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The Education (Student Support) (Wales) Regulations 2018

W.S.I. 2018/191 · Made 14 February 2018 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 31 July 2026.

Education, Wales

Made 14 February 2018

Laid before the National Assembly for Wales 16 February 2018

Coming into force 12 March 2018

The Welsh Ministers, in exercise of powers conferred on the Secretary of State under 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 and S.I. 2013/1881. 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) being exercisable concurrently with the Secretary of State. The Secretary of State's function in section 42 was transferred, in so far as exercisable in relation to Wales, to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999, article 2 Schedule 1 (SI 1999/672). The functions of the National Assembly for Wales were transferred to the Welsh Ministers under paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).

Contents

  1. Part 1: TITLE, COMMENCEMENT AND APPLICATION
  2. 1Title and commencement
  3. 2Application
  4. Part 2: OVERVIEW
  5. 3Regulation 3
  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. Eligible students
  16. 9Eligible students
  17. 10Eligible students - exceptions
  18. 11Eligible students continuing on a course
  19. Period of eligibility
  20. 12Period of eligibility – general rule
  21. 13Part-time courses – no eligibility for years of low intensity study
  22. 14Maximum period of eligibility – tuition fee loans and grants for new students
  23. 15Maximum period of eligibility – tuition fee loans and specified grants for students who undertook a previous course
  24. 16Maximum period of eligibility – tuition fee loans and grants for certain continuing students
  25. 17Maximum period of eligibility – interpretation
  26. 18Extension of maximum period where student receives incorrect notification
  27. Termination of eligibility
  28. 19Early termination of eligibility
  29. 20Misconduct and failure to provide accurate information
  30. 21Reinstatement of eligibility after termination
  31. 22Refugees who cease to have leave to remain
  32. 22APersons who cease to have stateless leave
  33. 23Other persons who cease to have leave to enter or remain
  34. 23APersons who cease to have section 67 leave to remain
  35. 23BPersons who cease to have Calais leave
  36. 23CPersons who cease to have leave to enter or remain as a protected partner
  37. 23DPersons who cease to have leave to remain under residence scheme immigration rules
  38. 23ERegulation 23E
  39. 23FRegulation 23F
  40. 23GRegulation 23G
  41. 23HRegulation 23H
  42. Previous study
  43. 24Full-time students – restrictions on support for honours graduates
  44. 25Part-time students – restrictions on support for graduates
  45. 26Restrictions lifted where incorrect notification received
  46. 27Further restriction on support for part-time students
  47. Transfers and conversions
  48. 28Transfer of status
  49. 29Effect of transfer – tuition fee loans
  50. 30Effect of transfer – grants and maintenance loans
  51. 31Transfers involving conversions between part-time and full-time study
  52. Part 5: APPLICATIONS, PROVIDING INFORMATION AND LOAN CONTRACTS
  53. 32Requirement to apply for support
  54. 33Time limit for making application
  55. 34Welsh Ministers' decision on an application
  56. 34ARegulation 34A
  57. 35Requirements on eligible students to provide information
  58. 36Requirement to enter into a contract for a loan
  59. 37Requirement on academic authority to notify when student leaves course
  60. Part 6: TUITION FEE LOANS
  61. 38Tuition fee loan
  62. 39Qualifying conditions for tuition fee loan
  63. 40Amount of tuition fee loan
  64. 41Applying for a fee loan for less than the maximum amount
  65. 42Further application for tuition fee loan up to maximum amount
  66. Part 7: BASE GRANT AND MAINTENANCE GRANT
  67. Chapter 1: QUALIFYING CONDITIONS
  68. 43Base grant and maintenance grant
  69. 44Qualifying conditions for base grant and maintenance grant
  70. Chapter 2: BASE GRANT
  71. 45Amount of base grant
  72. Chapter 3: MAINTENANCE GRANT
  73. 46Amount of maintenance grant: full-time students
  74. 47Amount of maintenance grant: part-time students
  75. 48Household income
  76. 49Meaning of care leaver
  77. Chapter 4: SPECIAL SUPPORT PAYMENT
  78. 50Special support payment
  79. 51Special support payment: qualifying conditions
  80. 52Maximum amount of maintenance grant treated as special support payment
  81. 8MAINTENANCE LOAN
  82. 53Maintenance loan
  83. 54Qualifying conditions for a maintenance loan
  84. 55Amount of maintenance loan: full-time students
  85. 56Amount of maintenance loan: full-time students who qualify for special support payment
  86. 57Increased maintenance loan for full-time students in extended years
  87. 58Amount of maintenance loan: part-time students
  88. 58AAmount of maintenance loan: part-time students who qualify for special support payment
  89. 59Applying for maintenance loan for less than the maximum amount
  90. 60Further application for maintenance loan up to maximum amount
  91. Part 9: DISABLED STUDENT'S GRANT
  92. 61Disabled student's grant
  93. 62Qualifying conditions for disabled student's grant
  94. 63Amount of disabled student's grant
  95. Part 10: GRANTS FOR TRAVEL
  96. 64Grant for travel
  97. 65Grant for travel for medical students
  98. 66Grant for travel for study or work overseas
  99. 67Grant for travel not payable for expenditure covered by disabled student's grant
  100. Part 11: GRANTS FOR DEPENDANTS
  101. Chapter 1: INTRODUCTION
  102. 68Grants for dependants
  103. 69Qualifying conditions for grants for dependants
  104. 70Interpretation of this Part
  105. Chapter 2: ADULT DEPENDANTS GRANT
  106. 71Adult dependants grant
  107. 72Maximum amount of adult dependants grant
  108. Chapter 3: PARENTS' LEARNING GRANT
  109. 73Parents' learning grant
  110. 74Maximum amount of parents' learning grant
  111. Chapter 4: CHILDCARE GRANT
  112. 75Childcare grant
  113. 76Maximum amount of childcare grant
  114. Chapter 5: AMOUNT OF GRANT FOR DEPENDANTS PAYABLE
  115. 77Grants for dependants: calculating the amount payable
  116. 78Amount of adult dependants grant and childcare grant: eligible student's partner is an eligible student
  117. 79Changes in circumstances
  118. Part 12: QUALIFYING FOR SUPPORT DURING THE ACADEMIC YEAR
  119. 80Qualifying for a tuition fee loan during the academic year
  120. 81Qualifying for grants or maintenance loan during the academic year
  121. Part 13: PAYMENTS, OVERPAYMENTS AND RECOVERY
  122. Chapter 1: PAYMENT FOLLOWING A PROVISIONAL DECISION
  123. 82Payment based on provisional assessment
  124. Chapter 2: PAYMENT OF TUITION FEE LOAN
  125. 83Payment of tuition fee loan
  126. 84Requirements for payment of tuition fee loan
  127. Chapter 3: PAYMENT OF GRANTS AND MAINTENANCE LOANS
  128. 85Payment of grants and maintenance loans
  129. 86Students living in more than one location
  130. 87Confirmation of attendance
  131. 88Determination of amount payable made after payment made
  132. Chapter 4: OVERPAYMENTS AND RECOVERY
  133. 89Overpayments – general
  134. 90Recovery of overpayments of grants
  135. 91Recovery of overpayments of maintenance loans
  136. Part 14: RESTRICTIONS ON PAYMENTS AND AMOUNTS PAYABLE
  137. Chapter 1: RESTRICTIONS RELATING TO GRANTS AND MAINTENANCE LOANS
  138. 92Requirement for payment to be made into bank or building society account
  139. 93Support reduced for periods spent in prison
  140. 94Support reduced for other periods of absence
  141. 95Payments when period of eligibility ends or is terminated
  142. Chapter 2: RESTRICTIONS RELATING TO LOANS
  143. 96Requirement to provide national insurance number
  144. 97Information requirements relating to loans
  145. Part 15: DISABLED POSTGRADUATE STUDENT'S GRANT
  146. 98Regulation 98
  147. Part 16: OXBRIDGE COLLEGE FEE LOANS Repealed
  148. 99Regulation 99 Repealed
  149. Part 17: AMENDMENTS TO THE EDUCATION (STUDENT SUPPORT) (WALES) REGULATIONS 2017
  150. 100Regulation 100
  151. Signature
  152. Schedule 1: Interpretation
  153. 1Meaning of academic year
  154. 2Educational institutions
  155. 2AEducational institutions
  156. 3Location of an eligible student
  157. 4Meaning of Erasmus year
  158. 5Part-time students – calculation of intensity of study
  159. 6Interpretation of other key terms
  160. Schedule 1A: Designated courses
  161. 1Paragraph 1
  162. Schedule 2: Categories of eligible student
  163. 1Category 1 – Persons settled in the United Kingdom
  164. 2Category 2 – Refugees and their family members
  165. 2ZACategory 2ZA - Protected persons and their family members
  166. 2ZBCategory 2ZB - Persons granted leave to enter or remain as a protected partner and their children
  167. 2ZCCategory 2ZC – Protected Ukrainian nationals
  168. 2ACategory 2A - Persons granted stateless leave and their family members Repealed
  169. 3Category 3 – Persons with leave to enter or remain and their family members
  170. 3ACategory 3A – Persons with section 67 leave to remain Repealed
  171. 4Category 4 – Workers, employed persons, self-employed persons and their family members — courses beginning before 1 August 2021
  172. 4ACategory 4A - Workers, employed persons, self-employed persons and their family members with protected rights
  173. 5Category 5 – Persons who are settled in the United Kingdom and have exercised a right of residence elsewhere — courses beginning before 1 August 2021
  174. 5ACategory 5A - Persons who are settled in the United Kingdom and have exercised a right of residence elsewhere
  175. 6Category 6 – EU nationals — courses beginning before 1 August 2021
  176. 6ACategory 6A - EU nationals etc. with protected rights
  177. 6BCategory 6B - United Kingdom nationals
  178. 6BAIrish citizens in the EEA and Switzerland
  179. 6BBCategory 6BB – Settled persons from the British overseas territories
  180. 6CCategory 6C – Family members of United Kingdom nationals
  181. 6DCategory 6D - Persons resident in Gibraltar
  182. 7Category 7 – Children of Swiss nationals — courses beginning before 1 August 2021
  183. 7ACategory 7A - Children of Swiss nationals within scope of the Swiss citizens’ rights agreement
  184. 8Category 8 – Children of Turkish workers — courses beginning before 1 August 2021
  185. 8ACategory 8A - Children of Turkish workers
  186. 9Ordinary residence – additional provision
  187. 10Further provision on ordinary residence: care leavers
  188. 11Interpretation
  189. Schedule 2A: Relevant courses for protected students
  190. 1Paragraph 1
  191. Schedule 3: Calculation of income
  192. Part 1: Introduction
  193. 1Overview of Schedule
  194. Part 2: Household income
  195. 2Household income of eligible student
  196. 3Calculation of household income
  197. 4Independent eligible students
  198. 5Eligible student's parent dies leaving a surviving parent
  199. 6Separation of eligible student's parents
  200. 7Separation of eligible student's parent or independent eligible student from partner
  201. 8Independent eligible student or partner is a parent of an eligible student
  202. Part 3: Taxable income
  203. 9Taxable income
  204. Part 4: Residual income
  205. Chapter 1: Residual income of an eligible student
  206. 10Calculation of eligible student's residual income
  207. 11Deductions for the purpose of calculating residual income of an eligible student
  208. 12Income of eligible student received in currency other than sterling
  209. Chapter 2: Residual income of persons other than an eligible student
  210. 13Persons to whom this chapter applies
  211. 14Calculation of residual income of persons other than eligible student
  212. 15Deductions for the purpose of calculating residual income of persons other than eligible student
  213. 16Applicable financial years: calculating residual income of persons other than eligible student
  214. 17Income from business or profession
  215. 18Treatment of income not treated as income for income tax purposes
  216. 19P's income in currency other than sterling
  217. Part 5: Net income of dependants
  218. 20Net income of dependants
  219. 21Net income
  220. 22Applicable financial years: calculating net income of an eligible student's dependent children
  221. Part 6: Interpretation
  222. 23Interpretation
  223. Schedule 4: Disabled postgraduate student's grant
  224. 1Disabled postgraduate student's grant
  225. 2Designated postgraduate courses
  226. 3Designation of other postgraduate courses
  227. 4Eligible postgraduate students
  228. 5Paragraph 5
  229. 6Eligible postgraduate students continuing on a course
  230. 7Period of eligibility
  231. 8Part-time courses – no eligibility for years of low intensity study
  232. 9Early termination of eligibility
  233. 10Termination due to misconduct or failure to provide accurate information
  234. 11Reinstatement of eligibility after termination
  235. 12Refugees who cease to have leave to remain
  236. 12APersons who cease to have stateless leave
  237. 13Other persons who cease to have leave to enter or remain
  238. 13APersons who cease to have section 67 leave to remain
  239. 13BPerson who ceases to have Calais leave
  240. 13CPersons who cease to have leave to remain as a protected partner
  241. 13DPersons who cease to have leave to remain under residence scheme immigration rules
  242. 13EParagraph 13E
  243. 13FParagraph 13F
  244. 13GParagraph 13G
  245. 13HParagraph 13H
  246. 14Becoming eligible during an academic year
  247. 15Transferring between postgraduate courses
  248. 16Effect of transfer
  249. 17Applications and decisions
  250. 18Paragraph 18
  251. 19Requirements on eligible postgraduate students to provide information
  252. 20Amount of disabled postgraduate student's grant
  253. 21Payment
  254. 22Overpayments
  255. Schedule 5: Oxbridge college fee loans Repealed
  256. 1Oxbridge college fee loans Repealed
  257. 2Designated Oxbridge courses Repealed
  258. 3Eligible Oxbridge students Repealed
  259. 4Students becoming eligible during the course of an academic year Repealed
  260. 5Period of eligibility Repealed
  261. 6Amount of the college fee loan Repealed
  262. 7Transfers Repealed
  263. 8Payment Repealed
  264. 9Requirement to provide national insurance number Repealed
  265. 10Information requirements and agreements for repayment Repealed
  266. 11Overpayment Repealed
  267. Schedule 5AHigher Education Classification of Subjects Course Codes and Labels
  268. Schedule 6: Amendments to the Education (Student Support) (Wales) Regulations 2017
  269. 1Paragraph 1
  270. 2Paragraph 2
  271. 3Paragraph 3
  272. 4Paragraph 4
  273. 5Paragraph 5
  274. 6Paragraph 6
  275. 7Paragraph 7
  276. 8Paragraph 8
  277. 9Paragraph 9
  278. 10Paragraph 10
  279. 11Paragraph 11
  280. 12Paragraph 12
  281. 13Paragraph 13
  282. 14Paragraph 14
  283. 15Paragraph 15
  284. Schedule 7: Index of defined terms
  285. 1Paragraph 1
  286. Explanatory note