Regulation 10 Eligible students - exceptions
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—
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);
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—
P's application for support is in respect of the academic year during which P enters or is released from prison,
P's present course is a full-time end-on course, or
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.
In Exception 3, “bursary grant for living costs” is a grant for living costs made available under the NHS Wales Bursary Scheme.
In Exceptions 4 and 5, “student loan” means a loan made under—
the Education (Student Loans) Act 1990 M3;
the Education (Scotland) Act 1980;
the Education (Student Loans) (Northern Ireland) Order 1990 M4;
the Education (Student Support) (Northern Ireland) Order 1998 M5;
regulations made under any of those Acts or Orders;
these Regulations or any other regulations made under the 1998 Act.
In these Regulations—
“healthcare bursary” (“bwrsari iechyd”) means a bursary or award of similar description under—
“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
- M6
- M7