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1.—(1) The title of these Regulations is the Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2022.
(2) These Regulations come into force on 23 February 2022.
2. These Regulations apply to the provision of support to a student in relation to an academic year which begins on or after 1 August 2022, whether or not anything done under these Regulations is done before, on or after that date.
3. The Education (Fees and Awards) (Wales) Regulations 2007(1) are amended in accordance with this Part.
4. In the Schedule in paragraph 1, in the definition of “person granted leave to enter or remain as a protected person”—
(a)omit the terminal “or” at the end of paragraph (c);
(b)after paragraph (d) insert—
“(e)indefinite leave to enter the United Kingdom under paragraph 276BA2 of the immigration rules, indefinite leave to remain in the United Kingdom under paragraph 276BS2 of the immigration rules or leave to enter or indefinite leave to enter the United Kingdom under paragraph 276BJ2 or 276BO2 of the immigration rules;
(f)leave to enter or indefinite leave to enter or remain in the United Kingdom outside the immigration rules on the basis of the Afghan Relocations and Assistance Policy Scheme;
(g)indefinite leave to enter or remain in the United Kingdom outside the immigration rules on the basis of the Afghan Citizens Resettlement Scheme; or
(h)indefinite leave to enter or remain in the United Kingdom outside the immigration rules as the spouse, civil partner or dependent child of a person falling into paragraph (g) or dependent child of such a spouse or civil partner;”.
5. Omit regulation 2(8).
6. The Education (European University Institute) (Wales) Regulations 2014(2) are amended in accordance with this Part.
7. In regulation 3, at the appropriate place insert—
““person with leave to enter or remain as a relevant Afghan citizen” (“person sydd â chaniatâd i ddod i mewn neu i aros fel dinesydd perthnasol o Affganistan”) means a person granted—
indefinite leave to enter the United Kingdom under paragraph 276BA2 of the immigration rules, indefinite leave to remain in the United Kingdom under paragraph 276BS2 of the immigration rules or leave to enter or indefinite leave to enter the United Kingdom under paragraph 276BJ2 or 276BO2 of the immigration rules;
leave to enter or indefinite leave to enter or remain in the United Kingdom outside the immigration rules on the basis of the Afghan Relocations and Assistance Policy Scheme;
indefinite leave to enter or remain in the United Kingdom outside the immigration rules on the basis of the Afghan Citizens Resettlement Scheme; or
indefinite leave to enter or remain in the United Kingdom outside the immigration rules as the spouse, civil partner or dependent child of a person falling into paragraph (c) or dependent child of such a spouse or civil partner;”.
8. In regulation 6, after paragraph (10E) insert—
“(10F) Where—
(a)the Welsh Ministers determined that, by virtue of being a person with leave to enter or remain as a relevant Afghan citizen, a person (“A”) was an eligible student in connection with an application for support for an earlier year of the current course or in connection with an application for support for a designated course at the Institute from which A’s status as an eligible student has been transferred to the current course; and
(b)the period for which a person with leave to enter or remain as a relevant Afghan citizen is allowed to stay in the United Kingdom is due to expire before the first day of the academic year in respect of which A is applying for support and, as at the day before that academic year begins, no further leave to remain has been granted and no appeal is pending,
A’s status as an eligible student terminates on the day before the first day of the academic year in respect of which A is applying for support.”
9. In Schedule 1, in paragraph 4ZA(4)(b)—
(a)in sub-paragraph (iii), omit the terminal “or” and after sub-paragraph (iv) insert “or”;
(b)after sub-paragraph (iv) insert—
“(v)a person with leave to enter or remain as a relevant Afghan citizen;”.
10. The Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015(3) are amended in accordance with this Part.
11. In paragraph 1 of the Schedule, in the definition of “person granted leave to enter or remain as a protected person”—
(a)omit the terminal “or” at the end of paragraph (c);
(b)after paragraph (d) insert—
“(e)indefinite leave to enter the United Kingdom under paragraph 276BA2 of the immigration rules, indefinite leave to remain in the United Kingdom under paragraph 276BS2 of the immigration rules or leave to enter or indefinite leave to enter the United Kingdom under paragraph 276BJ2 or 276BO2 of the immigration rules;
(f)leave to enter or indefinite leave to enter or remain in the United Kingdom outside the immigration rules on the basis of the Afghan Relocations and Assistance Policy Scheme;
(g)indefinite leave to enter or remain in the United Kingdom outside the immigration rules on the basis of the Afghan Citizens Resettlement Scheme; or
(h)indefinite leave to enter or remain in the United Kingdom outside the immigration rules as the spouse, civil partner or dependent child of a person falling into paragraph (g) or dependent child of such a spouse or civil partner;”.
12. In the Schedule, in paragraph 1(6)—
(a)for “Scotland,” substitute “Scotland or”;
(b)omit “or the Islands”.
13. The Education (Student Support) (Wales) Regulations 2017(4) are amended in accordance with this Part.
14. In regulation 16—
(a)in paragraph (3)(a), for “£4,395” substitute “£4,295”;
(b)in paragraph (3)(b), for “£4,605” substitute “£4,705”;
(c)in paragraph (4)(a), for “£2,270” substitute “£2,220”;
(d)in paragraph (4)(b), for “£2,230” substitute “£2,280”.
15. In regulation 19—
(a)in paragraph (3)(a), for “£4,605” substitute “£4,705”;
(b)in paragraph (4)(a), for “£2,230” substitute “£2,280”.
16. In regulation 24(3), for “£31,831” substitute “£32,546”.
17. In regulation 26(3), for “£3,190”, in both places it occurs, substitute “£3,262”.
18. In regulation 27—
(a)in paragraph (7)—
(i)in sub-paragraph (a), for “£179.62” substitute “£184”;
(ii)in sub-paragraph (b), for “£307.95” substitute “£315”;
(b)in paragraph (9)(a), for “£138.81” substitute “£141”.
19. In regulation 28(2), for “£1,821” substitute “£1,862”.
20. In regulation 43—
(a)in paragraph (2)(i), for “£6,027” substitute “£6,163”;
(b)in paragraph (2)(ii), for “£10,907” substitute “£11,152”;
(c)in paragraph (2)(iii), for “£9,283” substitute “£9,492”;
(d)in paragraph (2)(iv), for “£9,283” substitute “£9,492”;
(e)in paragraph (2)(v), for “£7,786” substitute “£7,961”;
(f)in paragraph (3)(i), for “£5,457” substitute “£5,580”;
(g)in paragraph (3)(ii), for “£9,932” substitute “£10,155”;
(h)in paragraph (3)(iii), for “£8,074” substitute “£8,256”;
(i)in paragraph (3)(iv), for “£8,074” substitute “£8,256”;
(j)in paragraph (3)(v), for “£7,213” substitute “£7,375”.
21. In regulation 45—
(a)in paragraph (1)(a)(i), for “£2,862” substitute “£2,926”;
(b)in paragraph (1)(a)(ii), for “£5,363” substitute “£5,484”;
(c)in paragraph (1)(a)(iii), for “£4,563” substitute “£4,666”;
(d)in paragraph (1)(a)(iv), for “£4,563” substitute “£4,666”;
(e)in paragraph (1)(a)(v), for “£3,815” substitute “£3,901”;
(f)in paragraph (1)(b)(i), for “£2,862” substitute “£2,926”;
(g)in paragraph (1)(b)(ii), for “£5,363” substitute “£5,484”;
(h)in paragraph (1)(b)(iii), for “£4,563” substitute “£4,666”;
(i)in paragraph (1)(b)(iv), for “£4,563” substitute “£4,666”;
(j)in paragraph (1)(b)(v), for “£3,815” substitute “£3,901”;
(k)in paragraph (1)(c)(i), for “£4,520” substitute “£4,622”;
(l)in paragraph (1)(c)(ii), for “£8,180” substitute “£8,364”;
(m)in paragraph (1)(c)(iii), for “£6,962” substitute “£7,119”;
(n)in paragraph (1)(c)(iv), for “£6,962” substitute “£7,119”;
(o)in paragraph (1)(c)(v), for “£5,840” substitute “£5,971”;
(p)in paragraph (2)(a)(i), for “£2,175” substitute “£2,224”;
(q)in paragraph (2)(a)(ii), for “£4,102” substitute “£4,194”;
(r)in paragraph (2)(a)(iii), for “£2,973” substitute “£3,040”;
(s)in paragraph (2)(a)(iv), for “£2,973” substitute “£3,040”;
(t)in paragraph (2)(a)(v), for “£2,973” substitute “£3,040”;
(u)in paragraph (2)(b)(i), for “£2,175” substitute “£2,224”;
(v)in paragraph (2)(b)(ii), for “£4,102” substitute “£4,194”;
(w)in paragraph (2)(b)(iii), for “£3,336” substitute “£3,411”;
(x)in paragraph (2)(b)(iv), for “£3,336” substitute “£3,411”;
(y)in paragraph (2)(b)(v), for “£2,973” substitute “£3,040”;
(z)in paragraph (2)(c)(i), for “£4,093” substitute “£4,185”;
(aa)in paragraph (2)(c)(ii), for “£7,449” substitute “£7,616”;
(bb)in paragraph (2)(c)(iii), for “£6,056” substitute “£6,192”;
(cc)in paragraph (2)(c)(iv), for “£6,056” substitute “£6,192”;
(dd)in paragraph (2)(c)(v), for “£5,410” substitute “£5,531”.
22. In regulation 50—
(a)in paragraph (1)(a), for “£89” substitute “£91”;
(b)in paragraph (1)(b), for “£172” substitute “£176”;
(c)in paragraph (1)(c), for “£188” substitute “£192”;
(d)in paragraph (1)(d), for “£188” substitute “£192”;
(e)in paragraph (1)(e), for “£135” substitute “£138”.
23. In regulation 56—
(a)in paragraph (3)(a), for “£4,520” substitute “£4,622”;
(b)in paragraph (3)(b), for “£8,180” substitute “£8,364”;
(c)in paragraph (3)(c), for “£6,962” substitute “£7,119”;
(d)in paragraph (3)(d), for “£6,962” substitute “£7,119”;
(e)in paragraph (3)(e), for “£5,840” substitute “£5,971”;
(f)in paragraph (4)(a), for “£4,093” substitute “£4,185”;
(g)in paragraph (4)(b), for “£7,449” substitute “£7,616”;
(h)in paragraph (4)(c), for “£6,056” substitute “£6,192”;
(i)in paragraph (4)(d), for “£6,056” substitute “£6,192”;
(j)in paragraph (4)(e), for “£5,410” substitute “£5,531”.
24. In regulation 88(3)(a), for “£31,831” substitute “£32,546”.
25. In regulation 91(3)—
(a)in sub-paragraph (a), for “£3,190” substitute “£3,262”;
(b)in sub-paragraph (b), for “£3,190” substitute “£3,262”.
26. In regulation 92—
(a)in paragraph (6)—
(i)in sub-paragraph (a), for “£179.62” substitute “£184”;
(ii)in sub-paragraph (b), for “£307.95” substitute “£315”;
(b)in paragraph (8)(a), for “£138.31” substitute “£141”.
27. In regulation 93(2), for “£1,821” substitute “£1,862”.
28. In regulation 117(2)(a), for “£31,831” substitute “£32,546”.
29. In regulation 2(1), in the definition of “Erasmus year”, for “known as ERASMUS or in the scheme established by the Secretary of State for Education known as the Turing Scheme,” substitute “known as ERASMUS, in the scheme established by the Secretary of State for Education known as the Turing Scheme or in the scheme established by the Welsh Ministers known as the International Learning Exchange Programme,”.
30. In regulation 2(1)—
(a)omit the definition of “grace period”;
(b)in the definition of “person with protected rights”, omit paragraph (1)(a)(iii).
31. In each of regulations 4(10E)(a), 81(10E)(a) and 110(12E)(a)—
(a)in paragraph (i), omit “(iii),”;
(b)in paragraph (ii), omit “(iii) or”.
32. In Schedule 1, omit paragraph 3(1)(a)(iii).
33. The Education (Student Support) (Wales) Regulations 2018(5) are amended in accordance with this Part.
34. In regulation 12(1), for “23D or 23E” substitute “23D, 23E or 23F”.
35. After regulation 23E insert—
“23F.—(1) This regulation applies where—
(a)a person (“P”) was an eligible student as a result of being a person with leave to enter or remain as a relevant Afghan citizen (see Schedule 2, paragraph 2ZA) in connection with an application for support—
(i)for an earlier year of the present course,
(ii)for a full-time course in relation to which the present course is a full-time end-on course, or
(iii)for a course from which P’s status as an eligible student has been transferred to the present course under regulation 28 or paragraph 7 of Schedule 5, and
(b)as at the end of the day before the first day of the academic year in respect of which P is applying for support, the period for which P is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no appeal is pending.
(2) Where this regulation applies, P’s status as an eligible student terminates immediately before the first day of the academic year in respect of which P is applying for support.”
36. In regulation 80—
(a)after paragraph (2)(b)(ib) insert—
“(ic)the student becomes a person with leave to enter or remain as a relevant Afghan citizen;”;
(b)in paragraph (3), at the appropriate place insert “person with leave to enter or remain as a relevant Afghan citizen”.
37. In regulation 81(3)(b), after paragraph (ib) insert—
“(ic)the student becomes a person with leave to enter or remain as a relevant Afghan citizen;”.
38. In Schedule 2, in paragraph 2ZA—
(a)in sub-paragraph (4)(b)—
(i)in sub-paragraph (iii), omit the terminal “or” and after sub-paragraph (iv) insert “or”;
(ii)after sub-paragraph (iv) insert—
“(v)a person with leave to enter or remain as a relevant Afghan citizen,”;
(b)after sub-paragraph (4)(e) insert—
“(ea)“person with leave to enter or remain as a relevant Afghan citizen” means a person granted—
(i)indefinite leave to enter the United Kingdom under paragraph 276BA2 of the immigration rules, indefinite leave to remain in the United Kingdom under paragraph 276BS2 of the immigration rules or leave to enter or indefinite leave to enter the United Kingdom under paragraph 276BJ2 or 276BO2 of the immigration rules,
(ii)leave to enter or indefinite leave to enter or remain in the United Kingdom outside the immigration rules on the basis of the Afghan Relocations and Assistance Policy Scheme,
(iii)indefinite leave to enter or remain in the United Kingdom outside the immigration rules on the basis of the Afghan Citizens Resettlement Scheme, or
(iv)indefinite leave to enter or remain in the United Kingdom outside the immigration rules as the spouse, civil partner or dependent child of a person falling into paragraph (iii) or dependent child of such a spouse or civil partner,”.
39. In Schedule 4—
(a)after paragraph 13E insert—
“13F.—(1) This paragraph applies where—
(a)a person (“P”) was an eligible postgraduate student by reason of them being a person with leave to enter or remain as a relevant Afghan citizen (see Schedule 2, paragraph 2ZA) in connection with an application for disabled postgraduate student’s grant—
(i)for an earlier year of the present postgraduate course, or
(ii)in connection with a course from which P’s status as an eligible postgraduate student has been transferred to the present postgraduate course under paragraph 15, and
(b)as at the end of the day before the first day of the academic year in respect of which P is applying for a disabled postgraduate student’s grant, the period for which P is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no appeal is pending.
(2) Where this paragraph applies, P’s status as an eligible student terminates immediately before the first day of the academic year in respect of which P is applying for support.”;
(b)after paragraph 14(3)(b)(ib) insert—
“(ic)the student becomes a person with leave to enter or remain as a relevant Afghan citizen;”;
(c)in paragraph 14(4), at the appropriate place insert “person with leave to enter or remain as a relevant Afghan citizen” (“person sydd â chaniatâd i ddod i mewn neu i aros fel dinesydd perthnasol o Affganistan”);”.
40. In Schedule 5, paragraph 4—
(a)after sub-paragraph (2)(ab) insert—
“(ac)the student becomes a person with leave to enter or remain as a relevant Afghan citizen;”;
(b)in sub-paragraph (3), at the appropriate place insert “person with leave to enter or remain as a relevant Afghan citizen” (“person sydd â chaniatâd i ddod i mewn neu i aros fel dinesydd perthnasol o Affganistan”);”.
41. In Schedule 7, in Table 16, at the appropriate place insert—
““person with leave to enter or remain as a relevant Afghan citizen” | Schedule 2, paragraph 2ZA” |
42. In regulation 55, Table 7 is amended as follows—
(a)in column 1, after “Beginning on or after 1 September 2021” insert “but before 1 September 2022”;
(b)at the end of the Table add the following entry—
“Beginning on or after 1 September 2022 | Category 1 | Living at home | £8,095 |
Living away from home, studying in London | £12,375 | ||
Living away from home, studying elsewhere | £9,710 | ||
Category 2 | Living at home | £4,045 | |
Living away from home, studying in London | £6,185 | ||
Living away from home, studying elsewhere | £4,855” |
43. In regulation 56—
(a)Table 8 is amended as follows—
(i)in column 1, after “Beginning on or after 1 September 2021” insert “but before 1 September 2022”;
(ii)at the end of the Table add the following entry—
“Beginning on or after 1 September 2022 | Living at home | £9,095 |
Living away from home, studying in London | £13,375 | |
Living away from home, studying elsewhere | £10,710” |
(b)Table 8A is amended as follows—
(i)in column 1, after “Beginning on or after 1 September 2021” insert “but before 1 September 2022”;
(ii)at the end of the Table add the following entry—
“Beginning on or after 1 September 2022 | Living at home | £4,045 |
Living away from home, studying in London | £6,185 | |
Living away from home, studying elsewhere | £4,855” |
44. In regulation 57, Table 9 is amended as follows—
(a)in column 1, after “Beginning on or after 1 September 2021” insert “but before 1 September 2022”;
(b)at the end of the Table add the following entry—
“Beginning on or after 1 September 2022 | Living at home | £91 |
Living away from home, studying in London | £176 | |
Living away from home, studying elsewhere | £138” |
45. In regulation 58, Table 10 is amended as follows—
(a)in column 1, after “Beginning on or after 1 September 2021” insert “but before 1 September 2022”;
(b)at the end of the Table add the following entry—
“Beginning on or after 1 September 2022 | £6,905 multiplied by the intensity of study” |
46. In regulation 58A, Table 10A is amended as follows—
(a)in column 1, after “Beginning on or after 1 September 2021” insert “but before 1 September 2022”;
(b)at the end of the Table add the following entry—
“Beginning on or after 1 September 2022 | £7,905 multiplied by the intensity of study” |
47. In regulation 63(2), in Case 1, for “£31,831” substitute “£32,546”.
48. In regulation 72, Table 11 is amended as follows—
(a)in column 1, after “Beginning on or after 1 September 2021” insert “but before 1 September 2022”;
(b)at the end of the Table add the following entry—
“Beginning on or after 1 September 2022 | £3,262” |
49. In regulation 74, Table 12 is amended as follows—
(a)in column 1, after “Beginning on or after 1 September 2021” insert “but before 1 September 2022”;
(b)at the end of the Table add the following entry—
“Beginning on or after 1 September 2022 | £1,862” |
50. In regulation 76—
(a)Table 13 is amended as follows—
(i)in column 1, after “Beginning on or after 1 September 2021” insert “but before 1 September 2022”;
(ii)at the end of the Table add the following entry—
“Beginning on or after 1 September 2022 | One dependent child | £184 |
More than one dependent child | £315” |
(b)in paragraph (4), for “£138.31” substitute “£141”.
51. In Schedule 4, in paragraph 20(2), in Case 1, for “£31,831” substitute “£32,546”.
52. In Schedule 1, in paragraph 4, for sub-paragraph (3) substitute—
“(3) In sub-paragraph (1), “ERASMUS scheme” means—
(a)the European Union’s action scheme for the mobility of university students,
(b)the scheme established by the Secretary of State for Education known as the Turing Scheme, or
(c)the scheme established by the Welsh Ministers known as the International Learning Exchange Programme.”
53. In regulation 23E(a)—
(a)in sub-paragraph (i), omit “(iii),”;
(b)in sub-paragraph (ii), omit “(iii) or”.
54. In Schedule 1, paragraph 6—
(a)omit the definition of “grace period”;
(b)in the definition of “person with protected rights”, omit paragraph (1)(a)(iii).
55. In Schedule 2, omit paragraph 1(2)(a)(iii).
56. In Schedule 4, in paragraph 13E(a)—
(a)in paragraph (i), omit “(iii),”;
(b)in paragraph (ii), omit “(iii) or”.
57. In Schedule 7, in Table 16, omit the table entry for “grace period”.
58. In Schedule 4, in paragraph 5(1), in Exception 2, after “the Regulation and Inspection of Social Care (Wales) Act 2016” insert “where the designated postgraduate course begins before 1 August 2022”.
Jeremy Miles
Minister for Education and Welsh Language, one of the Welsh Ministers
26 January 2022
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