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

Eligible students – exceptions E+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)

  F1 ...

  (c)

  any allowance, bursary or award of similar description made under section 67(4)(a) of the Care Standards Act 2000 M1 [F2 , 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)

  F3 ...

  (e)

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

• [F4 Exception 9A

  In respect of P undertaking the designated course, there has been bestowed on or paid to P any allowance, bursary or award of a similar description made under section 116(2)(a) of the Regulation and Inspection of Social Care (Wales) Act 2016 F5 ...]

• 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—

  • [F6 Case 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[F7 ; or]

  • [F8 Case 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.

• [F9 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 [F10 , 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

F1 Words in reg. 10(1) omitted (4.1.2024) by virtue of The Education (Student Finance) (Miscellaneous Amendments) (No. 3) (Wales) Regulations 2023 (S.I. 2023/1349), regs. 1(2), 77

F2 Words in reg. 10(1) inserted (2.12.2019) by The Children and Social Work Act 2017 (Consequential Amendments) (Social Workers) Regulations 2019 (S.I. 2019/1094), reg. 1, Sch. 3 para. 49(2); S.I. 2019/1436, reg. 2(b)

F3 Words in reg. 10(1) omitted (6.5.2022) by virtue of The Education (Postgraduate Student Support) (Miscellaneous Amendments) (Wales) Regulations 2022 (S.I. 2022/403), regs. 1(2), 25(a) (with reg. 2)

F4 Words in reg. 10(1) inserted (6.5.2022) by The Education (Postgraduate Student Support) (Miscellaneous Amendments) (Wales) Regulations 2022 (S.I. 2022/403), regs. 1(2), 25(b) (with reg. 2)

F5 Words in reg. 10(1) omitted (8.5.2024) by virtue of The Education (Student Support) (Postgraduate Master’s Degrees) (Wales) (Amendment) Regulations 2024 (S.I. 2024/501), regs. 1(2), 3 (with reg. 1(3))

F6 Words in reg. 10(1) inserted (1.9.2020) by The Education (Student Support) (Postgraduate Masters Degrees) (Wales) (Amendment) (Coronavirus) Regulations 2020 (S.I. 2020/918), regs. 1(2), 2(2)(a)

F7 Word in reg. 10(1) substituted (1.9.2020) by The Education (Student Support) (Postgraduate Masters Degrees) (Wales) (Amendment) (Coronavirus) Regulations 2020 (S.I. 2020/918), regs. 1(2), 2(2)(b)

F8 Words in reg. 10(1) inserted (1.9.2020) by The Education (Student Support) (Postgraduate Masters Degrees) (Wales) (Amendment) (Coronavirus) Regulations 2020 (S.I. 2020/918), regs. 1(2), 2(2)(c)

F9 Words in reg. 10 inserted (25.4.2021) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 178 (with reg. 2)

F10 Word in reg. 10(1) inserted (31.12.2021) by The Education (Student Fees, Awards and Support) (Amendment) (Wales) Regulations 2021 (S.I. 2021/1365), regs. 1(2), 55

Commencement Information

I1 Reg. 10 in force at 27.5.2019, see reg. 1(2)

Marginal Citations

M1 2000 c. 14; amended by the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), Schedule 3(2), paragraph 43.