The Education (Student Support) (Postgraduate Master's Degrees) (Wales) Regulations 2019
W.S.I. 2019/895 · Made 29 April 2019 · Extends to England and Wales
Education, Wales
Made 29 April 2019
Laid before the National Assembly for Wales 30 April 2019
Coming into force 27 May 2019
The Welsh Ministers, in exercise of the powers conferred upon the Secretary of State by sections 22 and 42(6) of the Teaching and Higher Education Act 1998 M1, and now exercisable by them M2, make the following Regulations:
Annotations to the whole text
Marginal citations
- M1
1998 c. 30; section 22 was amended by the Learning and Skills Act 2000 (c. 21), section 146 and Schedule 11; the Income Tax (Earnings and Pensions) Act 2003 (c. 1), Schedule 6; the Finance Act 2003 (c. 14), section 147; the Higher Education Act 2004 (c. 8), sections 42 and 43 and Schedule 7; the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), section 257; the Education Act 2011 (c. 21), section 76; S.I. 2013/1181 and the Higher Education and Research Act 2017 (c. 29), section 88. See section 43(1) of the Teaching and Higher Education Act 1998 for the definition of “prescribed” and “regulations”.
- M2
The Secretary of State's functions in section 22(2)(a) to (i) and (k) were transferred to the National Assembly for Wales so far as they relate to making provision in relation to Wales by section 44 of the Higher Education Act 2004 (c. 8), with subsections (a), (c) and (k) exercisable concurrently with the Secretary of State. The Secretary of State's function in section 42 was transferred, so far as exercisable in relation to Wales, to the National Assembly for Wales by S.I. 1999/672. The functions of the National Assembly for Wales were transferred to the Welsh Ministers by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).
Contents
- Part 1: General
- 1Title and commencement
- 2Application
- Part 2: Overview
- 3Overview
- Part 3: Interpretation and index
- 4Interpretation and index
- Part 4: Key concepts
- Chapter 1: Designated courses
- 5Designated courses
- 6Designated courses – conditions
- 7Designated courses – exceptions
- 8Designation of other courses
- Chapter 2: Eligibility
- 9Eligible students
- 10Eligible students – exceptions
- 11Period of eligibility – general rule
- 12Early termination of eligibility
- 12APersons who cease to have leave to remain under residence scheme immigration rules
- 12AARegulation 12AA
- 12BRefugees who cease to have leave to remain
- 12CPersons who cease to have stateless leave
- 12DPersons who cease to have leave to enter or remain
- 12EPersons who cease to have humanitarian protection
- 12FPersons who cease to have section 67 leave to remain
- 12GPersons who cease to have Calais leave
- 12GARegulation 12GA
- 12HPersons who cease to be protected Ukrainian nationals
- 12IPersons who cease to have leave to enter or remain as a relevant Afghan citizen
- 12JPersons who cease to have leave to enter or remain as a relevant Afghan citizen
- 13Misconduct and failure to provide accurate information
- 14Reinstatement of eligibility after termination
- 15Students becoming eligible during a course
- 16Regulation 16
- 17Transfer of status
- Part 5: Applications, providing information and loan contracts
- 18Requirement to apply for support
- 19Time limits
- 20Welsh Ministers' decision on an application
- 21Regulation 21
- 22Requirements on eligible students to provide information
- 23Requirement to enter into a contract for a loan
- Part 6: Base grant and contribution to costs grant
- Chapter 1: Qualifying conditions
- 24Base grant and contribution to costs grant
- Chapter 2: Base grant
- 24AQualifying conditions for base grant
- 25Amount of base grant
- Chapter 3: Contribution to costs grant
- 26Qualifying conditions for contribution to costs grant
- 27Amount of contribution to costs grant
- 28Household income
- 29Meaning of care leaver
- Part 7: Contribution to costs loan
- 30Contribution to costs loan
- 31Amount of contribution to costs loan — courses beginning before 1 August 2024
- 31ZAAmount of contribution to costs loan — courses beginning on or after 1 August 2024
- 31ARegulation 31A Repealed
- Part 8: Payments, Overpayments and Recovery
- Chapter 1: Payment following a provisional decision
- 32Payment based on provisional assessment
- Chapter 2: Payment of grants and loans
- 33Payment of grants and loans
- 34Confirmation of attendance
- 35Absence from the course
- 36Effect of becoming, or ceasing to be, an eligible prisoner — courses beginning before 1 August 2024
- 36AEffect of becoming, or ceasing to be, an eligible prisoner — courses beginning on or after 1 August 2024
- Chapter 3: Overpayments and recovery
- 37Overpayments - general
- 38Recovery of overpayments of grants
- 39Recovery of overpayment of contribution to costs loan
- 40Repayment
- Part 9: Restrictions relating to contribution to costs loans
- 41Requirement to provide national insurance number
- 42Information requirements relating to loans
- Part 10: Amendments to the Education (Postgraduate Master's Degree Loans) (Wales) Regulations 2017
- 43Amendments to the Education (Postgraduate Master's Degree Loans) (Wales) Regulations 2017
- 44Regulation 44
- 45Regulation 45
- 46Regulation 46
- 47Regulation 47
- 48Regulation 48
- Signature
- Schedule 1: Interpretation
- 1Meaning of academic year
- 2Educational institutions
- 3Interpretation of other key terms
- Schedule 2: Categories of eligible students
- 1Category 1 – Persons settled in the United Kingdom
- 2Category 2 – Refugees and their family members
- 2ACategory 2A - Protected persons and their family members
- 2BCategory 2B - Persons granted leave to enter or remain as a protected partner and their children
- 2CCategory 2C – Protected Ukrainian nationals
- 3Category 3 – Persons granted stateless leave and their family members Repealed
- 4Category 4 – Persons with leave to enter or remain and their family members
- 5Category 5 – Persons with section 67 leave to remain Repealed
- 6Category 6 – Workers, employed persons, self-employed persons and their family members — courses beginning before 1 August 2021
- 6ACategory 6A - Workers, employed persons, self-employed persons and their family members with protected rights
- 7Category 7 – Persons who are settled in the United Kingdom and have exercised a right of residence elsewhere — courses beginning before 1 August 2021
- 7ACategory 7A - Persons who are settled in the United Kingdom and have exercised a right of residence elsewhere
- 8Category 8 – EU nationals — courses beginning before 1 August 2021
- 8ACategory 8A - EU nationals etc. with protected rights
- 8BCategory 8B - United Kingdom nationals
- 8BAIrish citizens in the EEA and Switzerland
- 8BBParagraph 8BB
- 8CCategory 8C – Family members of United Kingdom nationals
- 8DCategory 8D - Persons resident in Gibraltar
- 9Category 9 – Children of Swiss nationals — courses beginning before 1 August 2021
- 9ACategory 9A - Children of Swiss nationals within scope of the Swiss citizens’ rights agreement
- 10Category 10 – Children of Turkish workers — courses beginning before 1 August 2021
- 10ACategory 10A - Children of Turkish workers
- 11Ordinary residence – additional provision
- 12Further provision on ordinary residence: care leavers
- 13Interpretation
- Schedule 3: Calculation of income
- Part 1: Introduction
- 1Overview of Schedule
- Part 2: Household income
- 2Household income of an eligible student
- 3Calculation of household income
- 4Independent eligible students
- 5Eligible student's parent dies leaving a surviving parent
- 6Separation of eligible student's parents
- 7Separation of eligible student's parent or independent eligible student from partner
- 8Independent eligible student or partner is a parent of an eligible student
- Part 3: Taxable income
- 9Taxable income
- Part 4: Residual income
- Chapter 1: Residual income of an eligible student
- 10Calculation of eligible student's residual income
- 11Deductions for the purpose of calculating residual income of an eligible student
- 12Income of eligible student received in currency other than sterling
- Chapter 2: Residual income of persons other than an eligible student
- 13Persons to whom this chapter applies
- 14Calculation of residual income of persons other than eligible student
- 15Deductions for the purpose of calculating residual income of persons other than eligible student
- 16Applicable financial years: calculating residual income of persons other than eligible student
- 17Income from business or profession
- 18Treatment of income not treated as income for income tax purposes
- 19P's income in currency other than sterling
- Part 5: Interpretation
- 20Interpretation
- Schedule 4: Index of defined terms
- 1Paragraph 1
- Explanatory note