The Education (Student Support) (Wales) Regulations 2018

• (i) the total income on which the person is charged to income tax under Step 1 of section 23 of the Income Tax Act 2007 , and

• (ii) if not already a component of total income under sub-paragraph (i), payments and other benefits specified in section 401(1) of the Income Tax (Earnings and Pensions) Act 2003 received by the person or treated as received by the person (but disregard section 401(2) of that Act for the purposes of this sub-paragraph), or

• (b) where the income tax legislation of a member State applies to the person's income, the person's total income from all sources as determined for the purposes of the income tax legislation of that member State.

• (2) For the purposes of sub-paragraph (1)(b), where the income tax legislation of—

• (a) the United Kingdom and one or more member State, or

• (b) more than one member State,

applies to the person in respect of the year under consideration, the person’s total income from all sources is the amount derived from the determination resulting in the greatest amount of total income, including any income which is required to be taken into account under paragraph 18.

• (3) But a person's taxable income does not include income paid to another person under a pension arrangements order.

PART 4 — Residual income

CHAPTER 1 — Residual income of an eligible student

Calculation of eligible student's residual income

10

— For the purposes of calculating an eligible student's household income under Part 2, the student's residual income is calculated as follows—

Deductions for the purpose of calculating residual income of an eligible student

11

— For the purposes of calculating an eligible student's residual income, the deductions are—

Income of eligible student received in currency other than sterling

12

• (1) Where the eligible student receives income in a currency other than sterling, the value of the income is—

• (a) the amount of sterling the eligible student receives for the income, or

• (b) where the student does not convert the income into sterling, the value of the sterling which the income would purchase using the HMRC exchange rate.

• (2) The HMRC exchange rate is the rate published by HM Revenue and Customs for the month corresponding to the month in which the income is received.

CHAPTER 2 — Residual income of persons other than an eligible student

Persons to whom this chapter applies

13

This Chapter makes provision for the calculation of a person's (“P's”) residual income where P means the following—

• (a) where P's income is aggregated under Step 1 in paragraph 3(1) for the purpose of calculating an eligible student's household income—

• (i) the parent of the eligible student,

• (ii) the eligible student's partner, or

• (iii) the eligible student's parent's partner,

as the case may be;

• (b) the adult dependant of an eligible student for the purposes of calculating the amount of grant for dependants payable to the student (see regulation 77).

Calculation of residual income of persons other than eligible student

14

P's residual income is calculated as follows—

Deductions for the purpose of calculating residual income of persons other than eligible student

15

• (1) For the purposes of calculating P's residual income, the deductions are— Deduction A The gross amount of any premium or sum paid by P in respect of a pension during the applicable financial year, in relation to which—

• (a) relief is given under section 188 of the Finance Act 2004, or

• (b) where P's income is computed for the purposes of the income tax legislation of a member State, relief would be given if that legislation made provision equivalent to the Income Tax Acts,

but not including any sum paid as a premium under a policy of life assurance. Deduction B Where paragraph 18 applies, a sum equivalent to Deduction A provided that this sum does not exceed the deductions which would be made if the whole of P's income were in fact income for the purposes of the Income Tax Acts. Deduction C £1,130, where P—

• (a) is an eligible student in respect of the current academic year but is also the parent of an eligible student, or

• (b) holds a statutory award in respect of the same period.

Applicable financial years: calculating residual income of persons other than eligible student

16

• (1) This paragraph specifies the applicable financial year for the purposes of calculating P's residual income.

• (2) Unless sub-paragraph (3) or (5) applies, the applicable financial year is PY-1.

• (3) The applicable financial year is CY if the Welsh Ministers are satisfied that—

• (a) where P is one of two persons whose residual incomes are aggregated under paragraph (b)(i) or (ii) of List A in paragraph 3(1), the aggregate of the residual incomes of P and the other person for CY is likely to be at least 15% lower than the aggregate of the residual incomes of P and the other person for PY-1, or

• (b) in any other case, P’s residual income for CY is likely to be at least 15% lower than P’s residual income for PY-1.

• (4) Sub-paragraph (5) applies where the applicable financial year for the previous academic year was the financial year beginning immediately before the first day of the previous academic year.

• (5) Where this sub-paragraph applies—

• (a) the applicable financial year is CY if the Welsh Ministers are satisfied that—

• (i) where P is one of two persons whose residual incomes are aggregated under paragraph (b)(i) or (ii) of List A in paragraph 3(1), the aggregate of the residual incomes of P and the other person for CY is likely to be at least 15% lower than the aggregate of the residual incomes of P and the other person for PY, or

• (ii) in any other case, P’s residual income for CY is likely to be at least 15% lower than P’s residual income for PY;

• (b) otherwise, the applicable financial year is PY.

Income from business or profession

17

• (1) Sub-paragraph (2) applies where—

• (a) the applicable financial year for the purposes of calculating P's residual income is PY-1, and

• (b) the Welsh Ministers are satisfied that P's income is wholly or mainly derived from the profits of a business or profession carried on by P.

• (2) Where this paragraph applies, P's residual income is P's income for the earliest period of twelve months ending in PY-1 in respect of which accounts are kept relating to P's business or profession.

Treatment of income not treated as income for income tax purposes

18

• (1) Sub-paragraph (3) applies where P is in receipt of any income which, for any of the reasons set out in sub-paragraph (2), does not form part of P's income for the purposes of the Income Tax Acts or the income tax legislation of a member State.

• (2) The reasons are— Reason 1

• (a) P is not resident ... in the United Kingdom, or

• (b) P's income is computed for the purposes of the income tax legislation of a member State and P is not resident or domiciled in that member State.

Reason 2

• (a) P's income does not arise in the United Kingdom, or

• (b) P's income does not arise in the member State in which P's income is computed for the purposes of that State's income tax legislation.

Reason 3 The income arises from an office, service or employment, income from which is exempt from tax.

• (3) P's taxable income is to be taken to include the income described in sub-paragraph (1) as if it were part of P's income for the purposes of the Income Tax Acts or the income tax legislation of a member State, as the case may be.

P's income in currency other than sterling

19

• (1) Where P's income is computed for the purposes of the income tax legislation of a member State, P's residual income is to be calculated in accordance with this Part in the currency of that member State and is to be taken to be the sterling value of that income determined in accordance with the relevant HMRC rate.

• (2) The relevant HMRC rate is the exchange average rate issued by HM Revenue and Customs for the calendar year ending immediately before the end of PY-1.

PART 5 — Net income of dependants

Net income of dependants

20

This Part makes provision about the calculation of the net income of the following dependants—

• (a) an eligible student's adult dependant, for the purposes of determining whether an eligible student qualifies for adult dependants grant (see regulation 71);

• (b) an eligible student's dependent children, for the purposes of calculating the amount of grant for dependants payable to the student (see regulation 77).

Net income

21

• (1) The net income of a dependant is the dependant's income from all sources for the relevant year reduced by the amount of income tax and social security contributions payable in respect of that year but disregarding—

• (a) any pension, allowance or other benefit paid by reason of a dependant's disability or incapacity;

• (b) child benefit payable under Part 9 of the Social Security Contributions and Benefits Act 1992 ;

• (c) any financial support payable to the dependant by a local authority in accordance with regulations made under sections 2, 3 and 4 of the Adoption and Children Act 2002 ;

• (d) any guardian's allowance to which the dependant is entitled under section 77 of the Social Security Contributions and Benefits Act 1992 ;

• (e) in the case of a dependant with whom a child being looked after by a local authority is boarded out, any payment made to that dependant in pursuance of section 23 of the Children Act 1989 or section 81 of the Social Services and Well-being (Wales) Act 2014 ;

• (f) any payment made to the dependant under section 110(6) of the Social Services and Well-being (Wales) Act 2014 or section 23C(5A) of the Children Act 1989 ;

• (g) any payments made to the dependant under section 15 of and Schedule 1 to the Children Act 1989 in respect of a person who is not the dependant's child or any assistance given by a local authority pursuant to—

• (i) section 24 of that Act , or

• (ii) section 104 of the Social Services and Well-being (Wales) Act 2014 in so far as that section applies to category 5 and 6 young persons within the meaning of that Act;

• (h) any child tax credit to which the dependant is entitled under Part 1 of the Tax Credits Act 2002 ;

• (i) in the case of a dependant who is entitled to an award of universal credit under Part 1 of the Welfare Reform Act 2012 —

• (i) any amount that is included in the calculation of the award under regulation 27(1) of the Universal Credit Regulations 2013 , in respect of the fact that the dependant has limited capability for work and work-related activity;

• (ii) any amount or additional amount that is included in the calculation of the award under regulation 24 of those Regulations (the child element).

• (2) For the purposes of this paragraph, payments made to the eligible student towards a dependent child's maintenance are treated as the dependent child's income.

• (3) In this paragraph, “relevant year” means—

• (a) in respect of an eligible student's adult dependant, the current academic year;

• (b) in respect of an eligible student's dependent child, the applicable financial year determined under paragraph 22.

Applicable financial years: calculating net income of an eligible student's dependent children

22

• (1) This paragraph specifies the applicable financial year for the purposes of calculating the net income of an eligible student's dependent child (“C”).

• (2) Unless paragraph (3) or (5) applies, the applicable financial year is PY-1.

• (3) Where the Welsh Ministers are satisfied that C's net income for CY is likely to be at least 15% lower than C's net income for PY-1, the applicable financial year is CY.

• (4) Sub-paragraph (5) applies where the applicable financial year for the previous academic year was the financial year beginning immediately before the first day of the previous academic year.

• (5) Where this paragraph applies, the applicable financial year is to be determined as follows—

• (a) if the Welsh Ministers are satisfied that C's net income for CY is likely to be at least 15% lower than C's net income for PY, the applicable financial year is CY;

• (b) otherwise, the applicable financial year is PY.

PART 6 — Interpretation

Interpretation

23

• (1) In this Schedule, any reference to a person's (“A's”) partner means–

• (a) A's spouse or civil partner; or

• (b) a person ordinarily living with A as if the person were A's spouse or civil partner.

• (2) In this Schedule—

• “applicable financial year” (“blwyddyn academaidd gymwys”) means the financial year determined in accordance with paragraph 16 or 22;

• “current academic year” (“blwyddyn academaidd gyfredol”) means the academic year of the present course in respect of which the eligible student is applying for support;

• “CY” (“BG”) means the financial year beginning immediately before the first day of the current academic year;

• “financial year” (“blwyddyn ariannol”) means the period of twelve months in respect of which the income of a person is computed for the purposes of the income tax legislation which applies to it;

• “PY” (“BF”) means the financial year immediately preceding CY;

• “PY-1” (“BF-1”) means the financial year immediately preceding PY;

• “pension arrangements order” (“gorchymyn trefniadau pensiwn”) means an order under which a person pays benefits under a pension arrangement to another person under—section 23 of the Matrimonial Causes Act 1973 which includes provision made by virtue of section 25B(4) (and including such an order as it may have effect by virtue of section 25E(3) of that Act) , orPart 1 of Schedule 5 to the Civil Partnership Act 2004 which includes provision made by virtue of Part 6 of that Schedule (and including such an order as it may have effect by virtue of Part 7 of that Schedule);

• “public body” (“corff cyhoeddus”) means a state authority or agency whether national, regional or local.

SCHEDULE 4 — Disabled postgraduate student's grant

Disabled postgraduate student's grant

1

• (1) A disabled postgraduate student's grant is a grant made available by the Welsh Ministers to an eligible postgraduate student with a disability to assist with additional expenditure in respect of living costs which the student is obliged to incur in connection with undertaking a designated postgraduate course by reason of the student's disability.

• (2) In this Schedule, “present postgraduate course” means the course in respect of which a person applies for a disabled postgraduate student's grant under paragraph 17.

Designated postgraduate courses

2

• (1) In this Schedule (and for the purposes of section 22 of the 1998 Act), a course is a designated postgraduate course if it satisfies each of the following conditions—

Condition 1 A first degree (or equivalent qualification) or higher is normally required for entry onto the course.

Condition 2 The course is not a sandwich course.

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

Condition 4 The course is provided by a publicly funded institution.

• (a) where the course begins before 1 August 2019, it is provided by an institution that before 1 August 2019 was a publicly funded institution;

• (b) where the course begins on or after 1 August 2019, it is provided by a Welsh funded institution, a Scottish funded institution, a Northern Irish funded institution or an English regulated institution;

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

Condition 6 The course is not a course for the initial training of teachers or a course taken as part of an employment based teacher training scheme (within the meaning given by regulation 7(2)).

• (2) For the purposes of Condition 4—

• (a) a 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;

• (b) a university and any constituent college, or constituent institution in the nature of a college, of a university is regarded as a publicly funded institution if either the university or the constituent college or institution is a publicly funded institution;

• (c) an institution is not regarded as publicly funded institution or a Welsh funded institution by reason only that—

• (i) where the course begins before 1 August 2019, it was a connected institution which received a relevant payment before that date, or

• (ii) where the course begins on or after 1 August 2019, it is a connected institution which receives a relevant payment.

• (3) For the purposes of sub-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; and

• (b) “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.

Designation of other postgraduate courses

3

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

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

Eligible postgraduate students

4

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

• (a) in connection with a designated postgraduate course the person falls within one of the categories set out—

• (i) in paragraph 1(1), 1(2), 2, 2ZA, 2ZB, 2ZC, 3, 4A, 5A, 6A(2)(d)(i), 6B, ... 7A or 8A of Schedule 2, or

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

and none of the exceptions in paragraph 5 of this Schedule apply to the person, or

• (b) the person’s circumstances fall within one of the cases set out in paragraph 6.

• (1A) This sub-paragraph applies where—

• (a) in connection with a designated postgraduate 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(2), 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 this Schedule 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, or

• (ii) a designated postgraduate course to which A’s status as an eligible postgraduate student is transferred in accordance with this Schedule.

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

5

• (1) A person (“P”) is not an eligible postgraduate student if any of the following exceptions applies— Exception 1 At any one time, P also qualifies for support in connection with a designated course by virtue of these Regulations or any other regulations made under section 22 of the 1998 Act unless the course is one for which a first degree (or equivalent qualification) or higher is a normal entry requirement. Exception 2 In respect of P undertaking the designated postgraduate course, P has been bestowed or paid—

• (a) a healthcare bursary,

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) an allowance, bursary or award of similar description made by the Research Council, or

• (d) an allowance, bursary or award of similar description made—

• (i) by the institution providing the course,

• (ii) under section 67(4)(a) of the Care Standards Act 2000 , or under section 46 of the Children and Social Work Act 2017, or

• (iii) under section 116(2)(a) of the Regulation and Inspection of Social Care (Wales) Act 2016 where the designated postgraduate course begins before 1 August 2022,

which includes any payment for the purpose of meeting additional expenditure incurred by P by reason of P's disability.

Exception 3 P is in breach of an obligation to repay a student loan. Exception 4 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 5 The Welsh Ministers think that P's conduct is such that P is not fit to receive a disabled postgraduate student's grant. Exception 6 P is a prisoner. But P may be an eligible postgraduate student despite being a prisoner if—

• (a) P's application for a disabled postgraduate student's grant is in respect of the academic year during which P enters or is released from prison, or

• (b) P has been authorised by the prison Governor or Director or other appropriate authority to study the designated postgraduate course and P's earliest release date is within 6 years of the first day of the first academic year of the course.

Exception 7 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 or 6BA.

• (2) In Exceptions 3 and 4, “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) regulations made under the 1998 Act.

Eligible postgraduate students continuing on a course

6

• (1) A person (“P”)—

• (a) who has a disability, and

• (b) whose circumstances fall within one of the following cases,

is an eligible postgraduate student (accordingly P need not fall within any of the categories of eligible student set out in Schedule 2 and the exceptions set out in paragraph 5 do not apply to P).

• (2) The cases are— Case 1

• (a) P qualified as an eligible postgraduate student in connection with an earlier academic year of the present postgraduate course, and

• (b) P was ordinarily resident in Wales on the first day of the first academic year of the present postgraduate course.

Case 2

• (a) P was an eligible postgraduate student in connection with a designated postgraduate course (the “earlier course”) other than the present postgraduate course,

• (b) P's status as an eligible postgraduate student in connection with the earlier course has been transferred to the present postgraduate course (see paragraph 15), and

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

Period of eligibility

7

• (1) A student's status as an eligible postgraduate student in connection with a designated postgraduate course is retained until the end of the student's period of eligibility unless terminated in accordance with paragraph 9, 10, 12 or 13.

• (2) A student's period of eligibility ends at the end of the academic year in which the student completes the designated postgraduate course.

Part-time courses – no eligibility for years of low intensity study

8

Where the present postgraduate course is a part-time course, the eligible postgraduate student is not eligible for a disabled postgraduate student's grant in respect of an academic year where the intensity of study for that year is less than 25% (see paragraph 5 of Schedule 1 for how to calculate the intensity of study for an academic year).

Early termination of eligibility

9

An eligible postgraduate student's (“P's”) period of eligibility terminates at the end of the day on which—

• (a) P withdraws from P's designated postgraduate course and the Welsh Ministers do not transfer P's status as an eligible postgraduate student under paragraph 15,

• (b) P abandons or is expelled from P's designated postgraduate course, or

• (c) P also qualifies for support in connection with a designated course by virtue of these Regulations or any other regulations made under section 22 of the 1998 Act unless the course is one for which a first degree (or equivalent qualification) or higher is a normal entry requirement.

Termination due to misconduct or failure to provide accurate information

10

• (1) The Welsh Ministers may terminate an eligible postgraduate student's period of eligibility if they are satisfied that the student's conduct is such that the student is no longer fit to receive a disabled postgraduate student's grant.

• (2) Sub-paragraph (3) applies if the Welsh Ministers are satisfied that an eligible student—

• (a) has failed to comply with a requirement to provide information or documentation imposed by this Schedule, or

• (b) has provided information or documentation which was materially inaccurate.

• (3) Where this sub-paragraph applies, the Welsh Ministers may—

• (a) terminate the student's period of eligibility;

• (b) determine that the student does not qualify for a disabled postgraduate student's grant or an amount of such grant as they think appropriate.

Reinstatement of eligibility after termination

11

• (1) Where a student's period of eligibility terminates under paragraph 9 or 10 during the academic year in which the student completes the present postgraduate course, the Welsh Ministers may reinstate the student's period of eligibility for such period as they think appropriate.

• (2) But a reinstated period of eligibility may not extend beyond the end of the academic year in which the student completes the designated postgraduate course.

Refugees who cease to have leave to remain

12

• (1) This paragraph applies where—

• (a) a person (“P”) was a category 2 eligible postgraduate student (see Schedule 2) in connection with an application for a disabled postgraduate student's grant—

• (i) for an earlier year of the present postgraduate course, or

• (ii) in connection with a course from which P's status as an eligible postgraduate student has been transferred to the present course under paragraph 15, and

• (b) as at the end of the day before the first day of the academic year in respect of which P is applying for a disabled postgraduate student's grant, the refugee status of—

• (i) P, or

• (ii) the person whose status as a refugee meant that P was a category 2 eligible postgraduate student,

has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002).

• (2) Where this paragraph applies, P's status as an eligible postgraduate student terminates immediately before the first day of the academic year in respect of which P is applying for a disabled postgraduate student's grant.

• (3) In this paragraph, “refugee” has the meaning given by paragraph 11 of Schedule 2.

Other persons who cease to have leave to enter or remain

13

• (1) This paragraph applies where—

• (a) a person (“P”) was a category 3 eligible postgraduate student or an eligible postgraduate student on grounds of humanitarian protection under paragraph 339C of the immigration rules (see Schedule 2) in connection with an application for a disabled postgraduate student's grant—

• (i) for an earlier year of the present postgraduate course, or

• (ii) in connection with a course from which P's status as an eligible postgraduate student has been transferred to the present postgraduate course under paragraph 15, and

• (b) as at the end of the day before the first day of the academic year in respect of which P is applying for a disabled postgraduate student's grant, the period for which—

• (i) P, or

• (ii) the person who, as a result of having leave to enter or remain, caused P to be a category 3 eligible postgraduate student or an eligible postgraduate student on grounds of humanitarian protection under paragraph 339C of the immigration rules,

is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002).

• (2) Where this paragraph applies, P's status as an eligible postgraduate student terminates immediately before the first day of the academic year in respect of which P is applying for a disabled postgraduate student's grant.

Becoming eligible during an academic year

14

• (1) Where one of the events in paragraph (3) occurs, the student may become eligible for a disabled postgraduate student's grant.

• (2) But the amount of grant payable to the eligible postgraduate student will only be in respect of the academic year from the date that the relevant event occurs.

• (3) The events are—

• (a) the student's course becomes a designated postgraduate course;

• (b) the student becomes an eligible postgraduate student on the grounds that–

• (i) the student or the student’s spouse, civil partner or parent is recognised as a refugee, becomes a person granted stateless leave, becomes a person with leave to enter or remain or becomes a person granted humanitarian protection under paragraph 339C of the immigration rules;

• (ia) the student or the student’s parent becomes a person with section 67 leave to remain or a person with leave to enter or remain as a protected partner;

• (ib) the student becomes a person with Calais leave;

• (ic) the student becomes a person with leave to enter or remain as a relevant Afghan citizen or the spouse, civil partner, child or stepchild of such a person;

• (id) the student becomes a protected Ukrainian national or the spouse, civil partner, child or stepchild of such a person;

• (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (iii) the student becomes a person described in paragraph 1(1)(a) or (2)(a) of Schedule 2;

• (iv) where paragraph 4(1A)(a) of this Schedule applies, the student becomes a person described in paragraph 8(1)(a) of Schedule 2;

• (v) the student becomes a person described in paragraph 4A(1)(a) of Schedule 2 or, where paragraph 4(1A)(a) of this Schedule applies, in paragraph 4(1)(a) of Schedule 2;

• (vi) the student becomes a person described in paragraph 7A(a) of Schedule 2 or, where paragraph 4(1A)(a) of this Schedule applies, in paragraph 7(1)(a) of Schedule 2;

• (vii) the student becomes a person described in paragraph 6B(1)(a)(ii) of Schedule 2.

• (4) In sub-paragraph (3), the following terms have the same meaning as in Schedule 2—

• ...

• “immigration rules” (“rheolau mewfudo”);

• “parent” (“rhiant”);

• “person granted leave to enter or remain as a protected partner” (“person y rhoddwyd caniatâd iddo ddod i mewn neu aros fel partner a ddiogelir”);

• “person granted stateless leave” (“person y rhoddwyd caniatâd iddo aros fel person diwladwriaeth”);

• “person with Calais leave” (“person sydd â chaniatâd Calais”);

• “person with leave to enter or remain” (“person sydd â chaniatâd i ddod i mewn neu i aros”);

• "person with leave to enter or remain as a relevant Afghan citizen" (“person sydd â chaniatâd i ddod i mewn neu i aros fel dinesydd perthnasol o Affganistan”);

• “person with section 67 leave to remain” (“person sydd â chaniatâd i aros o dan adran 67”);

• “protected Ukrainian national” (“gwladolyn Wcreinaidd a ddiogelir”);

• “refugee” (“ffoadur”);

• ...

• ...

Transferring between postgraduate courses

15

• (1) Where an eligible postgraduate student transfers from a designated postgraduate course to another designated postgraduate course, the Welsh Ministers must transfer the student's status as an eligible postgraduate student to the other course if—

• (a) they receive a request from the student to do so,

• (b) they are satisfied that one of the grounds of transfer applies (see sub-paragraph (2)), and

• (c) the student's period of eligibility has not ended or been terminated.

• (2) The grounds of transfer are— First ground The eligible postgraduate student ceases one designated postgraduate course and undertakes another designated postgraduate course at the same institution. Second ground The eligible postgraduate student undertakes a designated postgraduate course at another institution.

Effect of transfer

16

• (1) Where the Welsh Ministers transfer an eligible postgraduate student's (“P's”) status under paragraph 15—

• (a) they may re-assess the amount of disabled postgraduate student's grant payable to P after the transfer;

• (b) but if no re-assessment is made, P is entitled, in respect of the academic year of the course to which P transfers, to receive the remainder of the disabled postgraduate student's grant which the Welsh Ministers assessed P was entitled to receive in respect of the academic year of the course from which P transferred.

• (2) Where an eligible postgraduate student (“P”) transfers—

• (a) after the Welsh Ministers have assessed P's entitlement to disabled postgraduate student's grant in respect of the academic year of the course from which P transferred, but

• (b) before P completes that year,

P may not apply for a disabled postgraduate student's grant in respect of that academic year in connection with the course to which P has transferred.

Applications and decisions

17

• (1) A person does not qualify for a disabled postgraduate student's grant in relation to an academic year unless the person makes an application for the grant in relation to that year.

• (2) An application under sub-paragraph (1) must—

• (a) be in such form and contain such information as the Welsh Ministers may specify,

• (b) be accompanied by such documentation as the Welsh Ministers may require, and

• (c) reach the Welsh Ministers as soon as is reasonably practicable.

18

• (1) The Welsh Ministers may take such steps and make such inquiries as they think necessary to make a decision on an application.

• (2) Those steps may include requiring the applicant to provide further information or documentation.

• (3) The Welsh Ministers may make a provisional decision on an application (see paragraph 21 for provision about payments made on the basis of a provisional decision).

• (4) A decision made by the Welsh Ministers after a provisional decision has been made may—

• (a) confirm the provisional decision, or

• (b) substitute it with a different decision.

• (5) The Welsh Ministers must notify the applicant of a decision (including a provisional decision) on an application.

• (6) The notification must state—

• (a) whether the Welsh Ministers consider the applicant to be an eligible postgraduate student,

• (b) if so, whether the eligible postgraduate student qualifies for a disabled postgraduate student's grant in relation to the academic year,

• (c) if the student does qualify, the amount payable in relation to the academic year,

• (d) a breakdown specifying the amounts of grant payable in respect of each type of expenditure mentioned in paragraph 20(2), and

• (e) in the case of a provisional decision, the fact that the decision is provisional and the consequences of that fact.

Requirements on eligible postgraduate students to provide information

19

• (1) An eligible postgraduate student must, as soon as reasonably practicable after being requested to do so, provide the Welsh Ministers with such information or documentation as the Welsh Ministers may require for the purposes of this Schedule.

• (2) Where an event mentioned in paragraph (3) occurs in respect of an eligible postgraduate student, the student must inform the Welsh Ministers as soon as is reasonably practicable after the event occurs.

• (3) The events are—

• (a) the student withdraws from, abandons or is expelled from the present postgraduate course;

• (b) the student transfers to another postgraduate course (whether at the same or at a different institution);

• (c) the student otherwise ceases to undertake the present postgraduate course and does not intend to or is not permitted to continue it for the remainder of the academic year;

• (d) the student is absent from the present postgraduate course—

• (i) for more than 60 days due to illness, or

• (ii) for any period for any other reason;

• (e) the month for the start or completion of the present postgraduate course changes;

• (f) the student's home or term-time—

• (i) address,

• (ii) telephone number, or

• (iii) email address,

changes.

• (4) Information or documentation that is required to be provided to the Welsh Ministers under this Schedule must be provided in such form as the Welsh Ministers may specify.

• (5) The Welsh Ministers may require that—

• (a) an application under paragraph 17;

• (b) any other documentation provided to them under this Schedule,

must be signed in such manner (including electronically) as they may specify.

• (6) The reference to an eligible postgraduate student in sub-paragraph (1) is to be treated as including a person who makes an application under paragraph 17 even if the Welsh Ministers' decision on the application is that the person is not an eligible postgraduate student.

• (7) See paragraph 10 for provision about the consequences of failing to comply with a requirement imposed by this paragraph.

Amount of disabled postgraduate student's grant

20

• (1) The amount of disabled postgraduate student’s grant payable to an eligible postgraduate student in respect of an academic year is the amount—

• (a) which the Welsh Ministers think appropriate, but

• (b) which does not exceed the aggregate amount of the limits applicable in respect of the Cases listed in sub-paragraph (2).

• (2) The Cases and the limits are—

Case 1

Expenditure required on a non-medical personal helper, major items of specialist equipment and any other expenditure the eligible postgraduate student incurs in connection with the course by reason of the student’s disability (apart from the expenditure specified in Case 2).

Limit of £34,671 in respect of an academic year of a course.

Case 2

Additional expenditure incurred—

• (a) within the United Kingdom for the purpose of attending an institution, and

• (b) within or outside the United Kingdom for the purpose of attending, as part of the present course, any period of study at an overseas institution (including the University of London Institute in Paris).

Limited to the actual expenditure incurred for this purpose.

Payment

21

• (1) A disabled postgraduate student's grant is payable in respect of the four quarters of the academic year.

• (2) The Welsh Ministers may pay a disabled postgraduate student's grant in such instalments (if any) and at such times as they think appropriate.

• (3) The Welsh Ministers may, if they think it appropriate, pay any amount of disabled postgraduate student's grant payable for the purpose of assisting with expenditure on major items of specialist equipment as a single amount in respect of the whole academic year.

• (4) Where the Welsh Ministers make a provisional decision on an application for disabled postgraduate student's grant, the Welsh Ministers may make a payment based on that decision.

• (5) If the Welsh Ministers think it appropriate to make payments by transfer into a bank or building society account they may require an eligible postgraduate student to provide details of such an account in the United Kingdom into which payments may be made.

• (6) If that requirement is imposed, the Welsh Ministers may not make any payment of the disabled postgraduate student's grant until the eligible postgraduate student has complied.

Overpayments

22

• (1) Where an eligible postgraduate student has been paid an amount of disabled postgraduate student's grant which exceeds the amount to which the student is entitled, the student must repay the excess amount if required to do so by the Welsh Ministers.

• (2) In this paragraph, references to an eligible postgraduate student are to be treated as including a person who has received an amount of disabled postgraduate student's grant but is not, or is no longer, an eligible postgraduate student.

• (3) The Welsh Ministers must recover any overpayment of a disabled postgraduate student's grant unless they think it is not appropriate to do so.

• (4) A payment of a disabled postgraduate student's grant made before the day on which the course begins is an overpayment if the eligible postgraduate student withdraws from the course before that day.

• (5) A payment of disabled postgraduate student's grant is an overpayment if either of the following cases apply— Case 1 An amount of the grant has been paid for the purpose of assisting with expenditure on major items of specialist equipment but the equipment has not been delivered to the eligible postgraduate student before the student's period of eligibility ends or is terminated. Case 2 Payment of an amount of the grant for the purpose of assisting with expenditure on major items of specialist equipment is made after the eligible postgraduate student's period of eligibility ends or is terminated.

• (6) Overpayment of a disabled postgraduate student's grant may be recovered by subtracting the overpayment from any grant payable to the eligible postgraduate student from time to time under these Regulations or any other regulations made by the Welsh Ministers under section 22 of the 1998 Act.

• (7) Where—

• (a) there is an overpayment of a disabled postgraduate student's grant, and

• (b) any amount of the grant was paid for the purpose of assisting with expenditure on major items of specialist equipment,

the Welsh Ministers may accept the return of specialist equipment by way of recovery of all or part of the overpayment.

• (8) Sub-paragraphs (6) and (7) do not prevent the Welsh Ministers from recovering an overpayment by any other method available to them.

SCHEDULE 5 — Oxbridge college fee loans

Oxbridge college fee loans

1

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

Designated Oxbridge courses

2

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

Eligible Oxbridge students

3

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

Students becoming eligible during the course of an academic year

4

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

Period of eligibility

5

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

Amount of the college fee loan

6

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

Transfers

7

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

Payment

8

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

Requirement to provide national insurance number

9

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

Information requirements and agreements for repayment

10

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

Overpayment

11

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

SCHEDULE 6 — Amendments to the Education (Student Support) (Wales) Regulations 2017

1

The Education (Student Support) (Wales) Regulations 2017 are amended as follows.

2

In regulation 1 (title, commencement and application), after paragraph (2) insert—

(3) These Regulations do not apply to the provision of support to students in relation to a course which begins on or after 1 August 2018 unless Regulation 2(3) of the Education (Student Support) (Wales) Regulations 2018 applies to the course.

3

In regulation 2(1) (interpretation)—

• (a) in the definition of “2012 accelerated graduate entry student”, at the end insert “ and before 1 August 2018 ”;

• (b) in the definition of “2012 cohort student”, after “1 September 2012” where it first occurs insert “ and before 1 August 2018 (but including a course starting on or after 1 August 2018 if the course is one in relation to which the student's status has transferred under regulation 8, 75 or 102 or is an end-on course) ”;

• (c) in the definition of “accelerated graduate entry course”, in sub-paragraph (c), after “1 September 2012” insert “ and before 1 August 2018 ”;

• (d) in the definition of “compressed degree student”, in sub-paragraph (b)(ii), after “1 September 2013” insert “ and before 1 August 2018 ”;

• (e) in the definition of “compressed first year course”, in sub-paragraph (a), after “1 September 2013” insert “ and before 1 August 2018 ”;

• (f) in the definition of “distance learning course”, after “1 September 2012” insert “ and before 1 August 2018 ”;

• (g) in the definition of “eligible part-time prisoner”, in sub-paragraph (a), after “1 September 2014” insert “ and before 1 August 2018 ”;

• (h) in the definition of “eligible prisoner”, in sub-paragraph (a), after “1 September 2012” insert “ and before 1 August 2018 ”;

• (i) in the definition of “Erasmus year”, in both sub-paragraphs (b) and (c), after “1 September 2012” insert “ and before 1 August 2018 ”;

• (j) in the definition of “healthcare bursary”, after “1968” insert “ but not a payment made out of the Learning Support Fund ”;

• (k) in the definition of “new eligible part-time student”, after “1 September 2014” where it first occurs insert “ and before 1 August 2018 (but including a course starting on or after 1 August 2018 if the course is one in relation to which the student's status has transferred under regulation 8, 75 or 102 or is an end-on course) ”;

• (l) in the definition of “qualifying course”, after “full-time designated course” insert “ beginning before 1 August 2018 ”;

• (m) in the definition of “recognised educational institution”, in sub-paragraph (b), after “1 September 2017” insert “ and before 1 August 2018 ”;

• (n) in the appropriate place insert “ “Learning Support Fund” means the fund made available by NHS England to certain students in respect of qualifying healthcare courses; ”.

4

In regulation 3(16) (application)—

• (a) at the beginning insert “ Subject to regulation 1(3) ”;

• (b) after “1 September 2017” where it first occurs, insert “ and before 1 August 2018 ”.

5

For paragraph (7) of regulation 4 (eligible students), substitute—

(7) Subject to paragraphs (9) to (11), if a person satisfies the conditions in paragraph (8)(a),(b) or (c) and does not satisfy paragraph (3)(c) the person is an eligible student for the purpose of these Regulations and accordingly, paragraphs (2) and (3)(a), (b), (d), (e) and (f) do not apply to the person.

6

In regulation 16 (new fee grant)—

• (a) in paragraph (3)—

• (i) in sub-paragraph (a), for “£4,954” substitute “ £4,800 ”;

• (ii) in sub-paragraph (b), for “£4,046” substitute “ £4,200 ”;

• (b) in paragraph (4)—

• (i) in sub-paragraph (a), for “£2,560” substitute “ £2,480 ”;

• (ii) in sub-paragraph (b), for “£1,940” substitute “ £2,020 ”.

7

In regulation 19 (new fee loan in respect of courses beginning on or after 1 September 2012)—

• (a) in paragraph (3)(a), for “£4,046” substitute £4,200”;

• (b) in paragraph (4)(a), for “£1,940” substitute “ £2,020 ”.

8

In regulation 30 (grants for dependants – interpretation)—

• (a) in paragraph (1)(o), in the full-out words following paragraphs (i) to (iii), for “party—“ substitute “ party; ”

• (b) correct the numbering after paragraph (1)(o) so that—

• (i) “(p)” is substituted for “(a)”;

• (ii) “(q)” is substituted for “(b)”;

• (iii) “(r)” is substituted for “(c)”;

• (c) in paragraph (3), for “regulation 28” substitute “ regulation 27 ”.

9

In regulation 43 (maximum amount loans for certain students)—

• (a) in paragraph (2)—

• (i) in sub-paragraph (i), after “£5,358” insert “ for a 2010 cohort student, otherwise £5,529 ”;

• (ii) in sub-paragraph (ii), after “£9,697” insert “ for a 2010 cohort student, otherwise £10,007 ”;

• (iii) in sub-paragraph (iii), after “£8,253” insert “ for a 2010 cohort student, otherwise £8,517 ”;

• (iv) in sub-paragraph (iv), after “£8,253” insert “ for a 2010 cohort student, otherwise £8,517 ”;

• (v) in sub-paragraph (v), after “£6,922” insert “ for a 2010 cohort student, otherwise £7,143 ”;

• (b) in paragraph (3)—

• (i) in sub-paragraph (i), after “£4,851” insert “ for a 2010 cohort student, otherwise £5,006 ”;

• (ii) in sub-paragraph (ii), after “£8,830” insert “ for a 2010 cohort student, otherwise £9,112 ”;

• (iii) in sub-paragraph (iii), after “£7,179” insert “ for a 2010 cohort student, otherwise £7,408 ”;

• (iv) in sub-paragraph (iv), after “£7,179” insert “ for a 2010 cohort student, otherwise £7,408 ”;

• (v) in sub-paragraph (v), after “£6,412” insert “ for a 2010 cohort student, otherwise £6,617 ”.

10

In regulation 45 (students with reduced entitlement)—

• (a) in paragraph (1)(a)—

• (i) in paragraph (i), for “£2,544” substitute “ £2,625 ”;

• (ii) in paragraph (ii), for “£4,768” substitute “ £4,920 ”;

• (iii) in paragraph (iii), for “£3,392” substitute “ £3,500 ”;

• (iv) in paragraph (iv), for “£3,392” substitute “ £3,500 ”;

• (v) in paragraph (v), for “£3,392” substitute “ £3,500 ”;

• (b) in paragraph (1)(b)—

• (i) in paragraph (i), for “£2,544” substitute “ £2,625 ”;

• (ii) in paragraph (ii), for “£4,768” substitute “ £4,920 ”;

• (iii) in paragraph (iii), for “£4,056” substitute “ £4,186 ”;

• (iv) in paragraph (iv), for “£4,056” substitute “ £4,186 ”;

• (v) in paragraph (v), for “£3,392” substitute “ £3,500 ”;

• (c) in paragraph (1)(c)—

• (i) in paragraph (i), for “£4,019” substitute “ £4,147 ”;

• (ii) in paragraph (ii), for “£7,273” substitute “ £7,505 ”;

• (iii) in paragraph (iii), for “£6,190” substitute “ £6,388 ”;

• (iv) in paragraph (iv), for “£6,190” substitute “ £6,388 ”;

• (v) in paragraph (v), for “£5,191” substitute “ £5,357 ”;

• (d) in paragraph (2)(a)—

• (i) in paragraph (i), for “£1,934” substitute “ £1,996 ”;

• (ii) in paragraph (ii), for “£3,646” substitute “ £3,763 ”;

• (iii) in paragraph (iii), for “£2,643” substitute “ £2,727 ”;

• (iv) in paragraph (iv), for “£2,643” substitute “ £2,727 ”;

• (v) in paragraph (v), for “£2,643” substitute “ £2,727 ”;

• (e) in paragraph (2)(b)—

• (i) in paragraph (i), for “£1,934” substitute “ £1,996 ”;

• (ii) in paragraph (ii), for “£3,644” substitute “ £3,763 ”;

• (iii) in paragraph (iii), for “£2,965” substitute “ £3,060 ”;

• (iv) in paragraph (iv), for “£2,965” substitute “ £3,060 ”;

• (v) in paragraph (v), for “£2,643” substitute “ £2,727 ”;

• (f) in paragraph (2)(c)—

• (i) in paragraph (i), for “£3,638” substitute “ £3,755 ”;

• (ii) in paragraph (ii), for “£6,623” substitute “ £6,834 ”;

• (iii) in paragraph (iii), for “£5,384” substitute “ £5,556 ”;

• (iv) in paragraph (iv), for “£5,384” substitute “ £5,556 ”;

• (v) in paragraph (v), for “£4,809” substitute “ £4,963 ”.

11

In regulation 50 (increases in maximum amount)—

• (a) in paragraph (1), for “regulation 44” substitute “ regulation 43 or, as the case may be, 44 ”;

• (b) in paragraph (2), for “regulation 44” substitute “ regulation 43 or, as the case may be, 44 ”.

12

In regulation 56 (application of contribution)—

• (a) in paragraph (3)—

• (i) in sub-paragraph (a), for “£4,019” substitute “ £4,147 ”;

• (ii) in sub-paragraph (b), for “£7,273” substitute “ £7,505 ”;

• (iii) in sub-paragraph (c), for “£6,190” substitute “ £6,388 ”;

• (iv) in sub-paragraph (d), for “£6,190” substitute “ £6,388 ”;

• (v) in sub-paragraph (e), for “£5,191” substitute “ £5,357 ”;

• (b) in paragraph (4)—

• (i) in sub-paragraph (a), for “£3,638” substitute “ £3,755 ”;

• (ii) in sub-paragraph (b), for “£6,623” substitute “ £6,834 ”;

• (iii) in sub-paragraph (c), for “£5,384” substitute “ £5,556 ”;

• (iv) in sub-paragraph (d), for “£5,384” substitute “ £5,556 ”;

• (v) in sub-paragraph (e), for “£4,809” substitute “ £4,963 ”.

13

In regulation 92(3)(b) (part-time childcare grant), at the beginning insert “ the eligible part-time student or the eligible part-time student's partner ”.

14

In regulation 95(1)(i) (part-time grants for dependants – interpretation), for “(6)” substitute “ (7) ”.

15

In Schedule 2, paragraph 3(a), for “Technician” substitute “ Technology ”.

SCHEDULE 7 — Index of defined terms

1

Table 16 lists expressions defined or otherwise explained in these Regulations.

Signed

Kirsty Williams — Cabinet Secretary for Education, one of the Welsh Ministers — 2018-02-14

Explanatory note

(This note is not part of the Regulations)

Footnotes