The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020

• Citation: S.I. 2020/1302 (W.)
• Sections: 41

Section 1 Title, commencement and application

(1) The title of these Regulations is the Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020.

(2) This regulation and regulation 2 come into force immediately before implementation period completion day.

(3) The remainder of these Regulations come into force on implementation period completion day.

(4) These Regulations apply in relation to Wales.

Section 2

The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 and the Education (Student Support) (Postgraduate Master’s Degrees) (Wales) (Amendment) (EU Exit) Regulations 2019 are revoked.

Section 3 Amendments to the Education (Fees and Awards) (Wales) Regulations 2007

The Education (Fees and Awards) (Wales) Regulations 2007 are amended as follows.

Section 4 Amendments to regulation 2

In regulation 2 (interpretation)—

(a) in paragraph (1), in the definition of “overseas territories”, after “French Southern and Antarctic Territories;” insert “Gibraltar;”;

(b) in paragraph (4)—

(i) for “the territory comprising the European Economic Area and Switzerland” substitute “the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland”;

(ii) for “the territory comprising the European Economic Area, Switzerland and the overseas territories” substitute “the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories”;

(iii) for “the territory comprising the European Economic Area, Switzerland, Turkey and the overseas territories” substitute “the territory comprising the United Kingdom, the European Economic Area, Switzerland, Turkey and the overseas territories”;

(c) in paragraph (5)(b) and (c), after “the territory comprising” insert “the United Kingdom, Gibraltar,”;

(d) in paragraph (6)—

(i) for “the territory comprising the European Economic Area and Switzerland” substitute “the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland”;

(ii) for “the territory comprising the European Economic Area, Switzerland and the overseas territories” substitute “the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories”;

(iii) for “the territory comprising the European Economic Area, Switzerland and Turkey” substitute “the territory comprising the United Kingdom, Gibraltar, the European Economic Area, Switzerland and Turkey”;

(e) in paragraph (7), after “an area” insert “other than the United Kingdom or Gibraltar”.

Section 5 Amendments to the Schedule

(1) The Schedule is amended as follows.

(2) In paragraph 1—

(a) at the appropriate place insert—

“EEA EFTA separation agreement” (“ cytundeb gwahanu EFTA yr AEE ”) has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020 ;

“EU national” (“ gwladolyn o’r UE ”) means a national of a Member State of the European Union;

“residence scheme immigration rules” (“ rheolau mewnfudo’r cynllun preswylio ”) has the meaning given by section 17(1) of the European Union (Withdrawal Agreement) Act 2020;

“Swiss citizens’ rights agreement” (“ cytundeb ar hawliau dinasyddion Swisaidd ”) has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;

(b) omit the definition of “EC national”;

(c) omit “other than the United Kingdom” in each place it occurs;

(d) in the definition of “family member”, for “EC national” substitute “EU national” in each place it occurs;

(e) for the definition of “right of permanent residence” substitute—

“right of permanent residence” (“ hawl i breswylio’n barhaol ”) means, in relation to a person (“A”), a right to reside in the United Kingdom permanently without restriction which arises under residence scheme immigration rules, but only where, had the facts pertaining to the determination of A’s right to reside fallen to be considered immediately before implementation period completion day, A would have acquired such right under Directive 2004/38 as it had effect immediately before implementation period completion day;

(3) In paragraph 3 (persons who are settled in the United Kingdom)—

(a) for sub-paragraph (a) substitute—

(a) who, on the first day of an academic year of the course, either—

(i) is settled in the United Kingdom by virtue of having acquired the right of permanent residence, or

(ii) falls within Article 18(2) or (3) of the EU withdrawal agreement, Article 17(2) or (3) of the EEA EFTA separation agreement or Article 16(2) or (3) of the Swiss citizens’ rights agreement, but only where that person would have acquired the right to reside permanently in the United Kingdom without restriction under Directive 2004/38 as it had effect immediately before implementation period completion day had the facts pertaining to that person’s right to reside fallen to be considered immediately before implementation period completion day;

(b) in sub-paragraph (d), after “the territory comprising” insert “the United Kingdom,”.

(4) In paragraph 6(1)(c) (workers, employed persons, self-employed persons and their family members), after “the territory comprising” insert “the United Kingdom,”.

(5) In paragraph 7 (workers, employed persons, self-employed persons and their family members)—

(a) sub-paragraphs (a), (b) and (c) are renumbered as sub-paragraph (1)(a), (b) and (c);

(b) in sub-paragraph (1)(b) as so renumbered, after “the territory comprising” insert “the United Kingdom,”;

(c) after sub-paragraph (1) as so renumbered insert—

(2) Any description of person who would have fallen within this paragraph immediately before implementation period completion day is to be treated as falling within this paragraph on and after implementation period completion day.

(6) In paragraph 8 (persons who are settled in the United Kingdom and have exercised a right of residence elsewhere)—

(a) in sub-paragraph (1)—

(i) in paragraph (b), after “right of residence” insert “before implementation period completion day”;

(ii) in paragraph (d), after “the territory comprising” insert “the United Kingdom,”;

(iii) in paragraph (e), after “the territory comprising” insert “the United Kingdom, Gibraltar,”;

(b) in sub-paragraph (2)—

(i) for “has a right” substitute “had the right” in each place it occurs;

(ii) for “goes” substitute “has gone”;

(c) after sub-paragraph (2) insert—

(3) For the purposes of this paragraph, a person had the right of permanent residence if they had a right which arose under Directive 2004/38 to reside permanently in the United Kingdom without restriction.

(7) In paragraph 9 (EC nationals)—

(a) in the heading, for “EC nationals” substitute “EU nationals”;

(b) in sub-paragraph (1)—

(i) in paragraph (a)(i), for “EC national” substitute “EU national”;

(ii) in paragraph (c), after “the territory comprising” insert “the United Kingdom,”;

(c) for sub-paragraph (1A) substitute—

(1A) Paragraph (c) of sub-paragraph (1) does not apply to a family member of a person who—

(a) is—

(i) a United Kingdom national who has exercised a right to reside in the territory of a Member State under Article 7(1) of Directive 2004/38; or

(ii) an EU national; and

(b) has been ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course.

(d) after sub-paragraph (2) insert—

(3) Any description of person who would have fallen within this paragraph immediately before implementation period completion day is to be treated as falling within this paragraph on and after implementation period completion day.

(8) In paragraph 10 (EC nationals)—

(a) in sub-paragraph (1)(a), for “an EC national other than a United Kingdom national” substitute “an EU national”;

(b) in sub-paragraph (1)(d), after “the territory comprising” insert “the United Kingdom,”;

(c) in sub-paragraph (2), for “an EC national other than a United Kingdom national” substitute “an EU national”.

(9) For paragraph 11 (children of Swiss nationals) substitute—

(11)

(1) A person who—

(a) is the child of a Swiss national who is entitled to support in the United Kingdom by virtue of Article 3(6) of Annex 1 to the Swiss Agreement;

(b) is ordinarily resident in the United Kingdom on the first day of the first academic year of the course;

(c) has been ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course; and

(d) in a case where the person’s ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (c).

(2) Any description of person who would have fallen within this paragraph immediately before implementation period completion day is to be treated as falling within this paragraph on and after implementation period completion day.

(10) In paragraph 12(c) (children of Turkish workers), after “the territory comprising” insert “the United Kingdom,”.

Section 6 Amendments to the Education (European University Institute) (Wales) Regulations 2014

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Section 7 Amendments to Schedule 1

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Section 8 Amendments to Schedule 2

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Section 9 Amendments to the Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015

(1) The Schedule to the Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015 is amended as follows.

(2) In paragraph 1—

(a) in sub-paragraph (1)—

(i) omit “other than the United Kingdom” in each place it occurs;

(ii) at the appropriate place insert—

“EEA EFTA separation agreement” (“ cytundeb gwahanu EFTA yr AEE ”) has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;

“residence scheme immigration rules” (“ rheolau mewnfudo’r cynllun preswylio ”) has the meaning given by section 17(1) of the European Union (Withdrawal Agreement) Act 2020;

“Swiss citizens’ rights agreement” (“ cytundeb ar hawliau dinasyddion Swisaidd ”) has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;

(iii) in the definition of “overseas territories”, after “French Southern and Antarctic Territories;” insert “Gibraltar;”;

(iv) for the definition of “right of permanent residence” substitute—

“right of permanent residence” (“ hawl i breswylio’n barhaol ”) means, in relation to a person (“A”), a right to reside in the United Kingdom permanently without restriction which arises under residence scheme immigration rules, but only where, had the facts pertaining to the determination of A’s right to reside fallen to be considered immediately before implementation period completion day, A would have acquired such right under Directive 2004/38 as it had effect immediately before implementation period completion day;

(b) in sub-paragraph (3)—

(i) for “the territory comprising the European Economic Area and Switzerland” substitute “the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland”;

(ii) for “the territory comprising the European Economic Area, Switzerland and the overseas territories” substitute “the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories”;

(iii) for “the territory comprising the European Economic Area, Switzerland, Turkey and the overseas territories” substitute “the territory comprising the United Kingdom, the European Economic Area, Switzerland, Turkey and the overseas territories”;

(c) in sub-paragraph (4)(b) and (c), after “the territory comprising” insert “the United Kingdom, Gibraltar,”;

(d) in sub-paragraph (5), after “an area” insert “other than the United Kingdom or Gibraltar”.

(3) In paragraph 3 (persons who are settled in the United Kingdom)—

(a) for sub-paragraph (a) substitute—

(a) on the first day of an academic year of the course either—

(i) is settled in the United Kingdom by virtue of having acquired the right of permanent residence; or

(ii) falls within Article 18(2) or (3) of the EU withdrawal agreement, Article 17(2) or (3) of the EEA EFTA separation agreement or Article 16(2) or (3) of the Swiss citizens’ rights agreement, but only where that person would have acquired the right to reside permanently in the United Kingdom without restriction under Directive 2004/38 as it had effect immediately before implementation period completion day had the facts pertaining to that person’s right to reside fallen to be considered immediately before implementation period completion day;

(b) in sub-paragraph (d), after “the territory comprising” insert “the United Kingdom,”.

(4) In paragraph 6(1)(c) (workers, employed persons, self-employed persons and their family members), after “the territory comprising” insert “the United Kingdom,”.

(5) In paragraph 7 (workers, employed persons, self-employed persons and their family members)—

(a) sub-paragraphs (a), (b) and (c) are renumbered as sub-paragraph (1)(a), (b) and (c);

(b) in sub-paragraph (1)(b) as so renumbered, after “the territory comprising” insert “the United Kingdom,”;

(c) after sub-paragraph (1) as so renumbered insert—

(2) Any description of person who would have fallen within this paragraph immediately before implementation period completion day is to be treated as falling within this paragraph on and after implementation period completion day.

(6) In paragraph 8 (persons who are settled in the United Kingdom and have exercised a right of residence elsewhere)—

(a) in sub-paragraph (1)(b), after “right of residence” insert “before implementation period completion day”;

(b) in sub-paragraph (1)(d), after “the territory comprising” insert “the United Kingdom,”;

(c) in sub-paragraph (1)(e), after “the territory comprising” insert “the United Kingdom, Gibraltar,”;

(d) in sub-paragraph (2)—

(i) in paragraph (a), for “has a right” substitute “had the right”;

(ii) in paragraph (b)—

(aa) for “has a right” substitute “had the right”;

(bb) for “goes” substitute “has gone”;

(e) after sub-paragraph (2) insert—

(3) For the purposes of this paragraph, a person had the right of permanent residence if they had a right which arose under Directive 2004/38 to reside permanently in the United Kingdom without restriction.

(7) In paragraph 9 (EU nationals)—

(a) in sub-paragraph (1)(c), after “territory comprising” insert “the United Kingdom,”;

(b) for sub-paragraph (2) substitute—

(2) Paragraph (c) of sub-paragraph (1) does not apply to a family member of a person who—

(a) is—

(i) a United Kingdom national who has exercised a right to reside in the territory of a Member State under Article 7(1) of Directive 2004/38; or

(ii) an EU national; and

(b) has been ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course.

(c) after sub-paragraph (3) insert—

(4) Any description of person who would have fallen within this paragraph immediately before implementation period completion day is to be treated as falling within this paragraph on and after implementation period completion day.

(8) In paragraph 10 (EU nationals)—

(a) in sub-paragraph (1)(a), omit “other than a United Kingdom national”;

(b) in sub-paragraph (1)(d), after “the territory comprising” insert “the United Kingdom,”;

(c) in sub-paragraph (2), omit “other than a United Kingdom national”.

(9) For paragraph 11 (children of Swiss nationals) substitute—

(11)

(1) A person who—

(a) is the child of a Swiss national who is entitled to support in the United Kingdom by virtue of Article 3(6) of Annex 1 to the Swiss Agreement;

(b) is ordinarily resident in the United Kingdom on the first day of the first academic year of the course;

(c) has been ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course; and

(d) in a case where the ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland immediately before the period of ordinary resident referred to in paragraph (c).

(2) Any description of person who would have fallen within this paragraph immediately before implementation period completion day is to be treated as falling within this paragraph on and after implementation period completion day.

(10) In paragraph 12(c) (children of Turkish workers), after “the territory comprising” insert “the United Kingdom,”.

Section 10 Amendments to the Education (Student Support) (Wales) Regulations 2017

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

Section 11 Amendment to regulation 2

In regulation 2(1) (interpretation), omit the definition of “right of permanent residence”.

Section 12 Amendments to regulation 15

In regulation 15 (events)—

(a) in paragraph (d), after “EU national” insert “or of a person who is eligible under paragraph 9 of Schedule 1 by virtue of paragraph 9(5) of that Schedule other than as a family member”;

(b) for paragraph (e) substitute—

(e) the student becomes a person described in paragraph 3(a) of Schedule 1;

Section 13 Amendment to regulation 23

For regulation 23(12)(d) (general qualifying conditions for grants for living costs) substitute—

(d) the student becomes a person described in paragraph 3(a) of Schedule 1;

Section 14 Amendments to regulation 30

In regulation 30(1) (grants for dependants – interpretation), in sub-paragraph (o)—

(a) in paragraph (ii), for “another Member State” substitute “a Member State”;

(b) for paragraph (iii) substitute—

(iii) where the legislation of—

(aa) the United Kingdom and one or more Member State; or

(bb) more than one Member State,

applies to the period, a person’s total income from all sources as determined for the purposes of the income tax legislation under which the Welsh Ministers consider that a person’s total income in that period is greatest,

Section 15 Amendment to regulation 49

For regulation 49(2)(d) (students becoming eligible during the course of an academic year) substitute—

(d) the student becomes a person described in paragraph 3(a) of Schedule 1;

Section 16 Amendments to regulation 65

In regulation 65(4) (students becoming eligible during the course of the academic year)—

(a) in sub-paragraph (d), after “EU national” insert “or of a person who is eligible under paragraph 9 of Schedule 1 by virtue of paragraph 9(5) of that Schedule other than as a family member”;

(b) for sub-paragraph (f) substitute—

(f) the student becomes a person described in paragraph 3(a) of Schedule 1;

Section 17 Amendments to regulation 82

In regulation 82(4) (students becoming eligible during the course of the academic year)—

(a) in sub-paragraph (d), after “EU national” insert “or of a person who is eligible under paragraph 9 of Schedule 1 by virtue of paragraph 9(5) of that Schedule other than as a family member”;

(b) for sub-paragraph (f) substitute—

(f) the student becomes a person described in paragraph 3(a) of Schedule 1;

Section 18 Amendments to regulation 95

In regulation 95(1) (part-time grants for dependants – interpretation), in sub-paragraph (o)—

(a) in paragraph (ii), for “another Member State” substitute “a Member State”;

(b) for paragraph (iii) substitute—

(iii) where the legislation of—

(aa) the United Kingdom and one or more Member State; or

(bb) more than one Member State,

applies to the period, a person’s total income from all sources as determined for the purposes of the income tax legislation under which the Welsh Ministers consider that a person’s total income in that period is the greatest,

Section 19 Amendment to regulation 111

For regulation 111(2)(d) (students becoming eligible during the course of an academic year) substitute—

(d) the student becomes a person described in paragraph 3(a) of Schedule 1;

Section 20 Amendments to Schedule 1

(1) Schedule 1 (eligible students) is amended as follows.

(2) In Part 1 (interpretation), paragraph 1—

(a) in sub-paragraph (1)—

(i) omit “other than the United Kingdom” in each place it occurs;

(ii) at the appropriate place insert—

“EEA EFTA separation agreement” (“ cytundeb gwahanu EFTA yr AEE ”) has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;

“residence scheme immigration rules” (“ rheolau mewnfudo’r cynllun preswylio ”) has the meaning given by section 17(1) of the European Union (Withdrawal Agreement) Act 2020;

“right of permanent residence” (“ hawl i breswylio’n barhaol ”) means, in relation to a person (“A”), a right to reside in the United Kingdom permanently without restriction which arises under residence scheme immigration rules, but only where, had the facts pertaining to the determination of A’s right to reside fallen to be considered immediately before implementation period completion day, A would have acquired such right under Directive 2004/38 as it had effect immediately before implementation period completion day;

“Swiss citizens’ rights agreement” (“ cytundeb ar hawliau dinasyddion Swisaidd ”) has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;

(b) in sub-paragraphs (4) and (5), after “the territory comprising” insert “the United Kingdom, Gibraltar” in each place it occurs;

(c) in sub-paragraph (6), after “an area” insert “other than the United Kingdom or Gibraltar”.

(3) In Part 2 (categories)—

(a) in paragraph 3 (persons who are settled in the United Kingdom)—

(i) for sub-paragraph (a) substitute—

(a) either—

(i) is settled in the United Kingdom by virtue of having acquired the right of permanent residence; or

(ii) falls within Article 18(2) or (3) of the EU withdrawal agreement, Article 17(2) or (3) of the EEA EFTA separation agreement or Article 16(2) or (3) of the Swiss citizens’ rights agreement, but only where that person would have acquired the right to reside permanently in the United Kingdom without restriction under Directive 2004/38 as it had effect immediately before implementation period completion day had the facts pertaining to that person’s right to reside fallen to be considered immediately before implementation period completion day;

(ii) in sub-paragraph (d), after “the territory comprising” insert “the United Kingdom, Gibraltar,”;

(b) in paragraph 6(1)(c) (workers, employed persons, self-employed persons and their family members), after “the territory comprising” insert “the United Kingdom, Gibraltar,”;

(c) in paragraph 7 (workers, employed persons, self-employed persons and their family members)—

(i) sub-paragraphs (a), (b) and (c) are renumbered as sub-paragraph (1)(a), (b) and (c);

(ii) in sub-paragraph (1)(b) as so renumbered, after “the territory comprising” insert “the United Kingdom, Gibraltar,”;

(iii) after sub-paragraph (1) as so renumbered insert—

(2) Any description of person who would have been eligible under this paragraph immediately before implementation period completion day is to be eligible on and after implementation period completion day.

(d) in paragraph 8 (persons who are settled in the United Kingdom and have exercised a right of residence elsewhere)—

(i) in sub-paragraph (1)(b), after “right of residence” insert “before implementation period completion day”;

(ii) in sub-paragraph (1)(d) and (e), after “the territory comprising” insert “the United Kingdom, Gibraltar,”;

(iii) in sub-paragraph (2)—

(aa) for “has a right” substitute “had the right” in each place it occurs;

(bb) for “goes” substitute “has gone”;

(iv) after sub-paragraph (2) insert—

(3) For the purposes of this paragraph, a person had the right of permanent residence if they had a right which arose under Directive 2004/38 to reside permanently in the United Kingdom without restriction.

(e) in paragraph 9 (EU nationals)—

(i) for sub-paragraph (1)(a) substitute—

(a) on the first day of the first academic year of the course is—

(i) an EU national;

(ii) a United Kingdom national who has exercised a right of residence; or

(iii) the family member of a person in sub-paragraph (i) or (ii);

(ii) in sub-paragraphs (1)(c) and (d) and (2), after “the territory comprising” insert “the United Kingdom, Gibraltar,”;

(iii) in sub-paragraph (4), after “that person” insert “has resided in Gibraltar or”;

(iv) after sub-paragraph (4) insert—

(5) Any description of person who would have been eligible under this paragraph immediately before implementation period completion day is to be eligible on and after implementation period completion day.

(f) in paragraph 10 (EU nationals)—

(i) in sub-paragraph (1)(a), omit “other than a United Kingdom national”;

(ii) in sub-paragraph (1)(d), after “the territory comprising” insert “the United Kingdom, Gibraltar,”;

(iii) in sub-paragraph (2), omit “other than a United Kingdom national”;

(g) for paragraph 11 (children of Swiss nationals) substitute—

(11)

(1) A person who—

(a) is the child of a Swiss national who is entitled to support in the United Kingdom by virtue of Article 3(6) of Annex 1 to the Swiss Agreement;

(b) is ordinarily resident in Wales on the first day of the first academic year of the course;

(c) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and

(d) in a case where the person’s ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (c).

(2) Any description of person who would have been eligible under this paragraph immediately before implementation period completion day is to be eligible on and after implementation period completion day.

(h) in paragraph 12(c) (children of Turkish workers), after “the territory comprising” insert “the United Kingdom, Gibraltar,”.

Section 21 Amendments to Schedule 4

In Schedule 4 (college fee loans), paragraph 6—

(a) in sub-paragraph (c), after “EU national” insert “or of a person who is eligible under paragraph 9 of Schedule 1 by virtue of paragraph 9(5) of that Schedule other than as a family member”;

(b) for sub-paragraph (d) substitute—

(d) the student becomes a person described in paragraph 3(a) of Schedule 1;

Section 22 Amendments to Schedule 5

(1) Schedule 5 (financial assessment) is amended as follows.

(2) In paragraph 1(1) (definitions), paragraph (n)—

(a) in sub-paragraph (ii), for “another Member State” substitute “a Member State”;

(b) for sub-paragraph (iii) substitute—

(iii) where the legislation of—

(aa) the United Kingdom and one or more Member State; or

(bb) more than one Member State,

applies to the period, a person’s total income from all sources as determined for the purposes of the income tax legislation under which the Welsh Ministers consider that a person’s total income in that period is greatest (except as otherwise provided in paragraph 5),

(3) In paragraph 2(1)(g) (independent eligible student), before “the European Union” insert “the United Kingdom, Gibraltar and”.

(4) In the following paragraphs, for “another Member State” substitute “a Member State”—

(a) paragraph 4(1)(b) (calculation of eligible student’s residual income);

(b) paragraph 5 (calculation of parent’s residual income)—

(i) sub-paragraph (1)(a);

(ii) sub-paragraph (6), in each place it occurs;

(iii) sub-paragraph (7).

Section 23 Amendments to Schedule 6

(1) Schedule 6 (financial assessment – part-time grants for dependants) is amended as follows.

(2) In paragraph 1(1) (definitions), paragraph (j)—

(a) in sub-paragraph (ii), for “another Member State” substitute “a Member State”;

(b) for sub-paragraph (iii) substitute—

(iii) where the legislation of—

(aa) the United Kingdom and one or more Member State; or

(bb) more than one Member State,

applies to the period, a person’s total income from all sources as determined for the purposes of the income tax legislation under which the Welsh Ministers consider that a person’s total income in that period is greatest (except as otherwise provided in paragraph 4),

(3) In the following paragraphs, for “another Member State” substitute “a Member State”—

(a) paragraph 3(1) (calculation of eligible part-time student’s residual income);

(b) paragraph 4 (calculation of eligible part-time student’s partner’s residual income)—

(i) sub-paragraph (1)(a);

(ii) sub-paragraph (6), in each place it occurs;

(iii) sub-paragraph (7).

Section 24 Amendments to the Education (Postgraduate Master’s Degree Loans) (Wales) Regulations 2017

The Education (Postgraduate Master’s Degree Loans) (Wales) Regulations 2017 are amended as follows.

Section 25 Amendment to regulation 2

In regulation 2(1) (interpretation), omit the definition of “right of permanent residence”.

Section 26 Amendments to regulation 8

In regulation 8 (events)—

(a) in paragraph (d), after “EU national” insert “or of a person who is eligible under paragraph 9 of Schedule 1 by virtue of paragraph 9(5) of that Schedule other than as a family member”;

(b) for paragraph (e) substitute—

(e) the student becomes a person described in paragraph 3(a) of Schedule 1;

Section 27 Amendments to Schedule 1

(1) Schedule 1 (eligible students) is amended as follows.

(2) In Part 1 (interpretation), paragraph 1—

(a) in sub-paragraph (1)—

(i) omit “other than the United Kingdom” in each place it occurs;

(ii) at the appropriate place insert—

“EEA EFTA separation agreement” (“ cytundeb gwahanu EFTA yr AEE ”) has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;

“residence scheme immigration rules” (“ rheolau mewnfudo’r cynllun preswylio ”) has the meaning given by section 17(1) of the European Union (Withdrawal Agreement) Act 2020;

“right of permanent residence” (“ hawl i breswylio’n barhaol ”) means, in relation to a person (“A”), a right to reside in the United Kingdom permanently without restriction which arises under residence scheme immigration rules, but only where, had the facts pertaining to the determination of A’s right to reside fallen to be considered immediately before implementation period completion day, A would have acquired such right under Directive 2004/38 as it had effect immediately before implementation period completion day;

“Swiss citizens’ rights agreement” (“ cytundeb ar hawliau dinasyddion Swisaidd ”) has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;

(b) in sub-paragraphs (4) and (5), after “the territory comprising” insert “the United Kingdom, Gibraltar,” in each place it occurs;

(c) in sub-paragraph (6), after “an area” insert “other than the United Kingdom or Gibraltar”.

(3) In Part 2 (categories)—

(a) in paragraph 3 (persons who are settled in the United Kingdom)—

(i) for sub-paragraph (a) substitute—

(a) either—

(i) is settled in the United Kingdom by virtue of having acquired the right of permanent residence; or

(ii) falls within Article 18(2) or (3) of the EU withdrawal agreement, Article 17(2) or (3) of the EEA EFTA separation agreement or Article 16(2) or (3) of the Swiss citizens’ rights agreement, but only where that person would have acquired the right to reside permanently in the United Kingdom without restriction under Directive 2004/38 as it had effect immediately before implementation period completion day had the facts pertaining to that person’s right to reside fallen to be considered immediately before implementation period completion day;

(ii) in sub-paragraph (d), after “the territory comprising” insert “the United Kingdom, Gibraltar,”;

(b) in paragraph 6(1)(c) (workers, employed persons, self-employed persons and their family members), after “the territory comprising” insert “the United Kingdom, Gibraltar,”;

(c) in paragraph 7 (workers, employed persons, self-employed persons and their family members)—

(i) sub-paragraphs (a), (b) and (c) are renumbered as sub-paragraph (1)(a), (b) and (c);

(ii) in sub-paragraph (1)(b) as so renumbered, after “the territory comprising” insert “the United Kingdom, Gibraltar,”;

(iii) after sub-paragraph (1) as so renumbered insert—

(2) Any description of person who would have been eligible under this paragraph immediately before implementation period completion day is to be eligible on and after implementation period completion day.

(d) in paragraph 8 (persons who are settled in the United Kingdom and have exercised a right of residence elsewhere)—

(i) in sub-paragraph (1)(b), after “right of residence” insert “before implementation period completion day”;

(ii) in sub-paragraph (1)(d) and (e), after “the territory comprising” insert “the United Kingdom, Gibraltar,”;

(iii) in sub-paragraph (2)—

(aa) for “has a right” substitute “had the right” in each place it occurs;

(bb) for “goes” substitute “has gone”;

(iv) after sub-paragraph (2) insert—

(3) For the purposes of this paragraph, a person had the right of permanent residence if they had a right which arose under Directive 2004/38 to reside permanently in the United Kingdom without restriction.

(e) in paragraph 9 (EU nationals)—

(i) for sub-paragraph (1)(a) substitute—

(a) who, on the first day of the first academic year of the course, is—

(i) an EU national;

(ii) a United Kingdom national who has exercised a right of residence; or

(iii) the family member of a person in sub-paragraph (i) or (ii);

(ii) in sub-paragraphs (1)(c) and (d) and (2), after “the territory comprising” insert “the United Kingdom, Gibraltar,”;

(iii) in sub-paragraph (4), after “that person” insert “has resided in Gibraltar or”;

(iv) after sub-paragraph (4) insert—

(5) Any description of person who would have been eligible under this paragraph immediately before implementation period completion day is to be eligible on and after implementation period completion day.

(f) in paragraph 10 (EU nationals)—

(i) in sub-paragraph (1)(a), omit “other than a United Kingdom national”;

(ii) in sub-paragraph (1)(d), after “the territory comprising” insert “the United Kingdom, Gibraltar,”;

(iii) in sub-paragraph (2), omit “other than a United Kingdom national”;

(g) for paragraph 11 (children of Swiss nationals) substitute—

(11)

(1) A person who—

(a) is the child of a Swiss national who is entitled to support in the United Kingdom by virtue of Article 3(6) of Annex 1 to the Swiss Agreement;

(b) is ordinarily resident in Wales on the first day of the first academic year of the course;

(c) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and

(d) in a case where the person’s ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (c).

(2) Any description of person who would have been eligible under this paragraph immediately before implementation period completion day is to be eligible on and after implementation period completion day.

(h) in paragraph 12(c) (children of Turkish workers), after “the territory comprising” insert “the United Kingdom, Gibraltar,”.

Section 28 Amendments to the Education (Student Support) (Wales) Regulations 2018

The Education (Student Support) (Wales) Regulations 2018 are amended as follows.

Section 29 Amendments to regulation 80

In regulation 80(2)(b) (qualifying for a tuition fee loan during the academic year)—

(a) in paragraph (iii), after “EU national” insert “or of a person who is eligible under paragraph 6(1) of Schedule 2 by virtue of paragraph 6(1A) of that Schedule other than as a family member”;

(b) for paragraph (iv) substitute—

(iv) the student becomes a person described in paragraph 1(2)(a) of Schedule 2;

Section 30 Amendment to regulation 81

For regulation 81(3)(b)(iii) (qualifying for grants or maintenance loan during the academic year) substitute—

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

Section 31 Amendments to Schedule 2

(1) Schedule 2 (categories of eligible student) is amended as follows.

(2) In paragraph 1(2) (category 1 – persons settled in the United Kingdom)—

(a) for paragraph (a) substitute—

(a) either—

(i) is settled in the United Kingdom by virtue of having acquired the right of permanent residence, or

(ii) falls within Article 18(2) or (3) of the EU withdrawal agreement, Article 17(2) or (3) of the EEA EFTA separation agreement or Article 16(2) or (3) of the Swiss citizens’ rights agreement, but only where that person would have acquired the right to reside permanently in the United Kingdom without restriction under Directive 2004/38 as it had effect immediately before implementation period completion day had the facts pertaining to that person’s right to reside fallen to be considered immediately before implementation period completion day,

(b) in paragraph (d), after “territory comprising” insert “the United Kingdom, Gibraltar,”.

(3) In paragraph 4 (category 4 – workers, employed persons, self-employed persons and their family members)—

(a) in sub-paragraphs (1)(b) and (2)(b), after “the territory comprising” insert “the United Kingdom, Gibraltar,”;

(b) after sub-paragraph (2) insert—

(2A) Any description of person who would have been eligible under sub-paragraph (2) immediately before implementation period completion day is to be eligible on and after implementation period completion day.

(c) in sub-paragraphs (3) and (4), omit “other than the United Kingdom” in each place it occurs.

(4) In paragraph 5 (category 5 – persons who are settled in the United Kingdom and have exercised a right of residence elsewhere)—

(a) in sub-paragraph (1)(b), after “right of residence” insert “before implementation period completion day”;

(b) in sub-paragraph (1)(d) and (e), after “the territory comprising” insert “the United Kingdom, Gibraltar,”;

(c) in sub-paragraph (3)(c), for “has a right” substitute “had the right”;

(d) in sub-paragraph (4)—

(i) in paragraph (a), for “has a right” substitute “had the right”;

(ii) in paragraph (b), for “goes” substitute “has gone”;

(e) after sub-paragraph (5) insert—

(6) For the purposes of this paragraph, a person had the right of permanent residence if they had a right which arose under Directive 2004/38 to reside permanently in the United Kingdom without restriction.

(5) In paragraph 6 (category 6 - EU nationals)—

(a) for sub-paragraph (1)(a) substitute—

(a) who, on the first day of the first academic year of the course, is—

(i) an EU national,

(ii) a United Kingdom national who has exercised a right of residence, or

(iii) the family member of a person in sub-paragraph (i) or (ii),

(b) in sub-paragraph (1)(c) and (d), after “the territory comprising” insert “the United Kingdom, Gibraltar,”;

(c) after sub-paragraph (1) insert—

(1A) Any description of person who would have been eligible under sub-paragraph (1) immediately before implementation period completion day is to be eligible on and after implementation period completion day.

(d) in sub-paragraph (2)(a), omit “other than a United Kingdom national”;

(e) in sub-paragraph (2)(d), after “the territory comprising” insert “the United Kingdom, Gibraltar,”;

(f) for sub-paragraph (4) substitute—

(4) For the purpose of sub-paragraph (1)(a), a United Kingdom national has exercised a right of residence if that person has resided in Gibraltar or has exercised a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA Agreement or Swiss Agreement in a state other than the United Kingdom.

(6) For paragraph 7 (category 7 - children of Swiss nationals) substitute—

Category 7 – Children of Swiss nationals

(7)

(1) A person who—

(a) is the child of a Swiss national who is entitled to support in the United Kingdom by virtue of Article 3(6) of Annex 1 to the Swiss Agreement,

(b) is ordinarily resident in Wales on the first day of the first academic year of the course,

(c) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the EEA and Switzerland throughout the three-year period preceding the first day of the first academic year of the course, and

(d) in a case where the person’s ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the EEA and Switzerland immediately before the period of ordinary residence referred to in paragraph (c).

(2) Any description of person who would have been eligible under this paragraph immediately before implementation period completion day is to be eligible on and after implementation period completion day.

(7) In paragraph 8(1)(c) (category 8 – children of Turkish workers), after “the territory comprising” insert “the United Kingdom, Gibraltar,”.

(8) In paragraph 9 (ordinary residence – additional provision)—

(a) after “the territory comprising” insert “the United Kingdom, Gibraltar,” in each place it occurs;

(b) in sub-paragraph (5), after “an area” insert “other than the United Kingdom or Gibraltar”.

(9) In paragraph 11 (interpretation)—

(a) at the appropriate place insert—

“EEA EFTA separation agreement” (“ cytundeb gwahanu EFTA yr AEE ”) has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;

“residence scheme immigration rules” (“ rheolau mewnfudo’r cynllun preswylio ”) has the meaning given by section 17(1) of the European Union (Withdrawal Agreement) Act 2020;

“Swiss citizens’ rights agreement” (“ cytundeb ar hawliau dinasyddion Swisaidd ”) has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020.

(b) for the definition of “right of permanent residence” substitute—

“right of permanent residence” (“ hawl i breswylio’n barhaol ”) means, in relation to a person (“A”), a right to reside in the United Kingdom permanently without restriction which arises under residence scheme immigration rules, but only where, had the facts pertaining to the determination of A’s right to reside fallen to be considered immediately before implementation period completion day, A would have acquired such right under Directive 2004/38 as it had effect immediately before implementation period completion day;

Section 32 Amendments to Schedule 3

(1) Schedule 3 (calculation of income) is amended as follows.

(2) In paragraph 4(1) (independent eligible students), in Case 6, before “the European Union” insert “the United Kingdom, Gibraltar and”.

(3) In paragraph 9 (taxable income)—

(a) in sub-paragraph (1)(b), for “another member State” substitute “a member State”;

(b) for sub-paragraph (2) substitute—

(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.

(4) In the following paragraphs, for “another member State” substitute “a member State”—

(a) paragraph 11 (deductions for the purpose of calculating residual income of an eligible student), Deduction B;

(b) paragraph 15 (deductions for the purpose of calculating residual income of persons other than eligible student), Deduction A;

(c) paragraph 18 (treatment of income not treated as income for income tax purposes), in each place it occurs;

(d) paragraph 19(1) (P’s income in currency other than sterling).

Section 33 Amendments to Schedule 5

(1) Schedule 5 (Oxbridge college fee loans) is amended as follows.

(2) In paragraph 4(2) (students becoming eligible during the course of an academic year)—

(a) in paragraph (c), after “EU national” insert “or of a person who is eligible under paragraph 6(1) of Schedule 2 by virtue of paragraph 6(1A) of that Schedule other than as a family member”;

(b) for paragraph (d) substitute—

(d) the student becomes a person described in paragraph 1(2)(a) of Schedule 2;

Section 34 Amendments to the Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 2018

The Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 2018 are amended as follows.

Section 35 Amendment to regulation 2

In regulation 2(1) (interpretation), omit the definition of “right of permanent residence”.

Section 36 Amendments to regulation 8

In regulation 8 (events)—

(a) in paragraph (d), after “EU national” insert “or of a person who is eligible under paragraph 10 of Schedule 1 by virtue of paragraph 10(5) of that Schedule other than as a family member”;

(b) for paragraph (e) substitute—

(e) the student becomes a person described in paragraph 3(a) of Schedule 1;

Section 37 Amendments to Schedule 1

(1) Schedule 1 (eligible students) is amended as follows.

(2) In Part 1, paragraph 1 (interpretation)—

(a) in sub-paragraph (1)—

(i) omit “other than the United Kingdom” in each place it occurs;

(ii) at the appropriate place insert—

“EEA EFTA separation agreement” (“ cytundeb gwahanu EFTA yr AEE ”) has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;

“residence scheme immigration rules” (“ rheolau mewnfudo’r cynllun preswylio ”) has the meaning given by section 17(1) of the European Union (Withdrawal Agreement) Act 2020;

“right of permanent residence” (“ hawl i breswylio’n barhaol ”) means, in relation to a person (“A”), a right to reside in the United Kingdom permanently without restriction which arises under residence scheme immigration rules, but only where, had the facts pertaining to the determination of A’s right to reside fallen to be considered immediately before implementation period completion day, A would have acquired such right under Directive 2004/38 as it had effect immediately before implementation period completion day;

“Swiss citizens’ rights agreement” (“ cytundeb ar hawliau dinasyddion Swisaidd ”) has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;

(b) in sub-paragraphs (4) and (5), after “the territory comprising” insert “the United Kingdom, Gibraltar,” in each place it occurs;

(c) in sub-paragraph (6), after “an area” insert “other than the United Kingdom or Gibraltar”.

(3) In Part 2 (categories)—

(a) in paragraph 3 (persons who are settled in the United Kingdom)—

(i) for sub-paragraph (a) substitute—

(a) either—

(i) is settled in the United Kingdom by virtue of having acquired the right of permanent residence; or

(ii) falls with Article 18(2) or (3) of the EU withdrawal agreement, Article 17(2) or (3) of the EEA EFTA separation agreement or Article 16(2) or (3) of the Swiss citizens’ rights agreement, but only where that person would have acquired the right to reside permanently in the United Kingdom without restriction under Directive 2004/38 as it had effect immediately before implementation period completion day had the facts pertaining to that person’s right to reside fallen to be considered immediately before implementation period completion day;

(ii) in sub-paragraph (d), after “the territory comprising” insert “the United Kingdom, Gibraltar,”;

(b) in paragraph 7(1)(c) (workers, employed persons, self-employed persons and their family members), after “the territory comprising” insert “the United Kingdom, Gibraltar,”;

(c) in paragraph 8 (workers, employed persons, self-employed persons and their family members)—

(i) sub-paragraphs (a), (b) and (c) are renumbered as sub-paragraph (1)(a), (b) and (c);

(ii) in sub-paragraph (1)(b) as so renumbered, after “the territory comprising” insert “the United Kingdom, Gibraltar,”;

(iii) after sub-paragraph (1) as so renumbered insert—

(2) Any description of person who would have been eligible under this paragraph immediately before implementation period completion day is to be eligible on and after implementation period completion day.

(d) in paragraph 9 (persons who are settled in the United Kingdom and have exercised a right of residence elsewhere)—

(i) in sub-paragraph (1)(b), after “right of residence” insert “before implementation period completion day”;

(ii) in sub-paragraph (1)(d) and (e), after “the territory comprising” insert “the United Kingdom, Gibraltar,”;

(iii) in sub-paragraph (2)—

(aa) for “has a right” substitute “had the right” in each place it occurs;

(bb) for “goes” substitute “has gone”;

(iv) after sub-paragraph (2) insert—

(3) For the purposes of this paragraph, a person had the right of permanent residence if they had a right which arose under Directive 2004/38 to reside permanently in the United Kingdom without restriction.

(e) in paragraph 10 (EU nationals)—

(i) for sub-paragraph (1)(a) substitute—

(a) who, on the first day of the first academic year of the course, is—

(i) an EU national;

(ii) a United Kingdom national who has exercised a right of residence; or

(iii) the family member of a person in sub-paragraph (i) or (ii);

(ii) in sub-paragraphs (1)(c) and (d) and (2), after “the territory comprising” insert “the United Kingdom, Gibraltar,”;

(iii) in sub-paragraph (4), after “that person” insert “has resided in Gibraltar or”;

(iv) after sub-paragraph (4) insert—

(5) Any description of person who would have been eligible under this paragraph immediately before implementation period completion day is to be eligible on and after implementation period completion day.

(f) in paragraph 11 (EU nationals)—

(i) in sub-paragraph (1)(a), omit “other than a United Kingdom national”;

(ii) in sub-paragraph (1)(d), after “the territory comprising” insert “the United Kingdom, Gibraltar,”;

(iii) in sub-paragraph (2), omit “other than a United Kingdom national”;

(g) for paragraph 12 (children of Swiss nationals) substitute—

(12)

(1) A person who—

(a) is the child of a Swiss national who is entitled to support in the United Kingdom by virtue of Article 3(6) of Annex 1 to the Swiss Agreement;

(b) is ordinarily resident in Wales on the first day of the first academic year of the course;

(c) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course;

(d) in a case where the person’s ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (c).

(2) Any description of person who would have been eligible under this paragraph immediately before implementation period completion day is to be eligible on and after implementation period completion day.

(h) in paragraph 13(c) (children of Turkish workers), after “the territory comprising” insert “the United Kingdom, Gibraltar,”.

Section 38 Amendments to the Education (Student Support) (Postgraduate Master’s Degrees) (Wales) Regulations 2019

The Education (Student Support) (Postgraduate Master’s Degrees) (Wales) Regulations 2019 are amended as follows.

Section 39 Amendments to regulation 16

In regulation 16(1)(b) (students becoming eligible during a course)—

(a) in paragraph (iii), after “EU national” insert “or of a person who is eligible under paragraph 8(1) of Schedule 2 by virtue of paragraph 8(1A) of that Schedule other than as a family member”;

(b) for paragraph (iv) substitute—

(iv) the student becomes a person described in paragraph 1(2)(a) of Schedule 2;

Section 40 Amendments to Schedule 2

(1) Schedule 2 (categories of eligible students) is amended as follows.

(2) In paragraph 1(2) (category 1 – persons settled in the United Kingdom)—

(a) for paragraph (a) substitute—

(a) either—

(i) is settled in the United Kingdom by virtue of having acquired the right of permanent residence, or

(ii) falls within Article 18(2) or (3) of the EU withdrawal agreement, Article 17(2) or (3) of the EEA EFTA separation agreement or Article 16(2) or (3) of the Swiss citizens’ rights agreement, but only where that person would have acquired the right to reside permanently in the United Kingdom without restriction under Directive 2004/38 as it had effect immediately before implementation period completion day had the facts pertaining to that person’s right to reside fallen to be considered immediately before implementation period completion day,

(b) in paragraph (d), after “the territory comprising” insert “the United Kingdom, Gibraltar,”.

(3) In paragraph 6 (category 6 – workers, employed persons, self-employed persons and their family members)—

(a) in sub-paragraphs (1)(b) and (2)(b), after “the territory comprising” insert “the United Kingdom, Gibraltar,”;

(b) after sub-paragraph (2) insert—

(2A) Any description of person who would have been eligible under sub-paragraph (2) immediately before implementation period completion day is to be eligible on and after implementation period completion day.

(c) in sub-paragraphs (3) and (4), omit “other than the United Kingdom” in each place it occurs.

(4) In paragraph 7 (category 7 – persons who are settled in the United Kingdom and have exercised a right of residence elsewhere)—

(a) in sub-paragraph (1)(b), after “right of residence” insert “before implementation period completion day”;

(b) in sub-paragraph (1)(d) and (e), after “the territory comprising” insert “the United Kingdom, Gibraltar,”;

(c) in sub-paragraph (3)(c), for “has exercised a right of permanent residence” substitute “had the right of permanent residence”;

(d) in sub-paragraph (4)—

(i) in paragraph (a), for “has a right” substitute “had the right”;

(ii) in paragraph (b), for “goes” substitute “has gone”;

(e) after sub-paragraph (5) insert—

(6) For the purposes of this paragraph, a person had the right of permanent residence if they had a right which arose under Directive 2004/38 to reside permanently in the United Kingdom without restriction.

(5) In paragraph 8 (category 8 – EU nationals)—

(a) for sub-paragraph (1)(a) substitute—

(a) who, on the first day of the first academic year of the course is—

(i) an EU national,

(ii) a United Kingdom national who has exercised a right of residence, or

(iii) the family member of a person in sub-paragraph (i) or (ii),

(b) in sub-paragraph (1)(c) and (d), after “the territory comprising” insert “the United Kingdom, Gibraltar,”;

(c) after sub-paragraph (1) insert—

(1A) Any description of person who would have been eligible under sub-paragraph (1) immediately before implementation period completion day is to be eligible on and after implementation period completion day.

(d) in sub-paragraph (2)(a), omit “other than a United Kingdom national”;

(e) in sub-paragraph (2)(d), after “the territory comprising” insert “the United Kingdom, Gibraltar,”;

(f) for sub-paragraph (4) substitute—

(4) For the purposes of sub-paragraph (1)(a), a United Kingdom national has exercised a right of residence if that person has resided in Gibraltar or has exercised a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA Agreement or Swiss Agreement in a state other than the United Kingdom.

(6) For paragraph 9 (category 9 – children of Swiss nationals) substitute—

Category 9 - Children of Swiss nationals

(9)

(1) A person who—

(a) is the child of a Swiss national who is entitled to support in the United Kingdom by virtue of Article 3(6) of Annex 1 to the Swiss Agreement,

(b) is ordinarily resident in Wales on the first day of the first academic year of the course,

(c) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the EEA and Switzerland throughout the three-year period preceding the first day of the first academic year of the course, and

(d) in a case where the person’s ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the EEA and Switzerland immediately before the period of ordinary residence referred to in paragraph (c).

(2) Any description of person who would have been eligible under this paragraph immediately before implementation period completion day is to be eligible on and after implementation period completion day.

(7) In paragraph 10(1)(c) (category 10 – children of Turkish workers), after “the territory comprising” insert “the United Kingdom, Gibraltar,”.

(8) In paragraph 11 (ordinary residence – additional provision)—

(a) after “the territory comprising” insert “the United Kingdom, Gibraltar,” in each place it occurs;

(b) in sub-paragraph (5), after “an area” insert “other than the United Kingdom or Gibraltar”.

(9) In paragraph 13 (interpretation)—

(a) at the appropriate place insert—

“EEA EFTA separation agreement” (“ cytundeb gwahanu EFTA yr AEE ”) has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;

“residence scheme immigration rules” (“ rheolau mewnfudo’r cynllun preswylio ”) has the meaning given by section 17(1) of the European Union (Withdrawal Agreement) Act 2020;

“Swiss citizens’ rights agreement” (“ cytundeb ar hawliau dinasyddion Swisaidd ”) has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020.

(b) for the definition of “right of permanent residence” substitute—

“right of permanent residence” (“ hawl i breswylio’n barhaol ”) means, in relation to a person (“A”), a right to reside in the United Kingdom permanently without restriction which arises under residence scheme immigration rules, but only where, had the facts pertaining to the determination of A’s right to reside fallen to be considered immediately before implementation period completion day, A would have acquired such right under Directive 2004/38 as it had effect immediately before implementation period completion day;

Section 41 Amendments to Schedule 3

(1) Schedule 3 (calculation of income) is amended as follows.

(2) In paragraph 4(1) (independent eligible students), in Case 6, before “the European Union” insert “the United Kingdom, Gibraltar and”.

(3) In paragraph 9 (taxable income)—

(a) in sub-paragraph (1)(b), for “another member State” substitute “a member State”;

(b) for sub-paragraph (2) substitute—

(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.

(4) In the following paragraphs, for “another member State” substitute “a member State”—

(a) paragraph 11 (deductions for the purpose of calculating residual income of an eligible student), Deduction B;

(b) paragraph 15 (deductions for the purpose of calculating residual income of persons other than eligible student), Deduction A;

(c) paragraph 18 (treatment of income not treated as income for income tax purposes), in each place it occurs;

(d) paragraph 19(1) (P’s income in currency other than sterling).