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The Education (European University Institute) (Wales) Regulations 2014

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Welsh Statutory Instruments

2014 No. 3037 (W. 303)

Education, Wales

The Education (European University Institute) (Wales) Regulations 2014

Made

12 November 2014

Laid before the National Assembly for Wales

14 November 2014

Coming into force

5 December 2014

The Welsh Ministers, in exercise of the powers conferred upon the Secretary of State by sections 22, 42(6) and 43(1) of the Teaching and Higher Education Act 1998(1), and now exercisable by them(2) make the following Regulations:

PART 1E+WGENERAL

Title, commencement, application and interpretationE+W

1.  The title of these Regulations is the Education (European University Institute) (Wales) Regulations 2014 and they come into force on 5 December 2014.

Commencement Information

I1Reg. 1 in force at 5.12.2014, see reg. 1

2.  These Regulations apply in relation to Wales.

Commencement Information

I2Reg. 2 in force at 5.12.2014, see reg. 1

3.— [F1(1)]  In these Regulations—E+W

“1998 Act” (“Deddf 1998”) means the Teaching and Higher Education Act 1998;

[F2“2020 Citizens’ Rights Regulations” (“Rheoliadau Hawliau Dinasyddion 2020”) means the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020;]

“academic authority” (“awdurdod academaidd”) means in, relation to the Institute, the governing body or other body having the functions of a governing body and includes a person acting with the authority of that body;

“current course” (“cwrs cyfredol”) means the designated course in respect of which a person is applying for support or to be recognised as an eligible student;

“electronic signature” (“llofnod electronig”) is so much of anything in electronic form as—

(a)

is incorporated into or otherwise logically associated with any electronic communication or electronic data; and

(b)

purports to be so incorporated or associated for the purpose of being used in establishing the authenticity of the communication or data, the integrity of the communication or data, or both;

“eligible student” (“myfyriwr cymwys”) has the meaning given by regulation 6;

“European Union” (“Undeb Ewropeaidd”) means the territory comprised by the Member States of the European Union as constituted from time to time;

“grants for living and other costs” (“grantiau at gostau byw a chostau eraill”) means the grants payable under regulation 15;

[F3“immigration rules” (“rheolau mewnfudo”) means the rules laid before Parliament by the Secretary of State under section 3(2) of the Immigration Act 1971;]

“the Institute” (“yr Athrofa”) means the European University Institute;

[F4“Islands” (“Ynysoedd”) means the Channel Islands and the Isle of Man;]

[F2“person granted [F5leave to enter or remain] as a protected partner” (“person y rhoddwyd [F6caniatâd iddo ddod i mewn neu aros] fel partner a ddiogelir”) means a person who has extant [F5leave to enter or remain] in the United Kingdom as either a victim of domestic violence or domestic abuse or as a bereaved partner under any of the following provisions of the immigration rules—

(1)

[F7in the case of a person granted leave to remain before 31 January 2024, any of the following provisions of the immigration rules—]

(a)

[F8paragraphs 289B and 289D] (victims of domestic violence);

(b)

paragraphs D-DVILR.1.1 and D-DVILR.1.2 of Appendix FM (victims of domestic abuse);

(c)

paragraphs 40 and 41 of Appendix Armed Forces (victims of domestic violence who are partners of members of the armed forces);

(d)

paragraph 288, as a person in relation to whom the requirements in paragraph 287(b) of those rules are met (bereaved spouses or civil partners);

(e)

paragraphs D-BPILR.1.1 and D-BPILR.1.2 of Appendix FM (bereaved partners);

(f)

paragraphs 36 and 37 of Appendix Armed Forces (bereaved partners); or

(g)

paragraph 295N, as a person in relation to whom the requirements in paragraph 295M of those rules are met (bereaved unmarried or same sex partners);]

(2)

[F9in the case of a person granted leave to enter or remain on or after 31 January 2024, either of the following provisions of the immigration rules—

(a)

paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse, or

(b)

paragraph BP 11.1 of Appendix Bereaved Partner.]

[F3“person granted stateless leave” (“person y rhoddwyd caniatâd iddo aros fel person diwladwriaeth”) means a person who—

(a)

has extant leave to remain as a stateless person under the immigration rules; and

(b)

has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;]

[F2“person with Calais leave” (“person sydd â chaniatâd Calais”) means a person with extant leave to remain under paragraphs 352J, 352K, 352L or 352T of the immigration rules (Calais leave and “leave in line” granted by virtue of being a dependent child of a person granted Calais leave);]

“person with leave to enter or remain” (“person sydd â chaniatâd i ddod i mewn neu i aros”) means a person (“A” in this definition)—

(a)

[F10who has—

(i)

applied for refugee status but has, as a result of that application, been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that, although A is considered not to qualify for recognition as a refugee, it is thought right to allow A to enter or remain in the United Kingdom on the grounds of F11... discretionary leave, and who has been granted leave to enter or remain accordingly;

(ii)

not applied for refugee status but has been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that it is thought right to allow A to enter or remain in the United Kingdom on the grounds of discretionary leave, and who has been granted leave to enter or remain accordingly;

(iia)

[F12been granted leave to remain on the grounds of family life under the immigration rules;]

(iv)

been granted leave to remain on the grounds of private life under the immigration rules; or

(v)

been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that, although A is not considered to qualify for leave to remain on the grounds of private [F13or family] life under the immigration rules, A has been granted leave to remain outside the rules on the grounds of Article 8 of the European Convention on Human Rights;]

(b)

whose period of leave to enter or remain has not expired or has been renewed and the period for which it was renewed has not expired or in respect of whose leave to enter or remain an appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and

(c)

who has been ordinarily resident in the United Kingdom and Islands throughout the period since A was granted leave to enter or remain;

[F14“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—

(a)

[F15indefinite leave to enter the United Kingdom under paragraph 276BA2 of the immigration rules or indefinite leave to remain in the United Kingdom under paragraph 276BS2 of the immigration rules;]

(aa)

[F16leave to enter or indefinite leave to enter the United Kingdom under paragraph 276BJ2 or 276BO2 of the immigration rules or paragraph ARAP 16.1 of Appendix Afghan Relocation and Assistance Policy to the immigration rules;]

(ab)

[F16indefinite leave to enter the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy to the immigration rules or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.2 of that Appendix to the immigration rules;]

(b)

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; [F17or]

(c)

indefinite leave to enter or remain in the United Kingdom outside the immigration rules on the basis of the Afghan Citizens Resettlement Scheme; F18...

(d)

F18...]

[F2“person with protected rights” (“person syddâ hawliau gwarchodedig”) means—

(1)

—

(a)

a person within the personal scope of the citizens’ rights provisions who—

(i)

has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules;

(ii)

is an Irish citizen who, pursuant to section 3ZA of the Immigration Act 1971, does not require leave to enter or remain in the United Kingdom;

(iii)

is an applicant for the purposes of regulation 4 of the 2020 Citizens’ Rights Regulations where the relevant period has not expired; or

(iv)

otherwise has rights deemed to apply by virtue of any citizens’ rights deeming provisions; or

(b)

a family member of a relevant person of Northern Ireland for the purposes of residence scheme immigration rules, where that family member has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules.

(2)

In paragraph (1)(a)(iv), “citizens’ rights deeming provisions” means—

(a)

Article 18(2) and (3) (issuance of residence documents) of the EU withdrawal agreement;

(b)

Article 17(2) and (3) (issuance of residence documents) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020); or

(c)

Article 16(2) and (3) (issuance of residence documents) of the Swiss citizens’ rights agreement;]

[F19“person with section 67 leave to remain” (“person sydd â chaniatâd i aros o dan adran 67”) means a person who—

(a)

has extant leave to remain in the United Kingdom under section 67 of the Immigration Act 2016 and in accordance with the immigration rules; and

(b)

has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;]

[F20“protected Ukrainian national” (“gwladolyn Wcreinaidd a ddiogelir”) means a person granted leave to enter or remain in the United Kingdom—

(a)

under paragraph 9.1 (Ukraine Family Scheme), 19.1 (Homes for Ukraine Sponsorship Scheme) or 27.1 (Ukraine Extension Scheme) of Appendix Ukraine Scheme of the immigration rules; or

(b)

outside the immigration rules, where the person—

(i)

was residing in Ukraine immediately before 1 January 2022; and

(ii)

left Ukraine in connection with the Russian invasion which took place on 24 February 2022;]

“qualifying course” (“cwrs cymwys”) means a course—

(a)

which is—

(i)

a postgraduate or comparable course; and

(ii)

of at least two academic years’ duration; and

(b)

in respect of which the student received, for at least two academic years of the course, a statutory award other than an award intended to assist with additional expenditure that the student was obliged to incur in connection with attendance on the course by reason of a disability to which the student is or was subject;

“refugee” (“ffoadur”) means a person who is recognised by Her Majesty’s government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28 July 1951(3) as extended by the Protocol thereto which entered into force on 4 October 1967(4);

“relevant date” (“dyddiad perthnasol”) means 1 February of the calendar year in which the academic year of the current course begins;

[F2“relevant period” (“cyfnod perthnasol”) has the meaning given by regulation 4 of the 2020 Citizens’ Rights Regulations;]

[F2“relevant person of Northern Ireland” (“person perthnasol o Ogledd Iwerddon”) has the meaning given by residence scheme immigration rules;]

[F2“residence scheme immigration rules” (“rheolau mewnfudo’r cynllun preswylio“) has the meaning given by section 17(1) of the European Union (Withdrawal Agreement) Act 2020;]

“statutory award” (“dyfarniad statudol”) means any award bestowed, grant paid or other support provided by virtue of the 1998 Act or the Education Act 1962(5), or any comparable award, grant or other support in respect of undertaking a course which is paid out of public funds;

“student loans legislation” (“y ddeddfwriaeth ar fenthyciadau i fyfyrwyr”) means the Education (Student Loans) Act 1990(6), the Education (Student Loans) (Northern Ireland) Order 1990(7), the Education (Scotland) Act 1980(8) and regulations made thereunder, the Education (Student Support) (Northern Ireland) Order 1998(9) and regulations made thereunder or the 1998 Act and regulations made thereunder;

“supplementary grants” (“grantiau atodol”) means the grants payable under Chapter 2 of Part 4.

[F2“Swiss citizens’ rights agreement” (“cytundeb ar hawliau dinasyddion Swisaidd“) has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;]

[F21(2) For the purposes of these Regulations, a person is within the personal scope of the citizens’ rights provisions if that person falls within—

(a)Article 10 (personal scope) of the EU withdrawal agreement;

(b)Article 9 (personal scope) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020); or

(c)Article 10 (personal scope) of the Swiss citizens’ rights agreement.]

Textual Amendments

F17Word in reg. 3(1) inserted (with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (No. 3) (Wales) Regulations 2023 (S.I. 2023/1349), regs. 1(2), 10(b) (with reg. 79(2))

F18Words in reg. 3(1) omitted (with application in accordance with reg. 2 of the amending S.I.) by virtue of The Education (Student Finance) (Miscellaneous Amendments) (No. 3) (Wales) Regulations 2023 (S.I. 2023/1349), regs. 1(2), 10(c) (with reg. 79(2))

F19Words in reg. 3 inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2019 (S.I. 2019/235), regs. 1(3)(a), 8(b)

Commencement Information

I3Reg. 3 in force at 5.12.2014, see reg. 1

RevocationE+W

4.  The following Regulations are revoked on 5 December 2014—

(a)The Assembly Learning Grants (European University Institute) (Wales) Regulations 2009(10);

(b)the Assembly Learning Grants (European University Institute) (Wales) (Amendment) Regulations 2010(11).

Commencement Information

I4Reg. 4 in force at 5.12.2014, see reg. 1

PART 2E+WAPPLYING FOR SUPPORT AND ELIGIBILITY

ApplicationsE+W

5.—(1) Unless a person seeking support under these Regulations is already an eligible student by virtue of regulation 6(8), that person must submit an application to be considered as an eligible student and an application for support in such form as the Welsh Ministers may require to the Institute by the application deadline.

(2) Where a person (“A” in this paragraph) seeking support under these Regulations is already an eligible student by virtue of regulation 6(8), A must notify the Welsh Ministers in writing by the application deadline that A wishes to apply for support under these Regulations.

(3) Subject to paragraph (4), the application deadline is 31 January of the calendar year in which the academic year of the current course begins.

(4) The Welsh Ministers may extend the application deadline if they consider that the circumstances of the case warrant it.

Commencement Information

I5Reg. 5 in force at 5.12.2014, see reg. 1

Eligible studentsE+W

6.—(1) An eligible student qualifies for financial support in connection with attendance on a designated course subject to and in accordance with these Regulations.

(2) Subject to [F22paragraphs (2B) and] (3), a person is an eligible student in connection with a designated course at the Institute if—

(a)the academic authority notifies the Welsh Ministers in writing that the person has a reasonable chance of being offered a place on that course by the academic authority; and

[F23(b)the Welsh Ministers determine in connection with an application for support under these Regulations that the person falls within one of the categories set out—

(i)[F24in paragraphs 2, F25... 3, 4, 4ZA, 4ZB, 4ZC, 5, 6A, 8A,F25...9B, F25... 10A, 11A and 12A of Part 2 of Schedule 1, or]

(ii)[F26in paragraphs 6, 7, 8, F27... 10, 11 and 12 of Part 2 of Schedule 1, where paragraph (2A) applies.]

(2A) This paragraph applies where—

(a)in connection with a designated course beginning before 1 September 2022, the Welsh Ministers, in assessing an application for support by a person (“A”), determined that A fell within one of the categories set out in paragraphs 6, 7, 8, F28... 10, 11 and 12 in Part 2 of Schedule 1 in relation to an academic year of the course beginning before 1 September 2022; and

(b)A applies for support in connection with that course, or a designated course to which A’s status as an eligible student is transferred from that course in accordance with this Part.

(2B) In connection with a designated course beginning on or after 1 January 2028, paragraph (2)(b) has effect as if it did not mention paragraphs [F298A and 9B].]

(3) A person (“A” in this paragraph) is not an eligible student if—

(a)subject to paragraph (4), A has attended a qualifying course;

(b)A is in breach of an obligation to repay any loan;

(c)A has reached the age of 18 and not ratified any agreement for a loan made with A when A was under the age of 18; or

(d)A has, in the opinion of the Welsh Ministers, shown by A’s conduct that A is unfitted to receive support.

(4) Paragraph (3)(a) does not apply where the person has attended a qualifying course but the Welsh Ministers have determined that having regard to the particular circumstances of that person’s case it is appropriate to pay that person support in connection with the current course.

(5) For the purposes of paragraph (3)(b) and (c), “loan” (“benthyciad”) means a loan made under the student loans legislation.

(6) In a case where the agreement for a loan is subject to the law of Scotland, paragraph (3)(c) only applies if the agreement was made—

(a)before 25 September 1991; and

(b)with the concurrence of the borrower’s curator or at a time when the borrower had no curator.

(7) An eligible student in respect of whom the first academic year of the course begins on or after 1 September 2000 does not, at any one time, qualify for support for more than one designated course.

(8) Despite paragraphs (2) and (3) and subject to paragraphs [F30(2B) and (9) to (10D)], a person (“A” in this paragraph) is an eligible student in connection with a designated course at the Institute if—

(a)A qualified as an eligible student in connection with—

(i)an earlier academic year of the current course; or

(ii)a designated course that A attended at the Institute and from which A’s status as an eligible student was transferred to the current course; and

(b)A’s status as an eligible student has not terminated.

(9) Where—

(a)the Welsh Ministers determined that, by virtue of being a refugee or the spouse, civil partner, child or step-child of a refugee, a person (“A” in this paragraph) 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 refugee status of A or of A’s spouse, civil partner, parent or step-parent, as the case may be, 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 (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),

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.

[F31(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 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 granted stateless leave 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 application for administrative review in accordance with the immigration rules 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.]

[F32(9B) Where—

(a)the Welsh Ministers determined that, by virtue of being a person granted humanitarian protection under paragraph 339C of the immigration rules or the spouse, civil partner, child or step-child of such a person, a person (“A” in this paragraph) 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 the person granted humanitarian protection under paragraph 339C of the immigration rules 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 within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002,

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.]

(10) Where—

(a)the Welsh Ministers determined that, by virtue of being a person with leave to enter or remain or the spouse, civil partner, child or step-child of such a person, a person (“A” in this paragraph) 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 the person with leave to enter or remain 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 (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),

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.

[F33(10A) Where—

(a)the Welsh Ministers determined that, by virtue of being a person with section 67 leave to remain or the child of such a person, a person (“A” in this paragraph) 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 section 67 leave to remain 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 (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),

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.]

[F34(10B) Where—

(a)the Welsh Ministers determined that, by virtue of being a person with protected rights with limited leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules, a person (“A”) was an eligible student in connection with—

(i)an application for support for an earlier year of the current course; or

(ii)an application for support in connection with a designated course at the Institute from which A’s status as an eligible student has been transferred to the current course; and

(b)as at the day before the academic year in respect of which A is applying for support begins, A no longer has extant limited leave to enter or remain granted by virtue of residence scheme immigration rules and no further leave to enter or remain has been granted under those rules,

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

(10C) Where—

(a)the Welsh Ministers determined that, by virtue of being a person with Calais leave, 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 Calais leave 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,

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.

(10D) Where—

(a)the Welsh Ministers determined that, by virtue of being a person granted [F35leave to enter or remain] as a protected partner or the child of such 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 granted [F36leave to enter or remain] as a protected partner 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 [F36leave to enter or remain] has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),

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.

(10E) Where—

(a)the Welsh Ministers have determined that, by virtue of—

(i)falling within paragraph [F37(1)(a)(iii) or (iv)] of the definition of “person with protected rights”; or

(ii)meeting the conditions in paragraph [F383(1)(a)(iv)] in Part 2 of Schedule 1,

A person (“A”) is an eligible student in connection with an application for support for an academic year of a designated course; and

(b)as at the day before the academic year begins, A is not a person with protected rights,

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

[F39(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.]

[F40(10G) Where—

(a)the Welsh Ministers determined, that by virtue of being a protected Ukrainian national [F41or the spouse, civil partner, child or step-child of such a person], a person (“A” in this paragraph) 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

[F42(b)the period for which the person with leave to enter or remain as a protected Ukrainian national 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,]

Aʼs status as an eligible student terminates immediately before the first day of the academic year in respect of which A is applying for support.]

(11) [F43Paragraphs (9), (9A), [F44(9B),] (10) and (10A)] do not apply where the student began the course in connection with which the Welsh Ministers determined that he or she was an eligible student before 1 September 2007.

(12) The Welsh Ministers may take such steps and make such inquiries as they consider necessary to determine whether a person is an eligible student.

(13) The Welsh Ministers must inform a person who has been notified to them under paragraph (2)(a) whether that person qualifies as an eligible student.

(14) A person who has received notification from the Welsh Ministers under paragraph (13) that the person is an eligible student in connection with a course at the Institute and a person who is an eligible student at the Institute by virtue of paragraph (8) must, by the deadline for receipt of financial information, provide the Welsh Ministers with any information or documentation that they request in order to determine the amount of support payable under these Regulations in respect of the academic year.

(15) The deadline for receipt of financial information is 30 April of the calendar year in which the academic year of the current course begins or, in the case of grants payable under regulation 15(6), 28 February of the calendar year after that in which the academic year of the current course begins.

(16) The Welsh Ministers must notify an eligible student of the amount of support payable in respect of the academic year, if any.

Textual Amendments

F33Reg. 6(10A) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2019 (S.I. 2019/235), regs. 1(3)(a), 9(a)

F43Words in reg. 6(11) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2019 (S.I. 2019/235), regs. 1(3)(a), 9(b)

Commencement Information

I6Reg. 6 in force at 5.12.2014, see reg. 1

Designated coursesE+W

7.  A course is designated for the purposes of section 22(1) of the 1998 Act and regulation 6 if it is—

(a)a postgraduate or comparable course;

(b)a full-time course;

(c)of at least one academic year’s duration; and

(d)provided by the Institute,

unless it is a course that leads to the award of a master of laws qualification.

Commencement Information

I7Reg. 7 in force at 5.12.2014, see reg. 1

Period of eligibilityE+W

8.—(1) Subject to the following paragraphs and regulation 6, a student’s status as an eligible student in connection with a designated course will terminate at the end of the third academic year of the student’s course (“period of eligibility”).

(2) The student’s period of eligibility terminates when the student—

(a)withdraws from the designated course in circumstances in which the Welsh Ministers will not transfer the student’s status as an eligible student in accordance with regulation 9; or

(b)abandons or is expelled from the designated course.

(3) The Welsh Ministers may terminate the student’s period of eligibility if they are satisfied that the conduct of the student has shown that the student is unfitted to receive support.

(4) Where the student’s period of eligibility will terminate before the end of the academic year in which the student will actually complete the course, the Welsh Ministers may, at any time, extend or renew the period of eligibility for such period as they determine.

(5) If the Welsh Ministers are satisfied that an eligible student has failed to comply with any requirement to provide information under these Regulations or has provided information which is inaccurate in a material particular, the Welsh Ministers may do one or more of the following—

(a)terminate the student’s period of eligibility;

(b)determine that the student no longer qualifies for any particular type of support or particular amount of support;

(c)treat any support already paid to the student as an overpayment which may be recovered in accordance with regulation 30.

Commencement Information

I8Reg. 8 in force at 5.12.2014, see reg. 1

Transfer of eligibilityE+W

9.—(1) Where an eligible student transfers to another designated course at the Institute, the Welsh Ministers must transfer the student’s status as an eligible student where—

(a)they receive a request from the eligible student to do so;

(b)they are satisfied that the eligible student has begun to attend that other course on the recommendation of the academic authority; and

(c)the student’s status as an eligible student has not terminated.

[F45(1A) Paragraph (1) applies to a person who is an eligible student by virtue of regulation 6(2)(b)(ii) only where that person’s status as an eligible student has not been transferred on or after 1 September 2022 from the designated course referred to in regulation 6(2A)(a) to another designated course.]

(2) An eligible student who transfers under paragraph (1) is to receive in connection with the academic year of the course to which the student transfers the remainder of the support assessed by the Welsh Ministers in respect of the academic year of the course from which the student transfers.

(3) An eligible student who transfers under paragraph (1) after the Welsh Ministers have assessed support in connection with the academic year of the course from which the student is transferring but before the student completes that year may not, in connection with the academic year of the course to which the student transfers, apply for another grant of a kind that the student has already applied for under these Regulations in connection with the academic year of the course from which the student is transferring.

Textual Amendments

Commencement Information

I9Reg. 9 in force at 5.12.2014, see reg. 1

PART 3E+WPROVISION OF INFORMATION

InformationE+W

10.  Every applicant and eligible student must, as soon as reasonably practicable after being requested to do so, provide the Welsh Ministers with such information as the Welsh Ministers consider they require for the purposes of these Regulations.

Commencement Information

I10Reg. 10 in force at 5.12.2014, see reg. 1

11.  Every applicant and eligible student must immediately inform the Welsh Ministers and provide the Welsh Ministers with particulars if—

(a)the applicant or student withdraws from, abandons or is expelled from the course;

(b)the applicant or student transfers to another course at the Institute;

(c)the applicant or student ceases to attend the course and does not intend to or is not permitted to continue it for the remainder of the academic year;

(d)the applicant or student is absent from the course for more than 60 days due to illness or for any period for any other reason;

(e)the month for the start or the completion of the course changes;

(f)the applicant’s or student’s home or term-time address changes.

Commencement Information

I11Reg. 11 in force at 5.12.2014, see reg. 1

12.  Information provided to the Welsh Ministers pursuant to these Regulations must be in the format required by the Welsh Ministers and, if the Welsh Ministers require the information to be signed by the person providing it, an electronic signature in such form as they may specify satisfies this requirement.

Commencement Information

I12Reg. 12 in force at 5.12.2014, see reg. 1

PART 4E+WFINANCIAL SUPPORT

GeneralE+W

13.—(1) Subject to paragraph (2), the general rule is that an eligible student who is attending a designated course provided by the Institute qualifies in connection with an academic year for—

(a)grants for living and other costs in accordance with Chapter 1; and

(b)supplementary grants in accordance with Chapter 2.

(2) If the academic year in respect of which the eligible student has applied for support is a year of repeat study the Welsh Ministers may determine that—

(a)the student does not qualify for a particular type or amount of support in respect of the year of repeat study; or

(b)the student does not qualify for any support in respect of the year of repeat study.

(3) In determining whether an eligible student should not qualify for some or any support in accordance with paragraph (2) the Welsh Ministers must have regard to the circumstances of the case and in particular the reasons for which the student has been required to repeat an academic year.

(4) For the purposes of this regulation, “year of repeat study” (“blwyddyn o ailadrodd astudiaethau”) means an academic year which the student has previously attended but is required by the Institute to attend again.

Commencement Information

I13Reg. 13 in force at 5.12.2014, see reg. 1

Number of awardsE+W

14.—(1) In respect of applications for support made under regulation 5(1), the Welsh Ministers may only award support to one eligible student in each academic year.

(2) Where more than one eligible student makes an application for support under regulation 5(1) in respect of the same academic year the Welsh Ministers must (if they have determined to award support) award that support to whichever of the eligible students the Welsh Ministers determine is most suitable to receive support.

Commencement Information

I14Reg. 14 in force at 5.12.2014, see reg. 1

CHAPTER 1E+WGRANTS FOR LIVING AND OTHER COSTS

Grants for living and other costsE+W

15.—(1) [F46An] eligible student qualifies in respect of an academic year for the grants for living and other costs specified in and calculated in accordance with paragraphs (3) to (7).

F47(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) An eligible student qualifies for a grant for living costs of 18,099 euro in relation to an academic year beginning on or after 1 September 2015.

(4) An eligible student qualifies for a grant for travel home of an amount equal to—

A formula for calculating travel costs

where—

A is the amount determined by the Welsh Ministers to be the cost of three return journeys from the student’s home address to the European University Institute; and

B is £105.

(5) An eligible student qualifies for a grant for college travel of the amount determined by the Welsh Ministers to be the reasonable cost of travel from the student’s residence whilst attending the Institute to the Institute.

(6) Subject to the prior agreement of the Welsh Ministers before costs are incurred, an eligible student qualifies for a grant for research travel of the amount determined by the Welsh Ministers to be the reasonable cost of travel incurred for the purposes of completing periods of research authorised by the Institute during the academic year in respect of which support is being applied for.

(7) An eligible student qualifies for a grant for medical insurance of the amount determined by the Welsh Ministers to be the reasonable cost of insuring the student against liability for the cost of medical treatment provided outside the United Kingdom where the ordinary duration of the course is more than one academic year.

Textual Amendments

Commencement Information

I15Reg. 15 in force at 5.12.2014, see reg. 1

16.  A deduction may be made in accordance with Part 5 from the amount payable in respect of any of the grants calculated under paragraphs (3) to (6) of regulation 15.

Commencement Information

I16Reg. 16 in force at 5.12.2014, see reg. 1

CHAPTER 2E+WSUPPLEMENTARY GRANTS

Disabled student’s allowanceE+W

17.—(1) [F48An] eligible student qualifies for a disabled student’s allowance to assist with the additional expenditure which the Welsh Ministers are satisfied that the student is obliged to incur by reason of a disability to which the student is subject in respect of the student’s attendance at a designated course.

F49(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I17Reg. 17 in force at 5.12.2014, see reg. 1

Amount of disabled student’s allowanceE+W

18.—(1) Subject to paragraph (2), the amount of the disabled student’s allowance is the amount that the Welsh Ministers consider appropriate in accordance with the student’s circumstances to assist with one or more types of eligible expenditure.

(2) The amount of disabled student’s allowance must not exceed £10,590 in respect of an academic year.

(3) The “types of eligible expenditure” are—

(a)expenditure on a non-medical personal helper;

(b)expenditure on major items of specialist equipment;

(c)any additional expenditure incurred—

(i)in Italy for the purpose of attending the Institute; and

(ii)within or outside the United Kingdom for the purpose of travelling to the Institute in order to attend the relevant course.

Commencement Information

I18Reg. 18 in force at 5.12.2014, see reg. 1

Grant for dependantsE+W

19.—(1) The grant for dependants consists of the following elements—

(a)adult dependants’ grant; and

(b)parents learning allowance.

(2) The qualifying conditions for each element and the amounts payable are set out in regulations 20 to 24.

Commencement Information

I19Reg. 19 in force at 5.12.2014, see reg. 1

Adult dependants’ grantE+W

20.—(1) [F50An] eligible student qualifies for an adult dependants’ grant in connection with the student’s attendance on a designated course in accordance with this regulation.

(2) The adult dependants’ grant is available in respect of one dependant of an eligible student who is either—

(a)the student’s partner; or

(b)an adult dependant of the student whose net income does not exceed, £3,923.

F51(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I20Reg. 20 in force at 5.12.2014, see reg. 1

21.  The amount of adult dependants’ grant payable in respect of an academic year is calculated in accordance with regulation 23, the basic amount being—

(a)in respect of the current academic year, £2,732; or

(b)where the person in respect of whom the student is applying for adult dependants’ grant is ordinarily resident outside of the United Kingdom, such amount not exceeding £2,732 as the Welsh Ministers consider reasonable in the circumstances.

Commencement Information

I21Reg. 21 in force at 5.12.2014, see reg. 1

Parents’ learning allowanceE+W

22.—(1) [F52An] eligible student qualifies in connection with attendance on a designated course for the parents’ learning allowance if the student has one or more dependent children.

F53(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The amount of parents’ learning allowance payable in respect of an academic year is calculated in accordance with regulation 23, the basic amount being, £1,557.

Textual Amendments

Commencement Information

I22Reg. 22 in force at 5.12.2014, see reg. 1

CalculationsE+W

23.—(1) Subject to the following paragraphs, the amount payable in respect of a particular element of the grant for dependants for which an eligible student qualifies under regulations 20 to 22 is the amount of that element remaining after applying, until it is extinguished or no element remains payable under regulations 20 to 22, an amount equal to (A – B) as follows and in the following order—

(a)to reduce the basic amount of the adult dependants’ grant where the eligible student qualifies for that element under regulation 20; and

(b)to reduce the basic amount of parents’ learning allowance where the eligible student qualifies for that element under regulation 22.

(2) Subject to paragraphs (4) and (5), where B is greater than or equal to A, the basic amount of each element of the grant for dependants for which the eligible student qualifies is payable.

(3) Where (A – B) is equal to or exceeds the aggregate of the basic amounts of the elements of the grant for dependants for which the eligible student qualifies, the amount payable in respect of each element is nil.

(4) The amount of adult dependants’ grant calculated under paragraph (1) is reduced in respect of an adult dependant by one half where—

(a)the student’s partner—

(i)is an eligible student; or

(ii)holds a statutory award; and

(b)account is taken of that partner’s dependants in calculating the amount of support for which that partner qualifies or the payment to which that partner is entitled under the statutory award.

(5) Where the amount of the parents’ learning allowance calculated under paragraph (1) is £0.01 or more but less than £50, the amount of parents’ learning allowance payable is £50.

(6) For the purposes of this regulation—

  • A is the aggregate of the net income of each of the eligible student’s dependants; and

  • B is—

    a)

    £1,159 where the student has no dependent child;

    b)

    £3,473 where the student is not a lone parent and has one dependent child;

    c)

    £4,632 where the student is not a lone parent and has more than one dependent child;

    d)

    £4,632 where the student is a lone parent and has one dependent child;

    e)

    £5,797 where the student is a lone parent and has more than one dependent child.

Commencement Information

I23Reg. 23 in force at 5.12.2014, see reg. 1

24.  A deduction may be made in accordance with Part 5 from the amount payable in respect of a particular element of the grant for dependants calculated in accordance with regulations 20 to 23.

Commencement Information

I24Reg. 24 in force at 5.12.2014, see reg. 1

InterpretationE+W

25.—(1) For the purposes of regulations 20 to 24—

(a)“adult dependant” (“dibynnydd mewn oed”) means, in relation to an eligible student, an adult person dependent on the student other than the student’s child, the student’s partner (including a spouse or civil partner from whom the Welsh Ministers consider the student is separated) or the student’s former partner;

(b)“child” (“plentyn”) in relation to an eligible student includes any child of the student’s partner who is dependent on the student and any child for whom the student has parental responsibility who is dependent on the student;

(c)“dependant” (“dibynnydd”) means, in relation to an eligible student, the student’s partner, the student’s dependent child or an adult dependant, who in each case is not an eligible student and does not hold a statutory award;

(d)“dependent” (“dibynnol”) means wholly or mainly financially dependent;

(e)“dependent child” (“plentyn dibynnol”) means, in relation to an eligible student, a child dependent on the student;

(f)“lone parent” (“rhiant unigol”) means an eligible student who does not have a partner and who has a dependent child or dependent children;

(g)“net income” (“incwm net”) has the meaning given in paragraph (2);

(h)subject to sub-paragraphs (i), (j), (k) and (l) “partner” (“partner”) means any of the following—

(i)the spouse of a student;

(ii)the civil partner of a student;

(iii)a person ordinarily living with a student as if that person were the student’s spouse where that student—

(aa)was aged 25 or over at the start of the academic year in respect of which the student’s contribution falls to be assessed; and

(bb)started the designated course on or after 1 September 2000;

(iv)a person ordinarily living with a student as if that person were the student’s civil partner where that student—

(aa)was aged 25 or over at the start of the academic year in respect of which the student’s contribution falls to be assessed; and

(bb)started the designated course on or after 1 September 2005;

(i)unless otherwise indicated, a person who would otherwise be a partner under sub-paragraph (h) is not to be treated as a partner if—

(i)in the opinion of the Welsh Ministers, that person and the student are separated; or

(ii)the person is ordinarily living outside the United Kingdom and is not maintained by the student;

(j)for the purposes of the definition of “adult dependant”, a person is to be treated as a partner if the person would be a partner under sub-paragraph (h) but for the fact that the student with whom the person is living was not aged 25 or over at the start of the academic year in respect of which the student’s contribution falls to be assessed;

(k)for the purposes of the definitions of “child” and “lone parent”, a person is to be treated as a partner if the person would be a partner under sub-paragraph (h) but for the date on which the student began the designated course or the fact that the student with whom the person is ordinarily resident was not aged 25 or over at the start of the academic year in respect of which the student’s contribution falls to be assessed;

(l)subject to sub-paragraph (m), for the purposes of the definition of “adult dependant”, the Welsh Ministers may treat an adult person or child as dependent on an eligible student if they are satisfied that the adult person or child—

(i)is not dependent on—

(aa)the eligible student; or

(bb)the eligible student’s partner; but

(ii)is dependent on the eligible student and the eligible student’s partner together;

(m)the Welsh Ministers must not treat an adult person (“A”) as dependent on an eligible student in accordance with sub-paragraph (l), if A is—

(i)the spouse or civil partner of the eligible student’s partner (including a spouse or civil partner from whom the Welsh Ministers consider the eligible student’s partner is separated); or

(ii)the former partner of the eligible student’s partner;

(n)for the purposes of determining whether a person is the former partner of an eligible student’s partner, “partner” in relation to an eligible student’s partner means—

(i)the spouse of an eligible student’s partner;

(ii)the civil partner of an eligible student’s partner;

(iii)where the eligible student began the specified designated course on or after 1 September 2000, a person (“A”) ordinarily living with an eligible student’s partner (“B”) as if A were B’s spouse;

(iv)where the eligible student began the specified designated course on or after 1 September 2005, a person (“A”) ordinarily living with an eligible student’s partner (“B”) as if A were B’s civil partner.

(2) Subject to paragraph (3), a dependant’s net income is the dependant’s income from all sources for the academic year in question reduced by the amount of income tax and social security contributions payable in respect of it but disregarding—

(a)any pension, allowance or other benefit paid by reason of a disability or incapacity to which the dependant is subject;

(b)child benefit payable under Part IX of the Social Security Contributions and Benefits Act 1992(12);

(c)any financial support payable to the dependant by a local authority in accordance with regulations made under sections 2, 3 and 4 of the Adoption and Children Act 2002(13);

(d)any guardian’s allowance to which the dependant is entitled under section 77 of the Social Security Contributions and Benefits Act 1992;

(e)in the case of a dependant with whom a child being looked after by a local authority is boarded out, any payment made to that dependant for the purposes of section 23 of the Children Act 1989(14) [F54or section 81 of the Social Services and Well-being (Wales) Act 2014];

(f)any payment made to the dependant under section [F55110(6) of the Social Services and Well-being (Wales) Act 2014 or, as the case may be, section] 23C(5A) of the Children Act 1989(15);

(g)any payments made to the dependant under section 15 of and Schedule 1 to the Children Act 1989 in respect of a person who is not the dependant’s child or any assistance given by a local authority pursuant to section 24 of that Act(16) [F56or section 104 of the Social Services and Well-being (Wales) Act 2014 in so far as that section applies to category 5 and 6 young persons within the meaning of that Act];

(h)any child tax credit to which the dependant is entitled under Part 1 of the Tax Credits Act 2002(17); and

(i)in the case of a dependant who is entitled to an award of universal credit under Part 1 of the Welfare Reform Act 2012(18)—

(i)any amount that is included in the calculation of the award, under regulation 27(1) of the Universal Credit Regulations 2013(19), in respect of the fact that the dependant has limited capability for work or limited capability for work and work-related activity; and

(ii)any amount or additional amount that is included in the calculation of the award under regulation 24 of those Regulations (the child element).

(3) Where an eligible student or the eligible student’s partner makes any recurrent payments which were previously made by the student in pursuance of an obligation incurred before the first academic year of the student’s course, the partner’s net income is net income calculated in accordance with paragraph (2) reduced by—

(a)an amount equal to the payments in question for the academic year, if in the opinion of the Welsh Ministers the obligation has been reasonably incurred; or

(b)such lesser amount, if any, as the Welsh Ministers consider appropriate if, in their opinion, a lesser obligation could reasonably have been incurred.

(4) For the purposes of paragraph (2), where—

(a)the dependant is a dependent child; and

(b)payments are made to the student towards the child’s maintenance;

those payments are to be treated as the child’s income.

Textual Amendments

Commencement Information

I25Reg. 25 in force at 5.12.2014, see reg. 1

PART 5E+WCONTRIBUTIONS

Student’s contributionE+W

26.—(1) An eligible student’s contribution in respect of an academic year is the amount, if any, calculated under Schedule 2.

(2) For the purposes of the exercise of the Welsh Ministers’ functions under these Regulations the Welsh Ministers may require a student to provide from time to time such information as they require in order to assess the student’s contribution.

Commencement Information

I26Reg. 26 in force at 5.12.2014, see reg. 1

Application of the student’s contributionE+W

27.  The contribution calculated in accordance with regulation 26 must be applied in accordance with regulation 28.

Commencement Information

I27Reg. 27 in force at 5.12.2014, see reg. 1

28.—(1) The Welsh Ministers must apply the eligible student’s contribution—

(a)first, to reduce the amount of grant for living costs calculated in accordance with regulation 15(3);

(b)second—

(i)in the case of a student who is eligible for the grant for dependants, to reduce in the following order—

(aa)the amount of any adult dependants’ grant calculated in accordance with regulation 23;

(bb)the amount of any parents’ learning allowance calculated in accordance with regulation 23; and

(cc)the amount of any grant for travel home calculated in accordance with regulation 15(4);

(ii)in any other case, to reduce the amount of grant for travel home calculated in accordance with regulation 15(4);

(c)third, to reduce the amount of grant for college travel calculated in accordance with regulation 15(5);

(d)fourth, subject to paragraph (2), to reduce the amount of grant for research travel calculated in accordance with regulation 15(6).

(2) Where the contribution available to reduce the amount of grant for research travel in accordance with paragraph (1)(d) exceeds the amount of that grant calculated under regulation 15(6), the amount of that grant payable to the student is nil.

Commencement Information

I28Reg. 28 in force at 5.12.2014, see reg. 1

PART 6E+WPAYMENTS

Payment of grants for living and other costs and supplementary grantsE+W

29.—(1) The Welsh Ministers may pay the grants for living and other costs and the supplementary grants for which an eligible student qualifies in such instalments and at such times as they consider appropriate.

(2) The Welsh Ministers may, if they consider it appropriate to do so, pay the grant payable under regulation 15(3) to the academic authority for the authority to pay the grant on their behalf.

(3) Where a final assessment of the amount of grants for living and other costs or supplementary grants payable to an eligible student cannot be made on the basis of the information provided by the student, the Welsh Ministers may make provisional payments of those grants pending the final assessment.

(4) The Welsh Ministers may, if they consider it appropriate to do so, make a payment of disabled student’s allowance before the start of the academic year in respect of which that payment is due.

(5) Where the circumstances in regulation 11(a) or regulation 11(c) apply, the Welsh Ministers must not make any payments of support to a student after the date on which the student stops attending the course unless they consider it appropriate to do so taking into account the circumstances of the student’s case.

(6) The Welsh Ministers must not make any payments of support to a student who is absent from the course—

(a)for more than 60 days due to illness; or

(b)for any period for any other reason,

unless they consider that it is appropriate to do so taking into account the circumstances of the student’s case.

Commencement Information

I29Reg. 29 in force at 5.12.2014, see reg. 1

OverpaymentsE+W

30.  An eligible student must, if required to do so by the Welsh Ministers, repay any amount paid to that student under Part 4 which for whatever reason exceeds the amount of support to which that student is entitled under Part 4.

Commencement Information

I30Reg. 30 in force at 5.12.2014, see reg. 1

Huw Lewis

Minister for Education and Skills, one of the Welsh Ministers

Regulation 6

SCHEDULE 1E+WELIGIBLE STUDENTS

PART 1E+WInterpretation

1.—(1) For the purposes of this Schedule—E+W

“Directive 2004/38” (“Cyfarwyddeb 2004/38”) means Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the rights of citizens of the Union and their family members to move and reside freely in the territory of the Member States(20);

F57...

“EEA frontier self-employed person” (“person hunangyflogedig y ffin o’r AEE”) has the meaning given by sub-paragraph (2);

“EEA frontier worker” (“gweithiwr y ffin o’r AEE”) has the meaning given by sub-paragraph (3);

“EEA migrant worker” (“gweithiwr mudol o’r AEE”) means an EEA national who is a worker, other than an EEA frontier worker, in the United Kingdom;

“EEA national” (“gwladolyn o’r AEE”) means a national of an EEA State F58...;

“EEA self-employed person” (“person hunangyflogedig o’r AEE”) means an EEA national who is a self-employed person, other than an EEA frontier self-employed person, in the United Kingdom;

“employed person” (“person cyflogedig”) means an employed person within the meaning of Annex 1 to the Swiss Agreement;

“EU national” (“gwladolyn o’r UE”) means a national of a Member State of the European Union;

“European Economic Area” (“Ardal Economaidd Ewropeaidd”) means the area comprised by the EEA States;

“family member” (“aelod o deulu”), unless otherwise indicated, means—

(a)

in relation to an EEA frontier worker, an EEA migrant worker, an EEA frontier self-employed person [F59, an EEA self-employed person, or a relevant person of Northern Ireland who is treated as an EEA migrant worker or an EEA self-employed person by virtue of paragraph 6A(3)]—

(i)

the person’s spouse or civil partner;

(ii)

direct descendants of the person or of the person’s spouse or civil partner who are;

(aa)

under the age of 21; or

(bb)

dependants of the person or the person’s spouse or civil partner; or

(iii)

dependent direct relatives in the person’s ascending line or that of the person’s spouse or civil partner;

(b)

in relation to a Swiss employed person, a Swiss frontier employed person, a Swiss frontier self-employed person or a Swiss self-employed person—

(i)

the person’s spouse or civil partner; or

(ii)

the person’s child or the child of the person’s spouse or civil partner;

(c)

in relation to an EU national who falls within article 7(1)(c) of Directive 2004/38 F60...—

(i)

the national’s spouse or civil partner; or

(ii)

direct descendants of the national or of the national’s spouse or civil partner who are—

(aa)

under the age of 21; or

(bb)

dependants of the national or of the national’s spouse or civil partner;

(d)

in relation to an EU national who falls within article 7(1)(b) of Directive 2004/38 F60...—

(i)

the national’s spouse or civil partner; or

(ii)

direct descendants of the national or of the national’s spouse or civil partner who are—

(aa)

under the age of 21; or

(bb)

dependants of the national or of the national’s spouse or civil partner;

(iii)

dependent direct relatives in the national’s ascending line or that of the national’s spouse or civil partner;

(e)

in relation to a United Kingdom national, for the purposes of [F61paragraph 9B]—

(i)

the national’s spouse or civil partner; or

(ii)

direct descendants of the national or of the national’s spouse or civil partner who are—

(aa)

under the age of 21; or

(bb)

dependants of the national or of the national’s spouse or civil partner;

F57...

F57...

“self-employed person” (“person hunangyflogedig”) means—

(a)

in relation to an EEA national, a person who is self-employed within the meaning of Article 7 of Directive 2004/38 or the EEA Agreement, as the case may be; or

(b)

in relation to a Swiss national, a person who is a self-employed person within the meaning of Annex 1 to the Swiss Agreement;

“settled” (“wedi setlo”) has the meaning given by section 33(2A) of the Immigration Act 1971(21);

“Swiss Agreement” (“Cytundeb y Swistir”) means the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the Free Movement of Persons signed at Luxembourg on 21 June 1999(22) and which came into force on 1 June 2002;

F57...

“Swiss employed person” (“person cyflogedig Swisaidd”) means a Swiss national who is an employed person, other than a Swiss frontier employed person, in the United Kingdom;

“Swiss frontier employed person” (“person cyflogedig Swisaidd y ffin”) has the meaning given in sub-paragraph (4);

“Swiss frontier self-employed person” (“person hunangyflogedig Swisaidd y ffin”) has the meaning given in sub-paragraph (5);

“Swiss self-employed person” (“person hunangyflogedig Swisaidd”) means a Swiss national who is a self-employed person, other than a Swiss frontier self-employed person, in the United Kingdom;

“Turkish worker” (“gweithiwr Twrcaidd”) means a Turkish national who on the relevant date—

(a)

was ordinarily resident in the United Kingdom and Islands; and

(b)

was, or had been, lawfully employed in the United Kingdom;

[F62“United Kingdom national” has the meaning given by Article 2(d) of the EU withdrawal agreement;]

“worker” (“gweithiwr”) means a worker within the meaning of Article 7 of Directive 2004/38 or the EEA Agreement, as the case may be.

(2) “EEA frontier self-employed person” (“person hunangyflogedig y ffin o’r AEE”) means an EEA national who—

(a)is a self-employed person in Wales; and

(b)resides in Switzerland or in the territory of an EEA State F63... and returns to the national’s residence in Switzerland or that EEA State, as the case may be, daily or at least once a week.

(3) “EEA frontier worker” (“gweithiwr y ffin o’r AEE”) means an EEA national who—

(a)is a worker in Wales; and

(b)resides in Switzerland or in the territory of an EEA State F64... and returns to the national’s residence in Switzerland or that EEA State, as the case may be, daily or at least once a week.

(4) “Swiss frontier employed person” (“person cyflogedig Swisaidd y ffin” ) means a Swiss national who—

(a)is an employed person in Wales; and

(b)resides in Switzerland or in the territory of an EEA State F65... and returns to the national’s residence in Switzerland or that EEA State, as the case may be, daily or at least once a week.

(5) “Swiss frontier self-employed person” (“person hunangyflogedig Swisaidd y ffin”) means a Swiss national who—

(a)is a self-employed person in Wales; and

(b)resides in Switzerland or in the territory of an EEA State F66... and returns to the national’s residence in Switzerland or that EEA State, as the case may be, daily or at least once a week.

[F67(5A) For the purposes of this Schedule, a reference to a “Member State” or “State” in Article 7 of Directive 2004/38 is to be read as including the United Kingdom.]

(6) For the purposes of this Schedule, “parent” (“rhiant”) includes a guardian, any other person having parental responsibility for a child and any person having care of a child and “child” (“plentyn”) is to be construed accordingly.

(7) For the purposes of this Schedule, a person (“A” in this sub-paragraph) is to be treated as ordinarily resident in Wales, the United Kingdom and Islands [F68, the territory comprising the United Kingdom, the Islands and the Republic of Ireland], the territory comprising [F69the United Kingdom, Gibraltar,] the European Economic Area and Switzerland or the territory comprising [F69the United Kingdom, Gibraltar,] the European Economic Area, Switzerland and Turkey if A would have been so resident but for the fact that—

(a)A;

(b)A’s spouse or civil partner;

(c)A’s parent; or

(d)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.

(8) For the purposes of sub-paragraph (7), temporary employment outside of Wales, the United Kingdom and Islands [F70, the territory comprising the United Kingdom, the Islands and the Republic of Ireland], the territory comprising [F71the United Kingdom, Gibraltar,] the European Economic Area and Switzerland or the territory comprising [F71the United Kingdom, Gibraltar,] the European Economic Area, Switzerland and Turkey 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;

[F72(aa)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;]

(b)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 [F71the United Kingdom, Gibraltar,] the European Economic Area and Switzerland as members of such forces; and

(c)in the case of members of the regular armed forces of Turkey, any period which they serve outside of the territory comprising [F71the United Kingdom, Gibraltar,] the European Economic Area, Switzerland and Turkey as members of such forces.

Textual Amendments

Commencement Information

I31Sch. 1 para. 1 in force at 5.12.2014, see reg. 1

PART 2E+WCategories

Persons who are settled in the United KingdomE+W

2.—(1) A person who—

[F73(a)is settled in the United Kingdom on the relevant date and does not fall within paragraph 3;]

(b)is ordinarily resident in Wales on the relevant date;

(c)had been ordinarily resident throughout the three-year period preceding the relevant date in the United Kingdom and Islands; and

(d)subject to sub-paragraph (2), had not during any part of the period referred to in paragraph (c) been ordinarily resident in the United Kingdom and Islands wholly or mainly for the purpose of receiving full-time education.

(2) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the United Kingdom and Islands in accordance with paragraph 1(7).

Textual Amendments

Commencement Information

I32Sch. 1 para. 2 in force at 5.12.2014, see reg. 1

F742A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

3.—[F75(1)] A person—

[F76(a)meets one of the following conditions on the relevant date—

(i)the person is within the personal scope of the citizens’ rights provisions and is settled in the United Kingdom by virtue of the grant of indefinite leave to enter or remain under residence scheme immigration rules;

(ii)the person—

(aa)is within the personal scope of the citizens’ rights provisions;

(bb)is an Irish citizen settled in the United Kingdom who, pursuant to section 3ZA of the Immigration Act 1971, does not require leave to enter or remain in the United Kingdom; and

(cc)would meet the eligibility requirements for indefinite leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules if that person were to make an application for such leave;

F77(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv)the person—

(aa)is within the personal scope of the citizens’ rights provisions;

(bb)is an applicant for the purposes of regulation 4 of the 2020 Citizens’ Rights Regulations or otherwise has rights deemed to apply by virtue of any of the citizens’ rights provisions specified in paragraph (3); and

(cc)has, or is treated as having, a right of permanent residence for the purposes of the Immigration (European Economic Area) Regulations 2016, as those Regulations continue to have effect by virtue of the 2020 Citizens’ Rights Regulations in relation to that person during the relevant period or otherwise has a deemed right of permanent residence by virtue of any of the citizens’ rights provisions specified in paragraph (3); or

(v)the person is a family member of a relevant person of Northern Ireland for the purposes of residence scheme immigration rules, where that family member is settled in the United Kingdom by virtue of the grant of indefinite leave to enter or remain under residence scheme immigration rules;]

(b)who is ordinarily resident in Wales on the relevant date;

(c)who had been ordinarily resident in the United Kingdom throughout the three-year period preceding the relevant date; and

(d)who, in a case where the person’s ordinary residence referred to in sub-paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising [F78the United Kingdom, Gibraltar,] the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in sub-paragraph (c).

[F79(2) For the purposes of sub-paragraph (1)(a)(ii)(cc), “eligibility requirements for in definite leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules” means the eligibility requirements for such leave in accordance with paragraph EU11 of Appendix EU to the immigration rules (as defined in section 33(1) of the Immigration Act 1971).

(3) For the purposes of sub-paragraph (1)(a)(iv), the citizens’ rights provisions referred to are—

(a)Article 18(3) (issuance of residence documents) of the EU withdrawal agreement;

(b)Article 17(3) (issuance of residence documents) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020); or

(c)Article 16(3) (issuance of residence documents) of the Swiss citizens’ rights agreement.]

Textual Amendments

Commencement Information

I33Sch. 1 para. 3 in force at 5.12.2014, see reg. 1

RefugeesE+W

4.—(1) A person—

(a)who is a refugee;

(b)who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being recognised as a refugee; and

(c)who is ordinarily resident in Wales on the relevant date.

(2) A person—

(a)who is the spouse or civil partner of a refugee;

(b)who was the spouse or civil partner of the refugee on the date on which the refugee made the application for asylum;

(c)who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to remain in the United Kingdom; and

(d)who is ordinarily resident in Wales on the relevant date.

(3) A person—

(a)who is the child of a refugee or the child of the spouse or civil partner of a refugee;

(b)who, on the date on which the refugee made the application for asylum, was the child of the refugee or the child of a person who was the spouse or civil partner of the refugee on that date;

(c)who was under 18 on the date on which the refugee made the application for asylum;

(d)who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to remain in the United Kingdom; and

(e)who is ordinarily resident in Wales on the relevant date.

Commencement Information

I34Sch. 1 para. 4 in force at 5.12.2014, see reg. 1

[F80Protected persons and their family membersE+W

4ZA.—(1) A person—

(a)granted leave to enter or remain as a protected person;

(b)who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being granted such leave; and

(c)who is ordinarily resident in Wales on the first day of the first academic year of the course.

(2) A person who—

(a)is a protected spouse or civil partner;

(b)on the leave application date, was the spouse or civil partner of a person granted leave to enter or remain as a protected person (by virtue of humanitarian protection under paragraph 339C of the immigration rules or as a stateless person under the immigration rules);

(c)is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being granted leave to enter or remain in the United Kingdom;

(d)is ordinarily resident in Wales on the first day of the first academic year of the course.

(3) A person who—

(a)is a protected child;

(b)on the leave application date was—

(i)under 18 years old; and

(ii)the child of a person granted leave to enter or remain as a protected person or, as the case may be, the child of a person who was the spouse or civil partner of the person granted leave to enter or remain as a protected person on that date (by virtue of humanitarian protection under paragraph 339C of the immigration rules, stateless leave under the immigration rules or section 67 of the Immigration Act 2016 and the immigration rules, as the case may be);

(c)is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being granted leave to enter or remain in the United Kingdom;

(d)is ordinarily resident in Wales on the first day of the first academic year of the course.

(4) In this paragraph—

(a)“leave application date” means the date on which a person (“P”) made an application for leave to enter or remain in the United Kingdom that results in P becoming a person granted leave to enter or remain as a protected person;

(b)“person granted leave to enter or remain as a protected person” means—

(i)a person granted leave to enter or remain on the grounds of humanitarian protection under paragraph 339C of the immigration rules;

(ii)a person granted stateless leave;

(iii)a person with section 67 leave to remain; F81...

(iv)a person with Calais leave; [F82or]

[F83(v)a person with leave to enter or remain as a relevant Afghan citizen;]

(c)“protected child” means—

(i)a child of—

(aa)a person who has extant leave to enter or remain on the grounds of humanitarian protection under paragraph 339C of the immigration rules;

(ab)a person granted stateless leave; F84...

(ac)a person with section 67 leave to remain;[F85or

(ad)a person with leave to enter or remain as a relevant Afghan citizen;]

(ii)a child of the spouse or civil partner of—

(aa)a person who has extant leave to enter or remain on the grounds of humanitarian protection under paragraph 339C of the immigration rules; F86...

(ab)a person granted stateless leave; [F87or

(ac)a person with leave to enter or remain as a relevant Afghan citizen;]

(d)“protected spouse or civil partner” means a spouse or civil partner of—

(i)a person who has extant leave to enter or remain on the grounds of humanitarian protection under paragraph 339C of the immigration rules; F88...

(ii)a person granted stateless leave [F89; or]]

[F90(iii)a person with leave to enter or remain as a relevant Afghan citizen.]

Textual Amendments

F88Word in Sch. 1 para. 4ZA(4)(d) omitted (with application in accordance with reg. 2 of the amending S.I.) by virtue of The Education (Student Finance) (Miscellaneous Amendments) (No. 3) (Wales) Regulations 2023 (S.I. 2023/1349), regs. 1(2), 11(c)(i) (with reg. 79(2))

[F91Persons granted [F92leave to enter or remain] as a protected partner and their childrenE+W

4ZB.—(1) A person—

(a)granted [F93leave to enter or remain] as a protected partner;

(b)who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being granted such leave; and

(c)who is ordinarily resident in Wales on the first day of the first academic year of the course.

(2) A person who—

(a)is the child of a person granted [F94leave to enter or remain] as a protected partner;

(b)on the leave application date was under 18 years old and was the child of a person granted [F95leave to enter or remain] as a protected partner;

(c)is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being granted [F96leave to enter or remain] in the United Kingdom;

(d)is ordinarily resident in Wales on the first day of the first academic year of the course.

(3) In this paragraph, “leave application date” means the date on which a person (“P”) made an application for leave to enter or remain in the United Kingdom that results in P becoming a person granted [F97leave to enter or remain] as a protected partner.]

Textual Amendments

[F98Protected Ukrainian nationalsE+W

4ZC.—[F99(1)] A person who—

(a)is a protected Ukrainian national;

(b)has been ordinarily resident in the United Kingdom and Islands throughout the period since becoming a protected Ukrainian national; and

(c)is ordinarily resident in Wales on the first day of the first academic year of the course.]

[F100(2) A person who—

(a)is the spouse or civil partner of a protected Ukrainian national;

(b)on the leave application date was the spouse or civil partner of that person;

(c)is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being granted leave to remain in the United Kingdom; and

(d)is ordinarily resident in Wales on the first day of the first academic year of the course.

(3) A person who—

(a)is—

(i)the child of a protected Ukrainian national; or

(ii)the child of a spouse or civil partner of a protected Ukrainian national;

(b)on the leave application date was—

(i)under 18 years old; and

(ii)the child of a protected Ukrainian national or, as the case may be, the child of a person who was the spouse or civil partner of the person who was a protected Ukrainian national;

(c)is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being granted leave to remain in the United Kingdom; and

(d)is ordinarily resident in Wales on the first day of the first academic year of the course.

(4) In this paragraph, “leave application date” means the date on which the person with leave to enter or remain as a protected Ukrainian national made the application that led to that person being granted leave to enter or remain in the United Kingdom.]

Textual Amendments

F99Sch. 1 para. 4ZC renumbered as Sch. 1 para. 4ZC(1) (with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (No. 3) (Wales) Regulations 2023 (S.I. 2023/1349), regs. 1(2), 13(a)

Persons granted stateless leave and their family membersE+W

F1014A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

5.—(1) A person—E+W

(a)with leave to enter or remain;

(b)who is ordinarily resident in Wales on the relevant date; and

(c)who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the relevant date.

(2) A person—

(a)who is the spouse or civil partner of a person with leave to enter or remain;

[F102(b)who was the spouse or civil partner of the person with leave to enter or remain on the leave application date;]

(c)who is ordinarily resident in Wales on the relevant date; and

(d)who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the relevant date.

(3) A person—

(a)who is the child of a person with leave to enter or remain or the child of the spouse or civil partner of a person with leave to enter or remain;

[F103(b)who, on the leave application date, was the child of the person with leave to enter or remain or the child of a person who was the spouse or civil partner of the person with leave to enter or remain on that date;]

[F104(c)who was under 18 on the leave application date;]

(d)who is ordinarily resident in Wales on the relevant date; and

(e)who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the relevant date.

[F105(4) In this paragraph, “leave application date” means the date on which the person with leave to enter or remain made the application that led to that person being granted leave to enter or remain in the United Kingdom.]

Textual Amendments

Commencement Information

I35Sch. 1 para. 5 in force at 5.12.2014, see reg. 1

Persons with section 67 leave to remainE+W

F1065A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Workers, employed persons, self-employed persons and their family membersE+W

6.—(1) A person who—

(a)on the relevant date, is—

(i)an EEA migrant worker or an EEA self-employed person;

(ii)a Swiss employed person or a Swiss self-employed person;

(iii)a family member of a person mentioned in sub-paragraph (i) or (ii);

(iv)an EEA frontier worker or an EEA frontier self-employed person;

(v)a Swiss frontier employed person or a Swiss frontier self-employed person; or

(vi)a family member of a person in sub-paragraph (iv) or (v);

(b)subject to sub-paragraph (2), is ordinarily resident in Wales on the relevant date;

(c)has been ordinarily resident in the territory comprising [F107the United Kingdom, Gibraltar,] the European Economic Area and Switzerland throughout the three-year period preceding the relevant date.

(2) Paragraph (b) of sub-paragraph (1) does not apply where the person applying for support falls within paragraph (a)(iv), (v) or (vi) of sub-paragraph (1).

Textual Amendments

Commencement Information

I36Sch. 1 para. 6 in force at 5.12.2014, see reg. 1

[F1086A.—(1) A person with protected rights, or a frontier worker within the meaning of regulation 3 of the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020, who—

(a)on the relevant date, is

(i)an EEA migrant worker or an EEA self-employed person;

(ii)a Swiss employed person or a Swiss self-employed person;

(iii)a family member of a person mentioned in sub-paragraph (i) or (ii);

(iv)an EEA frontier worker or an EEA frontier self-employed person;

(v)a Swiss frontier employed person or a Swiss frontier self-employed person; or

(vi)a family member of a person mentioned in sub-paragraph (iv) or (v);

(b)subject to sub-paragraph (2), is ordinarily resident in Wales on the relevant date; and

(c)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.

(2) Paragraph (b) of sub-paragraph (1) does not apply where the person applying for support falls within paragraph (a)(iv), (v) or (vi) of sub-paragraph (1).

(3) In this paragraph, a description of a person in sub-paragraph (1)(a)(i) is to be read as if it includes a relevant person of Northern Ireland who would, if that person were an EEA national or solely an EEA national, be an EEA migrant worker or an EEA self-employed person.]

Textual Amendments

7.—[F109(1)] A person who—

(a)is ordinarily resident in Wales on the relevant date;

(b)has been ordinarily resident in the territory comprising [F110the United Kingdom, Gibraltar,] the European Economic Area and Switzerland throughout the three-year period preceding the relevant date; and

(c)is entitled to support by virtue of Article 10 of Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on the freedom of movement for workers within the Union(23), as extended by the EEA Agreement.

[F111(2) Any description of person who would have been eligible under this paragraph immediately before implementation period completion day is to be eligible on and after implementation period completion day.]

Textual Amendments

Commencement Information

I37Sch. 1 para. 7 in force at 5.12.2014, see reg. 1

Persons who are settled in the United Kingdom and have exercised a right of residence elsewhereE+W

8.—(1) A person who—

(a)is settled in the United Kingdom;

(b)was ordinarily resident in Wales and settled in the United Kingdom immediately before leaving the United Kingdom and who has exercised a right of residence [F112before implementation period completion day];

(c)is ordinarily resident in the United Kingdom on the relevant date;

(d)has been ordinarily resident in the territory comprising [F113the United Kingdom, Gibraltar,] the European Economic Area and Switzerland throughout the three-year period preceding the relevant date; and

(e)in a case where the person’s ordinary residence referred to in paragraph (b) was wholly or mainly for the purposes of receiving full-time education, was ordinarily resident in the territory comprising [F114the United Kingdom, Gibraltar,] the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (d).

(2) For the purposes of this paragraph, a person has exercised a right of residence if that person is a United Kingdom national, a family member of a United Kingdom national for the purposes of Article 7 of Directive 2004/38 (or corresponding purposes under the EEA Agreement or Swiss Agreement) or a person who [F115had the right] of permanent residence who in each case has exercised a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA Agreement or Swiss Agreement in a state other than the United Kingdom or, in the case of a person who is settled in the United Kingdom and [F116had the right] of permanent residence, if that person [F117has gone] to the state within the territory comprising the European Economic Area and Switzerland of which that person is a national or of which the person in relation to whom that person is a family member is a national.

[F118(3) For the purposes of this paragraph, a person had the right of permanent residence if they had a right which arose under Directive 2004/38 to reside permanently in the United Kingdom without restriction.]

Textual Amendments

Commencement Information

I38Sch. 1 para. 8 in force at 5.12.2014, see reg. 1

[F1198A.—(1) A person who—

(a)is settled in the United Kingdom;

(b)was ordinarily resident in Wales and settled in the United Kingdom immediately before leaving the United Kingdom and who has exercised a right of residence before IP completion day;

(c)was ordinarily resident immediately before IP completion day—

(i)in the territory comprising Gibraltar, 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 Gibraltar, 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;

(d)is ordinarily resident in Wales on the relevant date;

(e)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

(f)in a case where the person’s ordinary residence referred to in paragraph (e) was wholly or mainly for the purposes of receiving full-time education, was ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (e).

(2) For the purposes of this paragraph, a person has exercised a right of residence if that person is a United Kingdom national, a family member of a United Kingdom national for the purposes of Article 7 of Directive 2004/38 (or corresponding purposes under the EEA Agreement or Swiss Agreement) or a person who had the right of permanent residence who in each case has exercised a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA Agreement or Swiss Agreement in a state other than the United Kingdom or, in the case of a person who is settled in the United Kingdom and had the right of permanent residence, if the person has gone to the state within the territory comprising the European Economic Area and Switzerland of which the person is a national or of which the person in relation to whom the person is a family member is a national.

(3) For the purposes of sub-paragraph (2), a person had the right of permanent residence if they had a right which arose under Directive 2004/38 to reside permanently in the United Kingdom without restriction.]

Textual Amendments

EU nationals [F120etc.]E+W

F1219.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1229A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

United Kingdom nationalsE+W

[F1239B.—(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).]

Textual Amendments

F1249BA.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1259C.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Persons resident in GibraltarE+W

F1269D.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F127EU nationals ordinarily resident in the United Kingdom and Islands]E+W

10.  A person who—

(a)on the relevant date, is an EU national F128...;

(b)is ordinarily resident in Wales on the relevant date;

(c)has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the relevant date; and

(d)in a case where the person’s ordinary residence referred to in sub-paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising [F129the United Kingdom, Gibraltar] the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in sub-paragraph (c).

Textual Amendments

Commencement Information

I39Sch. 1 para. 10 in force at 5.12.2014, see reg. 1

[F13010A.  A person with protected rights who—E+W

(a)on the relevant date is an EU national;

(b)is ordinarily resident in Wales on the relevant date;

(c)has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the relevant date; and

(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 in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland immediately prior to the period of ordinary residence referred to in paragraph (c).]

Textual Amendments

Children of Swiss nationalsE+W

[F13111.—(1) A person who—

(a)on the relevant date, is the child of a Swiss national who is entitled to support from the Secretary of State by virtue of Article 3(6) of Annex 1 to the Swiss Agreement;

(b)is ordinarily resident in Wales on the relevant date;

(c)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)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 in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (c).

(2) Any description of person who would have been eligible under this paragraph immediately before implementation period completion day is to be eligible on and after implementation period completion day.]

Textual Amendments

[F13211A.  A person with protected rights who—E+W

(a)on the relevant date is the child of a Swiss national who is entitled to support in the United Kingdom by virtue of Article 18(2) of the Swiss citizens’ rights agreement;

(b)is ordinarily resident in Wales on the relevant date;

(c)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

(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 in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland immediately prior to the period of ordinary residence referred to in paragraph (c).]

Textual Amendments

Children of Turkish workersE+W

12.  A person who—

(a)on the relevant date, was the child of a Turkish worker;

(b)is ordinarily resident in Wales on the relevant date; and

(c)has been ordinarily resident in the territory comprising [F133the United Kingdom, Gibraltar,] the European Economic Area, Switzerland and Turkey throughout the three-year period preceding the first day of the first academic year of the course.

Textual Amendments

Commencement Information

I40Sch. 1 para. 12 in force at 5.12.2014, see reg. 1

[F13412A.  A person who—E+W

(a)is the child of a Turkish worker (“T”), where T was ordinarily resident in the United Kingdom immediately before IP completion day;

(b)immediately before IP completion day—

(i)was the child of T; and

(ii)was ordinarily resident in the United Kingdom;

(c)is ordinarily resident in Wales on the relevant date; and

(d)has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area, Switzerland and Turkey throughout the three-year period preceding the first day of the first academic year of the course.]

Textual Amendments

Regulation 26

SCHEDULE 2E+WSTUDENT’S CONTRIBUTION

PART 1E+WInterpretation

1.—(1) In this Schedule—E+W

“financial year” (“blwyddyn ariannol”) means the period of twelve months in respect of which the income of a person whose residual income is calculated under the provisions of Part 2 of this Schedule is computed for the purposes of the income tax legislation which applies to it;

“household income” (“incwm yr aelwyd”) has the meaning given in paragraph 2;

“Member State” (“Aelod-wladwriaeth”) means a Member State of the European Union;

“parent” (“rhiant”) means a natural or adoptive parent and “child” (“plentyn”), “mother” (“mam”) and “father” (“tad”) are to be construed accordingly;

“partner” (“partner”) in relation to an eligible student means any of the following—

(i)

the spouse of the eligible student;

(ii)

the civil partner of the eligible student;

(iii)

a person ordinarily living with the eligible student as if the person were the spouse of the student where the eligible student is aged 25 or over on the first day of the relevant year and the eligible student begins the designated course on or after 1 September 2000;

(iv)

a person ordinarily living with the student as if that person were the student’s civil partner where the eligible student is aged 25 or over on the first day of the relevant year and the eligible student begins the designated course on or after 1 September 2005;

“preceding financial year” (“blwyddyn ariannol flaenorol”) means the financial year immediately preceding the relevant year;

“relevant year” (“blwyddyn berthnasol”) means the academic year in respect of which the household income falls to be assessed;

“residual income” (“incwm gweddilliol”) means taxable income after the application of paragraph 3 (in the case of an eligible student) and paragraph 4 (in the case of a student’s partner);

“taxable income” (“incwm trethadwy”) means, in relation to paragraph 3, in respect of an academic year for which support is sought and, in relation to paragraph 4, in respect (subject to sub-paragraphs (3), (4) and (5) of paragraph 4) of the preceding financial year, a person’s taxable income from all sources computed as for the purposes of—

(a)

the Income Tax Acts;

(b)

the income tax legislation of [F135an EEA State] or Switzerland which applies to the person’s income;

(c)

[F136where the legislation of—

(i)

the United Kingdom and one or more EEA State or Switzerland;

(ii)

more than one EEA State; or

(iii)

an EEA State and Switzerland,

applies to the period, the legislation under which the Welsh Ministers consider the person will pay the largest amount of tax in that period (except as otherwise provided in paragraph 4),]

(2) The income referred to in this sub-paragraph is any benefits under a pension arrangement pursuant to an order made under section 23 of the Matrimonial Causes Act 1973(24) which includes provision made by virtue of sections 25B(4) and 25E(3) of that Act or pension benefits under Part 1 of Schedule 5 to the Civil Partnership Act 2004(25) which includes provision made by virtue of Parts 6 and 7 of that Schedule.

Textual Amendments

Commencement Information

I41Sch. 2 para. 1 in force at 5.12.2014, see reg. 1

PART 2E+WCalculation of contribution

Household incomeE+W

2.—(1) The amount of an eligible student’s contribution depends on the household income.

(2) The household income is—

(a)in the case of an eligible student who has a partner, the residual income of the student aggregated with the residual income of that student’s partner; or

(b)in the case of an eligible student who does not have a partner, the residual income of that student.

(3) In determining the household income under sub-paragraph (2), the sum of £1,130 is deducted for each child wholly or mainly financially dependent on the eligible student or the eligible student’s partner.

Commencement Information

I42Sch. 2 para. 2 in force at 5.12.2014, see reg. 1

Calculation of the student’s residual incomeE+W

3.—(1) For the purpose of determining the residual income of an eligible student, there is to be deducted from the eligible student’s taxable income (unless already deducted in determining taxable income) the aggregate of any amounts falling within any of the following paragraphs—

(a)any remuneration for work done during any academic year of the eligible student’s course, provided that such remuneration does not include any sums paid in respect of any period for which the eligible student has leave of absence or is relieved of normal duties for the purpose of attending that course;

(b)the gross amount of any premium or other sum paid by the eligible student in relation to a pension (not being a pension payable under a policy of life assurance) in respect of which relief is given under section 188 of the Finance Act 2004(26), or where the student’s income is computed for the purpose of the income tax legislation of [F137a Member State], the gross amount of any such premium or sum in respect of which relief would be given if that legislation made provision equivalent to the Income Tax Acts.

(2) Where the eligible student receives income in a currency other than sterling, the value of that income for the purpose of this paragraph is—

(a)if the student purchases sterling with the income, the amount of sterling the student so receives; or

(b)otherwise, the value of the sterling the income would purchase using the rate for the month in which it is received published by the Office for National Statistics(27).

Textual Amendments

Commencement Information

I43Sch. 2 para. 3 in force at 5.12.2014, see reg. 1

Calculation of eligible student’s partner’s residual incomeE+W

4.—(1) For the purposes of determining the taxable income of an eligible student’s partner (“A” in this paragraph), any deductions which fall to be made or exemptions which are permitted—

(a)by way of personal reliefs provided for in Chapter 1 of Part VII of the Income and Corporation Taxes Act 1988, or where the income is computed for the purposes of the income tax legislation of [F138an EEA State] or Switzerland, the gross amount of any such premium in respect of which relief would be given if that legislation made provision equivalent to the Income Tax Acts;

(b)pursuant to any enactment or rule of law under which payments which would otherwise under United Kingdom law form part of a person’s income are not treated as such; or

(c)under sub-paragraph (2),

are not to be made or permitted.

(2) For the purpose of determining the residual income of A, there is to be deducted from the taxable income determined under sub-paragraph (1) the aggregate of any amounts falling within any of the following paragraphs—

(a)the gross amount of any premium or other sum paid by the student in relation to a pension (not being a pension payable under a policy of life assurance) in respect of which relief is given under section 188 of the Finance Act 2004, or where the student’s income is computed for the purpose of the income tax legislation of [F138an EEA State] or Switzerland, the gross amount of any such premium or sum in respect of which relief would be given if that legislation made provision equivalent to the Income Tax Acts;

(b)in any case where income is computed in accordance with sub-paragraph (6), any sums equivalent to the deduction mentioned in paragraph (a) of this sub-paragraph, provided that any sums so deducted are not to exceed the deductions which would be made if the whole of the eligible student’s partner’s income were in fact income for the purposes of the Income Tax Acts; and

(c)in the case where A holds a statutory award, £1,130.

(3) Where the Welsh Ministers are satisfied that A’s income in the financial year beginning immediately before the relevant year (“the current financial year”) is likely to be not more than 85 per cent of the sterling value of A’s income in the preceding financial year the Welsh Ministers must, for the purpose of enabling the eligible student to attend the course without hardship, ascertain the household income for the current financial year.

(4) Where the Welsh Ministers are satisfied that A’s income in any financial year is, as a result of any event, likely to be and to continue after that year to be not more than 85 per cent of the sterling value of A’s income in the previous financial year the Welsh Ministers must, for the purpose of enabling the eligible student to attend the course without hardship, ascertain the household income for the academic year of the student’s course in which that event occurred by taking as the residual income of A the average of A’s residual income for each of the financial years in which that academic year falls.

(5) Where A satisfies the Welsh Ministers that A’s income is wholly or mainly derived from the profits of a business or profession carried on by A, then any reference in this Part of the Schedule to a preceding financial year is to be read as a reference to the earliest period of twelve months which ends after the start of the preceding financial year and in respect of which accounts are kept relating to that business or profession.

(6) Where A is in receipt of any income which does not form part of A’s income for the purposes of the Income Tax Acts or the income tax legislation of [F138an EEA State] or Switzerland by reason only that—

(a)A is not resident or domiciled in the United Kingdom, or where A’s income is computed as for the purposes of the income tax legislation of [F138an EEA State] or Switzerland, not so resident or domiciled in that EEA State or Switzerland;

(b)the income does not arise in the United Kingdom, or where A’s income is computed for the purposes of the income tax legislation of [F138an EEA State] or Switzerland, does not arise in that EEA State or Switzerland; or

(c)the income arises from an office, service or employment, income from which is exempt from tax in pursuance of any legislation,

A’s taxable income for the purpose of this Schedule is to be computed as though the income under this sub-paragraph were part of A’s income for the purpose of the Income Tax Acts or the income tax legislation of [F138an EEA State] or Switzerland, as the case may be.

(7) Where A’s income is computed as for the purposes of the income tax legislation of [F138an EEA State] or Switzerland, it is to be computed under the provisions of this Schedule in the currency of that EEA State or Switzerland and A’s income for the purposes of this Schedule is the sterling value of that income determined in accordance with the rate for the month in which the last day of the financial year in question falls, as published by the Office for National Statistics.

(8) Where the Welsh Ministers determine that the eligible student and the eligible student’s partner were separated for the duration of the relevant year, the partner’s income is not taken into account in determining the household income.

(9) Where the Welsh Ministers determine that the eligible student and the eligible student’s partner separated in the course of the relevant year, the partner’s income is determined by reference to the partner’s income under sub-paragraph (1) divided by fifty-two and multiplied by the number of complete weeks in the relevant year for which the Welsh Ministers determine that the eligible student and the eligible student’s partner were not separated.

(10) Where an eligible student has more than one partner in any one academic year, the provisions of this paragraph apply in relation to each.

Textual Amendments

Commencement Information

I44Sch. 2 para. 4 in force at 5.12.2014, see reg. 1

Calculation of contributionE+W

5.—(1) An eligible student’s contribution is to be calculated in accordance with this regulation.

(2) The contribution payable by an eligible student is—

(a)in any case where the household income exceeds £50,753, £1 for every £5 by which the household income exceeds £50,753; and

(b)in any case where the household income is £50,753 or less, nil.

(3) The amount of contribution is not to exceed £6,208.

Commencement Information

I45Sch. 2 para. 5 in force at 5.12.2014, see reg. 1

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations provide for support for one eligible student taking a designated higher education course at the European University Institute.

Grants for living and other costs, a disabled student’s allowance and a grant for dependants are available for the eligible student.

These Regulations set out the eligibility criteria for the grants, the application procedure and the method for calculating the amount of grant payable. The Regulations also set out the arrangements for payment of the grants and recovery of any overpayments.

These Regulations revoke the Assembly Learning Grants (European University Institute) (Wales) Regulations 2009 and the Assembly Learning Grants (European University Institute) (Wales) (Amendment) Regulations 2010.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was 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.

(1)

1998 c. 30; section 22 was amended by the Learning and Skills Act 2000 (c . 21), section 146 and Schedule 11, the Income Tax (Earnings and Pensions) Act 2003 (c. 1), section 722 and Schedule 6, the Finance Act 2003 (c. 14), section 147, the Higher Education Act 2004 (c. 8), sections 42 and 43 and Schedule 7, the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), section 257, the Education Act 2011 (c. 21), section 76 and the Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2013 (S.I. 2013/1881), paragraph 6 of the Schedule. The amendments made by the Education Act 2011 apply in relation to a student who begins a course on or after 1 September 2012, except in such circumstances as may be prescribed.

(2)

The functions of the Secretary of State under section 22 of the Teaching and Higher Education Act 1998 (except so far as they relate to the making of any provision authorised by subsection (2)(a), (c), (j) or (k), (3)(e) or (f) or (5) of section 22) were transferred to the National Assembly for Wales by section 44 of the Higher Education Act 2004 and the Higher Education Act 2004 (Commencement No. 2 and Transitional Provision) (Wales) Order 2005 (S.I. 2005/1833 (W. 149) (C. 79)) as amended by the Higher Education Act 2004 (Commencement No. 2 and Transitional Provision) (Wales) (Amendment) Order 2006 (S.I. 2006/1660 (W. 159) (C. 56)). The functions of the National Assembly for Wales were transferred to the Welsh Ministers by virtue of paragraphs 30(1) and 30(2)(a) of Schedule 11 to the Government of Wales Act 2006 (c. 32).

(3)

Cmnd. 9171.

(4)

Cmnd. 3906 (out of print; photocopies are available, free of charge, from the Student Support Division, Department for Business, Innovation and Skills, Mowden Hall, Staindrop Road, Darlington DL3 9BG).

(5)

1962 c. 12; sections 1 to 4 and Schedule 1 were substituted by the provisions set out in Schedule 5 to the Education Act 1980 (c. 20). Section 1(3)(d) was amended by section 4 of the Education (Grants and Awards) Act 1984 (c. 11). Section 4 was amended by paragraph 2 of Schedule 2 to the Education Act 1994 (c. 30). The entire Act was repealed by section 44(2) of and Schedule 4 to the Teaching and Higher Education Act 1998 (c. 30), subject to the transitional provisions and savings set out in article 3 of the Teaching and Higher Education Act 1998 (Commencement No. 4 and Transitional Provisions) Order 1998 (S.I. 1998/3237) and S.I. 2010/1158 Schedule 4, paragraph 5.

(6)

1990 c. 6; repealed by Schedule 4 to the Teaching and Higher Education Act 1998 (c. 30).

(7)

S.I. 1990/1506 (N.I. 11); amended by S.I. 1996/274 (N.I. 1), Article 43 and Schedule 5 Part II, S.I. 1996/1918 (N.I. 15), Article 3 and the Schedule and S.I. 1998/258 (N.I. 1), Articles 3 to 5 and revoked, with savings, by S.R. (N.I.) 1998 No. 306.

(8)

1980 c. 44; the functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

(9)

S.I. 1998/1760 (N.I. 14), to which there have been amendments not relevant to these Regulations.

(12)

1992 c. 4 to which there are amendments not relevant to these Regulations.

(14)

1989 c. 41. Section 23 was amended by the Courts and Legal Services Act 1990 (c. 41), Schedule 16, paragraph 12, the Care Standards Act 2000 (c. 14), Schedule 4, paragraph 14, the Children Act 2004 (c. 31), section 49(3), the Children and Young Persons Act 2008 (c. 23), section 8 and Schedule 3, paragraphs 1 and 7 and the Children and Families Act 2014 (c. 6), Schedule 2(1), paragraph 30.

(15)

Subsections (5A) to (5C) of section 23C of the Children Act 1989 were inserted by section 21 of the Children and Young Persons Act 2008 and, in relation to Wales, S.I. 2010/1329 (W. 112) (C. 81) and S.I. 2011/824 (W. 123) (C. 32) refer.

(16)

There are amendments to sections 15 and 24 and Schedule 1 which are not relevant to these Regulations.

(17)

2002 c. 21 to which there are amendments not relevant to these Regulations.

(18)

2012 c. 5.

(20)

OJ L158, 30.04.2004, pp. 77-123.

(21)

1971 c. 77; section 33(2A) was inserted by paragraph 7 of Schedule 4 to the British Nationality Act 1981 (c. 61).

(22)

Cm. 4904.

(23)

OJ No L141, 27.05.2011, p. 1.

(24)

1973 c. 18; section 23 was amended by the Administration of Justice Act 1982 (c. 53), section 16. Section 25B was inserted by the Pensions Act 1995 (c. 26), section 166(1) and was amended by the Welfare Reform and Pensions Act 1999 (c. 30), Schedule 4. Section 25E was inserted by the Pensions Act 2004 (c. 35), section 319(1), Schedule 12, paragraph 3.

(25)

2004 c. 33; paragraph 25 of Schedule 5 was modified by S.I. 2006/1934, and Part 7 of Schedule 5 was amended by the Pensions Act 2008 (c. 30), Schedules 6 and 11.

(26)

2004 c. 12. Section 188 was amended by the Finance Act 2007 (c. 11), sections 68 and 114 and Schedules 18 and 27, the Finance Act 2013 (c. 29), section 52 and the Finance Act 2014 (c. 26), Schedule 7.

(27)

“Financial Statistics” (ISSN 0015-203X).

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