The Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 2018

The title of these Regulations is the Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 2018.

These Regulations come into force on 25 June 2018 and apply in relation to Wales.

These Regulations apply in relation to the provision of postgraduate doctoral degree loans to students in relation to courses which begin on or after 1 August 2018 whether anything done under these Regulations is done before, on or after 1 August 2018.

In these Regulations—

• “the 1998 Act” (“Deddf 1998”) means the Teaching and Higher Education Act 1998;

• “the 2017 Master's Degree Loans Regulations” (“Rheoliadau Benthyciadau at Radd Feistr 2017”) means the Education (Postgraduate Master's Degree Loans) (Wales) Regulations 2017 M3;

• “the 2017 Student Support Regulations” (“Rheoliadau Cymorth i Fyfyrwyr 2017”) means the Education (Student Support) (Wales) Regulations 2017 M4;

• “the 2018 Student Support Regulations” (“Rheoliadau Cymorth i Fyfyrwyr 2018”) means the Education (Student Support) (Wales) Regulations 2018 M5;

• F47“the 2020 Citizens’ Rights Regulations” (“Rheoliadau Hawliau Dinasyddion 2020”) means the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020;

• “academic authority” (“awdurdod academaidd”) means, in relation to an institution, the governing body or other body having the functions of a governing body and includes a person acting with the authority of that body;

• “course” (“cwrs”) means, unless the context otherwise requires, a taught programme of study, a programme of research, or a combination of both, which may include one or more periods of work experience, and which leads, on successful completion, to the award of a postgraduate doctoral degree, but a course which leads to a higher doctorate or a course which leads to a doctorate by publication is not a course;

• “course which leads to a doctorate by publication” (“cwrs sy'n arwain at ddoethuriaeth drwy waith cyhoeddedig”) means a course which leads to a postgraduate doctoral degree awarded to a person (“P”) on the basis of a thesis consisting of associated published research papers, whether or not P is required by the relevant academic authority to—

  1. a

     register on the course;

  2. b

     undertake a particular programme of study; or

  3. c

     undertake a final examination;

• “course which leads to a higher doctorate” (“cwrs sy'n arwain at ddoethuriaeth uwch”) means a course which leads to a qualification awarded to a person (“P”)—

  1. a

     of an academic level which is higher than a postgraduate doctoral degree; and

  2. b

     for distinction regarding P's contribution to the advancement of science or learning;

• “designated course” (“cwrs dynodedig”) means a course designated by regulation 4(1) or by the Welsh Ministers under regulation 4(5);

• “Directive 2004/38” (“Cyfarwyddeb 2004/38”) means Directive 2004/38/EC of the European Parliament and of the Council M6 on the right of citizens of the Union and their family members to move and reside freely in the territory of the Member States;

• “distance learning course” (“cwrs dysgu o bell”) means a course in relation to which a student undertaking the course is not required to be in attendance by the institution providing the course, other than to satisfy any requirement imposed by the institution to attend any institution—

  1. a

     for the purpose of registration, enrolment or any examination;

  2. b

     on a weekend or during any vacation; or

  3. c

     on an occasional basis during the week;

• “electronic signature” (“llofnod electronig”) is so much of anything in electronic form as—

  1. a

     is incorporated into or otherwise logically associated with any electronic communication or electronic data; and

  2. b

     purports to be so incorporated or associated for the purpose of being used in establishing the authenticity of the communication or data, the integrity of the communication or data, or both;

• “eligible prisoner” (“carcharor cymwys”) means a prisoner—

  1. a

     who begins a designated course or on after 1 August 2018;

  2. b

     who is serving a sentence of imprisonment in the United Kingdom;

  3. c

     who has been authorised by the prison Governor or Director or other appropriate authority within the custodial institution to study the designated course; and

  4. d

     whose earliest release date is within 8 years of the first day of the first academic year of the designated course;

• “eligible student” (“myfyriwr cymwys”) has the meaning given in regulation 3;

• F6“English plan provider” (“darparwr cynllun Seisnig”) means a registered English institution which has an access and participation plan approved by the Office for Students under section 29 of the Higher Education and Research Act 2017 and which remains in force;

• F6“English regulated institution” (“sefydliad rheoleiddiedig Seisnig”) means a registered English institution subject to a fee limit condition under section 10 of the Higher Education and Research Act 2017;

• “equivalent or higher qualification” (“cymhwyster cyfatebol neu uwch”) means a qualification determined in accordance with paragraph (2) to be an equivalent or higher qualification;

• “EU national” (“gwladolyn UE”) means a national of a Member State of the EU;

• “fees” (“ffioedd”) has the meaning given in section 57(1) of the Higher Education (Wales) Act 2015 M7;

• F110...

• “healthcare bursary” (“bwrsari gofal iechyd”) means a bursary or award of similar description under section 63(6) of the Health Services and Public Health Act 1968 M8 or Article 44 of the Health and Personal Social Services (Northern Ireland) Order 1972 M9;

• “immigration rules” (“rheolau mewnfudo”) means the rules laid before Parliament by the Secretary of State under section 3(2) of the Immigration Act 1971 M10;

• “information” (“gwybodaeth”) includes documents;

• “Islands” (“Ynysoedd”) means the Channel Islands and the Isle of Man;

• “KESS 2 Scheme” (“Cynllun KESS 2”) means the Knowledge Economy Skills Scholarships 2 Scheme which is funded, in part, by the European Social Fund M11;

• F6“Northern Irish funded institution” (“sefydliad a gyllidir gan Ogledd Iwerddon”) means an institution maintained or assisted by recurrent grants out of funds provided by the Northern Ireland Executive;

• “ordinary period of registration” (“cyfnod arferol y cofrestriad”) means the number of academic years ordinarily required to complete a course;

• “period of eligibility” (“cyfnod cymhwystra”) has the meaning given in regulation 5 in relation to an eligible student;

• “periods of work experience” (“cyfnodau o brofiad gwaith”) means—

  1. a

     periods of industrial, professional or commercial experience, including research, associated with the course at an institution, but at a place outside that institution;

  2. b

     periods during which a student is employed and residing in a country whose language is one that the student is studying for that student's course (provided that the period of residence in that country is a requirement of that student's course and the study of one or more modern languages accounts for not less than one half of the total time spent studying on the course);

• F47“person granted leave to remain as a protected partner” (“person y rhoddwyd caniatâd iddo aros fel partner a ddiogelir”) means a person granted leave to remain in the United Kingdom as either a victim of domestic violence or domestic abuse or as a bereaved partner under any of the following provisions of the immigration rules—

  1. a

     paragraphs 289B and 289D (victims of domestic violence);

  2. b

     paragraphs D-DVILR.1.1. and D-DVILR.1.2. of Appendix FM (victims of domestic abuse);

  3. c

     paragraphs 40 and 41 of Appendix Armed Forces (victims of domestic violence who are partners of members of the armed forces);

  4. d

     paragraph 288, as a person in relation to whom the requirements in paragraph 287(b) of those rules are met (bereaved spouses or civil partners);

  5. e

     paragraphs D-BPILR.1.1. and D-BPILR.1.2. of Appendix FM (bereaved partners);

  6. f

     paragraphs 36 and 37 of Appendix Armed Forces (bereaved partners); or

  7. g

     paragraph 295N, as a person in relation to whom the requirements in paragraph 295M of those rules are met (bereaved unmarried or same sex partners);

• “person granted stateless leave” (“person y rhoddwyd caniatâd iddo aros fel person diwladwriaeth”) means a person who—

  1. a

     has extant leave to remain as a stateless person under the immigration rules; and

  2. b

     has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;

• F47“person with Calais leave” (“person sydd â chaniatâd Calais”) means a person with extant leave to remain under paragraphs 352J, 352K, 352L or 352T of the immigration rules (Calais leave and “leave in line” granted by virtue of being a dependent child of a person granted Calais leave);

• “person with leave to enter or remain” (“person sydd â chaniatâd i ddod i mewn neu i aros”) means a person (“A” in this definition)—

  1. a

     F1who has—

     1. i

        applied for refugee status but has, as a result of that application, been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that, although A is considered not to qualify for recognition as a refugee, it is thought right to allow A to enter or remain in the United Kingdom on the grounds of F42... discretionary leave, and who has been granted leave to enter or remain accordingly;

     2. ii

        not applied for refugee status but has been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that it is thought right to allow A to enter or remain in the United Kingdom on the grounds of discretionary leave, and who has been granted leave to enter or remain accordingly;

     3. iia

        F12been granted leave to remain on the grounds of family life under the immigration rules;

     4. iii

        been granted leave to remain on the grounds of private life under the immigration rules; or

     5. iv

        been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that, although A is not considered to qualify for leave to remain on the grounds of private F13or family life under the immigration rules, A has been granted leave to remain outside the rules on the grounds of Article 8 of the European Convention on Human Rights;

  2. c

     whose period of leave to enter or remain has not expired or has been renewed and the period for which it was renewed has not expired or in respect of whose leave to enter or remain an appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002 M12); and

  3. d

     who has been ordinarily resident in the United Kingdom and Islands throughout the period since A was granted leave to enter or remain;

• F112“person with leave to enter or remain as a relevant Afghan citizen” (“person sydd â chaniatâd i ddod i mewn neu i aros fel dinesydd perthnasol o Affganistan”) means a person granted—

  1. a

     indefinite leave to enter the United Kingdom under paragraph 276BA2 of the immigration rules, indefinite leave to remain in the United Kingdom under paragraph 276BS2 of the immigration rules or leave to enter or indefinite leave to enter the United Kingdom under paragraph 276BJ2 or 276BO2 of the immigration rules;

  2. b

     leave to enter or indefinite leave to enter or remain in the United Kingdom outside the immigration rules on the basis of the Afghan Relocations and Assistance Policy Scheme;

  3. c

     indefinite leave to enter or remain in the United Kingdom outside the immigration rules on the basis of the Afghan Citizens Resettlement Scheme; or

  4. d

     indefinite leave to enter or remain in the United Kingdom outside the immigration rules as the spouse, civil partner or dependent child of a person falling into paragraph (c) or dependent child of such a spouse or civil partner;

• F47“person with protected rights” (“person sydd â hawliau gwarchodedig”) means—

  • F91(1)

    1. a

       a person within the personal scope of the citizens’ rights provisions who—

       1. i

          has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules;

       2. ii

          is an Irish citizen who, pursuant to section 3ZA of the Immigration Act 1971, does not require leave to enter or remain in the United Kingdom;

       3. iii

          F111...

       4. iv

          is an applicant for the purposes of regulation 4 of the 2020 Citizens’ Rights Regulations where the relevant period has not expired; or

       5. v

          F92otherwise has rights deemed to apply by virtue of any citizens’ rights deeming provisions; or

    2. b

       a family member of a relevant person of Northern Ireland for the purposes of residence scheme immigration rules, where that family member has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules;

  • (F932)

    1. a

       Article 18(2) and (3) (issuance of residence documents) of the EU withdrawal agreement;a

    2. b

       Article 17(2) and (3) (issuance of residence documents) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020); or

    3. c

       Article 16(2) and (3) (issuance of residence documents) of the Swiss citizens’ rights agreement.

• F6“person with section 67 leave to remain” (“person sydd â chaniatâd i aros o dan adran 67”) means a person who—

  1. a

     has extant leave to remain in the United Kingdom under section 67 of the Immigration Act 2016 and in accordance with the immigration rules; and

  2. b

     has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;

• “postgraduate doctoral degree loan” (“benthyciad at radd ddoethurol ôl-raddedig”) means a loan payable to an eligible student under Part 4;

• “prisoner” (“carcharor”) includes a person who is detained in a young offender institution;

• “private institution” (“sefydliad preifat”) means an institution which is not publicly funded;

• “public funds” (“cronfeydd cyhoeddus”) means moneys provided by Parliament including funds provided by the Welsh Ministers;

• “publicly funded” (“a gyllidir yn gyhoeddus”, “cael ei gyllido'n gyhoeddus”) means maintained or assisted by recurrent grants out of public funds, and related expressions are to be interpreted accordingly;

• “refugee” (“ffoadur”) means a person who is recognised by Her Majesty's government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28 July 1951 M13 as extended by the Protocol thereto which entered into force on 4 October 1967 M14;

• F6“registered English institution” (“sefydliad Seisnig cofrestredig”) means an institution registered by the Office for Students in the register;

• F47“relevant period” (“cyfnod perthnasol”) has the meaning given by regulation 4 of the 2020 Citizens’ Rights Regulations;

• F47“relevant person of Northern Ireland” (“person perthnasol o Ogledd Iwerddon”) has the meaning given by residence scheme immigration rules;

• “Research Council” (“Cyngor Ymchwil”) means any of the following research councils—

  1. a

     Arts and Humanities Research Council;

  2. b

     Biotechnology and Biological Sciences Research Council;

  3. c

     Economic and Social Research Council;

  4. d

     Engineering and Physical Sciences Research Council;

  5. e

     Medical Research Council;

  6. f

     Natural Environment Research Council;

  7. g

     Science and Technology Facilities Council;

• F47“residence scheme immigration rules” (“rheolau mewnfudo’r cynllun preswylio”) has the meaning given by section 17(1) of the European Union (Withdrawal Agreement) Act 2020;

• F14...

• F6“Scottish funded institution” (“sefydliad a gyllidir gan yr Alban”) means an institution maintained or assisted by recurrent grants out of funds provided by the Scottish Ministers;

• “student loans legislation” (“y ddeddfwriaeth ar fenthyciadau i fyfyrwyr”) means the Education (Student Loans) Act 1990 M15, the Education (Student Loans) (Northern Ireland) Order 1990 M16, the Education (Scotland) Act 1980 M17 and regulations made under those Acts or that Order, the Education (Student Support) (Northern Ireland) Order 1998 M18 and regulations made under that Order or the 1998 Act and regulations made under the 1998 Act;

• F47“Swiss citizens’ rights agreement” (“cytundeb ar hawliau dinasyddion Swisaidd”) has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;

• “Turkish worker” (“gweithiwr Twrcaidd”) means a Turkish national who—

  1. a

     is ordinarily resident in the United Kingdom and Islands; and

  2. b

     is, or has been, lawfully employed in the United Kingdom.

• F6“Welsh funded institution” (“sefydliad a gyllidir gan Gymru”) means an institution maintained or assisted by recurrent grants out of funds provided by the Welsh Ministers;

An academic year, in respect of a course, is determined as follows—

identify the period in Column 2 of the Table within which the academic year actually begins;

the academic year is the period of 12 months beginning on the date specified in the entry in Column 1 of the Table corresponding to the period set out in Column 2.

Any reference in these Regulations to an “academic year” is a reference to the year determined in accordance with this paragraph.

An eligible student qualifies for a postgraduate doctoral degree loan in connection with a designated course subject to and in accordance with these Regulations.

A person is not an eligible student for the purposes of paragraph (2) in connection with a designated course beginning on or after 1 January 2028 if the only paragraph or paragraphs of Part 2 of Schedule 1 into which the student falls is one or more of paragraphs F949A, 10B, 10BA or 10D.

Where the eligible student is undertaking a designated course which is a distance learning course, the student does not qualify for support in respect of that course unless the Welsh Ministers consider that the student is undertaking the course in Wales on the first day of the first academic year of the course, whether the course is a designated course at that date or is designated on a later date.

An eligible student ceases to be eligible for a postgraduate doctoral degree loan in respect of a distance learning course if the Welsh Ministers consider that the student is undertaking the course outside the United Kingdom notwithstanding whether that student has previously been considered by the Welsh Ministers to be undertaking their course within the United Kingdom.

Paragraph (6) does not apply to a person who is treated as being ordinarily resident in the United Kingdom by virtue of paragraph 1(4) of Schedule 1 on the basis of temporary employment falling within paragraph 1(5)(a) of Schedule 1.

For the purposes of paragraph (3)(b) and (c), “loan” means a loan made under any provision of the student loans legislation.

The Welsh Ministers may deem a person described in paragraph (3)(i) or (3)(k) to be an eligible student where the Welsh Ministers are of the view that the person had not been able to complete the course to which the previous loan related due to compelling personal reasons.

The Welsh Ministers may only exercise their discretion under paragraph (9) once in respect of a particular student.

The designated course may, but need not, be a distance learning course.

For the purposes of section 22 of the 1998 Act M24 and regulation 3, the Welsh Ministers may designate courses of higher education which are not designated under paragraph (1).

The Welsh Ministers may revoke or suspend the designation of a course which is designated under paragraph (5).

A student's status as an eligible student is retained in connection with a designated course until the status terminates in accordance with this regulation or regulation 3.

The period for which an eligible student retains the status referred to in paragraph (1) is the “period of eligibility”.

The Welsh Ministers may terminate the period of eligibility where A has shown by A's conduct that A is unfitted to receive a postgraduate doctoral degree loan.

Where the period of eligibility terminates before the end of the academic year in which a student completes the designated course, the Welsh Ministers may, at any time, renew the period of eligibility for such period as they determine.

Where A transfers under paragraph (1), A is entitled to receive in connection with the new course, the remainder of the postgraduate doctoral degree loan, if any, in accordance with regulation 14 and, where relevant, regulation 17, in respect of the old course.

A person does not qualify for a postgraduate doctoral degree loan as an eligible student in relation to a designated course unless the person makes an application for that loan.

The Welsh Ministers may take such steps and make such inquiries as they think necessary to make a decision on an application under regulation 9.

Those steps may include requiring the applicant to provide such further information or documentation as the Welsh Ministers may require.

The Welsh Ministers must notify the applicant of a decision on an application under regulation 9.

Subject to paragraph (3), an application under regulation 9 must reach the Welsh Ministers no later than the end of the ninth month of the academic year of the course in which the ordinary period of registration ends.

Subject to paragraph (3), an application to amend the amount of the postgraduate doctoral degree loan under regulation 13(3) must reach the Welsh Ministers no later than the end of the ninth month of the academic year of the course in which the ordinary period of registration ends.

Paragraphs (1) or (2) do not apply where the Welsh Ministers consider that having regard to the circumstances of the particular case the time limit should not apply, in which case the application must reach the Welsh Ministers not later than such date as they specify in writing.

An eligible student may not receive a postgraduate doctoral degree loan unless the student enters into a contract for the loan with the Welsh Ministers.

The contract may require the eligible student to repay a postgraduate doctoral degree loan by a particular method.

Where the Welsh Ministers have required the student's agreement as to the method of repayment, they may withhold any payment of postgraduate doctoral degree loan until the student provides what has been requested.

Subject to paragraph (2), a person may apply for a postgraduate doctoral degree loan of up to F117£27,880 towards the costs of undertaking a designated course.

If the Welsh Ministers have determined under regulation 10 that the applicant is an eligible student, the Welsh Ministers must pay the amount for which the eligible student qualifies in accordance with regulation 14.

If the Welsh Ministers think it appropriate to make payments by transfer into a bank or building society account they may require an eligible student to provide details of such an account in the United Kingdom into which payments may be made.

If the requirement described in paragraph (2) is imposed, the Welsh Ministers may not make any payment of postgraduate doctoral degree loan until the eligible student has complied.

In the case of an eligible prisoner, the Welsh Ministers must pay the postgraduate doctoral degree loan for which an eligible prisoner qualifies to the institution to which the eligible prisoner is liable to make payment for the fees payable in connection with the designated course or to such third party that the Welsh Ministers consider appropriate for the purpose of ensuring the payment of such fees to the relevant institution.

In this regulation, “completed academic years” means academic years of the designated course completed by the eligible student prior to the Welsh Ministers' receipt of the student's application under regulation 9(1).

An academic authority is not required to provide the confirmation described in paragraph (8)(a) if it is unable to do so.

The Welsh Ministers may make it a condition of entitlement to payment of the postgraduate doctoral degree loan that an eligible student must provide them with the student's United Kingdom national insurance number.

If that condition is imposed, the Welsh Ministers may not make any payment of the loan until the eligible student has complied, unless the Welsh Ministers are satisfied that, owing to exceptional circumstances, it would be appropriate to make a payment despite the condition not being complied with.

Further payment may be made despite such notification if, in the opinion of the Welsh Ministers, payment would be appropriate in all the circumstances.

The relevant academic authority must notify the Welsh Ministers if, further to a notice given to the Welsh Ministers under regulation 14(10) in connection with regulation 14(11)(c), it no longer considers that the student is unable to complete the designated course within the ordinary period of registration for that course.

Where the Welsh Ministers receive notification under paragraphs (4) or (5), they must recommence payment of the postgraduate doctoral degree loan in accordance with regulation 14 if, in the opinion of the Welsh Ministers, they consider it would be appropriate in all the circumstances.

Paragraph (2) applies where an eligible student who is in receipt of a postgraduate doctoral degree loan becomes an eligible prisoner and continues to undertake a designated course.

Paragraphs (4) to (6) apply where an eligible prisoner (“A”) who is in receipt of a postgraduate doctoral degree loan ceases to be an eligible prisoner and remains an eligible student, and continues to undertake a designated course.

The Welsh Ministers must pay the remaining sum of the postgraduate doctoral degree loan, or future instalments of the postgraduate doctoral degree loan, if any, in accordance with regulation 14.

Where A would have qualified for a higher amount of postgraduate doctoral degree loan had A not been an eligible prisoner A may, subject to paragraph (6), apply for the amount of loan to be increased.

The maximum amount of the increase in A's postgraduate doctoral degree loan for which A may apply under paragraph (5) is the amount which is calculated by reference to the following formula—

( F-R ) M × T

A student must, if so required by the Welsh Ministers, repay any amount of the postgraduate doctoral degree loan paid to the student or paid in respect of the student, which for whatever reason exceeds the amount of loan to which the student is entitled.

Schedule 2 applies in respect of the provision of information by an applicant and an eligible student.

The Welsh Ministers may at any time request from an applicant or eligible student information that the Welsh Ministers consider is required to recover a postgraduate doctoral degree loan.

The Welsh Ministers may at any time request from an applicant or eligible student sight of their valid national identity card, valid passport issued by the state of which they are a national or their birth certificate.

Where the Welsh Ministers have requested information under this regulation, the Welsh Ministers may withhold any payment of a postgraduate doctoral degree loan until the applicant or eligible student provides what has been requested or provides a satisfactory explanation for not complying with the request.