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

W.S.I. 2026/3 · Made 13 January 2026

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EDUCATION, WALES

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 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 the 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; 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.

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 (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).

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: Amendments relating to the Netherlands Antilles
  8. 4Regulation 4
  9. 5Regulation 5
  10. Chapter 3: Amendment relating to first day requirements
  11. 6Regulation 6
  12. Chapter 4: Amendments relating to bereaved partners of Gurkha and Hong Kong military unit veterans and their children
  13. 7Regulation 7
  14. Chapter 5: Amendments relating to protected Ukrainian nationals
  15. 8Regulation 8
  16. Part 3: Revocation of the Education (European University Institute) (Wales) Regulations 2014 and consequential revocations and omissions
  17. 9Regulation 9
  18. 10Regulation 10
  19. Part 4: Amendments to the Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015
  20. Chapter 1: Introduction
  21. 11Regulation 11
  22. Chapter 2: Amendments relating to first day requirements
  23. 12Regulation 12
  24. Chapter 3: Amendments relating to the Netherlands Antilles
  25. 13Regulation 13
  26. Chapter 4: Amendments relating to bereaved partners of Gurkha and Hong Kong military unit veterans and their children
  27. 14Regulation 14
  28. Chapter 5: Amendments relating to protected Ukrainian nationals
  29. 15Regulation 15
  30. Part 5: Amendments to the Education (Student Support) (Wales) Regulations 2017
  31. Chapter 1: Introduction
  32. 16Regulation 16
  33. Chapter 2: Amendments relating to college fee loans
  34. 17Regulation 17
  35. 18Regulation 18
  36. 19Regulation 19
  37. 20Regulation 20
  38. Chapter 3: Amendments relating to bereaved partners of Gurkha and Hong Kong military unit veterans and their children
  39. 21Regulation 21
  40. Chapter 4: Amendments relating to protected Ukrainian nationals
  41. 22Regulation 22
  42. 23Regulation 23
  43. Chapter 5: Amendments relating to loans for living costs
  44. 24Regulation 24
  45. 25Regulation 25
  46. Chapter 6: Amendments relating to coronavirus
  47. 26Regulation 26
  48. Part 6: Amendments to the Education (Student Support) (Wales) Regulations 2018
  49. Chapter 1: Introduction
  50. 27Regulation 27
  51. Chapter 2: Amendments relating to college fee loans
  52. 28Regulation 28
  53. 29Regulation 29
  54. 30Regulation 30
  55. 31Regulation 31
  56. 32Regulation 32
  57. Chapter 3: Amendments relating to coronavirus
  58. 33Regulation 33
  59. 34Regulation 34
  60. 35Regulation 35
  61. 36Regulation 36
  62. Chapter 4: Amendment relating to loans for living costs
  63. 37Regulation 37
  64. Chapter 5: Amendments relating to grants for dependants – care leavers
  65. 38Regulation 38
  66. 39Regulation 39
  67. Chapter 6: Amendments relating to bereaved partners of Gurkha and Hong Kong military unit veterans and their children
  68. 40Regulation 40
  69. Chapter 7: Amendments relating to protected Ukrainian nationals
  70. 41Regulation 41
  71. Chapter 8: Amendments relating to the Netherlands Antilles
  72. 42Regulation 42
  73. Part 7: Amendments to the Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 2018
  74. Chapter 1: Introduction
  75. 43Regulation 43
  76. Chapter 2: Amendments relating to bereaved partners of Gurkha and Hong Kong military unit veterans and their children
  77. 44Regulation 44
  78. Chapter 3: Amendments relating to protected Ukrainian nationals
  79. 45Regulation 45
  80. 46Regulation 46
  81. Chapter 4: Amendments relating to protected partners
  82. 47Regulation 47
  83. Chapter 5: Amendments relating to the Netherlands Antilles
  84. 48Regulation 48
  85. Part 8: Amendments to the Education (Student Support) (Postgraduate Master’s Degrees) (Wales) Regulations 2019
  86. Chapter 1: Introduction
  87. 49Regulation 49
  88. Chapter 2: Amendments relating to coronavirus
  89. 50Regulation 50
  90. 51Regulation 51
  91. 52Regulation 52
  92. Chapter 3: Amendment relating to protected partners
  93. 53Regulation 53
  94. Chapter 4: Amendments relating to the Netherlands Antilles
  95. 54Regulation 54
  96. Chapter 5: Amendments relating to bereaved partners of Gurkha and Hong Kong military unit veterans and their children
  97. 55Regulation 55
  98. Chapter 6: Amendments relating to protected Ukrainian nationals
  99. 56Regulation 56
  100. Signature
  101. Explanatory note

1Title and coming into force

(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.

2Application

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.

3

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

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)”.

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.”

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 1997f1 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;”.

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 9.1f1 (Ukraine Family Scheme);

(ii)

paragraph UKR 19.1f2 (Homes for Ukraine Sponsorship Scheme);

(iii)

paragraph UKR 27.1f3 (Ukraine Extension Scheme);

(iv)

paragraph UKR 36.1f4 (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”.

9

The Education (European University Institute) (Wales) Regulations 2014f1 and the Education (European University Institute) (Wales) (Amendment) (EU Exit) Regulations 2021f2 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 2016f1;

(b)

regulations 42 to 45 of the Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2018f2;

(c)

Part 3 of the Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2019f3;

(d)

regulation 3 of the Education (Student Finance) (Amendments to Student Eligibility) (Wales) Regulations 2019f4;

(e)

regulations 6 to 8 of the Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020f5;

(f)

Part 3 of the Education (Student Fees, Awards and Support) (Ordinary Residence) (Wales) Regulations 2021f6;

(g)

regulations 3 to 6 of the Education (Eligibility for Student Support) (Amendment) (Wales) Regulations 2022f7;

(h)

Part 3 of the Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2022f8;

(i)

Part 3 of the Education (Student Finance) (Ukrainian Nationals and Family Members) (Miscellaneous Amendments) (Wales) Regulations 2022f9;

(j)

Part 3 of the Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2023f10;

(k)

Part 3 and regulation 79 of the Education (Student Finance) (Miscellaneous Amendments) (No. 3) (Wales) Regulations 2023f11;

(l)

Part 3 of the Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2024f12;

(m)

Part 3 of the Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2025f13;

(n)

Part 2 of the Education (Student Finance) (Amounts) (Miscellaneous Amendments) (Wales) Regulations 2025f14;

(o)

Part 3 of the Education (Student Finance) (Miscellaneous Amendments) (No. 2) (Wales) Regulations 2025f15.

11

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

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).”

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)”.

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—

“(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;

(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;”.

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”.

16

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

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).

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—

“(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;

(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;”.

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”.

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”.

26

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

27

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

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)”.

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”.

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 2006f1,

(ii)

a Local Health Board established pursuant to section 11 of the National Health Service (Wales) Act 2006f2 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 1978f3,

(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) 2009f4,

(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 2012f5.”

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)”.

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.”

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),”.

42

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

(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, Sint Maarten)”.

43

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

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—

“(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;

(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;”.

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”.

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.”

48

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

(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, Sint Maarten)”.

49

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

50

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

  1. (a)

    “Case 1”, and

  2. (b)

    “Case 2

    1. (a)

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

    2. (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.

53

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

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

12GA

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 support 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.”

54

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

(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, Sint Maarten)”.

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.”

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),”.

Signature

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—

  1. (a)

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

  2. (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”),

  3. (c)

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

  4. (d)

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

  5. (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

  6. (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—

  1. (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,

  2. (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,

  3. (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,

  4. (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,

  5. (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,

  6. (f)

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

  7. (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,

  8. (h)

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

  9. (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

  10. (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.