The Education (Student Support) (Wales) Regulations 2018

5.—(1) A person (“P”) is not an eligible postgraduate student if any of the following exceptions applies— Exception 1 At any one time, P also qualifies for support in connection with a designated course by virtue of these Regulations or any other regulations made under section 22 of the 1998 Act unless the course is one for which a first degree (or equivalent qualification) or higher is a normal entry requirement. Exception 2 In respect of P undertaking the designated postgraduate course, P has been bestowed or paid—E+W

(a)a healthcare bursary,

F1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)an allowance, bursary or award of similar description made by the Research Council, or

(d)an allowance, bursary or award of similar description made—

(i)by the institution providing the course,

(ii)under section 67(4)(a) of the Care Standards Act 2000 M1 [F2, or under section 46 of the Children and Social Work Act 2017,] or

(iii)under section 116(2)(a) of the Regulation and Inspection of Social Care (Wales) Act 2016 M2 [F3where the designated postgraduate course begins before 1 August 2022],

which includes any payment for the purpose of meeting additional expenditure incurred by P by reason of P's disability.

Exception 3 P is in breach of an obligation to repay a student loan. Exception 4 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 5 The Welsh Ministers think that P's conduct is such that P is not fit to receive a disabled postgraduate student's grant. Exception 6 P is a prisoner. But P may be an eligible postgraduate student despite being a prisoner if—

(a)P's application for a disabled postgraduate student's grant is in respect of the academic year during which P enters or is released from prison, or

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

[F4Exception 7 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 [F55A, 6B or 6BA].]

(2) In Exceptions 3 and 4, “student loan” means a loan made under—

(a)the Education (Student Loans) Act 1990;

(b)the Education (Scotland) Act 1980;

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

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

(e)regulations made under any of those Acts or Orders;

(f)regulations made under the 1998 Act.

Textual Amendments

F3Words in Sch. 4 para. 5(1) 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), 58

F4Words in Sch. 4 para. 5(1) 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), 146

Marginal Citations

M12000 c.14. Section 67(4) was amended by the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), Schedule 3, Part 2, paragraphs 40 and 43.