3. The Education (Fees and Awards) (Wales) Regulations 2007(1) are amended as follows.
4. In regulation 2 (interpretation)—
(a)in paragraph (1), in the definition of “overseas territories”, after “French Southern and Antarctic Territories;” insert “Gibraltar;”;
(b)in paragraph (4)—
(i)for “the territory comprising the European Economic Area and Switzerland” substitute “the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland”;
(ii)for “the territory comprising the European Economic Area, Switzerland and the overseas territories” substitute “the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories”;
(iii)for “the territory comprising the European Economic Area, Switzerland, Turkey and the overseas territories” substitute “the territory comprising the United Kingdom, the European Economic Area, Switzerland, Turkey and the overseas territories”;
(c)in paragraph (5)(b) and (c), after “the territory comprising” insert “the United Kingdom, Gibraltar,”;
(d)in paragraph (6)—
(i)for “the territory comprising the European Economic Area and Switzerland” substitute “the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland”;
(ii)for “the territory comprising the European Economic Area, Switzerland and the overseas territories” substitute “the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories”;
(iii)for “the territory comprising the European Economic Area, Switzerland and Turkey” substitute “the territory comprising the United Kingdom, Gibraltar, the European Economic Area, Switzerland and Turkey”;
(e)in paragraph (7), after “an area” insert “other than the United Kingdom or Gibraltar”.
5.—(1) The Schedule is amended as follows.
(2) In paragraph 1—
(a)at the appropriate place insert—
““EEA EFTA separation agreement” (“cytundeb gwahanu EFTA yr AEE”) has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020(2);”;
““EU national” (“gwladolyn o’r UE”) means a national of a Member State of the European Union;”;
““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;”;
““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;”;
(b)omit the definition of “EC national”;
(c)omit “other than the United Kingdom” in each place it occurs;
(d)in the definition of “family member”, for “EC national” substitute “EU national” in each place it occurs;
(e)for the definition of “right of permanent residence” substitute—
““right of permanent residence” (“hawl i breswylio’n barhaol”) means, in relation to a person (“A”), a right to reside in the United Kingdom permanently without restriction which arises under residence scheme immigration rules, but only where, had the facts pertaining to the determination of A’s right to reside fallen to be considered immediately before implementation period completion day, A would have acquired such right under Directive 2004/38 as it had effect immediately before implementation period completion day;”.
(3) In paragraph 3 (persons who are settled in the United Kingdom)—
(a)for sub-paragraph (a) substitute—
“(a)who, on the first day of an academic year of the course, either—
(i)is settled in the United Kingdom by virtue of having acquired the right of permanent residence, or
(ii)falls within Article 18(2) or (3) of the EU withdrawal agreement, Article 17(2) or (3) of the EEA EFTA separation agreement or Article 16(2) or (3) of the Swiss citizens’ rights agreement, but only where that person would have acquired the right to reside permanently in the United Kingdom without restriction under Directive 2004/38 as it had effect immediately before implementation period completion day had the facts pertaining to that person’s right to reside fallen to be considered immediately before implementation period completion day;”;
(b)in sub-paragraph (d), after “the territory comprising” insert “the United Kingdom,”.
(4) In paragraph 6(1)(c) (workers, employed persons, self-employed persons and their family members), after “the territory comprising” insert “the United Kingdom,”.
(5) In paragraph 7 (workers, employed persons, self-employed persons and their family members)—
(a)sub-paragraphs (a), (b) and (c) are renumbered as sub-paragraph (1)(a), (b) and (c);
(b)in sub-paragraph (1)(b) as so renumbered, after “the territory comprising” insert “the United Kingdom,”;
(c)after sub-paragraph (1) as so renumbered insert—
“(2) Any description of person who would have fallen within this paragraph immediately before implementation period completion day is to be treated as falling within this paragraph on and after implementation period completion day.”
(6) In paragraph 8 (persons who are settled in the United Kingdom and have exercised a right of residence elsewhere)—
(a)in sub-paragraph (1)—
(i)in paragraph (b), after “right of residence” insert “before implementation period completion day”;
(ii)in paragraph (d), after “the territory comprising” insert “the United Kingdom,”;
(iii)in paragraph (e), after “the territory comprising” insert “the United Kingdom, Gibraltar,”;
(b)in sub-paragraph (2)—
(i)for “has a right” substitute “had the right” in each place it occurs;
(ii)for “goes” substitute “has gone”;
(c)after sub-paragraph (2) insert—
“(3) For the purposes of this paragraph, a person had the right of permanent residence if they had a right which arose under Directive 2004/38 to reside permanently in the United Kingdom without restriction.”
(7) In paragraph 9 (EC nationals)—
(a)in the heading, for “EC nationals” substitute “EU nationals”;
(b)in sub-paragraph (1)—
(i)in paragraph (a)(i), for “EC national” substitute “EU national”;
(ii)in paragraph (c), after “the territory comprising” insert “the United Kingdom,”;
(c)for sub-paragraph (1A) substitute—
“(1A) Paragraph (c) of sub-paragraph (1) does not apply to a family member of a person who—
(a)is—
(i)a United Kingdom national who has exercised a right to reside in the territory of a Member State under Article 7(1) of Directive 2004/38; or
(ii)an EU national; and
(b)has been ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course.”;
(d)after sub-paragraph (2) insert—
“(3) Any description of person who would have fallen within this paragraph immediately before implementation period completion day is to be treated as falling within this paragraph on and after implementation period completion day.”
(8) In paragraph 10 (EC nationals)—
(a)in sub-paragraph (1)(a), for “an EC national other than a United Kingdom national” substitute “an EU national”;
(b)in sub-paragraph (1)(d), after “the territory comprising” insert “the United Kingdom,”;
(c)in sub-paragraph (2), for “an EC national other than a United Kingdom national” substitute “an EU national”.
(9) For paragraph 11 (children of Swiss nationals) substitute—
“11.—(1) A person who—
(a)is the child of a Swiss national who is entitled to support in the United Kingdom by virtue of Article 3(6) of Annex 1 to the Swiss Agreement;
(b)is ordinarily resident in the United Kingdom on the first day of the first academic year of the course;
(c)has been ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course; and
(d)in a case where the person’s ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (c).
(2) Any description of person who would have fallen within this paragraph immediately before implementation period completion day is to be treated as falling within this paragraph on and after implementation period completion day.”
(10) In paragraph 12(c) (children of Turkish workers), after “the territory comprising” insert “the United Kingdom,”.
6. The Education (European University Institute) (Wales) Regulations 2014(3) are amended as follows.
7.—(1) Schedule 1 (eligible students) is amended as follows.
(2) In Part 1 (interpretation), paragraph 1—
(a)in sub-paragraph (1)—
(i)at the appropriate place insert—
““EEA EFTA separation agreement” (“cytundeb gwahanu EFTA yr AEE”) has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;”;
““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;”;
““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;”;
(ii)in the definition of “EEA national”, omit “other than the United Kingdom”;
(iii)for the definition of “right of permanent residence” substitute—
““right of permanent residence” (“hawl i breswylio’n barhaol”) means, in relation to a person (“A”), a right to reside in the United Kingdom permanently without restriction which arises under residence scheme immigration rules, but only where, had the facts pertaining to the determination of A’s right to reside fallen to be considered immediately before implementation period completion day, A would have acquired such right under Directive 2004/38 as it had effect immediately before implementation period completion day;”;
(b)in the following sub-paragraphs, omit “other than the United Kingdom” in each place it occurs—
(i)sub-paragraph (2)(b);
(ii)sub-paragraph (3)(b);
(iii)sub-paragraph (4)(b);
(iv)sub-paragraph (5)(b);
(c)in sub-paragraphs (7) and (8), after “the territory comprising” insert “the United Kingdom, Gibraltar,” in each place it occurs.
(3) In Part 2 (categories)—
(a)in paragraph 3 (persons who are settled in the United Kingdom)—
(i)for sub-paragraph (a) substitute—
“(a)who, on the relevant date, either—
(i)is settled in the United Kingdom by virtue of having acquired the right of permanent residence; or
(ii)falls within Article 18(2) or (3) of the EU withdrawal agreement, Article 17(2) or (3) of the EEA EFTA separation agreement or Article 16(2) or (3) of the Swiss citizens’ rights agreement, but only where that person would have acquired the right to reside permanently in the United Kingdom without restriction under Directive 2004/38 as it had effect immediately before implementation period completion day had the facts pertaining to that person’s right to reside fallen to be considered immediately before implementation period completion day;”;
(ii)in sub-paragraph (d), after “the territory comprising” insert “the United Kingdom, Gibraltar,”;
(b)in paragraph 6(1)(c) (workers, employed persons, self-employed persons and their family members), after “the territory comprising” insert “the United Kingdom, Gibraltar,”;
(c)in paragraph 7 (workers, employed persons, self-employed persons and their family members)—
(i)sub-paragraphs (a), (b) and (c) are renumbered as sub-paragraph (1)(a), (b) and (c);
(ii)in sub-paragraph (1)(b) as so renumbered, after “the territory comprising” insert “the United Kingdom, Gibraltar,”;
(iii)after sub-paragraph (1) as so renumbered insert—
“(2) Any description of person who would have been eligible under this paragraph immediately before implementation period completion day is to be eligible on and after implementation period completion day.”;
(d)in paragraph 8 (persons who are settled in the United Kingdom and have exercised a right of residence elsewhere)—
(i)in sub-paragraph (1)(b), after “right of residence” insert “before implementation period completion day”;
(ii)in sub-paragraph (1)(d) and (e), after “the territory comprising” insert “the United Kingdom, Gibraltar,”;
(iii)in sub-paragraph (2)—
(aa)for “has the right” substitute “had the right”;
(bb)for “has a right” substitute “had the right”;
(cc)for “goes” substitute “has gone”;
(iv)after sub-paragraph (2) insert—
“(3) For the purposes of this paragraph, a person had the right of permanent residence if they had a right which arose under Directive 2004/38 to reside permanently in the United Kingdom without restriction.”;
(e)in paragraph 9 (EU nationals)—
(i)for sub-paragraph (1)(a) substitute—
“(a)on the relevant date is—
(i)an EU national;
(ii)a United Kingdom national who has exercised a right of residence; or
(iii)the family member of a person in sub-paragraph (i) or (ii);”;
(ii)in sub-paragraphs (1)(c) and (d) and (2), after “the territory comprising” insert “the United Kingdom, Gibraltar,”;
(iii)in sub-paragraph (4), after “that person” insert “resided in Gibraltar or”;
(iv)after sub-paragraph (4) insert—
“(5) Any description of person who would have been eligible under this paragraph immediately before implementation period completion day is to be eligible on and after implementation period completion day.”;
(f)in paragraph 10 (EU nationals)—
(i)in sub-paragraph (a), omit “other than a United Kingdom national”;
(ii)in sub-paragraph (d), after “the territory comprising” insert “the United Kingdom, Gibraltar”;
(g)for paragraph 11 (children of Swiss nationals) substitute—
“11.—(1) A person who—
(a)on the relevant date, is the child of a Swiss national who is entitled to support from the Secretary of State by virtue of Article 3(6) of Annex 1 to the Swiss Agreement;
(b)is ordinarily resident in Wales on the relevant date;
(c)has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and
(d)in a case where the person’s ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (c).
(2) Any description of person who would have been eligible under this paragraph immediately before implementation period completion day is to be eligible on and after implementation period completion day.”;
(h)in paragraph 12(c) (children of Turkish workers), after “the territory comprising” insert “the United Kingdom, Gibraltar,”.
8.—(1) Schedule 2 (student’s contribution) is amended as follows.
(2) In Part 1 (interpretation), paragraph 1(1), in the definition of “taxable income”—
(a)in paragraph (b), for “another EEA State” substitute “an EEA State”;
(b)for paragraph (c) substitute—
“(c)where the legislation of—
(i)the United Kingdom and one or more EEA State or Switzerland;
(ii)more than one EEA State; or
(iii)an EEA State and Switzerland,
applies to the period, the legislation under which the Welsh Ministers consider the person will pay the largest amount of tax in that period (except as otherwise provided in paragraph 4),”.
(3) In Part 2 (calculation of contribution)—
(a)in paragraph 3(1)(b) (calculation of the student’s residual income), for “another Member State” substitute “a Member State”;
(b)in paragraph 4 (calculation of eligible student’s partner’s residual income), for “another EEA State” substitute “an EEA State” in each place it occurs.
9.—(1) The Schedule to the Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015(4) is amended as follows.
(2) In paragraph 1—
(a)in sub-paragraph (1)—
(i)omit “other than the United Kingdom” in each place it occurs;
(ii)at the appropriate place insert—
““EEA EFTA separation agreement” (“cytundeb gwahanu EFTA yr AEE”) has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;”;
““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;”;
““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;”;
(iii)in the definition of “overseas territories”, after “French Southern and Antarctic Territories;” insert “Gibraltar;”;
(iv)for the definition of “right of permanent residence” substitute—
““right of permanent residence” (“hawl i breswylio’n barhaol”) means, in relation to a person (“A”), a right to reside in the United Kingdom permanently without restriction which arises under residence scheme immigration rules, but only where, had the facts pertaining to the determination of A’s right to reside fallen to be considered immediately before implementation period completion day, A would have acquired such right under Directive 2004/38 as it had effect immediately before implementation period completion day;”;
(b)in sub-paragraph (3)—
(i)for “the territory comprising the European Economic Area and Switzerland” substitute “the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland”;
(ii)for “the territory comprising the European Economic Area, Switzerland and the overseas territories” substitute “the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories”;
(iii)for “the territory comprising the European Economic Area, Switzerland, Turkey and the overseas territories” substitute “the territory comprising the United Kingdom, the European Economic Area, Switzerland, Turkey and the overseas territories”;
(c)in sub-paragraph (4)(b) and (c), after “the territory comprising” insert “the United Kingdom, Gibraltar,”;
(d)in sub-paragraph (5), after “an area” insert “other than the United Kingdom or Gibraltar”.
(3) In paragraph 3 (persons who are settled in the United Kingdom)—
(a)for sub-paragraph (a) substitute—
“(a)on the first day of an academic year of the course either—
(i)is settled in the United Kingdom by virtue of having acquired the right of permanent residence; or
(ii)falls within Article 18(2) or (3) of the EU withdrawal agreement, Article 17(2) or (3) of the EEA EFTA separation agreement or Article 16(2) or (3) of the Swiss citizens’ rights agreement, but only where that person would have acquired the right to reside permanently in the United Kingdom without restriction under Directive 2004/38 as it had effect immediately before implementation period completion day had the facts pertaining to that person’s right to reside fallen to be considered immediately before implementation period completion day;”;
(b)in sub-paragraph (d), after “the territory comprising” insert “the United Kingdom,”.
(4) In paragraph 6(1)(c) (workers, employed persons, self-employed persons and their family members), after “the territory comprising” insert “the United Kingdom,”.
(5) In paragraph 7 (workers, employed persons, self-employed persons and their family members)—
(a)sub-paragraphs (a), (b) and (c) are renumbered as sub-paragraph (1)(a), (b) and (c);
(b)in sub-paragraph (1)(b) as so renumbered, after “the territory comprising” insert “the United Kingdom,”;
(c)after sub-paragraph (1) as so renumbered insert—
“(2) Any description of person who would have fallen within this paragraph immediately before implementation period completion day is to be treated as falling within this paragraph on and after implementation period completion day.”
(6) In paragraph 8 (persons who are settled in the United Kingdom and have exercised a right of residence elsewhere)—
(a)in sub-paragraph (1)(b), after “right of residence” insert “before implementation period completion day”;
(b)in sub-paragraph (1)(d), after “the territory comprising” insert “the United Kingdom,”;
(c)in sub-paragraph (1)(e), after “the territory comprising” insert “the United Kingdom, Gibraltar,”;
(d)in sub-paragraph (2)—
(i)in paragraph (a), for “has a right” substitute “had the right”;
(ii)in paragraph (b)—
(aa)for “has a right” substitute “had the right”;
(bb)for “goes” substitute “has gone”;
(e)after sub-paragraph (2) insert—
“(3) For the purposes of this paragraph, a person had the right of permanent residence if they had a right which arose under Directive 2004/38 to reside permanently in the United Kingdom without restriction.”
(7) In paragraph 9 (EU nationals)—
(a)in sub-paragraph (1)(c), after “territory comprising” insert “the United Kingdom,”;
(b)for sub-paragraph (2) substitute—
“(2) Paragraph (c) of sub-paragraph (1) does not apply to a family member of a person who—
(a)is—
(i)a United Kingdom national who has exercised a right to reside in the territory of a Member State under Article 7(1) of Directive 2004/38; or
(ii)an EU national; and
(b)has been ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course.”;
(c)after sub-paragraph (3) insert—
“(4) Any description of person who would have fallen within this paragraph immediately before implementation period completion day is to be treated as falling within this paragraph on and after implementation period completion day.”
(8) In paragraph 10 (EU nationals)—
(a)in sub-paragraph (1)(a), omit “other than a United Kingdom national”;
(b)in sub-paragraph (1)(d), after “the territory comprising” insert “the United Kingdom,”;
(c)in sub-paragraph (2), omit “other than a United Kingdom national”.
(9) For paragraph 11 (children of Swiss nationals) substitute—
“11.—(1) A person who—
(a)is the child of a Swiss national who is entitled to support in the United Kingdom by virtue of Article 3(6) of Annex 1 to the Swiss Agreement;
(b)is ordinarily resident in the United Kingdom on the first day of the first academic year of the course;
(c)has been ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course; and
(d)in a case where the ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland immediately before the period of ordinary resident referred to in paragraph (c).
(2) Any description of person who would have fallen within this paragraph immediately before implementation period completion day is to be treated as falling within this paragraph on and after implementation period completion day.”
(10) In paragraph 12(c) (children of Turkish workers), after “the territory comprising” insert “the United Kingdom,”.
10. The Education (Student Support) (Wales) Regulations 2017(5) are amended as follows.
11. In regulation 2(1) (interpretation), omit the definition of “right of permanent residence”.
12. In regulation 15 (events)—
(a)in paragraph (d), after “EU national” insert “or of a person who is eligible under paragraph 9 of Schedule 1 by virtue of paragraph 9(5) of that Schedule other than as a family member”;
(b)for paragraph (e) substitute—
“(e)the student becomes a person described in paragraph 3(a) of Schedule 1;”.
13. For regulation 23(12)(d) (general qualifying conditions for grants for living costs) substitute—
“(d)the student becomes a person described in paragraph 3(a) of Schedule 1;”.
14. In regulation 30(1) (grants for dependants – interpretation), in sub-paragraph (o)—
(a)in paragraph (ii), for “another Member State” substitute “a Member State”;
(b)for paragraph (iii) substitute—
“(iii)where the legislation of—
(aa)the United Kingdom and one or more Member State; or
(bb)more than one Member State,
applies to the period, a person’s total income from all sources as determined for the purposes of the income tax legislation under which the Welsh Ministers consider that a person’s total income in that period is greatest,”.
15. For regulation 49(2)(d) (students becoming eligible during the course of an academic year) substitute—
“(d)the student becomes a person described in paragraph 3(a) of Schedule 1;”.
16. In regulation 65(4) (students becoming eligible during the course of the academic year)—
(a)in sub-paragraph (d), after “EU national” insert “or of a person who is eligible under paragraph 9 of Schedule 1 by virtue of paragraph 9(5) of that Schedule other than as a family member”;
(b)for sub-paragraph (f) substitute—
“(f)the student becomes a person described in paragraph 3(a) of Schedule 1;”.
17. In regulation 82(4) (students becoming eligible during the course of the academic year)—
(a)in sub-paragraph (d), after “EU national” insert “or of a person who is eligible under paragraph 9 of Schedule 1 by virtue of paragraph 9(5) of that Schedule other than as a family member”;
(b)for sub-paragraph (f) substitute—
“(f)the student becomes a person described in paragraph 3(a) of Schedule 1;”.
18. In regulation 95(1) (part-time grants for dependants – interpretation), in sub-paragraph (o)—
(a)in paragraph (ii), for “another Member State” substitute “a Member State”;
(b)for paragraph (iii) substitute—
“(iii)where the legislation of—
(aa)the United Kingdom and one or more Member State; or
(bb)more than one Member State,
applies to the period, a person’s total income from all sources as determined for the purposes of the income tax legislation under which the Welsh Ministers consider that a person’s total income in that period is the greatest,”.
19. For regulation 111(2)(d) (students becoming eligible during the course of an academic year) substitute—
“(d)the student becomes a person described in paragraph 3(a) of Schedule 1;”.
20.—(1) Schedule 1 (eligible students) is amended as follows.
(2) In Part 1 (interpretation), paragraph 1—
(a)in sub-paragraph (1)—
(i)omit “other than the United Kingdom” in each place it occurs;
(ii)at the appropriate place insert—
““EEA EFTA separation agreement” (“cytundeb gwahanu EFTA yr AEE”) has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;”;
““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;”;
““right of permanent residence” (“hawl i breswylio’n barhaol”) means, in relation to a person (“A”), a right to reside in the United Kingdom permanently without restriction which arises under residence scheme immigration rules, but only where, had the facts pertaining to the determination of A’s right to reside fallen to be considered immediately before implementation period completion day, A would have acquired such right under Directive 2004/38 as it had effect immediately before implementation period completion day;”;
““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;”;
(b)in sub-paragraphs (4) and (5), after “the territory comprising” insert “the United Kingdom, Gibraltar” in each place it occurs;
(c)in sub-paragraph (6), after “an area” insert “other than the United Kingdom or Gibraltar”.
(3) In Part 2 (categories)—
(a)in paragraph 3 (persons who are settled in the United Kingdom)—
(i)for sub-paragraph (a) substitute—
“(a)either—
(i)is settled in the United Kingdom by virtue of having acquired the right of permanent residence; or
(ii)falls within Article 18(2) or (3) of the EU withdrawal agreement, Article 17(2) or (3) of the EEA EFTA separation agreement or Article 16(2) or (3) of the Swiss citizens’ rights agreement, but only where that person would have acquired the right to reside permanently in the United Kingdom without restriction under Directive 2004/38 as it had effect immediately before implementation period completion day had the facts pertaining to that person’s right to reside fallen to be considered immediately before implementation period completion day;”;
(ii)in sub-paragraph (d), after “the territory comprising” insert “the United Kingdom, Gibraltar,”;
(b)in paragraph 6(1)(c) (workers, employed persons, self-employed persons and their family members), after “the territory comprising” insert “the United Kingdom, Gibraltar,”;
(c)in paragraph 7 (workers, employed persons, self-employed persons and their family members)—
(i)sub-paragraphs (a), (b) and (c) are renumbered as sub-paragraph (1)(a), (b) and (c);
(ii)in sub-paragraph (1)(b) as so renumbered, after “the territory comprising” insert “the United Kingdom, Gibraltar,”;
(iii)after sub-paragraph (1) as so renumbered insert—
“(2) Any description of person who would have been eligible under this paragraph immediately before implementation period completion day is to be eligible on and after implementation period completion day.”;
(d)in paragraph 8 (persons who are settled in the United Kingdom and have exercised a right of residence elsewhere)—
(i)in sub-paragraph (1)(b), after “right of residence” insert “before implementation period completion day”;
(ii)in sub-paragraph (1)(d) and (e), after “the territory comprising” insert “the United Kingdom, Gibraltar,”;
(iii)in sub-paragraph (2)—
(aa)for “has a right” substitute “had the right” in each place it occurs;
(bb)for “goes” substitute “has gone”;
(iv)after sub-paragraph (2) insert—
“(3) For the purposes of this paragraph, a person had the right of permanent residence if they had a right which arose under Directive 2004/38 to reside permanently in the United Kingdom without restriction.”;
(e)in paragraph 9 (EU nationals)—
(i)for sub-paragraph (1)(a) substitute—
“(a)on the first day of the first academic year of the course is—
(i)an EU national;
(ii)a United Kingdom national who has exercised a right of residence; or
(iii)the family member of a person in sub-paragraph (i) or (ii);”;
(ii)in sub-paragraphs (1)(c) and (d) and (2), after “the territory comprising” insert “the United Kingdom, Gibraltar,”;
(iii)in sub-paragraph (4), after “that person” insert “has resided in Gibraltar or”;
(iv)after sub-paragraph (4) insert—
“(5) Any description of person who would have been eligible under this paragraph immediately before implementation period completion day is to be eligible on and after implementation period completion day.”;
(f)in paragraph 10 (EU nationals)—
(i)in sub-paragraph (1)(a), omit “other than a United Kingdom national”;
(ii)in sub-paragraph (1)(d), after “the territory comprising” insert “the United Kingdom, Gibraltar,”;
(iii)in sub-paragraph (2), omit “other than a United Kingdom national”;
(g)for paragraph 11 (children of Swiss nationals) substitute—
“11.—(1) A person who—
(a)is the child of a Swiss national who is entitled to support in the United Kingdom by virtue of Article 3(6) of Annex 1 to the Swiss Agreement;
(b)is ordinarily resident in Wales on the first day of the first academic year of the course;
(c)has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and
(d)in a case where the person’s ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (c).
(2) Any description of person who would have been eligible under this paragraph immediately before implementation period completion day is to be eligible on and after implementation period completion day.”;
(h)in paragraph 12(c) (children of Turkish workers), after “the territory comprising” insert “the United Kingdom, Gibraltar,”.
21. In Schedule 4 (college fee loans), paragraph 6—
(a)in sub-paragraph (c), after “EU national” insert “or of a person who is eligible under paragraph 9 of Schedule 1 by virtue of paragraph 9(5) of that Schedule other than as a family member”;
(b)for sub-paragraph (d) substitute—
“(d)the student becomes a person described in paragraph 3(a) of Schedule 1;”.
22.—(1) Schedule 5 (financial assessment) is amended as follows.
(2) In paragraph 1(1) (definitions), paragraph (n)—
(a)in sub-paragraph (ii), for “another Member State” substitute “a Member State”;
(b)for sub-paragraph (iii) substitute—
“(iii)where the legislation of—
(aa)the United Kingdom and one or more Member State; or
(bb)more than one Member State,
applies to the period, a person’s total income from all sources as determined for the purposes of the income tax legislation under which the Welsh Ministers consider that a person’s total income in that period is greatest (except as otherwise provided in paragraph 5),”.
(3) In paragraph 2(1)(g) (independent eligible student), before “the European Union” insert “the United Kingdom, Gibraltar and”.
(4) In the following paragraphs, for “another Member State” substitute “a Member State”—
(a)paragraph 4(1)(b) (calculation of eligible student’s residual income);
(b)paragraph 5 (calculation of parent’s residual income)—
(i)sub-paragraph (1)(a);
(ii)sub-paragraph (6), in each place it occurs;
(iii)sub-paragraph (7).
23.—(1) Schedule 6 (financial assessment – part-time grants for dependants) is amended as follows.
(2) In paragraph 1(1) (definitions), paragraph (j)—
(a)in sub-paragraph (ii), for “another Member State” substitute “a Member State”;
(b)for sub-paragraph (iii) substitute—
“(iii)where the legislation of—
(aa)the United Kingdom and one or more Member State; or
(bb)more than one Member State,
applies to the period, a person’s total income from all sources as determined for the purposes of the income tax legislation under which the Welsh Ministers consider that a person’s total income in that period is greatest (except as otherwise provided in paragraph 4),”.
(3) In the following paragraphs, for “another Member State” substitute “a Member State”—
(a)paragraph 3(1) (calculation of eligible part-time student’s residual income);
(b)paragraph 4 (calculation of eligible part-time student’s partner’s residual income)—
(i)sub-paragraph (1)(a);
(ii)sub-paragraph (6), in each place it occurs;
(iii)sub-paragraph (7).
24. The Education (Postgraduate Master’s Degree Loans) (Wales) Regulations 2017(6) are amended as follows.
25. In regulation 2(1) (interpretation), omit the definition of “right of permanent residence”.
26. In regulation 8 (events)—
(a)in paragraph (d), after “EU national” insert “or of a person who is eligible under paragraph 9 of Schedule 1 by virtue of paragraph 9(5) of that Schedule other than as a family member”;
(b)for paragraph (e) substitute—
“(e)the student becomes a person described in paragraph 3(a) of Schedule 1;”.
27.—(1) Schedule 1 (eligible students) is amended as follows.
(2) In Part 1 (interpretation), paragraph 1—
(a)in sub-paragraph (1)—
(i)omit “other than the United Kingdom” in each place it occurs;
(ii)at the appropriate place insert—
““EEA EFTA separation agreement” (“cytundeb gwahanu EFTA yr AEE”) has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;”;
““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;”;
““right of permanent residence” (“hawl i breswylio’n barhaol”) means, in relation to a person (“A”), a right to reside in the United Kingdom permanently without restriction which arises under residence scheme immigration rules, but only where, had the facts pertaining to the determination of A’s right to reside fallen to be considered immediately before implementation period completion day, A would have acquired such right under Directive 2004/38 as it had effect immediately before implementation period completion day;”;
““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;”;
(b)in sub-paragraphs (4) and (5), after “the territory comprising” insert “the United Kingdom, Gibraltar,” in each place it occurs;
(c)in sub-paragraph (6), after “an area” insert “other than the United Kingdom or Gibraltar”.
(3) In Part 2 (categories)—
(a)in paragraph 3 (persons who are settled in the United Kingdom)—
(i)for sub-paragraph (a) substitute—
“(a)either—
(i)is settled in the United Kingdom by virtue of having acquired the right of permanent residence; or
(ii)falls within Article 18(2) or (3) of the EU withdrawal agreement, Article 17(2) or (3) of the EEA EFTA separation agreement or Article 16(2) or (3) of the Swiss citizens’ rights agreement, but only where that person would have acquired the right to reside permanently in the United Kingdom without restriction under Directive 2004/38 as it had effect immediately before implementation period completion day had the facts pertaining to that person’s right to reside fallen to be considered immediately before implementation period completion day;”;
(ii)in sub-paragraph (d), after “the territory comprising” insert “the United Kingdom, Gibraltar,”;
(b)in paragraph 6(1)(c) (workers, employed persons, self-employed persons and their family members), after “the territory comprising” insert “the United Kingdom, Gibraltar,”;
(c)in paragraph 7 (workers, employed persons, self-employed persons and their family members)—
(i)sub-paragraphs (a), (b) and (c) are renumbered as sub-paragraph (1)(a), (b) and (c);
(ii)in sub-paragraph (1)(b) as so renumbered, after “the territory comprising” insert “the United Kingdom, Gibraltar,”;
(iii)after sub-paragraph (1) as so renumbered insert—
“(2) Any description of person who would have been eligible under this paragraph immediately before implementation period completion day is to be eligible on and after implementation period completion day.”;
(d)in paragraph 8 (persons who are settled in the United Kingdom and have exercised a right of residence elsewhere)—
(i)in sub-paragraph (1)(b), after “right of residence” insert “before implementation period completion day”;
(ii)in sub-paragraph (1)(d) and (e), after “the territory comprising” insert “the United Kingdom, Gibraltar,”;
(iii)in sub-paragraph (2)—
(aa)for “has a right” substitute “had the right” in each place it occurs;
(bb)for “goes” substitute “has gone”;
(iv)after sub-paragraph (2) insert—
“(3) For the purposes of this paragraph, a person had the right of permanent residence if they had a right which arose under Directive 2004/38 to reside permanently in the United Kingdom without restriction.”;
(e)in paragraph 9 (EU nationals)—
(i)for sub-paragraph (1)(a) substitute—
“(a)who, on the first day of the first academic year of the course, is—
(i)an EU national;
(ii)a United Kingdom national who has exercised a right of residence; or
(iii)the family member of a person in sub-paragraph (i) or (ii);”;
(ii)in sub-paragraphs (1)(c) and (d) and (2), after “the territory comprising” insert “the United Kingdom, Gibraltar,”;
(iii)in sub-paragraph (4), after “that person” insert “has resided in Gibraltar or”;
(iv)after sub-paragraph (4) insert—
“(5) Any description of person who would have been eligible under this paragraph immediately before implementation period completion day is to be eligible on and after implementation period completion day.”;
(f)in paragraph 10 (EU nationals)—
(i)in sub-paragraph (1)(a), omit “other than a United Kingdom national”;
(ii)in sub-paragraph (1)(d), after “the territory comprising” insert “the United Kingdom, Gibraltar,”;
(iii)in sub-paragraph (2), omit “other than a United Kingdom national”;
(g)for paragraph 11 (children of Swiss nationals) substitute—
“11.—(1) A person who—
(a)is the child of a Swiss national who is entitled to support in the United Kingdom by virtue of Article 3(6) of Annex 1 to the Swiss Agreement;
(b)is ordinarily resident in Wales on the first day of the first academic year of the course;
(c)has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and
(d)in a case where the person’s ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (c).
(2) Any description of person who would have been eligible under this paragraph immediately before implementation period completion day is to be eligible on and after implementation period completion day.”;
(h)in paragraph 12(c) (children of Turkish workers), after “the territory comprising” insert “the United Kingdom, Gibraltar,”.
28. The Education (Student Support) (Wales) Regulations 2018(7) are amended as follows.
29. In regulation 80(2)(b) (qualifying for a tuition fee loan during the academic year)—
(a)in paragraph (iii), after “EU national” insert “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”;
(b)for paragraph (iv) substitute—
“(iv)the student becomes a person described in paragraph 1(2)(a) of Schedule 2;”.
30. For regulation 81(3)(b)(iii) (qualifying for grants or maintenance loan during the academic year) substitute—
“(iii)the student becomes a person described in paragraph 1(2)(a) of Schedule 2;”.
31.—(1) Schedule 2 (categories of eligible student) is amended as follows.
(2) In paragraph 1(2) (category 1 – persons settled in the United Kingdom)—
(a)for paragraph (a) substitute—
“(a)either—
(i)is settled in the United Kingdom by virtue of having acquired the right of permanent residence, or
(ii)falls within Article 18(2) or (3) of the EU withdrawal agreement, Article 17(2) or (3) of the EEA EFTA separation agreement or Article 16(2) or (3) of the Swiss citizens’ rights agreement, but only where that person would have acquired the right to reside permanently in the United Kingdom without restriction under Directive 2004/38 as it had effect immediately before implementation period completion day had the facts pertaining to that person’s right to reside fallen to be considered immediately before implementation period completion day,”;
(b)in paragraph (d), after “territory comprising” insert “the United Kingdom, Gibraltar,”.
(3) In paragraph 4 (category 4 – workers, employed persons, self-employed persons and their family members)—
(a)in sub-paragraphs (1)(b) and (2)(b), after “the territory comprising” insert “the United Kingdom, Gibraltar,”;
(b)after sub-paragraph (2) insert—
“(2A) Any description of person who would have been eligible under sub-paragraph (2) immediately before implementation period completion day is to be eligible on and after implementation period completion day.”;
(c)in sub-paragraphs (3) and (4), omit “other than the United Kingdom” in each place it occurs.
(4) In paragraph 5 (category 5 – persons who are settled in the United Kingdom and have exercised a right of residence elsewhere)—
(a)in sub-paragraph (1)(b), after “right of residence” insert “before implementation period completion day”;
(b)in sub-paragraph (1)(d) and (e), after “the territory comprising” insert “the United Kingdom, Gibraltar,”;
(c)in sub-paragraph (3)(c), for “has a right” substitute “had the right”;
(d)in sub-paragraph (4)—
(i)in paragraph (a), for “has a right” substitute “had the right”;
(ii)in paragraph (b), for “goes” substitute “has gone”;
(e)after sub-paragraph (5) insert—
“(6) For the purposes of this paragraph, a person had the right of permanent residence if they had a right which arose under Directive 2004/38 to reside permanently in the United Kingdom without restriction.”
(5) In paragraph 6 (category 6 - EU nationals)—
(a)for sub-paragraph (1)(a) substitute—
“(a)who, on the first day of the first academic year of the course, is—
(i)an EU national,
(ii)a United Kingdom national who has exercised a right of residence, or
(iii)the family member of a person in sub-paragraph (i) or (ii),”;
(b)in sub-paragraph (1)(c) and (d), after “the territory comprising” insert “the United Kingdom, Gibraltar,”;
(c)after sub-paragraph (1) insert—
“(1A) Any description of person who would have been eligible under sub-paragraph (1) immediately before implementation period completion day is to be eligible on and after implementation period completion day.”;
(d)in sub-paragraph (2)(a), omit “other than a United Kingdom national”;
(e)in sub-paragraph (2)(d), after “the territory comprising” insert “the United Kingdom, Gibraltar,”;
(f)for sub-paragraph (4) substitute—
“(4) For the purpose of sub-paragraph (1)(a), a United Kingdom national has exercised a right of residence if that person has resided in Gibraltar or has exercised a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA Agreement or Swiss Agreement in a state other than the United Kingdom.”
(6) For paragraph 7 (category 7 - children of Swiss nationals) substitute—
7.—(1) A person who—
(a)is the child of a Swiss national who is entitled to support in the United Kingdom by virtue of Article 3(6) of Annex 1 to the Swiss Agreement,
(b)is ordinarily resident in Wales on the first day of the first academic year of the course,
(c)has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the EEA and Switzerland throughout the three-year period preceding the first day of the first academic year of the course, and
(d)in a case where the person’s ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the EEA and Switzerland immediately before the period of ordinary residence referred to in paragraph (c).
(2) Any description of person who would have been eligible under this paragraph immediately before implementation period completion day is to be eligible on and after implementation period completion day.”
(7) In paragraph 8(1)(c) (category 8 – children of Turkish workers), after “the territory comprising” insert “the United Kingdom, Gibraltar,”.
(8) In paragraph 9 (ordinary residence – additional provision)—
(a)after “the territory comprising” insert “the United Kingdom, Gibraltar,” in each place it occurs;
(b)in sub-paragraph (5), after “an area” insert “other than the United Kingdom or Gibraltar”.
(9) In paragraph 11 (interpretation)—
(a)at the appropriate place insert—
““EEA EFTA separation agreement” (“cytundeb gwahanu EFTA yr AEE”) has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;”;
““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;”;
““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.”;
(b)for the definition of “right of permanent residence” substitute—
““right of permanent residence” (“hawl i breswylio’n barhaol”) means, in relation to a person (“A”), a right to reside in the United Kingdom permanently without restriction which arises under residence scheme immigration rules, but only where, had the facts pertaining to the determination of A’s right to reside fallen to be considered immediately before implementation period completion day, A would have acquired such right under Directive 2004/38 as it had effect immediately before implementation period completion day;”.
32.—(1) Schedule 3 (calculation of income) is amended as follows.
(2) In paragraph 4(1) (independent eligible students), in Case 6, before “the European Union” insert “the United Kingdom, Gibraltar and”.
(3) In paragraph 9 (taxable income)—
(a)in sub-paragraph (1)(b), for “another member State” substitute “a member State”;
(b)for sub-paragraph (2) substitute—
“(2) For the purposes of sub-paragraph (1)(b), where the income tax legislation of—
(a)the United Kingdom and one or more member State, or
(b)more than one member State,
applies to the person in respect of the year under consideration, the person’s total income from all sources is the amount derived from the determination resulting in the greatest amount of total income, including any income which is required to be taken into account under paragraph 18.”
(4) In the following paragraphs, for “another member State” substitute “a member State”—
(a)paragraph 11 (deductions for the purpose of calculating residual income of an eligible student), Deduction B;
(b)paragraph 15 (deductions for the purpose of calculating residual income of persons other than eligible student), Deduction A;
(c)paragraph 18 (treatment of income not treated as income for income tax purposes), in each place it occurs;
(d)paragraph 19(1) (P’s income in currency other than sterling).
33.—(1) Schedule 5 (Oxbridge college fee loans) is amended as follows.
(2) In paragraph 4(2) (students becoming eligible during the course of an academic year)—
(a)in paragraph (c), after “EU national” insert “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”;
(b)for paragraph (d) substitute—
“(d)the student becomes a person described in paragraph 1(2)(a) of Schedule 2;”.
34. The Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 2018(8) are amended as follows.
35. In regulation 2(1) (interpretation), omit the definition of “right of permanent residence”.
36. In regulation 8 (events)—
(a)in paragraph (d), after “EU national” insert “or of a person who is eligible under paragraph 10 of Schedule 1 by virtue of paragraph 10(5) of that Schedule other than as a family member”;
(b)for paragraph (e) substitute—
“(e)the student becomes a person described in paragraph 3(a) of Schedule 1;”.
37.—(1) Schedule 1 (eligible students) is amended as follows.
(2) In Part 1, paragraph 1 (interpretation)—
(a)in sub-paragraph (1)—
(i)omit “other than the United Kingdom” in each place it occurs;
(ii)at the appropriate place insert—
““EEA EFTA separation agreement” (“cytundeb gwahanu EFTA yr AEE”) has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;”;
““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;”;
““right of permanent residence” (“hawl i breswylio’n barhaol”) means, in relation to a person (“A”), a right to reside in the United Kingdom permanently without restriction which arises under residence scheme immigration rules, but only where, had the facts pertaining to the determination of A’s right to reside fallen to be considered immediately before implementation period completion day, A would have acquired such right under Directive 2004/38 as it had effect immediately before implementation period completion day;”;
““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;”;
(b)in sub-paragraphs (4) and (5), after “the territory comprising” insert “the United Kingdom, Gibraltar,” in each place it occurs;
(c)in sub-paragraph (6), after “an area” insert “other than the United Kingdom or Gibraltar”.
(3) In Part 2 (categories)—
(a)in paragraph 3 (persons who are settled in the United Kingdom)—
(i)for sub-paragraph (a) substitute—
“(a)either—
(i)is settled in the United Kingdom by virtue of having acquired the right of permanent residence; or
(ii)falls with Article 18(2) or (3) of the EU withdrawal agreement, Article 17(2) or (3) of the EEA EFTA separation agreement or Article 16(2) or (3) of the Swiss citizens’ rights agreement, but only where that person would have acquired the right to reside permanently in the United Kingdom without restriction under Directive 2004/38 as it had effect immediately before implementation period completion day had the facts pertaining to that person’s right to reside fallen to be considered immediately before implementation period completion day;”;
(ii)in sub-paragraph (d), after “the territory comprising” insert “the United Kingdom, Gibraltar,”;
(b)in paragraph 7(1)(c) (workers, employed persons, self-employed persons and their family members), after “the territory comprising” insert “the United Kingdom, Gibraltar,”;
(c)in paragraph 8 (workers, employed persons, self-employed persons and their family members)—
(i)sub-paragraphs (a), (b) and (c) are renumbered as sub-paragraph (1)(a), (b) and (c);
(ii)in sub-paragraph (1)(b) as so renumbered, after “the territory comprising” insert “the United Kingdom, Gibraltar,”;
(iii)after sub-paragraph (1) as so renumbered insert—
“(2) Any description of person who would have been eligible under this paragraph immediately before implementation period completion day is to be eligible on and after implementation period completion day.”;
(d)in paragraph 9 (persons who are settled in the United Kingdom and have exercised a right of residence elsewhere)—
(i)in sub-paragraph (1)(b), after “right of residence” insert “before implementation period completion day”;
(ii)in sub-paragraph (1)(d) and (e), after “the territory comprising” insert “the United Kingdom, Gibraltar,”;
(iii)in sub-paragraph (2)—
(aa)for “has a right” substitute “had the right” in each place it occurs;
(bb)for “goes” substitute “has gone”;
(iv)after sub-paragraph (2) insert—
“(3) For the purposes of this paragraph, a person had the right of permanent residence if they had a right which arose under Directive 2004/38 to reside permanently in the United Kingdom without restriction.”;
(e)in paragraph 10 (EU nationals)—
(i)for sub-paragraph (1)(a) substitute—
“(a)who, on the first day of the first academic year of the course, is—
(i)an EU national;
(ii)a United Kingdom national who has exercised a right of residence; or
(iii)the family member of a person in sub-paragraph (i) or (ii);”;
(ii)in sub-paragraphs (1)(c) and (d) and (2), after “the territory comprising” insert “the United Kingdom, Gibraltar,”;
(iii)in sub-paragraph (4), after “that person” insert “has resided in Gibraltar or”;
(iv)after sub-paragraph (4) insert—
“(5) Any description of person who would have been eligible under this paragraph immediately before implementation period completion day is to be eligible on and after implementation period completion day.”;
(f)in paragraph 11 (EU nationals)—
(i)in sub-paragraph (1)(a), omit “other than a United Kingdom national”;
(ii)in sub-paragraph (1)(d), after “the territory comprising” insert “the United Kingdom, Gibraltar,”;
(iii)in sub-paragraph (2), omit “other than a United Kingdom national”;
(g)for paragraph 12 (children of Swiss nationals) substitute—
“12.—(1) A person who—
(a)is the child of a Swiss national who is entitled to support in the United Kingdom by virtue of Article 3(6) of Annex 1 to the Swiss Agreement;
(b)is ordinarily resident in Wales on the first day of the first academic year of the course;
(c)has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course;
(d)in a case where the person’s ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (c).
(2) Any description of person who would have been eligible under this paragraph immediately before implementation period completion day is to be eligible on and after implementation period completion day.”;
(h)in paragraph 13(c) (children of Turkish workers), after “the territory comprising” insert “the United Kingdom, Gibraltar,”.
38. The Education (Student Support) (Postgraduate Master’s Degrees) (Wales) Regulations 2019(9) are amended as follows.
39. In regulation 16(1)(b) (students becoming eligible during a course)—
(a)in paragraph (iii), after “EU national” insert “or of a person who is eligible under paragraph 8(1) of Schedule 2 by virtue of paragraph 8(1A) of that Schedule other than as a family member”;
(b)for paragraph (iv) substitute—
“(iv)the student becomes a person described in paragraph 1(2)(a) of Schedule 2;”.
40.—(1) Schedule 2 (categories of eligible students) is amended as follows.
(2) In paragraph 1(2) (category 1 – persons settled in the United Kingdom)—
(a)for paragraph (a) substitute—
“(a)either—
(i)is settled in the United Kingdom by virtue of having acquired the right of permanent residence, or
(ii)falls within Article 18(2) or (3) of the EU withdrawal agreement, Article 17(2) or (3) of the EEA EFTA separation agreement or Article 16(2) or (3) of the Swiss citizens’ rights agreement, but only where that person would have acquired the right to reside permanently in the United Kingdom without restriction under Directive 2004/38 as it had effect immediately before implementation period completion day had the facts pertaining to that person’s right to reside fallen to be considered immediately before implementation period completion day,”;
(b)in paragraph (d), after “the territory comprising” insert “the United Kingdom, Gibraltar,”.
(3) In paragraph 6 (category 6 – workers, employed persons, self-employed persons and their family members)—
(a)in sub-paragraphs (1)(b) and (2)(b), after “the territory comprising” insert “the United Kingdom, Gibraltar,”;
(b)after sub-paragraph (2) insert—
“(2A) Any description of person who would have been eligible under sub-paragraph (2) immediately before implementation period completion day is to be eligible on and after implementation period completion day.”;
(c)in sub-paragraphs (3) and (4), omit “other than the United Kingdom” in each place it occurs.
(4) In paragraph 7 (category 7 – persons who are settled in the United Kingdom and have exercised a right of residence elsewhere)—
(a)in sub-paragraph (1)(b), after “right of residence” insert “before implementation period completion day”;
(b)in sub-paragraph (1)(d) and (e), after “the territory comprising” insert “the United Kingdom, Gibraltar,”;
(c)in sub-paragraph (3)(c), for “has exercised a right of permanent residence” substitute “had the right of permanent residence”;
(d)in sub-paragraph (4)—
(i)in paragraph (a), for “has a right” substitute “had the right”;
(ii)in paragraph (b), for “goes” substitute “has gone”;
(e)after sub-paragraph (5) insert—
“(6) For the purposes of this paragraph, a person had the right of permanent residence if they had a right which arose under Directive 2004/38 to reside permanently in the United Kingdom without restriction.”
(5) In paragraph 8 (category 8 – EU nationals)—
(a)for sub-paragraph (1)(a) substitute—
“(a)who, on the first day of the first academic year of the course is—
(i)an EU national,
(ii)a United Kingdom national who has exercised a right of residence, or
(iii)the family member of a person in sub-paragraph (i) or (ii),”;
(b)in sub-paragraph (1)(c) and (d), after “the territory comprising” insert “the United Kingdom, Gibraltar,”;
(c)after sub-paragraph (1) insert—
“(1A) Any description of person who would have been eligible under sub-paragraph (1) immediately before implementation period completion day is to be eligible on and after implementation period completion day.”;
(d)in sub-paragraph (2)(a), omit “other than a United Kingdom national”;
(e)in sub-paragraph (2)(d), after “the territory comprising” insert “the United Kingdom, Gibraltar,”;
(f)for sub-paragraph (4) substitute—
“(4) For the purposes of sub-paragraph (1)(a), a United Kingdom national has exercised a right of residence if that person has resided in Gibraltar or has exercised a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA Agreement or Swiss Agreement in a state other than the United Kingdom.”
(6) For paragraph 9 (category 9 – children of Swiss nationals) substitute—
9.—(1) A person who—
(a)is the child of a Swiss national who is entitled to support in the United Kingdom by virtue of Article 3(6) of Annex 1 to the Swiss Agreement,
(b)is ordinarily resident in Wales on the first day of the first academic year of the course,
(c)has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the EEA and Switzerland throughout the three-year period preceding the first day of the first academic year of the course, and
(d)in a case where the person’s ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the EEA and Switzerland immediately before the period of ordinary residence referred to in paragraph (c).
(2) Any description of person who would have been eligible under this paragraph immediately before implementation period completion day is to be eligible on and after implementation period completion day.”
(7) In paragraph 10(1)(c) (category 10 – children of Turkish workers), after “the territory comprising” insert “the United Kingdom, Gibraltar,”.
(8) In paragraph 11 (ordinary residence – additional provision)—
(a)after “the territory comprising” insert “the United Kingdom, Gibraltar,” in each place it occurs;
(b)in sub-paragraph (5), after “an area” insert “other than the United Kingdom or Gibraltar”.
(9) In paragraph 13 (interpretation)—
(a)at the appropriate place insert—
““EEA EFTA separation agreement” (“cytundeb gwahanu EFTA yr AEE”) has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;”;
““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;”;
““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.”;
(b)for the definition of “right of permanent residence” substitute—
““right of permanent residence” (“hawl i breswylio’n barhaol”) means, in relation to a person (“A”), a right to reside in the United Kingdom permanently without restriction which arises under residence scheme immigration rules, but only where, had the facts pertaining to the determination of A’s right to reside fallen to be considered immediately before implementation period completion day, A would have acquired such right under Directive 2004/38 as it had effect immediately before implementation period completion day;”.
41.—(1) Schedule 3 (calculation of income) is amended as follows.
(2) In paragraph 4(1) (independent eligible students), in Case 6, before “the European Union” insert “the United Kingdom, Gibraltar and”.
(3) In paragraph 9 (taxable income)—
(a)in sub-paragraph (1)(b), for “another member State” substitute “a member State”;
(b)for sub-paragraph (2) substitute—
“(2) For the purposes of sub-paragraph (1)(b), where the income tax legislation of—
(a)the United Kingdom and one or more member State, or
(b)more than one member State,
applies to the person in respect of the year under consideration, the person’s total income from all sources is the amount derived from the determination resulting in the greatest amount of total income, including any income which is required to be taken into account under paragraph 18.”
(4) In the following paragraphs, for “another member State” substitute “a member State”—
(a)paragraph 11 (deductions for the purpose of calculating residual income of an eligible student), Deduction B;
(b)paragraph 15 (deductions for the purpose of calculating residual income of persons other than eligible student), Deduction A;
(c)paragraph 18 (treatment of income not treated as income for income tax purposes), in each place it occurs;
(d)paragraph 19(1) (P’s income in currency other than sterling).
S.I. 2007/2310 (W. 181), amended by S.I. 2008/1259 (W. 126), S.I. 2010/1142 (W. 101), S.I. 2011/1978 (W. 218), S.I. 2013/1792 (W. 179), S.I. 2018/814 (W. 165), S.I. 2019/235 (W. 54) and S.I. 2019/1192 (W. 209); there are other amending instruments but none is relevant.
S.I. 2014/3037 (W. 303), amended by S.I. 2016/211 (W. 84), S.I. 2018/814 (W. 165) and S.I. 2019/235 (W. 54).
S.I. 2015/1484 (W. 163), amended by S.I. 2016/276 (W. 100), S.I. 2018/814 (W. 165), S.I. 2019/235 (W. 54) and S.I. 2019/1192 (W. 209).
S.I. 2017/47 (W. 21), amended by S.I. 2018/191 (W. 42), S.I. 2018/814 (W. 165), S.I. 2019/235 (W. 54), S.I. 2019/1192 (W. 209) and S.I. 2020/142 (W. 25).
S.I. 2017/523 (W. 109), amended by S.I. 2017/712 (W. 169), S.I. 2018/277 (W. 53), S.I. 2018/814 (W. 165), S.I. 2019/895 (W. 161), S.I. 2019/1192 (W. 209) and S.I. 2020/142 (W. 25).
S.I. 2018/191 (W. 42), amended by S.I. 2018/813 (W. 164), S.I. 2018/814 (W. 165), S.I. 2019/235 (W. 54) and S.I. 2020/142 (W. 25).
S.I. 2018/656 (W. 124), amended by S.I. 2018/814 (W. 165) S.I. 2019/235 (W. 54) and S.I. 2019/1192 (W. 209).
S.I. 2019/895 (W. 161), amended by S.I. 2020/142 (W. 25).