The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2025
PART 1Title, coming into force and application
Title and coming into force1.
(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.
Application2.
(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.
PART 2Amendments to the Education (Fees and Awards) (Wales) Regulations 2007
CHAPTER 1Introduction
3.
CHAPTER 2Amendment relating to Ukraine schemes
4.
CHAPTER 3British citizens of Chagossian descent
5.
In the Schedule, in paragraph 9C—
(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)
“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)
“(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.”
CHAPTER 4Students settled in the United Kingdom during the academic year
6.
In the Schedule—
(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”.
F1PART 3Amendments to the Education (European University Institute) (Wales) Regulations 2014
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART 4Amendments to the Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015
CHAPTER 1Introduction
10.
CHAPTER 2Amendment relating to Ukraine schemes
11.
CHAPTER 3British citizens of Chagossian descent
12.
In the Schedule, in paragraph 9C—
(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)
“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)
“(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.”
CHAPTER 4Students settled in the United Kingdom during the academic year
13.
In the Schedule—
(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”.
PART 5Amendments to the Education (Student Support) (Wales) Regulations 2017
CHAPTER 1Introduction
14.
CHAPTER 2Amendment relating to Ukraine schemes
15.
CHAPTER 3Students 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)”
.
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)”
.
18.
In Schedule 1 (eligible students)—
(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”.
CHAPTER 4Amendments 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.
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”
.
CHAPTER 5Corrections
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”
.
PART 6Amendments to the Education (Student Support) (Wales) Regulations 2018
CHAPTER 1Introduction
22.
CHAPTER 2Amendment relating to Ukraine schemes
23.
CHAPTER 3British citizens of Chagossian descent
24.
In Schedule 2 (categories of eligible student), in paragraph 6BB—
(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)
“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)
“(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.”
CHAPTER 4Students 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”
.
26.
In regulation 81(3)(b)(iii), for “paragraph 1(2)(a)” substitute “paragraph 1(1)(a) or (2)(a)”
.
27.
In Schedule 2 (categories of eligible student)—
(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”.
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)”
.
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”
.
CHAPTER 5Amendment to disabled student’s grant – sandwich years
30.
“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.”
CHAPTER 6Amendments 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”
.
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”
.
CHAPTER 7Amendment 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”.
CHAPTER 8Corrections to the Welsh language text
34.
In the Welsh language text—
(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”
.
PART 7Amendments to the Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 2018
CHAPTER 1Introduction
35.
CHAPTER 2Amendment relating to Ukraine schemes
36.
CHAPTER 3British citizens of Chagossian descent
37.
In Schedule 1 (eligible students), in paragraph 10BB—
(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)
“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)
“(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.”
CHAPTER 4Students 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”
.
39.
In Schedule 1 (eligible students)—
(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”.
CHAPTER 5Amendments relating to the KESS 2 Scheme
40.
In regulation 2(1), omit the definition of “KESS 2 Scheme”.
41.
In regulation 3(3)—
(a)
after sub-paragraph (k) insert “or”
;
(b)
omit sub-paragraph (m) and the “or” before it.
42.
In regulation 14—
(a)
in paragraph (8), omit sub-paragraph (e);
(b)
in paragraph (11), omit sub-paragraph (e) and the “and” before it.
PART 8Amendments to the Education (Student Support) (Postgraduate Master’s Degrees) (Wales) Regulations 2019
CHAPTER 1Introduction
43.
CHAPTER 2Amendment relating to Ukraine schemes
44.
CHAPTER 3British citizens of Chagossian descent
45.
In Schedule 2 (categories of eligible students), in paragraph 8BB—
(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)
“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)
“(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.”
CHAPTER 4Students 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”
.
47.
In Schedule 2 (categories of eligible students)—
(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”.
CHAPTER 5Amendment 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”.
CHAPTER 6Amendments relating to the KESS 2 Scheme
49.
In regulation 10(1), in Exception 9, omit paragraph (e).
50.
In Schedule 1, in paragraph 3(1), omit the definition of “KESS 2 Scheme”.
51.
In Schedule 4, in paragraph 1, in Table 3, omit the entry for “KESS 2 Scheme”.
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—
Part 2 amends the Education (Fees and Awards) (Wales) Regulations 2007 (“the 2007 Regulations”),
Part 3 amends the Education (European University Institute) (Wales) Regulations 2014 (“the 2014 Regulations”),
Part 4 amends the Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015 (“the 2015 Regulations”),
Part 5 amends the Education (Student Support) (Wales) Regulations 2017 (“the 2017 Regulations”),
Part 6 amends the Education (Student Support) (Wales) Regulations 2018 (“the 2018 Regulations”),
Part 7 amends the Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 2018 (“the Doctoral Degree Loan Regulations”), and
Part 8 amends the Education (Student Support) (Postgraduate Master’s Degrees) (Wales) Regulations 2019 (“the 2019 Regulations”).
Amendments made by these Regulations—
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,
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,
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,
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,
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,
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,
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
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.