The Education (Student Support) (Wales) Regulations 2018

Qualifying for a tuition fee loan during the academic year E+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;]

(ii) a state accedes to the European Union where the student is a national of that state or a family member of a national of that state;

(iii) the student becomes a family member of an EU national [F3 or of a person who is eligible under paragraph 6(1) of Schedule 2 by virtue of paragraph 6(1A) of that Schedule other than as a family member];

[F4 (iv) the student becomes a person described in paragraph 1(2)(a) of Schedule 2;]

(v) the student becomes a child of a Turkish worker;

(vi) the student becomes a person described in paragraph 4(1)(a) of Schedule 2;

(vii) the student becomes the child of a Swiss national.

(3) In this regulation and regulation 81, the following terms have the same meaning as in Schedule 2—

“child” (“plentyn”);

“family member” (“aelod o deulu”) (within the meaning given by paragraph 6(5) of Schedule 2);

[F5 “immigration rules” (“rheolau mewnfudo”);]

“parent” (“rhiant”);

[F6 “person granted stateless leave” (“person y rhoddwyd caniatâd iddo aros fel person diwladwriaeth”)]

“person with leave to enter or remain” (“person sydd â chaniatâd i ddod i mewn neu i aros”);

[F7 “person with section 67 leave to remain” (“person sydd â chaniatâd i aros o dan adran 67”);]

“refugee” (“ffoadur”);

“right of permanent residence” (“hawl i breswylio'n barhaol”);

“Turkish worker” (“gweithiwr Twrcaidd”).

Textual Amendments

F1 Reg. 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)

F2 Reg. 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)

F3 Words in reg. 80(2)(b)(iii) inserted (31.12.2020) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 29(a)

F4 Reg. 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)

F5 Words 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)

F6 Words 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)

F7 Words 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)