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Welsh Statutory Instruments

2026 No. 3

EDUCATION, WALES

The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2026

Made

13 January 2026

Coming into force

5 February 2026

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 the powers conferred on them under sections 5(5)(b) and 55(2) of the Higher Education (Wales) Act 2015(4).

Part 1Title, coming into force and application

Title and coming into force

1.—(1) The title of these Regulations is the Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2026.

(2) These Regulations come into force on 5 February 2026.

Application

2. These 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 2026, 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

Chapter 1Introduction

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

Chapter 2Amendments relating to the Netherlands Antilles

4. In regulation 2(1) (interpretation), in the definition of “overseas territories”—

(a)omit “Aruba;”;

(b)for “Netherlands Antilles (Bonaire, Curaçao, Saba, Sint Eustatius and Sint Maarten)” substitute “the Caribbean part of the Kingdom of the Netherlands (Aruba, Bonaire, Curaçao, Saba, Sint Eustatius and Sint Maarten)”.

5. In the Schedule, in paragraphs 9B(5) and 9BA(3)—

(a)omit “Aruba;”;

(b)for “Netherlands Antilles (Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten)” substitute “the Caribbean part of the Kingdom of the Netherlands (Aruba, Bonaire, Curaçao, Saba, Sint Eustatius and Sint Maarten)”.

Chapter 3Amendment relating to first day requirements

6. For regulation 4(2) (fee charging) substitute—

“(2) For the purposes of this regulation a person falls within a paragraph of the Schedule if they fall within it—

(a)on the day on which the first term of the first academic year actually begins, where the academic year is the first academic year of the person’s course, or

(b)otherwise, on the first day of an academic year.”

Chapter 4Amendments relating to bereaved partners of Gurkha and Hong Kong military unit veterans and their children

7. In the Schedule, in paragraph 1, in the definition of “person granted leave to enter or remain as a protected partner”—

(a)in the words before sub-paragraph (1), for “under any of the following provisions of the immigration rules” substitute “granted in any of the following cases”;

(b)in sub-paragraph (1), in the opening words, after “31 January 2024,” insert “under”;

(c)in sub-paragraph (2), in the opening words, after “31 January 2024,” insert “under”;

(d)after sub-paragraph (2) insert—

“(3) in the case of a person granted leave to enter or remain on or after 5 October 2023 as a bereaved partner, under paragraph AF (GHK) 14.1 of Appendix Gurkha and Hong Kong military unit veteran discharged before 1 July 1997(6) of the immigration rules;

(4) in the case of a person granted leave to enter or remain before 5 October 2023, outside the immigration rules, on the basis that the person was a bereaved partner of a Gurkha discharged before 1 July 1997;”.

Chapter 5Amendments relating to protected Ukrainian nationals

8. In the Schedule—

(a)in paragraph 1, in the definition of “protected Ukrainian national”, for sub-paragraph (a), but not the “or” after it, substitute—

“(a)under any of the following provisions of Appendix Ukraine Scheme of the immigration rules—

(i)paragraph UKR 9.1(7) (Ukraine Family Scheme);

(ii)paragraph UKR 19.1(8) (Homes for Ukraine Sponsorship Scheme);

(iii)paragraph UKR 27.1(9) (Ukraine Extension Scheme);

(iv)paragraph UKR 36.1(10) (Ukraine Permission Extension Scheme);”;

(b)in paragraph 4C(1)(b), for the words from “has” to “period” substitute “is ordinarily resident in the United Kingdom and the Islands and has not ceased to be so resident”.

Part 3Revocation of the Education (European University Institute) (Wales) Regulations 2014 and consequential revocations and omissions

9. The Education (European University Institute) (Wales) Regulations 2014(11) and the Education (European University Institute) (Wales) (Amendment) (EU Exit) Regulations 2021(12) are revoked.

10. The following provisions are omitted—

(a)paragraph 174 of Schedule 3 to the Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016(13);

(b)regulations 42 to 45 of the Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2018(14);

(c)Part 3 of the Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2019(15);

(d)regulation 3 of the Education (Student Finance) (Amendments to Student Eligibility) (Wales) Regulations 2019(16);

(e)regulations 6 to 8 of the Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020(17);

(f)Part 3 of the Education (Student Fees, Awards and Support) (Ordinary Residence) (Wales) Regulations 2021(18);

(g)regulations 3 to 6 of the Education (Eligibility for Student Support) (Amendment) (Wales) Regulations 2022(19);

(h)Part 3 of the Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2022(20);

(i)Part 3 of the Education (Student Finance) (Ukrainian Nationals and Family Members) (Miscellaneous Amendments) (Wales) Regulations 2022(21);

(j)Part 3 of the Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2023(22);

(k)Part 3 and regulation 79 of the Education (Student Finance) (Miscellaneous Amendments) (No. 3) (Wales) Regulations 2023(23);

(l)Part 3 of the Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2024(24);

(m)Part 3 of the Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2025(25);

(n)Part 2 of the Education (Student Finance) (Amounts) (Miscellaneous Amendments) (Wales) Regulations 2025(26);

(o)Part 3 of the Education (Student Finance) (Miscellaneous Amendments) (No. 2) (Wales) Regulations 2025(27).

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

Chapter 1Introduction

11. The Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015(28) are amended in accordance with this Part.

Chapter 2Amendments relating to first day requirements

12. In regulation 4 (prescribed description of a qualifying person)—

(a)in paragraph (1), for “falls within a prescribed category on the first day of an academic year, other than—” substitute “satisfies either of the conditions in paragraph (1A) and does not fall within any of the exceptions in paragraph (1B).”;

(b)omit paragraph (1)(a) to (d);

(c)after paragraph (1) insert—

“(1A) The conditions are—

Condition 1

A person falls within either paragraph 2A or 8A of the Schedule—

(a)on the day on which the first term of the first academic year actually begins, where the academic year is the first academic year of the person’s course, or

(b)otherwise, on the first day of an academic year.

Condition 2

A person falls within a prescribed category on the first day of an academic year.

(1B) The exceptions are—

(a)a person who is not eligible for support under the 2015 Regulations by reason of regulation 4(3)(c), (d), (e) or (f) of those Regulations;

(b)a person who is not eligible for support under the 2017 Regulations by reason of regulation 4(3)(c), (d), (e) or (f) of those Regulations;

(c)a person who is not eligible for support under the 2018 Regulations because they are a person to whom Exception 3, paragraph (a), Exception 4, Exception 5 or Exception 6 in regulation 10(1) of those Regulations applies;

(d)a person mentioned in paragraphs (2), (3), (3A) or (8).”

Chapter 3Amendments relating to the Netherlands Antilles

13. In the Schedule—

(a)in paragraph 1(1), in the definition of “overseas territories”—

(i)omit “Aruba;”;

(ii)for “Netherlands Antilles (Bonaire, Curaçao, Saba, Sint Eustatius and Sint Maarten)” substitute “the Caribbean part of the Kingdom of the Netherlands (Aruba, Bonaire, Curaçao, Saba, Sint Eustatius and Sint Maarten)”;

(b)in paragraphs 9B(5) and 9BA(3)—

(i)omit “Aruba;”;

(ii)for “Netherlands Antilles (Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten)” substitute “the Caribbean part of the Kingdom of the Netherlands (Aruba, Bonaire, Curaçao, Saba, Sint Eustatius and Sint Maarten)”.

Chapter 4Amendments relating to bereaved partners of Gurkha and Hong Kong military unit veterans and their children

14. In the Schedule, in paragraph 1(1), in the definition of “person granted leave to enter or remain as a protected partner”—

(a)in the words before paragraph (1), for “under any of the following provisions of the immigration rules” substitute “granted in any of the following cases”;

(b)in paragraph (1), in the opening words, after “31 January 2024,” insert “under”;

(c)in paragraph (2), in the opening words, after “31 January 2024,” insert “under”;

(d)after paragraph (2) insert—

Chapter 5Amendments relating to protected Ukrainian nationals

15. In the Schedule—

(a)in paragraph 1(1), in the definition of “protected Ukrainian national”, for paragraph (a) substitute—

“(a)under any of the following provisions of Appendix Ukraine Scheme of the immigration rules—

(i)paragraph UKR 9.1 (Ukraine Family Scheme);

(ii)paragraph UKR 19.1 (Homes for Ukraine Sponsorship Scheme);

(iii)paragraph UKR 27.1 (Ukraine Extension Scheme);

(iv)paragraph UKR 36.1 (Ukraine Permission Extension Scheme); or”;

(b)in paragraph 4C (protected Ukrainian nationals), in sub-paragraph (1)(b), for the words from “has” to “period” substitute “is ordinarily resident in the United Kingdom and the Islands and has not ceased to be so resident”.

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

Chapter 1Introduction

16. The Education (Student Support) (Wales) Regulations 2017(29) are amended in accordance with this Part.

Chapter 2Amendments relating to college fee loans

17. In regulation 2(1) (interpretation)—

(a)omit the definitions of “college fees”, “college fee loan”, “qualifying course” and “qualifying student”;

(b)in the definition of “fees” omit “except in reference to college fees”.

18. In regulation 4 (eligible students)—

(a)after paragraphs (9)(a)(i), (9A)(a)(i), (9B)(a)(i), (10)(a)(i), (10A)(a)(i), (10B)(a)(i), (10C)(a)(i), (10D)(a)(i) and (10F)(a)(i), for “or” substitute “and”;

(b)omit paragraphs (9)(a)(ii), (9A)(a)(ii), (9B)(a)(ii), (10)(a)(ii), (10A)(a)(ii), (10B)(a)(ii), (10C)(a)(ii), (10D)(a)(ii) and (10F)(a)(ii);

(c)in the closing words of paragraphs (9), (9A), (9B), (10), (10A), (10B), (10C), (10D), (10E) and (10F), omit “or qualifying”;

(d)in paragraph (10E)(a), omit “or a qualifying student in connection with an academic year of a qualifying course”;

(e)in paragraph (11), for “an eligible part-time student, an eligible student or a qualifying student” substitute “an eligible part-time student or an eligible student”;

(f)in paragraph (11A)(b), omit “or a qualifying student”.

19. In regulation 10(2)(b) (time limits) omit “or a college fee loan under Schedule 4” and “or an additional amount of college fee loan under paragraph 10(2) of Schedule 4”.

20. Omit Part 8 (college fee loans) and Schedule 4 (college fee loans).

Chapter 3Amendments relating to bereaved partners of Gurkha and Hong Kong military unit veterans and their children

21. In regulation 2(1), in the definition of “person granted leave to enter or remain as a protected partner”—

(a)in the words before paragraph (1), for “under any of the following provisions of the immigration rules” substitute “granted in any of the following cases”;

(b)in paragraph (1), in the opening words, after “31 January 2024,” insert “under”;

(c)in paragraph (2), in the opening words, after “31 January 2024,” insert “under”;

(d)after paragraph (2) insert—

Chapter 4Amendments relating to protected Ukrainian nationals

22. In regulation 2(1), in the definition of “protected Ukrainian national”, for sub-paragraph (a), but not the “or” after it, substitute—

“(a)under any of the following provisions of Appendix Ukraine Scheme of the immigration rules—

(i)paragraph UKR 9.1 (Ukraine Family Scheme);

(ii)paragraph UKR 19.1 (Homes for Ukraine Sponsorship Scheme);

(iii)paragraph UKR 27.1 (Ukraine Extension Scheme);

(iv)paragraph UKR 36.1 (Ukraine Permission Extension Scheme);”.

23. In Schedule 1 (eligible students), in paragraph 4ZC (protected Ukrainian nationals), in sub-paragraph (1)(b), for the words from “has” to “period” substitute “is ordinarily resident in the United Kingdom and the Islands and has not ceased to be so resident”.

Chapter 5Amendments relating to loans for living costs

24. In regulation 23(7)(e)(iv) (general qualifying conditions for grants for living costs)—

(a)omit “the Regional Health and Social Care Board or”;

(b)for “sections 7 and 12” substitute “section 12”.

25. In regulation 50(3) (increases in maximum amount), at the end insert “or who is in receipt of a healthcare bursary or universal healthcare bursary calculated by reference to the student’s income, whether or not the calculation results in a nil amount”.

Chapter 6Amendments relating to coronavirus

26. Omit regulation 46(3) and (4) (students residing with parents) and regulation 52(fa) (interpretation of Part 6).

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

Chapter 1Introduction

27. The Education (Student Support) (Wales) Regulations 2018(30) are amended in accordance with this Part.

Chapter 2Amendments relating to college fee loans

28. Omit regulation 3(15), Part 16 (Oxbridge college fee loans) and Schedule 5 (Oxbridge college fee loans).

29. In regulations 22(1)(a)(iii) (refugees who cease to have leave to remain), 22A(1)(a)(iii) (persons who cease to have stateless leave), 23(1)(a)(iii) (other persons who cease to have leave to enter or remain), 23A(1)(a)(iii) (persons who cease to have section 67 leave to remain), 23B(1)(a)(iii) (persons who cease to have Calais leave), 23C(1)(a)(iii) (persons who cease to have leave to enter or remain as a protected partner), 23D(1)(a)(iii) (persons who cease to have leave to remain under residence scheme immigration rules), 23F(1)(a)(iii) and 23G(1)(a)(iii) omit “or paragraph 7 of Schedule 5”.

30. In regulation 33 (time limit for making application), in Table 1, in the second row after the heading row, for the text in Column 1 substitute—

“Application is for a tuition fee loan or maintenance loan.

Application is for an additional amount of tuition fee loan under regulation 42 or maintenance loan under regulation 60”.

31. In Schedule 1 (interpretation), paragraph 6(1) (interpretation of other key terms), in the definition of “fees” omit “but this definition does not apply to Oxbridge college fees (see Schedule 5)”.

32. In Schedule 7 (index of defined terms), paragraph 1, in Table 16, omit the following expressions in Column 1 and the corresponding entries in Column 2—

(a)“college fees”;

(b)“designated Oxbridge course”;

(c)“eligible Oxbridge student”;

(d)“Oxbridge college fee loan”;

(e)““period of eligibility” (in relation to a designated Oxbridge course)”;

(f)““standard academic year” (in relation to a designated Oxbridge course)”.

Chapter 3Amendments relating to coronavirus

33. In regulation 19 (early termination of eligibility), for paragraph (3) substitute—

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

34. In regulation 39 (qualifying conditions for tuition fee loan), Exception 4; regulation 44 (qualifying conditions for base grant and maintenance grant), Exception 5; regulation 54 (qualifying conditions for a maintenance loan), Exception 4; regulation 62 (qualifying conditions for disabled student’s grant), Exception 5 and regulation 69 (qualifying conditions for grants for dependants), Exception 8, for the words from “But” to the end of the Exception, substitute—

“But this exception does not apply where S is not in Wales on the first day of the first academic year of the course because S, or a close relative of S, is serving as a member of the armed forces outside Wales.”

35. Omit regulation 86(4) and (5) (students living in more than one location).

36. In Schedule 1 (interpretation), paragraph 6(1), omit the definition of “coronavirus”.

Chapter 4Amendment relating to loans for living costs

37. In regulation 57 (increased maintenance loan for full-time students in extended years), after paragraph (7) insert—

“(8) But this regulation does not apply to an academic year—

(a)in respect of which the student has been bestowed or paid a healthcare bursary calculated by reference to the student’s income, whether or not the calculation results in a nil amount, or

(b)of a sandwich course where the periods of full-time study are in aggregate less than 10 weeks unless the periods of work experience constitute unpaid service.

(9) For the purposes of paragraph (8), “unpaid service” means—

(a)unpaid service in a hospital or in a public health service laboratory or with a primary care trust in the United Kingdom,

(b)unpaid service with a local authority in the United Kingdom acting in the exercise of their functions relating to the care of children and young persons, health or welfare, or with a voluntary organisation providing facilities or carrying out activities of a like nature in the United Kingdom,

(c)unpaid service in the prison or probation and aftercare service in the United Kingdom,

(d)unpaid research in an institution in the United Kingdom or, in the case of an eligible student attending an overseas institution as part of the eligible student’s course, in an overseas institution, or

(e)unpaid service with—

(i)a Special Health Authority established pursuant to section 28 of the National Health Service Act 2006(31),

(ii)a Local Health Board established pursuant to section 11 of the National Health Service (Wales) Act 2006(32) or a Special Health Authority established pursuant to section 22 of that Act,

(iii)a Health Board or a Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978(33),

(iv)the Regional Agency for Public Health and Social Well-being established under section 12 of the Health and Social Care (Reform) Act (Northern Ireland) 2009(34),

(v)NHS England, the body corporate established under section 1H of the National Health Service Act 2006 or an integrated care board established under Chapter A3 of Part 2 of that Act, or

(vi)the National Institute for Health and Care Excellence established under section 232 of the Health and Social Care Act 2012(35).”

Chapter 5Amendments relating to grants for dependants – care leavers

38. In regulation 77 (grants for dependants: calculating the amount payable), after paragraph (3) insert—

“(3A) Where the eligible student is a care leaver within the meaning given by regulation 49, the amount of GfD payable is the aggregated maximums arrived at under Step 3 of paragraph (1).”

39. In the opening words of regulation 78 (amount of adult dependants grant and childcare grant: eligible student’s partner is an eligible student), after “paragraph (2)” insert “or (3A)”.

Chapter 6Amendments relating to bereaved partners of Gurkha and Hong Kong military unit veterans and their children

40. In Schedule 2 (categories of eligible student), in paragraph 2ZB (category 2ZB - persons granted leave to enter or remain as a protected partner and their children), in sub-paragraph (3)(b)—

(a)in the words before Case 1, for “under any provisions of the immigration rules specified in either of the following cases” substitute “in any of the following cases”;

(b)in Case 1, in the opening words, after “31 January 2024,” insert “under”;

(c)in Case 2, in the opening words, after “31 January 2024,” insert “under”;

(d)after Case 2 insert—

“Case 3

In the case of a person granted leave to enter or remain on or after 5 October 2023 as a bereaved partner, under paragraph AF (GHK) 14.1 of Appendix Gurkha and Hong Kong military unit veteran discharged before 1 July 1997 of the immigration rules.

Case 4

In the case of a person granted leave to enter or remain before 5 October 2023, outside the immigration rules, on the basis that the person was a bereaved partner of a Gurkha discharged before 1 July 1997.”

Chapter 7Amendments relating to protected Ukrainian nationals

41. In Schedule 2, in paragraph 2ZC (category 2ZC – protected Ukrainian nationals)—

(a)in sub-paragraph (1)(b), for the words from “has” to “period” substitute “is ordinarily resident in the United Kingdom and the Islands and has not ceased to be so resident”;

(b)in sub-paragraph (2), for paragraph (a), but not the “or” after it, substitute—

“(a)under any of the following provisions of Appendix Ukraine Scheme of the immigration rules—

(i)paragraph UKR 9.1 (Ukraine Family Scheme);

(ii)paragraph UKR 19.1 (Homes for Ukraine Sponsorship Scheme);

(iii)paragraph UKR 27.1 (Ukraine Extension Scheme);

(iv)paragraph UKR 36.1 (Ukraine Permission Extension Scheme),”.

Chapter 8Amendments relating to the Netherlands Antilles

42. In Schedule 2, paragraph 11(1) (interpretation), in the definition of “overseas territories”—

(a)omit “Aruba,”;

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

Chapter 1Introduction

43. The Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 2018(36) are amended in accordance with this Part.

Chapter 2Amendments relating to bereaved partners of Gurkha and Hong Kong military unit veterans and their children

44. In regulation 2(1) (interpretation), in the definition of “person granted leave to enter or remain as a protected partner”—

(a)in the words before sub-paragraph (1), for “under any of the following provisions of the immigration rules” substitute “in any of the following cases”;

(b)in sub-paragraph (1), in the opening words, after “31 January 2024,” insert “under”;

(c)in sub-paragraph (2), in the opening words, after “31 January 2024,” insert “under”;

(d)after sub-paragraph (2) insert—

Chapter 3Amendments relating to protected Ukrainian nationals

45. In regulation 2(1), in the definition of “protected Ukrainian national”, for sub-paragraph (a), but not the “or” after it, substitute—

“(a)under any of the following provisions of Appendix Ukraine Scheme of the immigration rules—

(i)paragraph UKR 9.1 (Ukraine Family Scheme);

(ii)paragraph UKR 19.1 (Homes for Ukraine Sponsorship Scheme);

(iii)paragraph UKR 27.1 (Ukraine Extension Scheme);

(iv)paragraph UKR 36.1 (Ukraine Permission Extension Scheme);”.

46. In Schedule 1 (eligible students), in paragraph 4C (protected Ukrainian nationals), in sub-paragraph (1)(b), for the words from “has” to “period” substitute “is ordinarily resident in the United Kingdom and the Islands and has not ceased to be so resident”.

Chapter 4Amendments relating to protected partners

47. In regulation 3 (eligible students), after paragraph (10F) insert—

“(10FA) Where—

(a)the Welsh Ministers have determined that, by virtue of being a person granted leave to enter or remain as a protected partner, or as the child of such a person, a person (“A”) was an eligible student in connection with an application for a postgraduate doctoral degree loan for a designated course, and

(b)as at the day before the relevant day, A no longer has extant leave to enter or remain as a protected partner, or as the child of such a person, and no further leave to enter or remain has been granted,

A’s status as an eligible student terminates immediately before the relevant day.”

Chapter 5Amendments relating to the Netherlands Antilles

48. In Schedule 1, paragraph 1(1) (interpretation), in the definition of “overseas territories”—

(a)omit “Aruba;”;

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

Chapter 1Introduction

49. The Education (Student Support) (Postgraduate Master’s Degrees) (Wales) Regulations 2019(37) are amended in accordance with this Part.

Chapter 2Amendments relating to coronavirus

50. In regulation 10(1) (eligible students – exceptions), in Exception 10, omit—

(a)

“Case 1”, and

(b)

“Case 2

(a)

the first day of the first academic year of the course is on or after 1 September 2020; and

(b)

P is unable to be in Wales on the first day of the first academic year of the course for a reason related to coronavirus.”

51. In Schedule 1 (interpretation), paragraph 3(1) (interpretation of other key terms), omit the definition of “coronavirus”.

52. In Schedule 4 (index of defined terms), paragraph 1, in Table 3, omit “coronavirus” in column 1 and the corresponding entry in column 2.

Chapter 3Amendment relating to protected partners

53. After regulation 12G (persons who cease to have Calais leave) insert—

“12GA. Persons who cease to have leave to enter or remain as a protected partner

Where—

A’s status as an eligible student terminates immediately before the relevant day.”

Chapter 4Amendments relating to the Netherlands Antilles

54. In Schedule 2 (categories of eligible students), paragraph 13(1) (interpretation), in the definition of “overseas territories”—

(a)omit “Aruba,”;

Chapter 5Amendments relating to bereaved partners of Gurkha and Hong Kong military unit veterans and their children

55. In Schedule 2, in paragraph 2B (category 2B - persons granted leave to enter or remain as a protected partner and their children), in sub-paragraph (3)(b)—

(a)in the words before Case 1, for “under any provisions of the immigration rules specified in either of the following cases” substitute “in any of the following cases”;

(b)in Case 1, in the opening words, after “31 January 2024,” insert “under”;

(c)in Case 2, in the opening words, after “31 January 2024,” insert “under”;

(d)after Case 2 insert—

“Case 3
In the case of a person granted leave to enter or remain on or after 5 October 2023 as a bereaved partner, under paragraph AF (GHK) 14.1 of Appendix Gurkha and Hong Kong military unit veteran discharged before 1 July 1997 of the immigration rules.
Case 4
In the case of a person granted leave to enter or remain before 5 October 2023, outside the immigration rules, on the basis that the person was a bereaved partner of a Gurkha discharged before 1 July 1997.”

Chapter 6Amendments relating to protected Ukrainian nationals

56. In Schedule 2, in paragraph 2C (category 2C – protected Ukrainian nationals)—

(a)in sub-paragraph (1)(b), for the words from “has” to “period” substitute “is ordinarily resident in the United Kingdom and the Islands and has not ceased to be so resident”;

(b)in sub-paragraph (2), for paragraph (a), but not the “or” after it, substitute—

“(a)under any of the following provisions of Appendix Ukraine Scheme of the immigration rules—

(i)paragraph UKR 9.1 (Ukraine Family Scheme);

(ii)paragraph UKR 19.1 (Homes for Ukraine Sponsorship Scheme);

(iii)paragraph UKR 27.1 (Ukraine Extension Scheme);

(iv)paragraph UKR 36.1 (Ukraine Permission Extension Scheme),”.

Vikki Howells

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

13 January 2026

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.

Part 2 and Parts 4 to 8 make amendments to the following regulations—

(a)

Part 2 amends the Education (Fees and Awards) (Wales) Regulations 2007 (S.I. 2007/2310 (W. 181)) (“the 2007 Regulations”),

(b)

Part 4 amends the Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015 (S.I. 2015/1484 (W. 163)) (“the 2015 Regulations”),

(c)

Part 5 amends the Education (Student Support) (Wales) Regulations 2017 (S.I. 2017/47 (W. 21)) (“the 2017 Regulations”),

(d)

Part 6 amends the Education (Student Support) (Wales) Regulations 2018 (S.I. 2018/191 (W. 42)) (“the 2018 Regulations”),

(e)

Part 7 amends the Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 2018 (S.I. 2018/656 (W. 124)) (“the Doctoral Degree Loan Regulations”), and

(f)

Part 8 amends the Education (Student Support) (Postgraduate Master’s Degrees) (Wales) Regulations 2019 (S.I. 2019/895 (W. 161)) (“the 2019 Regulations”).

Parts 2 and 4 to 8 of these Regulations amend—

(a)

references to Aruba and the Netherlands Antilles in the 2007 Regulations, the 2015 Regulations, the 2018 Regulations, the Doctoral Degree Loan Regulations and the 2019 Regulations, to reflect changes in the status of those territories,

(b)

provisions in the 2007 Regulations and the 2015 Regulations requiring a student’s presence in the United Kingdom on the first day of a course, to clarify the requirements for persons falling into paragraphs 2A and 8A of the Schedules to those Regulations,

(c)

the definitions of “person granted leave to enter or remain as a protected partner” in the 2007 Regulations, the 2015 Regulations, the 2017 Regulations, the 2018 Regulations, the Doctoral Degree Loan Regulations and the 2019 Regulations, to include persons granted leave to enter or remain in the United Kingdom as bereaved partners of Gurkha and Hong Kong military unit veterans discharged before 1 July 1997, so that such persons and their children are eligible for home fee status, the fee limits and student support,

(d)

the definition of a “protected Ukrainian national” in the 2007 Regulations, the 2015 Regulations, the 2017 Regulations, the 2018 Regulations, the Doctoral Degree Loan Regulations and the 2019 Regulations, to reflect the addition of a new Ukraine Permission Extension Scheme to Appendix Ukraine Scheme of the immigration rules,

(e)

the ordinary residence requirements for protected Ukrainian nationals under the 2007 Regulations, the 2015 Regulations, the 2017 Regulations, the 2018 Regulations, the Doctoral Degree Loan Regulations and the 2019 Regulations, to ensure consistency with the wording of equivalent requirements for the family members of such persons,

(f)

the 2017 Regulations and the 2018 Regulations to remove obsolete references to Oxbridge college fee loans,

(g)

provisions relating to increased loans for living costs in the 2017 Regulations and 2018 Regulations, to ensure students who are already receiving healthcare bursaries in respect of these costs are not eligible, and to remove references to an obsolete public body in Northern Ireland,

(h)

the 2017 Regulations, the 2018 Regulations and the 2019 Regulations, to remove obsolete references to coronavirus provisions,

(i)

the process for calculating the amount of grants for dependants in the 2018 Regulations, as it applies to care leavers, to ensure such persons are eligible for the maximum amount, and

(j)

the Doctoral Degree Loan Regulations and the 2019 Regulations, so that eligibility for support will terminate where a person ceases to have leave to enter or remain in the United Kingdom as a protected partner.

Part 3 revokes the Education (European University Institute) (Wales) Regulations 2014 (S.I. 2014/3037 (W. 303)) and makes consequential revocations and omissions.

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; the Deregulation Act 2015 (c. 20), Schedule 14, paragraph 33; and the Tertiary Education and Research (Wales) Act 2022 (asc 1), Schedule 4, paragraph 2. Section 2 was amended by the Teaching and Higher Education Act 1998 (c. 30), 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 (S.I. 2006/1458), article 2(a) 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 (S.I. 1999/672), article 2 and Schedule 1 with effect from 1 July 1999. The function of the Secretary of State in section 22(1)(a) 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(1) of the Higher Education Act 2004 (c. 8). Section 44(2) of the Higher Education Act 2004 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. 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. 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. 2025/16 (W. 6). There are other amending instruments but none are relevant.

(6)

Appendix Gurkha and Hong Kong military unit veteran discharged before 1 July 1997 was added to the immigration rules by the Statement of Changes in Immigration Rules laid before Parliament on 7 September 2023 (HC 1780). An electronic copy of HC 1780 is available at https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc-1780-7-september-2023.

(7)

Paragraph UKR 9.1 was deleted by the Statement of Changes in Immigration Rules laid before Parliament on 19 February 2024 (HC 556). An electronic copy of HC 556 is available at https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc-556-19-february-2024.

(8)

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.

(9)

Paragraph 27.1 was deleted by the Statement of Changes in Immigration Rules laid before Parliament on 26 November 2024 (HC 334). An electronic copy of HC 334 is available at https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc-334-26-november-2024.

(10)

The Ukraine Permission Extension Scheme is set out under paragraphs UKR 29.1 to 38.1 of Appendix Ukraine Scheme of the immigration rules. Home Office guidance relating to this scheme is available here: https://www.gov.uk/guidance/applying-to-the-ukraine-permission-extension-scheme.

(11)

S.I. 2014/3037 (W. 303).

(12)

S.I. 2021/1294 (W. 328).

(13)

S.I. 2016/211 (W. 84).

(14)

S.I. 2018/814 (W. 165).

(15)

S.I. 2019/235 (W. 54).

(16)

S.I. 2019/1192 (W. 209).