The Education (Student Finance) (Ukrainian Nationals and Family Members) (Miscellaneous Amendments) (Wales) Regulations 2022
PART 1Title, commencement and application
Title and commencement
1.
The title of these Regulations is the Education (Student Finance) (Ukrainian Nationals and Family Members) (Miscellaneous Amendments) (Wales) Regulations 2022.
2.
These Regulations come into force on 24 July 2022.
Application
3.
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
Introduction
4.
Amendments to regulations 4 to 8
5.
In regulation 4(1)(a), after “4B,” insert “4C,”
.
6.
In regulation 5(1)—
(a)
in sub-paragraph (b)(i), after “4B,” insert “4C,”
;
(b)
in sub-paragraph (c)(i), after “4B,” insert “4C,”
.
7.
In regulation 6—
(a)
in paragraph (2)(a), after “4B,” insert “4C,”
;
(b)
in paragraph (3)(a), after “4B,” insert “4C,”
.
8.
In regulation 7—
(a)
in paragraph (2)(a), after “4B,” insert “4C,”
;
(b)
in paragraph (3)(a), after “4B,” insert “4C,”
.
9.
In regulation 8—
(a)
in paragraph (1)(a), after “4B,” insert “4C,”
;
(b)
in paragraph (2)(a), after “4B,” insert “4C,”
.
Amendment to the Schedule
10.
In the Schedule—
(a)
““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)
“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
Introduction11.
Amendment to regulation 312.
““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 613.
In regulation 6—
(a)
in paragraph (2)(b)—
(i)
“(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)
“(ii)
in paragraphs 6, 7, 8, 9, 10, 11 and 12 of Part 2 of Schedule 1, where paragraph (2A) applies.”;
(b)
“(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 114.
“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
Introduction15.
Amendment to regulation 416.
In regulation 4(9)(a), after “4B,” insert “4C,”
.
Amendments to the Schedule17.
In the Schedule—
(a)
““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)
“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
Introduction
18.
Amendment to regulation 2
19.
““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 4
20.
In regulation 4—
(a)
in paragraph (2)(a), after “4ZB,” insert “4ZC,”
;
(b)
“(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 15
21.
“(bc)
the student becomes a protected Ukrainian national;”.
Amendment to regulation 23
22.
In regulation 23—
(a)
“(bc)
the student becomes a protected Ukrainian national;”;
(b)
omit paragraph (17).
Amendment to regulation 26
23.
In regulation 26(1), after “attendance on” insert “or undertaking of”
.
Amendment to regulation 27
24.
In regulation 27(1), after “attendance on” insert “or undertaking of”
.
Amendment of regulation 28
25.
In regulation 28(1), after “attendance on” insert “or undertaking of”
.
Amendment to regulation 49
26.
“(bc)
the student becomes a protected Ukrainian national;”.
Amendment to regulations 81 and 82
27.
In regulation 81—
(a)
in paragraph (2)(a), after “4ZB,” insert “4ZC,”
;
(b)
“(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.”
28.
“(bc)
the student becomes a protected Ukrainian national;”.
Amendment to regulation 91
29.
In regulation 91(1), after “attendance on” insert “or undertaking of”
.
Amendment to regulation 92
30.
In regulation 92(1), after “attendance on” insert “or undertaking of”
.
Amendment to regulation 93
31.
In regulation 93(1), after “attendance on” insert “or undertaking of”
.
Amendment to regulations 110 and 111
32.
In regulation 110—
(a)
in paragraph (3)(a)(i), after “4ZB,” insert “4ZC,”
;
(b)
“(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.”
33.
“(bc)
the student becomes a protected Ukrainian national;”.
Amendment to Schedule 1
34.
“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 4
35.
“(ac)
the student becomes a protected Ukrainian national;”.
PART 6Amendments to the Education (Student Support) (Wales) Regulations 2018
Introduction36.
Amendment to regulation 937.
In regulation 9(1)(a)(i), after “2ZB,” insert “2ZC,”
.
Amendment to regulation 1238.
In regulation 12(1), for “23E or 23F” substitute “23E, 23F or 23G”
.
Insertion of new regulation 23G39.
“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 6940.
In regulation 69, in paragraph (2), omit Exception 5.
Amendment to regulation 8041.
In regulation 80—
(a)
“(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 8142.
“(id)
the student becomes a protected Ukrainian national;”.
Amendment to Schedule 243.
“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 444.
In Schedule 4—
(a)
in paragraph 4(1)(a)(i), after “2ZB,” insert “2ZC,”
;
(b)
“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)
“(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 745.
““protected Ukrainian national”
Schedule 2, paragraph 2ZC(2)”
PART 7Amendments to the Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 2018
Introduction
46.
Amendments to regulations 2, 3 and 8
47.
““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;”.
48.
In regulation 3(2)(a), after “4B,” insert “4C,”
.
49.
“(bd)
the student becomes a protected Ukrainian national;”.
Amendment to Schedule 1
50.
“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
Introduction
51.
Amendments to regulations 9 and 16
52.
In regulation 9(1)(a)(i) after “2B,” insert “2C,”
.
53.
In regulation 16—
(a)
“(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 2
54.
“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 4
55.
““protected Ukrainian national”
Schedule 2, paragraph 2C(2)”
These Regulations amend:
the Education (Fees and Awards) (Wales) Regulations 2007 (see Part 2 of the Regulations),
the Education (European University Institute) (Wales) Regulations 2014 (see Part 3 of the Regulations),
the Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015 (see Part 4 of the Regulations),
the Education (Student Support) (Wales) Regulations 2017 (see Part 5 of the Regulations),
the Education (Student Support) (Wales) Regulations 2018 (see Part 6 of the Regulations),
the Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 2018 (see Part 7 of the Regulations), and
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.