# The Education (Student Support) (Wales) Regulations 2018, 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 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 .
Exception 3
In respect of P undertaking the designated course, P has been bestowed or paid—
(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);
(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.
Exception 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 , 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 ;
(b) the Education (Scotland) Act 1980;
(c) the Education (Student Loans) (Northern Ireland) Order 1990 ;
(d) the Education (Student Support) (Northern Ireland) Order 1998 ;
(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—
(a)section 63(6) of the Health Services and Public Health Act 1968 , but not a payment made out of the Learning Support Fund;
(b)Article 44 of the Health and Personal Social Services (Northern Ireland) Order 1972 ;
“Learning Support Fund” (“Cronfa Cymorth Dysgu”) means the fund made available by NHS England to certain students in respect of qualifying healthcare courses;
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Source: https://www.legislation.gov.uk/wsi/2018/191/regulation/10 (the official version)
Page: https://openlegislation.uk/education-student-support-wales-regulations-2018/regulation-10
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.