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

• Citation: S.I. 2023/1349 (W.)
• Sections: 80

Section 1 Title and coming into force

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

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

Section 2 Application

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

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

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

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

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

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

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

Section 3

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

Section 4

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

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

Section 5

In the Schedule—

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

(i) after paragraph (c) insert “or” ;

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

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

“ person with leave to enter or remain as a relevant Afghan citizen ” (“ person sydd â chaniatâd i ddod i mewn neu i aros fel dinesydd perthnasol o Affganistan ”) means a person who has—

indefinite leave to enter the United Kingdom under paragraph 276BA2 of the immigration rules or indefinite leave to remain in the United Kingdom under paragraph 276BS2 of the immigration rules;

indefinite leave to enter the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy to the immigration rules or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.2 of that Appendix to the immigration rules;

leave to enter or indefinite leave to enter or remain in the United Kingdom outside the immigration rules on the basis of the Afghan Relocations and Assistance Policy Scheme; or

indefinite leave to enter or remain in the United Kingdom outside the immigration rules on the basis of the Afghan Citizens Resettlement Scheme;

(c) after paragraph 4C insert—

Persons with leave to enter or remain as a relevant Afghan citizen

(4D)

(1) A person who—

(a) is a person with leave to enter or remain as a relevant Afghan citizen;

(b) is ordinarily resident in the United Kingdom and the Islands and has not ceased to be so resident since being granted such leave; and

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

(2) A person who—

(a) is the spouse or civil partner of a person with leave to enter or remain as a relevant Afghan citizen;

(b) on the leave application date was the spouse or civil partner of a person with leave to enter or remain as a relevant Afghan citizen;

(c) is ordinarily resident in the United Kingdom and the Islands and has not ceased to be so resident since being granted leave to enter or remain in the United Kingdom; and

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

(3) A person who—

(a) is—

(i) the child of a person with leave to enter or remain as a relevant Afghan citizen; or

(ii) the child of the spouse or civil partner of a person with leave to enter or remain as a relevant Afghan citizen;

(b) on the leave application date was—

(i) under 18 years old; and

(ii) the child of a person with leave to enter or remain as a relevant Afghan citizen or, as the case may be, the child of a person who was the spouse or civil partner of a person with leave to enter or remain as a relevant Afghan citizen;

(c) is ordinarily resident in the United Kingdom and the Islands and has not ceased to be so resident since being granted leave to enter or remain in the United Kingdom; and

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

(4) In this paragraph, “ leave application date ” means the date on which a person (“ P ”) made an application for leave to enter or remain in the United Kingdom that results in P becoming a person with leave to enter or remain as a relevant Afghan citizen.

Section 6

In the Schedule, in paragraph 4C—

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

(b) after that sub-paragraph insert—

(2) A person who—

(a) is the spouse or civil partner of a protected Ukrainian national;

(b) on the leave application date, was the spouse or civil partner of that person;

(c) is ordinarily resident in the United Kingdom and the Islands and has not ceased to be so resident since being granted leave to enter or remain in the United Kingdom; and

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

(3) A person who—

(a) is—

(i) the child of a protected Ukrainian national; or

(ii) the child of the spouse or civil partner of a protected Ukrainian national;

(b) on the leave application date was—

(i) under 18 years old; and

(ii) the child of a protected Ukrainian national or, as the case may be, the child of a person who was the spouse or civil partner of a protected Ukrainian national;

(c) is ordinarily resident in the United Kingdom and the Islands and has not ceased to be so resident since being granted leave to enter or remain in the United Kingdom; and

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

(4) In this paragraph, “ leave application date ” means the date on which a person (“ P ”) made an application for leave to enter or remain in the United Kingdom that results in P becoming a protected Ukrainian national.

Section 7

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

(a) after “9C,” insert “9Ch,” ;

(b) omit “9E,”.

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

Section 8

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Section 10

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Section 11

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Section 12

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Section 13

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Section 14

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

Section 15

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

Section 16

In the Schedule—

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

(i) after paragraph (c) insert “or” ;

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

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

“ person with leave to enter or remain as a relevant Afghan citizen ” (“ person sydd â chaniatâd i ddod i mewn neu i aros fel dinesydd perthnasol o Affganistan ”) means a person who has—

indefinite leave to enter the United Kingdom under paragraph 276BA2 of the immigration rules or indefinite leave to remain in the United Kingdom under paragraph 276BS2 of the immigration rules;

indefinite leave to enter the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy to the immigration rules or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.2 of that Appendix to the immigration rules;

leave to enter or indefinite leave to enter or remain in the United Kingdom outside the immigration rules on the basis of the Afghan Relocations and Assistance Policy Scheme; or

indefinite leave to enter or remain in the United Kingdom outside the immigration rules on the basis of the Afghan Citizens Resettlement Scheme;

(c) After paragraph 4C insert—

Person with leave to enter or remain as a relevant Afghan citizen

(4D)

(1) A person who—

(a) is a person with leave to enter or remain as a relevant Afghan citizen;

(b) is ordinarily resident in the United Kingdom and the Islands and has not ceased to be so resident since being granted such leave; and

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

(2) A person who—

(a) is the spouse or civil partner of a person with leave to enter or remain as a relevant Afghan citizen;

(b) on the leave application date was the spouse or civil partner of a person with leave to enter or remain as a relevant Afghan citizen;

(c) is ordinarily resident in the United Kingdom and the Islands and has not ceased to be so resident since being granted leave to enter or remain in the United Kingdom; and

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

(3) A person who—

(a) is—

(i) the child of a person with leave to enter or remain as a relevant Afghan citizen; or

(ii) the child of the spouse or civil partner of a person with leave to enter or remain as a relevant Afghan citizen;

(b) on the leave application date was—

(i) under 18 years old; and

(ii) the child of the person with leave to enter or remain as a relevant Afghan citizen or, as the case may be, the child of a person who was the spouse or civil partner of a person with leave to enter or remain as a relevant Afghan citizen;

(c) is ordinarily resident in the United Kingdom and the Islands and has not ceased to be so resident since being granted leave to enter or remain in the United Kingdom; and

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

(4) In this paragraph, “ leave application date ” means the date on which a person (“ P ”) made an application for leave to enter or remain in the United Kingdom that results in P becoming a person with leave to enter or remain as a relevant Afghan citizen.

Section 17

In the Schedule, in paragraph 4C—

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

(b) after that sub-paragraph insert—

(2) A person who—

(a) is the spouse or civil partner of a protected Ukrainian national;

(b) on the leave application date, was the spouse or civil partner of that person;

(c) is ordinarily resident in the United Kingdom and the Islands and has not ceased to be so resident since being granted leave to enter or remain in the United Kingdom; and

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

(3) A person who—

(a) is—

(i) the child of a protected Ukrainian national; or

(ii) the child of a spouse or civil partner of a protected Ukrainian national;

(b) on the leave application date was—

(i) under 18 years old; and

(ii) the child of the protected Ukrainian national or, as the case may be, the child of a person who was the spouse or civil partner of a protected Ukrainian national;

(c) is ordinarily resident in the United Kingdom and the Islands and has not ceased to be so resident since being granted leave to enter or remain in the United Kingdom; and

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

(4) In this paragraph, “ leave application date ” means the date on which a person (“ P ”) made an application for leave to enter or remain in the United Kingdom that results in P becoming a person granted leave to enter or remain as a protected Ukrainian national.

Section 18

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

Section 19

In regulation 4(10F)—

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

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

Section 20

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

Section 21

In regulation 81(10F)—

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

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

Section 22

In regulation 110(12F)—

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

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

Section 23

In Schedule 1, in paragraph 4ZC—

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

(b) after that sub-paragraph insert—

(2) A person who—

(a) is the spouse or civil partner of a protected Ukrainian national;

(b) on the leave application date was the spouse or civil partner of that person;

(c) is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being granted leave to enter or remain in the United Kingdom; and

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

(3) A person who—

(a) is—

(i) the child of a protected Ukrainian national; or

(ii) the child of a spouse or civil partner of a protected Ukrainian national;

(b) on the leave application date was—

(i) under 18 years old; and

(ii) the child of a protected Ukrainian national or, as the case may be, the child of a person who was the spouse or civil partner of a protected Ukrainian national;

(c) is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being granted leave to enter or remain in the United Kingdom; and

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

(4) In this paragraph, “ leave application date ” means the date on which a person (“ P ”) made an application for leave to enter or remain in the United Kingdom that results in P becoming a protected Ukrainian national.

Section 24

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

Section 25

In regulation 2(1)—

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

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

Section 26

For regulation 4(3)(c) substitute—

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

Section 27

For regulation 7(5)(b) substitute—

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

Section 28

For regulation 81(3)(a) substitute—

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

Section 29

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

Section 30

In regulation 43—

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

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

Section 31

In regulation 45—

(a) in paragraph (1), omit sub-paragraph (a);

(b) in paragraph (2), omit sub-paragraph (a).

Section 32

In regulation 52(i)(i), omit “regulation 23(3) or”.

Section 33

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

Section 34

In regulation 23F(1)—

(a) in sub-paragraph (a), after “(see Schedule 2, paragraph 2ZA)” insert “or the spouse, civil partner, child or stepchild of such a person” ;

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

(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—

(i) P, or

(ii) the person who, as a result of being a person with leave to enter or remain as a relevant Afghan citizen, caused P to be an eligible student,

is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no appeal is pending.

Section 35

In each of regulations 80(2)(b)(ic) and 81(3)(b)(ic), at the end insert “or the spouse, civil partner, child or stepchild of such a person” .

Section 36

In Schedule 2, paragraph 2ZA, sub-paragraph (4)—

(a) in paragraph (ea)—

(i) omit sub-paragraph (ia);

(ii) after sub-paragraph (ii) insert “or” ;

(iii) omit sub-paragraph (iv) and the “or” before it;

(b) in paragraph (g)(i)—

(i) omit “or” after paragraph (ab);

(ii) after paragraph (ac) insert—

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

(c) in paragraph (g)(ii)—

(i) omit “or” after paragraph (aa);

(ii) after paragraph (ab) insert—

or

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

(d) in paragraph (h)—

(i) omit “or” after sub-paragraph (i);

(ii) at the end of sub-paragraph (ii), for the full stop substitute “, or” ;

(iii) after sub-paragraph (ii) insert—

(iii) a person with leave to enter or remain as a relevant Afghan citizen.

Section 37

In Schedule 4—

(a) in paragraph 13F(1)—

(i) in paragraph (a), after “(see Schedule 2, paragraph 2ZA)” insert “or the spouse, civil partner, child or stepchild of such a person” ;

(ii) for paragraph (b) substitute—

(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—

(i) P, or

(ii) the person who, as a result of being a person with leave to enter or remain as a relevant Afghan citizen, caused P to be an eligible student,

is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no appeal is pending.

(b) in paragraph 14(3)(b)(ic), at the end insert “or the spouse, civil partner, child or stepchild of such a person” .

Section 38

In regulation 23G(1)—

(a) in sub-paragraph (a), after “(see Schedule 2, paragraph 2ZC)” insert “or the spouse, civil partner, child or stepchild of such a person” ;

(b) for sub-paragraph (b) substitute—

(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—

(i) P, or

(ii) the person who, as a result of being a person granted leave to remain as a protected Ukrainian national, caused P to be an eligible student,

is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted.

Section 39

In each of regulations 80(2)(b)(id) and 81(3)(b)(id), at the end insert “or the spouse, civil partner, child or stepchild of such a person” .

Section 40

In Schedule 2, in paragraph 2ZC—

(a) after sub-paragraph (1) insert—

(1A) A person who—

(a) is the spouse or civil partner of a protected Ukrainian national,

(b) on the leave application date, was the spouse or civil partner of that person,

(c) is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being granted leave to enter or remain in the United Kingdom, and

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

(1B) A person who—

(a) is—

(i) the child of a protected Ukrainian national, or

(ii) the child of the spouse or civil partner of a protected Ukrainian national,

(b) on the leave application date was—

(i) under 18 years old, and

(ii) the child of a protected Ukrainian national or, as the case may be, the child of a person who was the spouse or civil partner of a protected Ukrainian national,

(c) is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being granted leave to enter or remain in the United Kingdom, and

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

(b) after sub-paragraph (2) insert—

(3) In this paragraph “ leave application date ” means the date on which a person (“ P ”) made an application for leave to enter or remain in the United Kingdom that results in P becoming a person granted leave to enter or remain as a protected Ukrainian national.

Section 41

In Schedule 4—

(a) in paragraph 13G(1)—

(i) in paragraph (a), after “(see Schedule 2, paragraph 2ZC)” insert “or the spouse, civil partner, child or stepchild of such a person” ;

(ii) for paragraph (b) substitute—

(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—

(i) P, or

(ii) the person who, as a result of being a person granted leave to remain as a protected Ukrainian national, caused P to be an eligible student,

is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted.

(b) in paragraph 14(3)(b)(id), at the end insert “or the spouse, civil partner, child or stepchild of such a person” .

Section 42

In regulation 10—

(a) in paragraph (1), in Exception 3—

(i) for paragraph (a) substitute—

(a) where the course is a full-time course, a healthcare bursary, the amount of which is not calculated by reference to P’s income (unless it is a bursary grant for living costs);

(ii) for paragraph (b) substitute—

(b) where the course is a part-time course, a healthcare bursary (whether or not calculated by reference to P’s income).

(b) in paragraph (4), omit the definition of “Scottish healthcare allowance”.

Section 43

In regulation 24(2), in Case 2, for paragraph (b) substitute—

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

Section 44

In regulation 39, for Exception 2 (but not the heading before it) substitute—

Where the present course is not an accelerated graduate entry course, the academic year is a year in respect of which a student is eligible to apply for a healthcare bursary calculated by reference to the student’s income (whether or not the calculation results in a nil amount).

Section 45

In regulation 44(1), for Exception 3 (but not the heading before it) substitute—

The academic year is a year in respect of which the student is eligible to apply for a healthcare bursary calculated by reference to the student’s income (whether or not the calculation results in a nil amount).

Section 46

In regulation 55(3), in Category 2, for paragraph (a) substitute—

(a) an academic year in respect of which a student is eligible to apply for a healthcare bursary calculated by reference to the student’s income (whether or not the calculation results in a nil amount), or

Section 47

In regulation 62(2), for Exception 3 (but not the heading before it) substitute—

The present course is a full-time course and the academic year is a year in respect of which the student is eligible to apply for a healthcare bursary calculated by reference to the student’s income (whether or not the calculation results in a nil amount).

Section 48

In regulation 65(1), for Condition 3 (but not the heading before it) substitute—

The academic year is not a year in respect of which the student is eligible to apply for a healthcare bursary calculated by reference to the student’s income (whether or not the calculation results in a nil amount).

Section 49

In regulation 69(2), for Exception 3 (but not the heading before it) substitute—

The academic year is a year in respect of which the student is eligible to apply for a healthcare bursary calculated by reference to the student’s income (whether or not the calculation results in a nil amount).

Section 50

In Schedule 4, in paragraph 5(1), in Exception 2 omit paragraph (b).