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

• Citation: S.I. 2022/764 (W.)
• Sections: 55

Section 1 Title and commencement

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

Section 2

These Regulations come into force on 24 July 2022.

Section 3 Application

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

Section 4 Introduction

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

Section 5 Amendments to regulations 4 to 8

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

Section 6

In regulation 5(1)—

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

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

Section 7

In regulation 6—

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

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

Section 8

In regulation 7—

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

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

Section 9

In regulation 8—

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

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

Section 10 Amendment to the Schedule

In the Schedule—

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

“protected Ukrainian national” (“ gwladolyn Wcreinaidd a ddiogelir ”) means a person granted leave to enter or remain in the United Kingdom—

under paragraph 9.1 (Ukraine Family Scheme), 19.1 (Homes for Ukraine Sponsorship Scheme) or 27.1 (Ukraine Extension Scheme) of Appendix Ukraine Scheme of the immigration rules; or

outside the immigration rules, where the person—

was residing in Ukraine immediately before 1 January 2022; and

left Ukraine in connection with the Russian invasion which took place on 24 February 2022;

(b) after paragraph 4B insert—

(4C) A person who—

(a) is a protected Ukrainian national;

(b) has been ordinarily resident in the United Kingdom and Islands throughout the period since becoming a protected Ukrainian national; and

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

Section 11 Introduction

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Section 12 Amendment to regulation 3

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Section 13 Amendment to regulation 6

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Section 14 Amendment to Schedule 1

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Section 15 Introduction

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

Section 16 Amendment to regulation 4

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

Section 17 Amendments to the Schedule

In the Schedule—

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

“protected Ukrainian national” (“ gwladolyn Wcreinaidd a ddiogelir ”) means a person granted leave to enter or remain in the United Kingdom—

under paragraph 9.1 (Ukraine Family Scheme), 19.1 (Homes for Ukraine Sponsorship Scheme) or 27.1 (Ukraine Extension Scheme) of Appendix Ukraine Scheme of the immigration rules; or

outside the immigration rules, where the person—

was residing in Ukraine immediately before 1 January 2022; and

left Ukraine in connection with the Russian invasion which took place on 24 February 2022;

(b) after paragraph 4B insert—

Protected Ukrainian nationals

(4C) A person who—

(a) is a protected Ukrainian national;

(b) has been ordinarily resident in the United Kingdom and Islands throughout the period since becoming a protected Ukrainian national; and

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

Section 18 Introduction

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

Section 19 Amendment to regulation 2

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

“protected Ukrainian national” (“ gwladolyn Wcreinaidd a ddiogelir ”) means a person granted leave to enter or remain in the United Kingdom—

under paragraph 9.1 (Ukraine Family Scheme), 19.1 (Homes for Ukraine Sponsorship Scheme) or 27.1 (Ukraine Extension Scheme) of Appendix Ukraine Scheme of the immigration rules; or

outside the immigration rules, where the person—

was residing in Ukraine immediately before 1 January 2022; and

left Ukraine in connection with the Russian invasion which took place on 24 February 2022;

Section 20 Amendment to regulation 4

In regulation 4—

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

(b) after paragraph (10E) insert—

(10F) Where—

(a) the Welsh Ministers have determined that by virtue of being a protected Ukrainian national, a person (“A” in this paragraph) was—

(i) an eligible student in connection with an application for support for an earlier year of the present course, an application for support for a course in relation to which the present course is an end-on course or an application for support in connection with a designated part-time course or other designated course from which A’s status as an eligible part-time student or eligible student has been transferred to the present course; or

(ii) a qualifying student in connection with an application for support for an earlier year of the qualifying course or other qualifying course from which A’s status as a qualifying student has been transferred to the qualifying course in respect of which the student is applying for support; and

(b) as at the day before the academic year in respect of which A is applying for support starts, the period for which A is allowed to stay in the United Kingdom as a protected Ukrainian national has expired and no further leave to enter or remain has been granted,

Aʼs status as an eligible or qualifying student terminates immediately before the first day of the academic year in respect of which A is applying for support.

Section 21 Amendment to regulation 15

In regulation 15, after paragraph (bb) insert—

(bc) the student becomes a protected Ukrainian national;

Section 22 Amendment to regulation 23

In regulation 23—

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

(bc) the student becomes a protected Ukrainian national;

(b) omit paragraph (17).

Section 23 Amendment to regulation 26

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

Section 24 Amendment to regulation 27

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

Section 25 Amendment of regulation 28

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

Section 26 Amendment to regulation 49

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

(bc) the student becomes a protected Ukrainian national;

Section 27 Amendment to regulations 81 and 82

In regulation 81—

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

(b) after paragraph (10E) insert—

(10F) Where—

(a) the Welsh Ministers determined that, by virtue of being a protected Ukrainian national, a person (“A” in this paragraph) was an eligible part-time student in connection with an application for support for an earlier year of the present part-time course or an application for support in connection with a designated course or other designated part-time course from which A’s status as an eligible part-time student or eligible student has been transferred to the present part-time course; and

(b) as at the day before the academic year in respect of which A is applying for support begins, the period for which A is allowed to stay in the United Kingdom as a protected Ukrainian national has expired and no further leave to enter or remain has been granted,

Aʼs status as an eligible part-time student terminates immediately before the first day of the academic year in respect of which A is applying for support.

Section 28

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

(bc) the student becomes a protected Ukrainian national;

Section 29 Amendment to regulation 91

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

Section 30 Amendment to regulation 92

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

Section 31 Amendment to regulation 93

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

Section 32 Amendment to regulations 110 and 111

In regulation 110—

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

(b) after paragraph (12E) insert—

(12F) Where—

(a) the Welsh Ministers have determined that, by virtue of being a protected Ukrainian national, a person (“A” in this paragraph) was an eligible postgraduate student in connection with an application for support for an earlier year of the present postgraduate course or an application for support in connection with another designated postgraduate course, from which A’s status as an eligible postgraduate student has been transferred to the present postgraduate course; and

(b) as at the day before the academic year in respect of which A is applying for support begins, the period for which A is allowed to stay in the United Kingdom as a protected Ukrainian national has expired and no further leave to enter or remain has been granted,

Aʼs status as an eligible postgraduate student terminates immediately before the first day of the academic year in respect of which A is applying for support.

Section 33

After regulation 111(2)(bb) insert—

(bc) the student becomes a protected Ukrainian national;

Section 34 Amendment to Schedule 1

In Schedule 1, after paragraph 4ZB insert—

Protected Ukrainian nationals

(4ZC) A person who—

(a) is a protected Ukrainian national;

(b) has been ordinarily resident in the United Kingdom and Islands throughout the period since becoming a protected Ukrainian national; and

(c) is ordinarily resident in Wales on the first day of the first academic year of the course.

Section 35 Amendment to Schedule 4

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

(ac) the student becomes a protected Ukrainian national;

Section 36 Introduction

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

Section 37 Amendment to regulation 9

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

Section 38 Amendment to regulation 12

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

Section 39 Insertion of new regulation 23G

After regulation 23F insert—

(23G)

(1) This regulation applies where—

(a) a person (“P”) was an eligible student as a result of being a protected Ukrainian national (see Schedule 2, paragraph 2ZC) in connection with an application for support—

(i) for an earlier year of the present course,

(ii) for a full-time course in relation to which the present course is a full-time end-on course, or

(iii) for a course from which P’s status as an eligible student has been transferred to the present course under regulation 28 or paragraph 7 of Schedule 5, and

(b) as at the end of the day before the first day of the academic year in respect of which P is applying for support, the period for which P is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted.

(2) Where this regulation applies, P’s status as an eligible student terminates immediately before the first day of the academic year in respect of which P is applying for support.

Section 40 Amendment to regulation 69

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

Section 41 Amendment to regulation 80

In regulation 80—

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

(id) the student becomes a protected Ukrainian national;

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

Section 42 Amendment to regulation 81

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

(id) the student becomes a protected Ukrainian national;

Section 43 Amendment to Schedule 2

In Schedule 2, after paragraph 2ZB insert—

Category 2ZC – Protected Ukrainian nationals

(2ZC)

(1) A person who—

(a) is a protected Ukrainian national,

(b) has been ordinarily resident in the United Kingdom and Islands throughout the period since becoming a protected Ukrainian national, and

(c) is ordinarily resident in Wales on the first day of the first academic year of the course.

(2) In this paragraph, “protected Ukrainian national” means a person granted leave to enter or remain in the United Kingdom—

(a) under paragraph 9.1 (Ukraine Family Scheme), 19.1 (Homes for Ukraine Sponsorship Scheme) or 27.1 (Ukraine Extension Scheme) of Appendix Ukraine Scheme of the immigration rules, or

(b) outside the immigration rules, where the person—

(i) was residing in Ukraine immediately before 1 January 2022, and

(ii) left Ukraine in connection with the Russian invasion which took place on 24 February 2022.

Section 44 Amendment to Schedule 4

In Schedule 4—

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

(b) after paragraph 13F insert—

(13G)

(1) This paragraph applies where—

(a) a person (“P”) was an eligible postgraduate student by reason of them being a protected Ukrainian national (see Schedule 2, paragraph 2ZC) in connection with an application for a disabled postgraduate student’s grant—

(i) for an earlier year of the present postgraduate course, or

(ii) in connection with a course from which P’s status as an eligible postgraduate student has been transferred to the present postgraduate course under paragraph 15, and

(b) as at the end of the day before the first day of the academic year in respect of which P is applying for a disabled postgraduate student’s grant, the period for which P is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted.

(2) Where this paragraph applies, P’s status as an eligible postgraduate student terminates immediately before the first day of the academic year in respect of which P is applying for support.

(c) in paragraph 14—

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

(id) the student becomes a protected Ukrainian national;

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

Section 45 Amendment to Schedule 7

In Schedule 7, in Table 16, at the appropriate place insert the following table entry—

Section 46 Introduction

The Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 2018 are amended in accordance with this Part.

Section 47 Amendments to regulations 2, 3 and 8

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

“protected Ukrainian national” (“ gwladolyn Wcreinaidd a ddiogelir ”) means a person granted leave to enter or remain in the United Kingdom—

under paragraph 9.1 (Ukraine Family Scheme), 19.1 (Homes for Ukraine Sponsorship Scheme) or 27.1 (Ukraine Extension Scheme) of Appendix Ukraine Scheme of the immigration rules; or

outside the immigration rules, where the person—

was residing in Ukraine immediately before 1 January 2022; and

left Ukraine in connection with the Russian invasion which took place on 24 February 2022;

Section 48

In regulation 3(2)(a), after “4B,” insert “4C,” .

Section 49

In regulation 8, after paragraph (bc) insert—

(bd) the student becomes a protected Ukrainian national;

Section 50 Amendment to Schedule 1

In Schedule 1, after paragraph 4B insert—

Protected Ukrainian nationals

(4C) A person who—

(a) is a protected Ukrainian national;

(b) has been ordinarily resident in the United Kingdom and Islands throughout the period since becoming a protected Ukrainian national; and

(c) is ordinarily resident in Wales on the first day of the first academic year of the course.