The Education (Student Support) (Postgraduate Master’s Degrees) (Wales) Regulations 2019

PART 1 General

Title and commencement

1.—(1) The title of these Regulations is the Education (Student Support) (Postgraduate Master’s Degrees) (Wales) Regulations 2019.

(2) These Regulations come into force on 27 May 2019.

Application

2.—(1) These Regulations apply in relation to Wales.

(2) These Regulations apply to the provision of support to students in relation to a course which begins on or after 1 August 2019 whether anything done under these Regulations is done before, on or after 1 August 2019.

(3) But these Regulations do not apply to the provision of support to students in relation to such a course if the course is one in relation to which the student’s status has transferred under regulation 6 of the Education (Postgraduate Master’s Degree Loans) (Wales) Regulations 2017(1) (“the 2017 Master’s Degree Loans Regulations”).

(4) For provision about support provided to students in relation to a course—

(a) to which paragraph (3) applies, or

(b) which begins before 1 August 2019,

(c) see the 2017 Master’s Degree Loans Regulations.

PART 2 Overview

Overview

3.—(1) The remaining Parts of these Regulations are arranged as follows.

(2) Part 3 introduces 2 Schedules—

(a) Schedule 1, which contains provisions about the interpretation of certain key terms;

(b) Schedule 4, which contains an index of the terms defined in these Regulations.

(3) Part 4 comprises 2 Chapters containing provision about the key concepts which determine eligibility for support under these Regulations—

(a) Chapter 1 makes provision about determining whether a course is designated for the purposes of these Regulations and is therefore a course in respect of which a student may be eligible for support;

(b) Chapter 2 makes provision about how a student undertaking a designated course may be eligible for support under these Regulations.

(4) Part 5 makes administrative provision about—

(a) applications for support under these Regulations;

(b) requirements imposed on applicants and eligible students to provide information;

(c) contracts for loans applied for under these Regulations.

(5) Part 6 makes provision about the grant support available to eligible students including provision about—

(a) the qualifying conditions that a student must meet in order to qualify for a grant;

(b) the amount of grant available.

(6) Part 7 makes provision about the loan support available to eligible students including provision about—

(a) the qualifying conditions that a student must meet in order to qualify for a loan;

(b) the amount of loan available.

(7) Part 8 comprises 3 Chapters about payments, overpayments and the recovery of overpayments, in particular—

(a) Chapter 1 makes provision permitting payments to be made on the basis of provisional decisions;

(b) Chapter 2 makes provision about the payment of grants and loans, including provision about when payments may be made and the requirements to be met before payments are made;

(c) Chapter 3 makes provision about overpayments, including provision specifying what constitutes an overpayment and how an overpayment may be recovered.

(8) Part 9 sets out restrictions on the payment of loans, including provision—

(a) restricting payment of a loan if the student fails to provide a National Insurance number;

(b) withholding payment of a loan if the student fails to provide certain requested information.

(9) Part 10 contains amendments to the 2017 Master’s Degree Loans Regulations.

PART 3 Interpretation and index

Interpretation and index

4.—(1) Schedule 1 makes provision about the interpretation of certain key terms for the purposes of these Regulations.

(2) Schedule 4, which is the final Schedule to these Regulations, contains the index of defined terms.

PART 4 Key concepts

CHAPTER 1 Designated courses

Designated courses

5.  In these Regulations (and for the purposes of section 22 of the Teaching and Higher Education Act 1998 (“the 1998 Act”)), a course is a designated course if it—

(a) satisfies each of the conditions in regulation 6, and

(b) does not fall within any of the exceptions in regulation 7.

Designated courses – conditions

6.—(1) The conditions are—

Condition 1

The course is one which—

(a) leads to an award granted or to be granted by a body falling within section 214(2)(a) or (b) of the Education Reform Act 1988(2), and

(b) the teaching and supervision which comprise the course have been approved by that body.

Condition 2

The course is one of the following—

(a) a full-time course of one or two academic years’ duration, or

(b) a part-time course which it is ordinarily possible to complete in up to four academic years.

Condition 3

The course is provided by—

(a) 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

(b) a registered English institution on behalf of an English plan provider.

Condition 4

At least half of the teaching and supervision which comprise the course is provided in the United Kingdom.

(2) For the purposes of Condition 3—

(a) a course is provided by an institution if it provides the teaching and supervision which comprise the course, whether or not the institution has entered into an agreement with the student to provide the course;

(b) a university and any constituent college or institution in the nature of a college of a university is regarded as—

(i) a Welsh funded institution,

(ii) a Scottish funded institution,

(iii) a Northern Irish funded institution,

(iv) an English regulated institution,

(v) a registered English institution, or

(vi) an English plan provider,

if either the university or the constituent college or institution is such an institution;

(c) an institution is not regarded as a Welsh funded institution by reason only that it receives funds from the governing body of a higher education institution as a connected institution in accordance with section 65(3A) and (3B) of the Further and Higher Education Act 1992(3).

Designated courses – exceptions

7.  A course is not a designated course if it is recognised as a designated course for the purposes of—

(a) regulation 5 or 83 of the Education (Student Support) (Wales) Regulations 2017(4) (“the 2017 Student Support Regulations”);

(b) regulation 5 or 8 of the Education (Student Support) (Wales) Regulations 2018(5) (“the 2018 Student Support Regulations”);

(c) regulation 4 of the Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 2018(6) (“the 2018 Doctoral Degree Loans Regulations”).

Designation of other courses

8.—(1) The Welsh Ministers may specify that a course is to be treated as a designated course despite the fact that, but for the specification, it would not otherwise be a designated course.

(2) The Welsh Ministers may suspend or revoke the specification of a course made under paragraph (1).

CHAPTER 2 Eligibility

Eligible students

9.—(1) A person is an eligible student in connection with a designated course that the person is undertaking if—

(a) the person falls within one of the categories of persons set out in Schedule 2, and

(b) none of the exceptions set out in regulation 10 apply to the person.

(2) A person may, at any given time, be an eligible student only in connection with one designated course.

Eligible students – exceptions

10.—(1) A person (“P”) is not an eligible student if any of the following exceptions applies—

Exception 1

P is in breach of any obligation to repay any loan.

Exception 2

P has reached the age of 18 and has not ratified any agreement for a loan made with P when P was under the age of 18.

Exception 3

The Welsh Ministers think that P’s conduct is such that P is not fit to receive support.

Exception 4

P is a prisoner, unless P is an eligible prisoner.

Exception 5

P is enrolled on a course which is a designated course under—

(a) regulation 5, 66 or 83 of the 2017 Student Support Regulations and is receiving support under those Regulations for that course;

(b) regulation 5 of the 2018 Student Support Regulations and is receiving support under those Regulations for that course;

(c) regulation 4 of the 2017 Master’s Degree Loans Regulations and is receiving support under those Regulations for that course;

(d) regulation 4 of the 2018 Doctoral Degree Loans Regulations and is receiving support under those Regulations for that course.

Exception 6

P has already obtained an equivalent or higher qualification.

Exception 7

P has already enrolled on a designated course and is in receipt of support under these Regulations for that course.

Exception 8

P has previously received support in respect of a course—

(a) under these Regulations,

(b) under the 2017 Master’s Degree Loans Regulations, or

(c) in the form of a loan provided out of funds provided by a government authority within the United Kingdom.

But P may be an eligible student despite this exception if the Welsh Ministers are of the view that P had not been able to complete the course to which the previous loan related due to compelling personal reasons.

Exception 9

In respect of P undertaking the designated course, there has been bestowed on or paid to P—

(a) a healthcare bursary;

(b) any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 2007(7);

(c) any allowance, bursary or award of similar description made under section 67(4)(a) of the Care Standards Act 2000(8) save to the extent that P is eligible for such a payment in respect of travel expenses;

(d) any allowance, bursary or award of a similar description made under section 116(2)(a) of the Regulation and Inspection of Social Care (Wales) Act 2016(9) save to the extent that P is eligible for such a payment in respect of travel expenses;

(e) any allowance, bursary or award made under the KESS 2 Scheme.

Exception 10

The designated course is a distance learning course and P is not in Wales on the first day of the first academic year of the course.

But this exception does not apply where—

(a) P or a close relative of P is a member of the armed forces,

(b) P is not in Wales on the first day of the first academic year, and

(c) P is not in Wales on that day because P or the close relative is serving as a member of the armed forces outside Wales.

Exception 11

P is aged 60 or over on the first day of the first academic year of the designated course.

(2) In Exceptions 1 and 2, “loan” means a loan made under any provision of the student loans legislation.

(3) The Welsh Ministers may only exercise their discretion under Exception 8 once in respect of a particular student.

Period of eligibility – general rule

11.—(1) A student’s status as an eligible student in connection with a designated course is retained until the end of the student’s period of eligibility unless terminated in accordance with regulation 12 or 13.

(2) A student’s period of eligibility ends at the end of the academic year in which the student completes the designated course.

Early termination of eligibility

12.—(1) An eligible student’s (“P’s”) period of eligibility terminates at the end of the day on which—

(a) P withdraws from P’s designated course and the Welsh Ministers do not transfer P’s status as an eligible student under regulation 17, or

(b) P abandons or is expelled from P’s designated course.

(2) Where—

(a) an eligible student’s (“P’s”) designated course is a distance learning course, and

(b) P undertakes the course outside the United Kingdom,

P’s period of eligibility terminates at the beginning of the first day on which P undertakes the course outside the United Kingdom.

(3) Paragraph (2) does not apply where P is undertaking a distance learning course outside the United Kingdom because P or a close relative of P is serving as a member of the armed forces.

Misconduct and failure to provide accurate information

13.—(1) The Welsh Ministers may terminate an eligible student’s period of eligibility if they are satisfied that the student’s conduct is such that the student is no longer fit to receive support.

(2) Paragraph (3) applies if the Welsh Ministers are satisfied that an eligible student—

(a) has failed to comply with a requirement to provide information or documentation under these Regulations, or

(b) has provided information or documentation which was materially inaccurate.

(3) Where this paragraph applies, the Welsh Ministers may—

(a) terminate the student’s period of eligibility;

(b) determine that the student does not qualify for a particular category of support or amount of such support.

Reinstatement of eligibility after termination

14.  Where a student’s period of eligibility terminates under regulation 12 or 13 during the academic year in which the student completes the designated course, the Welsh Ministers may reinstate the student’s period of eligibility for such period as they think appropriate.

Students becoming eligible during a course

15.  Where one of the events listed in regulation 16(1) occurs during the currency of a student’s course, a student may qualify for support under these Regulations, provided the student complies with the application provisions set out in Part 5.

16.—(1) The events are—

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

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

(i) the student or the student’s spouse, civil partner or parent is recognised as a refugee, becomes a person granted stateless leave or becomes a person with leave to enter or remain;

(ii) a state accedes to the EU where the student is a national of that state or a family member of a national of that state;

(iii) the student becomes a family member of an EU national;

(iv) the student acquires the right of permanent residence;

(v) the student becomes a child of a Turkish worker;

(vi) the student becomes a person described in paragraph 6(1)(a) of Schedule 2;

(vii) the student becomes the child of a Swiss national;

(viii) the student or the student’s parent becomes a person with section 67 leave to remain;

(c) the student commences a designated course after the start date of the designated course as the relevant academic authority has permitted the student to commence the course at this later start date.

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

“child” (“plentyn”);

“family member” (“aelod o deulu”) (within the meaning given by paragraph 8(5) of Schedule 2);

“parent” (“rhiant”);

“person granted stateless leave” (“person y rhoddwyd caniatâd iddo aros fel person diwladwriaeth”);

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

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

“refugee” (“ffoadur”);

“right of permanent residence” (“hawl i breswylio‘n barhaol”);

“Turkish worker” (“gweithiwr Twrcaidd”).

Transfer of status

17.—(1) Where an eligible student (“P”) transfers from a designated course to another designated course (“the new course”), the Welsh Ministers must transfer the student’s status as an eligible student to the new course if—

(a) they receive a request from the student to do so,

(b) they are satisfied that one of the grounds for transfer applies (see paragraph (2)), and

(c) the student’s period of eligibility has not terminated.

(2) The grounds for transfer are—

(a) on the recommendation of the academic authority P ceases one designated course and starts to undertake another designated course at the same institution; or

(b) P starts to undertake a designated course at another institution.

(3) Where P transfers under paragraph (1), P is entitled to receive in connection with the course to which P transfers, the remainder of the support, if any, in accordance with regulation 33 and where relevant regulation 36, in respect of the course from which P transfers.

PART 5 Applications, providing information and loan contracts

Requirement to apply for support

18.—(1) A person does not qualify for support as an eligible student in relation to a designated course unless the person makes an application for support in relation to that course.

(2) An application under paragraph (1) must—

(a) be in such form and contain such information as the Welsh Ministers may require,

(b) be accompanied by such documentation as the Welsh Ministers may require,

(c) reach the Welsh Ministers within the time limit specified in regulation 19, and

(d) state whether the person is applying for—

(i) a base grant,

(ii) a contribution to costs grant,

(iii) a contribution to costs loan, or

(iv) any combination of the above.

Time limits

19.—(1) Subject to paragraph (2), an application under regulation 18(1) or an application to amend the amount of the loan under regulation 31(4) must reach the Welsh Ministers no later than the end of the ninth month of the final academic year of the course.

(2) Paragraph (1) does not apply where the Welsh Ministers consider that having regard to the circumstances of the particular case the time limit should not apply, in which case the application to amend the amount must reach the Welsh Ministers no later than such date as they specify in writing.

Welsh Ministers’ decision on an application

20.—(1) The Welsh Ministers may take any steps and make any inquiries as they think necessary to make a decision on an application under regulation 18.

(2) Those steps may include requiring the applicant to provide further information or documentation.

(3) The Welsh Ministers may make a provisional decision on an application under regulation 18 (see regulation 32 for provision about payments made on the basis of a provisional decision).

(4) A decision on an application made by the Welsh Ministers after a provisional decision has been made may—

(a) confirm the provisional decision, or

(b) substitute it with a different decision.

(5) The Welsh Ministers must notify the applicant of a decision (including a provisional decision) on an application under regulation 18.

(6) The notification must state—

(a) whether the Welsh Ministers consider the applicant to be an eligible student,

(b) if so, whether the eligible student qualifies for support in relation to the designated course,

(c) if the student does qualify, the category of support for which the student qualifies and the amount payable,

(d) in the case of a provisional decision, the fact that the decision is provisional and the consequences of that fact.

21.—(1) Paragraph (2) applies where—

(a) a person (“P”) makes an application for support in accordance with regulation 18,

(b) any information or documentation provided by P in, or in connection with, the application is not materially inaccurate, and

(c) P receives notification from the Welsh Ministers under regulation 20(5) incorrectly stating that P is an eligible student.

(2) Where this paragraph applies, despite the notification incorrectly stating that P is an eligible student, the Welsh Ministers may, for the purposes of these Regulations, treat P as being an eligible student.

Requirements on eligible students to provide information

22.—(1) An eligible student must, as soon as reasonably practicable after being requested to do so, provide the Welsh Ministers with such information or documentation as the Welsh Ministers may require—

(a) for the purposes of determining—

(i) the eligibility of a student;

(ii) whether a student qualifies for support;

(iii) the type and amount of support payable to a student;

(iv) whether an overpayment has been made to a student;

(b) for any purpose relating to the recovery of an overpayment;

(c) for any purpose relating to the repayment of a loan;

(d) for any other purpose related to these Regulations that the Welsh Ministers think appropriate.

(2) A request under paragraph (1) may include requesting sight of an eligible student’s—

(a) valid passport issued by the state of which that student is a national,

(b) valid national identity card, or

(c) birth certificate.

(3) Where an event mentioned in paragraph (4) occurs in respect of an eligible student, the student must inform the Welsh Ministers as soon as is reasonably practicable after the event occurs.

(4) The events are—

(a) the student withdraws from, is suspended from, abandons or is expelled from their course;

(b) the student transfers to another course (whether at the same or at a different institution);

(c) the student otherwise ceases to undertake their course and does not intend to or is not permitted to continue it for the remainder of the academic year;

(d) the student is absent from the course for—

(i) more than 60 days due to illness, or

(ii) for any period for any other reason;

(e) the month for the start or completion of the course changes;

(f) the applicant’s home or term-time—

(i) address,

(ii) telephone number, or

(iii) email address,

changes;

(g) the applicant becomes or ceases to be a prisoner.

(5) Information or documentation that is required to be provided to the Welsh Ministers under these Regulations must be provided in such form as the Welsh Ministers may specify.

(6) The Welsh Ministers may require that—

(a) an application under regulation 18;

(b) any other documentation provided to them under these Regulations,

must be signed in such manner (including electronically) as they may specify.

(7) The reference to an eligible student in paragraph (1) is to be treated as including a person who makes an application under regulation 18 even if the Welsh Ministers’ decision on the application is that the person is not an eligible student.

(8) See regulation 13 for provision about the consequences of failing to comply with a requirement imposed by this regulation.

Requirement to enter into a contract for a loan

23.—(1) An eligible student may not receive a contribution to costs loan under these Regulations unless the student enters into a contract for the loan with the Welsh Ministers.

(2) The contract—

(a) must be in such form and on such terms, and

(b) may be required to be signed in such manner (including electronically),

as the Welsh Ministers may specify.

PART 6 Base grant and contribution to costs grant

CHAPTER 1 Qualifying conditions

Base grant and contribution to costs grant

24.  A base grant and contribution to costs grant are grants made available by the Welsh Ministers to an eligible student in relation to a designated course.

CHAPTER 2 Base grant

Amount of base grant

25.  The amount of the base grant available to an eligible student is £1,000.

CHAPTER 3 Contribution to costs grant

Qualifying conditions for contribution to costs grant

26.  An eligible student qualifies for a contribution to costs grant in relation to a designated course unless the eligible student is an eligible prisoner.

Amount of contribution to costs grant

27.—(1) The maximum amount of contribution to costs grant available to an eligible student is £5,885.

(2) Where—

(a) the student’s household income does not exceed £18,370, or

(b) the student is a care leaver,

the amount of contribution to costs grant is £5,885.

(3) Where the student’s household income exceeds £18,370 but is less than £59,200, the amount of contribution to costs grant payable to the student is the maximum amount of contribution to costs grant reduced by £1 for every £6.937 of household income exceeding £18,370.

(4) Where the eligible student’s household income is £59,200 or more, the amount of contribution to costs grant payable is £0.

Household income

28.  See Schedule 3 for provision about calculating an eligible student’s household income.

Meaning of care leaver

29.  An eligible student is a “care leaver” if the student—

(a) is under the age of 25 on the first day of the first academic year of the designated course,

(b) is, or has been, a category of young person defined in, or by virtue of, section 104 of the Social Services and Well-being (Wales) Act 2014(10), and

(c) between the student’s 14^th birthday and the first day of the first academic year of the course, the student—

(i) was looked after, fostered or accommodated (within the meaning of sections 74 and 104 of the Social Services and Well-being (Wales) Act 2014) for an aggregate period of 13 weeks or more, or

(ii) was a person with respect to whom a special guardianship order (within the meaning given by section 14A of the Children Act 1989(11)) was in force for a period of 13 weeks or more.

PART 7 Contribution to costs loan

Contribution to costs loan

30.  A contribution to costs loan is a loan made available by the Welsh Ministers to an eligible student in respect of a designated course.

Amount of contribution to costs loan

31.—(1) The amount of contribution to costs loan payable to an eligible student is calculated as follows—

• Maximum amount of contribution to costs loan available to the student in respect of a designated course.

• Minus

• Amount of contribution to costs grant payable to the student under regulation 27.

(2) Subject to paragraph (3), the maximum amount of contribution to costs loan is £16,000.

(3) Where an eligible prisoner applies for a contribution to costs loan the amount of loan must not exceed the lesser of—

(a) the fees payable in respect of the designated course minus the amount of base grant payable to the eligible prisoner under regulation 25, and

(b) £16,000.

(4) Except where regulation 36(5) to (10) applies an eligible student may apply to the Welsh Ministers to amend the amount of contribution to costs loan for which the student has applied, provided that—

(a) in aggregate, the amounts of contribution to costs loan applied for do not exceed the applicable amounts set out in paragraphs (2) and (3);

(b) such application is made in accordance with regulation 18(2).

PART 8 Payments, Overpayments and Recovery

CHAPTER 1 Payment following a provisional decision

Payment based on provisional assessment

32.  Where the Welsh Ministers make a provisional decision on an application made under regulation 18, the Welsh Ministers may make a payment based on that decision.

CHAPTER 2 Payment of grants and loans

Payment of grants and loans

33.—(1) The Welsh Ministers must pay an amount of base grant, contribution to costs grant or contribution to costs loan to an eligible student where it is payable to the student.

(2) Subject to paragraph (3), the Welsh Ministers may pay that amount—

(a) either as a lump sum or by instalments, and

(b) at such times, and in such manner, as the Welsh Ministers consider appropriate.

(3) The Welsh Ministers may make it a condition of entitlement to payment that the eligible student must provide the Welsh Ministers with particulars of a bank or building society account in the United Kingdom into which payments may be made by electronic transfer.

(4) In the case of an eligible prisoner, the Welsh Ministers must pay the base grant and contribution to costs loan for which an eligible prisoner qualifies to the institution to which the eligible prisoner is liable to make payment for the fees payable in connection with the designated course or to such third party that the Welsh Ministers consider appropriate for the purpose of ensuring the payment of such fees to the relevant institution.

Confirmation of attendance

34.—(1) The Welsh Ministers must not pay the grant or loan or any instalment of the grant or loan for which an eligible student qualifies unless they have received from the relevant academic authority confirmation (in such form as may be required by the Welsh Ministers) of the student’s attendance on the designated course.

(2) The academic authority must forthwith inform the Welsh Ministers and provide the Welsh Ministers with particulars if the student withdraws, is suspended or is expelled from the designated course or is otherwise absent.

(3) An eligible student is not to be considered absent from the eligible student’s course if the eligible student is unable to attend due to illness and the eligible student’s absence has not exceeded 60 days.

Absence from the course

35.—(1) Subject to paragraphs (2) to (4), if the Welsh Ministers receive notice under regulation 34(2) or under regulation 22(3) in relation to an event listed in regulation 22(4)(a) to (d), the Welsh Ministers may not make any further payment of the base grant, contribution to costs grant or the contribution to costs loan in respect of the eligible student to which the notice relates.

(2) Further payments may be made despite the student’s lack of attendance if, in the opinion of the Welsh Ministers, those payments would be appropriate in all the circumstances during the student’s absence.

(3) If the eligible student recommences the designated course the student must notify the Welsh Ministers and give full details of the length and cause of the preceding absence.

(4) After considering the student’s notification under paragraph (3), the Welsh Ministers may recommence any remaining payments of the base grant, contribution to costs grant or the contribution to costs loan under regulation 33, if, in the opinion of the Welsh Ministers, it would be appropriate in all the circumstances for such payment to be made.

Effect of becoming, or ceasing to be, an eligible prisoner

36.—(1) Paragraph (2) applies where an eligible student who is in receipt of a base grant, contribution to costs grant or contribution to costs loan becomes an eligible prisoner and continues to undertake a designated course.

(2) The Welsh Ministers must—

(a) not make any future payment of the contribution to costs grant,

(b) adjust future payment of the base grant and contribution to costs loan or future payments of instalments of the base grant and contribution to costs loan, so that the total of the support received by the eligible student does not exceed the amount to which the student, as an eligible prisoner, is entitled to under regulation 31(3), and

(c) make any future payments of the base grant or contribution to costs loan in accordance with regulation 33(4).

(3) Paragraphs (4) to (10) apply where an eligible prisoner who is in receipt of a base grant or a contribution to costs loan ceases to be an eligible prisoner and remains an eligible student, and continues to undertake a designated course.

(4) The Welsh Ministers must make any future payments of the base grant, contribution to costs loan and contribution to costs grant, if any, in accordance with regulation 33(2).

(5) Where an eligible student (“P”) ceases to be an eligible prisoner P may, subject to paragraphs (6) to (8) apply for a contribution to costs grant.

(6) Subject to paragraph (8), the amount of the contribution to costs grant payable to P is calculated by reference to the following formula—

where—

• G equals the maximum amount of contribution to costs grant payable to P in accordance with paragraph (7);

• T equals the total number of days of the duration of the designated course;

• R equals the number of days of the designated course which remain when P ceases to be an eligible prisoner.

(7) The maximum amount of the contribution to costs grant payable to P is—

(a) £5,885 where the student’s household income does not exceed £18,370;

(b) £5,885 reduced by £1 for every £6.937 of household income exceeding £18,370;

(c) £0 where the student’s household income is £59,200 or more.

(8) The amount of contribution to costs grant payable to a student under paragraph (6) must not exceed £16,000 minus A, where A is the amount of contribution to costs loan the student has already received when they cease to be an eligible prisoner.

(9) Where P ceases to be an eligible prisoner P may, subject to paragraph (10), apply for the amount of contribution to costs loan to be increased.

(10) The maximum amount of the increase of P’s contribution to costs loan for which P may apply under paragraph (9) is calculated by reference to the following formula—

where—

• J equals £16,000 minus the maximum amount of contribution to costs grant payable to P under paragraph (7);

• F equals the amount of contribution to costs loan for which P qualifies as an eligible prisoner;

• T equals the total number of days of the duration of the designated course;

• R equals the number of days of the designated course which remain when P ceases to be an eligible prisoner.

CHAPTER 3 Overpayments and recovery

Overpayments - general

37.—(1) Where an eligible student has been paid an amount of any grant or contribution to costs loan which exceeds the amount to which the student is entitled under these Regulations, the student must repay the excess amount if required to do so by the Welsh Ministers.

(2) In this Chapter, references to an eligible student are to be treated as including a person who has received support but is not, or is no longer, an eligible student.

Recovery of overpayments of grants

38.—(1) The Welsh Ministers must recover any overpayment of a grant unless they think it is not appropriate to do so.

(2) A payment of a grant made before the day on which the course begins is an overpayment if the student withdraws from the course before that day.

(3) Overpayment of a grant may be recovered by subtracting the overpayment from any grant payable to the eligible student from time to time under these Regulations or any other regulations made by the Welsh Ministers under section 22 of the 1998 Act.

(4) Paragraph (3) does not prevent the Welsh Ministers from recovering an overpayment by any other method available to them.

Recovery of overpayment of contribution to costs loan

39.—(1) Any overpayment of a contribution to costs loan is recoverable by the Welsh Ministers from—

(a) the institution or third party which received the monies of the contribution to costs loan where payment was made to such institution or third party, or

(b) the student who received the contribution to costs loan.

(2) An overpayment of a contribution to costs loan may be recovered from a student under paragraph (1)(b) in whichever one or more of the following ways the Welsh Ministers consider appropriate in all the circumstances—

(a) by subtracting the overpayment from any amount of the contribution to costs loan which remains to be paid;

(b) by subtracting the overpayment from any kind of grant or loan payable to the student from time to time pursuant to regulations made by the Welsh Ministers under section 22 of the 1998 Act;

(c) by requiring the student to repay the contribution to costs loan in accordance with regulations made under section 22 of the 1998 Act;

(d) by taking such other action for the recovery of the overpayment as is available to them.

Repayment

40.—(1) The Welsh Ministers may at any time require an applicant or eligible student to enter into an agreement to repay a contribution to costs loan by a particular method.

(2) Where the Welsh Ministers have required an agreement as to the method of repayment under this regulation, the Welsh Ministers may withhold any payment of a contribution to costs loan until the applicant or eligible student provides what has been required.

PART 9 Restrictions relating to contribution to costs loans

Requirement to provide national insurance number

41.—(1) The Welsh Ministers may make it a condition of entitlement to payment of the contribution to costs loan or any instalment of the loan that an eligible student must provide them with the student‘s United Kingdom national insurance number.

(2) If that condition is imposed, the Welsh Ministers must not make any payment of the contribution to costs loan until the eligible student has complied, unless the Welsh Ministers are satisfied that, owing to exceptional circumstances, it would be appropriate to make a payment despite the condition not being complied with.

Information requirements relating to loans

42.—(1) Where the Welsh Ministers have required information or documentation under regulation 22(1), for any of the purposes mentioned in paragraph (2) of this regulation, they may withhold any payment of a contribution to costs loan or contribution to costs grant until the student complies with the requirement or provides a satisfactory explanation for not doing so.

(2) The purposes are—

(a) determining whether the student is an eligible student who qualifies for a loan;

(b) determining the amount of loan payable to the student;

(c) any matter relating to the payment of a loan by the student.

PART 10 Amendments to the Education (Postgraduate Master’s Degree Loans) (Wales) Regulations 2017

Amendments to the Education (Postgraduate Master’s Degree Loans) (Wales) Regulations 2017

43.  The 2017 Master’s Degree Loans Regulations are amended as follows.

44.  In regulation 1 (title, commencement and application), after paragraph (3) insert—

“(4) These Regulations do not apply to the provision of postgraduate master’s degree loans to students in relation to courses which begin on or after 1 August 2019 unless regulation 2(3) of the Education (Student Support) (Postgraduate Master’s Degrees) (Wales) Regulations 2019 applies to the course.”

45.  In regulation 2 (interpretation), in paragraph (1)—

(a) for the definition of “fees” substitute—

““fees” (“ffioedd”) has the meaning given in section 57(1) of the Higher Education (Wales) Act 2015(12);”;

(b) 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(13) and in accordance with the immigration rules(14); and

(b)

has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;”.

46.  In regulation 4—

(a) for paragraph (1)(b) substitute—

“(b) wholly provided by an institution in the United Kingdom that before 1 August 2019 was a publicly funded institution (whether alone or in conjunction with another such institution or with an institution situated outside the United Kingdom);”;

(b) for paragraph (3)(d) substitute—

“(d) 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; and”.

47.  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;”.

48.  In Schedule 1, after paragraph 5 (persons with leave to enter or remain and their family members) insert—

Persons with section 67 leave to remain

5A.— (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.”

Kirsty Williams

Minister for Education, one of the Welsh Ministers

29 April 2019