Regulation 10 Eligible students – exceptionsI1

A person (“P”) is not an eligible student if any of the following exceptions applies—

• Exception 1

  P is in breach of any obligation to repay any loan.

• Exception 2

  P has reached the age of 18 and has not ratified any agreement for a loan made with P when P was under the age of 18.

• Exception 3

  The Welsh Ministers think that P's conduct is such that P is not fit to receive support.

• Exception 4

  P is a prisoner, unless P is an eligible prisoner.

• Exception 5

  P is enrolled on a course which is a designated course under—

  1. (a)

     regulation 5, 66 or 83 of the 2017 Student Support Regulations and is receiving support under those Regulations for that course;

  2. (b)

     regulation 5 of the 2018 Student Support Regulations and is receiving support under those Regulations for that course;

  3. (c)

     regulation 4 of the 2017 Master's Degree Loans Regulations and is receiving support under those Regulations for that course;

  4. (d)

     regulation 4 of the 2018 Doctoral Degree Loans Regulations and is receiving support under those Regulations for that course.

• Exception 6

  P has already obtained an equivalent or higher qualification.

• Exception 7

  P has already enrolled on a designated course and is in receipt of support under these Regulations for that course.

• Exception 8

  P has previously received support in respect of a course—

  1. (a)

     under these Regulations,

  2. (b)

     under the 2017 Master's Degree Loans Regulations, or

  3. (c)

     in the form of a loan provided out of funds provided by a government authority within the United Kingdom.

  But P may be an eligible student despite this exception if the Welsh Ministers are of the view that P had not been able to complete the course to which the previous loan related due to compelling personal reasons.

• Exception 9

  In respect of P undertaking the designated course, there has been bestowed on or paid to P—

  1. (a)

     a healthcare bursary;

  2. (b)

     F1...

  3. (c)

     any allowance, bursary or award of similar description made under section 67(4)(a) of the Care Standards Act 2000 M1 F2, or under section 46 of the Children and Social Work Act 2017, save to the extent that P is eligible for such a payment in respect of travel expenses;

  4. (d)

     F3...

  5. (e)

     F4...

• F5Exception 9A

  In respect of P undertaking the designated course, there has been bestowed on or paid to P any allowance, bursary or award of a similar description made under section 116(2)(a) of the Regulation and Inspection of Social Care (Wales) Act 2016 F6...

• Exception 10

  The designated course is a distance learning course and P is not in Wales on the first day of the first academic year of the course.

  But this exception does not apply where—

  • F7...

    1. (a)

       P or a close relative of P is a member of the armed forces,

    2. (b)

       P is not in Wales on the first day of the first academic year, and

    3. (c)

       P is not in Wales on that day because P or the close relative is serving as a member of the armed forces outside WalesF8; or

  • F9...

• F10Exception 11

  P is aged 60 or over on the first day of the first academic year of the designated course.

• F11 Exception 12

  The designated course begins on or after 1 January 2028 and the only paragraph or paragraphs of Schedule 2 into which P falls is one or more of paragraphs 7A, 8B F12, 8BA or 8D.

In Exceptions 1 and 2, “loan” means a loan made under any provision of the student loans legislation.

The Welsh Ministers may only exercise their discretion under Exception 8 once in respect of a particular student.