The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2018

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend—

(a) the Education (Student Support) (Wales) Regulations 2018 (“the 2018 Regulations”);

(b) the Education (Student Support) (Wales) Regulations 2017 (“the 2017 Regulations”);

(c) the Education (Fees and Awards) (Wales) Regulations 2007 (“the Fees and Awards Regulations”);

(d) the Education (European University Institute) (Wales) Regulations 2014 (“the European University Institute Regulations”);

(e) the Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015 (“the Qualifying Courses and Persons Regulations”);

(f) the Education (Postgraduate Master’s Degree Loans) (Wales) Regulations 2017 (“the Master’s Regulations”); and

(g) the Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 2018 (“the Doctoral Regulations”).

The 2017 Regulations and the 2018 Regulations provide for financial support for students taking designated higher education courses which begin, respectively, on or after 1 September 2017, and on or after 1 August 2018. The 2018 Regulations also provide support for courses which begin before 1 August 2018 and are subsequently converted from full-time to part-time or part-time to full-time on or after 1 August 2018.

Regulation 16 amends Schedule 2 to the 2018 Regulations to create a new category of eligible student: persons granted stateless leave and their family members. It also amends that Schedule to ensure that persons who have been granted leave to remain on the grounds of private life and their family members are included in the existing category of eligible student “persons with leave to enter or remain and their family members”.

Regulations 5, 13, 14, 17(b), (c) and (d), 19 and 20 make amendments which are consequential on the amendments made by regulation 16.

A summary of the further amendments made to the 2018 Regulations is set out below.

Regulation 3 amends regulation 14 of the 2018 Regulations so that the maximum period of eligibility calculated in accordance with paragraph (2) does not apply to grants for dependants or disabled students.

Regulation 4 amends regulation 16 of the 2018 Regulations. The amendments provide for eligible students who have completed a full-time course for the Certificate of Higher Education or an ordinary degree, and who go on to undertake certain further study, to be subject to the maximum period of eligibility calculated in accordance with paragraph (2). Paragraph (2) is amended so that the calculation of the maximum period for eligibility does not apply to grants for dependants or disabled students.

Regulation 6 makes an amendment to the Welsh text of regulation 30 paragraph (4), to effect equivalence with the English text.

Regulation 7 introduces a new regulation 34A into the 2018 Regulations. Regulation 34A provides that the Welsh Ministers have discretion to treat as eligible a student who received from them incorrect notification that they are eligible in cases where the information or documentation provided by the student, in relation to their application for support, was not materially inaccurate.

Regulation 8 amends regulation 40 of the 2018 Regulations in relation to the maximum amount of tuition fee loan for eligible students undertaking an Erasmus year of a full-time course provided by an institution in England, Scotland or Wales. It also amends the maximum amount of tuition fee loan for Category 4 students in regulation 40, who are studying at an ordinary course provider located in Scotland.

Regulation 9 amends regulation 47(4) of the 2018 Regulations. This amendment provides that if a part-time student’s household income is £59,200 or more, the student will not receive a maintenance grant.

Regulation 10 amends regulation 54 of the 2018 Regulations. This amendment removes Exception 5, so that eligible students studying on courses leading to qualification as a landscape architect, landscape designer, landscape manager, town planner or a town and country planner qualify for a maintenance loan.

Regulations 11 and 12 amend respectively regulation 65 and 66 of the 2018 Regulations. The amendments adjust the threshold amounts of an eligible student’s household income for the purposes of calculating a grant for travel for medical students (regulation 65) and grant for travel for study or work overseas (regulation 66).

Regulation 15 amends the definition of “close relative” in paragraph 6(1) of Schedule 1 to the 2018 Regulations.

Regulation 17(a) amends paragraph 2(2) of Schedule 4 to the 2018 Regulations. The amendments change the term “recognised educational institution” to “publicly funded institution”, for consistency with Condition 4 of paragraph 2(1).

Regulation 18 makes minor amendments to the Welsh text of paragraphs 2(2)(c) and 9(c) of Schedule 4 of the 2018 Regulations, to effect equivalence with the English text.

Regulation 22 amends regulation 2(1) of the 2017 Regulations. It inserts four new definitions: “close relative”, “immigration rules”, “member of the armed forces” and “person granted stateless leave”. It also amends the definition of “person with leave to enter or remain” to ensure that persons who have leave to remain on the grounds of private life, and their family members, are included in the relevant category of eligible student. Regulation 37 makes amendments to Schedule 1 to the 2017 Regulations which are consequential on the amendment to the definition of “person with leave to enter or remain” and to create a new category of eligible student: persons granted stateless leave and their family members.

Regulations 23, 26, 27, 30, 31, 32, 33(a) and (b), 34, 35, 36 and 38 make amendments to the 2017 Regulations which are consequential on the amendments made by regulations 22 and 37.

A summary of the further amendments made to the 2017 Regulations is set out below.

Regulation 24 amends regulation 6 of the 2017 Regulations so that the calculations of the maximum period for eligibility in paragraphs (8) and (11) do not apply to grants for dependants or disabled students. The amendments also provide for eligible students who have completed a full-time course for the Certificate of Higher Education or an ordinary degree, and who go on to undertake certain further study, to be subject to the maximum period of eligibility calculated in accordance with paragraph (11).

Regulation 25 amends regulation 13 of the 2017 Regulations to provide exemptions to the requirements that an eligible student must undertake their distance learning course in Wales on the first day of the first academic year of the course, and to undertake that course in the United Kingdom, in order to be eligible for fee support.

Regulation 28 amends regulation 24 of the 2017 Regulations to provide exemptions to the requirements that an eligible student must undertake their distance learning course in Wales on the first day of the first academic year of the course, and to undertake that course in the United Kingdom, in order to be eligible for a grant for disabled students’ living costs.

Regulation 29 amends regulation 41 of the 2017 Regulations. This amendment removes paragraph (4), so that eligible students studying on courses leading to qualification as a landscape architect, landscape designer, landscape manager, town planner or a town and country planner qualify for a loan for living costs.

Regulation 33(c) and (d) amends regulation 81 of the 2017 Regulations to provide exemptions to the requirements that an eligible part-time student must undertake their distance learning course in Wales on the first day of the first academic year of the course, and undertake that course in the United Kingdom, in order to be eligible for support under regulations 85 to 88.

The Fees and Awards Regulations provide that, in the circumstances described in the Regulations, it is lawful for institutions to discriminate between some or all of those persons mentioned in the Schedule and any other person, by charging higher fees to persons not mentioned in the Schedule, than the fees which are charged to persons so mentioned. Regulations 40 and 41 of these Regulations amend regulation 5 and the Schedule to the Fees and Awards Regulations to include persons granted leave to remain the grounds of private life in the definition of “person with leave to enter or remain” and to insert a new category of “persons granted stateless leave and their family members”.

The European University Institute Regulations provide for support for one eligible student taking a designated higher education course at the European University Institute. Regulations 43 to 45 of these Regulations make amendments to the European University Institute Regulations to ensure that persons who have been granted leave to remain on the grounds of private life and their family members are included in the existing category of eligible student “persons with leave to enter or remain and their family members” and to create a new category of eligible student: “persons granted stateless leave and their family members”.

The Qualifying Courses and Persons Regulations prescribe the qualifying courses and persons for the purposes of section 5 of the Higher Education (Wales) Act 2015, which sets out that fee and access plans must specify (or provide for the determination of) fee limits in relation to qualifying courses each academic year. Regulations 47 and 48 of these Regulations make amendments to the Qualifying Courses and Persons Regulations to include references to the 2017 Regulations and the 2018 Regulations. Regulation 49 makes amendments to the Schedule of the Qualifying Courses and Persons Regulations to ensure that persons with leave to remain on the grounds of private life are included in the definition of “person with leave to enter or remain” and to add a new category: “persons granted stateless leave and their family members”. That Schedule lists those persons who may be qualifying persons.

Regulations 51 to 53 and regulations 55 and 56 make corresponding amendments to the Master’s Regulations and the Doctoral Regulations respectively.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Higher Education Division, Welsh Government, Cathays Park, Cardiff, CF10 3NQ.