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Regulation 10 Eligible students - exceptions

(1)

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

Exception 1

Where the designated course is a full-time course, an award within the meaning of the Education (Mandatory Awards) Regulations 2003 M1 has been bestowed on P in respect of the course.

Exception 2

Where the designated course is a full-time course, P is eligible for a loan in relation to an academic year of the designated course under the Education (Student Loans) (Northern Ireland) Order 1990 M2.

Exception 3

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

F1(a)

where the course is a full-time course, a healthcare bursary, the amount of which is not calculated by reference to P’s income (unless it is a bursary grant for living costs);

F2(b)

where the course is a part-time course, a healthcare bursary (whether or not calculated by reference to P’s income).

Exception 4

P is in breach of an obligation to repay a student loan.

Exception 5

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

Exception 6

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

Exception 7

P is a prisoner.

But P may be an eligible student despite being a prisoner if—

(a)

P's application for support is in respect of the academic year during which P enters or is released from prison,

(b)

P's present course is a full-time end-on course, or

(c)

P has been authorised by the prison Governor or Director or other appropriate authority to study the present course and P's earliest release date is within 6 years of the first day of the first academic year of the course.

F3Exception 8

The designated course begins on or after 1 January 2028 and the only paragraph or paragraphs in Schedule 2 into which P falls is one or more of paragraphs 5A, 6B F4, 6BA, or 6D.

(2)

In Exception 3, “bursary grant for living costs” is a grant for living costs made available under the NHS Wales Bursary Scheme.

(3)

In Exceptions 4 and 5, “student loan” means a loan made under—

(a)

the Education (Student Loans) Act 1990 M3;

(b)

the Education (Scotland) Act 1980;

(c)

the Education (Student Loans) (Northern Ireland) Order 1990 M4;

(d)

the Education (Student Support) (Northern Ireland) Order 1998 M5;

(e)

regulations made under any of those Acts or Orders;

(f)

these Regulations or any other regulations made under the 1998 Act.

(4)

In these Regulations—

  • “healthcare bursary” (“bwrsari iechyd”) means a bursary or award of similar description under—

    1. (a)

      section 63(6) of the Health Services and Public Health Act 1968 M6, but not a payment made out of the Learning Support Fund;

    2. (b)

      Article 44 of the Health and Personal Social Services (Northern Ireland) Order 1972 M7;

  • “Learning Support Fund” (“Cronfa Cymorth Dysgu”) means the fund made available by NHS England to certain students in respect of qualifying healthcare courses;

  • F5...

Annotations

Textual amendments

F1

Words in reg. 10(1) substituted (4.1.2024) by The Education (Student Finance) (Miscellaneous Amendments) (No. 3) (Wales) Regulations 2023 (S.I. 2023/1349), regs. 1(2), 42(a)(i)

F2

Words in reg. 10(1) substituted (4.1.2024) by The Education (Student Finance) (Miscellaneous Amendments) (No. 3) (Wales) Regulations 2023 (S.I. 2023/1349), regs. 1(2), 42(a)(ii)

F3

Words in reg. 10(1) inserted (with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 116

F4

Word in reg. 10(1) inserted (31.12.2021) by The Education (Student Fees, Awards and Support) (Amendment) (Wales) Regulations 2021 (S.I. 2021/1365), regs. 1(2), 40

F5

Words in reg. 10(4) omitted (4.1.2024) by virtue of The Education (Student Finance) (Miscellaneous Amendments) (No. 3) (Wales) Regulations 2023 (S.I. 2023/1349), regs. 1(2), 42(b)

Marginal citations

M1

S.I. 2003/1994, amended by SI 2004/1038, S.I. 2004/1792, S.I. 2005/2083, S.I. 2005/3137, S.I. 2005/3482, S.I. 2006/930, S.I. 2007/1629, S.I. 2008/1477, S.I. 2010/1142 (W.101), S.I. 2010/1172, S.I. 2011/1043, S.I. 2014/107, S.I. 2016/211 and the Education Act 2005 section 74.

M2

S.I. 1990/1506 (N.I. 11), amended by S.I. 1996/274 (N.I.1), Article 43 and Schedule 5 Part II, S.I. 1996/1918 (N.I. 15), Article 3 and the Schedule and S.I. 1998/258 (N.I. 1), Articles 3 to 6 and revoked, with savings, by SR (NI) 1998 No 306.

M3

1990 c. 6; repealed by the Teaching and Higher Education Act 1998 (c. 30), Schedule 4, with savings see the Teaching and Higher Education Act 1998 (Commencement No. 2 and Transitional Provisions) Order 1998 (S.I. 1998/2004) (C. 46).

M4

S.I. 1990/1506 (N.I. 11) amended by S.I. 1996/274 (N.I. 1), Article 43 and Schedule 5 Part II, S.I. 1996/1918 (N.I. 15), Article 3 and the Schedule and S.I. 1998/258 (N.I. 1), Articles 3 to 6 and revoked, with savings, by SR (NI) 1998 No 306.

M5

S.I. 1998/1760 (N.I. 14).

M6

1968 c.46.

M7

S.I. 1972/1265 (N.I. 14).