The Education (Student Support) (Wales) Regulations 2017

Changes over time for: Section 23

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General qualifying conditions for grants for living costsE+W

23.—(1) An eligible student qualifies for a grant under this Part provided that—

(a)the eligible student is not excluded from qualification by any of the following paragraphs, regulation 6 or regulation 7; and

(b)the eligible student satisfies the qualifying conditions for the particular grant for which the eligible student is applying.

(2) An eligible student does not qualify for a grant under this Part if the only paragraph [F1or paragraphs in Part 2 of Schedule 1 into which the eligible student falls is one or more of paragraphs 2A, 9, 9A, [F29BA,] 9C or 9D.]

(3) An eligible student does not qualify for a grant under this Part in respect of an academic year which is a bursary year.

(4) Subject to paragraph (5), a 2012 accelerated graduate entry student does not qualify for a grant under this Part.

(5) Paragraph (4) does not apply for the purposes of regulations 24 to 30, to a 2012 accelerated graduate entry student who is undertaking their first year of study on an accelerated graduate entry course.

(6) An eligible student does not qualify for a grant under this Part in respect of any academic year of a sandwich course where the periods of full-time study are in aggregate less than 10 weeks unless the periods of work experience constitute unpaid service.

(7) For the purposes of paragraph (6), “unpaid service” (“gwasanaeth di-dâl”) means—

(a)unpaid service in a hospital or in a public health service laboratory or with a primary care trust in the United Kingdom;

(b)unpaid service with a local authority in the United Kingdom acting in the exercise of their functions relating to the care of children and young persons, health or welfare or with a voluntary organisation providing facilities or carrying out activities of a like nature in the United Kingdom;

(c)unpaid service in the prison or probation and aftercare service in the United Kingdom;

(d)unpaid research in an institution in the United Kingdom or, in the case of an eligible student attending an overseas institution as part of the eligible student’s course, in an overseas institution; or

(e)unpaid service with—

(i)a Special Health Authority established pursuant to section 28 of the National Health Service Act 2006(1);

(ii)a Local Health Board established pursuant to section 11 of the National Health Service (Wales) Act 2006 or a Special Health Authority established pursuant to section 22 of that Act(2);

(iii)a Health Board or a Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978(3);

(iv)the Regional Health and Social Care Board or the Regional Agency for Public Health and Social Well-being established under sections 7 and 12 of the Health and Social Care (Reform) Act (Northern Ireland) 2009(4);

(v)the National Health Service Commissioning Board established under section 1H of the National Health Service Act 2006 or [F3an integrated care board established under Chapter A3 of Part 2 of that Act]; or

(vi)the National Institute for Health and Care Excellence established under section 232 of the Health and Social Care Act 2012 F4....

(8) Subject to paragraph (9), an eligible student does not qualify for a grant under regulations 35 to 40 in respect of an academic year of a designated course if the student does not qualify for relevant support in respect of that academic year.

(9) Paragraph (8) does not apply if the reason that the student does not qualify for relevant support in respect of an academic year of a designated course is because that academic year is an Erasmus year in accordance with regulation 17(2).

(10) In paragraph (8) “relevant support” (“cymorth perthnasol”) means, in the case of a grant under regulations 35 to 40, a fee loan.

(11) Where one of the events listed in paragraph (12) occurs in the course of an academic year, a student may qualify for a particular grant in accordance with this Part in respect of part of that academic year but that student does not qualify for a grant in respect of any academic year beginning before the academic year in which the relevant event occurred.

(12) The events are—

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

[F5(b)the student or the student’s spouse, civil partner or parent (as defined in Part 1 of Schedule 1) 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;]

[F6(ba)the student or the student’s parent becomes a person with section 67 leave to remain [F7or a person granted leave to remain as a protected partner];]

[F8(bb)the student becomes a person with Calais leave;]

[F9(bc)the student becomes a protected Ukrainian national;]

F10(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F11(d)the student becomes a person described in paragraph [F123(1)(a)] of Schedule 1;]

[F13(e)where regulation 4(2A)(a) applies, the student becomes a person described in paragraph 12(a) of Schedule 1;]

(f)the student becomes a person described in [F14paragraph 6A(1)(a) of Schedule 1 or, where regulation 4(2A)(a) applies, in] paragraph 6(1)(a) of Schedule 1; F15...

[F16(g)the student becomes a person described in paragraph 11A(a) of Schedule 1 or, where regulation 4(2A)(a) applies, in paragraph 11(1)(a) of Schedule 1; or]

[F17(h)the student becomes a person described in paragraph 9B(1)(a)(ii) of Schedule 1.]

(13) Subject to paragraph (14), an eligible student does not qualify for a grant under this Part if the eligible student is a prisoner.

(14) Paragraph (13) does not apply in respect of a grant for disabled students’ living costs which is payable in connection with a designated course beginning before 1 September 2012.

(15) A student to whom this paragraph applies is treated as being in attendance on the designated course for the purpose of qualifying for the following grants—

(a)grants for dependants;

(b)grant for disabled students’ living costs;

(c)maintenance grant or special support grant;

(d)higher education grant.

(16) Paragraph (15) applies to—

(a)a compressed degree student;

(b)a disabled eligible student who—

(i)is not a compressed degree student; and

(ii)is undertaking a designated course in the United Kingdom but is not in attendance because the eligible student is unable to attend for a reason which relates to the eligible student’s disability; and

(c)an eligible student on a period of study or a period of work placement in an Erasmus year.

F18(17) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Words in reg. 23(2) substituted (25.4.2021) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 57(a) (with reg. 2)

F2Word in reg. 23(2) inserted (31.12.2021) by The Education (Student Fees, Awards and Support) (Amendment) (Wales) Regulations 2021 (S.I. 2021/1365), regs. 1(2), 21

F3Words in reg. 23(7)(e)(v) substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 90(2)

F4Words in reg. 23(7)(e)(vi) omitted (1.2.2023) by virtue of The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 54 (with reg. 3)

F5Reg. 23(12)(b) substituted (28.1.2021) by The Education (Student Fees, Awards and Support) (Ordinary Residence) (Wales) Regulations 2021 (S.I. 2021/9), regs. 1(2), 20

F6Reg. 23(12)(ba) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2019 (S.I. 2019/235), regs. 1(3)(a), 22

F7Words in reg. 23(12)(ba) inserted (25.4.2021) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 57(b)(i) (with reg. 2)

F8Reg. 23(12)(bb) inserted (25.4.2021) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 57(b)(ii) (with reg. 2)

F9Reg. 23(12)(bc) inserted (with application in accordance with reg. 3 of the amending S.I.) by The Education (Student Finance) (Ukrainian Nationals and Family Members) (Miscellaneous Amendments) (Wales) Regulations 2022 (S.I. 2022/764), regs. 2, 22(a)