The Education (Student Support) (Wales) Regulations 2018
W.S.I. 2018/191 · Made 14 February 2018 · Extends to England and Wales
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
- Part 1: TITLE, COMMENCEMENT AND APPLICATION
- 1Title and commencement
- 2Application
- Part 2: OVERVIEW
- 3Regulation 3
- 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
- Eligible students
- 9Eligible students
- 10Eligible students - exceptions
- 11Eligible students continuing on a course
- Period of eligibility
- 12Period of eligibility – general rule
- 13Part-time courses – no eligibility for years of low intensity study
- 14Maximum period of eligibility – tuition fee loans and grants for new students
- 15Maximum period of eligibility – tuition fee loans and specified grants for students who undertook a previous course
- 16Maximum period of eligibility – tuition fee loans and grants for certain continuing students
- 17Maximum period of eligibility – interpretation
- 18Extension of maximum period where student receives incorrect notification
- Termination of eligibility
- 19Early termination of eligibility
- 20Misconduct and failure to provide accurate information
- 21Reinstatement of eligibility after termination
- 22Refugees who cease to have leave to remain
- 22APersons who cease to have stateless leave
- 23Other persons who cease to have leave to enter or remain
- 23APersons who cease to have section 67 leave to remain
- 23BPersons who cease to have Calais leave
- 23CPersons who cease to have leave to enter or remain as a protected partner
- 23DPersons who cease to have leave to remain under residence scheme immigration rules
- 23ERegulation 23E
- 23FRegulation 23F
- 23GRegulation 23G
- 23HRegulation 23H
- Previous study
- 24Full-time students – restrictions on support for honours graduates
- 25Part-time students – restrictions on support for graduates
- 26Restrictions lifted where incorrect notification received
- 27Further restriction on support for part-time students
- Transfers and conversions
- 28Transfer of status
- 29Effect of transfer – tuition fee loans
- 30Effect of transfer – grants and maintenance loans
- 31Transfers involving conversions between part-time and full-time study
- Part 5: APPLICATIONS, PROVIDING INFORMATION AND LOAN CONTRACTS
- 32Requirement to apply for support
- 33Time limit for making application
- 34Welsh Ministers' decision on an application
- 34ARegulation 34A
- 35Requirements on eligible students to provide information
- 36Requirement to enter into a contract for a loan
- 37Requirement on academic authority to notify when student leaves course
- Part 6: TUITION FEE LOANS
- 38Tuition fee loan
- 39Qualifying conditions for tuition fee loan
- 40Amount of tuition fee loan
- 41Applying for a fee loan for less than the maximum amount
- 42Further application for tuition fee loan up to maximum amount
- Part 7: BASE GRANT AND MAINTENANCE GRANT
- Chapter 1: QUALIFYING CONDITIONS
- 43Base grant and maintenance grant
- 44Qualifying conditions for base grant and maintenance grant
- Chapter 2: BASE GRANT
- 45Amount of base grant
- Chapter 3: MAINTENANCE GRANT
- 46Amount of maintenance grant: full-time students
- 47Amount of maintenance grant: part-time students
- 48Household income
- 49Meaning of care leaver
- Chapter 4: SPECIAL SUPPORT PAYMENT
- 50Special support payment
- 51Special support payment: qualifying conditions
- 52Maximum amount of maintenance grant treated as special support payment
- 8MAINTENANCE LOAN
- 53Maintenance loan
- 54Qualifying conditions for a maintenance loan
- 55Amount of maintenance loan: full-time students
- 56Amount of maintenance loan: full-time students who qualify for special support payment
- 57Increased maintenance loan for full-time students in extended years
- 58Amount of maintenance loan: part-time students
- 58AAmount of maintenance loan: part-time students who qualify for special support payment
- 59Applying for maintenance loan for less than the maximum amount
- 60Further application for maintenance loan up to maximum amount
- Part 9: DISABLED STUDENT'S GRANT
- 61Disabled student's grant
- 62Qualifying conditions for disabled student's grant
- 63Amount of disabled student's grant
- Part 10: GRANTS FOR TRAVEL
- 64Grant for travel
- 65Grant for travel for medical students
- 66Grant for travel for study or work overseas
- 67Grant for travel not payable for expenditure covered by disabled student's grant
- Part 11: GRANTS FOR DEPENDANTS
- Chapter 1: INTRODUCTION
- 68Grants for dependants
- 69Qualifying conditions for grants for dependants
- 70Interpretation of this Part
- Chapter 2: ADULT DEPENDANTS GRANT
- 71Adult dependants grant
- 72Maximum amount of adult dependants grant
- Chapter 3: PARENTS' LEARNING GRANT
- 73Parents' learning grant
- 74Maximum amount of parents' learning grant
- Chapter 4: CHILDCARE GRANT
- 75Childcare grant
- 76Maximum amount of childcare grant
- Chapter 5: AMOUNT OF GRANT FOR DEPENDANTS PAYABLE
- 77Grants for dependants: calculating the amount payable
- 78Amount of adult dependants grant and childcare grant: eligible student's partner is an eligible student
- 79Changes in circumstances
- Part 12: QUALIFYING FOR SUPPORT DURING THE ACADEMIC YEAR
- 80Qualifying for a tuition fee loan during the academic year
- 81Qualifying for grants or maintenance loan during the academic year
- Part 13: PAYMENTS, OVERPAYMENTS AND RECOVERY
- Chapter 1: PAYMENT FOLLOWING A PROVISIONAL DECISION
- 82Payment based on provisional assessment
- Chapter 2: PAYMENT OF TUITION FEE LOAN
- 83Payment of tuition fee loan
- 84Requirements for payment of tuition fee loan
- Chapter 3: PAYMENT OF GRANTS AND MAINTENANCE LOANS
- 85Payment of grants and maintenance loans
- 86Students living in more than one location
- 87Confirmation of attendance
- 88Determination of amount payable made after payment made
- Chapter 4: OVERPAYMENTS AND RECOVERY
- 89Overpayments – general
- 90Recovery of overpayments of grants
- 91Recovery of overpayments of maintenance loans
- Part 14: RESTRICTIONS ON PAYMENTS AND AMOUNTS PAYABLE
- Chapter 1: RESTRICTIONS RELATING TO GRANTS AND MAINTENANCE LOANS
- 92Requirement for payment to be made into bank or building society account
- 93Support reduced for periods spent in prison
- 94Support reduced for other periods of absence
- 95Payments when period of eligibility ends or is terminated
- Chapter 2: RESTRICTIONS RELATING TO LOANS
- 96Requirement to provide national insurance number
- 97Information requirements relating to loans
- Part 15: DISABLED POSTGRADUATE STUDENT'S GRANT
- 98Regulation 98
- Part 16: OXBRIDGE COLLEGE FEE LOANS Repealed
- 99Regulation 99 Repealed
- Part 17: AMENDMENTS TO THE EDUCATION (STUDENT SUPPORT) (WALES) REGULATIONS 2017
- 100Regulation 100
- Signature
- Schedule 1: Interpretation
- 1Meaning of academic year
- 2Educational institutions
- 2AEducational institutions
- 3Location of an eligible student
- 4Meaning of Erasmus year
- 5Part-time students – calculation of intensity of study
- 6Interpretation of other key terms
- Schedule 1A: Designated courses
- 1Paragraph 1
- Schedule 2: Categories of eligible student
- 1Category 1 – Persons settled in the United Kingdom
- 2Category 2 – Refugees and their family members
- 2ZACategory 2ZA - Protected persons and their family members
- 2ZBCategory 2ZB - Persons granted leave to enter or remain as a protected partner and their children
- 2ZCCategory 2ZC – Protected Ukrainian nationals
- 2ACategory 2A - Persons granted stateless leave and their family members Repealed
- 3Category 3 – Persons with leave to enter or remain and their family members
- 3ACategory 3A – Persons with section 67 leave to remain Repealed
- 4Category 4 – Workers, employed persons, self-employed persons and their family members — courses beginning before 1 August 2021
- 4ACategory 4A - Workers, employed persons, self-employed persons and their family members with protected rights
- 5Category 5 – Persons who are settled in the United Kingdom and have exercised a right of residence elsewhere — courses beginning before 1 August 2021
- 5ACategory 5A - Persons who are settled in the United Kingdom and have exercised a right of residence elsewhere
- 6Category 6 – EU nationals — courses beginning before 1 August 2021
- 6ACategory 6A - EU nationals etc. with protected rights
- 6BCategory 6B - United Kingdom nationals
- 6BAIrish citizens in the EEA and Switzerland
- 6BBCategory 6BB – Settled persons from the British overseas territories
- 6CCategory 6C – Family members of United Kingdom nationals
- 6DCategory 6D - Persons resident in Gibraltar
- 7Category 7 – Children of Swiss nationals — courses beginning before 1 August 2021
- 7ACategory 7A - Children of Swiss nationals within scope of the Swiss citizens’ rights agreement
- 8Category 8 – Children of Turkish workers — courses beginning before 1 August 2021
- 8ACategory 8A - Children of Turkish workers
- 9Ordinary residence – additional provision
- 10Further provision on ordinary residence: care leavers
- 11Interpretation
- Schedule 2A: Relevant courses for protected students
- 1Paragraph 1
- Schedule 3: Calculation of income
- Part 1: Introduction
- 1Overview of Schedule
- Part 2: Household income
- 2Household income of 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: Net income of dependants
- 20Net income of dependants
- 21Net income
- 22Applicable financial years: calculating net income of an eligible student's dependent children
- Part 6: Interpretation
- 23Interpretation
- Schedule 4: Disabled postgraduate student's grant
- 1Disabled postgraduate student's grant
- 2Designated postgraduate courses
- 3Designation of other postgraduate courses
- 4Eligible postgraduate students
- 5Paragraph 5
- 6Eligible postgraduate students continuing on a course
- 7Period of eligibility
- 8Part-time courses – no eligibility for years of low intensity study
- 9Early termination of eligibility
- 10Termination due to misconduct or failure to provide accurate information
- 11Reinstatement of eligibility after termination
- 12Refugees who cease to have leave to remain
- 12APersons who cease to have stateless leave
- 13Other persons who cease to have leave to enter or remain
- 13APersons who cease to have section 67 leave to remain
- 13BPerson who ceases to have Calais leave
- 13CPersons who cease to have leave to remain as a protected partner
- 13DPersons who cease to have leave to remain under residence scheme immigration rules
- 13EParagraph 13E
- 13FParagraph 13F
- 13GParagraph 13G
- 13HParagraph 13H
- 14Becoming eligible during an academic year
- 15Transferring between postgraduate courses
- 16Effect of transfer
- 17Applications and decisions
- 18Paragraph 18
- 19Requirements on eligible postgraduate students to provide information
- 20Amount of disabled postgraduate student's grant
- 21Payment
- 22Overpayments
- Schedule 5: Oxbridge college fee loans Repealed
- 1Oxbridge college fee loans Repealed
- 2Designated Oxbridge courses Repealed
- 3Eligible Oxbridge students Repealed
- 4Students becoming eligible during the course of an academic year Repealed
- 5Period of eligibility Repealed
- 6Amount of the college fee loan Repealed
- 7Transfers Repealed
- 8Payment Repealed
- 9Requirement to provide national insurance number Repealed
- 10Information requirements and agreements for repayment Repealed
- 11Overpayment Repealed
- Schedule 5AHigher Education Classification of Subjects Course Codes and Labels
- Schedule 6: Amendments to the Education (Student Support) (Wales) Regulations 2017
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- Schedule 7: Index of defined terms
- 1Paragraph 1
- Explanatory note