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

W.S.I. 2025/16 · Made 8 January 2025 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 5 February 2026.

Education, Wales

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 1983f1 and sections 22(1)(a) and (2)(a) and (c), and 42(6) of the Teaching and Higher Education Act 1998f2, and now exercisable by themf3, and powers conferred on them under sections 5(5)(b) and 55(2) of the Higher Education (Wales) Act 2015f4.

Annotations to the whole text

Footnotes

f1

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.

f2

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”.

f3

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).

f4

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

Contents

  1. Part 1: Title, coming into force and application
  2. 1Title and coming into force
  3. 2Application
  4. Part 2: Amendments to the Education (Fees and Awards) (Wales) Regulations 2007
  5. Chapter 1: Introduction
  6. 3Regulation 3
  7. Chapter 2: Amendment relating to Ukraine schemes
  8. 4Regulation 4
  9. Chapter 3: British citizens of Chagossian descent
  10. 5Regulation 5
  11. Chapter 4: Students settled in the United Kingdom during the academic year
  12. 6Regulation 6
  13. Part 3: Amendments to the Education (European University Institute) (Wales) Regulations 2014 Repealed
  14. Chapter 1: Introduction Repealed
  15. 7Regulation 7 Repealed
  16. Chapter 2: Amendment relating to Ukraine schemes Repealed
  17. 8Regulation 8 Repealed
  18. Chapter 3: Amendment relating to non-domiciled status Repealed
  19. 9Regulation 9 Repealed
  20. Part 4: Amendments to the Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015
  21. Chapter 1: Introduction
  22. 10Regulation 10
  23. Chapter 2: Amendment relating to Ukraine schemes
  24. 11Regulation 11
  25. Chapter 3: British citizens of Chagossian descent
  26. 12Regulation 12
  27. Chapter 4: Students settled in the United Kingdom during the academic year
  28. 13Regulation 13
  29. Part 5: Amendments to the Education (Student Support) (Wales) Regulations 2017
  30. Chapter 1: Introduction
  31. 14Regulation 14
  32. Chapter 2: Amendment relating to Ukraine schemes
  33. 15Regulation 15
  34. Chapter 3: Students settled in the United Kingdom during the academic year
  35. 16Regulation 16
  36. 17Regulation 17
  37. 18Regulation 18
  38. Chapter 4: Amendments relating to non-domiciled status
  39. 19Regulation 19
  40. 20Regulation 20
  41. Chapter 5: Corrections
  42. 21Regulation 21
  43. Part 6: Amendments to the Education (Student Support) (Wales) Regulations 2018
  44. Chapter 1: Introduction
  45. 22Regulation 22
  46. Chapter 2: Amendment relating to Ukraine schemes
  47. 23Regulation 23
  48. Chapter 3: British citizens of Chagossian descent
  49. 24Regulation 24
  50. Chapter 4: Students settled in the United Kingdom during the academic year
  51. 25Regulation 25
  52. 26Regulation 26
  53. 27Regulation 27
  54. 28Regulation 28
  55. 29Regulation 29
  56. Chapter 5: Amendment to disabled student’s grant – sandwich years
  57. 30Regulation 30
  58. Chapter 6: Amendments to grant for travel – care leavers
  59. 31Regulation 31
  60. 32Regulation 32
  61. Chapter 7: Amendment relating to non-domiciled status
  62. 33Regulation 33
  63. Chapter 8: Corrections to the Welsh language text
  64. 34Regulation 34
  65. Part 7: Amendments to the Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 2018
  66. Chapter 1: Introduction
  67. 35Regulation 35
  68. Chapter 2: Amendment relating to Ukraine schemes
  69. 36Regulation 36
  70. Chapter 3: British citizens of Chagossian descent
  71. 37Regulation 37
  72. Chapter 4: Students settled in the United Kingdom during the academic year
  73. 38Regulation 38
  74. 39Regulation 39
  75. Chapter 5: Amendments relating to the KESS 2 Scheme
  76. 40Regulation 40
  77. 41Regulation 41
  78. 42Regulation 42
  79. Part 8: Amendments to the Education (Student Support) (Postgraduate Master’s Degrees) (Wales) Regulations 2019
  80. Chapter 1: Introduction
  81. 43Regulation 43
  82. Chapter 2: Amendment relating to Ukraine schemes
  83. 44Regulation 44
  84. Chapter 3: British citizens of Chagossian descent
  85. 45Regulation 45
  86. Chapter 4: Students settled in the United Kingdom during the academic year
  87. 46Regulation 46
  88. 47Regulation 47
  89. Chapter 5: Amendment relating to non-domiciled status
  90. 48Regulation 48
  91. Chapter 6: Amendments relating to the KESS 2 Scheme
  92. 49Regulation 49
  93. 50Regulation 50
  94. 51Regulation 51
  95. Signature
  96. Explanatory note

1Title and coming into forceI1

(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.

2ApplicationI1

(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.

3I1

The Education (Fees and Awards) (Wales) Regulations 2007f1 are amended in accordance with this Part.

4I1

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

“(a)

under Appendix Ukraine Scheme of the immigration rules, by virtue of any of the following schemes—

(i)

the Ukraine Family Schemef1;

(ii)

the Homes for Ukraine Sponsorship Schemef2;

(iii)

the Ukraine Extension Schemef3;

(iv)

the Ukraine Permission Extension Schemef4;”.

5I1

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)

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.”

6I1

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”.

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10I1

The Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015f1 are amended in accordance with this Part.

11I1

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

“(a)

under Appendix Ukraine Scheme of the immigration rules, by virtue of any of the following schemes—

(i)

the Ukraine Family Schemef1;

(ii)

the Homes for Ukraine Sponsorship Schemef2;

(iii)

the Ukraine Extension Schemef3;

(iv)

the Ukraine Permission Extension Schemef4;”.

12I1

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)

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.”

13I1

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”.

14I1

The Education (Student Support) (Wales) Regulations 2017f1 are amended in accordance with this Part.

15I1

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

“(a)

under Appendix Ukraine Scheme of the immigration rules, by virtue of any of the following schemes—

(i)

the Ukraine Family Schemef1;

(ii)

the Homes for Ukraine Sponsorship Schemef2;

(iii)

the Ukraine Extension Schemef3;

(iv)

the Ukraine Permission Extension Schemef4;”.

16I1

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)”.

17I1

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)”.

18I1

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”.

19I1

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

20I1

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”.

21I1

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”.

22I1

The Education (Student Support) (Wales) Regulations 2018f1 are amended in accordance with this Part.

23I1

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

“(a)

under Appendix Ukraine Scheme of the immigration rules, by virtue of any of the following schemes—

(i)

the Ukraine Family Schemef1;

(ii)

the Homes for Ukraine Sponsorship Schemef2;

(iii)

the Ukraine Extension Schemef3;

(iv)

the Ukraine Permission Extension Schemef4,”.

24I1

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)

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.”

25I1

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

26I1

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

27I1

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”.

28I1

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)”.

29I1

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”.

30I1

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

“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.”

31I1

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”.

32I1

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”.

33I1

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

34I1

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”.

35I1

The Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 2018f1 are amended in accordance with this Part.

36I1

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

“(a)

under Appendix Ukraine Scheme of the immigration rules, by virtue of any of the following schemes—

(i)

the Ukraine Family Schemef1;

(ii)

the Homes for Ukraine Sponsorship Schemef2;

(iii)

the Ukraine Extension Schemef3;

(iv)

the Ukraine Permission Extension Schemef4;”.

37I1

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)

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.”

38I1

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

39I1

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”.

40I1

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

41I1

In regulation 3(3)—

(a)

after sub-paragraph (k) insert “or”;

(b)

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

42I1

In regulation 14—

(a)

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

(b)

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

43I1

The Education (Student Support) (Postgraduate Master’s Degrees) (Wales) Regulations 2019f1 are amended in accordance with this Part.

44I1

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

“(a)

under Appendix Ukraine Scheme of the immigration rules, by virtue of any of the following schemes—

(i)

the Ukraine Family Schemef1;

(ii)

the Homes for Ukraine Sponsorship Schemef2;

(iii)

the Ukraine Extension Schemef3;

(iv)

the Ukraine Permission Extension Schemef4,”.

45I1

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)

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.”

46I1

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

47I1

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”.

48I1

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

49I1

In regulation 10(1), in Exception 9, omit paragraph (e).

50I1

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

51I1

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

Signature

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.