PART 4KEY CONCEPTS

CHAPTER 2ELIGIBILITY

SECTION 1Eligible students

Eligible students9

F61

A person is an eligible student in connection with a designated course that the person is undertaking if—

a

the person falls within one of the categories set out—

i

in paragraph 1, 2, 2ZA, 2ZB, F12ZC, 3, 4A, 5A, 6A, 6B, F26BA,F46BB, 6C, 6D, 7A or 8A of Schedule 2, or

ii

in paragraph 4, 5, 6, 7 or 8 of Schedule 2 where paragraph (1A) applies,

and none of the exceptions in regulation 10 apply to the person, or

b

the person’s circumstances fall within one of the cases set out in regulation 11.

1A

This paragraph applies where—

a

in connection with a designated course beginning before 1 August 2021 the Welsh Ministers—

i

in assessing an application for support by a person (“A”) determined that A fell within one of the categories set out in paragraph 4, 5, 6, 7 or 8 of Schedule 2 in relation to an academic year of the course beginning before 1 August 2021, or

ii

would have so determined had A made an application for support in accordance with these Regulations in relation to an academic year of the course beginning before that date, and

b

A applies for support in connection with—

i

that course,

ii

an end-on course following on from that course, or

iii

a designated course to which A’s status as an eligible student is transferred in accordance with these Regulations.

2

A person may, at any given time, be an eligible student only in connection with one designated course.

Eligible students - exceptions10

1

A person (“P”) is not an eligible student if any of the following exceptions applies—

Exception 1

Where the designated course is a full-time course, an award within the meaning of the Education (Mandatory Awards) Regulations 2003 M1 has been bestowed on P in respect of the course.

Exception 2

Where the designated course is a full-time course, P is eligible for a loan in relation to an academic year of the designated course under the Education (Student Loans) (Northern Ireland) Order 1990 M2.

Exception 3

In respect of P undertaking the designated course, P has been bestowed or paid—

F8a

where the course is a full-time course, a healthcare bursary, the amount of which is not calculated by reference to P’s income (unless it is a bursary grant for living costs);

F9b

where the course is a part-time course, a healthcare bursary (whether or not calculated by reference to P’s income).

Exception 4

P is in breach of an obligation to repay a student loan.

Exception 5

P has reached the age of 18 and has not ratified an agreement for a student loan made with P when P was under 18.

Exception 6

The Welsh Ministers think that P's conduct is such that P is not fit to receive support.

Exception 7

P is a prisoner.

But P may be an eligible student despite being a prisoner if—

a

P's application for support is in respect of the academic year during which P enters or is released from prison,

b

P's present course is a full-time end-on course, or

c

P has been authorised by the prison Governor or Director or other appropriate authority to study the present course and P's earliest release date is within 6 years of the first day of the first academic year of the course.

2

In Exception 3, “bursary grant for living costs” is a grant for living costs made available under the NHS Wales Bursary Scheme.

3

In Exceptions 4 and 5, “student loan” means a loan made under—

a

the Education (Student Loans) Act 1990 M3;

b

the Education (Scotland) Act 1980;

c

the Education (Student Loans) (Northern Ireland) Order 1990 M4;

d

the Education (Student Support) (Northern Ireland) Order 1998 M5;

e

regulations made under any of those Acts or Orders;

f

these Regulations or any other regulations made under the 1998 Act.

4

In these Regulations—

  • “healthcare bursary” (“bwrsari iechyd”) means a bursary or award of similar description under—

    1. a

      section 63(6) of the Health Services and Public Health Act 1968 M6, but not a payment made out of the Learning Support Fund;

    2. b

      Article 44 of the Health and Personal Social Services (Northern Ireland) Order 1972 M7;

  • “Learning Support Fund” (“Cronfa Cymorth Dysgu”) means the fund made available by NHS England to certain students in respect of qualifying healthcare courses;

  • F7...

F5Exception 8

The designated course begins on or after 1 January 2028 and the only paragraph or paragraphs in Schedule 2 into which P falls is one or more of paragraphs 5A, 6B F3, 6BA, or 6D.

Eligible students continuing on a course11

1

Paragraph (2) applies to a person (“P”) if—

a

P's circumstances fall within one of the cases in paragraph (3), and

b

Exception 3 in Regulation 10 does not apply in respect of the year for which P is applying for support.

2

Where this paragraph applies, P is an eligible student and accordingly—

a

P need not fall within any of the categories of student set out in Schedule 2, and

b

none of the exceptions set out in Regulation 10 (other than Exception 3) prevent P from being an eligible student.

3

The cases are—

Case 1

a

P was an eligible student in connection with an earlier academic year of P's present course, and

b

P was ordinarily resident in Wales on the first day of the first academic year of that course.

Case 2

a

P's present course is an end-on course,

b

P was an eligible student in connection with the course (the “earlier course”) in relation to which P's present course is an end-on course,

c

P's period of eligibility for the earlier course ended only because P had completed that earlier course, and

d

P was ordinarily resident in Wales on the first day of the first academic year of the earlier course.

Case 3

a

P was an eligible student in connection with a designated course (the “earlier course”) other than the present course,

b

P's status as an eligible student in connection with the earlier course has been transferred to the present course (see Section 5), and

c

P was ordinarily resident in Wales on the first day of the first academic year of the earlier course.