LegalizeThe Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2025
Made: 8 January 2025
Laid before Senedd Cymru: 10 January 2025
Coming into force
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) and (2)(a) 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, coming into force and application
Title and coming into force
1
- (1) The title of these Regulations is the Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2025.
- (2) These Regulations come into force on 3 February 2025, subject to paragraph (3).
- (3) Regulations 9, 19, 20, 33 and 48 (amendments relating to non-domiciled status) come into force on 6 April 2025.
Application
2
- (1) The following regulations apply 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 2025, whether or not anything done under these Regulations is done before, on or after that date—
- (a) regulations 6, 13, 16, 17, 18, 25, 26, 27, 28, 29, 38, 39, 46 and 47 (students settled in the United Kingdom during the academic year);
- (b) regulations 31 and 32 (amendments to grant for travel – care leavers).
- (2) Regulations 5, 12, 24, 37 and 45 (British citizens of Chagossian descent) apply 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 2025 in respect of a course which began on or after 1 August 2023, whether or not anything done under these Regulations is done before, on or after 1 August 2025.
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 — Amendment relating to Ukraine schemes
4
In the Schedule, in paragraph 1, in the definition of “protected Ukrainian national”, for paragraph (a) (but not the “or” after it) substitute—
(a) under Appendix Ukraine Scheme of the immigration rules, by virtue of any of the following schemes— (i) the Ukraine Family Scheme[^f00006]; (ii) the Homes for Ukraine Sponsorship Scheme[^f00007]; (iii) the Ukraine Extension Scheme[^f00008]; (iv) the Ukraine Permission Extension Scheme[^f00009];
CHAPTER 3 — British citizens of Chagossian descent
5
In the Schedule, in paragraph 9C—
- (a) in sub-paragraph (1)—
- (i) at the beginning insert “Subject to sub-paragraphs (3) and (4), ”;
- (ii) after paragraph (a)(i) omit “or”;
- (iii) after paragraph (a)(ii) insert—
or (iii) a British citizen who— (aa) was born in the British Indian Ocean Territory or, before 8 November 1965, in those islands designated as the British Indian Ocean Territory on that date; or (bb) is a direct descendant of a person who was born in the British Indian Ocean Territory or, before 8 November 1965, in those islands designated as the British Indian Ocean Territory on that date;
- (b) after sub-paragraph (2) insert—
(3) For the purposes of paragraphs (c) and (d) of sub-paragraph (1), a person mentioned in paragraph (a)(iii) of sub-paragraph (1) is treated as being ordinarily resident in the specified British overseas territories in any period before the first day of the first academic year of the course in which they are not ordinarily resident in the United Kingdom or the Islands. (4) Paragraph (e) of sub-paragraph (1) does not apply to a person mentioned in paragraph (a)(iii) of that sub-paragraph.
CHAPTER 4 — Students settled in the United Kingdom during the academic year
6
In the Schedule—
- (a) in paragraph 2(1), omit “on the first day of the first academic year of the course”;
- (b) in paragraph 2(1)(b), at the end insert “on the first day of the first academic year of the course”;
- (c) in paragraph 2A(1)(a), omit “on the day on which the first term of the first academic year actually begins”;
- (d) in paragraph 9C(1)(a)(i), omit “on the first day of the first academic year of the course”.
PART 3 — Amendments to the Education (European University Institute) (Wales) Regulations 2014
CHAPTER 1 — Introduction
7
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CHAPTER 2 — Amendment relating to Ukraine schemes
8
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CHAPTER 3 — Amendment relating to non-domiciled status
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[^f00015] are amended in accordance with this Part.
CHAPTER 2 — Amendment relating to Ukraine schemes
11
In the Schedule, in paragraph 1(1), in the definition of “protected Ukrainian national”, for paragraph (a) (but not the “or” after it) substitute—
(a) under Appendix Ukraine Scheme of the immigration rules, by virtue of any of the following schemes— (i) the Ukraine Family Scheme[^f00016]; (ii) the Homes for Ukraine Sponsorship Scheme[^f00017]; (iii) the Ukraine Extension Scheme[^f00018]; (iv) the Ukraine Permission Extension Scheme[^f00019];
CHAPTER 3 — British citizens of Chagossian descent
12
In the Schedule, in paragraph 9C—
- (a) in sub-paragraph (1)—
- (i) at the beginning insert “Subject to sub-paragraphs (3) and (4), ”;
- (ii) after paragraph (a)(i) omit “or”;
- (iii) after paragraph (a)(ii) insert—
or (iii) a British citizen who— (aa) was born in the British Indian Ocean Territory or, before 8 November 1965, in those islands designated as the British Indian Ocean Territory on that date; or (bb) is a direct descendant of a person who was born in the British Indian Ocean Territory or, before 8 November 1965, in those islands designated as the British Indian Ocean Territory on that date;
- (b) after sub-paragraph (2) insert—
(3) For the purposes of paragraphs (c) and (d) of sub-paragraph (1), a person mentioned in paragraph (a)(iii) of sub-paragraph (1) is treated as being ordinarily resident in the specified British overseas territories in any period before the first day of the first academic year of the course in which they are not ordinarily resident in the United Kingdom or the Islands. (4) Paragraph (e) of sub-paragraph (1) does not apply to a person mentioned in paragraph (a)(iii) of that sub-paragraph.
CHAPTER 4 — Students settled in the United Kingdom during the academic year
13
In the Schedule—
- (a) in paragraph 2(1), omit “on the first day of the first academic year of the course”;
- (b) in paragraph 2(1)(b), at the end insert “on the first day of the first academic year of the course”;
- (c) in paragraph 2A(1)(a), omit “on the day on which the first term of the first academic year actually begins”;
- (d) in paragraph 9C(1)(a)(i), omit “on the first day of the first academic year of the course”.
PART 5 — Amendments to the Education (Student Support) (Wales) Regulations 2017
CHAPTER 1 — Introduction
14
The Education (Student Support) (Wales) Regulations 2017[^f00020] are amended in accordance with this Part.
CHAPTER 2 — Amendment relating to Ukraine schemes
15
In regulation 2(1), in the definition of “protected Ukrainian national”, for paragraph (a) (but not the “or” after it) substitute—
(a) under Appendix Ukraine Scheme of the immigration rules, by virtue of any of the following schemes— (i) the Ukraine Family Scheme[^f00021]; (ii) the Homes for Ukraine Sponsorship Scheme[^f00022]; (iii) the Ukraine Extension Scheme[^f00023]; (iv) the Ukraine Permission Extension Scheme[^f00024];
CHAPTER 3 — Students settled in the United Kingdom during the academic year
16
In each of regulations 15(e) and 82(4)(f), and paragraph 6(d) of Schedule 4, for “paragraph 3(1)(a)” substitute “paragraph 2(1)(a), 2A(1)(a) or 3(1)(a)”.
17
In each of regulations 23(12)(d), 49(2)(d) and 111(2)(d), for “paragraph 3(1)(a)” substitute “paragraph 2(1)(a) or 3(1)(a)”.
18
In Schedule 1 (eligible students)—
- (a) in paragraph 2(1), omit “on the first day of the first academic year of the course”;
- (b) in paragraph 2(1)(b), at the end insert “on the first day of the first academic year of the course”;
- (c) in paragraph 2A(1)(a), omit “on the day on which the first term of the first academic year actually begins”.
CHAPTER 4 — Amendments relating to non-domiciled status
19
In Schedule 5 (financial assessment), in paragraph 5(6)(a), omit “or domiciled” in the first place it occurs.
20
In Schedule 6 (financial assessment – part-time grants for dependants), in paragraph 4(6)(a), for “A is not resident, ordinarily resident or domiciled in the United Kingdom” substitute “A is not resident or ordinarily resident in the United Kingdom”.
CHAPTER 5 — Corrections
21
In each of regulations 4(10F)(b), 81(10F)(b) and 110(12F)(b), after “protected Ukrainian national” insert “is allowed to stay in the United Kingdom”.
PART 6 — Amendments to the Education (Student Support) (Wales) Regulations 2018
CHAPTER 1 — Introduction
22
The Education (Student Support) (Wales) Regulations 2018[^f00025] are amended in accordance with this Part.
CHAPTER 2 — Amendment relating to Ukraine schemes
23
In Schedule 2 (categories of eligible student), in paragraph 2ZC(2), for paragraph (a) (but not the “or” after it) substitute—
(a) under Appendix Ukraine Scheme of the immigration rules, by virtue of any of the following schemes— (i) the Ukraine Family Scheme[^f00026]; (ii) the Homes for Ukraine Sponsorship Scheme[^f00027]; (iii) the Ukraine Extension Scheme[^f00028]; (iv) the Ukraine Permission Extension Scheme[^f00029],
CHAPTER 3 — British citizens of Chagossian descent
24
In Schedule 2 (categories of eligible student), in paragraph 6BB—
- (a) in sub-paragraph (1)—
- (i) at the beginning insert “Subject to sub-paragraphs (3) and (4), ”;
- (ii) in paragraph (a), the words from “settled” to the end become sub-paragraph (i);
- (iii) after that sub-paragraph (i) insert—
or (ii) a British citizen who— (aa) was born in the British Indian Ocean Territory or, before 8 November 1965, in those islands designated as the British Indian Ocean Territory on that date, or (bb) is a direct descendant of a person who was born in the British Indian Ocean Territory or, before 8 November 1965, in those islands designated as the British Indian Ocean Territory on that date,
- (b) after sub-paragraph (2) insert—
(3) For the purposes of paragraphs (c) and (d) of sub-paragraph (1), a person mentioned in paragraph (a)(ii) of sub-paragraph (1) is treated as being ordinarily resident in the specified British overseas territories in any period before the first day of the first academic year of the course in which they are not ordinarily resident in the United Kingdom or the Islands. (4) Paragraphs (e) and (f) of sub-paragraph (1) do not apply to a person mentioned in paragraph (a)(ii) of that sub-paragraph.
CHAPTER 4 — Students settled in the United Kingdom during the academic year
25
In regulation 80(2)(b)(iv), for “paragraph 1(2)(a)” substitute “paragraph 1(1)(a), (2)(a) or (3)(a), or 6BB”.
26
In regulation 81(3)(b)(iii), for “paragraph 1(2)(a)” substitute “paragraph 1(1)(a) or (2)(a)”.
27
In Schedule 2 (categories of eligible student)—
- (a) in paragraph 1(1)(a), omit “on the first day of the first academic year of the course”;
- (b) in paragraph 1(1)(a)(ii), at the end insert “on the first day of the first academic year of the course”;
- (c) in paragraph 1(3)(a), omit “on the day on which the first term of the first academic year actually begins”;
- (d) in paragraph 6BB(1)(a)(i) (as renumbered by regulation 24(a)(ii) of these Regulations), omit “on the first day of the first academic year of the course”.
28
In Schedule 4 (disabled postgraduate student’s grant), in paragraph 14(3)(b)(iii), for “paragraph 1(2)(a)” substitute “paragraph 1(1)(a) or (2)(a)”.
29
In Schedule 5 (Oxbridge college fee loans), in paragraph 4(2)(d), for “paragraph 1(2)(a)” substitute “paragraph 1(1)(a), (2)(a) or (3)(a), or 6BB”.
CHAPTER 5 — Amendment to disabled student’s grant – sandwich years
30
In regulation 62 (qualifying conditions for disabled student’s grant), in paragraph (2), in Exception 6, at the end insert—
But this exception does not apply in respect of a disabled student’s grant so far as it relates to the provision of technical support, repairs or replacement in respect of equipment belonging to the student, where— (a) that equipment was— (i) funded wholly or partly by a disabled student’s grant, or (ii) approved by the Welsh Ministers for use by the student for the purposes of a disabled student’s grant, and (b) the disabled student’s grant referred to in paragraph (a) was approved in respect of— (i) a previous academic year of the present course, or (ii) an academic year of a previous course, where the student has received confirmation from the Welsh Ministers that that grant will be transferred to the present course.
CHAPTER 6 — Amendments to grant for travel – care leavers
31
In regulation 65 (grant for travel for medical students), in paragraph (3), in Step 2, after “year”, in the first place it occurs, insert “or the eligible student is a care leaver within the meaning given by regulation 49”.
32
In regulation 66 (grant for travel for study or work overseas), in paragraph (2), in the definition of Y, in paragraph (a), at the end insert “or the eligible student is a care leaver within the meaning given by regulation 49”.
CHAPTER 7 — Amendment relating to non-domiciled status
33
In Schedule 3 (calculation of income), in paragraph 18(2), in Reason 1, in paragraph (a), omit “or domiciled”.
CHAPTER 8 — Corrections to the Welsh language text
34
In the Welsh language text—
- (a) in Schedule 2, in paragraph 3—
- (i) in sub-paragraph (2)(b), for “ddyddiad y cais i gael caniatâd i aros” substitute “ddyddiad y cais i gael caniatâd i ddod i mewn neu i aros”;
- (ii) in sub-paragraph (3)(b), for “ddyddiad y cais i gael caniatâd i aros” substitute “ddyddiad y cais i gael caniatâd i ddod i mewn neu i aros”;
- (iii) in sub-paragraph (5), for “dyddiad y cais i gael caniatâd i aros” substitute “dyddiad y cais i gael caniatâd i ddod i mewn neu i aros”;
- (b) in Schedule 7, in paragraph 1, in Table 16, in the first column (ymadrodd), for “dyddiad y cais i gael caniatâd i aros” substitute “dyddiad y cais i gael caniatâd i ddod i mewn neu i aros”.
PART 7 — Amendments to the Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 2018
CHAPTER 1 — Introduction
35
The Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 2018[^f00030] are amended in accordance with this Part.
CHAPTER 2 — Amendment relating to Ukraine schemes
36
In regulation 2(1), in the definition of “protected Ukrainian national”, for paragraph (a) (but not the “or” after it) substitute—
(a) under Appendix Ukraine Scheme of the immigration rules, by virtue of any of the following schemes— (i) the Ukraine Family Scheme[^f00031]; (ii) the Homes for Ukraine Sponsorship Scheme[^f00032]; (iii) the Ukraine Extension Scheme[^f00033]; (iv) the Ukraine Permission Extension Scheme[^f00034];
CHAPTER 3 — British citizens of Chagossian descent
37
In Schedule 1 (eligible students), in paragraph 10BB—
- (a) in sub-paragraph (1)—
- (i) at the beginning insert “Subject to sub-paragraphs (3) and (4), ”;
- (ii) in paragraph (a), the words from “settled” to the end become sub-paragraph (i);
- (iii) after that sub-paragraph (i) insert—
or (ii) a British citizen who— (aa) was born in the British Indian Ocean Territory or, before 8 November 1965, in those islands designated as the British Indian Ocean Territory on that date; or (bb) is a direct descendant of a person who was born in the British Indian Ocean Territory or, before 8 November 1965, in those islands designated as the British Indian Ocean Territory on that date;
- (b) after sub-paragraph (2) insert—
(3) For the purposes of paragraphs (c) and (d) of sub-paragraph (1), a person mentioned in paragraph (a)(ii) of sub-paragraph (1) is treated as being ordinarily resident in the specified British overseas territories in any period before the first day of the first academic year of the course in which they are not ordinarily resident in the United Kingdom or the Islands. (4) Paragraphs (e) and (f) of sub-paragraph (1) do not apply to a person mentioned in paragraph (a)(ii) of that sub-paragraph.
CHAPTER 4 — Students settled in the United Kingdom during the academic year
38
In regulation 8(e), for “paragraph 3(1)(a)” substitute “paragraph 2(1)(a), 2A(1)(a), 3(1)(a) or 10BB”.
39
In Schedule 1 (eligible students)—
- (a) in paragraph 2(1), omit “on the first day of the first academic year of the course”;
- (b) in paragraph 2(1)(b), at the end insert “on the first day of the first academic year of the course”;
- (c) in paragraph 2A(1)(a), omit “on the day on which the first term of the first academic year actually begins”;
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