 19 (new fee loan in respect of courses...

       8. 8. In regulation 30 (grants for dependants – interpretation)—

       9. 9. In regulation 43 (maximum amount loans for certain students)—

       10. 10. In regulation 45 (students with reduced entitlement)—

       11. 11. In regulation 50 (increases in maximum amount)—

       12. 12. In regulation 56 (application of contribution)— (a) in paragraph (3)—...

       13. 13. In regulation 92(3)(b) (part-time childcare grant), at the beginning insert...

       14. 14. In regulation 95(1)(i) (part-time grants for dependants – interpretation), for...

       15. 15. In Schedule 2, paragraph 3(a), for “Technician” substitute “ Technology...

    8. SCHEDULE 7

       Index of defined terms

       1. 1. Table 16 lists expressions defined or otherwise explained in these...

21. Explanatory Note