2023 No. 87 (W. 17)
The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2023
Made
Laid before Senedd Cymru
Coming into force
The Welsh Ministers make the following Regulations in exercise of the powers conferred upon the Secretary of State by sections 1 and 2 of the Education (Fees and Awards) Act 19831 and sections 22(1)(a), 22(2)(a), (b) and (c) and 42(6) of the Teaching and Higher Education Act 19982, and now exercisable by them3, and powers conferred on them under sections 5(5)(b) and 55(2) of the Higher Education (Wales) Act 20154.
PART 1Title, commencement and application
Title and commencementI11
1
The title of these Regulations is the Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2023.
2
These Regulations come into force on 22 February 2023.
ApplicationI22
1
The following regulations apply in relation to the provision of support to a student in relation to an academic year which begins on or after 1 August 2023, whether or not anything done under these Regulations is done before, on or after that date—
a
regulations 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 48, 49, 50, 51, 52, 53, 54, 55, 56 and 57 (update of amounts: the Education (Student Support) (Wales) Regulations 2017 and the Education (Student Support) (Wales) Regulations 2018);
b
regulations 33, 34, 35, 36, 58 and 59 (grants for dependants: the Education (Student Support) (Wales) Regulations 2017 and the Education (Student Support) (Wales) Regulations 2018).
2
The following regulations apply in relation to the provision of support to a student in relation to a course which begins on or after 1 August 2023, whether or not anything done under these Regulations is done before, on or after that date—
a
regulations 4 and 5 (students from British overseas territories: fees and awards);
b
regulation 6 (family members of settled persons: fees and awards);
c
regulation 15 (students from British overseas territories: qualifying persons);
d
regulation 16 (family members of settled persons: qualifying persons);
e
regulations 38, 39, 40, 41, 42, 43, 44, 45, 46, 61, 62, 63, 68, 69, 70 and 71 (students from British overseas territories: eligibility);
f
regulations 47, 64 and 72 (family members of settled persons: eligibility);
g
regulation 65 (amendment to the annual instalment threshold: the Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 2018);
h
regulation 66 (update of amounts: the Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 2018);
i
regulations 73 and 74 (update of amounts: the Education (Student Support) (Postgraduate Master’s Degrees) (Wales) Regulations 2019).
PART 2Amendments to the Education (Fees and Awards) (Wales) Regulations 2007
CHAPTER 1Introduction
I33
The Education (Fees and Awards) (Wales) Regulations 20075 are amended in accordance with this Part.
CHAPTER 2Students from British overseas territories and related amendments
I44
In each of regulations 4(1B), 5(4), 6(5), 7(5) and 8(4) for “9B and 9BA” substitute “9B, 9BA and 9E”
.
I55
In the Schedule—
a
in paragraph 1—
i
in the definition of “family member” in the English text, for “aelod o deulu” substitute “aelod o’r teulu”
;
ii
in the definition of “family member”, in paragraph (e), for “paragraphs 9, 9B, 9C, 9D and 9E” substitute “paragraphs 9, 9B, 9E or for the purposes of paragraphs 9C and 9D in relation to a person settled in the United Kingdom”
;
b
in paragraph 9C(1)(a)—
i
in sub-paragraph (i), for “a United Kingdom national” substitute “a person who is settled in the United Kingdom”
;
ii
in sub-paragraph (ii), at the end insert “, or who would be such a person if they were ordinarily resident in the United Kingdom”
.
CHAPTER 3Family members of settled persons
I66
In the Schedule, in paragraph 9D(1)(a) for “a United Kingdom national” substitute “settled in the United Kingdom”
.
PART 3Amendments to the Education (European University Institute) (Wales) Regulations 2014
CHAPTER 1Introduction
I77
The Education (European University Institute) (Wales) Regulations 20146 are amended in accordance with this Part.
CHAPTER 2Omission of redundant provisions
I88
In regulation 6—
a
in paragraph (2)(b)(i), omit “2A,”, “9A,” and “9BA, 9C, 9D,”;
b
in paragraph (2)(b)(ii), omit “9,”;
c
in paragraph (2A)(a), omit “9,”;
d
in paragraph (2B), for “8A, 9B, 9BA and 9D” substitute “8A and 9B”
;
e
in paragraph (10E)(a)—
i
in paragraph (i) for “(a)(iii), (iv) or (v)” substitute “(1)(a)(iii) or (iv)”
;
ii
in paragraph (ii) for “3(1)(a)(iii) or (iv)” substitute “3(1)(a)(iv)”
.
I99
In regulation 15—
a
in paragraph (1), for “Subject to paragraph (2), an” substitute “An”
;
b
omit paragraph (2).
I1010
In regulation 17—
a
in paragraph (1), for “Subject to paragraph (2), an” substitute “An”
;
b
omit paragraph (2).
I1111
In regulation 20—
a
in paragraph (1), for “Subject to paragraph (3), an” substitute “An”
;
b
omit paragraph (3).
I1212
In regulation 22—
a
in paragraph (1), for “Subject to paragraph (2), an” substitute “An”
;
b
omit paragraph (2).
I1313
In Schedule 1—
a
in paragraph 1, in the definition of “family member”—
i
in paragraphs (c) and (d), omit “or, for the purposes of paragraph 9A, in relation to a relevant person of Northern Ireland who would fall within Article 7(1)(c) of Directive 2004/38 if that person were an EU national or solely an EU national”;
ii
in paragraph (e) for “paragraphs 9, 9B, 9C and 9D” substitute “paragraph 9B”
;
b
omit paragraphs 2A, 3(1)(a)(iii), 9, 9A, 9BA, 9C and 9D.
PART 4Amendments to the Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015
CHAPTER 1Introduction
I1414
The Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 20157 are amended in accordance with this Part.
CHAPTER 2Students from British overseas territories and related amendments
I1515
In the Schedule—
a
in paragraph 1(1), in paragraph (e) of the definition of “family member”, for “paragraphs 9, 9B, 9C, 9D and 9E” substitute “paragraphs 9, 9B, 9E and for the purposes of paragraphs 9C and 9D in relation to persons settled in the United Kingdom”
;
b
in paragraph 9C(1)(a)—
i
in sub-paragraph (i), for “a United Kingdom national” substitute “a person who is settled in the United Kingdom”
;
ii
in sub-paragraph (ii), at the end insert “, or who would be such a person if they were ordinarily resident in the United Kingdom”
.
CHAPTER 3Family members of settled persons
I1616
In the Schedule, in paragraph 9D(1)(a), for “a United Kingdom national” substitute “settled in the United Kingdom”
.
PART 5Amendments to the Education (Student Support) (Wales) Regulations 2017
CHAPTER 1Introduction
I1717
The Education (Student Support) (Wales) Regulations 20178 are amended in accordance with this Part.
CHAPTER 2Financial support – uplifts
I1818
In regulation 16—
a
in paragraph (3)(a), for “£4,295” substitute “£4,215”
;
b
in paragraph (3)(b), for “£4,705” substitute “£4,785”
;
c
in paragraph (4)(a), for “£2,220” substitute “£2,175”
;
d
in paragraph (4)(b), for “£2,280” substitute “£2,325”
.
I1919
In regulation 19—
a
in paragraph (3)(a), for “£4,705” substitute “£4,785”
;
b
in paragraph (4)(a), for “£2,280” substitute “£2,325”
.
I2020
In regulation 24(3)(a), for “£32,546” substitute “£33,146”
.
I2121
In regulation 26(3)—
a
in sub-paragraph (a), for “£3,262” substitute “£3,322”
;
b
in sub-paragraph (b), for “£3,262” substitute “£3,322”
.
I2222
In regulation 27—
a
in paragraph (7)(a), for “£184” substitute “£187”
;
b
in paragraph (7)(b), for “£315” substitute “£321”
;
c
in paragraph (9)(a), for “£141” substitute “£144”
.
I2323
In regulation 28(2), for “£1,862” substitute “£1,896”
.
I2424
In regulation 43—
a
in paragraph (2)(i), for “£6,163” substitute “£6,277”
;
b
in paragraph (2)(ii), for “£11,152” substitute “£11,357”
;
c
in paragraph (2)(iii), for “£9,492” substitute “£9,667”
;
d
in paragraph (2)(iv), for “£9,492” substitute “£9,667”
;
e
in paragraph (2)(v), for “£7,961” substitute “£8,108”
;
f
in paragraph (3)(i), for “£5,580” substitute “£5,683”
;
g
in paragraph (3)(ii), for “£10,155” substitute “£10,342”
;
h
in paragraph (3)(iii), for “£8,256” substitute “£8,408”
;
i
in paragraph (3)(iv), for “£8,256” substitute “£8,408”
;
j
in paragraph (3)(v), for “£7,375” substitute “£7,511”
.
I2525
In regulation 45—
a
in paragraph (1)(a)(i), for “£2,926” substitute “£2,980”
;
b
in paragraph (1)(a)(ii), for “£5,484” substitute “£5,585”
;
c
in paragraph (1)(a)(iii), for “£4,666” substitute “£4,752”
;
d
in paragraph (1)(a)(iv), for “£4,666” substitute “£4,752”
;
e
in paragraph (1)(a)(v), for “£3,901” substitute “£3,973”
;
f
in paragraph (1)(b)(i), for “£2,926” substitute “£2,980”
;
g
in paragraph (1)(b)(ii), for “£5,484” substitute “£5,585”
;
h
in paragraph (1)(b)(iii), for “£4,666” substitute “£4,752”
;
i
in paragraph (1)(b)(iv), for “£4,666” substitute “£4,752”
;
j
in paragraph (1)(b)(v), for “£3,901” substitute “£3,973”
;
k
in paragraph (1)(c)(i), for “£4,622” substitute “£4,708”
;
l
in paragraph (1)(c)(ii), for “£8,364” substitute “£8,518”
;
m
in paragraph (1)(c)(iii), for “£7,119” substitute “£7,250”
;
n
in paragraph (1)(c)(iv), for “£7,119” substitute “£7,250”
;
o
in paragraph (1)(c)(v), for “£5,971” substitute “£6,081”
;
p
in paragraph (2)(a)(i), for “£2,224” substitute “£2,265”
;
q
in paragraph (2)(a)(ii), for “£4,194” substitute “£4,271”
;
r
in paragraph (2)(a)(iii), for “£3,040” substitute “£3,096”
;
s
in paragraph (2)(a)(iv), for “£3,040” substitute “£3,096”
;
t
in paragraph (2)(a)(v), for “£3,040” substitute “£3,096”
;
u
in paragraph (2)(b)(i), for “£2,224” substitute “£2,265”
;
v
in paragraph (2)(b)(ii), for “£4,194” substitute “£4,271”
;
w
in paragraph (2)(b)(iii), for “£3,411” substitute “£3,474”
;
x
in paragraph (2)(b)(iv), for “£3,411” substitute “£3,474”
;
y
in paragraph (2)(b)(v), for “£3,040” substitute “£3,096”
;
z
in paragraph (2)(c)(i), for “£4,185” substitute “£4,262”
;
aa
in paragraph (2)(c)(ii), for “£7,616” substitute “£7,757”
;
bb
in paragraph (2)(c)(iii), for “£6,192” substitute “£6,306”
;
cc
in paragraph (2)(c)(iv), for “£6,192” substitute “£6,306”
;
dd
in paragraph (2)(c)(v), for “£5,531” substitute “£5,633”
.
I2626
In regulation 50—
a
in paragraph (1)(a), for “£91” substitute “£93”
;
b
in paragraph (1)(b), for “£176” substitute “£179”
;
c
in paragraph (1)(c), for “£192” substitute “£196”
;
d
in paragraph (1)(d), for “£192” substitute “£196”
;
e
in paragraph (1)(e), for “£138” substitute “£141”
.
I2727
In regulation 56—
a
in paragraph (3)(a), for “£4,622” substitute “£4,708”
;
b
in paragraph (3)(b), for “£8,364” substitute “£8,518”
;
c
in paragraph (3)(c), for “£7,119” substitute “£7,250”
;
d
in paragraph (3)(d), for “£7,119” substitute “£7,250”
;
e
in paragraph (3)(e), for “£5,971” substitute “£6,081”
;
f
in paragraph (4)(a), for “£4,185” substitute “£4,262”
;
g
in paragraph (4)(b), for “£7,616” substitute “£7,757”
;
h
in paragraph (4)(c), for “£6,192” substitute “£6,306”
;
i
in paragraph (4)(d), for “£6,192” substitute “£6,306”
;
j
in paragraph (4)(e), for “£5,531” substitute “£5,633”
.
I2828
In regulation 88(3)(a), for “£32,546” substitute “£33,146”
.
I2929
In regulation 91—
a
in paragraph (3)(a), for “£3,262” substitute “£3,322”
;
b
in paragraph (3)(b), for “£3,262” substitute “£3,322”
.
I3030
In regulation 92—
a
in paragraph (6)(a), for “£184” substitute “£187”
;
b
in paragraph (6)(b), for “£315” substitute “£321”
;
c
in paragraph (8)(a), for “£141” substitute “£144”
.
I3131
In regulation 93(2), for “£1,862” substitute “£1,896”
.
I3232
In regulation 117(2)(a), for “£32,546” substitute “£33,146”
.
CHAPTER 3Grants for dependants
I3333
In regulation 29(2), for—
a
“£1,159” substitute “£1,180”;
b
“£3,473” substitute “£3,537”;
c
“£4,632” substitute “£4,717”;
d
“£5,797” substitute “£5,904”.
I3434
In regulation 89(3), for “50” substitute “25”
.
I3535
In regulation 94(2), for—
a
“£1,159” substitute “£1,180”;
b
“£3,473” substitute “£3,537”;
c
“£4,632” substitute “£4,717”;
d
“£5,797” substitute “£5,904”.
I3636
In regulation 98—
a
for paragraph (3) substitute—
3
In the case of part-time adult dependants’ grant, where the intensity of study is—
- a
25 per cent or more but less than 30 per cent, the amount payable is equal to 25 per cent of the resulting amount;
- b
30 per cent or more but less than 40 per cent, the amount payable is equal to 30 per cent of the resulting amount;
- c
40 per cent or more but less than 50 per cent, the amount payable is equal to 40 per cent of the resulting amount;
- d
50 per cent or more but less than 60 per cent, the amount payable is equal to 50 per cent of the resulting amount;
- e
60 per cent or more but less than 75 per cent, the amount payable is equal to 60 per cent of the resulting amount;
- f
75 per cent or more, the amount payable is equal to 75 per cent of the resulting amount.
b
for paragraph (5) substitute—
5
In the case of part-time childcare grant, where the intensity of study is—
- a
25 per cent or more but less than 30 per cent, the amount payable is equal to 25 per cent of the resulting amount;
- b
30 per cent or more but less than 40 per cent, the amount payable is equal to 30 per cent of the resulting amount;
- c
40 per cent or more but less than 50 per cent, the amount payable is equal to 40 per cent of the resulting amount;
- d
50 per cent or more but less than 60 per cent, the amount payable is equal to 50 per cent of the resulting amount;
- e
60 per cent or more but less than 75 per cent, the amount payable is equal to 60 per cent of the resulting amount;
- f
75 per cent or more, the amount payable is equal to 75 per cent of the resulting amount.
c
for paragraph (7), substitute—
7
In the case of part-time parents’ learning allowance, where the intensity of study is—
- a
25 per cent or more but less than 30 per cent, the amount payable is equal to 25 per cent of the resulting amount;
- b
30 per cent or more but less than 40 per cent, the amount payable is equal to 30 per cent of the resulting amount;
- c
40 per cent or more but less than 50 per cent, the amount payable is equal to 40 per cent of the resulting amount;
- d
50 per cent or more but less than 60 per cent, the amount payable is equal to 50 per cent of the resulting amount;
- e
60 per cent or more but less than 75 per cent, the amount payable is equal to 60 per cent of the resulting amount;
- f
75 per cent or more, the amount is equal to 75 per cent of the resulting amount.
d
in paragraph (9), for “50” substitute “25”
.
PART 6Amendments to the Education (Student Support) (Wales) Regulations 2018
CHAPTER 1Introduction
I3737
The Education (Student Support) (Wales) Regulations 20189 are amended in accordance with this Part.
CHAPTER 2Students from British overseas territories and related amendments
I3838
In regulation 9(1)(a)(i), after “6BA,” insert “6BB,”
.
I3939
In regulation 44(1), in Exception 2, for the words from “paragraphs 1(3)” to the end substitute “paragraphs 1(2)(d)(ii), 1(3), 4A(1)(b)(ii), 4A(2)(b)(ii), 6(1), 6A(1), 6A(2)(d)(ii), 6BA, 6BB, 6C, 6D, 7A(c)(ii) or 8A(1)(d)(ii).”
I4040
In regulation 54, in Exception 2, for the words from “paragraphs 1(3)” to the end substitute “paragraphs 1(2)(d)(ii), 1(3), 4A(1)(b)(ii), 4A(2)(b)(ii), 6(1), 6A(1), 6A(2)(d)(ii), 6BA, 6BB, 6C, 6D, 7A(c)(ii) or 8A(1)(d)(ii).”
I4141
In regulation 62(2), in Exception 2, for the words from “paragraphs 1(3)” to the end substitute “paragraphs 1(2)(d)(ii), 1(3), 4A(1)(b)(ii), 4A(2)(b)(ii), 6(1), 6A(1), 6A(2)(d)(ii), 6BA, 6BB, 6C, 6D, 7A(c)(ii) or 8A(1)(d)(ii).”
I4242
In regulation 69(2), in Exception 2, for the words from “paragraphs 1(3)” to the end substitute “paragraphs 1(2)(d)(ii), 1(3), 4A(1)(b)(ii), 4A(2)(b)(ii), 6(1), 6A(1), 6A(2)(d)(ii), 6BA, 6BB, 6C, 6D, 7A(c)(ii) or 8A(1)(d)(ii).”
I4343
In regulation 80(2)(b)(iii), for “or 6D(a)” substitute “, 6D(1)(a) or 6D(2)(a)”
.
I4444
In Schedule 2—
a
for paragraph 1(2)(d) substitute—
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 immediately before the period of ordinary residence referred to in paragraph (c) in the territory comprising—
i
the United Kingdom, Gibraltar, the EEA and Switzerland, or
ii
the overseas territories.
b
in paragraph 4A—
i
for sub-paragraph (1)(b) substitute—
b
has been ordinarily resident throughout the three-year period preceding the first day of the first academic year of the course either—
i
in the territory comprising the United Kingdom, Gibraltar, the EEA and Switzerland, or
ii
in the territory comprising the United Kingdom, the EEA, Switzerland and the overseas territories, where at least part of that ordinary residence was in the overseas territories.
ii
for sub-paragraph (2)(b) substitute—
b
has been ordinarily resident throughout the three-year period preceding the first day of the first academic year of the course either—
i
in the territory comprising the United Kingdom, Gibraltar, the EEA and Switzerland, or
ii
in the territory comprising the United Kingdom, the EEA, Switzerland and the overseas territories where at least part of that ordinary residence was in the overseas territories, and
c
in paragraph 6A(1)(c)—
i
omit “Gibraltar,”;
ii
for “and Switzerland” substitute “, Switzerland and the overseas territories”
;
d
in paragraph 6A(1)(d)—
i
omit “Gibraltar,”;
ii
for “and Switzerland” substitute “, Switzerland and the overseas territories”
;
e
in paragraph 6A(2)(d), for the words from “ordinarily resident” to the end substitute—
ordinarily resident immediately before the period of ordinary residence referred to in paragraph (c) in the territory comprising—
i
the United Kingdom, Gibraltar, the EEA and Switzerland, or
ii
the overseas territories.
f
after paragraph 6BA insert—
Category 6BB – Settled persons from the British overseas territories6BB
1
A person—
a
who is settled in the United Kingdom on the first day of the first academic year of the course,
b
who is—
i
undertaking a designated course in Wales, or
ii
undertaking a designated postgraduate course in Wales,
c
who has been ordinarily resident in the specified British overseas territories for at least part of the three-year period preceding the first day of the first academic year of the course,
d
who has been ordinarily resident in the territory comprising the United Kingdom, the Islands and the specified British overseas territories throughout the three-year period preceding the first day of the first academic year of the course,
e
who did not move to Wales from the Islands for the purpose of undertaking the current course, or a course which, disregarding any intervening vacation, the person undertook immediately before undertaking the current course, and
f
subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, the Islands and the specified British overseas territories 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 (f) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, the Islands and the specified British overseas territories in accordance with paragraph 9(2).
g
for paragraph 6D substitute—
6D
1
A person—
a
who is—
i
a United Kingdom national who has resident status in Gibraltar granted by the Government of Gibraltar, or
ii
a family member of a United Kingdom national, where that family member has resident status in Gibraltar granted by the Government of Gibraltar,
b
who is undertaking—
i
a designated course in Wales, or
ii
a designated postgraduate course in Wales,
c
who 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
subject to sub-paragraph (3), whose ordinary residence in the territory comprising the United Kingdom, Gibraltar, the EEA and Switzerland has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.
2
A person—
a
who is—
i
an EU national who has a right of residence in Gibraltar arising under the EU withdrawal agreement, or
ii
a family member of an EU national, where that family member has a right of residence in Gibraltar arising under the EU withdrawal agreement,
b
who is—
i
undertaking a designated course in Wales, or
ii
undertaking a designated postgraduate course in Wales,
c
who has been ordinarily resident in the territory comprising the United Kingdom, the EEA, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course, and
d
subject to sub-paragraph (3), whose ordinary residence in the territory comprising the United Kingdom, the EEA, Switzerland and the overseas territories has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.
3
Paragraph (d) of sub-paragraphs (1) and (2) does not apply to a person treated as being ordinarily resident in the territory referred to in paragraph (c) of those sub-paragraphs in accordance with paragraph 9(2).
h
for paragraph 7A(c) substitute—
c
has been ordinarily resident throughout the three-year period preceding the first day of the first academic year of the course either—
i
in the territory comprising the United Kingdom, Gibraltar, the EEA and Switzerland, or
ii
in the territory comprising the United Kingdom, the EEA, Switzerland and the overseas territories where at least part of that ordinary residence was in the overseas territories, and
i
in paragraph 8A(1), for paragraph (d) substitute—
d
has been ordinarily resident throughout the three-year period preceding the first day of the first academic year of the course either—
i
in the territory comprising the United Kingdom, Gibraltar, the EEA, Switzerland and Turkey, or
ii
in the territory comprising the United Kingdom, the EEA, Switzerland and the overseas territories where at least part of that ordinary residence was in the overseas territories.
j
in paragraph 9—
i
for sub-paragraph (2) substitute—
2
For the purposes of this Schedule, a person (“P”) is to be treated as ordinarily resident in an area if P would have been so resident but for the fact that—
- a
P,
- b
P’s spouse or civil partner, or
- c
in the case of a dependent direct relative in the ascending line, P’s child or child’s spouse or civil partner,
is or was temporarily employed outside the area in question.
ii
for sub-paragraph (3) substitute—
3
For the purposes of sub-paragraph (2), temporary employment outside the area in question includes—
- a
in the case of members of the regular naval, military or air forces of the Crown, any period which they serve outside the United Kingdom as members of such forces;
- b
in the case of members of the regular armed forces of a specified British overseas territory, any period which they serve outside the territory comprising the United Kingdom and the specified British overseas territories as members of such forces;
- c
in the case of members of the regular armed forces of the Republic of Ireland, any period which they serve outside the territory comprising the United Kingdom, the Islands and the Republic of Ireland as members of such forces;
- d
in the case of members of the regular armed forces of an EEA State or Switzerland, any period which they serve outside the territory comprising the United Kingdom, Gibraltar, the EEA and Switzerland as members of such forces;
- e
in the case of members of the regular armed forces of Turkey, any period which they serve outside the territory comprising the United Kingdom, Gibraltar, the EEA, Switzerland and Turkey as members of such forces;
- f
in the case of members of the regular armed forces of an EU overseas territory, any period which they serve outside the territory comprising the United Kingdom, the EEA, Switzerland and the overseas territories.
k
in paragraph 11(1), at the appropriate places insert—
“overseas territories” (“tiriogaethau tramor”) means Anguilla, Aruba, Bermuda, British Antarctic Territory, British Indian Ocean Territory, British Virgin Islands, Cayman Islands, Falkland Islands, Faroe Islands, French Polynesia, French Southern and Antarctic Territories, Gibraltar, Greenland, Mayotte, Montserrat, Netherlands Antilles (Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten), Pitcairn, Henderson, Ducie and Oeno Islands, South Georgia and the South Sandwich Islands, St Barthélemy, St Helena and Dependencies (Ascension Island and Tristan da Cunha), St Pierre et Miquelon, the Territory of New Caledonia and Dependencies, Turks and Caicos Islands, and Wallis and Futuna;
“specified British overseas territories” (“tiriogaethau tramor Prydeinig penodedig”) means Anguilla, Bermuda, British Antarctic Territory, British Indian Ocean Territory, British Virgin Islands, Cayman Islands, Falkland Islands, Gibraltar, Montserrat, Pitcairn, Henderson, Ducie and Oeno Islands, South Georgia and the South Sandwich Islands, St Helena and Dependencies (Ascension Island and Tristan da Cunha), and Turks and Caicos Islands;
I4545
In Schedule 4, in paragraph 4(1)(a)(i)—
a
for “6A(2)” substitute “6A(2)(d)(i)”
;
b
omit “6BA,”.
I4646
In Schedule 7, in Table 16, at the appropriate places insert the following table entries—
“overseas territories”
Schedule 2, paragraph 11(1)
“specified British overseas territories”
Schedule 2, paragraph 11(1)
CHAPTER 3Family members of settled persons
I4747
In Schedule 2, in paragraph 6C(a), for “a United Kingdom national” substitute “settled in the United Kingdom”
.
CHAPTER 4Financial support – uplifts
I4848
In regulation 55, in Table 7—
a
in column 1, after “Beginning on or after 1 September 2022” insert “but before 1 September 2023”
;
b
at the end of the Table, insert the following table entry—
Beginning on or after 1 September 2023
Category 1
Living at home
£8,950
Living away from home, studying in London
£13,635
Living away from home, studying elsewhere
£10,720
Category 2
Living at home
£4,475
Living away from home, studying in London
£6,815
Living away from home, studying elsewhere
£5,360
I4949
In regulation 56—
a
in Table 8—
i
in column 1, after “Beginning on or after 1 September 2022” insert “but before 1 September 2023”
;
ii
at the end of the Table, insert the following table entry—
Beginning on or after 1 September 2023
Living at home
£9,950
Living away from home, studying in London
£14,635
Living away from home, studying elsewhere
£11,720
b
in Table 8A—
i
in column 1, after “Beginning on or after 1 September 2022” insert “but before 1 September 2023”
;
ii
at the end of the Table, insert the following table entry—
Beginning on or after 1 September 2023
Living at home
£4,475
Living away from home, studying in London
£6,815
Living away from home, studying elsewhere
£5,360
I5050
In regulation 57(7), in Table 9—
a
in column 1, after “Beginning on or after 1 September 2022” insert “but before 1 September 2023”
;
b
at the end of the Table, insert the following table entry—
Beginning on or after 1 September 2023
Living at home
£93
Living away from home, studying in London
£179
Living away from home, studying elsewhere
£141
I5151
In regulation 58(2), in Table 10—
a
in column 1, after “Beginning on or after 1 September 2022” insert “but before 1 September 2023”
;
b
at the end of the Table, insert the following table entry—
Beginning on or after 1 September 2023
£7,650 multiplied by the intensity of study
I5252
In regulation 58A(2), in Table 10A—
a
in column 1, after “Beginning on or after 1 September 2022” insert “but before 1 September 2023”
;
b
at the end of the Table, insert the following table entry—
Beginning on or after 1 September 2023
£8,650 multiplied by the intensity of study
I5353
In regulation 63(2), for “£32,546” substitute “£33,146”
.
I5454
In regulation 72(2), in Table 11—
a
in column 1, after “Beginning on or after 1 September 2022” insert “but before 1 September 2023”
;
b
at the end of the Table, insert the following table entry—
Beginning on or after 1 September 2023
£3,322
I5555
In regulation 74, in Table 12—
a
in column 1, after “Beginning on or after 1 September 2022” insert “but before 1 September 2023”
;
b
at the end of the Table, insert the following table entry—
Beginning on or after 1 September 2023
£1,896
I5656
In regulation 76(2)—
a
in Table 13—
i
in column 1, after “Beginning on or after 1 September 2022” insert “but before 1 September 2023”
;
ii
at the end of the Table, insert the following table entry—
Beginning on or after 1 September 2023
One dependent child
£187
More than one dependent child
£321
b
in paragraph (4)(a), for “£141” substitute “£144”
.
I5757
In Schedule 4, in paragraph 20(2), for “£32,546” substitute “£33,146”
.
CHAPTER 5Grants for dependants
I5858
In regulation 69(1)(c), for “50%” substitute “25%”
.
I5959
In regulation 77—
a
in paragraph (1), for—
i
“£6,159” substitute “£6,272”;
ii
“£8,473” substitute “£8,629”;
iii
“£9,632” substitute “£9,809”;
iv
“£10,797” substitute “£10,996”;
b
for paragraph (2) substitute—
2
If the eligible student’s present course is a part-time course, the amount of GfD payable is the amount referred to in paragraph (a)(ii) or (d)(ii) of Step 4 of paragraph (1) multiplied by—
- a
25%, where the intensity of study for the current academic year is at least 25% but less than 30%;
- b
30%, where the intensity of study for the current academic year is at least 30% but less than 40%;
- c
40%, where the intensity of study for the current academic year is at least 40% but less than 50%;
- d
50%, where the intensity of study for the current academic year is at least 50% but less than 60%;
- e
60%, where the intensity of study for the current academic year is at least 60% but less than 75%;
- f
75%, where the intensity of study for the current academic year is 75% or more.
PART 7Amendments to the Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 2018
CHAPTER 1Introduction
I6060
The Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 201810 are amended in accordance with this Part.
CHAPTER 2Students from British overseas territories and related amendments
I6161
In regulation 3(2)(a), after “10BA,” insert “10BB,”
.
I6262
In regulation 8(d), for “or 10D(1)(a)” substitute “, 10D(1)(a) or 10D(2)(a)”
.
I6363
In Schedule 1—
a
in paragraph 1(1), at the appropriate places insert—
“overseas territories” (“tiriogaethau tramor”) means Anguilla; Aruba; Bermuda; British Antarctic Territory; British Indian Ocean Territory; British Virgin Islands; Cayman Islands; Falkland Islands; Faroe Islands; French Polynesia; French Southern and Antarctic Territories; Gibraltar; Greenland; Mayotte; Montserrat; Netherlands Antilles (Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten); Pitcairn, Henderson, Ducie and Oeno Islands; South Georgia and the South Sandwich Islands; St Barthélemy; St Helena and Dependencies (Ascension Island and Tristan da Cunha); St Pierre et Miquelon; the Territory of New Caledonia and Dependencies; Turks and Caicos Islands; and Wallis and Futuna;
“specified British overseas territories” (“tiriogaethau tramor Prydeinig penodedig”) means Anguilla; Bermuda; British Antarctic Territory; British Indian Ocean Territory; British Virgin Islands; Cayman Islands; Falkland Islands; Gibraltar; Montserrat; Pitcairn, Henderson, Ducie and Oeno Islands; South Georgia and the South Sandwich Islands; St Helena and Dependencies (Ascension Island and Tristan da Cunha); and Turks and Caicos Islands;
b
for paragraph 1(4) substitute—
4
For the purposes of this Schedule, a person (“A”) is to be treated as ordinarily resident in an area if A would have been so resident but for the fact that—
a
A;
b
A’s spouse or civil partner; or
c
in the case of a dependent direct relative in the ascending line, A’s child or child’s spouse or civil partner,
is or was temporarily employed outside the area in question.
c
for paragraph 1(5) substitute—
5
For the purposes of sub-paragraph (4), temporary employment outside the area in question includes—
a
in the case of members of the regular naval, military or air forces of the Crown, any period which they serve outside the United Kingdom as members of such forces;
b
in the case of members of the regular armed forces of a specified British overseas territory, any period which they serve outside the territory comprising the United Kingdom and the specified British overseas territories as members of such forces;
c
in the case of members of the regular armed forces of the Republic of Ireland, any period which they serve outside the territory comprising the United Kingdom, the Islands and the Republic of Ireland as members of such forces;
d
in the case of members of the regular armed forces of an EEA State or Switzerland, any period which they serve outside the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland as members of such forces;
e
in the case of members of the regular armed forces of Turkey, any period which they serve outside the territory comprising the United Kingdom, Gibraltar, the European Economic Area, Switzerland and Turkey as members of such forces; and
f
in the case of members of the regular armed forces of an EU overseas territory, any period which they serve outside the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories.
d
in paragraph 3(1)(d)—
i
omit “Gibraltar,”;
ii
for “and Switzerland” substitute “, Switzerland and the overseas territories”
;
e
in paragraph 7A(1)(c)—
i
omit “Gibraltar,”;
ii
for “and Switzerland” substitute “, Switzerland and the overseas territories”
;
f
in paragraph 8A(1)(b)—
i
omit “Gibraltar,”;
ii
for “and Switzerland” substitute “, Switzerland and the overseas territories”
;
g
in paragraph 10A(1)—
i
in paragraph (c)—
aa
omit “Gibraltar,”;
bb
for “and Switzerland” substitute “, Switzerland and the overseas territories”
;
ii
in paragraph (d)—
aa
omit “Gibraltar,”;
bb
for “and Switzerland” substitute “, Switzerland and the overseas territories”
;
h
in paragraph 10A(2)—
i
omit “Gibraltar,”;
ii
for “and Switzerland” substitute “, Switzerland and the overseas territories”
;
i
after paragraph 10BA insert—
10BB
1
A person—
a
who is settled in the United Kingdom on the first day of the first academic year of the course;
b
who is attending or undertaking a designated course in Wales;
c
who has been ordinarily resident in the specified British overseas territories for at least part of the three-year period preceding the first day of the first academic year of the course;
d
who has been ordinarily resident in the territory comprising the United Kingdom, the Islands and the specified British overseas territories throughout the three-year period preceding the first day of the first academic year of the course;
e
who did not move to Wales from the Islands for the purpose of undertaking the designated course, or a course which, disregarding any intervening vacation, the person undertook immediately before undertaking the designated course; and
f
subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, the Islands and the specified British overseas territories 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 (f) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, the Islands and the specified British overseas territories in accordance with paragraph 1(4).
j
for paragraph 10D substitute—
10D
1
A person—
a
who is—
i
a United Kingdom national who has resident status in Gibraltar granted by the Government of Gibraltar; or
ii
a family member of a United Kingdom national where that family member has resident status in Gibraltar granted by the Government of Gibraltar;
b
who is attending or undertaking a designated course in Wales;
c
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 first day of the first academic year of the course; and
d
subject to sub-paragraph (3), 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 (c) been wholly or mainly for the purpose of receiving full-time education.
2
A person—
a
who is—
i
an EU national who has a right of residence in Gibraltar arising under the EU withdrawal agreement; or
ii
a family member of an EU national, where that family member has a right of residence in Gibraltar arising under the EU withdrawal agreement;
b
who is attending or undertaking a designated course in Wales;
c
who 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
subject to sub-paragraph (3), whose ordinary residence in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.
3
Paragraph (d) of sub-paragraphs (1) and (2) does not apply to a person treated as being ordinarily resident in the territory referred to in paragraph (c) of those sub-paragraphs in accordance with paragraph 1(4).
k
in paragraph 11A(d)—
i
omit “Gibraltar,”;
ii
for “and Switzerland” substitute “, Switzerland and the overseas territories”
;
l
in paragraph 12A—
i
in sub-paragraph (c)—
aa
omit “Gibraltar,”;
bb
for “and Switzerland” substitute “, Switzerland and the overseas territories”
;
ii
in sub-paragraph (d)—
aa
omit “Gibraltar,”;
bb
for “and Switzerland” substitute “, Switzerland and the overseas territories”
;
m
in paragraph 13A(d)—
i
omit “Gibraltar,”;
ii
for “and Turkey” substitute “, Turkey and the overseas territories”
.
CHAPTER 3Family members of settled persons
I6464
In Schedule 1—
a
in paragraph 1(1), in paragraph (e) of the definition of “family member”, for “paragraphs 10, 10B, 10C and 10D” substitute “paragraphs 10, 10B and 10D and for the purposes of paragraph 10C in relation to a person settled in the United Kingdom”
;
b
in paragraph 10C(1)(a), for “a United Kingdom national” substitute “settled in the United Kingdom”
.
CHAPTER 4Amendment to annual threshold
I6565
In regulation 14(5)(a), for “£10,609” substitute “fifty percent of the amount specified in regulation 13(1)”
.
CHAPTER 5Financial support – uplifts
I6666
In regulation 13—
a
in paragraph (1), for “£27,880” substitute “£28,395”
;
b
in paragraph (2)(b), for “£27,880” substitute “£28,395”
.
PART 8Amendments to the Education (Student Support) (Postgraduate Master’s Degrees) (Wales) Regulations 2019
CHAPTER 1Introduction
I6767
The Education (Student Support) (Postgraduate Master’s Degrees) (Wales) Regulations 201911 are amended in accordance with this Part.
CHAPTER 2Students from British overseas territories and related amendments
I6868
In regulation 9(1)(a)(i), after “8BA,” insert “8BB,”
.
I6969
In regulation 16(1)(b)(iii), for “or 8D(a)” substitute “, 8D(1)(a) or 8D(2)(a)”
.
I7070
In Schedule 2 —
a
in paragraph 1(2)(d)—
i
omit “Gibraltar,”;
ii
for “and Switzerland” substitute “, Switzerland and the overseas territories”
;
b
in paragraph 6A(1)(b)—
i
omit “Gibraltar,”;
ii
for “and Switzerland” substitute “, Switzerland and the overseas territories”
;
c
in paragraph 6A(2)(b)—
i
omit “Gibraltar,”;
ii
for “and Switzerland” substitute “, Switzerland and the overseas territories”
;
d
in paragraph 8A(1)(c)—
i
omit “Gibraltar,”;
ii
for “and Switzerland” substitute “, Switzerland and the overseas territories”
;
e
in paragraph 8A(1)(d)—
i
omit “Gibraltar,”;
ii
for “and Switzerland” substitute “, Switzerland and the overseas territories”
;
f
in paragraph 8A(2)(d)—
i
omit “Gibraltar,”;
ii
for “and Switzerland” substitute “, Switzerland and the overseas territories”
;
g
after paragraph 8BA insert—
8BB
1
A person—
a
who is settled in the United Kingdom on the first day of the first academic year of the course,
b
who is undertaking a designated course in Wales,
c
who has been ordinarily resident in the specified British overseas territories for at least part of the three-year period preceding the first day of the first academic year of the course,
d
who has been ordinarily resident in the territory comprising the United Kingdom, the Islands and the specified British overseas territories throughout the three-year period preceding the first day of the first academic year of the course,
e
who did not move to Wales from the Islands for the purpose of undertaking the designated course, or a course which, disregarding any intervening vacation, the person undertook immediately before undertaking the designated course, and
f
subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, the Islands and the specified British overseas territories 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 (f) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, the Islands and the specified British overseas territories in accordance with paragraph 11(2).
h
for paragraph 8D substitute—
8D
1
A person—
a
who is—
i
a United Kingdom national who has resident status in Gibraltar granted by the Government of Gibraltar, or
ii
a family member of a United Kingdom national where that family member has resident status in Gibraltar granted by the Government of Gibraltar,
b
who is undertaking a designated course in Wales,
c
who 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
subject to sub-paragraph (3), whose ordinary residence in the territory comprising the United Kingdom, Gibraltar, the EEA and Switzerland has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.
2
A person—
a
who is—
i
an EU national who has a right of residence in Gibraltar arising under the EU withdrawal agreement, or
ii
a family member of an EU national, where that family member has a right of residence in Gibraltar arising under the EU withdrawal agreement,
b
who is undertaking a designated course in Wales,
c
who has been ordinarily resident in the territory comprising the United Kingdom, the EEA, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course, and
d
subject to sub-paragraph (3), whose ordinary residence in the territory comprising the United Kingdom, the EEA, Switzerland and the overseas territories has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.
3
Paragraph (d) of sub-paragraphs (1) and (2) does not apply to a person treated as being ordinarily resident in the territory referred to in paragraph (c) of those sub-paragraphs in accordance with paragraph 11(2).
i
in paragraph 9A(c)—
i
omit “Gibraltar,”;
ii
for “and Switzerland” substitute “, Switzerland and the overseas territories”
;
j
in paragraph 9A(d)—
i
omit “Gibraltar,”;
ii
for “and Switzerland” substitute “Switzerland and the overseas territories”
;
k
in paragraph 10A(1)(d)—
i
omit “Gibraltar,”;
ii
for “and Turkey” substitute “, Turkey and the overseas territories”
;
l
in paragraph 11—
i
for sub-paragraph (2) substitute—
2
For the purposes of this Schedule, a person (“A”) is to be treated as ordinarily resident in an area if A would have been so resident but for the fact that—
a
A,
b
A’s spouse or civil partner, or
c
in the case of a dependent direct relative in the ascending line, A’s child or child’s spouse or civil partner,
is or was temporarily employed outside the area in question.
ii
for sub-paragraph (3) substitute—
3
For the purposes of sub-paragraph (2), temporary employment outside the area in question includes—
a
in the case of members of the regular naval, military or air forces of the Crown, any period which they serve outside the United Kingdom as members of such forces;
b
in the case of members of the regular armed forces of a specified British overseas territory, any period which they serve outside the territory comprising the United Kingdom and the specified British overseas territories as members of such forces;
c
in the case of members of the regular armed forces of the Republic of Ireland, any period which they serve outside the territory comprising the United Kingdom, the Islands and the Republic of Ireland as members of such forces;
d
in the case of members of the regular armed forces of an EEA State or Switzerland, any period which they serve outside the territory comprising the United Kingdom, Gibraltar, the EEA and Switzerland as members of such forces;
e
in the case of members of the regular armed forces of Turkey, any period which they serve outside the territory comprising the United Kingdom, Gibraltar, the EEA, Switzerland and Turkey as members of such forces;
f
in the case of members of the regular armed forces of an EU overseas territory, any period which they serve outside the territory comprising the United Kingdom, the EEA, Switzerland and the overseas territories.
m
in paragraph 13(1), at the appropriate places insert—
“overseas territories” (“tiriogaethau tramor”) means Anguilla, Aruba, Bermuda, British Antarctic Territory, British Indian Ocean Territory, British Virgin Islands, Cayman Islands, Falkland Islands, Faroe Islands, French Polynesia, French Southern and Antarctic Territories, Gibraltar, Greenland, Mayotte, Montserrat, Netherlands Antilles (Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten), Pitcairn, Henderson, Ducie and Oeno Islands, South Georgia and the South Sandwich Islands, St Barthélemy, St Helena and Dependencies (Ascension Island and Tristan da Cunha), St Pierre et Miquelon, the Territory of New Caledonia and Dependencies, Turks and Caicos Islands, and Wallis and Futuna;
“specified British overseas territories” (“tiriogaethau tramor Prydeinig penodedig”) means Anguilla, Bermuda, British Antarctic Territory, British Indian Ocean Territory, British Virgin Islands, Cayman Islands, Falkland Islands, Gibraltar, Montserrat, Pitcairn, Henderson, Ducie and Oeno Islands, South Georgia and the South Sandwich Islands, St Helena and Dependencies (Ascension Island and Tristan da Cunha), and Turks and Caicos Islands;
I7171
In Schedule 4, in Table 3, at the appropriate places insert the following table entries—
“overseas territories”
Schedule 2, paragraph 13(1)
“specified British overseas territories”
Schedule 2, paragraph 13(1)
CHAPTER 3Family members of settled persons
I7272
In Schedule 2, in paragraph 8C(a), for “a United Kingdom national” substitute “settled in the United Kingdom”
.
CHAPTER 4Financial support – uplifts
I7373
In regulation 31—
a
in paragraph (2), for “£17,430” substitute “£17,770”
;
b
in paragraph (3)(b), for “£17,430” substitute “£17,770”
.
I7474
In regulation 36—
a
in paragraph (8), for “£17,430” substitute “£17,770”
;
b
in paragraph (10), for “£17,430” substitute “£17,770”
.
(This note is not part of the Regulations)