The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019

Amendments to Schedule 2

26.—(1) Schedule 2 (categories of eligible student) is amended as follows.

(2) In paragraph 1(2)(d) (category 1 – persons settled in the United Kingdom), after “territory comprising” insert “the United Kingdom, Gibraltar,”.

(3) In paragraph 4 (category 4 – workers, employed persons, self-employed persons and their family members)—

(a) in sub-paragraphs (1)(b) and (2)(b), after “the territory comprising” insert “the United Kingdom, Gibraltar,”;

(b) in sub-paragraphs (3) and (4), omit “other than the United Kingdom” each time it occurs.

(4) In paragraph 5(1)(d) and (e) (category 5 – persons who are settled in the United Kingdom and have exercised a right of residence elsewhere), after “the territory comprising” insert “the United Kingdom, Gibraltar,”.

(5) In paragraph 6 (category 6 - EU nationals)—

(a) for sub-paragraph (1)(a), substitute—

“(a) who, on the first day of the first academic year of the course, is—

(i) an EU national,

(ii) a United Kingdom national who has exercised a right of residence, or

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

(b) in sub-paragraphs (1)(c) and (d), after “the territory comprising” insert “the United Kingdom, Gibraltar,”;

(c) after sub-paragraph (1), insert—

“(1A) Any description of person who would have been eligible under sub-paragraph (1) immediately before exit day is to be eligible on and after exit day.”;

(d) in sub-paragraph (2)(a), omit “other than a United Kingdom national”;

(e) in sub-paragraph (2)(d), after “the territory comprising” insert “the United Kingdom, Gibraltar,”;

(f) for sub-paragraph (4), substitute—

“(4) For the purpose of sub-paragraph (1)(a), a United Kingdom national has exercised a right of residence if that person has resided in Gibraltar or 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.”

(6) For paragraph 7 (category 7 - children of Swiss nationals), substitute—

“7.    Category 7 – Children of Swiss nationals

(1) A person who—

(a) is the child of a Swiss national who is entitled to support in the United Kingdom by virtue of Article 3(6) of Annex 1 to the Swiss Agreement;

(b) is ordinarily resident in Wales on the first day of the first academic year of the course;

(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 exit day is to be eligible on and after exit day.”

(7) In paragraph 8(1)(c) (category 8 – children of Turkish workers), after “the territory comprising” insert “the United Kingdom, Gibraltar,”.

(8) In paragraph 9 (ordinary residence – additional provision)—

(a) after “the territory comprising” insert “the United Kingdom, Gibraltar,” each time it occurs;

(b) in sub-paragraph (5), after “an area” insert “other than the United Kingdom or Gibraltar”.