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PART 3AMENDMENTS TO THE EDUCATION (STUDENT SUPPORT) (WALES) REGULATIONS 2017

Amendments to the Education (Student Support) (Wales) Regulations 2017

33.  In regulation 81 (eligible part-time students)—

(a)after paragraph (9) insert—

(9A) Where—

(a)the Welsh Ministers determined that, by virtue of being a person granted stateless leave or the spouse, civil partner, child or step-child of such a person, a person (“A” in this paragraph) was an eligible part-time student in connection with an application for support for an earlier year of the present part-time course or an application for support in connection with a designated course, designated distance learning course or other designated part-time course from which A’s status as an eligible part-time student, eligible student or eligible distance learning student has been transferred to the present part-time course; and

(b)as at the day before the academic year in respect of which A is applying for support begins, the period for which a person granted stateless leave is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no application for administrative review in accordance with the immigration rules(1) is pending,

A’s status as an eligible part-time student terminates immediately before the first day of the academic year in respect of which A is applying for support.;

(b)in paragraph (11), for “Paragraphs (9) and (10)” substitute “Paragraphs (9), (9A) and (10)”;

(c)after paragraph (14) insert—

(14A) But paragraph (14) does not apply to support under regulations 85 to 88 where—

(a)the student (“S”) or a close relative of S is a member of the armed forces,

(b)S is not undertaking the course in Wales on the first day of the first academic year, and

(c)S is not undertaking the course in Wales on that day because S or the close relative is serving as a member of the armed forces outside Wales.; and

(d)after paragraph (15) insert—

(15A) But paragraph (15) does not apply to support under regulations 85 to 88 where the student is undertaking the course outside the United Kingdom because the student or a close relative of the student is serving as a member of the armed forces.

(1)

See Appendix AR: administrative review.