The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2025

Welsh Statutory Instruments

2025 No. 16 (W. 6)

Education, Wales

The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2025

Made

8 January 2025

Laid before Senedd Cymru

10 January 2025

Coming into force

Regulations 1 to 8, 10 to 18, 21 to 32, 34 to 47 and 49 to 51

3 February 2025

Regulations 9, 19, 20, 33 and 48

6 April 2025

The Welsh Ministers make the following Regulations in exercise of the powers conferred upon the Secretary of State by sections 1 and 2 of the Education (Fees and Awards) Act 1983(1) and sections 22(1)(a) and (2)(a) and (c), and 42(6) of the Teaching and Higher Education Act 1998(2), and now exercisable by them(3), and powers conferred on them under sections 5(5)(b) and 55(2) of the Higher Education (Wales) Act 2015(4).

PART 1 E+W Title, coming into force and application

Title and coming into force E+W

1.—(1) The title of these Regulations is the Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2025.

(2) These Regulations come into force on 3 February 2025, subject to paragraph (3).

(3) Regulations 9, 19, 20, 33 and 48 (amendments relating to non-domiciled status) come into force on 6 April 2025.

Commencement Information

I1 Reg. 1 in force at 3.2.2025, see reg. 1(2)

Application E+W

2.—(1) The following regulations apply in relation to the provision of support, and to fees and awards applicable, in relation to an academic year which begins on or after 1 August 2025, whether or not anything done under these Regulations is done before, on or after that date—

(a) regulations 6, 13, 16, 17, 18, 25, 26, 27, 28, 29, 38, 39, 46 and 47 (students settled in the United Kingdom during the academic year);

(b) regulations 31 and 32 (amendments to grant for travel – care leavers).

(2) Regulations 5, 12, 24, 37 and 45 (British citizens of Chagossian descent) apply in relation to the provision of support, and to fees and awards applicable, in relation to an academic year which begins on or after 1 August 2025 in respect of a course which began on or after 1 August 2023, whether or not anything done under these Regulations is done before, on or after 1 August 2025.

Commencement Information

I2 Reg. 2 in force at 3.2.2025, see reg. 1(2)

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

CHAPTER 1 E+W Introduction

3.  The Education (Fees and Awards) (Wales) Regulations 2007(5) are amended in accordance with this Part. E+W

Commencement Information

I3 Reg. 3 in force at 3.2.2025, see reg. 1(2)

CHAPTER 2 E+W Amendment relating to Ukraine schemes

4.  In the Schedule, in paragraph 1, in the definition of “protected Ukrainian national”, for paragraph (a) (but not the “or” after it) substitute— E+W

“(a) under Appendix Ukraine Scheme of the immigration rules, by virtue of any of the following schemes—

(i) the Ukraine Family Scheme(6);

(ii) the Homes for Ukraine Sponsorship Scheme(7);

(iii) the Ukraine Extension Scheme(8);

(iv) the Ukraine Permission Extension Scheme(9);”.

Commencement Information

I4 Reg. 4 in force at 3.2.2025, see reg. 1(2)

CHAPTER 3 E+W British citizens of Chagossian descent

5.  In the Schedule, in paragraph 9C— E+W

(a) in sub-paragraph (1)—

(i) at the beginning insert “Subject to sub-paragraphs (3) and (4), ”;

(ii) after paragraph (a)(i) omit “or”;

(iii) after paragraph (a)(ii) insert—

“or

(iii) a British citizen who—

(aa) was born in the British Indian Ocean Territory or, before 8 November 1965, in those islands designated as the British Indian Ocean Territory on that date; or

(bb) is a direct descendant of a person who was born in the British Indian Ocean Territory or, before 8 November 1965, in those islands designated as the British Indian Ocean Territory on that date;”;

(b) after sub-paragraph (2) insert—

“(3) For the purposes of paragraphs (c) and (d) of sub-paragraph (1), a person mentioned in paragraph (a)(iii) of sub-paragraph (1) is treated as being ordinarily resident in the specified British overseas territories in any period before the first day of the first academic year of the course in which they are not ordinarily resident in the United Kingdom or the Islands.

(4) Paragraph (e) of sub-paragraph (1) does not apply to a person mentioned in paragraph (a)(iii) of that sub-paragraph.”

Commencement Information

I5 Reg. 5 in force at 3.2.2025, see reg. 1(2)

CHAPTER 4 E+W Students settled in the United Kingdom during the academic year

6.  In the Schedule— E+W

(a) in paragraph 2(1), omit “on the first day of the first academic year of the course”;

(b) in paragraph 2(1)(b), at the end insert “on the first day of the first academic year of the course”;

(c) in paragraph 2A(1)(a), omit “on the day on which the first term of the first academic year actually begins”;

(d) in paragraph 9C(1)(a)(i), omit “on the first day of the first academic year of the course”.

Commencement Information

I6 Reg. 6 in force at 3.2.2025, see reg. 1(2)

F1 PART 3 E+W Amendments to the Education (European University Institute) (Wales) Regulations 2014

Textual Amendments

F1 Pt. 3 omitted (with application in accordance with reg. 2 of the amending S.I.) by virtue of The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2026 (W.S.I. 2026/3), regs. 1(2), 2, 10(m)

CHAPTER 1 E+W Introduction

7.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

CHAPTER 2 E+W Amendment relating to Ukraine schemes

8.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

CHAPTER 3 E+W Amendment relating to non-domiciled status

9.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

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

CHAPTER 1 E+W Introduction

10.  The Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015(10) are amended in accordance with this Part. E+W

Commencement Information

I7 Reg. 10 in force at 3.2.2025, see reg. 1(2)

CHAPTER 2 E+W Amendment relating to Ukraine schemes

11.  In the Schedule, in paragraph 1(1), in the definition of “protected Ukrainian national”, for paragraph (a) (but not the “or” after it) substitute— E+W

“(a) under Appendix Ukraine Scheme of the immigration rules, by virtue of any of the following schemes—

(i) the Ukraine Family Scheme(11);

(ii) the Homes for Ukraine Sponsorship Scheme(12);

(iii) the Ukraine Extension Scheme(13);

(iv) the Ukraine Permission Extension Scheme(14);”.

Commencement Information

I8 Reg. 11 in force at 3.2.2025, see reg. 1(2)

CHAPTER 3 E+W British citizens of Chagossian descent

12.  In the Schedule, in paragraph 9C— E+W

(a) in sub-paragraph (1)—

(i) at the beginning insert “Subject to sub-paragraphs (3) and (4), ”;

(ii) after paragraph (a)(i) omit “or”;

(iii) after paragraph (a)(ii) insert—

“or

(iii) a British citizen who—

(aa) was born in the British Indian Ocean Territory or, before 8 November 1965, in those islands designated as the British Indian Ocean Territory on that date; or

(bb) is a direct descendant of a person who was born in the British Indian Ocean Territory or, before 8 November 1965, in those islands designated as the British Indian Ocean Territory on that date;”;

(b) after sub-paragraph (2) insert—

“(3) For the purposes of paragraphs (c) and (d) of sub-paragraph (1), a person mentioned in paragraph (a)(iii) of sub-paragraph (1) is treated as being ordinarily resident in the specified British overseas territories in any period before the first day of the first academic year of the course in which they are not ordinarily resident in the United Kingdom or the Islands.

(4) Paragraph (e) of sub-paragraph (1) does not apply to a person mentioned in paragraph (a)(iii) of that sub-paragraph.”

Commencement Information

I9 Reg. 12 in force at 3.2.2025, see reg. 1(2)

CHAPTER 4 E+W Students settled in the United Kingdom during the academic year

13.  In the Schedule— E+W

(a) in paragraph 2(1), omit “on the first day of the first academic year of the course”;

(b) in paragraph 2(1)(b), at the end insert “on the first day of the first academic year of the course”;

(c) in paragraph 2A(1)(a), omit “on the day on which the first term of the first academic year actually begins”;

(d) in paragraph 9C(1)(a)(i), omit “on the first day of the first academic year of the course”.

Commencement Information

I10 Reg. 13 in force at 3.2.2025, see reg. 1(2)

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

CHAPTER 1 E+W Introduction

14.  The Education (Student Support) (Wales) Regulations 2017(15) are amended in accordance with this Part. E+W

Commencement Information

I11 Reg. 14 in force at 3.2.2025, see reg. 1(2)

CHAPTER 2 E+W Amendment relating to Ukraine schemes

15.  In regulation 2(1), in the definition of “protected Ukrainian national”, for paragraph (a) (but not the “or” after it) substitute— E+W

“(a) under Appendix Ukraine Scheme of the immigration rules, by virtue of any of the following schemes—

(i) the Ukraine Family Scheme(16);

(ii) the Homes for Ukraine Sponsorship Scheme(17);

(iii) the Ukraine Extension Scheme(18);

(iv) the Ukraine Permission Extension Scheme(19);”.

Commencement Information

I12 Reg. 15 in force at 3.2.2025, see reg. 1(2)

CHAPTER 3 E+W Students settled in the United Kingdom during the academic year

16.  In each of regulations 15(e) and 82(4)(f), and paragraph 6(d) of Schedule 4, for “paragraph 3(1)(a)” substitute “paragraph 2(1)(a), 2A(1)(a) or 3(1)(a)”. E+W

Commencement Information

I13 Reg. 16 in force at 3.2.2025, see reg. 1(2)

17.  In each of regulations 23(12)(d), 49(2)(d) and 111(2)(d), for “paragraph 3(1)(a)” substitute “paragraph 2(1)(a) or 3(1)(a)”. E+W

Commencement Information

I14 Reg. 17 in force at 3.2.2025, see reg. 1(2)

18.  In Schedule 1 (eligible students)— E+W

(a) in paragraph 2(1), omit “on the first day of the first academic year of the course”;

(b) in paragraph 2(1)(b), at the end insert “on the first day of the first academic year of the course”;

(c) in paragraph 2A(1)(a), omit “on the day on which the first term of the first academic year actually begins”.

Commencement Information

I15 Reg. 18 in force at 3.2.2025, see reg. 1(2)

CHAPTER 4 E+W Amendments relating to non-domiciled status

19.  In Schedule 5 (financial assessment), in paragraph 5(6)(a), omit “or domiciled” in the first place it occurs. E+W

Commencement Information

I16 Reg. 19 in force at 6.4.2025, see reg. 1(3)

20.  In Schedule 6 (financial assessment – part-time grants for dependants), in paragraph 4(6)(a), for “A is not resident, ordinarily resident or domiciled in the United Kingdom” substitute “A is not resident or ordinarily resident in the United Kingdom”. E+W

Commencement Information

I17 Reg. 20 in force at 6.4.2025, see reg. 1(3)

CHAPTER 5 E+W Corrections

21.  In each of regulations 4(10F)(b), 81(10F)(b) and 110(12F)(b), after “protected Ukrainian national” insert “is allowed to stay in the United Kingdom”. E+W

Commencement Information

I18 Reg. 21 in force at 3.2.2025, see reg. 1(2)

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

CHAPTER 1 E+W Introduction

22.  The Education (Student Support) (Wales) Regulations 2018(20) are amended in accordance with this Part. E+W

Commencement Information

I19 Reg. 22 in force at 3.2.2025, see reg. 1(2)

CHAPTER 2 E+W Amendment relating to Ukraine schemes

23.  In Schedule 2 (categories of eligible student), in paragraph 2ZC(2), for paragraph (a) (but not the “or” after it) substitute— E+W

“(a) under Appendix Ukraine Scheme of the immigration rules, by virtue of any of the following schemes—

(i) the Ukraine Family Scheme(21);

(ii) the Homes for Ukraine Sponsorship Scheme(22);

(iii) the Ukraine Extension Scheme(23);

(iv) the Ukraine Permission Extension Scheme(24),”.

Commencement Information

I20 Reg. 23 in force at 3.2.2025, see reg. 1(2)

CHAPTER 3 E+W British citizens of Chagossian descent

24.  In Schedule 2 (categories of eligible student), in paragraph 6BB— E+W

(a) in sub-paragraph (1)—

(i) at the beginning insert “Subject to sub-paragraphs (3) and (4), ”;

(ii) in paragraph (a), the words from “settled” to the end become sub-paragraph (i);

(iii) after that sub-paragraph (i) insert—

“or

(ii) a British citizen who—

(aa) was born in the British Indian Ocean Territory or, before 8 November 1965, in those islands designated as the British Indian Ocean Territory on that date, or

(bb) is a direct descendant of a person who was born in the British Indian Ocean Territory or, before 8 November 1965, in those islands designated as the British Indian Ocean Territory on that date,”;

(b) after sub-paragraph (2) insert—

“(3) For the purposes of paragraphs (c) and (d) of sub-paragraph (1), a person mentioned in paragraph (a)(ii) of sub-paragraph (1) is treated as being ordinarily resident in the specified British overseas territories in any period before the first day of the first academic year of the course in which they are not ordinarily resident in the United Kingdom or the Islands.

(4) Paragraphs (e) and (f) of sub-paragraph (1) do not apply to a person mentioned in paragraph (a)(ii) of that sub-paragraph.”

Commencement Information

I21 Reg. 24 in force at 3.2.2025, see reg. 1(2)

CHAPTER 4 E+W Students settled in the United Kingdom during the academic year

25.  In regulation 80(2)(b)(iv), for “paragraph 1(2)(a)” substitute “paragraph 1(1)(a), (2)(a) or (3)(a), or 6BB”. E+W

Commencement Information

I22 Reg. 25 in force at 3.2.2025, see reg. 1(2)

26.  In regulation 81(3)(b)(iii), for “paragraph 1(2)(a)” substitute “paragraph 1(1)(a) or (2)(a)”. E+W

Commencement Information

I23 Reg. 26 in force at 3.2.2025, see reg. 1(2)

27.  In Schedule 2 (categories of eligible student)— E+W

(a) in paragraph 1(1)(a), omit “on the first day of the first academic year of the course”;

(b) in paragraph 1(1)(a)(ii), at the end insert “on the first day of the first academic year of the course”;

(c) in paragraph 1(3)(a), omit “on the day on which the first term of the first academic year actually begins”;

(d) in paragraph 6BB(1)(a)(i) (as renumbered by regulation 24(a)(ii) of these Regulations), omit “on the first day of the first academic year of the course”.

Commencement Information

I24 Reg. 27 in force at 3.2.2025, see reg. 1(2)

28.  In Schedule 4 (disabled postgraduate student’s grant), in paragraph 14(3)(b)(iii), for “paragraph 1(2)(a)” substitute “paragraph 1(1)(a) or (2)(a)”. E+W

Commencement Information

I25 Reg. 28 in force at 3.2.2025, see reg. 1(2)

29.  In Schedule 5 (Oxbridge college fee loans), in paragraph 4(2)(d), for “paragraph 1(2)(a)” substitute “paragraph 1(1)(a), (2)(a) or (3)(a), or 6BB”. E+W

Commencement Information

I26 Reg. 29 in force at 3.2.2025, see reg. 1(2)

CHAPTER 5 E+W Amendment to disabled student’s grant – sandwich years

30.  In regulation 62 (qualifying conditions for disabled student’s grant), in paragraph (2), in Exception 6, at the end insert— E+W

“But this exception does not apply in respect of a disabled student’s grant so far as it relates to the provision of technical support, repairs or replacement in respect of equipment belonging to the student, where—

(a) that equipment was—

(i) funded wholly or partly by a disabled student’s grant, or

(ii) approved by the Welsh Ministers for use by the student for the purposes of a disabled student’s grant, and

(b) the disabled student’s grant referred to in paragraph (a) was approved in respect of—

(i) a previous academic year of the present course, or

(ii) an academic year of a previous course, where the student has received confirmation from the Welsh Ministers that that grant will be transferred to the present course.”

Commencement Information

I27 Reg. 30 in force at 3.2.2025, see reg. 1(2)

CHAPTER 6 E+W Amendments to grant for travel – care leavers

31.  In regulation 65 (grant for travel for medical students), in paragraph (3), in Step 2, after “year”, in the first place it occurs, insert “or the eligible student is a care leaver within the meaning given by regulation 49”. E+W

Commencement Information

I28 Reg. 31 in force at 3.2.2025, see reg. 1(2)

32.  In regulation 66 (grant for travel for study or work overseas), in paragraph (2), in the definition of Y, in paragraph (a), at the end insert “or the eligible student is a care leaver within the meaning given by regulation 49”. E+W

Commencement Information

I29 Reg. 32 in force at 3.2.2025, see reg. 1(2)

CHAPTER 7 E+W Amendment relating to non-domiciled status

33.  In Schedule 3 (calculation of income), in paragraph 18(2), in Reason 1, in paragraph (a), omit “or domiciled”. E+W

Commencement Information

I30 Reg. 33 in force at 6.4.2025, see reg. 1(3)

CHAPTER 8 E+W Corrections to the Welsh language text

34.  In the Welsh language text— E+W

(a) in Schedule 2, in paragraph 3—

(i) in sub-paragraph (2)(b), for “ddyddiad y cais i gael caniatâd i aros” substitute “ddyddiad y cais i gael caniatâd i ddod i mewn neu i aros”;

(ii) in sub-paragraph (3)(b), for “ddyddiad y cais i gael caniatâd i aros” substitute “ddyddiad y cais i gael caniatâd i ddod i mewn neu i aros”;

(iii) in sub-paragraph (5), for “dyddiad y cais i gael caniatâd i aros” substitute “dyddiad y cais i gael caniatâd i ddod i mewn neu i aros”;

(b) in Schedule 7, in paragraph 1, in Table 16, in the first column (ymadrodd), for “dyddiad y cais i gael caniatâd i aros” substitute “dyddiad y cais i gael caniatâd i ddod i mewn neu i aros”.

Commencement Information

I31 Reg. 34 in force at 3.2.2025, see reg. 1(2)

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

CHAPTER 1 E+W Introduction

35.  The Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 2018(25) are amended in accordance with this Part. E+W

Commencement Information

I32 Reg. 35 in force at 3.2.2025, see reg. 1(2)

CHAPTER 2 E+W Amendment relating to Ukraine schemes

36.  In regulation 2(1), in the definition of “protected Ukrainian national”, for paragraph (a) (but not the “or” after it) substitute— E+W

“(a) under Appendix Ukraine Scheme of the immigration rules, by virtue of any of the following schemes—

(i) the Ukraine Family Scheme(26);

(ii) the Homes for Ukraine Sponsorship Scheme(27);

(iii) the Ukraine Extension Scheme(28);

(iv) the Ukraine Permission Extension Scheme(29);”.

Commencement Information

I33 Reg. 36 in force at 3.2.2025, see reg. 1(2)

CHAPTER 3 E+W British citizens of Chagossian descent

37.  In Schedule 1 (eligible students), in paragraph 10BB— E+W

(a) in sub-paragraph (1)—

(i) at the beginning insert “Subject to sub-paragraphs (3) and (4), ”;

(ii) in paragraph (a), the words from “settled” to the end become sub-paragraph (i);

(iii) after that sub-paragraph (i) insert—

“or

(ii) a British citizen who—

(aa) was born in the British Indian Ocean Territory or, before 8 November 1965, in those islands designated as the British Indian Ocean Territory on that date; or

(bb) is a direct descendant of a person who was born in the British Indian Ocean Territory or, before 8 November 1965, in those islands designated as the British Indian Ocean Territory on that date;”;

(b) after sub-paragraph (2) insert—

“(3) For the purposes of paragraphs (c) and (d) of sub-paragraph (1), a person mentioned in paragraph (a)(ii) of sub-paragraph (1) is treated as being ordinarily resident in the specified British overseas territories in any period before the first day of the first academic year of the course in which they are not ordinarily resident in the United Kingdom or the Islands.

(4) Paragraphs (e) and (f) of sub-paragraph (1) do not apply to a person mentioned in paragraph (a)(ii) of that sub-paragraph.”

Commencement Information

I34 Reg. 37 in force at 3.2.2025, see reg. 1(2)

CHAPTER 4 E+W Students settled in the United Kingdom during the academic year

38.  In regulation 8(e), for “paragraph 3(1)(a)” substitute “paragraph 2(1)(a), 2A(1)(a), 3(1)(a) or 10BB”. E+W

Commencement Information

I35 Reg. 38 in force at 3.2.2025, see reg. 1(2)

39.  In Schedule 1 (eligible students)— E+W

(a) in paragraph 2(1), omit “on the first day of the first academic year of the course”;

(b) in paragraph 2(1)(b), at the end insert “on the first day of the first academic year of the course”;

(c) in paragraph 2A(1)(a), omit “on the day on which the first term of the first academic year actually begins”;

(d) in paragraph 10BB(1)(a)(i) (as renumbered by regulation 37(a)(ii) of these Regulations), omit “on the first day of the first academic year of the course”.

Commencement Information

I36 Reg. 39 in force at 3.2.2025, see reg. 1(2)

CHAPTER 5 E+W Amendments relating to the KESS 2 Scheme

40.  In regulation 2(1), omit the definition of “KESS 2 Scheme”. E+W

Commencement Information

I37 Reg. 40 in force at 3.2.2025, see reg. 1(2)

41.  In regulation 3(3)— E+W

(a) after sub-paragraph (k) insert “or”;

(b) omit sub-paragraph (m) and the “or” before it.

Commencement Information

I38 Reg. 41 in force at 3.2.2025, see reg. 1(2)

42.  In regulation 14— E+W

(a) in paragraph (8), omit sub-paragraph (e);

(b) in paragraph (11), omit sub-paragraph (e) and the “and” before it.

Commencement Information

I39 Reg. 42 in force at 3.2.2025, see reg. 1(2)

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

CHAPTER 1 E+W Introduction

43.  The Education (Student Support) (Postgraduate Master’s Degrees) (Wales) Regulations 2019(30) are amended in accordance with this Part. E+W

Commencement Information

I40 Reg. 43 in force at 3.2.2025, see reg. 1(2)

CHAPTER 2 E+W Amendment relating to Ukraine schemes

44.  In Schedule 2 (categories of eligible students), in paragraph 2C(2), for paragraph (a) (but not the “or” after it) substitute— E+W

“(a) under Appendix Ukraine Scheme of the immigration rules, by virtue of any of the following schemes—

(i) the Ukraine Family Scheme(31);

(ii) the Homes for Ukraine Sponsorship Scheme(32);

(iii) the Ukraine Extension Scheme(33);

(iv) the Ukraine Permission Extension Scheme(34),”.

Commencement Information

I41 Reg. 44 in force at 3.2.2025, see reg. 1(2)

CHAPTER 3 E+W British citizens of Chagossian descent

45.  In Schedule 2 (categories of eligible students), in paragraph 8BB— E+W

(a) in sub-paragraph (1)—

(i) at the beginning insert “Subject to sub-paragraphs (3) and (4), ”;

(ii) in paragraph (a), the words from “settled” to the end become sub-paragraph (i);

(iii) after that sub-paragraph (i) insert—

“or

(ii) a British citizen who—

(aa) was born in the British Indian Ocean Territory or, before 8 November 1965, in those islands designated as the British Indian Ocean Territory on that date, or

(bb) is a direct descendant of a person who was born in the British Indian Ocean Territory or, before 8 November 1965, in those islands designated as the British Indian Ocean Territory on that date,”;

(b) after sub-paragraph (2) insert—

“(3) For the purposes of paragraphs (c) and (d) of sub-paragraph (1), a person mentioned in paragraph (a)(ii) of sub-paragraph (1) is treated as being ordinarily resident in the specified British overseas territories in any period before the first day of the first academic year of the course in which they are not ordinarily resident in the United Kingdom or the Islands.

(4) Paragraphs (e) and (f) of sub-paragraph (1) do not apply to a person mentioned in paragraph (a)(ii) of that sub-paragraph.”

Commencement Information

I42 Reg. 45 in force at 3.2.2025, see reg. 1(2)

CHAPTER 4 E+W Students settled in the United Kingdom during the academic year

46.  In regulation 16(1)(b)(iv), for “paragraph 1(2)(a)” substitute “paragraph 1(1)(a), (2)(a) or (3)(a), or 8BB”. E+W

Commencement Information

I43 Reg. 46 in force at 3.2.2025, see reg. 1(2)

47.  In Schedule 2 (categories of eligible students)— E+W

(a) in paragraph 1(1)(a), omit “on the first day of the first academic year of the course”;

(b) in paragraph 1(1)(a)(ii), at the end insert “on the first day of the first academic year of the course”;

(c) in paragraph 1(3)(a), omit “on the day on which the first term of the first academic year actually begins”;

(d) in paragraph 8BB(1)(a)(i) (as renumbered by regulation 45(a)(ii) of these Regulations), omit “on the first day of the first academic year of the course”.

Commencement Information

I44 Reg. 47 in force at 3.2.2025, see reg. 1(2)

CHAPTER 5 E+W Amendment relating to non-domiciled status

48.  In Schedule 3 (calculation of income), in paragraph 18(2), in Reason 1, in paragraph (a), omit “or domiciled”. E+W

Commencement Information

I45 Reg. 48 in force at 6.4.2025, see reg. 1(3)

CHAPTER 6 E+W Amendments relating to the KESS 2 Scheme

49.  In regulation 10(1), in Exception 9, omit paragraph (e). E+W

Commencement Information

I46 Reg. 49 in force at 3.2.2025, see reg. 1(2)

50.  In Schedule 1, in paragraph 3(1), omit the definition of “KESS 2 Scheme”. E+W

Commencement Information

I47 Reg. 50 in force at 3.2.2025, see reg. 1(2)

51.  In Schedule 4, in paragraph 1, in Table 3, omit the entry for “KESS 2 Scheme”. E+W

Commencement Information

I48 Reg. 51 in force at 3.2.2025, see reg. 1(2)

Vikki Howells

Minister for Further and Higher Education, under authority of the Cabinet Secretary for Education, one of the Welsh Ministers

8 January 2025

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, which are in eight Parts, amend various Regulations which make provision about, and in connection with, student finance.

Part 1 makes provision about the coming into force and application of these Regulations.

Parts 2 to 8 make amendments to the following Regulations—

(a) Part 2 amends the Education (Fees and Awards) (Wales) Regulations 2007 (“the 2007 Regulations”),

(b) Part 3 amends the Education (European University Institute) (Wales) Regulations 2014 (“the 2014 Regulations”),

(c) Part 4 amends the Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015 (“the 2015 Regulations”),

(d) Part 5 amends the Education (Student Support) (Wales) Regulations 2017 (“the 2017 Regulations”),

(e) Part 6 amends the Education (Student Support) (Wales) Regulations 2018 (“the 2018 Regulations”),

(f) Part 7 amends the Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 2018 (“the Doctoral Degree Loan Regulations”), and

(g) Part 8 amends the Education (Student Support) (Postgraduate Master’s Degrees) (Wales) Regulations 2019 (“the 2019 Regulations”).

Amendments made by these Regulations—

(a) update the definition of a “protected Ukrainian national” in the 2007 Regulations, the 2014 Regulations, the 2015 Regulations, the 2017 Regulations, the 2018 Regulations, the Doctoral Degree Loan Regulations and the 2019 Regulations to include persons who are granted leave to remain in the United Kingdom under the new Ukraine Permission Extension Scheme, so that such persons are eligible for home fee status, the fee limits and student support,

(b) provide for certain categories of students in the 2007 Regulations, the 2015 Regulations, the 2017 Regulations, the 2018 Regulations, the Doctoral Degree Loan Regulations and the 2019 Regulations, which require a student to be settled in the United Kingdom, to become eligible for home fee status, the fee limits and student support when they acquire their settled status during an academic year,

(c) update the categories of students in the 2007 Regulations, the 2015 Regulations, the 2018 Regulations, the Doctoral Degree Loan Regulations and the 2019 Regulations, relating to persons settled in the United Kingdom from the British overseas territories, to provide for British citizens of Chagossian descent to satisfy the ordinary residence requirements under those categories, so that such persons are eligible for home fee status, the fee limits and student support,

(d) provide for students undertaking a sandwich year to qualify for a disabled student’s grant under the 2018 Regulations, so far as it relates to the provision of technical support, repairs or replacement in respect of equipment previously provided or approved for them under such a grant,

(e) provide for students who are care leavers to qualify for the lower deduction available when calculating the amount of grant for travel payable to them under the 2018 Regulations,

(f) omit references to domicile in provisions relating to the calculation or treatment of income under the 2014 Regulations, the 2017 Regulations, the 2018 Regulations and the 2019 Regulations, which will become redundant as a result of changes to the taxation of non-UK domiciled individuals from 6 April 2025,

(g) make corrections to the 2017 Regulations and the 2018 Regulations, in connection with amendments made to each of those Regulations by the Education (Student Finance) (Miscellaneous Amendments) (No. 3) (Wales) Regulations 2023, to clarify the extent of a particular period of time and to replace an erroneous term in the Welsh language text respectively, and

(h) omit redundant provisions relating to the KESS 2 Scheme in the Doctoral Degree Loan Regulations and the 2019 Regulations, which are redundant as a result of the closure of that scheme.

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 Strategy and Funding Division, Welsh Government, Cathays Park, Cardiff, CF10 3NQ.

(1)

1983 c. 40; section 1 was amended by the Education Reform Act 1988 (c. 40), Schedule 12, paragraph 91; the Further and Higher Education Act 1992 (c. 13), Schedule 8, paragraph 19; the Education Act 1994 (c. 30), Schedule 2, paragraph 7; the Education Act 1996 (c. 56), Schedule 37, paragraph 57; the Learning and Skills Act 2000 (c. 21), Schedule 9, paragraphs 1 and 11; the Education Act 2002 (c. 32), Schedule 21, paragraph 5 and Schedule 22; the Education Act 2005 (c. 18), Schedule 14, paragraph 9; S.I. 2005/3238 (W. 243), Schedule 1, paragraph 9; S.I. 2010/1080, Schedule 1, paragraph 12; S.I. 2010/1158, Schedule 2, paragraph 1; the Education Act 2011 (c. 21), Schedule 5, paragraph 5 and Schedule 16, paragraph 5; and the Deregulation Act 2015 (c. 20), Schedule 14, paragraph 33. Section 2 was amended by the Teaching and Higher Education Act 1998 (c. 30), section 44 and Schedule 4.

(2)

1998 c. 30; section 22(1) was amended by the Learning and Skills Act 2000, section 146(2)(a). See section 43(1) of the Teaching and Higher Education Act 1998 for the definitions of “prescribed” and “regulations”.

(3)

The functions of the Secretary of State in section 1 of the Education (Fees and Awards) Act 1983 were transferred to the National Assembly for Wales, so far as exercisable in relation to Wales, by the National Assembly for Wales (Transfer of Functions) Order 2006, article 2(a) (S.I. 2006/1458) with effect from 8 June 2006. The functions of the Secretary of State in section 2 of that Act were transferred to the National Assembly for Wales, so far as exercisable in relation to Wales, by the National Assembly for Wales (Transfer of Functions) Order 1999, article 2 and Schedule 1 (S.I. 1999/672) with effect from 1 July 1999. The function of the Secretary of State in section 22(1) of the Teaching and Higher Education Act 1998 was transferred to the National Assembly for Wales, so far as it relates to making provision in relation to Wales, by section 44 of the Higher Education Act 2004 (c. 8). Section 44 of the Higher Education Act 2004 also provided that the functions in section 22(2)(a) and (c) of the Teaching and Higher Education Act 1998 were to be exercised by the National Assembly for Wales concurrently with the Secretary of State, so far as they relate to making provision in relation to Wales. The Secretary of State’s function in section 42(6) of the Teaching and Higher Education Act 1998, in so far as being exercisable in relation to Wales, was transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999, article 2 and Schedule 1 (S.I. 1999/672). The functions of the National Assembly for Wales were transferred to the Welsh Ministers by virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32).

(4)

2015 anaw 1. See section 57(1) for the definitions of “prescribed” and “regulations”.

(5)

S.I. 2007/2310 (W. 181), relevant amendments are S.I. 2021/481 (W. 148), S.I. 2021/1365 (W. 360), S.I. 2022/764 (W. 166) and S.I. 2023/87 (W. 17). There are other amending instruments but none are relevant.

(6)

The Ukraine Family Scheme closed to new applications at 15:00GMT on 19 February 2024. This scheme was set out under paragraphs UKR 1.1 to UKR 10.2 of Appendix Ukraine Scheme of the immigration rules (https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-ukraine-scheme). Home Office guidance in relation to this scheme is available here: https://www.gov.uk/guidance/apply-for-a-ukraine-family-scheme-visa.

(7)

The Homes for Ukraine Sponsorship Scheme is set out under paragraphs UKR 11.1 to UKR 20.2 of Appendix Ukraine Scheme of the immigration rules (https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-ukraine-scheme). Home Office guidance in relation to this scheme is available here: https://www.gov.uk/guidance/apply-for-a-visa-under-the-ukraine-sponsorship-scheme.

(8)

The Ukraine Extension Scheme is set out under paragraphs UKR 21.1 to UKR 28.2 of Appendix Ukraine Scheme of the immigration rules (https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-ukraine-scheme). Home Office guidance in relation to this scheme is available here: https://www.gov.uk/guidance/apply-to-stay-in-the-uk-under-the-ukraine-extension-scheme.

(9)

The Ukraine Permission Extension Scheme was announced by the Home Office on 19 February 2024 and scheduled to open during the 2024/25 academic year. This scheme will enable individuals who have come to the United Kingdom through one of the other Ukraine schemes listed above to apply for an additional 18 months of permission to remain in the United Kingdom. Home Office guidance in relation to this scheme is available here: https://www.gov.uk/guidance/applying-to-the-ukraine-permission-extension-scheme.

(10)

S.I. 2015/1484 (W. 163), relevant amendments are S.I. 2021/481 (W. 148), S.I. 2021/1365 (W. 360), S.I. 2022/764 (W. 166) and S.I. 2023/87 (W. 17). There are other amending instruments but none are relevant.

(11)

The Ukraine Family Scheme closed to new applications at 15:00GMT on 19 February 2024. This scheme was set out under paragraphs UKR 1.1 to UKR 10.2 of Appendix Ukraine Scheme of the immigration rules (https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-ukraine-scheme). Home Office guidance in relation to this scheme is available here: https://www.gov.uk/guidance/apply-for-a-ukraine-family-scheme-visa.

(12)

The Homes for Ukraine Sponsorship Scheme is set out under paragraphs UKR 11.1 to UKR 20.2 of Appendix Ukraine Scheme of the immigration rules (https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-ukraine-scheme). Home Office guidance in relation to this scheme is available here: https://www.gov.uk/guidance/apply-for-a-visa-under-the-ukraine-sponsorship-scheme.

(13)

The Ukraine Extension Scheme is set out under paragraphs UKR 21.1 to UKR 28.2 of Appendix Ukraine Scheme of the immigration rules (https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-ukraine-scheme). Home Office guidance in relation to this scheme is available here: https://www.gov.uk/guidance/apply-to-stay-in-the-uk-under-the-ukraine-extension-scheme.

(14)

The Ukraine Permission Extension Scheme was announced by the Home Office on 19 February 2024 and scheduled to open during the 2024/25 academic year. This scheme will enable individuals who have come to the United Kingdom through one of the other Ukraine schemes listed above to apply for an additional 18 months of permission to remain in the United Kingdom. Home Office guidance in relation to this scheme is available here: https://www.gov.uk/guidance/applying-to-the-ukraine-permission-extension-scheme.

(15)

S.I. 2017/47 (W. 21), relevant amendments are S.I. 2020/1302 (W. 287), S.I. 2021/481 (W. 148), S.I. 2021/1365 (W. 360), S.I. 2022/764 (W. 166) and S.I. 2023/1349 (W. 243). There are other amending instruments but none are relevant.

(16)

The Ukraine Family Scheme closed to new applications at 15:00GMT on 19 February 2024. This scheme was set out under paragraphs UKR 1.1 to UKR 10.2 of Appendix Ukraine Scheme of the immigration rules (https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-ukraine-scheme). Home Office guidance in relation to this scheme is available here: https://www.gov.uk/guidance/apply-for-a-ukraine-family-scheme-visa.

(17)

The Homes for Ukraine Sponsorship Scheme is set out under paragraphs UKR 11.1 to UKR 20.2 of Appendix Ukraine Scheme of the immigration rules (https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-ukraine-scheme). Home Office guidance in relation to this scheme is available here: https://www.gov.uk/guidance/apply-for-a-visa-under-the-ukraine-sponsorship-scheme.

(18)

The Ukraine Extension Scheme is set out under paragraphs UKR 21.1 to UKR 28.2 of Appendix Ukraine Scheme of the immigration rules (https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-ukraine-scheme). Home Office guidance in relation to this scheme is available here: https://www.gov.uk/guidance/apply-to-stay-in-the-uk-under-the-ukraine-extension-scheme.

(19)

The Ukraine Permission Extension Scheme was announced by the Home Office on 19 February 2024 and scheduled to open during the 2024/25 academic year. This scheme will enable individuals who have come to the United Kingdom through one of the other Ukraine schemes listed above to apply for an additional 18 months of permission to remain in the United Kingdom. Home Office guidance in relation to this scheme is available here: https://www.gov.uk/guidance/applying-to-the-ukraine-permission-extension-scheme.

(20)

S.I. 2018/191 (W. 42), relevant amendments are S.I. 2018/814 (W. 165), S.I. 2020/1302 (W. 287), S.I. 2021/481 (W. 148), S.I. 2021/1365 (W. 360), S.I. 2022/764 (W. 166), S.I. 2023/87 (W. 17) and S.I. 2023/1349 (W. 243). There are other amending instruments but none are relevant.

(21)

The Ukraine Family Scheme closed to new applications at 15:00GMT on 19 February 2024. This scheme was set out under paragraphs UKR 1.1 to UKR 10.2 of Appendix Ukraine Scheme of the immigration rules (https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-ukraine-scheme). Home Office guidance in relation to this scheme is available here: https://www.gov.uk/guidance/apply-for-a-ukraine-family-scheme-visa.

(22)

The Homes for Ukraine Sponsorship Scheme is set out under paragraphs UKR 11.1 to UKR 20.2 of Appendix Ukraine Scheme of the immigration rules (https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-ukraine-scheme). Home Office guidance in relation to this scheme is available here: https://www.gov.uk/guidance/apply-for-a-visa-under-the-ukraine-sponsorship-scheme.

(23)

The Ukraine Extension Scheme is set out under paragraphs UKR 21.1 to UKR 28.2 of Appendix Ukraine Scheme of the immigration rules (https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-ukraine-scheme). Home Office guidance in relation to this scheme is available here: https://www.gov.uk/guidance/apply-to-stay-in-the-uk-under-the-ukraine-extension-scheme.

(24)

The Ukraine Permission Extension Scheme was announced by the Home Office on 19 February 2024 and scheduled to open during the 2024/25 academic year. This scheme will enable individuals who have come to the United Kingdom through one of the other Ukraine schemes listed above to apply for an additional 18 months of permission to remain in the United Kingdom. Home Office guidance in relation to this scheme is available here: https://www.gov.uk/guidance/applying-to-the-ukraine-permission-extension-scheme.

(25)

S.I. 2018/656 (W. 124), relevant amendments are S.I. 2020/1302 (W. 287), S.I. 2021/481 (W. 148), S.I. 2021/1365 (W. 360), S.I. 2022/764 (W. 166) and S.I. 2023/87 (W. 17). There are other amending instruments but none are relevant.

(26)

The Ukraine Family Scheme closed to new applications at 15:00GMT on 19 February 2024. This scheme was set out under paragraphs UKR 1.1 to UKR 10.2 of Appendix Ukraine Scheme of the immigration rules (https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-ukraine-scheme). Home Office guidance in relation to this scheme is available here: https://www.gov.uk/guidance/apply-for-a-ukraine-family-scheme-visa.

(27)

The Homes for Ukraine Sponsorship Scheme is set out under paragraphs UKR 11.1 to UKR 20.2 of Appendix Ukraine Scheme of the immigration rules (https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-ukraine-scheme). Home Office guidance in relation to this scheme is available here: https://www.gov.uk/guidance/apply-for-a-visa-under-the-ukraine-sponsorship-scheme.

(28)

The Ukraine Extension Scheme is set out under paragraphs UKR 21.1 to UKR 28.2 of Appendix Ukraine Scheme of the immigration rules (https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-ukraine-scheme). Home Office guidance in relation to this scheme is available here: https://www.gov.uk/guidance/apply-to-stay-in-the-uk-under-the-ukraine-extension-scheme.

(29)

The Ukraine Permission Extension Scheme was announced by the Home Office on 19 February 2024 and scheduled to open during the 2024/25 academic year. This scheme will enable individuals who have come to the United Kingdom through one of the other Ukraine schemes listed above to apply for an additional 18 months of permission to remain in the United Kingdom. Home Office guidance in relation to this scheme is available here: https://www.gov.uk/guidance/applying-to-the-ukraine-permission-extension-scheme.

(30)

S.I. 2019/895 (W. 161), relevant amendments are S.I. 2020/1302 (W. 287), S.I. 2021/1365 (W. 360), S.I. 2022/764 (W. 166) and S.I. 2023/87 (W. 17). There are other amending instruments but none are relevant.

(31)

The Ukraine Family Scheme closed to new applications at 15:00GMT on 19 February 2024. This scheme was set out under paragraphs UKR 1.1 to UKR 10.2 of Appendix Ukraine Scheme of the immigration rules (https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-ukraine-scheme). Home Office guidance in relation to this scheme is available here: https://www.gov.uk/guidance/apply-for-a-ukraine-family-scheme-visa.

(32)

The Homes for Ukraine Sponsorship Scheme is set out under paragraphs UKR 11.1 to UKR 20.2 of Appendix Ukraine Scheme of the immigration rules (https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-ukraine-scheme). Home Office guidance in relation to this scheme is available here: https://www.gov.uk/guidance/apply-for-a-visa-under-the-ukraine-sponsorship-scheme.

(33)

The Ukraine Extension Scheme is set out under paragraphs UKR 21.1 to UKR 28.2 of Appendix Ukraine Scheme of the immigration rules (https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-ukraine-scheme). Home Office guidance in relation to this scheme is available here: https://www.gov.uk/guidance/apply-to-stay-in-the-uk-under-the-ukraine-extension-scheme.

(34)

The Ukraine Permission Extension Scheme was announced by the Home Office on 19 February 2024 and scheduled to open during the 2024/25 academic year. This scheme will enable individuals who have come to the United Kingdom through one of the other Ukraine schemes listed above to apply for an additional 18 months of permission to remain in the United Kingdom. Home Office guidance in relation to this scheme is available here: https://www.gov.uk/guidance/applying-to-the-ukraine-permission-extension-scheme.