PART 12E+WQUALIFYING FOR SUPPORT DURING THE ACADEMIC YEAR
Qualifying for a tuition fee loan during the academic yearE+W
80.—(1) Where one of the events listed in paragraph (2) occurs within 3 months of the first day of the academic year, the student may qualify for a tuition fee loan in respect of that academic year.
(2) The events are—
(a)the present course becomes a designated course;
(b)the student becomes an eligible student on the grounds that—
[F1(i)the student or the student’s spouse, civil partner or parent 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;]
[F2(ia)the student or the student’s parent becomes a person with section 67 leave to remain [F3or a person granted leave to remain as a protected partner];]
[F4(ib)the student becomes a person with Calais leave;]
[F5(ic)the student becomes a person with leave to enter or remain as a relevant Afghan citizen [F6or the spouse, civil partner, child or stepchild of such a person];]
[F7(id)the student becomes a protected Ukrainian national [F8or the spouse, civil partner, child or stepchild of such a person];]
F9(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F10(iii)the student becomes a family member described in paragraph 6A(1)(a), 6C(1)(a)[F11, 6D(1)(a) or 6D(2)(a)] of Schedule 2;]
[F12(iv)the student becomes a person described in paragraph 1(2)(a) of Schedule 2;]
[F13(v)where regulation 9(1A)(a) applies, [F14the student becomes a person] described in paragraph 8(1)(a) of Schedule 2;]
(vi)the student becomes a person described in [F15paragraph 4A(1)(a) of Schedule 2 or, where regulation 9(1A)(a) applies, in] paragraph 4(1)(a) of Schedule 2;
[F16(vii)the student becomes a person described in paragraph 7A(a) of Schedule 2 or, where regulation 9(1A)(a) applies, in paragraph 7(1)(a) of Schedule 2; or]
[F17(viii)the student becomes a person described in paragraph 6B(1)(a)(ii) of Schedule 2.]
(3) In this regulation and regulation 81, the following terms have the same meaning as in Schedule 2—
F18...
“family member” (“aelod o deulu”) F19...;
[F20“immigration rules” (“rheolau mewnfudo”);]
“parent” (“rhiant”);
[F21“person granted leave to remain as a protected partner” (“person y rhoddwyd caniatâd iddo aros fel partner a ddiogelir”);]
[F22“person granted stateless leave” (“person y rhoddwyd caniatâd iddo aros fel person diwladwriaeth”)];
[F21“person with Calais leave” (“person sydd â chaniatâd Calais”);]
“person with leave to enter or remain” (“person sydd â chaniatâd i ddod i mewn neu i aros”);
[F23“person with leave to enter or remain as a relevant Afghan citizen”];
[F24“person with section 67 leave to remain” (“person sydd â chaniatâd i aros o dan adran 67”);]
[F25“protected Ukrainian national” (“gwladolyn Wcreinaidd a ddiogelir”);]
“refugee” (“ffoadur”);
F26...
F27...
Textual Amendments
F1Reg. 80(2)(b)(i) substituted (28.1.2021) by The Education (Student Fees, Awards and Support) (Ordinary Residence) (Wales) Regulations 2021 (S.I. 2021/9), regs. 1(2), 43(a)
F2Reg. 80(2)(b)(ia) 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), 52(a)
F3Words in reg. 80(2)(b)(ia) inserted (with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 125(a)(i)
F4Reg. 80(2)(b)(ib) inserted (with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 125(a)(ii)
F5Reg. 80(2)(b)(ic) inserted (with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2022 (S.I. 2022/79), regs. 1(2), 36(a)
F6Words in reg. 80(2)(b)(ic) inserted (4.1.2024) by The Education (Student Finance) (Miscellaneous Amendments) (No. 3) (Wales) Regulations 2023 (S.I. 2023/1349), regs. 1(2), 35 (with regs. 2, 80(2))
F7Reg. 80(2)(b)(id) 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, 41(a)
F8Words in reg. 80(2)(b)(id) inserted (4.1.2024) by The Education (Student Finance) (Miscellaneous Amendments) (No. 3) (Wales) Regulations 2023 (S.I. 2023/1349), regs. 1(2), 39 (with reg. 2)
F9Reg. 80(2)(b)(ii) omitted (with application in accordance with reg. 2 of the amending S.I.) by virtue of The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 125(a)(iii)
F10Reg. 80(2)(b)(iii) substituted (with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 125(a)(iv)
F11Words in reg. 80(2)(b)(iii) substituted (22.2.2023) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2023 (S.I. 2023/87), regs. 1(2), 43 (with reg. 2)
F12Reg. 80(2)(b)(iv) substituted (31.12.2020) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 29(b)
F13Reg. 80(2)(b)(v) substituted (with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 125(a)(v)
F14Words in reg. 80(2)(b)(v) substituted (1.8.2021) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2021 (S.I. 2021/813), regs. 1(2), 10(a)
F15Words in reg. 80(2)(b)(vi) inserted (with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 125(a)(vi)
F16Reg. 80(2)(b)(vii) substituted (with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 125(a)(vii)
F17Reg. 80(2)(b)(viii) inserted (with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 125(a)(viii)
F18Words in reg. 80(3) omitted (with application in accordance with reg. 2 of the amending S.I.) by virtue of The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 125(b)(i)
F19Words in reg. 80(3) omitted (with application in accordance with reg. 2 of the amending S.I.) by virtue of The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 125(b)(ii)
F20Words in reg. 80(3) inserted (28.1.2021) by The Education (Student Fees, Awards and Support) (Ordinary Residence) (Wales) Regulations 2021 (S.I. 2021/9), regs. 1(2), 43(b)
F21Words in reg. 80(3) inserted (with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 125(b)(v)
F22Words in reg. 80(3) inserted (30.7.2018) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2018 (S.I. 2018/814), regs. 1(2), 13(b)
F23Words in reg. 80(3) inserted (with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2022 (S.I. 2022/79), regs. 1(2), 36(b)
F24Words in reg. 80(3) 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), 52(b)
F25Words in reg. 80(3) 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, 41(b)
F26Words in reg. 80(3) omitted (with application in accordance with reg. 2 of the amending S.I.) by virtue of The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 125(b)(iii)
F27Words in reg. 80(3) omitted (with application in accordance with reg. 2 of the amending S.I.) by virtue of The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 125(b)(iv)
Qualifying for grants or maintenance loan during the academic yearE+W
81.—(1) Where one of the events in paragraph (3) occurs, the eligible student may qualify for a grant or maintenance loan.
(2) But the amount of grant or loan payable to the eligible student—
[F28(a)will only, in the case of a grant, be in respect of the remaining days of the academic year, and, in the case of a maintenance loan, only be in respect of the remaining term days of the academic year, in either case beginning with the day the relevant event occurs, and]
(b)in relation to a maintenance loan, will only be payable if it is a quarter in respect of which the loan would otherwise be payable under regulation 85(6) and (7).
(3) The events are—
(a)the student's course becomes a designated course;
(b)the student becomes an eligible student on the grounds that–
[F29(i)the student or the student’s spouse, civil partner or parent 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;]
[F30(ia)the student or the student’s parent becomes a person with section 67 leave to remain [F31or a person with leave to remain as a protected partner];]
[F32(ib)the student becomes a person with Calais leave;]
[F33(ic)the student becomes a person with leave to enter or remain as a relevant Afghan citizen [F34or the spouse, civil partner, child or stepchild of such a person];]
[F35(id)the student becomes a protected Ukrainian national [F36or the spouse, civil partner, child or stepchild of such a person];]
F37(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F38(iii)the student becomes a person described in paragraph 1(2)(a) of Schedule 2;]
[F39(iv)where regulation 9(1A)(a) applies, [F40the student becomes a person] described in paragraph 8(1)(a) of Schedule 2;]
(v)the student becomes a person described in [F41paragraph 4A(1)(a) of Schedule 2 or, where regulation 9(1A)(a) applies, in] paragraph 4(1)(a) of Schedule 2;
[F42(vi)the student becomes a person described in paragraph 7A(a) of Schedule 2 or, where regulation 9(1A)(a) applies, in paragraph 7(1)(a) of Schedule 2;]
[F43(vii)the student becomes a person described in paragraph 6B(1)(a)(ii) of Schedule 2.]
Textual Amendments
F28Reg. 81(2)(a) substituted (1.8.2018) by The Education (Student Support) (Wales) (Amendment) Regulations 2018 (S.I. 2018/813), regs. 1(2), 7
F29Reg. 81(3)(b)(i) substituted (28.1.2021) by The Education (Student Fees, Awards and Support) (Ordinary Residence) (Wales) Regulations 2021 (S.I. 2021/9), regs. 1(2), 44
F30Reg. 81(3)(b)(ia) 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), 53
F31Words in reg. 81(3)(b)(ia) inserted (with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 126(a)
F32Reg. 81(3)(b)(ib) inserted (with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 126(b)
F33Reg. 81(3)(b)(ic) inserted (with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2022 (S.I. 2022/79), regs. 1(2), 37
F34Words in reg. 81(3)(b)(ic) inserted (4.1.2024) by The Education (Student Finance) (Miscellaneous Amendments) (No. 3) (Wales) Regulations 2023 (S.I. 2023/1349), regs. 1(2), 35 (with regs. 2, 80(2))
F35Reg. 81(3)(b)(id) 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, 42
F36Words in reg. 81(3)(b)(id) inserted (4.1.2024) by The Education (Student Finance) (Miscellaneous Amendments) (No. 3) (Wales) Regulations 2023 (S.I. 2023/1349), regs. 1(2), 39 (with reg. 2)
F37Reg. 81(3)(b)(ii) omitted (with application in accordance with reg. 2 of the amending S.I.) by virtue of The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 126(c)
F38Reg. 81(3)(b)(iii) substituted (31.12.2020) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 30
F39Reg. 81(3)(b)(iv) substituted (with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 126(d)
F40Words in reg. 81(3)(b)(iv) substituted (1.8.2021) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2021 (S.I. 2021/813), regs. 1(2), 10(b)
F41Words in reg. 81(3)(b)(v) inserted (with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 126(e)
F42Reg. 81(3)(b)(vi) substituted (with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 126(f)
F43Reg. 81(3)(b)(vii) inserted (with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 126(g)