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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

Up to date with all changes known to legislation.gov.uk, revised to 4 March 2026.

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

  1. Part 1: General
  2. 1Title and commencement
  3. 2Application
  4. Part 2: Overview
  5. 3Overview
  6. Part 3: Interpretation and index
  7. 4Interpretation and index
  8. Part 4: Key concepts
  9. Chapter 1: Designated courses
  10. 5Designated courses
  11. 6Designated courses – conditions
  12. 7Designated courses – exceptions
  13. 8Designation of other courses
  14. Chapter 2: Eligibility
  15. 9Eligible students
  16. 10Eligible students – exceptions
  17. 11Period of eligibility – general rule
  18. 12Early termination of eligibility
  19. 12APersons who cease to have leave to remain under residence scheme immigration rules
  20. 12AARegulation 12AA
  21. 12BRefugees who cease to have leave to remain
  22. 12CPersons who cease to have stateless leave
  23. 12DPersons who cease to have leave to enter or remain
  24. 12EPersons who cease to have humanitarian protection
  25. 12FPersons who cease to have section 67 leave to remain
  26. 12GPersons who cease to have Calais leave
  27. 12GARegulation 12GA
  28. 12HPersons who cease to be protected Ukrainian nationals
  29. 12IPersons who cease to have leave to enter or remain as a relevant Afghan citizen
  30. 12JPersons who cease to have leave to enter or remain as a relevant Afghan citizen
  31. 13Misconduct and failure to provide accurate information
  32. 14Reinstatement of eligibility after termination
  33. 15Students becoming eligible during a course
  34. 16Regulation 16
  35. 17Transfer of status
  36. Part 5: Applications, providing information and loan contracts
  37. 18Requirement to apply for support
  38. 19Time limits
  39. 20Welsh Ministers' decision on an application
  40. 21Regulation 21
  41. 22Requirements on eligible students to provide information
  42. 23Requirement to enter into a contract for a loan
  43. Part 6: Base grant and contribution to costs grant
  44. Chapter 1: Qualifying conditions
  45. 24Base grant and contribution to costs grant
  46. Chapter 2: Base grant
  47. 24AQualifying conditions for base grant
  48. 25Amount of base grant
  49. Chapter 3: Contribution to costs grant
  50. 26Qualifying conditions for contribution to costs grant
  51. 27Amount of contribution to costs grant
  52. 28Household income
  53. 29Meaning of care leaver
  54. Part 7: Contribution to costs loan
  55. 30Contribution to costs loan
  56. 31Amount of contribution to costs loan — courses beginning before 1 August 2024
  57. 31ZAAmount of contribution to costs loan — courses beginning on or after 1 August 2024
  58. 31ARegulation 31A Repealed
  59. Part 8: Payments, Overpayments and Recovery
  60. Chapter 1: Payment following a provisional decision
  61. 32Payment based on provisional assessment
  62. Chapter 2: Payment of grants and loans
  63. 33Payment of grants and loans
  64. 34Confirmation of attendance
  65. 35Absence from the course
  66. 36Effect of becoming, or ceasing to be, an eligible prisoner — courses beginning before 1 August 2024
  67. 36AEffect of becoming, or ceasing to be, an eligible prisoner — courses beginning on or after 1 August 2024
  68. Chapter 3: Overpayments and recovery
  69. 37Overpayments - general
  70. 38Recovery of overpayments of grants
  71. 39Recovery of overpayment of contribution to costs loan
  72. 40Repayment
  73. Part 9: Restrictions relating to contribution to costs loans
  74. 41Requirement to provide national insurance number
  75. 42Information requirements relating to loans
  76. Part 10: Amendments to the Education (Postgraduate Master's Degree Loans) (Wales) Regulations 2017
  77. 43Amendments to the Education (Postgraduate Master's Degree Loans) (Wales) Regulations 2017
  78. 44Regulation 44
  79. 45Regulation 45
  80. 46Regulation 46
  81. 47Regulation 47
  82. 48Regulation 48
  83. Signature
  84. Schedule 1: Interpretation
  85. 1Meaning of academic year
  86. 2Educational institutions
  87. 3Interpretation of other key terms
  88. Schedule 2: Categories of eligible students
  89. 1Category 1 – Persons settled in the United Kingdom
  90. 2Category 2 – Refugees and their family members
  91. 2ACategory 2A - Protected persons and their family members
  92. 2BCategory 2B - Persons granted leave to enter or remain as a protected partner and their children
  93. 2CCategory 2C – Protected Ukrainian nationals
  94. 3Category 3 – Persons granted stateless leave and their family members Repealed
  95. 4Category 4 – Persons with leave to enter or remain and their family members
  96. 5Category 5 – Persons with section 67 leave to remain Repealed
  97. 6Category 6 – Workers, employed persons, self-employed persons and their family members — courses beginning before 1 August 2021
  98. 6ACategory 6A - Workers, employed persons, self-employed persons and their family members with protected rights
  99. 7Category 7 – Persons who are settled in the United Kingdom and have exercised a right of residence elsewhere — courses beginning before 1 August 2021
  100. 7ACategory 7A - Persons who are settled in the United Kingdom and have exercised a right of residence elsewhere
  101. 8Category 8 – EU nationals — courses beginning before 1 August 2021
  102. 8ACategory 8A - EU nationals etc. with protected rights
  103. 8BCategory 8B - United Kingdom nationals
  104. 8BAIrish citizens in the EEA and Switzerland
  105. 8BBParagraph 8BB
  106. 8CCategory 8C – Family members of United Kingdom nationals
  107. 8DCategory 8D - Persons resident in Gibraltar
  108. 9Category 9 – Children of Swiss nationals — courses beginning before 1 August 2021
  109. 9ACategory 9A - Children of Swiss nationals within scope of the Swiss citizens’ rights agreement
  110. 10Category 10 – Children of Turkish workers — courses beginning before 1 August 2021
  111. 10ACategory 10A - Children of Turkish workers
  112. 11Ordinary residence – additional provision
  113. 12Further provision on ordinary residence: care leavers
  114. 13Interpretation
  115. Schedule 3: Calculation of income
  116. Part 1: Introduction
  117. 1Overview of Schedule
  118. Part 2: Household income
  119. 2Household income of an eligible student
  120. 3Calculation of household income
  121. 4Independent eligible students
  122. 5Eligible student's parent dies leaving a surviving parent
  123. 6Separation of eligible student's parents
  124. 7Separation of eligible student's parent or independent eligible student from partner
  125. 8Independent eligible student or partner is a parent of an eligible student
  126. Part 3: Taxable income
  127. 9Taxable income
  128. Part 4: Residual income
  129. Chapter 1: Residual income of an eligible student
  130. 10Calculation of eligible student's residual income
  131. 11Deductions for the purpose of calculating residual income of an eligible student
  132. 12Income of eligible student received in currency other than sterling
  133. Chapter 2: Residual income of persons other than an eligible student
  134. 13Persons to whom this chapter applies
  135. 14Calculation of residual income of persons other than eligible student
  136. 15Deductions for the purpose of calculating residual income of persons other than eligible student
  137. 16Applicable financial years: calculating residual income of persons other than eligible student
  138. 17Income from business or profession
  139. 18Treatment of income not treated as income for income tax purposes
  140. 19P's income in currency other than sterling
  141. Part 5: Interpretation
  142. 20Interpretation
  143. Schedule 4: Index of defined terms
  144. 1Paragraph 1
  145. Explanatory note