The Education (Student Support) (Wales) Regulations 2017

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations provide for financial support for students who are ordinarily resident in Wales taking designated higher education courses in respect of academic years beginning on or after 1 September 2017. They consolidate, with some changes, the Education (Student Support) (Wales) Regulations 2015 (“the 2015 Regulations”) as amended.

These Regulations revoke the 2015 Regulations subject to the provisions of regulation 3 explained below. The 2015 Regulations will continue to apply to the provision of support to students in relation to the academic year which begins on or after 1 September 2015 but before 1 September 2017. Regulation 3 sets out the extent of the revocation. Changes of substance made in these Regulations are highlighted below.

To qualify for financial support a student must be an “eligible student”. Broadly, a person is an eligible full-time student if that person falls within one of the categories listed in Part 2 of Schedule 1 and also satisfies the eligibility provisions in Part 2 of the Regulations (separate eligibility provisions apply to students undertaking distance learning, part-time and postgraduate courses and Parts 11 to 13 of the Regulations refer).

The Regulations apply to students ordinarily resident in Wales wherever they study on a designated course in the United Kingdom. For the purposes of these Regulations a person who is ordinarily resident in Wales, England, Scotland, Northern Ireland, the Channel Islands or the Isle of Man as a result of having moved from one of those areas for the purpose of undertaking a designated course is considered ordinarily resident in the place from which that person moved (Schedule 1, paragraph 1(3)). An eligible student must also satisfy any requirements elsewhere in the Regulations; in particular the specific requirements applicable to each type of financial support.

Support is only available under the Regulations in respect of “designated” courses within the meaning of regulations 5, 66, 83, 112 and Schedule 2.

The following grants and loans are available to eligible students, in respect of full time courses, subject to the conditions prescribed in the relevant regulations—

• New fee grant (regulation 16);

• New fee loan (regulation 19);

• New private institution fee loan (regulation 21);

• Accelerated graduate entry fee loan (regulation 22);

• Grant for disabled students’ living costs (regulation 24);

• Grant for travel (regulations 32 to 34);

• Maintenance grant or special support grant (regulations 35 to 40);

• Loans for living costs (Part 6); and

• College fee loans (Schedule 4).

There are sub-categories of an eligible student, namely a “2010 cohort student”, a “2011 cohort student” and a “2011 gap year student” and a “2012 cohort student”. A 2012 cohort student is an eligible student who begins the present course on or after 1 September 2012 and the relevant provisions will continue to apply to students who begin the present course on or after 1 September 2017. The definition of 2012 cohort student in regulation 2(1) also provides that certain categories of students are not classed as 2012 cohort students.

Part 2 of these Regulations concerns eligibility.

Part 3 of these Regulations makes provision for applications for support (regulation 9), time limits for applications (regulation 10) and regulation 11 and Schedule 3 specify the information that must be provided by applicants.

Part 4 of these Regulations provides for fee support, in the form of fee grants and fee loans.

Regulation 16 provides for the payment of a new fee grant to 2012 cohort students. Regulation 18 provides for the payment of fee loans to eligible students who do not qualify for a new fee grant. A new cohort student (other than a 2012 cohort student) falls within that category. The payment of fee loans under regulation 18 will only apply in relation to courses beginning before 1 September 2012.

The fee loans available in respect of courses beginning on or after 1 September 2012 are set out in regulations 19 to 22. Regulation 19 provides for the payment of a new fee loan to 2012 cohort students who undertake courses at recognised educational institutions. Regulation 20 provides an additional fee loan to a maximum of £250. This will apply in respect of courses provided by regulated institutions that are permitted to charge fees that exceed £9,000. A recognised educational institution is defined in regulation 2. Regulation 21 provides for the payment of a new private institution fee loan to 2012 cohort students who undertake courses at private institutions. Finally, regulation 22 provides for the payment of an accelerated graduate entry fee loan to students who begin accelerated graduate entry courses on or after 1 September 2012.

Part 5 of these Regulations makes provision for grants for living costs which includes grants for travel for certain categories of eligible student.

It provides that the amount of maintenance grant or special support grant payable to an eligible student will differ according to whether the student is an eligible student who is a 2010 cohort student or a 2012 cohort student (regulation 43), or a 2011 cohort student (regulation 44).

Regulation 27 makes provision for the childcare grant which is payable in respect of childcare charges incurred in relation to children who are dependent on an eligible student, including children who are born after the beginning of the academic year. This regulation also now enables the Welsh Ministers to limit the amount of childcare grant payable where an eligible student does not submit details of the childcare provider.

Regulations 25 to 29 make provision for the grants for dependants. Regulation 30 provides that the residual income of any partner or adult dependant in the prior financial year and the net income of any child dependant in the prior financial year will be taken into account when calculating the amount of any grants for dependants. However, where a dependant’s income for the current financial year is likely to be 15 per cent less than their income in the prior financial year, the Welsh Ministers may assess the dependant’s income on the basis of the current financial year. Regulation 30 provides definitions of “dependant”, “residual income”, “net income”, “prior financial year” and “current financial year” for these purposes. Equivalent provision is made in respect of part-time grants for dependants in Part 12 of these Regulations.

Part 6 makes provision for loans for living costs.

The amount of loan payable to an eligible student may differ according to whether the student is a 2010 cohort student, a 2012 cohort student or a 2012 accelerated graduate entry student undertaking their first year of study (regulation 43); or a 2011 cohort student (regulation 44).

Part 7 sets out general provisions relating to loans made under the Regulations.

Part 8 and Schedule 4 make provision for “college fee loans”. These are loans in respect of the college fees payable by a qualifying student to a college or permanent private hall of the University of Oxford or to a college of the University of Cambridge in connection with attendance of a qualifying student on a qualifying course.

Part 9 and Schedule 5 continue to make provision for the means-testing of students taking designated full-time courses. A contribution from the student is calculated on the basis of household income. The contribution is to be applied to specified grants and loans until it is extinguished against the amount of the particular grants and loans for which the student qualifies.

Part 10 makes provision for payment of grants and loans.

Part 11 makes provision for support to students who are undertaking designated distance learning courses.

Part 12 and Schedule 6 make provision for support for part-time courses. Regulation 86 makes provision for a new part-time fee loan which is available to eligible part-time students who start designated part-time courses on or after 1 September 2014. The level of new part-time fee loan will vary according to whether the designated part-time course is provided by an institution in Wales or an institution in England, Scotland or Northern Ireland. The level of new part-time fee loan will also vary according to whether the designated part-time course is provided by a publicly funded institution or private institution in England, Scotland or Northern Ireland. The new part-time fee loan will be available to new eligible part-time students who study designated part-time courses at an intensity of study above 25 per cent.

Regulation 87 makes provision for a new part-time course grant, which is means tested, and available to eligible part-time students who start designated part-time courses on or after 1 September 2014. The new part-time course grant will be available to eligible part-time students who study designated part-time courses at an intensity of study above 50 per cent.

Part 13 makes provision for postgraduate students with disabilities.

Regulations 24, 27, 32, 35, 38, 88 and 117 make provision (in part) for students who become eligible for certain types of support part way through an academic year. They provide that such students will now only qualify for the relevant support in respect of the academic quarters following the event which triggers their eligibility.

The Welsh Ministers’ Code of Practice on the

carrying out of Regulatory Impact Assessments was

considered in relation to these Regulations. As a result,

a regulatory impact assessment has been prepared as to

the likely costs and benefits of complying with these

Regulations. A copy can be obtained from the Higher Education Division, Welsh Government, Cathays Park, Cardiff, CF10 3NQ.