The Education (Student Support and European Institutions) (Wales) Regulations 2013

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend:

(a) the Assembly Learning Grants and Loans (Higher Education) (Wales) (No.2) Regulations 2011 (S.I. 2011/886 (W.130)) (“the 2011 Regulations”);

(b) the Education (Student Support) (Wales) Regulations 2012 (S.I. 2012/3097 (W.313)) (“the 2012 Regulations”); and

(c) the Education (European Institutions) and Student Support (Wales) Regulations 2013 (S.I. 2013/765 (W.91))(“the 2013 Regulations”).

The 2011 Regulations and the 2012 Regulations provide for financial support for students who are ordinarily resident in Wales and undertaking designated higher education courses in academic years beginning on or after 1 September 2012 or 1 September 2013 respectively. The 2013 Regulations provide for financial support for students who are ordinarily resident in Wales and undertaking postgraduate courses at the graduate school for international relations established by Johns Hopkins University of Bologna (known as the Bologna Center) and at the College of Europe.

Regulations 2 to 10 make a variety of amendments to the 2011 Regulations which relate to changes to the welfare benefits system introduced by the Welfare Reform Act 2012. These changes include the introduction of a new benefit known as ‘universal credit’ which will over time replace a range of existing benefits. Eligibility for certain types and levels of financial support provided under the 2011 Regulations is dependent on a student’s entitlement to existing welfare benefits. These Regulations amend the 2011 Regulations so as to refer to universal credit (and the new council tax reduction schemes) alongside references to existing benefits.

Regulations 12 to 16 and 19 to 22 make corresponding amendments to the 2012 Regulations and regulation 26 makes similar, but less extensive amendments to the 2013 Regulations.

Regulation 13 also amends the definition of “person with leave to enter or remain” in regulation 2(1) of the 2012 Regulations. This extends eligibility for financial support to those persons who have been granted discretionary leave (and their spouses, civil partners and children), whether or not those persons have previously been the subject of a failed asylum application. Regulation 23 also makes amendments to Schedule 1 to the 2012 Regulations which are consequential upon this amendment.

Regulations 11, 24 and 27 remove the term ‘ordinarily resident’ from the Schedules to the 2011 Regulations, the 2012 Regulations and the 2013 Regulations which deal with the financial assessment of students.

Regulations 17 and 18 update certain cross references in the 2012 Regulations.