The Education (Postgraduate Master’s Degree Loans) (Wales) Regulations 2017

[^key-fdde87aafa9453ca64f2742a9ad48691]: Sum in reg. 12 substituted (with application in accordance with reg. 1(4) of the amending S.I.) by The Education (Postgraduate Master's Degree Loans) (Wales) (Amendment) Regulations 2018 (S.I. 2018/277), regs. 1(3), 4

[^M_F_9f79e197-4bfb-4c21-f46d-98fb362c2cf8]: Word in Sch. 1 para. 2A(1)(d) inserted (31.12.2021) by virtue of The Education (Student Fees, Awards and Support) (Amendment) (Wales) Regulations 2021 (S.I. 2021/1365), regs. 1(2), 30(a)(ii)

Persons granted stateless leave and their family members

4A

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Persons with leave to enter or remain and their family members

Workers, employed persons, self-employed persons and their family members

Persons who are settled in the United Kingdom and have exercised a right of residence elsewhere

EU nationals

Children of Swiss nationals

Children of Turkish workers

Persons with section 67 leave to remain

5A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Workers, employed persons, self-employed persons and their family members

Persons who are settled in the United Kingdom and have exercised a right of residence elsewhere

EU nationals

Children of Swiss nationals

Children of Turkish workers

Protected persons and their family members

4ZA

• (1) A person—

• (a) granted leave to enter or remain as a protected person;

• (b) who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being granted such leave; and

• (c) is ordinarily resident in Wales on the first day of the first academic year of the course.

• (2) A person who—

• (a) is a protected spouse or civil partner;

• (b) on the leave application date, was the spouse or civil partner of a person granted leave to enter or remain as a protected person (by virtue of humanitarian protection under paragraph 339C of the immigration rules or as a stateless person under the immigration rules);

• (c) is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being granted leave to enter or remain in the United Kingdom;

• (d) is ordinarily resident in Wales on the first day of the first academic year of the course.

• (3) A person who—

• (a) is a protected child;

• (b) on the leave application date was—

• (i) under 18 years old; and

• (ii) was the child of a person granted leave to enter or remain as a protected person or, as the case may be, the child of a person who was the spouse or civil partner of the person granted leave to enter or remain as a protected person on that date (by virtue of humanitarian protection under paragraph 339C of the immigration rules, stateless leave under the immigration rules or section 67 of the Immigration Act 2016 and the immigration rules, as the case may be);

• (c) is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being granted leave to enter or remain in the United Kingdom;

• (d) is ordinarily resident in Wales on the first day of the first academic year of the course.

• (4) In this paragraph—

• (a) “leave application date” means the date on which a person (“P”) made an application for leave to enter or remain in the United Kingdom that results in P becoming a person granted leave to enter or remain as a protected person;

• (b) “leave to enter or remain as a protected person” means—

• (i) a person granted leave to enter or remain on the grounds of humanitarian protection under paragraph 339C of the immigration rules;

• (ii) a person granted stateless leave;

• (iii) a person with section 67 leave to remain; or

• (iv) a person with Calais leave;

• (c) “protected child” means—

• (i) a child of—

• (aa) a person who has extant leave to enter or remain on the grounds of humanitarian protection under paragraph 339C of the immigration rules;

• (ab) a person granted stateless leave; or

• (ac) a person with section 67 leave to remain;

• (ii) a child of the spouse or civil partner of—

• (aa) a person who has extant leave to enter or remain on the grounds of humanitarian protection under paragraph 339C of the immigration rules; or

• (ab) a person granted stateless leave;

• (d) “protected spouse or civil partner” means a spouse or civil partner of—

• (i) a person who has extant leave to enter or remain on the grounds of humanitarian protection under paragraph 339C of the immigration rules; or

• (ii) a person granted stateless leave.

Persons granted stateless leave and their family members

Persons with leave to enter or remain and their family members

Persons with section 67 leave to remain

Workers, employed persons, self-employed persons and their family members

Persons who are settled in the United Kingdom and have exercised a right of residence elsewhere

EU nationals

Children of Swiss nationals

Children of Turkish workers

2A

• (1) A person—

• (a) who is settled in the United Kingdom on the day on which the first term of the first academic year actually begins and does not fall within paragraph 3;

• (b) who is attending or undertaking a designated course in Wales;

• (c) who has been ordinarily resident in the territory comprising the United Kingdom, Islands and the Republic of Ireland throughout the three-year period preceding the first day of the first academic year of the course and who has been ordinarily resident in the Republic of Ireland for at least part of that period; ...

• (d) subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, Islands and the Republic of Ireland has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education; and

• (e) who did not move to Wales from the Islands for the purpose of undertaking the designated course, or a course which, disregarding any intervening vacation, the person undertook immediately before undertaking the designated course.

• (2) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, Islands and the Republic of Ireland in accordance with paragraph 1(4).

Persons granted leave to remain as a protected partner and their children

4ZB

• (1) A person—

• (a) granted leave to remain as a protected partner;

• (b) who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being granted such leave; and

• (c) who is ordinarily resident in Wales on the first day of the first academic year of the course.

• (2) A person who—

• (a) is the child of a person granted leave to remain as a protected partner;

• (b) on the leave application date was under 18 years old and was the child of a person granted leave to remain as a protected partner;

• (c) is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being granted leave to remain in the United Kingdom;

• (d) is ordinarily resident in Wales on the first day of the first academic year of the course.

• (3) In this paragraph, “leave application date” means the date on which a person (“P”) made an application for leave to enter or remain in the United Kingdom that results in P becoming a person granted leave to remain as a protected partner.

Persons granted stateless leave and their family members

Persons with leave to enter or remain and their family members

Persons with section 67 leave to remain

Workers, employed persons, self-employed persons and their family members

6A

• (1) A person with protected rights or a frontier worker within the meaning of regulation 3 of the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020, who—

• (a) is—

• (i) an EEA migrant worker or an EEA self-employed person;

• (ii) a Swiss employed person or a Swiss self-employed person;

• (iii) a family member of a person mentioned in sub-paragraph (i) or (ii);

• (iv) an EEA frontier worker or an EEA frontier self-employed person;

• (v) a Swiss frontier employed person or a Swiss frontier self-employed person; or

• (vi) a family member of a person mentioned in sub-paragraph (iv) or (v);

• (b) subject to sub-paragraph (2), is ordinarily resident in Wales on the first day of the first academic year of the course; and

• (c) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course.

• (2) Paragraph (b) of sub-paragraph (1) does not apply where the person applying for support falls within paragraph (a)(iv), (v) or (vi) of sub-paragraph (1).

• (3) In this paragraph, a description of a person in sub-paragraph (1)(a)(i) is to be read as if it includes a relevant person of Northern Ireland who would, if that person were an EEA national or solely an EEA national, be an EEA migrant worker or an EEA self-employed person.

7A

• (1) A person with protected rights who—

• (a) is ordinarily resident in Wales on the first day of the first academic year of the course;

• (b) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and

• (c) is entitled to support by virtue of Article 10 of Regulation (EU) No. 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (“the Workers Regulation”), as it had effect immediately before IP completion day, as extended by the EEA Agreement, as it had effect immediately before IP completion day.

• (2) For the purposes of sub-paragraph (1)(c), in Article 10 of the Workers Regulation—

• (a) the reference to a “national of a Member State” is to be read as including a relevant person of Northern Ireland; and

• (b) the reference to “another Member State” is to be read as including the United Kingdom, and the references to “that State” construed accordingly.

Persons who are settled in the United Kingdom and have exercised a right of residence elsewhere

8A

• (1) A person who—

• (a) is settled in the United Kingdom;

• (b) was ordinarily resident in Wales and settled in the United Kingdom immediately before leaving the United Kingdom and who has exercised a right of residence before IP completion day;

• (c) was ordinarily resident immediately before IP completion day—

• (i) in the territory comprising Gibraltar, the European Economic Area and Switzerland; or

• (ii) in the United Kingdom, where that ordinary residence began after 31 December 2017 immediately following a period of ordinary residence in the territory comprising Gibraltar, the European Economic Area and Switzerland,

and has remained ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the period beginning on IP completion day and ending immediately before the first day of the first academic year of the course;

• (d) is ordinarily resident in the United Kingdom on the day on which the first term of the first academic year actually begins;

• (e) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and

• (f) in a case where the person’s ordinary residence referred to in paragraph (e) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (e).

• (2) For the purposes of this paragraph, a person has exercised a right of residence if that person is a United Kingdom national, a family member of a United Kingdom national for the purposes of Article 7 of Directive 2004/38 (or corresponding purposes under the EEA Agreement or Swiss Agreement) or a person who has the right of permanent residence who in each case has exercised a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA Agreement or Swiss Agreement in a state other than the United Kingdom or, in the case of a person who is settled in the United Kingdom and had the right of permanent residence, if the person has gone to the state within the territory comprising the European Economic Area and Switzerland of which the person is a national or of which the person in relation to whom the person is a family member is a national.

• (3) For the purposes of sub-paragraph (2), a person had the right of permanent residence if they had a right which arose under Directive 2004/38 to reside permanently in the United Kingdom without restriction.

EU nationals etc.

9A

• (1) A person with protected rights—

• (a) who is—

• (i) an EU national on the first day of the first academic year of the course;

• (ii) a family member of a person mentioned in sub-paragraph (i); or

• (iii) a family member of a relevant person of Northern Ireland;

• (b) who is attending or undertaking a designated course in Wales;

• (c) who has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and

• (d) subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.

• (2) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland in accordance with paragraph 1(4).

United Kingdom nationals

9B

• (1) A person—

• (a) who is—

• (i) a United Kingdom national on the first day of the first academic year of the course; or

• (ii) a family member of a person mentioned in sub-paragraph (i);

• (b) who was ordinarily resident immediately before IP completion day—

• (i) in the territory comprising the European Economic Area and Switzerland; or

• (ii) in the United Kingdom, where that ordinary residence began after 31 December 2017 immediately following a period of ordinary residence in the territory comprising the European Economic Area and Switzerland,

and has remained ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the period from IP completion day and ending immediately before the first day of the first academic year of the course;

• (c) who is attending or undertaking a designated course in Wales;

• (d) who has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and

• (e) subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland has not during any part of the period referred to in paragraph (d) been wholly or mainly for the purpose of receiving full-time education.

• (2) Paragraph (e) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland in accordance with paragraph 1(4).

• (3) Where a person (“P”) falls within sub-paragraph (1)(a)(ii), the person in relation to whom P is a family member must also meet the requirements of sub-paragraph (1)(b) and (d).

9C

• (1) A person—

• (a) who is a family member of a person who is a United Kingdom national on the first day of the first academic year of the course;

• (b) who is attending or undertaking a designated course in Wales;

• (c) who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course; ...

• (d) subject to sub-paragraph (2), whose ordinary residence in the United Kingdom and Islands has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education; and

• (e) who did not move to Wales from the Islands for the purpose of undertaking the designated course, or a course which, disregarding any intervening vacation, the person undertook immediately before undertaking the designated course.

• (2) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the United Kingdom and Islands in accordance with paragraph 1(4).

Persons resident in Gibraltar

9D

• (1) A person—

• (a) who is—

• (i) a United Kingdom national who has resident status in Gibraltar granted by the Government of Gibraltar;

• (ii) a family member of a United Kingdom national, where that family member has resident status in Gibraltar granted by the Government of Gibraltar;

• (iii) an EU national who has a right of residence in Gibraltar arising under the EU withdrawal agreement; or

• (iv) a family member of an EU national, where that family member has a right of residence in Gibraltar arising under the EU withdrawal agreement;

• (b) who is attending or undertaking a designated course in Wales;

• (c) who has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and

• (d) subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.

• (2) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland in accordance with paragraph 1(4).

EU nationals ordinarily resident in the United Kingdom and Islands

10A

A person with protected rights who—

• (a) is an EU national on the first day of the first academic year of the course;

• (b) is ordinarily resident in Wales on the first day of the first academic year of the course;

• (c) has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course; and

• (d) in a case where the person’s ordinary residence referred to in sub-paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland immediately prior to the period of ordinary residence referred to in sub-paragraph (c).

Children of Swiss nationals

11A

A person with protected rights who—

• (a) is the child of a Swiss national who is entitled to support in the United Kingdom by virtue of Article 18(2) of the Swiss citizens’ rights agreement;

• (b) is ordinarily resident in Wales on the first day of the first academic year of the course;

• (c) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and

• (d) in a case where the person’s ordinary residence referred to in sub-paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland immediately prior to the period of ordinary residence referred to in sub-paragraph (c).

Children of Turkish workers

12A

A person who—

• (a) is the child of a Turkish worker (“T”) where T was ordinarily resident in the United Kingdom immediately before IP completion day;

• (b) immediately before IP completion day—

• (i) was the child of T; and

• (ii) was ordinarily resident in the United Kingdom;

• (c) is ordinarily resident in Wales on the first day of the first academic year of the course; and

• (d) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area, Switzerland and Turkey throughout the three-year period preceding the first day of the first academic year of the course.

Irish citizens in the EEA and Switzerland

9BA

A person—

• (a) who is an Irish citizen on the first day of the first academic year of the course;

• (b) who was ordinarily resident immediately before IP completion day—

• (i) in the territory comprising the European Economic Area and Switzerland; or

• (ii) in the United Kingdom, where that ordinary residence began after 31 December 2017 immediately following a period of ordinary residence in the territory comprising the European Economic Area and Switzerland,

and has remained ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the period beginning on IP completion day and ending immediately before the first day of the first academic year of the course;

• (c) who is undertaking a designated course in Wales;

• (d) who has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and

• (e) subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland has not during any part of the period referred to in paragraph (d) been wholly or mainly for the purpose of receiving full-time education.

• (2) Paragraph (e) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland in accordance with paragraph 1(4).

Persons resident in Gibraltar

EU nationals ordinarily resident in the United Kingdom and Islands

Children of Swiss nationals

Children of Turkish workers