{
  "url": "https://openlegislation.uk/education-student-support-wales-regulations-2018/regulation-10",
  "json_url": "https://openlegislation.uk/education-student-support-wales-regulations-2018/regulation-10.json",
  "legislation": "wsi/2018/191",
  "legislation_title": "The Education (Student Support) (Wales) Regulations 2018",
  "legislation_url": "https://openlegislation.uk/education-student-support-wales-regulations-2018",
  "path": "regulation/10",
  "kind": "regulation",
  "number": "10",
  "heading": "Eligible students - exceptions",
  "text": "(1) A person (“P”) is not an eligible student if any of the following exceptions applies—\nException 1\nWhere the designated course is a full-time course, an award within the meaning of the Education (Mandatory Awards) Regulations 2003 has been bestowed on P in respect of the course.\nException 2\nWhere 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 .\nException 3\nIn respect of P undertaking the designated course, P has been bestowed or paid—\n(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);\n(b) where the course is a part-time course, a healthcare bursary (whether or not calculated by reference to P’s income).\nException 4\nP is in breach of an obligation to repay a student loan.\nException 5\nP has reached the age of 18 and has not ratified an agreement for a student loan made with P when P was under 18.\nException 6\nThe Welsh Ministers think that P's conduct is such that P is not fit to receive support.\nException 7\nP is a prisoner.\nBut P may be an eligible student despite being a prisoner if—\n(a) P's application for support is in respect of the academic year during which P enters or is released from prison,\n(b) P's present course is a full-time end-on course, or\n(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.\nException 8\nThe 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 , 6BA, or 6D.\n(2) In Exception 3, “bursary grant for living costs” is a grant for living costs made available under the NHS Wales Bursary Scheme.\n(3) In Exceptions 4 and 5, “student loan” means a loan made under—\n(a) the Education (Student Loans) Act 1990 ;\n(b) the Education (Scotland) Act 1980;\n(c) the Education (Student Loans) (Northern Ireland) Order 1990 ;\n(d) the Education (Student Support) (Northern Ireland) Order 1998 ;\n(e) regulations made under any of those Acts or Orders;\n(f) these Regulations or any other regulations made under the 1998 Act.\n(4) In these Regulations—\n“healthcare bursary” (“bwrsari iechyd”) means a bursary or award of similar description under—\n(a)section 63(6) of the Health Services and Public Health Act 1968 , but not a payment made out of the Learning Support Fund;\n(b)Article 44 of the Health and Personal Social Services (Northern Ireland) Order 1972 ;\n“Learning Support Fund” (“Cronfa Cymorth Dysgu”) means the fund made available by NHS England to certain students in respect of qualifying healthcare courses;\n...",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "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"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "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"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "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)"
    },
    {
      "type": "M",
      "label": "M1",
      "text": "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."
    },
    {
      "type": "M",
      "label": "M2",
      "text": "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."
    },
    {
      "type": "M",
      "label": "M3",
      "text": "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)."
    },
    {
      "type": "M",
      "label": "M4",
      "text": "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."
    },
    {
      "type": "M",
      "label": "M5",
      "text": "S.I. 1998/1760 (N.I. 14)."
    },
    {
      "type": "M",
      "label": "M6",
      "text": "1968 c.46."
    },
    {
      "type": "M",
      "label": "M7",
      "text": "S.I. 1972/1265 (N.I. 14)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/wsi/2018/191/regulation/10",
    "retrieved_at": "2026-10-28T23:24:02.114980+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}