2019 No. 235 (W. 54)
The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2019
Made
Laid before the National Assembly for Wales
Coming into force
The Welsh Ministers, in exercise of the powers conferred on the Secretary of State by sections 1 and 2 of the Education (Fees and Awards) Act 19831 and sections 22 and 42(6) of the Teaching and Higher Education Act 19982 now exercisable by them3 and powers conferred on them under sections 5(5)(b) of the Higher Education (Wales) Act 20154 make the following Regulations:
PART 1TITLE, COMMENCEMENT AND APPLICATION
Title, commencement and application1
1
The title of these Regulations is the Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2019.
2
This regulation and regulations 3, 4, 6(b), 8(a), 12, 13(b), 21, 34(a) and 45 come into force on 8 March 2019.
3
All other regulations and the Schedules—
a
come into force on 8 March 2019; and
b
apply to the provision of support to students in relation to an academic year which begins on or after 1 August 2019, whether anything done under these Regulations is done before, on or after that date.
PART 2AMENDMENTS TO THE EDUCATION (FEES AND AWARDS) (WALES) REGULATIONS 2007
Amendments to the Education (Fees and Awards) (Wales) Regulations 2007
2
The Education (Fees and Awards) (Wales) Regulations 20075 are amended in accordance with regulations 3 to 6.
3
For “United Kingdom and Islands” in each place in which it occurs, substitute “United Kingdom and the Islands”.
Amendment to regulation 44
In regulation 4 (fee charging) in paragraph (4), for “a condition imposed under section 28 of the Higher Education Act 2004” substitute “section 10 of the Higher Education (Wales) Act 2015”.
Amendments to regulation 55
In regulation 5 (awards by local authorities), in paragraph (1)—
a
in sub-paragraph (b), for “within paragraphs 4A and 5” substitute “within paragraphs 4A, 5 and 5A”;
b
in sub-paragraph (c), for “within paragraphs 4A, 5 and 9” substitute “within paragraphs 4A, 5, 5A and 9”.
Amendments to the Schedule6
In the Schedule—
a
in paragraph 1, in the appropriate place insert—
“person with section 67 leave to remain” (“person sydd â chaniatâd i aros o dan adran 67”) means a person who—
b
in paragraph 4A for “Wales” in each place in which it occurs, substitute “the United Kingdom”;
c
after paragraph 5 (persons with leave to enter or remain and their family members), insert—
Persons with section 67 leave to remain5A
1
A person who—
a
is a person with section 67 leave to remain;
b
is ordinarily resident in the United Kingdom on the first day of the first academic year of the course; and
c
has been ordinarily resident in the United Kingdom and the Islands throughout the three-year period preceding the first day of the first academic year of the course.
2
A person who—
a
is the child of a person with section 67 leave to remain;
b
on the leave application date was under 18 years old and was the child of the person with section 67 leave to remain;
c
is ordinarily resident in the United Kingdom on the first day of the first academic year of the course; and
d
has been ordinarily resident in the United Kingdom and the Islands throughout the three-year period preceding the first day of the first academic year of the course.
3
In this paragraph—
“leave application date” means the date on which the person with section 67 leave to remain made the application that led to that person being granted leave to remain in the United Kingdom.
PART 3AMENDMENTS TO THE EDUCATION (EUROPEAN UNIVERSITY INSTITUTE) (WALES) REGULATIONS 2014
Amendments to the Education (European University Institute) (Wales) Regulations 20147
The Education (European University Institute) (Wales) Regulations 20148 are amended in accordance with regulations 8 to 10.
Amendments to regulation 38
In regulation 3, in the appropriate places insert—
a
“Islands” (“Ynysoedd”) means the Channel Islands and the Isle of Man;
b
“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;
Amendments to regulation 69
In regulation 6 (eligible students)—
a
after paragraph (10) insert—
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.”;
b
in paragraph (11), for “Paragraphs (9) and (10)” substitute “Paragraphs (9), (9A), (10) and (10A)
Amendment to Schedule 110
In Schedule 1, after paragraph 5 insert—
Persons with section 67 leave to remain5A
1
A person who—
a
is a person with section 67 leave to remain;
b
is ordinarily resident in Wales on the first day of the first academic year of the course; and
c
has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course.
2
A person who—
a
is the child of a person with section 67 leave to remain;
b
on the leave application date was under 18 years old and was the child of the person with section 67 leave to remain;
c
is ordinarily resident in Wales on the first day of the first academic year of the course; and
d
has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course.
3
In this paragraph—
“leave application date” means the date on which the person with section 67 leave to remain made the application that led to that person being granted leave to remain in the United Kingdom.
PART 4AMENDMENTS TO THE HIGHER EDUCATION (QUALIFYING COURSES, QUALIFYING PERSONS AND SUPPLEMENTARY PROVISION) (WALES) REGULATIONS 2015
Amendments to the Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015
11
The Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 20159 are amended in accordance with regulation 12 and 13.
12
For “United Kingdom and Islands” in each place in which it occurs, substitute “United Kingdom and the Islands”.
Amendments to the Schedule13
In the Schedule—
a
in paragraph 1(1), in the appropriate place insert—
“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 the Islands throughout the period since the person was granted such leave;
b
in paragraph 4A for “Wales” in each place in which it occurs, substitute “the United Kingdom”;
c
after paragraph 5 (persons with leave to enter or remain and their family members) insert—
Persons with section 67 leave to remain5A
1
A person who—
a
is a person with section 67 leave to remain;
b
is ordinarily resident in the United Kingdom on the first day of the first academic year of the course; and
c
has been ordinarily resident in the United Kingdom and the Islands throughout the three-year period preceding the first day of the first academic year of the course.
2
A person who—
a
is the child of a person with section 67 leave to remain;
b
on the leave application date was under 18 years old and was the child of the person with section 67 leave to remain;
c
is ordinarily resident in the United Kingdom on the first day of the first academic year of the course; and
d
has been ordinarily resident in the United Kingdom and the Islands throughout the three-year period preceding the first day of the first academic year of the course.
3
In this paragraph—
“leave application date” means the date on which the person with section 67 leave to remain made the application that led to that person being granted leave to remain in the United Kingdom.
PART 5AMENDMENTS TO THE EDUCATION (STUDENT SUPPORT) (WALES) REGULATIONS 2017
Amendments to the Education (Student Support) (Wales) Regulations 201714
The Education (Student Support) (Wales) Regulations 201710 are amended in accordance with regulations 15 to 40.
Amendments to regulation 215
In regulation 2 (interpretation), paragraph (1)—
a
omit the definition of “English regulated institution”;
b
in the appropriate place insert—
i
“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;
i
“protected English provider” (“darparwr Seisnig gwarchodedig”) means an institution which on or after 1 August 2018 but before 1 August 2019 was maintained or assisted by recurrent grants pursuant to section 65 of the Further and Higher Education Act 1992 other than an institution maintained or assisted by recurrent grants made by the Higher Education Funding Council for Wales;”;11
c
for the definition of “recognised educational institution” substitute—
“recognised educational institution” (“sefydliad addysgol cydnabyddedig”) means—
- a
a Welsh regulated institution;
- b
a protected English provider; or
- c
an institution maintained or assisted by recurrent grants out of public funds that is wholly or mainly situated in Scotland or Northern Ireland;
Amendments to regulation 416
In regulation 4 (eligible students)—
a
after paragraph (10) insert—
10A
Where—
a
the Welsh Ministers have 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—
i
an eligible student in connection with an application for support for an earlier year of the present course, an application for support for a course in relation to which the present course is an end-on course or an application for support in connection with a designated part-time course, designated distance learning course, or other designated course from which A’s status as an eligible part-time student, eligible distance learning student or eligible student has been transferred to the present course; or
ii
a qualifying student in connection with an application for support for an earlier year of the qualifying course or other qualifying course from which A’s status as a qualifying student has been transferred to the qualifying course in respect of which the student is applying for support; and
b
as at the day before the academic year in respect of which A is applying for support starts, the period for which a person granted section 67 leave to remain is allowed to stay in the United Kingdom has expired and 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 or qualifying student terminates immediately before the first day of the academic year in respect of which A is applying for support.
b
in paragraph (11), for “Paragraphs (9), (9A) and (10)” substitute “Paragraphs (9), (9A), (10) and (10A)”.
Amendments to regulation 517
In regulation 5 (designated courses)—
a
for paragraph (1)(e) substitute—
e
for a course beginning before 1 September 2017, provided by an institution that was before that date a publicly funded institution (whether alone or in conjunction with an institution situated outside the United Kingdom);
b
after paragraph (1)(e) insert—
ea
for a course beginning on or after 1 September 2017, provided by—
i
a recognised educational institution (whether alone or in conjunction with an institution situated outside the United Kingdom);
ii
a charity within the meaning given by section 1 of the Charities Act 2011 on behalf of a Welsh regulated institution;
iii
an institution that was publicly funded before 1 August 2019 on behalf of a protected English provider.
c
for paragraph (5)(c) substitute—
c
an institution is not to be regarded as having been publicly funded before 1 August 2019 by reason only that it received public funds before that date from the governing body of a higher education institution in accordance with section 65(3A) of the Further and Higher Education Act 1992;
Amendment to regulation 1518
In regulation 15 (events), after paragraph (b) insert—
ba
the student or the student’s parent becomes a person with section 67 leave to remain;
Amendments to regulation 1619
In regulation 16 (new fee grant)—
a
in paragraph (3)—
i
in sub-paragraph (a) for “£4,800” substitute “£4,665”;
ii
in sub-paragraph (b) for “£4,200” substitute “£4,335”;
b
in paragraph (4)—
i
in sub-paragraph (a) for “£2,480” substitute “£2,410”;
ii
in sub-paragraph (b) for “£2,020” substitute “£2,090”.
Amendments to regulation 1920
In regulation 19 (new fee loan in respect of courses beginning on or after 1 September 2012)—
a
in paragraph (3)(a) for “£4,200” substitute “£4,335”;
b
in paragraph (4)(a) for “£2,020” substitute “£2,090”.
Amendments to regulation 2021
In regulation 20 (additional fee loan in respect of courses beginning on or after 1 September 2012)—
a
in paragraph (5)(b), for “£900” substitute “£1,800”;
b
in paragraph (6)(b), for “£675” substitute “£1,350”.
Amendment to regulation 2322
In regulation 23 (general qualifying conditions for grants for living costs), after paragraph (12)(b) insert—
ba
the student or the student’s parent becomes a person with section 67 leave to remain;
Amendments to regulation 2423
In regulation 24 (grants for disabled students’ living costs), paragraph (3)—
a
in sub-paragraph (a) for “£21,181” substitute “£22,472”;
b
in sub-paragraph (b) for “£5,332” substitute “£5,657”;
c
in sub-paragraph (d) for “£1,785” substitute “£1,894”.
Amendments to regulation 4324
In regulation 43 (maximum amount of loans for certain eligible students)—
a
in paragraph (2)—
i
in sub-paragraph (i) for “£5,529” substitute “£5,684”;
ii
in sub-paragraph (ii) for “£10,007” substitute “£10,288”;
iii
in sub-paragraph (iii) for “£8,517” substitute “£8,756”;
iv
in sub-paragraph (iv) for “£8,517” substitute “£8,756”;
v
in sub-paragraph (v) for “£7,143” substitute “£7,344;
b
in paragraph (3)—
i
in sub-paragraph (i) for “£5,006” substitute “£5,147”;
ii
in sub-paragraph (ii) for “£9,112” substitute “£9,368”;
iii
in sub-paragraph (iii) for “£7,408” substitute “£7,616”;
iv
in sub-paragraph (iv) for “£7,408” substitute “£7,616”;
v
in sub-paragraph (v) for “£6,617” substitute “£6,803”.
Amendments to regulation 4525
In regulation 45 (students with reduced entitlement)—
a
in paragraph (1)(a)—
i
in paragraph (i) for “£2,625” substitute “£2,699”;
ii
in paragraph (ii) for “£4,920” substitute “£5,058”;
iii
in paragraph (iii) for “£3,500” substitute “£3,598”;
iv
in paragraph (iv) for “£3,500” substitute “£3,598”;
v
in paragraph (v) for “£3,500” substitute “£3,598”;
b
in paragraph (1)(b)—
i
in paragraph (i) for “£2,625” substitute “£2,699”;
ii
in paragraph (ii) for “£4,920” substitute “£5,058”;
iii
in paragraph (iii) for “£4,186” substitute “£4,304”;
iv
in paragraph (iv) for “£4,186” substitute “£4,304”;
v
in paragraph (v) for “£3,500” substitute “£3,598”;
c
in paragraph (1)(c)—
i
in paragraph (i) for “£4,147” substitute “£4,263”;
ii
in paragraph (ii) for “£7,505” substitute “£7,716”;
iii
in paragraph (iii) for “£6,388” substitute “£6,567”;
iv
in paragraph (iv) for “£6,388” substitute “£6,567”;
v
in paragraph (v) for “£5,357” substitute “£5,508”;
d
in paragraph (2)(a)—
i
in paragraph (i) for “£1,996” substitute “£2,052”;
ii
in paragraph (ii) for “£3,763” substitute “£3,869”;
iii
in paragraph (iii) for “£2,727” substitute “£2,804”;
iv
in paragraph (iv) for “£2,727” substitute “£2,804”;
v
in paragraph (v) for “£2,727” substitute “£2,804”;
e
in paragraph (2)(b)—
i
in paragraph (i) for “£1,996” substitute “£2,052”;
ii
in paragraph (ii) for “£3,763” substitute “£3,869”;
iii
in paragraph (iii) for “£3,060” substitute “£3,146”:
iv
in paragraph (iv) for “£3,060” substitute “£3,146”:
v
in paragraph (v) for “£2,727” substitute “£2,804”;
f
in paragraph (2)(c)—
i
in paragraph (i) for “£3,755” substitute “£3,860”;
ii
in paragraph (ii) for “£6,834” substitute “£7,026”;
iii
in paragraph (iii) for “£5,556” substitute “£5,712”;
iv
in paragraph (iv) for “£5,556” substitute “£5,712”;
v
in paragraph (v) for “£4,963” substitute “£5,102”.
Amendment to regulation 4926
In regulation 49 (students becoming eligible during the course of an academic year), after paragraph (2)(b) insert—
ba
the student or the student’s parent becomes a person with section 67 leave to remain;
Amendments to regulation 5027
In regulation 50 (increases in maximum amount), paragraph (1)—
a
in sub-paragraph (a) for “£80” substitute “£84”;
b
in sub-paragraph (b) for “£153” substitute “£162”;
c
in sub-paragraph (c) for “£166” substitute “£177”;
d
in sub-paragraph (d) for “£166” substitute “£177”;
e
in sub-paragraph (e) for “£120” substitute “£127”.
Amendments to regulation 6428
In regulation 64 (eligible distance learning students)—
a
after paragraph (11) insert—
11A
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 distance learning student in connection with an application for support for an earlier year of the present distance learning course or an application for support in connection with a designated course, designated part-time course or other designated distance learning course from which A’s status as an eligible student, eligible part-time student or eligible distance learning student has been transferred to the present distance learning course; and
b
as at the day before the academic year in respect of which A is applying for support begins, the period for which a person with section 67 leave to remain is allowed to stay in the United Kingdom has expired and 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 distance learning student terminates immediately before the first day of the academic year in respect of which A is applying for support.
b
in paragraph (12), for “Paragraphs (10), (10A) and (11)” substitute “Paragraphs (10), (10A), (11) and (11A)”.
Amendments to regulation 6529
In regulation 65 (students becoming eligible during the course of the academic year)—
a
in paragraph (2), for “(b), (e)”, substitute “(b), (ba), (e)”;
b
in paragraph (3), for “(b), (e)” substitute “(b), (ba), (e)”; and
c
in paragraph (4), after sub-paragraph (b) insert—
ba
the student or the student’s parent becomes a person with section 67 leave to remain;
Amendments to regulation 8130
In regulation 81 (eligible part-time students)—
a
after paragraph (10) insert—
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 part-time student in connection with an application for support for an earlier year of the present part-time course or an application for support in connection with a designated course, designated distance learning course or other designated part-time course from which A’s status as an eligible part-time student, eligible student or eligible distance learning student has been transferred to the present part-time course; and
b
as at the day before the academic year in respect of which A is applying for support begins, the period for which a person with section 67 leave to remain is allowed to stay in the United Kingdom has expired and 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 part-time student terminates immediately before the first day of the academic year in respect of which A is applying for support.
b
in paragraph (11), for “Paragraphs (9), (9A) and (10)” substitute “Paragraphs (9), (9A), (10) and (10A)”; and
c
for paragraphs (28) and (29) substitute—
28
A course is specified for the purpose of paragraph (27) if—
a
it is concerned with the study of the history, grammar and use of Welsh;
b
the course is listed in the Higher Education Classification of Subjects in one of the following subject areas—
i
subjects allied to medicine (CAH02);
ii
biological and sport sciences (CAH03);
iii
psychology (CAH04);
iv
veterinary sciences (CAH05);
v
agriculture, food and related studies (CAH06);
vi
physical sciences (CAH07);
vii
mathematical sciences (CAH09);
viii
engineering and technology (CAH10);
ix
computing (CAH11); or
c
it is a course whose code and label under the Higher Education Classification of Subjects is listed in Schedule 7.
29
In this regulation and in Schedule 7 “the Higher Education Classification of Subjects” means the Higher Education Classification of Subjects maintained by the Universities and Colleges Admissions Service and the Higher Education Statistics Agency13.
Amendments to regulation 8231
In regulation 82 (students becoming eligible during the course of the academic year)—
a
in paragraph (2), for “(b), (e)” substitute “(b), (ba), (e)”;
b
in paragraph (3), for “(b), (e)” substitute “(b), (ba), (e)”; and
c
in paragraph (4), after paragraph (b) insert—
ba
the student or the student’s parent becomes a person with section 67 leave to remain;
Amendments to regulation 8332
In regulation 83 (designated part-time courses)—
a
for paragraph (1)(d) substitute—
d
it is wholly provided by an institution in the United Kingdom that was before 1 August 2019 a publicly funded institution or is provided by such an institution in conjunction with an institution outside the United Kingdom;
b
for paragraph (4)(c) substitute—
c
an institution is not to be regarded as having been publicly funded before 1 August 2019 by reason only that it received public funds before that date from the governing body of a higher education institution in accordance with section 65(3A) of the Further and Higher Education Act 1992;
Amendments to regulation 8833
In regulation 88 (grants for disabled part-time student’s living costs), paragraph (3)—
a
in sub-paragraph (a) for “£15,885” substitute “£16,853”;
b
in sub-paragraph (b) for “£5,332” substitute “£5,657”;
c
in sub-paragraph (d) for “£1,338” substitute “£1,420”.
Amendments to regulation 11034
In regulation 110 (eligible postgraduate students)—
a
in paragraph (11A)(b), for “person with leave to enter or remain” substitute “person granted stateless leave”;
b
after paragraph (12) insert—
12A
Where—
a
the Welsh Ministers have 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 postgraduate student in connection with an application for support for an earlier year of the present postgraduate course or an application in connection with another designated postgraduate course from which A’s status as an eligible postgraduate student has been transferred to the present postgraduate course; and
b
as at the day before the academic year in respect of which A is applying for support starts, the period for which the person with section 67 leave to remain is allowed to stay in the United Kingdom has expired and 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 postgraduate student terminates immediately before the first day of the first academic year in respect of which A is applying for support.
c
in paragraph (13), for “Paragraphs (11) and (12)” substitute “Paragraphs (11), (11A), (12) and (12A)”.
Amendment to regulation 11135
In regulation 111 (students becoming eligible during the course of the academic year), after paragraph (2)(b) insert—
ba
the student or the student’s parent becomes a person with section 67 leave to remain;
Amendments to regulation 11236
In regulation 112 (designated postgraduate courses)—
a
for paragraph (1)(c) substitute—
c
it is wholly provided by an institution in the United Kingdom that was before 1 August 2019 a publicly funded institution or is provided by such an institution in conjunction with an institution outside the United Kingdom;
b
for paragraph (2)(c) substitute—
c
an institution is not to be regarded as having been publicly funded before 1 August 2019 by reason only that it received public funds before that date from the governing body of a higher education institution in accordance with section 65(3A) of the Further and Higher Education Act 1992;
Amendment to regulation 11737
In regulation 117 (amount of grant), for “£10,590” substitute “£20,000”.
Amendments to the Schedules
38
In Schedule 1, after paragraph 5 (persons with leave to enter or remain and their family members) insert—
Persons with section 67 leave to remain5A
1
A person who—
a
is a person with section 67 leave to remain;
b
is ordinarily resident in Wales on the first day of the first academic year of the course; and
c
has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course.
2
A person who—
a
is the child of a person with section 67 leave to remain;
b
on the leave application date was under 18 years old and was the child of the person with section 67 leave to remain;
c
is ordinarily resident in Wales on the first day of the first academic year of the course; and
d
has been ordinarily resident in the United Kingdom and Islands for the three-year period preceding the first day of the first academic year of the course.
3
In this paragraph, “leave application date” means the date on which the person with section 67 leave to remain made the application that led to that person being granted leave to remain in the United Kingdom.
39
In Schedule 4, in paragraph 6 after sub-paragraph (a) insert—
aa
the student or the student’s parent becomes a person with section 67 leave to remain;
40
After Schedule 6, insert the new schedule set out in Schedule 1 to these Regulations.
PART 6AMENDMENTS TO THE EDUCATION (STUDENT SUPPORT) (WALES) REGULATIONS 2018
Amendments to the Education (Student Support) (Wales) Regulations 201841
The Education (Student Support) (Wales) Regulations 201814 are amended in accordance with regulations 42 to 60.
Amendments to regulation 642
In regulation 6 (designated courses – conditions)—
a
for condition 4 substitute—
Condition 4
a
Where the course is a full-time course that begins before 1 August 2019, it is provided—
i
by a Welsh regulated institution, a protected English provider, a Scottish funded institution or a Northern Irish funded institution (whether alone or in conjunction with an institution outside the United Kingdom),
ii
by a charity within the meaning given by section 1 of the Charities Act 2011 on behalf of a Welsh regulated institution, or
iii
on behalf of a protected English provider by an institution that was before 1 August 2019 a publicly funded institution.
b
Where the course is a part-time course that begins before 1 August 2019, it is provided by an institution that before 1 August 2019 was a publicly funded institution (whether alone or in conjunction with an institution situated outside the United Kingdom).
c
Where the course is a full-time course that begins on or after 1 August 2019 it is provided by—
i
a Welsh regulated institution, an English regulated institution, a Scottish funded institution or a Northern Irish funded institution (whether alone or in conjunction with an institution situated outside the United Kingdom),
ii
a charity within the meaning given by section 1 of the Charities Act 2011 on behalf of a Welsh regulated institution, or
iii
a registered English institution on behalf of an English plan provider.
d
Where the course is a part-time course that begins on or after 1 August 2019 it is provided by—
i
a Welsh funded institution, a Scottish funded institution, a Northern Irish funded institution or an English regulated institution (whether alone or in conjunction with an institution situated outside the United Kingdom), or
ii
a registered English institution on behalf of an English plan provider.
b
for paragraph (2)(c) substitute—
c
an institution is not regarded as a Welsh funded institution or a publicly funded institution by reason only that—
i
where the course begins before 1 August 2019, it was a connected institution which received a relevant payment before that date, or
ii
where the course begins on or after 1 August 2019, it is a connected institution which receives a relevant payment.
c
after paragraph (2) insert—
2A
For the purpose of paragraph (2)—
a
“a connected institution” means a connected institution within the meaning of section 65(3B) of the Further and Higher Education Act 1992, and
b
“a relevant payment” means the payment of the whole or part of any grant, loan or other payment from the governing body of an institution which is provided to the connected institution in accordance with section 65(3A) of the Further and Higher Education Act 1992.
Amendment to regulation 2343
After regulation 23 (other persons who cease to have leave to enter or remain) insert—
Persons who cease to have section 67 leave to remain23A
1
This regulation applies where—
a
a person (“P”) was a Category 3A eligible student (see Schedule 2) in connection with an application for support—
i
for an earlier year of the present course,
ii
for a full-time course in relation to which the present course is a full-time end-on course, or
iii
for a course from which P’s status as an eligible student has been transferred to the present course under regulation 28 or paragraph 7 of Schedule 5, and
b
as at the end of the day before the first day of the academic year in respect of which P is applying for support, the period for which—
i
P, or
ii
the person who, as a result of having section 67 leave to remain, caused P to be a Category 3A eligible student,
is allowed to stay in the United Kingdom has expired and 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).
2
Where this regulation applies, P’s status as an eligible student terminates immediately before the first day of the academic year in respect of which P is applying for support.
Amendments to regulation 2544
In regulation 25 (part-time students – restrictions on support for graduates)—
a
in paragraph (2), for Case 3 substitute—
Case 3
The present course leads to an honours degree and is—
a
concerned with the study of the history, grammar and use of Welsh,
b
listed in the Higher Education Classification of Subjects in one of the following subject areas—
i
subjects allied to medicine (CAH02);
ii
biological and sport sciences (CAH03);
iii
psychology (CAH04);
iv
veterinary sciences (CAH05);
v
agriculture, food and related studies (CAH06);
vi
physical sciences (CAH07);
vii
mathematical sciences (CAH09);
viii
engineering and technology (CAH10);
ix
computing (CAH11), or
c
a course whose code and label under the Higher Education Classification of Subjects is listed in Schedule 5A.
b
for paragraph (3), substitute—
In Case 3 and in Schedule 5A “the Higher Education Classification of Subjects” means the Higher Education Classification of Subjects maintained by the Universities and Colleges Admissions Service and the Higher Education Statistics Agency.
Amendment to regulation 4045
In regulation 40(3) (amount of tuition fee loan), Table 2, for “£5,535” substitute “£5,785”.
Amendments to regulation 5546
In regulation 55 (amount of maintenance loan: full-time students), Table 7 for —
a
“£6,650” substitute “£6,840”;
b
“£10,250” substitute “£10,530”;
c
“£8,000” substitute “£8,225”;
d
“£3,325” substitute “£3,420”;
e
“£5,125” substitute “£5,265”;
f
“£4,000” substitute “£4,110”.
Amendments to regulation 5647
In regulation 56 (amount of maintenance loan payable: full-time students to whom special support payment payable)—
a
in Table 8 for—
i
“£7,650” substitute “£7,840”;
ii
“£11,250” substitute “£11,530”;
iii
“£9,000” substitute “£9,225”;
b
in Table 8A for—
i
“£3,325” substitute “£3,420”;
ii
“£5,125” substitute “£5,265”;
iii
“£4,000” substitute “£4,110”.
Amendments to regulation 5748
In regulation 57 (increased maintenance loan for full-time students in extended years), Table 9 for—
a
“£80” substitute “£84”;
b
“£153” substitute “£162”;
c
“£120” substitute “£127”.
Amendment to regulation 5849
In regulation 58 (amount of maintenance loan: part-time students), Table 10 for “£5,650” substitute “£5,815”.
Amendment to regulation 58A50
In regulation 58A (amount of maintenance loan: part-time students who qualify for special support payment), Table 10A for “£6,650” substitute “£6,815”.
Amendments to regulation 6351
In regulation 63 (amount of disabled student’s grant), paragraph (2) for—
a
“£21,181” substitute “£22,472”;
b
“£15,885” substitute “£16,853”;
c
“£5,332” substitute “£5,657”;
d
“£1,785” substitute “£1,894”;
e
“£1,338” substitute “£1,420”.
Amendments to regulation 8052
In regulation 80 (qualifying for a tuition fee loan during the academic year)—
a
in paragraph (2), after sub-paragraph (b)(i) insert—
ia
the student or the student’s parent becomes a person with section 67 leave to remain;
b
in paragraph (3), in the appropriate place insert—
“person with section 67 leave to remain” (“person sydd â chaniatâd i aros o dan adran 67”);
Amendment to regulation 8153
In regulation 81 (qualifying for grants or maintenance loan during the academic year), after paragraph (3)(b)(i) insert—
ia
the student or the student’s parent becomes a person with section 67 leave to remain;
Amendments to the Schedules
54
In Schedule 1, for paragraph 2 substitute—
Educational institutions2
In these regulations “recognised educational institution” means—
a
in relation to a full-time course that begins before 1 August 2019—
i
a Welsh regulated institution;
ii
a protected English provider;
iii
a Scottish funded institution; or
iv
a Northern Irish funded institution;
b
in relation to a part-time course that begins before 1 August 2019 a publicly funded institution;
c
in relation to a full-time course that begins on or after 1 August 2019—
i
a Welsh regulated institution;
ii
an English regulated institution;
iii
a Scottish funded institution;
iv
a Northern Irish funded institution;
d
in relation to a part-time course that begins on or after 1 August 2019—
i
a Welsh funded institution;
ii
an English regulated institution;
iii
a Scottish funded institution;
iv
a Northern Irish funded institution.
55
In Schedule 1, after paragraph 2 insert—
2A
1
In these regulations—
a
“Welsh funded institution” means an institution maintained or assisted by recurrent grants out of funds provided by the Welsh Ministers;
b
“Welsh regulated institution” means an institution which has a fee and access plan approved by the Higher Education Funding Council for Wales under section 7 of the Higher Education (Wales) Act 2015 whilst that plan remains in force;
c
“protected English provider” means an institution which on or after 1 August 2018 but before 1 August 2019 was maintained or assisted by recurrent grants pursuant to section 65 of the Further and Higher Education Act 1992 other than an institution maintained or assisted by recurrent grants made by the Higher Education Funding Council for Wales;
d
“registered English institution” means an institution registered by the Office for Students in the register;
e
“English regulated institution” means a registered English institution subject to a fee limit condition under section 10 of the Higher Education and Research Act 201715;
f
“English plan provider” means a registered English institution which has an access and participation plan approved by the Office for Students16 under section 29 of the Higher Education and Research Act 2017 and which remains in force;
g
“Scottish funded institution” means an institution maintained or assisted by recurrent grants out of funds provided by the Scottish Ministers;
h
“Northern Irish funded institution” means an institution maintained or assisted by recurrent grants out of funds provided by the Northern Ireland Executive.
2
In sub-paragraph (1) reference to the register is to the register established and maintained by the Office for Students under section 3 of the Higher Education and Research Act 2017.
56
In Schedule 2, after paragraph 3 (category 3 – persons with leave to enter or remain and their family members) insert—
Category 3A – Persons with section 67 leave to remain3A
1
A person who—
a
is a person with section 67 leave to remain,
b
is ordinarily resident in Wales on the first day of the first academic year of the course, and
c
has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course.
2
A person who—
a
is the child of a person with section 67 leave to remain,
b
on the leave application date was under 18 years old and was the child of the person with section 67 leave to remain,
c
is ordinarily resident in Wales on the first day of the first academic year of the course, and
d
has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course.
3
In this paragraph—
“leave application date” (“dyddiad y cais i gael caniatâd i aros”) means the date on which the person with section 67 leave to remain made the application that led to that person being granted leave to remain in the United Kingdom.
“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.
57
In Schedule 4—
a
in paragraph 2(1) for condition 4 substitute—
Condition 4
a
where the course begins before 1 August 2019, it is provided by an institution that before 1 August 2019 was a publicly funded institution;
b
where the course begins on or after 1 August 2019, it is provided by a Welsh funded institution, a Scottish funded institution, a Northern Irish funded institution or an English regulated institution;
b
for paragraph 2(2)(c) substitute—
c
an institution is not regarded as publicly funded institution or a Welsh funded institution by reason only that—
i
where the course begins before 1 August 2019, it was a connected institution which received a relevant payment before that date, or
ii
where the course begins on or after 1 August 2019, it is a connected institution which receives a relevant payment.
c
after paragraph 2(2) insert—
3
For the purposes of sub-paragraph (2)—
a
“a connected institution” means a connected institution within the meaning of section 65(3B) of the Further and Higher Education Act 1992; and
b
“a relevant payment” means the payment of the whole or part of any grant, loan or other payment from the governing body of an institution which is provided to the connected institution in accordance with section 65(3A) of the Further and Higher Education Act 1992.
d
after paragraph 13 insert—
Persons who cease to have section 67 leave to remain13A
1
This paragraph applies where—
a
a person (“P”) was a category 3A eligible postgraduate student (see Schedule 2) in connection with an application for a disabled postgraduate student’s grant—
i
for an earlier year of the present postgraduate course, or
ii
in connection with a course from which P’s status as an eligible postgraduate student has been transferred to the present postgraduate course under paragraph 15, and
b
as at the end of the day before the first day of the academic year in respect of which P is applying for a disabled postgraduate student’s grant, the period for which—
i
P, or
ii
the person who, as a result of being a person with section 67 leave to remain, caused P to be a category 3A eligible postgraduate student,
is allowed to stay in the United Kingdom has expired and 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).
2
Where this paragraph applies, P’s status as an eligible postgraduate student terminates immediately before the first day of the academic year in respect of which P is applying for a disabled postgraduate student’s grant.
e
in paragraph 14, after sub-paragraph (3)(b)(i) insert—
ia
the student or the student’s parent becomes a person with section 67 leave to remain;
f
in paragraph 14, sub-paragraph (4), in the appropriate place insert—
“person with section 67 leave to remain” (“person sydd â chaniatâd i aros o dan adran 67”);
g
in paragraph 20 for “£10,590” substitute “£20,000”.
58
In Schedule 5, paragraph 4—
a
after sub-paragraph (2)(a) insert—
aa
the student or the student’s parent becomes a person with section 67 leave to remain;
b
in sub-paragraph (3), in the appropriate place insert—
“person with section 67 leave to remain” (“person sydd â chaniatâd i aros o dan adran 67”);
59
After Schedule 5, insert the new schedule set out in Schedule 2 to these Regulations.
60
In Schedule 7 (index of defined terms), Table 16, insert the following entries into the appropriate places—
“English plan provider” | Schedule 1, paragraph 2(1) |
“English regulated institution” | Schedule 1, paragraph 2(1) |
“Northern Irish funded institution” | Schedule 1, paragraph 2(1) |
“person with section 67 leave to remain” | Schedule 2, paragraph 3A(3) |
“protected English provider” | Schedule 1, paragraph 2(1) |
“registered English institution” | Schedule 1, paragraph 2(1) |
“Scottish funded institution” | Schedule 1, paragraph 2(1) |
“Welsh funded institution” | Schedule 1, paragraph 2(1) |
“Welsh regulated institution” | Schedule 1, paragraph 2(1) |
PART 7AMENDMENTS TO THE EDUCATION (POSTGRADUATE DOCTORAL DEGREE LOANS) (WALES) REGULATIONS 2018
Amendments to the Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 201861
The Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 201817 are amended in accordance with regulations 62 to 66.
Amendments to regulation 262
In regulation 2 (interpretation), in paragraph (1) in the appropriate places insert—
“English plan provider” (“darparwr cynllun Seisnig”) means a registered English institution which has an access and participation plan approved by the Office for Students under section 29 of the Higher Education and Research Act 2017 and which remains in force;
“English regulated institution” (“sefydliad rheoleiddiedig Seisnig”) means a registered English institution subject to a fee limit condition under section 10 of the Higher Education and Research Act 2017;
“Northern Irish funded institution” (“sefydliad a gyllidir gan Ogledd Iwerddon”) means an institution maintained or assisted by recurrent grants out of funds provided by the Northern Ireland Executive;
“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;
“registered English institution” (“sefydliad Seisnig cofrestredig”) means an institution registered by the Office for Students in the register;
“Scottish funded institution” (“sefydliad a gyllidir gan yr Alban”) means an institution maintained or assisted by recurrent grants out of funds provided by the Scottish Ministers;
“Welsh funded institution” (“sefydliad a gyllidir gan Gymru”) means an institution maintained or assisted by recurrent grants out of funds provided by the Welsh Ministers;
Amendments to regulation 463
In regulation 4 (designated courses)—
a
for paragraph (1)(b) substitute—
b
it is one of the following—
i
where the course begins before 1 August 2019, it is provided by an institution that before 1 August 2019 was a publicly funded institution (whether alone or in conjunction with another such publicly funded institution or with an institution situated outside the United Kingdom);
ii
where the course begins on or after 1 August 2019, it is provided by—
aa
a Welsh funded institution, a Scottish funded institution, a Northern Irish funded institution or an English regulated institution (whether alone or in conjunction with an institution within or outside the United Kingdom); or
ab
a registered English institution on behalf of an English plan provider;
b
for paragraph (2)(d) substitute—
d
an institution is not regarded as a publicly funded institution or a Welsh funded institution by reason only that—
i
where the course begins before 1 August 2019, it was a connected institution which received a relevant payment before that date; or
ii
where the course begins on or after 1 August 2019, it is a connected institution which receives a relevant payment;
c
after paragraph (2) insert—
2A
For the purpose of paragraph (2)—
a
“a connected institution” means a connected institution within the meaning of section 65(3B) of the Further and Higher Education Act 1992; and
b
“a relevant payment” means the payment of the whole or part of any grant, loan or other payment from the governing body of an institution which is provided to the connected institution in accordance with section 65(3A) of the Further and Higher Education Act 1992.
Amendment to regulation 864
In regulation 8 (events), after paragraph (b) insert—
ba
the student or the student’s parent becomes a person with section 67 leave to remain;
Amendments to regulation 1365
In regulation 13 (amount of postgraduate doctoral degree loan)—
a
in paragraph (1) for “£25,000” substitute “£25,700”;
b
in paragraph (2)(b) for “£25,000” substitute “£25,700”.
Amendment to Schedule 166
In Schedule 1, after paragraph 6 (persons with leave to enter or remain and their family members) insert—
Persons with section 67 leave to remain6A
1
A person who—
a
is a person with section 67 leave to remain;
b
is ordinarily resident in Wales on the first day of the first academic year of the course; and
c
has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course.
2
A person who—
a
is the child of a person with section 67 leave to remain;
b
on the leave application date was under 18 years old and was the child of the person with section 67 leave to remain;
c
is ordinarily resident in Wales on the first day of the first academic year of the course; and
d
has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course.
3
In this paragraph—
“leave application date” means the date on which the person with section 67 leave to remain made the application that led to that person being granted leave to remain in the United Kingdom.
SCHEDULES
SCHEDULE 1
Schedule 7Higher Education Classification of Subjects Course Codes and Labels
Table 1 sets out the Higher Education Classification of Subjects (HECoS) course codes and labels for the purposes of paragraph (28)(c) of regulation 81.
Table 1
HECoS code
HECoS label
100706
Hair and make-up
101374
Hair services
100131
Radiology
100456
Childhood studies
100302
History
100337
Philosophy
100621
Gender studies
101233
Cultural studies
100986
Water resource management
100807
Heritage management
101091
Quaternary studies
101078
Applied environmental sciences
101079
Hydrology
101072
Pollution control
100381
Environmental sciences
101070
Climate change
101067
Soil science
101394
Glaciology and cryospheric systems
100408
Environmental geography
101352
Biogeography
101065
Maritime geography
101064
Geomorphology
100410
Physical geography
101058
Mapping science
101056
Remote sensing
100369
Geographical information systems
100052
Ergonomics
SCHEDULE 2
Schedule 5AHigher Education Classification of Subjects Course Codes and Labels
Table 15A sets out the Higher Education Classification of Subjects (HECoS) course codes and labels for the purposes of sub-paragraph (c) of Case 3 in regulation 25(2).
Table 15A
HECoS code
HECoS label
100706
Hair and make-up
101374
Hair services
100131
Radiology
100456
Childhood studies
100302
History
100337
Philosophy
100621
Gender studies
101233
Cultural studies
100986
Water resource management
100807
Heritage management
101091
Quaternary studies
101078
Applied environmental sciences
101079
Hydrology
101072
Pollution control
100381
Environmental sciences
101070
Climate change
101067
Soil science
101394
Glaciology and cryospheric systems
100408
Environmental geography
101352
Biogeography
101065
Maritime geography
101064
Geomorphology
100410
Physical geography
101058
Mapping science
101056
Remote sensing
100369
Geographical information systems
100052
Ergonomics
(This note is not part of the Regulations)