The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2022

Made: 26 January 2022

Laid before Senedd Cymru: 28 January 2022

Coming into force: 23 February 2022

The Welsh Ministers make the following Regulations in exercise of the powers conferred upon the Secretary of State under sections 1 and 2 of the Education (Fees and Awards) Act 1983[^f00001] and sections 22(1)(a), 22(2)(a), (b) and (c) 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]:

PART 1 — Title, commencement and application

Title and commencement

1

• (1) The title of these Regulations is the Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2022.

• (2) These Regulations come into force on 23 February 2022.

Application

2

These Regulations apply 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

CHAPTER 1 — Introduction

3

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

CHAPTER 2 — Afghan citizens

Amendment to the Schedule

4

In the Schedule in paragraph 1, in the definition of “person granted leave to enter or remain as a protected person”—

• (a) omit the terminal “or” at the end of paragraph (c);

• (b) after paragraph (d) insert—

(e) indefinite leave to enter the United Kingdom under paragraph 276BA2 of the immigration rules, indefinite leave to remain in the United Kingdom under paragraph 276BS2 of the immigration rules or leave to enter or indefinite leave to enter the United Kingdom under paragraph 276BJ2 or 276BO2 of the immigration rules; (f) leave to enter or indefinite leave to enter or remain in the United Kingdom outside the immigration rules on the basis of the Afghan Relocations and Assistance Policy Scheme; (g) indefinite leave to enter or remain in the United Kingdom outside the immigration rules on the basis of the Afghan Citizens Resettlement Scheme; or (h) indefinite leave to enter or remain in the United Kingdom outside the immigration rules as the spouse, civil partner or dependent child of a person falling into paragraph (g) or dependent child of such a spouse or civil partner;

CHAPTER 3 — Crown Dependencies

Amendment to regulation 2 (interpretation)

5

Omit regulation 2(8).

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

CHAPTER 1 — Introduction

6

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CHAPTER 2 — Eligibility for certain Afghan citizens

Amendment to regulation 3 (interpretation)

7

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Amendment to regulation 6 (eligible students)

8

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Amendment to Schedule 1 (eligible students)

9

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

CHAPTER 1 — Introduction

10

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

CHAPTER 2 — Afghan citizens

Amendment to the Schedule

11

In paragraph 1 of the Schedule, in the definition of “person granted leave to enter or remain as a protected person”—

• (a) omit the terminal “or” at the end of paragraph (c);

• (b) after paragraph (d) insert—

(e) indefinite leave to enter the United Kingdom under paragraph 276BA2 of the immigration rules, indefinite leave to remain in the United Kingdom under paragraph 276BS2 of the immigration rules or leave to enter or indefinite leave to enter the United Kingdom under paragraph 276BJ2 or 276BO2 of the immigration rules; (f) leave to enter or indefinite leave to enter or remain in the United Kingdom outside the immigration rules on the basis of the Afghan Relocations and Assistance Policy Scheme; (g) indefinite leave to enter or remain in the United Kingdom outside the immigration rules on the basis of the Afghan Citizens Resettlement Scheme; or (h) indefinite leave to enter or remain in the United Kingdom outside the immigration rules as the spouse, civil partner or dependent child of a person falling into paragraph (g) or dependent child of such a spouse or civil partner;

CHAPTER 3 — Crown Dependencies

Amendment to the Schedule

12

In the Schedule, in paragraph 1(6)—

• (a) for “Scotland,” substitute “Scotland or”;

• (b) omit “or the Islands”.

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

CHAPTER 1 — Introduction

13

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

CHAPTER 2 — Amendments relating to financial support

Amendments to regulation 16 (new fee grant)

14

In regulation 16—

• (a) in paragraph (3)(a), for “£4,395” substitute “£4,295”;

• (b) in paragraph (3)(b), for “£4,605” substitute “£4,705”;

• (c) in paragraph (4)(a), for “£2,270” substitute “£2,220”;

• (d) in paragraph (4)(b), for “£2,230” substitute “£2,280”.

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

15

In regulation 19—

• (a) in paragraph (3)(a), for “£4,605” substitute “£4,705”;

• (b) in paragraph (4)(a), for “£2,230” substitute “£2,280”.

Amendment to regulation 24 (grants for disabled students’ living costs)

16

In regulation 24(3), for “£31,831” substitute “£32,546”.

Amendment to regulation 26 (grants for dependants – adult dependants’ grant)

17

In regulation 26(3), for “£3,190”, in both places it occurs, substitute “£3,262”.

Amendments to regulation 27 (grants for dependants – childcare grant)

18

In regulation 27—

• (a) in paragraph (7)—

• (i) in sub-paragraph (a), for “£179.62” substitute “£184”;

• (ii) in sub-paragraph (b), for “£307.95” substitute “£315”;

• (b) in paragraph (9)(a), for “£138.81” substitute “£141”.

Amendment to regulation 28 (grants for dependants – parents’ learning allowance)

19

In regulation 28(2), for “£1,821” substitute “£1,862”.

Amendments to regulation 43 (maximum amount of loans for eligible students with full entitlement who are 2010 cohort students, 2012 cohort students or 2012 accelerated graduate entry students undertaking their first year of study)

20

In regulation 43—

• (a) in paragraph (2)(i), for “£6,027” substitute “£6,163”;

• (b) in paragraph (2)(ii), for “£10,907” substitute “£11,152”;

• (c) in paragraph (2)(iii), for “£9,283” substitute “£9,492”;

• (d) in paragraph (2)(iv), for “£9,283” substitute “£9,492”;

• (e) in paragraph (2)(v), for “£7,786” substitute “£7,961”;

• (f) in paragraph (3)(i), for “£5,457” substitute “£5,580”;

• (g) in paragraph (3)(ii), for “£9,932” substitute “£10,155”;

• (h) in paragraph (3)(iii), for “£8,074” substitute “£8,256”;

• (i) in paragraph (3)(iv), for “£8,074” substitute “£8,256”;

• (j) in paragraph (3)(v), for “£7,213” substitute “£7,375”.

Amendments to regulation 45 (students with reduced entitlement)

21

In regulation 45—

• (a) in paragraph (1)(a)(i), for “£2,862” substitute “£2,926”;

• (b) in paragraph (1)(a)(ii), for “£5,363” substitute “£5,484”;

• (c) in paragraph (1)(a)(iii), for “£4,563” substitute “£4,666”;

• (d) in paragraph (1)(a)(iv), for “£4,563” substitute “£4,666”;

• (e) in paragraph (1)(a)(v), for “£3,815” substitute “£3,901”;

• (f) in paragraph (1)(b)(i), for “£2,862” substitute “£2,926”;

• (g) in paragraph (1)(b)(ii), for “£5,363” substitute “£5,484”;

• (h) in paragraph (1)(b)(iii), for “£4,563” substitute “£4,666”;

• (i) in paragraph (1)(b)(iv), for “£4,563” substitute “£4,666”;

• (j) in paragraph (1)(b)(v), for “£3,815” substitute “£3,901”;

• (k) in paragraph (1)(c)(i), for “£4,520” substitute “£4,622”;

• (l) in paragraph (1)(c)(ii), for “£8,180” substitute “£8,364”;

• (m) in paragraph (1)(c)(iii), for “£6,962” substitute “£7,119”;

• (n) in paragraph (1)(c)(iv), for “£6,962” substitute “£7,119”;

• (o) in paragraph (1)(c)(v), for “£5,840” substitute “£5,971”;

• (p) in paragraph (2)(a)(i), for “£2,175” substitute “£2,224”;

• (q) in paragraph (2)(a)(ii), for “£4,102” substitute “£4,194”;

• (r) in paragraph (2)(a)(iii), for “£2,973” substitute “£3,040”;

• (s) in paragraph (2)(a)(iv), for “£2,973” substitute “£3,040”;

• (t) in paragraph (2)(a)(v), for “£2,973” substitute “£3,040”;

• (u) in paragraph (2)(b)(i), for “£2,175” substitute “£2,224”;

• (v) in paragraph (2)(b)(ii), for “£4,102” substitute “£4,194”;

• (w) in paragraph (2)(b)(iii), for “£3,336” substitute “£3,411”;

• (x) in paragraph (2)(b)(iv), for “£3,336” substitute “£3,411”;

• (y) in paragraph (2)(b)(v), for “£2,973” substitute “£3,040”;

• (z) in paragraph (2)(c)(i), for “£4,093” substitute “£4,185”;

• (aa) in paragraph (2)(c)(ii), for “£7,449” substitute “£7,616”;

• (bb) in paragraph (2)(c)(iii), for “£6,056” substitute “£6,192”;

• (cc) in paragraph (2)(c)(iv), for “£6,056” substitute “£6,192”;

• (dd) in paragraph (2)(c)(v), for “£5,410” substitute “£5,531”.

Amendments to regulation 50 (increases in maximum amount)

22

In regulation 50—

• (a) in paragraph (1)(a), for “£89” substitute “£91”;

• (b) in paragraph (1)(b), for “£172” substitute “£176”;

• (c) in paragraph (1)(c), for “£188” substitute “£192”;

• (d) in paragraph (1)(d), for “£188” substitute “£192”;

• (e) in paragraph (1)(e), for “£135” substitute “£138”.

Amendments to regulation 56 (application of contribution)

23

In regulation 56—

• (a) in paragraph (3)(a), for “£4,520” substitute “£4,622”;

• (b) in paragraph (3)(b), for “£8,180” substitute “£8,364”;

• (c) in paragraph (3)(c), for “£6,962” substitute “£7,119”;

• (d) in paragraph (3)(d), for “£6,962” substitute “£7,119”;

• (e) in paragraph (3)(e), for “£5,840” substitute “£5,971”;

• (f) in paragraph (4)(a), for “£4,093” substitute “£4,185”;

• (g) in paragraph (4)(b), for “£7,449” substitute “£7,616”;

• (h) in paragraph (4)(c), for “£6,056” substitute “£6,192”;

• (i) in paragraph (4)(d), for “£6,056” substitute “£6,192”;

• (j) in paragraph (4)(e), for “£5,410” substitute “£5,531”.

Amendment to regulation 88 (grants for disabled part-time students’ living costs)

24

In regulation 88(3)(a), for “£31,831” substitute “£32,546”.

Amendments to regulation 91 (part-time adult dependants’ grant)

25

In regulation 91(3)—

• (a) in sub-paragraph (a), for “£3,190” substitute “£3,262”;

• (b) in sub-paragraph (b), for “£3,190” substitute “£3,262”.

Amendment to regulation 92 (part-time childcare grant)

26

In regulation 92—

• (a) in paragraph (6)—

• (i) in sub-paragraph (a), for “£179.62” substitute “£184”;

• (ii) in sub-paragraph (b), for “£307.95” substitute “£315”;

• (b) in paragraph (8)(a), for “£138.31” substitute “£141”.

Amendment to regulation 93 (part-time parents’ learning allowance)

27

In regulation 93(2), for “£1,821” substitute “£1,862”.

Amendment to regulation 117 (amount of grant)

28

In regulation 117(2)(a), for “£31,831” substitute “£32,546”.

CHAPTER 3 — Amendment to the definition of “Erasmus year”

Amendment to regulation 2 (interpretation)

29

In regulation 2(1), in the definition of “Erasmus year”, for “known as ERASMUS or in the scheme established by the Secretary of State for Education known as the Turing Scheme,” substitute “known as ERASMUS, in the scheme established by the Secretary of State for Education known as the Turing Scheme or in the scheme established by the Welsh Ministers known as the International Learning Exchange Programme,”.

CHAPTER 4 — EU Settlement Scheme

Amendments to regulation 2 (interpretation)

30

In regulation 2(1)—

• (a) omit the definition of “grace period”;

• (b) in the definition of “person with protected rights”, omit paragraph (1)(a)(iii).

Amendments to regulations 4, 81 and 110

31

In each of regulations 4(10E)(a), 81(10E)(a) and 110(12E)(a)—

• (a) in paragraph (i), omit “(iii),”;

• (b) in paragraph (ii), omit “(iii) or”.

Amendment to Schedule 1 (eligible students)

32

In Schedule 1, omit paragraph 3(1)(a)(iii).

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

CHAPTER 1 — Introduction

33

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

CHAPTER 2 — Eligibility for certain Afghan citizens

Insertion of new regulation 23F (termination of eligibility – relevant Afghan citizen)

34

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

35

After regulation 23E insert—

(23F) (1) This regulation applies where— (a) a person (“P”) was an eligible student as a result of being a person with leave to enter or remain as a relevant Afghan citizen (see Schedule 2, paragraph 2ZA) 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 and no appeal is pending. (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 80 (qualifying for a tuition fee loan during the academic year)

36

In regulation 80—

• (a) after paragraph (2)(b)(ib) insert—

(ic) the student becomes a person with leave to enter or remain as a relevant Afghan citizen;

• (b) in paragraph (3), at the appropriate place insert “person with leave to enter or remain as a relevant Afghan citizen”.

Amendment to regulation 81 (qualifying for grants or maintenance loan during the academic year)

37

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

(ic) the student becomes a person with leave to enter or remain as a relevant Afghan citizen;

Amendments to Schedule 2 (categories of eligible student)

38

In Schedule 2, in paragraph 2ZA—

• (a) in sub-paragraph (4)(b)—

• (i) in sub-paragraph (iii), omit the terminal “or” and after sub-paragraph (iv) insert “or”;

• (ii) after sub-paragraph (iv) insert—

(v) a person with leave to enter or remain as a relevant Afghan citizen,

• (b) after sub-paragraph (4)(e) insert—

(ea) “person with leave to enter or remain as a relevant Afghan citizen” means a person granted— (i) indefinite leave to enter the United Kingdom under paragraph 276BA2 of the immigration rules, indefinite leave to remain in the United Kingdom under paragraph 276BS2 of the immigration rules or leave to enter or indefinite leave to enter the United Kingdom under paragraph 276BJ2 or 276BO2 of the immigration rules, (ii) leave to enter or indefinite leave to enter or remain in the United Kingdom outside the immigration rules on the basis of the Afghan Relocations and Assistance Policy Scheme, (iii) indefinite leave to enter or remain in the United Kingdom outside the immigration rules on the basis of the Afghan Citizens Resettlement Scheme, or (iv) indefinite leave to enter or remain in the United Kingdom outside the immigration rules as the spouse, civil partner or dependent child of a person falling into paragraph (iii) or dependent child of such a spouse or civil partner,

Amendments to Schedule 4 (disabled postgraduate student’s grant)

39

In Schedule 4—

• (a) after paragraph 13E insert—

(13F) (1) This paragraph applies where— (a) a person (“P”) was an eligible postgraduate student by reason of them being a person with leave to enter or remain as a relevant Afghan citizen (see Schedule 2, paragraph 2ZA) in connection with an application for 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 and no appeal is pending. (2) Where this paragraph 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.

• (b) after paragraph 14(3)(b)(ib) insert—

(ic) the student becomes a person with leave to enter or remain as a relevant Afghan citizen;