Regulation 4 Qualifying personI1

A qualifying person, who is specified for the purposes of section 32(9) of the 2022 Act, is a person who—

The conditions are—

• Condition 1

  The person falls within a settled category—

  1. (a)

     on the day on which the first term of the first academic year actually begins, where the academic year is the first academic year of the person’s course, or

  2. (b)

     otherwise, on the first day of an academic year of the person’s course.

• Condition 2

  The person falls within a prescribed category on the first day of an academic year of the person’s course.

The exceptions are—

• Exception 1

  The person is not eligible for support under the 2017 Regulations by reason of regulation 4(3)(c), (d), (e) or (f) of those Regulations.

• Exception 2

  The person is not eligible for support under the 2018 Regulations because they are a person to whom paragraph (a) in Exception 3, Exception 4, Exception 5 or Exception 6 in regulation 10(1) of those Regulations applies.

• Exception 3

  In connection with a course which begins on or after 1 January 2028—

  1. (a)

     the only settled category into which the person falls is paragraph 16, or

  2. (b)

     the only prescribed category into which the person falls is paragraph 19 or 20.

• Exception 4

  The person holds a higher education qualification and a qualifying course being undertaken by the person leads to a qualification which is an equivalent or lower qualification.

  But this exception does not apply in any of the following cases—

  • Case 1

  • Where—

    1. (a)

       the qualifying course is a course of initial teacher training,

    2. (b)

       the duration of the course does not exceed two years (the duration of a part-time course being expressed as its full-time equivalent), and

    3. (c)

       the qualifying person is not a qualified teacher.

  • Case 2

  • Where in respect of any part of a single course—

    1. (a)

       the single course leads to an honours degree being conferred on the qualifying person from an institution in the United Kingdom before the final degree or equivalent qualification, and

    2. (b)

       the only honours degree held by the qualifying person was received as part of that single course.

  • Case 3

    Where the qualifying course is a foundation degree.

  • Case 4

    Where the qualifying course leads to qualification as a social worker, medical doctor, dentist, veterinary surgeon or architect.

• Exception 5

  In connection with a course which began before 1 August 2023, the only prescribed category into which the person falls is paragraph 21.

Where an event occurs in the course of an academic year and as a result a person falls within a settled category or a prescribed category in the course of an academic year, that person is not a qualifying person in respect of the academic year in which the relevant event occurred or any previous academic year.

For the purposes of Exception 4 in paragraph (3), a qualification is an equivalent or lower qualification if—

In this regulation—

• “the 2017 Regulations” (“Rheoliadau 2017”) means the Education (Student Support) (Wales) Regulations 2017^f1;

• “the 2018 Regulations” (“Rheoliadau 2018”) means the Education (Student Support) (Wales) Regulations 2018^f2;

• “equivalent or lower qualification” (“cymhwyster cyfwerth neu is”) means a qualification determined by the Welsh Ministers in accordance with paragraph (5) to be an equivalent or lower qualification;

• “prescribed category” (“categori rhagnodedig”) means one of the categories described—

  1. (a)

     in paragraph 2, 4, 5, 6, 7, 8, 9, 10, 12, 14, 18, 19, 20, 21, 22, 23, 25, 27 or 29 of the Schedule, or

  2. (b)

     in paragraph 11, 13, 15, 17, 24, 26 or 28 of the Schedule where—

     1. (i)

        in connection with a course beginning before 1 August 2021, a person (“A”) was undertaking that course in relation to an academic year beginning before that date,

     2. (ii)

        A is undertaking an academic year of that course or of a course to which A transfers from that course in accordance with regulations made under section 22 of the 1998 Act, and

     3. (iii)

        the course is specified as a qualifying course under regulation 3;

• “qualified teacher” (“athro cymwysedig neu athrawes gymwysedig”) has the meaning given in section 132(1) of the Education Act 2002^f3;

• “settled category” (“categori setledig”) means a category described in paragraph 3 or 16 of the Schedule;

• “single course” (“cwrs sengl”) means a course described in—

  1. (a)

     regulation 5(7) of the 2017 Regulations to which regulation 5(6) of those Regulations applies, or

  2. (b)

     regulation 6(4) of the 2018 Regulations to which regulation 6(3) of those Regulations applies.