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)

Education, Wales

The Education (Eligibility for Student Support) (Amendment) (Wales) Regulations 2022

Made

Laid before Senedd Cymru

Coming into force

The Welsh Ministers, in exercise of the powers conferred on the Secretary of State under sections 22(1)(a), 22(2)(a) and 42(6) of the Teaching and Higher Education Act 19981, and now exercisable by them2, make the following Regulations:

Title, commencement and application

I11

The title of these Regulations is the Education (Eligibility for Student Support) (Amendment) (Wales) Regulations 2022.

Annotations:
Commencement Information
I1

Reg. 1 in force at 11.2.2022, see reg. 2

I22

These Regulations come into force on 11 February 2022.

Annotations:
Commencement Information
I2

Reg. 2 in force at 11.2.2022, see reg. 2

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.

Annotations:
Commencement Information
I3

Reg. 3 in force at 11.2.2022, see reg. 2

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.

Annotations:
Commencement Information
I4

Reg. 4 in force at 11.2.2022, see reg. 2

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”.

Annotations:
Commencement Information
I5

Reg. 5 in force at 11.2.2022, see reg. 2

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).

Annotations:
Commencement Information
I6

Reg. 6 in force at 11.2.2022, see reg. 2

Amendment to the Education (Student Support) (Wales) Regulations 2018

I77

The Education (Student Support) (Wales) Regulations 20184 are amended in accordance with regulation 8.

Annotations:
Commencement Information
I7

Reg. 7 in force at 11.2.2022, see reg. 2

I88

In exception 2 in each of regulations 44(1), 54, 62(2) and 69(2), after “6A(1),” insert “6BA,”.

Annotations:
Commencement Information
I8

Reg. 8 in force at 11.2.2022, see reg. 2

Jeremy MilesMinister for Education and Welsh Language, one of the Welsh Ministers
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Education (European University Institute) (Wales) Regulations 2014 (“the 2014 Regulations”) and the Education (Student Support) (Wales) Regulations 2018 (“the 2018 Regulations”).

The amendments made by these Regulations correct errors in the 2014 Regulations and make further provision in the 2018 Regulations about the eligibility of certain Irish citizens to receive student support.

The Welsh Ministers’ Regulatory Impact Assessment Code for Subordinate Legislation has been considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.