The Education (Student Support) (Wales) Regulations 2018

Made: 14 February 2018

Laid before the National Assembly for Wales: 16 February 2018

Coming into force: 12 March 2018

The Welsh Ministers, in exercise of powers conferred on the Secretary of State under sections 22 and 42(6) of the Teaching and Higher Education Act 1998 and now exercisable by them , make the following Regulations:

PART 1 — TITLE, COMMENCEMENT AND APPLICATION

Title and commencement

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• (1) The title of these Regulations is the Education (Student Support) (Wales) Regulations 2018.

• (2) These Regulations come into force on 12 March 2018.

Application

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• (1) These Regulations apply in relation to Wales.

• (2) These Regulations apply to the provision of support to students in relation to a course which begins on or after 1 August 2018 regardless of whether anything done under these Regulations is done before, on or after 1 August 2018.

• (3) But these Regulations do not apply to the provision of support to students in relation to such a course if—

• (a) the course is one in relation to which the student's status has transferred under regulation 8, 75, 102 or 114 of, or paragraph 11 of Schedule 4 to, the Education (Student Support) (Wales) Regulations 2017 (“the 2017 Regulations”) , or

• (b) the course is an end-on course within the meaning of the 2017 Regulations.

• (4) For provision about support provided to students in relation to a course—

• (a) to which paragraph (3) applies, or

• (b) which begins before 1 August 2018,

see the 2017 Regulations as amended by Schedule 6 to these Regulations.

PART 2 — OVERVIEW

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• (1) The remaining Parts of these Regulations are arranged as follows.

• (2) Part 3 introduces 2 Schedules—

• (a) Schedule 1, which contains provisions about the interpretation of certain key terms, and

• (b) Schedule 7, which contains an index of the terms defined in these Regulations.

• (3) Part 4 comprises 2 Chapters containing provision about the key concepts which determine eligibility for support under these Regulations—

• (a) Chapter 1 makes provision about determining whether a course is designated for the purposes of these Regulations and is therefore a course in respect of which a student may be eligible for support;

• (b) Chapter 2 comprises 5 Sections making provision about how a student undertaking a designated course may be eligible for support under these Regulations—

• (i) Section 1 sets out the criteria for determining whether a student is eligible for support (see in particular Schedule 2 which sets out the categories of eligible student) and includes provision about the exceptions which may mean that a student is not eligible;

• (ii) Section 2 makes provision about the period for which a student may remain eligible for support, including in cases where a student undertakes more than one course;

• (iii) Section 3 sets out the rules for the early termination of a student's eligibility, for example as a result of the student's misconduct;

• (iv) Section 4 sets out the restrictions on support available under these Regulations in cases where a student has undertaken previous study, such as a previous degree;

• (v) Section 5 deals with cases where a student transfers from one designated course to another, including provision about reassessing the amount payable to a student in such circumstances and provision dealing with cases where a student transfers from full-time study to part-time and vice versa.

• (4) Part 5 makes administrative provision about—

• (a) applications for support under these Regulations;

• (b) requirements imposed on applicants and eligible students to provide information;

• (c) contracts for loans applied for under these Regulations.

• (5) Part 6 make provision about tuition fee loans including provision about—

• (a) the qualifying conditions that a student must meet in order to qualify for a tuition fee loan, and

• (b) the amounts of loan available to various categories of eligible student.

• (6) Part 7 comprises 4 Chapters containing provision about the main grant support available to eligible students in respect of living and study costs, in particular—

• (a) Chapter 1 sets out the qualifying conditions that must be met for a student to qualify for a grant under Chapters 2 or 3;

• (b) Chapter 2 makes provision about base grant, specifying the amount of base grant available;

• (c) Chapter 3 makes provision about maintenance grant, including provision about—

• (i) the amount of grant available;

• (ii) how the amount of grant available is reduced in relation to the household income of the student (see Schedule 3 for provision about how to calculate household income);

• (iii) cases where a student's household income is not relevant and the maximum amount of grant is available;

• (d) Chapter 4 contains provisions determining when an amount of grants payable under this Part may be classified as special support as a result of the student satisfying certain conditions in connection with entitlement to benefits or credits, including provision specifying the amount to be so classified.

• (7) Part 8 makes provision about maintenance loans including provision about—

• (a) the maximum amount of loan available;

• (b) how the maximum amount of loan available is to be reduced in relation to the amount of maintenance grant payable to an eligible student.

• (8) Part 9 makes provision about disabled student's grant which is a grant available to certain eligible students with a disability undertaking a designated course in respect of certain additional costs set out in the Part which are incurred by reason of the student's disability.

• (9) Part 10 makes provision about grants for travel costs incurred by certain eligible students.

• (10) Part 11 comprises 5 Chapters about additional grants available to eligible students with dependants (“grants for dependants” or “GfDs”), in particular—

• (a) Chapter 1 sets out what the 3 GfDs are and includes provision about the qualifying conditions and defined terms common to each of the GfDs;

• (b) Chapter 2 makes provision about adult dependants grant including provision about the qualifying criteria and the maximum amount of grant available;

• (c) Chapter 3 makes similar provision in respect of parents' learning grant;

• (d) Chapter 4 makes provision about childcare grant including provision about the qualifying conditions, the types of childcare for which support is available and how to calculate the maximum amount of childcare grant available;

• (e) Chapter 5 sets out how to calculate the amount of GfDs payable to a student, including reducing the amount payable by reference to income (see Schedule 3 for provision about calculating income for the purposes of these provisions).

• (11) Part 12 makes provision about cases where a student may become eligible for support under these Regulations after the academic year has begun.

• (12) Part 13 comprises 4 Chapters about payments, overpayments and the recovery of overpayments, in particular—

• (a) Chapter 1 makes provision permitting payments to be made on the basis of provisional decisions;

• (b) Chapter 2 makes provision about the payment of tuition fee loans, including provision about when the loan may be paid and the requirements to be met before payments are made;

• (c) Chapter 3 makes similar provision in respect of the payment of grants or maintenance loans;

• (d) Chapter 4 makes provision about overpayments, including provision specifying what constitutes an overpayment and how an overpayment may be recovered.

• (13) Part 14 comprises 2 Chapters about restrictions on payments and amounts that may be payable to an eligible student, in particular—

• (a) Chapter 1 sets out restrictions on the payment of grants and maintenance loans, including provision about—

• (i) requiring bank account details prior to payments being made;

• (ii) calculating the reduction in an amount payable as a result of a period of absence;

• (iii) calculating the reduction in an amount payable as a result of eligibility ending or being terminated;

• (b) Chapter 2 sets out restrictions on the payment of loans, including provision—

• (i) restricting payment of a loan if the student fails to provide a National Insurance number;

• (ii) withholding payment of a loan if the student fails to provide certain requested information.

• (14) Part 15 introduces Schedule 4 which makes provision about disabled postgraduate student's grant, which is a grant available to certain postgraduate students undertaking a designated postgraduate course in respect of living costs which are incurred by reason of the student's disability.

• (15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (16) Part 17 introduces Schedule 6 which contains amendments to the 2017 Regulations.

PART 3 — INTERPRETATION AND INDEX

Interpretation and index

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• (1) Schedule 1 makes provision about the interpretation of certain key terms for the purposes of these Regulations.

• (2) Schedule 7, which is the final Schedule to these Regulations, contains the index of defined terms.

PART 4 — KEY CONCEPTS

CHAPTER 1 — DESIGNATED COURSES

Designated courses

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In these Regulations (and for the purposes of section 22 of the Teaching and Higher Education Act 1998 (“the 1998 Act”)), a course is a designated course if it satisfies—

• (a) each of the conditions in regulation 6(1) and does not fall within any of the exceptions in regulation 7(1), or

• (b) the requirements set out in Schedule 1A.

Designated courses – conditions

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• (1) The conditions are—

Condition 1The course is one of the following—aa first degree course;ba course for the Diploma of Higher Education;ca course for the Higher National Diploma or Higher National Certificate of—ithe Business and Technology Education Council, ...iithe Scottish Qualification Authority , or iii Qualifications Scotland; da course for the certificate of Higher Education;ea course for the initial training of teachers;fa course for the further training of youth and community workers;ga course in preparation for a professional examination of a standard higher than that of—ian examination at advanced level for the General Certificate of Education or at higher level for the Scottish Certificate of Education, oriian examination for the National Certificate or the National Diploma of either of the bodies mentioned in paragraph (c),so long as a first degree (or equivalent qualification) is not normally required for entry to the course;ha course—iproviding education (whether or not in preparation for an examination) the standard of which is higher than that of a course mentioned in paragraph (g) but not higher than that of a first degree course, andiifor entry to which a first degree (or equivalent qualification) is not normally required.

Condition 2The course is either—aa full-time course,ba sandwich course, orca part-time course.

Condition 3The duration of the course is at least one academic year.

Condition 4a Where the course is a full-time course that begins before 1 August 2019, it is provided— iby a Welsh regulated institution, a protected English provider, a Scottish funded institution or a Northern Irish funded institution (whether alone or in conjunction with an institution outside the United Kingdom),iiby a charity within the meaning given by section 1 of the Charities Act 2011 on behalf of a Welsh regulated institution, oriiion behalf of a protected English provider by an institution that was before 1 August 2019 a publicly funded institution.bWhere the course is a part-time course that begins before 1 August 2019, it is provided by an institution that before 1 August 2019 was a publicly funded institution (whether alone or in conjunction with an institution situated outside the United Kingdom).cWhere the course is a full-time course that begins on or after 1 August 2019 it is provided by—ia Welsh regulated institution, an English regulated institution, a Scottish funded institution or a Northern Irish funded institution (whether alone or in conjunction with an institution situated outside the United Kingdom),iia charity within the meaning given by section 1 of the Charities Act 2011 on behalf of a Welsh regulated institution, oriiia registered English institution on behalf of an English plan provider.dWhere the course is a part-time course that begins on or after 1 August 2019 it is provided by—ia Welsh funded institution, a Scottish funded institution, a Northern Irish funded institution or an English regulated institution (whether alone or in conjunction with an institution situated outside the United Kingdom), oriia registered English institution on behalf of an English plan provider.

Condition 5At least half of the teaching and supervision which comprise the course is provided in the United Kingdom.

Condition 6The course leads to an award granted or to be granted by a body falling within section 214(2)(a) or (b) of the Education Reform Act 1988 unless the course falls within paragraph (c) or (e) of Condition 1.2For the purposes of Condition 4—aa course is provided by an institution if it provides the teaching and supervision which comprise the course, whether or not the institution has entered into an agreement with the student to provide the course;ba university and any constituent college, or constituent institution in the nature of a college, of a university is regarded as a recognised educational institution if either the university or the constituent college or institution is a recognised educational institution;can institution is not regarded as a Welsh funded institution or a publicly funded institution by reason only that—iwhere the course begins before 1 August 2019, it was a connected institution which received a relevant payment before that date, oriiwhere the course begins on or after 1 August 2019, it is a connected institution which receives a relevant payment.2AFor the purpose of paragraph (2)—a“a connected institution” means a connected institution within the meaning of section 65(3B) of the Further and Higher Education Act 1992, andb“a relevant payment” means the payment of the whole or part of any grant, loan or other payment from the governing body of an institution which is provided to the connected institution in accordance with section 65(3A) of the Further and Higher Education Act 1992.3In this regulation, if paragraph (4) applies to a course, it is considered to be a single course for a first degree (or equivalent qualification) even if the course leads to another degree or qualification being conferred before the degree (or equivalent qualification) (regardless of whether part of the course is optional).4This paragraph applies to a course—athe standard of which is not higher than a first degree, andbwhich leads to a qualification as a medical doctor, dentist, veterinary surgeon, architect, landscape architect, landscape designer, landscape manager, town planner or town and country planner.

Designated courses – exceptions

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• (1) The exceptions are—

Exception 1A course taken as part of an employment-based teacher training scheme.

Exception 2A course falling within paragraph (g) or (h) of Condition 1 of regulation 6(1) if the governing body of a maintained school has arranged for the provision of the course to a pupil of the school.2For the purposes of Exception 1, “employment-based teacher training scheme” means—aa scheme established by the Welsh Ministers under Regulation 8 of the Education (School Teachers' Qualifications) (Wales) Regulations 2004 or under Regulation 8 of the School Teachers' Qualifications (Wales) Regulations 2012 whereby a person may undertake initial teacher training in order to obtain qualified teacher status while being employed to teach at a maintained school, independent school or other institution except a pupil referral unit;ba scheme established by the Secretary of State whereby a person may undertake initial teacher training in order to obtain qualified teacher status while being employed to teach at a school, city college, Academy, independent school or other institution except a pupil referral unit.3For the purposes of Exception 2, “maintained school” means—aa community, foundation or voluntary school,ba community or foundation special school, orca maintained nursery school.

Designation of other courses

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• (1) The Welsh Ministers may specify that a course is to be treated as a designated course despite the fact that, but for the specification, it would not otherwise be a designated course .

• (2) The Welsh Ministers may suspend or revoke the specification of a course made under paragraph (1).

CHAPTER 2 — ELIGIBILITY

SECTION 1 — Eligible students

Eligible students

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• (1) A person is an eligible student in connection with a designated course that the person is undertaking if—

• (a) the person falls within one of the categories set out—

• (i) in paragraph 1, 2, 2ZA, 2ZB, 2ZC, 3, 4A, 5A, 6A, 6B, 6BA, 6BB, 6C, 6D, 7A or 8A of Schedule 2, or

• (ii) in paragraph 4, 5, 6, 7 or 8 of Schedule 2 where paragraph (1A) applies,

and none of the exceptions in regulation 10 apply to the person, or

• (b) the person’s circumstances fall within one of the cases set out in regulation 11.

• (1A) This paragraph applies where—

• (a) in connection with a designated course beginning before 1 August 2021 the Welsh Ministers—

• (i) in assessing an application for support by a person (“A”) determined that A fell within one of the categories set out in paragraph 4, 5, 6, 7 or 8 of Schedule 2 in relation to an academic year of the course beginning before 1 August 2021, or

• (ii) would have so determined had A made an application for support in accordance with these Regulations in relation to an academic year of the course beginning before that date, and

• (b) A applies for support in connection with—

• (i) that course,

• (ii) an end-on course following on from that course, or

• (iii) a designated course to which A’s status as an eligible student is transferred in accordance with these Regulations.

• (2) A person may, at any given time, be an eligible student only in connection with one designated course.