The Education (Student Finance) (Ukrainian Nationals and Family Members) (Miscellaneous Amendments) (Wales) Regulations 2022

Made: 5 July 2022

Laid before Senedd Cymru: 7 July 2022

Coming into force: 24 July 2022

The Welsh Ministers, in exercise of the powers conferred upon the Secretary of State by sections 1 and 2 of the Education (Fees and Awards) Act 1983[^f00001] and sections 22(1)(a), 22(2)(a) and (d) and 42(6) of the Teaching and Higher Education Act 1998[^f00002] and now exercisable by them[^f00003] and powers conferred on them under sections 5(5)(b) and 55(2) of the Higher Education (Wales) Act 2015[^f00004], make the following Regulations:

PART 1 — Title, commencement and application

Title and commencement

1

The title of these Regulations is the Education (Student Finance) (Ukrainian Nationals and Family Members) (Miscellaneous Amendments) (Wales) Regulations 2022.

2

These Regulations come into force on 24 July 2022.

Application

3

These Regulations apply in relation to the provision of support to a student in relation to an academic year which begins on or after 1 August 2022, whether or not anything done under these Regulations is done before, on or after that date.

PART 2 — Amendments to the Education (Fees and Awards) (Wales) Regulations 2007

Introduction

4

The Education (Fees and Awards) (Wales) Regulations 2007[^f00005] are amended in accordance with this Part.

Amendments to regulations 4 to 8

5

In regulation 4(1)(a), after “4B,” insert “4C,”.

6

In regulation 5(1)—

• (a) in sub-paragraph (b)(i), after “4B,” insert “4C,”;

• (b) in sub-paragraph (c)(i), after “4B,” insert “4C,”.

7

In regulation 6—

• (a) in paragraph (2)(a), after “4B,” insert “4C,”;

• (b) in paragraph (3)(a), after “4B,” insert “4C,”.

8

In regulation 7—

• (a) in paragraph (2)(a), after “4B,” insert “4C,”;

• (b) in paragraph (3)(a), after “4B,” insert “4C,”.

9

In regulation 8—

• (a) in paragraph (1)(a), after “4B,” insert “4C,”;

• (b) in paragraph (2)(a), after “4B,” insert “4C,”.

Amendment to the Schedule

10

In the Schedule—

• (a) in paragraph 1, at the appropriate place insert—

• “protected Ukrainian national” (“gwladolyn Wcreinaidd a ddiogelir”) means a person granted leave to enter or remain in the United Kingdom—under paragraph 9.1 (Ukraine Family Scheme), 19.1 (Homes for Ukraine Sponsorship Scheme) or 27.1 (Ukraine Extension Scheme) of Appendix Ukraine Scheme of the immigration rules; oroutside the immigration rules, where the person—was residing in Ukraine immediately before 1 January 2022; andleft Ukraine in connection with the Russian invasion which took place on 24 February 2022;

• (b) after paragraph 4B insert—

(4C) A person who— (a) is a protected Ukrainian national; (b) has been ordinarily resident in the United Kingdom and Islands throughout the period since becoming a protected Ukrainian national; and (c) is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.

PART 3 — Amendments to the Education (European University Institute) (Wales) Regulations 2014

Introduction

11

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Amendment to regulation 3

12

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Amendment to regulation 6

13

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Amendment to Schedule 1

14

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PART 4 — Amendments to the Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015

Introduction

15

The Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015[^f00007] are amended in accordance with this Part.

Amendment to regulation 4

16

In regulation 4(9)(a), after “4B,” insert “4C,”.

Amendments to the Schedule

17

In the Schedule—

• (a) in paragraph 1(1), at the appropriate place insert—

• “protected Ukrainian national” (“gwladolyn Wcreinaidd a ddiogelir”) means a person granted leave to enter or remain in the United Kingdom—under paragraph 9.1 (Ukraine Family Scheme), 19.1 (Homes for Ukraine Sponsorship Scheme) or 27.1 (Ukraine Extension Scheme) of Appendix Ukraine Scheme of the immigration rules; oroutside the immigration rules, where the person—was residing in Ukraine immediately before 1 January 2022; andleft Ukraine in connection with the Russian invasion which took place on 24 February 2022;

• (b) after paragraph 4B insert—

(4C) A person who— (a) is a protected Ukrainian national; (b) has been ordinarily resident in the United Kingdom and Islands throughout the period since becoming a protected Ukrainian national; and (c) is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.

PART 5 — Amendments to the Education (Student Support) (Wales) Regulations 2017

Introduction

18

The Education (Student Support) (Wales) Regulations 2017[^f00008] are amended in accordance with this Part.

Amendment to regulation 2

19

In regulation 2(1), at the appropriate place insert—

• “protected Ukrainian national” (“gwladolyn Wcreinaidd a ddiogelir”) means a person granted leave to enter or remain in the United Kingdom—under paragraph 9.1 (Ukraine Family Scheme), 19.1 (Homes for Ukraine Sponsorship Scheme) or 27.1 (Ukraine Extension Scheme) of Appendix Ukraine Scheme of the immigration rules; oroutside the immigration rules, where the person—was residing in Ukraine immediately before 1 January 2022; andleft Ukraine in connection with the Russian invasion which took place on 24 February 2022;

Amendment to regulation 4

20

In regulation 4—

• (a) in paragraph (2)(a), after “4ZB,” insert “4ZC,”;

• (b) after paragraph (10E) insert—

(10F) Where— (a) the Welsh Ministers have determined that by virtue of being a protected Ukrainian national, a person (“A” in this paragraph) was— (i) an eligible student in connection with an application for support for an earlier year of the present course, an application for support for a course in relation to which the present course is an end-on course or an application for support in connection with a designated part-time course or other designated course from which A’s status as an eligible part-time student or eligible student has been transferred to the present course; or (ii) a qualifying student in connection with an application for support for an earlier year of the qualifying course or other qualifying course from which A’s status as a qualifying student has been transferred to the qualifying course in respect of which the student is applying for support; and (b) as at the day before the academic year in respect of which A is applying for support starts, the period for which A is allowed to stay in the United Kingdom as a protected Ukrainian national has expired and no further leave to enter or remain has been granted, Aʼs status as an eligible or qualifying student terminates immediately before the first day of the academic year in respect of which A is applying for support.

Amendment to regulation 15

21

In regulation 15, after paragraph (bb) insert—

(bc) the student becomes a protected Ukrainian national;

Amendment to regulation 23

22

In regulation 23—

• (a) in paragraph (12), after sub-paragraph (bb) insert—

(bc) the student becomes a protected Ukrainian national;

• (b) omit paragraph (17).

Amendment to regulation 26

23

In regulation 26(1), after “attendance on” insert “or undertaking of”.

Amendment to regulation 27

24

In regulation 27(1), after “attendance on” insert “or undertaking of”.

Amendment of regulation 28

25

In regulation 28(1), after “attendance on” insert “or undertaking of”.

Amendment to regulation 49

26

In regulation 49(2), after sub-paragraph (bb) insert—

(bc) the student becomes a protected Ukrainian national;

Amendment to regulations 81 and 82

27

In regulation 81—

• (a) in paragraph (2)(a), after “4ZB,” insert “4ZC,”;

• (b) after paragraph (10E) insert—

(10F) Where— (a) the Welsh Ministers determined that, by virtue of being a protected Ukrainian national, a person (“A” in this paragraph) was an eligible part-time student in connection with an application for support for an earlier year of the present part-time course or an application for support in connection with a designated course or other designated part-time course from which A’s status as an eligible part-time student or eligible student has been transferred to the present part-time course; and (b) as at the day before the academic year in respect of which A is applying for support begins, the period for which A is allowed to stay in the United Kingdom as a protected Ukrainian national has expired and no further leave to enter or remain has been granted, Aʼs status as an eligible part-time student terminates immediately before the first day of the academic year in respect of which A is applying for support.

28

In regulation 82(4), after sub-paragraph (bb) insert—

(bc) the student becomes a protected Ukrainian national;

Amendment to regulation 91

29

In regulation 91(1), after “attendance on” insert “or undertaking of”.

Amendment to regulation 92

30

In regulation 92(1), after “attendance on” insert “or undertaking of”.

Amendment to regulation 93

31

In regulation 93(1), after “attendance on” insert “or undertaking of”.

Amendment to regulations 110 and 111

32

In regulation 110—

• (a) in paragraph (3)(a)(i), after “4ZB,” insert “4ZC,”;

• (b) after paragraph (12E) insert—

(12F) Where— (a) the Welsh Ministers have determined that, by virtue of being a protected Ukrainian national, a person (“A” in this paragraph) was an eligible postgraduate student in connection with an application for support for an earlier year of the present postgraduate course or an application for support in connection with another designated postgraduate course, from which A’s status as an eligible postgraduate student has been transferred to the present postgraduate course; and (b) as at the day before the academic year in respect of which A is applying for support begins, the period for which A is allowed to stay in the United Kingdom as a protected Ukrainian national has expired and no further leave to enter or remain has been granted, Aʼs status as an eligible postgraduate student terminates immediately before the first day of the academic year in respect of which A is applying for support.

33

After regulation 111(2)(bb) insert—

(bc) the student becomes a protected Ukrainian national;

Amendment to Schedule 1

34

In Schedule 1, after paragraph 4ZB insert—

(4ZC) A person who— (a) is a protected Ukrainian national; (b) has been ordinarily resident in the United Kingdom and Islands throughout the period since becoming a protected Ukrainian national; and (c) is ordinarily resident in Wales on the first day of the first academic year of the course.

Amendment to Schedule 4

35

In Schedule 4, paragraph 6, after sub-paragraph (ab) insert—

(ac) the student becomes a protected Ukrainian national;

PART 6 — Amendments to the Education (Student Support) (Wales) Regulations 2018

Introduction

36

The Education (Student Support) (Wales) Regulations 2018[^f00009] are amended in accordance with this Part.

Amendment to regulation 9

37

In regulation 9(1)(a)(i), after “2ZB,” insert “2ZC,”.

Amendment to regulation 12

38

In regulation 12(1), for “23E or 23F” substitute “23E, 23F or 23G”.

Insertion of new regulation 23G

39

After regulation 23F insert—

(23G) (1) This regulation applies where— (a) a person (“P”) was an eligible student as a result of being a protected Ukrainian national (see Schedule 2, paragraph 2ZC) in connection with an application for support— (i) for an earlier year of the present course, (ii) for a full-time course in relation to which the present course is a full-time end-on course, or (iii) for a course from which P’s status as an eligible student has been transferred to the present course under regulation 28 or paragraph 7 of Schedule 5, 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 support, the period for which P is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted. (2) Where this regulation applies, P’s status as an eligible student terminates immediately before the first day of the academic year in respect of which P is applying for support.

Amendment to regulation 69

40

In regulation 69, in paragraph (2), omit Exception 5.

Amendment to regulation 80

41

In regulation 80—

• (a) in paragraph (2)(b), after paragraph (ic) insert—

(id) the student becomes a protected Ukrainian national;

• (b) in paragraph (3), at the appropriate place insert ““protected Ukrainian national” (“gwladolyn Wcreinaidd a ddiogelir”);”.

Amendment to regulation 81

42

In regulation 81(3)(b), after paragraph (ic) insert—

(id) the student becomes a protected Ukrainian national;

Amendment to Schedule 2

43

In Schedule 2, after paragraph 2ZB insert—

(2ZC) (1) A person who— (a) is a protected Ukrainian national, (b) has been ordinarily resident in the United Kingdom and Islands throughout the period since becoming a protected Ukrainian national, and (c) is ordinarily resident in Wales on the first day of the first academic year of the course. (2) In this paragraph, “protected Ukrainian national” means a person granted leave to enter or remain in the United Kingdom— (a) under paragraph 9.1 (Ukraine Family Scheme), 19.1 (Homes for Ukraine Sponsorship Scheme) or 27.1 (Ukraine Extension Scheme) of Appendix Ukraine Scheme of the immigration rules, or (b) outside the immigration rules, where the person— (i) was residing in Ukraine immediately before 1 January 2022, and (ii) left Ukraine in connection with the Russian invasion which took place on 24 February 2022.

Amendment to Schedule 4

44

In Schedule 4—

• (a) in paragraph 4(1)(a)(i), after “2ZB,” insert “2ZC,”;

• (b) after paragraph 13F insert—

(13G) (1) This paragraph applies where— (a) a person (“P”) was an eligible postgraduate student by reason of them being a protected Ukrainian national (see Schedule 2, paragraph 2ZC) 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 P is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted. (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 support.

• (c) in paragraph 14—

• (i) in sub-paragraph (3)(b), after paragraph (ic) insert—

(id) the student becomes a protected Ukrainian national;

• (ii) in sub-paragraph (4), at the appropriate place insert ““protected Ukrainian national” (“gwladolyn Wcreinaidd a ddiogelir”);”.

Amendment to Schedule 7

45