The Education (Student Support) (Wales) Regulations 2018
PART 1TITLE, COMMENCEMENT AND APPLICATION
1Title and commencement
2Application
PART 2OVERVIEW
3(1) The remaining Parts of these Regulations are arranged as...
PART 3INTERPRETATION AND INDEX
4Interpretation and index
PART 4KEY CONCEPTS
CHAPTER 1DESIGNATED COURSES
5Designated courses
6Designated courses – conditions
7Designated courses – exceptions
8Designation of other courses
CHAPTER 2ELIGIBILITY
SECTION 1Eligible students
9Eligible students
10Eligible students - exceptions
11Eligible students continuing on a course
SECTION 2Period of eligibility
12Period of eligibility – general rule
13Part-time courses – no eligibility for years of low intensity study
14Maximum period of eligibility – tuition fee loans and grants for new students
15Maximum period of eligibility – tuition fee loans and specified grants for students who undertook a previous course
16Maximum period of eligibility – tuition fee loans and grants for certain continuing students
17Maximum period of eligibility – interpretation
18Extension of maximum period where student receives incorrect notification
SECTION 3Termination of eligibility
19Early termination of eligibility
20Misconduct and failure to provide accurate information
21Reinstatement of eligibility after termination
22Refugees who cease to have leave to remain
23Other persons who cease to have leave to enter or remain
SECTION 4Previous study
24Full-time students – restrictions on support for honours graduates
25Part-time students – restrictions on support for graduates
26Restrictions lifted where incorrect notification received
27Further restriction on support for part-time students
SECTION 5Transfers and conversions
28Transfer of status
29Effect of transfer – tuition fee loans
30Effect of transfer – grants and maintenance loans
31Transfers involving conversions between part-time and full-time study
PART 5APPLICATIONS, PROVIDING INFORMATION AND LOAN CONTRACTS
32Requirement to apply for support
33Time limit for making application
34Welsh Ministers’ decision on an application
35Requirements on eligible students to provide information
36Requirement to enter into a contract for a loan
37Requirement on academic authority to notify when student leaves course
PART 6TUITION FEE LOANS
38Tuition fee loan
39Qualifying conditions for tuition fee loan
40Amount of tuition fee loan
41Applying for a fee loan for less than the maximum amount
42Further application for tuition fee loan up to maximum amount
PART 7BASE GRANT AND MAINTENANCE GRANT
CHAPTER 1QUALIFYING CONDITIONS
43Base grant and maintenance grant
44Qualifying conditions for base grant and maintenance grant
CHAPTER 2BASE GRANT
45Amount of base grant
CHAPTER 3MAINTENANCE GRANT
46Amount of maintenance grant: full-time students
47Amount of maintenance grant: part-time students
48Household income
49Meaning of care leaver
CHAPTER 4SPECIAL SUPPORT PAYMENT
50Special support payment
51Special support payment: qualifying conditions
52Maximum amount of maintenance grant treated as special support payment
PART 8MAINTENANCE LOAN
53Maintenance loan
54Qualifying conditions for a maintenance loan
55Amount of maintenance loan: full-time students
56Amount of maintenance loan payable: full-time students to whom special support payment payable
57Increased maintenance loan for full-time students in extended years
58Amount of maintenance loan: part-time students
59Applying for maintenance loan for less than the maximum amount
60Further application for maintenance loan up to maximum amount
PART 9DISABLED STUDENT’S GRANT
61Disabled student’s grant
62Qualifying conditions for disabled student’s grant
63Amount of disabled student’s grant
PART 10GRANTS FOR TRAVEL
64Grant for travel
65Grant for travel for medical students
66Grant for travel for study or work overseas
67Grant for travel not payable for expenditure covered by disabled student’s grant
PART 11GRANTS FOR DEPENDANTS
CHAPTER 1INTRODUCTION
68Grants for dependants
69Qualifying conditions for grants for dependants
70Interpretation of this Part
CHAPTER 2ADULT DEPENDANTS GRANT
71Adult dependants grant
72Maximum amount of adult dependants grant
CHAPTER 3PARENTS’ LEARNING GRANT
73Parents’ learning grant
74Maximum amount of parents’ learning grant
CHAPTER 4CHILDCARE GRANT
75Childcare grant
76Maximum amount of childcare grant
CHAPTER 5AMOUNT OF GRANT FOR DEPENDANTS PAYABLE
77Grants for dependants: calculating the amount payable
78Amount of adult dependants grant and childcare grant: eligible student’s partner is an eligible student
79Changes in circumstances
PART 12QUALIFYING FOR SUPPORT DURING THE ACADEMIC YEAR
80Qualifying for a tuition fee loan during the academic year
81Qualifying for grants or maintenance loan during the academic year
PART 13PAYMENTS, OVERPAYMENTS AND RECOVERY
CHAPTER 1PAYMENT FOLLOWING A PROVISIONAL DECISION
82Payment based on provisional assessment
CHAPTER 2PAYMENT OF TUITION FEE LOAN
83Payment of tuition fee loan
84Requirements for payment of tuition fee loan
CHAPTER 3PAYMENT OF GRANTS AND MAINTENANCE LOANS
85Payment of grants and maintenance loans
86Students living in more than one location
87Confirmation of attendance
88Determination of amount payable made after payment made
CHAPTER 4OVERPAYMENTS AND RECOVERY
89Overpayments – general
90Recovery of overpayments of grants
91Recovery of overpayments of maintenance loans
PART 14RESTRICTIONS ON PAYMENTS AND AMOUNTS PAYABLE
CHAPTER 1RESTRICTIONS RELATING TO GRANTS AND MAINTENANCE LOANS
92Requirement for payment to be made into bank or building society account
93Support reduced for periods spent in prison
94Support reduced for other periods of absence
95Payments when period of eligibility ends or is terminated
CHAPTER 2RESTRICTIONS RELATING TO LOANS
96Requirement to provide national insurance number
97Information requirements relating to loans
PART 15DISABLED POSTGRADUATE STUDENT’S GRANT
98Schedule 4 makes provision about disabled postgraduate student’s grant.
PART 16OXBRIDGE COLLEGE FEE LOANS
99Schedule 5 makes provision about Oxbridge college fee loans.
PART 17AMENDMENTS TO THE EDUCATION (STUDENT SUPPORT) (WALES) REGULATIONS 2017
100Schedule 6 contains amendments to the 2017 Regulations.
SCHEDULES
SCHEDULE 1Interpretation
1Meaning of academic year
2Educational institutions
3Location of an eligible student
4Meaning of Erasmus year
5Part-time students – calculation of intensity of study
6Interpretation of other key terms
SCHEDULE 2Categories of eligible student
1Category 1 – Persons settled in the United Kingdom
2Category 2 – Refugees and their family members
3Category 3 – Persons with leave to enter or remain and their family members
4Category 4 – Workers, employed persons, self-employed persons and their family members
5Category 5 – Persons who are settled in the United Kingdom and have exercised a right of residence elsewhere
6Category 6 – EU nationals
7Category 7 – Children of Swiss nationals
8Category 8 – Children of Turkish workers
9Ordinary residence – additional provision
10Further provision on ordinary residence: care leavers
11Interpretation
SCHEDULE 3Calculation of income
PART 1Introduction
1Overview of Schedule
PART 2Household income
2Household income of eligible student
3Calculation of household income
4Independent eligible students
5Eligible student’s parent dies leaving a surviving parent
6Separation of eligible student’s parents
7Separation of eligible student’s parent or independent eligible student from partner
8Independent eligible student or partner is a parent of an eligible student
PART 3Taxable income
9Taxable income
PART 4Residual income
CHAPTER 1Residual income of an eligible student
10Calculation of eligible student’s residual income
11Deductions for the purpose of calculating residual income of an eligible student
12Income of eligible student received in currency other than sterling
CHAPTER 2Residual income of persons other than an eligible student
13Persons to whom this chapter applies
14Calculation of residual income of persons other than eligible student
15Deductions for the purpose of calculating residual income of persons other than eligible student
16Applicable financial years: calculating residual income of persons other than eligible student
17Income from business or profession
18Treatment of income not treated as income for income tax purposes
19P’s income in currency other than sterling
PART 5Net income of dependants
20Net income of dependants
21Net income
22Applicable financial years: calculating net income of an eligible student’s dependent children
PART 6Interpretation
23Interpretation
SCHEDULE 4Disabled postgraduate student’s grant
1Disabled postgraduate student’s grant
2Designated postgraduate courses
3Designation of other postgraduate courses
4Eligible postgraduate students
5(1) A person (“P”) is not an eligible postgraduate student...
6Eligible postgraduate students continuing on a course
7Period of eligibility
8Part-time courses – no eligibility for years of low intensity study
9Early termination of eligibility
10Termination due to misconduct or failure to provide accurate information
11Reinstatement of eligibility after termination
12Refugees who cease to have leave to remain
13Other persons who cease to have leave to enter or remain
14Becoming eligible during an academic year
15Transferring between postgraduate courses
16Effect of transfer
17Applications and decisions
18(1) The Welsh Ministers may take such steps and make...
19Requirements on eligible postgraduate students to provide information
20Amount of disabled postgraduate student’s grant
21Payment
22Overpayments
SCHEDULE 5Oxbridge college fee loans
1Oxbridge college fee loans
2Designated Oxbridge courses
3Eligible Oxbridge students
4Students becoming eligible during the course of an academic year
5Period of eligibility
6Amount of the college fee loan
7Transfers
8Payment
9Requirement to provide national insurance number
10Information requirements and agreements for repayment
11Overpayment
SCHEDULE 6Amendments to the Education (Student Support) (Wales) Regulations 2017
1The Education (Student Support) (Wales) Regulations 2017 are amended as...
2In regulation 1 (title, commencement and application), after paragraph (2)...
3In regulation 2(1) (interpretation)— (a) in the definition of “2012...
4In regulation 3(16) (application)— (a) at the beginning insert “Subject...
5For paragraph (7) of regulation 4 (eligible students), substitute—
6In regulation 16 (new fee grant)— (a) in paragraph (3)—...
7In regulation 19 (new fee loan in respect of courses...
8In regulation 30 (grants for dependants – interpretation)—
9In regulation 43 (maximum amount loans for certain students)—
10In regulation 45 (students with reduced entitlement)—
11In regulation 50 (increases in maximum amount)—
12In regulation 56 (application of contribution)— (a) in paragraph (3)—...
13In regulation 92(3)(b) (part-time childcare grant), at the beginning insert...
14In regulation 95(1)(i) (part-time grants for dependants – interpretation), for...
15In Schedule 2, paragraph 3(a), for “Technician” substitute “Technology”.
SCHEDULE 7Index of defined terms
1Table 16 lists expressions defined or otherwise explained in these...

2018 No. 191 (W. 42)

Education, Wales

The Education (Student Support) (Wales) Regulations 2018

Made

Laid before the National Assembly for Wales

Coming into force

The Welsh Ministers, in exercise of powers conferred on the Secretary of State under sections 22 and 42(6) of the Teaching and Higher Education Act 19981 and now exercisable by them2, make the following Regulations: