The Education (Student Support) (Wales) Regulations 2018

PART 12 E+W QUALIFYING FOR SUPPORT DURING THE ACADEMIC YEAR

Qualifying for a tuition fee loan during the academic year E+W

80.—(1) Where one of the events listed in paragraph (2) occurs within 3 months of the first day of the academic year, the student may qualify for a tuition fee loan in respect of that academic year.

(2) The events are—

(a) the present course becomes a designated course;

(b) the student becomes an eligible student on the grounds that—

[F1 (i) the student or the student’s spouse, civil partner or parent is recognised as a refugee, becomes a person granted stateless leave, becomes a person with leave to enter or remain or becomes a person granted humanitarian protection under paragraph 339C of the immigration rules;]

[F2 (ia) the student or the student’s parent becomes a person with section 67 leave to remain [F3 or a person granted leave to remain as a protected partner];]

[F4 (ib) the student becomes a person with Calais leave;]

F5 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6 (iii) the student becomes a family member described in paragraph 6A(1)(a), 6C(1)(a) or 6D(a) of Schedule 2;]

[F7 (iv) the student becomes a person described in paragraph 1(2)(a) of Schedule 2;]

[F8 (v) where regulation 9(1A)(a) applies, the person becomes a person described in paragraph 8(1)(a) of Schedule 2;]

(vi) the student becomes a person described in [F9 paragraph 4A(1)(a) of Schedule 2 or, where regulation 9(1A)(a) applies, in] paragraph 4(1)(a) of Schedule 2;

[F10 (vii) the student becomes a person described in paragraph 7A(a) of Schedule 2 or, where regulation 9(1A)(a) applies, in paragraph 7(1)(a) of Schedule 2; or]

[F11 (viii) the student becomes a person described in paragraph 6B(1)(a)(ii) of Schedule 2.]

(3) In this regulation and regulation 81, the following terms have the same meaning as in Schedule 2—

F12 ...

“family member” (“aelod o deulu”) F13 ...;

[F14 “immigration rules” (“rheolau mewnfudo”);]

“parent” (“rhiant”);

[F15 “person granted leave to remain as a protected partner” (“person y rhoddwyd caniatâd iddo aros fel partner a ddiogelir”);]

[F16 “person granted stateless leave” (“person y rhoddwyd caniatâd iddo aros fel person diwladwriaeth”)]

[F15 “person with Calais leave” (“person sydd â chaniatâd Calais”);]

“person with leave to enter or remain” (“person sydd â chaniatâd i ddod i mewn neu i aros”);

[F17 “person with section 67 leave to remain” (“person sydd â chaniatâd i aros o dan adran 67”);]

“refugee” (“ffoadur”);

F18 ...

F19 ...

Textual Amendments

F1 Reg. 80(2)(b)(i) substituted (28.1.2021) by The Education (Student Fees, Awards and Support) (Ordinary Residence) (Wales) Regulations 2021 (S.I. 2021/9), regs. 1(2), 43(a)

F2 Reg. 80(2)(b)(ia) 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), 52(a)

F3 Words in reg. 80(2)(b)(ia) inserted (with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 125(a)(i)

F4 Reg. 80(2)(b)(ib) inserted (with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 125(a)(ii)

F5 Reg. 80(2)(b)(ii) omitted (with application in accordance with reg. 2 of the amending S.I.) by virtue of The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 125(a)(iii)

F6 Reg. 80(2)(b)(iii) substituted (with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 125(a)(iv)

F7 Reg. 80(2)(b)(iv) substituted (31.12.2020) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 29(b)

F8 Reg. 80(2)(b)(v) substituted (with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 125(a)(v)

F9 Words in reg. 80(2)(b)(vi) inserted (with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 125(a)(vi)

F10 Reg. 80(2)(b)(vii) substituted (with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 125(a)(vii)

F11 Reg. 80(2)(b)(viii) inserted (with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 125(a)(viii)

F12 Words in reg. 80(3) omitted (with application in accordance with reg. 2 of the amending S.I.) by virtue of The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 125(b)(i)

F13 Words in reg. 80(3) omitted (with application in accordance with reg. 2 of the amending S.I.) by virtue of The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 125(b)(ii)

F14 Words in reg. 80(3) inserted (28.1.2021) by The Education (Student Fees, Awards and Support) (Ordinary Residence) (Wales) Regulations 2021 (S.I. 2021/9), regs. 1(2), 43(b)

F15 Words in reg. 80(3) inserted (with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 125(b)(v)

F16 Words in reg. 80(3) inserted (30.7.2018) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2018 (S.I. 2018/814), regs. 1(2), 13(b)

F17 Words in reg. 80(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), 52(b)

F18 Words in reg. 80(3) omitted (with application in accordance with reg. 2 of the amending S.I.) by virtue of The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 125(b)(iii)

F19 Words in reg. 80(3) omitted (with application in accordance with reg. 2 of the amending S.I.) by virtue of The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 125(b)(iv)

Qualifying for grants or maintenance loan during the academic year E+W

81.—(1) Where one of the events in paragraph (3) occurs, the eligible student may qualify for a grant or maintenance loan.

(2) But the amount of grant or loan payable to the eligible student—

[F20 (a) will only, in the case of a grant, be in respect of the remaining days of the academic year, and, in the case of a maintenance loan, only be in respect of the remaining term days of the academic year, in either case beginning with the day the relevant event occurs, and]

(b) in relation to a maintenance loan, will only be payable if it is a quarter in respect of which the loan would otherwise be payable under regulation 85(6) and (7).

(3) The events are—

(a) the student's course becomes a designated course;

(b) the student becomes an eligible student on the grounds that–

[F21 (i) the student or the student’s spouse, civil partner or parent is recognised as a refugee, becomes a person granted stateless leave, becomes a person with leave to enter or remain or becomes a person granted humanitarian protection under paragraph 339C of the immigration rules;]

[F22 (ia) the student or the student’s parent becomes a person with section 67 leave to remain [F23 or a person with leave to remain as a protected partner];]

[F24 (ib) the student becomes a person with Calais leave;]

F25 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F26 (iii) the student becomes a person described in paragraph 1(2)(a) of Schedule 2;]

[F27 (iv) where regulation 9(1A)(a) applies, the person becomes a person described in paragraph 8(1)(a) of Schedule 2;]

(v) the student becomes a person described in [F28 paragraph 4A(1)(a) of Schedule 2 or, where regulation 9(1A)(a) applies, in] paragraph 4(1)(a) of Schedule 2;

[F29 (vi) the student becomes a person described in paragraph 7A(a) of Schedule 2 or, where regulation 9(1A)(a) applies, in paragraph 7(1)(a) of Schedule 2;]

[F30 (vii) the student becomes a person described in paragraph 6B(1)(a)(ii) of Schedule 2.]

Textual Amendments

F20 Reg. 81(2)(a) substituted (1.8.2018) by The Education (Student Support) (Wales) (Amendment) Regulations 2018 (S.I. 2018/813), regs. 1(2), 7

F21 Reg. 81(3)(b)(i) substituted (28.1.2021) by The Education (Student Fees, Awards and Support) (Ordinary Residence) (Wales) Regulations 2021 (S.I. 2021/9), regs. 1(2), 44

F22 Reg. 81(3)(b)(ia) 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), 53

F23 Words in reg. 81(3)(b)(ia) inserted (with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 126(a)

F24 Reg. 81(3)(b)(ib) inserted (with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 126(b)

F25 Reg. 81(3)(b)(ii) omitted (with application in accordance with reg. 2 of the amending S.I.) by virtue of The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 126(c)

F26 Reg. 81(3)(b)(iii) substituted (31.12.2020) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 30

F27 Reg. 81(3)(b)(iv) substituted (with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 126(d)

F28 Words in reg. 81(3)(b)(v) inserted (with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 126(e)

F29 Reg. 81(3)(b)(vi) substituted (with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 126(f)

F30 Reg. 81(3)(b)(vii) inserted (with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 126(g)