2022 No. 764 (W. 166)

Education, Wales

The Education (Student Finance) (Ukrainian Nationals and Family Members) (Miscellaneous Amendments) (Wales) Regulations 2022

Made5 July 2022

Laid before Senedd Cymru7 July 2022

Coming into force24 July 2022

The Welsh Ministers, in exercise of the powers conferred upon the Secretary of State by sections 1 and 2 of the Education (Fees and Awards) Act 19831 and sections 22(1)(a), 22(2)(a) and (d) and 42(6) of the Teaching and Higher Education Act 19982 and now exercisable by them3 and powers conferred on them under sections 5(5)(b) and 55(2) of the Higher Education (Wales) Act 20154, make the following Regulations:

PART 1Title, commencement and application

Title and commencement

I11

The title of these Regulations is the Education (Student Finance) (Ukrainian Nationals and Family Members) (Miscellaneous Amendments) (Wales) Regulations 2022.

I22

These Regulations come into force on 24 July 2022.

ApplicationI33

These Regulations apply in relation to the provision of support to a student in relation to an academic year which begins on or after 1 August 2022, whether or not anything done under these Regulations is done before, on or after that date.

PART 2Amendments to the Education (Fees and Awards) (Wales) Regulations 2007

IntroductionI44

The Education (Fees and Awards) (Wales) Regulations 20075 are amended in accordance with this Part.

in paragraph 1, at the appropriate place insert—

“protected Ukrainian national” (“gwladolyn Wcreinaidd a ddiogelir”) means a person granted leave to enter or remain in the United Kingdom—
a
under paragraph 9.1 (Ukraine Family Scheme), 19.1 (Homes for Ukraine Sponsorship Scheme) or 27.1 (Ukraine Extension Scheme) of Appendix Ukraine Scheme of the immigration rules; or
b
outside the immigration rules, where the person—
i
was residing in Ukraine immediately before 1 January 2022; and
ii
left Ukraine in connection with the Russian invasion which took place on 24 February 2022;

b

after paragraph 4B insert—

4C
A person who—
a
is a protected Ukrainian national;
b
has been ordinarily resident in the United Kingdom and Islands throughout the period since becoming a protected Ukrainian national; and
c
is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.

PART 3Amendments to the Education (European University Institute) (Wales) Regulations 2014

IntroductionI1111

The Education (European University Institute) (Wales) Regulations 20146 are amended in accordance with this Part.

Amendment to regulation 3I1212

In regulation 3(1), at the appropriate place insert—

“protected Ukrainian national” (“gwladolyn Wcreinaidd a ddiogelir”) means a person granted leave to enter or remain in the United Kingdom—
a
under paragraph 9.1 (Ukraine Family Scheme), 19.1 (Homes for Ukraine Sponsorship Scheme) or 27.1 (Ukraine Extension Scheme) of Appendix Ukraine Scheme of the immigration rules; or
b
outside the immigration rules, where the person—
i
was residing in Ukraine immediately before 1 January 2022; and
ii
left Ukraine in connection with the Russian invasion which took place on 24 February 2022;

Amendment to regulation 6I1313

In regulation 6—

a

in paragraph (2)(b)—

i

for paragraph (i) substitute—

i
in paragraphs 2, 2A, 3, 4, 4ZA, 4ZB, 4ZC, 5, 6A, 8A, 9A, 9B, 9BA, 9C, 9D, 10A, 11A and 12A of Part 2 of Schedule 1, or

ii

for paragraph (ii) substitute—

ii
in paragraphs 6, 7, 8, 9, 10, 11 and 12 of Part 2 of Schedule 1, where paragraph (2A) applies.

b

after paragraph (10F) insert—

10G
Where—
a
the Welsh Ministers determined, that by virtue of being a protected Ukrainian national, 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
as at the day before the academic year in respect of which A is applying for support begins, the period for which A is allowed to stay in the United Kingdom as a protected Ukrainian national has expired and no further leave to enter or remain has been granted,
Aʼs status as an eligible student terminates immediately before the first day of the academic year in respect of which A is applying for support.

Amendment to Schedule 1I1414

In Schedule 1, after paragraph 4ZB insert—

Protected Ukrainian nationals4ZC
A person who—
a
is a protected Ukrainian national;
b
has been ordinarily resident in the United Kingdom and Islands throughout the period since becoming a protected Ukrainian national; and
c
is ordinarily resident in Wales on the first day of the first academic year of the course.

PART 4Amendments to the Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015

IntroductionI1515

The Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 20157 are amended in accordance with this Part.

Amendment to regulation 4I1616

In regulation 4(9)(a), after “4B,” insert “4C,”.

Amendments to the ScheduleI1717

In the Schedule—

a

in paragraph 1(1), at the appropriate place insert—

“protected Ukrainian national” (“gwladolyn Wcreinaidd a ddiogelir”) means a person granted leave to enter or remain in the United Kingdom—
a
under paragraph 9.1 (Ukraine Family Scheme), 19.1 (Homes for Ukraine Sponsorship Scheme) or 27.1 (Ukraine Extension Scheme) of Appendix Ukraine Scheme of the immigration rules; or
b
outside the immigration rules, where the person—
i
was residing in Ukraine immediately before 1 January 2022; and
ii
left Ukraine in connection with the Russian invasion which took place on 24 February 2022;

b

after paragraph 4B insert—

Protected Ukrainian nationals4C
A person who—
a
is a protected Ukrainian national;
b
has been ordinarily resident in the United Kingdom and Islands throughout the period since becoming a protected Ukrainian national; and
c
is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.

PART 5Amendments to the Education (Student Support) (Wales) Regulations 2017

IntroductionI1818

The Education (Student Support) (Wales) Regulations 20178 are amended in accordance with this Part.

Amendment to regulation 2I1919

In regulation 2(1), at the appropriate place insert—

“protected Ukrainian national” (“gwladolyn Wcreinaidd a ddiogelir”) means a person granted leave to enter or remain in the United Kingdom—
a
under paragraph 9.1 (Ukraine Family Scheme), 19.1 (Homes for Ukraine Sponsorship Scheme) or 27.1 (Ukraine Extension Scheme) of Appendix Ukraine Scheme of the immigration rules; or
b
outside the immigration rules, where the person—
i
was residing in Ukraine immediately before 1 January 2022; and
ii
left Ukraine in connection with the Russian invasion which took place on 24 February 2022;

Amendment to regulation 4I2020

In regulation 4—

a

in paragraph (2)(a), after “4ZB,” insert “4ZC,”;

b

after paragraph (10E) insert—

10F
Where—
a
the Welsh Ministers have determined that by virtue of being a protected Ukrainian national, 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 or other designated course from which A’s status as an eligible part-time 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 is allowed to stay in the United Kingdom as a protected Ukrainian national has expired and no further leave to enter or remain has been granted,
Aʼs 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.

Amendment to regulation 15I2121

In regulation 15, after paragraph (bb) insert—

bc
the student becomes a protected Ukrainian national;

Amendment to regulation 23I2222

In regulation 23—

a

in paragraph (12), after sub-paragraph (bb) insert—

bc
the student becomes a protected Ukrainian national;

b

omit paragraph (17).

Amendment to regulation 26I2323

In regulation 26(1), after “attendance on” insert “or undertaking of”.

Amendment to regulation 27I2424

In regulation 27(1), after “attendance on” insert “or undertaking of”.

Amendment of regulation 28I2525

In regulation 28(1), after “attendance on” insert “or undertaking of”.

Amendment to regulation 49I2626

In regulation 49(2), after sub-paragraph (bb) insert—

bc
the student becomes a protected Ukrainian national;

Amendment to regulations 81 and 82

I2727

In regulation 81—

a

in paragraph (2)(a), after “4ZB,” insert “4ZC,”;

b

after paragraph (10E) insert—

10F
Where—
a
the Welsh Ministers determined that, by virtue of being a protected Ukrainian national, 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 or other designated part-time course from which A’s status as an eligible part-time student or eligible 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 is allowed to stay in the United Kingdom as a protected Ukrainian national has expired and no further leave to enter or remain has been granted,
Aʼs 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.

I2828

In regulation 82(4), after sub-paragraph (bb) insert—

bc
the student becomes a protected Ukrainian national;

Amendment to regulation 91I2929

In regulation 91(1), after “attendance on” insert “or undertaking of”.

Amendment to regulation 92I3030

In regulation 92(1), after “attendance on” insert “or undertaking of”.

Amendment to regulation 93I3131

In regulation 93(1), after “attendance on” insert “or undertaking of”.

Amendment to regulations 110 and 111

I3232

In regulation 110—

a

in paragraph (3)(a)(i), after “4ZB,” insert “4ZC,”;

b

after paragraph (12E) insert—

12F
Where—
a
the Welsh Ministers have determined that, by virtue of being a protected Ukrainian national, 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 for support 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 begins, the period for which A is allowed to stay in the United Kingdom as a protected Ukrainian national has expired and no further leave to enter or remain has been granted,
Aʼs status as an eligible postgraduate student terminates immediately before the first day of the academic year in respect of which A is applying for support.

I3333

After regulation 111(2)(bb) insert—

bc
the student becomes a protected Ukrainian national;

Amendment to Schedule 1I3434

In Schedule 1, after paragraph 4ZB insert—

Protected Ukrainian nationals4ZC
A person who—
a
is a protected Ukrainian national;
b
has been ordinarily resident in the United Kingdom and Islands throughout the period since becoming a protected Ukrainian national; and
c
is ordinarily resident in Wales on the first day of the first academic year of the course.

Amendment to Schedule 4I3535

In Schedule 4, paragraph 6, after sub-paragraph (ab) insert—

ac
the student becomes a protected Ukrainian national;

PART 6Amendments to the Education (Student Support) (Wales) Regulations 2018

IntroductionI3636

The Education (Student Support) (Wales) Regulations 20189 are amended in accordance with this Part.

Amendment to regulation 9I3737

In regulation 9(1)(a)(i), after “2ZB,” insert “2ZC,”.

Amendment to regulation 12I3838

In regulation 12(1), for “23E or 23F” substitute “23E, 23F or 23G”.

Insertion of new regulation 23GI3939

After regulation 23F insert—

23G
1
This regulation applies where—
a
a person (“P”) was an eligible student as a result of being a protected Ukrainian national (see Schedule 2, paragraph 2ZC) 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 P is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted.
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.

Amendment to regulation 69I4040

In regulation 69, in paragraph (2), omit Exception 5.

Amendment to regulation 80I4141

In regulation 80—

a

in paragraph (2)(b), after paragraph (ic) insert—

id
the student becomes a protected Ukrainian national;

b

in paragraph (3), at the appropriate place insert ““protected Ukrainian national” (“gwladolyn Wcreinaidd a ddiogelir”);”.

Amendment to regulation 81I4242

In regulation 81(3)(b), after paragraph (ic) insert—

id
the student becomes a protected Ukrainian national;

Amendment to Schedule 2I4343

In Schedule 2, after paragraph 2ZB insert—

Category 2ZC – Protected Ukrainian nationals2ZC
1
A person who—
a
is a protected Ukrainian national,
b
has been ordinarily resident in the United Kingdom and Islands throughout the period since becoming a protected Ukrainian national, and
c
is ordinarily resident in Wales on the first day of the first academic year of the course.
2
In this paragraph, “protected Ukrainian national” means a person granted leave to enter or remain in the United Kingdom—
a
under paragraph 9.1 (Ukraine Family Scheme), 19.1 (Homes for Ukraine Sponsorship Scheme) or 27.1 (Ukraine Extension Scheme) of Appendix Ukraine Scheme of the immigration rules, or
b
outside the immigration rules, where the person—
i
was residing in Ukraine immediately before 1 January 2022, and
ii
left Ukraine in connection with the Russian invasion which took place on 24 February 2022.

Amendment to Schedule 4I4444

In Schedule 4—

a

in paragraph 4(1)(a)(i), after “2ZB,” insert “2ZC,”;

b

after paragraph 13F insert—

13G
1
This paragraph applies where—
a
a person (“P”) was an eligible postgraduate student by reason of them being a protected Ukrainian national (see Schedule 2, paragraph 2ZC) 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 P is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted.
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 support.

c

in paragraph 14—

i

in sub-paragraph (3)(b), after paragraph (ic) insert—

id
the student becomes a protected Ukrainian national;

ii

in sub-paragraph (4), at the appropriate place insert ““protected Ukrainian national” (“gwladolyn Wcreinaidd a ddiogelir”);”.

Amendment to Schedule 7I4545

In Schedule 7, in Table 16, at the appropriate place insert the following table entry—

“protected Ukrainian national”
Schedule 2, paragraph 2ZC(2)

PART 7Amendments to the Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 2018

IntroductionI4646

The Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 201810 are amended in accordance with this Part.

Amendments to regulations 2, 3 and 8

I4747

In regulation 2(1), at the appropriate place insert—

“protected Ukrainian national” (“gwladolyn Wcreinaidd a ddiogelir”) means a person granted leave to enter or remain in the United Kingdom—
a
under paragraph 9.1 (Ukraine Family Scheme), 19.1 (Homes for Ukraine Sponsorship Scheme) or 27.1 (Ukraine Extension Scheme) of Appendix Ukraine Scheme of the immigration rules; or
b
outside the immigration rules, where the person—
i
was residing in Ukraine immediately before 1 January 2022; and
ii
left Ukraine in connection with the Russian invasion which took place on 24 February 2022;

I4848

In regulation 3(2)(a), after “4B,” insert “4C,”.

I4949

In regulation 8, after paragraph (bc) insert—

bd
the student becomes a protected Ukrainian national;

Amendment to Schedule 1I5050

In Schedule 1, after paragraph 4B insert—

Protected Ukrainian nationals4C
A person who—
a
is a protected Ukrainian national;
b
has been ordinarily resident in the United Kingdom and Islands throughout the period since becoming a protected Ukrainian national; and
c
is ordinarily resident in Wales on the first day of the first academic year of the course.

PART 8Amendments to the Education (Student Support) (Postgraduate Master’s Degrees) (Wales) Regulations 2019

IntroductionI5151

The Education (Student Support) (Postgraduate Master’s Degrees) (Wales) Regulations 201911 are amended in accordance with this Part.

Amendments to regulations 9 and 16

I5252

In regulation 9(1)(a)(i) after “2B,” insert “2C,”.

I5353

In regulation 16—

a

in paragraph (1)(b), after paragraph (ia) insert—

ib
the student becomes a protected Ukrainian national;

b

in paragraph (2), at the appropriate place insert ““protected Ukrainian national” (“gwladolyn Wcreinaidd a ddiogelir”);”.

Amendment to Schedule 2I5454

In Schedule 2, after paragraph 2B insert—

Category 2C – Protected Ukrainian nationals2C
1
A person who—
a
is a protected Ukrainian national,
b
has been ordinarily resident in the United Kingdom and Islands throughout the period since becoming a protected Ukrainian national, and
c
is ordinarily resident in Wales on the first day of the first academic year of the course.
2
In this paragraph, “protected Ukrainian national” means a person granted leave to enter or remain in the United Kingdom—
a
under paragraph 9.1 (Ukraine Family Scheme), 19.1 (Homes for Ukraine Sponsorship Scheme) or 27.1 (Ukraine Extension Scheme) of Appendix Ukraine Scheme of the immigration rules, or
b
outside the immigration rules, where the person—
i
was residing in Ukraine immediately before 1 January 2022, and
ii
left Ukraine in connection with the Russian invasion which took place on 24 February 2022.

Amendment to Schedule 4I5555

In Schedule 4, in Table 3, at the appropriate place insert the following table entry—

“protected Ukrainian national”
Schedule 2, paragraph 2C(2)

Jeremy MilesMinister for Education and Welsh Language, one of the Welsh Ministers5 July 2022

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend:

a

the Education (Fees and Awards) (Wales) Regulations 2007 (see Part 2 of the Regulations),

b

the Education (European University Institute) (Wales) Regulations 2014 (see Part 3 of the Regulations),

c

the Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015 (see Part 4 of the Regulations),

d

the Education (Student Support) (Wales) Regulations 2017 (see Part 5 of the Regulations),

e

the Education (Student Support) (Wales) Regulations 2018 (see Part 6 of the Regulations),

f

the Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 2018 (see Part 7 of the Regulations), and

g

the Education (Student Support) (Postgraduate Master’s Degrees) (Wales) Regulations 2019 (see Part 8 of the Regulations).

The amendments made by these Regulations principally relate to Ukrainian nationals and their family members granted leave to enter or remain in the United Kingdom by virtue of the Ukraine Family Scheme, the Homes for Ukraine Sponsorship Scheme, the Ukraine Extension Scheme or who have leave outside the immigration rules in connection with the Russian invasion of Ukraine (“protected Ukrainian nationals”).

The amendments made in Part 2 of the Regulations provide for protected Ukrainian nationals to be treated as home students for the purpose of the Education (Fees and Awards) (Wales) Regulations 2007.

Part 4 of the Regulations amends the Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015 to provide for the tuition fee limit to apply to protected Ukrainian nationals.

Part 3 and Parts 5 to 8 amend the student support Regulations specified by making protected Ukrainian nationals eligible for student support, subject to them meeting all other requirements.

Parts 5 and 6 also make amendments to the student support Regulations to remove the existing restriction preventing distance learning students from qualifying for grants for dependants.

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