The Education (Student Finance) (Miscellaneous Amendments) (No. 3) (Wales) Regulations 2023

Made: 8 December 2023

Laid before Senedd Cymru: 12 December 2023

Coming into force: 4 January 2024

The Welsh Ministers make the following Regulations 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), (2)(a) and (b) 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, coming into force and application

Title and coming into force

1

• (1) The title of these Regulations is the Education (Student Finance) (Miscellaneous Amendments) (No. 3) (Wales) Regulations 2023.

• (2) These Regulations come into force on 4 January 2024.

Application

2

• (1) The following regulations apply only in relation to the provision of support, and to fees and awards applicable, in relation to an academic year which begins on or after 1 August 2024, whether or not anything done under these Regulations is done before, on or after 1 August 2024—

• (a) regulations 4, 5, 10, 11, 15, 16, 34, 35, 36, 37, 58, 59, 60, 66 and 67 (amendments relating to family members of Afghan citizens),

• (b) regulations 6, 12, 13, 17, 19, 20, 21, 22, 23, 24, 38, 39, 40, 41, 61, 62, 68, 69 and 70 (amendments relating to family members of Ukrainian nationals), and

• (c) regulations 30, 31, 32 and 53 (amendments relating to healthcare bursary – loan for living costs and maintenance loan).

• (2) The following regulations apply only in relation to the provision of support in respect of a course which begins on or after 1 August 2024 whether or not anything done under these Regulations is done before, on or after 1 August 2024—

• (a) regulation 54 (amendments to grants for dependants – distance learning students), and

• (b) regulations 63, 71, 72, 73, 74, 75 and 76 (amendments relating to early termination of eligibility).

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 — Family members of Afghan citizens

4

• (1) In each of the regulations specified in paragraph (2), after “4C,” insert “4D,”.

• (2) The regulations specified for the purpose of paragraph (1) are regulation 4(1)(a), 5(1)(b)(i), 5(1)(c)(i), 6(2)(a), 6(3)(a), 7(2)(a), 7(3)(a), 8(1)(a) and 8(2)(a).

5

In the Schedule—

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

• (i) after paragraph (c) insert “or”;

• (ii) omit paragraphs (e), (ea), (eb), (f), (g) and (h);

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

• “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”) means a person who has— indefinite leave to enter the United Kingdom under paragraph 276BA2 of the immigration rules or indefinite leave to remain in the United Kingdom under paragraph 276BS2 of the immigration rules; indefinite leave to enter the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy to the immigration rules or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.2 of that Appendix to the immigration rules; 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; or indefinite leave to enter or remain in the United Kingdom outside the immigration rules on the basis of the Afghan Citizens Resettlement Scheme;

• (c) after paragraph 4C insert—

(4D) (1) A person who— (a) is a person with leave to enter or remain as a relevant Afghan citizen; (b) is ordinarily resident in the United Kingdom and the Islands and has not ceased to be so resident since being granted such leave; and (c) is ordinarily resident in the United Kingdom on the first day of the first academic year of the course. (2) A person who— (a) is the spouse or civil partner of a person with leave to enter or remain as a relevant Afghan citizen; (b) on the leave application date was the spouse or civil partner of a person with leave to enter or remain as a relevant Afghan citizen; (c) is ordinarily resident in the United Kingdom and the Islands and has not ceased to be so resident since being granted leave to enter or remain in the United Kingdom; and (d) is ordinarily resident in the United Kingdom on the first day of the first academic year of the course. (3) A person who— (a) is— (i) the child of a person with leave to enter or remain as a relevant Afghan citizen; or (ii) the child of the spouse or civil partner of a person with leave to enter or remain as a relevant Afghan citizen; (b) on the leave application date was— (i) under 18 years old; and (ii) the child of a person with leave to enter or remain as a relevant Afghan citizen or, as the case may be, the child of a person who was the spouse or civil partner of a person with leave to enter or remain as a relevant Afghan citizen; (c) is ordinarily resident in the United Kingdom and the Islands and has not ceased to be so resident since being granted leave to enter or remain in the United Kingdom; and (d) is ordinarily resident in the United Kingdom on the first day of the first academic year of the course. (4) In this paragraph, “leave application date” means the date on which a person (“P”) made an application for leave to enter or remain in the United Kingdom that results in P becoming a person with leave to enter or remain as a relevant Afghan citizen.

CHAPTER 3 — Family members of Ukrainian nationals

6

In the Schedule, in paragraph 4C—

• (a) the existing text becomes sub-paragraph (1);

• (b) after that sub-paragraph insert—

(2) A person who— (a) is the spouse or civil partner of a protected Ukrainian national; (b) on the leave application date, was the spouse or civil partner of that person; (c) is ordinarily resident in the United Kingdom and the Islands and has not ceased to be so resident since being granted leave to enter or remain in the United Kingdom; and (d) is ordinarily resident in the United Kingdom on the first day of the first academic year of the course. (3) A person who— (a) is— (i) the child of a protected Ukrainian national; or (ii) the child of the spouse or civil partner of a protected Ukrainian national; (b) on the leave application date was— (i) under 18 years old; and (ii) the child of a protected Ukrainian national or, as the case may be, the child of a person who was the spouse or civil partner of a protected Ukrainian national; (c) is ordinarily resident in the United Kingdom and the Islands and has not ceased to be so resident since being granted leave to enter or remain in the United Kingdom; and (d) is ordinarily resident in the United Kingdom on the first day of the first academic year of the course. (4) In this paragraph, “leave application date” means the date on which a person (“P”) made an application for leave to enter or remain in the United Kingdom that results in P becoming a protected Ukrainian national.

CHAPTER 4 — Corrections to the Welsh language text

7

• (1) In each of the regulations specified in paragraph (2), in the Welsh language text—

• (a) after “9C,” insert “9Ch,”;

• (b) omit “9E,”.

• (2) The regulations specified for the purpose of paragraph (1) are regulations 4(1)(a), 5(1)(b)(i), 6(2)(a), 6(3)(a), 7(2)(a), 7(3)(a), 8(1)(a) and 8(2)(a).

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

CHAPTER 1 — Introduction

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CHAPTER 2 — Amendments to the definition of “person with leave to enter or remain as a relevant Afghan citizen”

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CHAPTER 3 — Family members of Afghan citizens

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CHAPTER 4 — Family members of Ukrainian nationals

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

CHAPTER 1 — Introduction

14

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

CHAPTER 2 — Family members of Afghan citizens

15

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

16

In the Schedule—

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

• (i) after paragraph (c) insert “or”;

• (ii) omit paragraphs (e), (ea), (eb), (f), (g) and (h);

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

• “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”) means a person who has— indefinite leave to enter the United Kingdom under paragraph 276BA2 of the immigration rules or indefinite leave to remain in the United Kingdom under paragraph 276BS2 of the immigration rules; indefinite leave to enter the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy to the immigration rules or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.2 of that Appendix to the immigration rules; 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; or indefinite leave to enter or remain in the United Kingdom outside the immigration rules on the basis of the Afghan Citizens Resettlement Scheme;

• (c) After paragraph 4C insert—

(4D) (1) A person who— (a) is a person with leave to enter or remain as a relevant Afghan citizen; (b) is ordinarily resident in the United Kingdom and the Islands and has not ceased to be so resident since being granted such leave; and (c) is ordinarily resident in the United Kingdom on the first day of the first academic year of the course. (2) A person who— (a) is the spouse or civil partner of a person with leave to enter or remain as a relevant Afghan citizen; (b) on the leave application date was the spouse or civil partner of a person with leave to enter or remain as a relevant Afghan citizen; (c) is ordinarily resident in the United Kingdom and the Islands and has not ceased to be so resident since being granted leave to enter or remain in the United Kingdom; and (d) is ordinarily resident in the United Kingdom on the first day of the first academic year of the course. (3) A person who— (a) is— (i) the child of a person with leave to enter or remain as a relevant Afghan citizen; or (ii) the child of the spouse or civil partner of a person with leave to enter or remain as a relevant Afghan citizen; (b) on the leave application date was— (i) under 18 years old; and (ii) the child of the person with leave to enter or remain as a relevant Afghan citizen or, as the case may be, the child of a person who was the spouse or civil partner of a person with leave to enter or remain as a relevant Afghan citizen; (c) is ordinarily resident in the United Kingdom and the Islands and has not ceased to be so resident since being granted leave to enter or remain in the United Kingdom; and (d) is ordinarily resident in the United Kingdom on the first day of the first academic year of the course. (4) In this paragraph, “leave application date” means the date on which a person (“P”) made an application for leave to enter or remain in the United Kingdom that results in P becoming a person with leave to enter or remain as a relevant Afghan citizen.

CHAPTER 3 — Family members of Ukrainian nationals

17

In the Schedule, in paragraph 4C—

• (a) the existing text becomes sub-paragraph (1);

• (b) after that sub-paragraph insert—

(2) A person who— (a) is the spouse or civil partner of a protected Ukrainian national; (b) on the leave application date, was the spouse or civil partner of that person; (c) is ordinarily resident in the United Kingdom and the Islands and has not ceased to be so resident since being granted leave to enter or remain in the United Kingdom; and (d) is ordinarily resident in the United Kingdom on the first day of the first academic year of the course. (3) A person who— (a) is— (i) the child of a protected Ukrainian national; or (ii) the child of a spouse or civil partner of a protected Ukrainian national; (b) on the leave application date was— (i) under 18 years old; and (ii) the child of the protected Ukrainian national or, as the case may be, the child of a person who was the spouse or civil partner of a protected Ukrainian national; (c) is ordinarily resident in the United Kingdom and the Islands and has not ceased to be so resident since being granted leave to enter or remain in the United Kingdom; and (d) is ordinarily resident in the United Kingdom on the first day of the first academic year of the course. (4) In this paragraph, “leave application date” means the date on which a person (“P”) made an application for leave to enter or remain in the United Kingdom that results in P becoming a person granted leave to enter or remain as a protected Ukrainian national.

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

CHAPTER 1 — Introduction

18

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

CHAPTER 2 — Family members of Ukrainian nationals

19

In regulation 4(10F)—

• (a) in sub-paragraph (a), after “Ukrainian national” insert “or the spouse, civil partner, child or step-child of such a person”;

• (b) in sub-paragraph (b), for “A is allowed to stay in the United Kingdom” substitute “the person granted leave to enter or remain”.

20

At the end of each of regulations 15(bc), 23(12)(bc), 49(2)(bc), 82(4)(bc) and 111(2)(bc), insert “or the spouse, civil partner, child or step-child of such a person”.

21

In regulation 81(10F)—

• (a) in sub-paragraph (a), after “Ukrainian national” insert “or the spouse, civil partner, child or step-child of such a person”;

• (b) in sub-paragraph (b), for “A is allowed to stay in the United Kingdom” substitute “the person granted leave to enter or remain”.

22

In regulation 110(12F)—

• (a) in sub-paragraph (a), after “Ukrainian national” insert “or the spouse, civil partner, child or step-child of such a person”;

• (b) in sub-paragraph (b), for “A is allowed to stay in the United Kingdom” substitute “the person granted leave to enter or remain”.

23

In Schedule 1, in paragraph 4ZC—

• (a) the existing text becomes sub-paragraph (1);

• (b) after that sub-paragraph insert—

(2) A person who— (a) is the spouse or civil partner of a protected Ukrainian national; (b) on the leave application date was the spouse or civil partner of that person; (c) is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being granted leave to enter or remain in the United Kingdom; and (d) is ordinarily resident in Wales on the first day of the first academic year of the course. (3) A person who— (a) is— (i) the child of a protected Ukrainian national; or (ii) the child of a spouse or civil partner of a protected Ukrainian national; (b) on the leave application date was— (i) under 18 years old; and (ii) the child of a protected Ukrainian national or, as the case may be, the child of a person who was the spouse or civil partner of a protected Ukrainian national; (c) is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being granted leave to enter or remain in the United Kingdom; and (d) is ordinarily resident in Wales on the first day of the first academic year of the course. (4) In this paragraph, “leave application date” means the date on which a person (“P”) made an application for leave to enter or remain in the United Kingdom that results in P becoming a protected Ukrainian national.

24

In Schedule 4, in paragraph 6(ac), at the end insert “or the spouse, civil partner, child or step-child of such a person”.

CHAPTER 3 — Scottish healthcare allowances

25

In regulation 2(1)—

• (a) in the definition of “bursary year” omit “or a Scottish healthcare allowance”;

• (b) omit the definition of “Scottish healthcare allowance”.

26

For regulation 4(3)(c) substitute—

(c) there has been bestowed on, or paid to, A in relation to A’s attendance on the course a healthcare bursary, other than a universal healthcare bursary, the amount of which is not calculated by reference to A’s income;

27

For regulation 7(5)(b) substitute—

(b) the eligible student is to receive any payment under a healthcare bursary the amount of which is calculated by reference to the student’s income; or

28

For regulation 81(3)(a) substitute—

(a) there has been bestowed on, or paid to, A in relation to A undertaking the part-time course, a healthcare bursary whether or not the amount of such bursary is calculated by reference to A’s income;

29

Omit regulation 110(4)(a)(ii).

CHAPTER 4 — Amendments relating to healthcare bursary – loan for living costs

30

In regulation 43—

• (a) in the heading, omit “undertaking their first year of study”;

• (b) in paragraph (1), omit “who is undertaking their first year of study”.

31

In regulation 45—