This Statutory Instrument has been printed to correct errors in S.I. 2021/1294 (W. 328) and is being issued free of charge to all known recipients of that Statutory Instrument.
2022 No. 49 (W. 18)
The Education (Eligibility for Student Support) (Amendment) (Wales) Regulations 2022
Made
Laid before Senedd Cymru
Coming into force
Title, commencement and application
I11
The title of these Regulations is the Education (Eligibility for Student Support) (Amendment) (Wales) Regulations 2022.
I22
These Regulations come into force on 11 February 2022.
I33
Regulations 4 to 6 apply in relation to the provision of support to a student in relation to an academic year which begins on or after 1 September 2022, whether or not anything done under these Regulations is done before, on or after that date.
Amendments to the Education (European University Institute) (Wales) Regulations 2014
I44
The Education (European University Institute) (Wales) Regulations 20143 are amended in accordance with regulations 5 and 6.
I55
In regulation 3, in the definition of “person granted leave to remain as a protected partner” in paragraph (a) of that definition for “paragraph 289B” substitute “paragraphs 289B and 289D”
.
I66
In Schedule 1, for paragraph 9B substitute—
9B
1
A person—
a
who on the relevant date is—
i
a United Kingdom national; or
ii
a family member of a person mentioned in sub-paragraph (i);
b
who was ordinarily resident immediately before IP completion day—
i
in the territory comprising the European Economic Area and Switzerland; or
ii
in the United Kingdom, where that ordinary residence began after 31 December 2017 immediately following a period of ordinary residence in the territory comprising the European Economic Area and Switzerland,
and has remained ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the period beginning on IP completion day and ending immediately before the relevant date;
c
who is ordinarily resident in Wales on the relevant date;
d
who 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 relevant date; and
e
subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland has not during any part of the period referred to in paragraph (d) been wholly or mainly for the purpose of receiving full-time education.
2
Paragraph (e) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland in accordance with paragraph 1(7).
3
Where a person (“P”) falls within sub-paragraph (1)(a)(ii), the person in relation to whom P is a family member must also meet the requirements of sub-paragraph (1)(b) and (d).
Amendment to the Education (Student Support) (Wales) Regulations 2018
I77
The Education (Student Support) (Wales) Regulations 20184 are amended in accordance with regulation 8.
I88
In exception 2 in each of regulations 44(1), 54, 62(2) and 69(2), after “6A(1),” insert “6BA,”
.
(This note is not part of the Regulations)