The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2026

• Citation: S.I. 2026/3 (W.)
• Sections: 56

Section 1 Title and coming into force

(1) The title of these Regulations is the Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2026.

(2) These Regulations come into force on 5 February 2026.

Section 2 Application

These Regulations apply in relation to the provision of support, and to fees and awards applicable, in relation to an academic year which begins on or after 1 August 2026, whether or not anything done under these Regulations is done before, on or after that date.

Section 3

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

Section 4

In regulation 2(1) (interpretation), in the definition of “ overseas territories ”—

(a) omit “Aruba;” ;

(b) for “Netherlands Antilles (Bonaire, Curaçao, Saba, Sint Eustatius and Sint Maarten)” substitute “the Caribbean part of the Kingdom of the Netherlands (Aruba, Bonaire, Curaçao, Saba, Sint Eustatius and Sint Maarten)” .

Section 5

In the Schedule, in paragraphs 9B(5) and 9BA(3)—

(a) omit “Aruba;” ;

(b) for “Netherlands Antilles (Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten)” substitute “the Caribbean part of the Kingdom of the Netherlands (Aruba, Bonaire, Curaçao, Saba, Sint Eustatius and Sint Maarten)” .

Section 6

For regulation 4(2) (fee charging) substitute—

(2) For the purposes of this regulation a person falls within a paragraph of the Schedule if they fall within it—

(a) on the day on which the first term of the first academic year actually begins, where the academic year is the first academic year of the person’s course, or

(b) otherwise, on the first day of an academic year.

Section 7

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

(a) in the words before sub-paragraph (1), for “under any of the following provisions of the immigration rules” substitute “granted in any of the following cases” ;

(b) in sub-paragraph (1), in the opening words, after “31 January 2024,” insert “under” ;

(c) in sub-paragraph (2), in the opening words, after “31 January 2024,” insert “under” ;

(d) after sub-paragraph (2) insert—

(3) in the case of a person granted leave to enter or remain on or after 5 October 2023 as a bereaved partner, under paragraph AF (GHK) 14.1 of Appendix Gurkha and Hong Kong military unit veteran discharged before 1 July 1997 of the immigration rules;

(4) in the case of a person granted leave to enter or remain before 5 October 2023, outside the immigration rules, on the basis that the person was a bereaved partner of a Gurkha discharged before 1 July 1997;

Section 8

In the Schedule—

(a) in paragraph 1, in the definition of “protected Ukrainian national” , for sub-paragraph (a), but not the “or” after it, substitute—

(a) under any of the following provisions of Appendix Ukraine Scheme of the immigration rules—

(i) paragraph UKR 9.1 (Ukraine Family Scheme);

(ii) paragraph UKR 19.1 (Homes for Ukraine Sponsorship Scheme);

(iii) paragraph UKR 27.1 (Ukraine Extension Scheme);

(iv) paragraph UKR 36.1 (Ukraine Permission Extension Scheme);

(b) in paragraph 4C(1)(b), for the words from “has” to “period” substitute “is ordinarily resident in the United Kingdom and the Islands and has not ceased to be so resident” .

Section 9

The Education (European University Institute) (Wales) Regulations 2014 and the Education (European University Institute) (Wales) (Amendment) (EU Exit) Regulations 2021 are revoked.

Section 10

The following provisions are omitted—

(a) paragraph 174 of Schedule 3 to the Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 ;

(b) regulations 42 to 45 of the Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2018 ;

(c) Part 3 of the Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2019 ;

(d) regulation 3 of the Education (Student Finance) (Amendments to Student Eligibility) (Wales) Regulations 2019 ;

(e) regulations 6 to 8 of the Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 ;

(f) Part 3 of the Education (Student Fees, Awards and Support) (Ordinary Residence) (Wales) Regulations 2021 ;

(g) regulations 3 to 6 of the Education (Eligibility for Student Support) (Amendment) (Wales) Regulations 2022 ;

(h) Part 3 of the Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2022 ;

(i) Part 3 of the Education (Student Finance) (Ukrainian Nationals and Family Members) (Miscellaneous Amendments) (Wales) Regulations 2022 ;

(j) Part 3 of the Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2023 ;

(k) Part 3 and regulation 79 of the Education (Student Finance) (Miscellaneous Amendments) (No. 3) (Wales) Regulations 2023 ;

(l) Part 3 of the Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2024 ;

(m) Part 3 of the Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2025 ;

(n) Part 2 of the Education (Student Finance) (Amounts) (Miscellaneous Amendments) (Wales) Regulations 2025 ;

(o) Part 3 of the Education (Student Finance) (Miscellaneous Amendments) (No. 2) (Wales) Regulations 2025 .

Section 11

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

Section 12

In regulation 4 (prescribed description of a qualifying person)—

(a) in paragraph (1), for “falls within a prescribed category on the first day of an academic year, other than—” substitute “satisfies either of the conditions in paragraph (1A) and does not fall within any of the exceptions in paragraph (1B).” ;

(b) omit paragraph (1)(a) to (d);

(c) after paragraph (1) insert—

(1A) The conditions are—

Condition 1

A person falls within either paragraph 2A or 8A of the Schedule—

(a) on the day on which the first term of the first academic year actually begins, where the academic year is the first academic year of the person’s course, or

(b) otherwise, on the first day of an academic year.

Condition 2

A person falls within a prescribed category on the first day of an academic year.

(1B) The exceptions are—

(a) a person who is not eligible for support under the 2015 Regulations by reason of regulation 4(3)(c), (d), (e) or (f) of those Regulations;

(b) a person who is not eligible for support under the 2017 Regulations by reason of regulation 4(3)(c), (d), (e) or (f) of those Regulations;

(c) a person who is not eligible for support under the 2018 Regulations because they are a person to whom Exception 3, paragraph (a), Exception 4, Exception 5 or Exception 6 in regulation 10(1) of those Regulations applies;

(d) a person mentioned in paragraphs (2), (3), (3A) or (8).

Section 13

In the Schedule—

(a) in paragraph 1(1), in the definition of “ overseas territories ”—

(i) omit “Aruba;” ;

(ii) for “Netherlands Antilles (Bonaire, Curaçao, Saba, Sint Eustatius and Sint Maarten)” substitute “the Caribbean part of the Kingdom of the Netherlands (Aruba, Bonaire, Curaçao, Saba, Sint Eustatius and Sint Maarten)” ;

(b) in paragraphs 9B(5) and 9BA(3)—

(i) omit “Aruba;” ;

(ii) for “Netherlands Antilles (Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten)” substitute “the Caribbean part of the Kingdom of the Netherlands (Aruba, Bonaire, Curaçao, Saba, Sint Eustatius and Sint Maarten)” .

Section 14

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

(a) in the words before paragraph (1), for “under any of the following provisions of the immigration rules” substitute “granted in any of the following cases” ;

(b) in paragraph (1), in the opening words, after “31 January 2024,” insert “under” ;

(c) in paragraph (2), in the opening words, after “31 January 2024,” insert “under” ;

(d) after paragraph (2) insert—

(3) in the case of a person granted leave to enter or remain on or after 5 October 2023 as a bereaved partner, under paragraph AF (GHK) 14.1 of Appendix Gurkha and Hong Kong military unit veteran discharged before 1 July 1997 of the immigration rules;

(4) in the case of a person granted leave to enter or remain before 5 October 2023, outside the immigration rules, on the basis that the person was a bereaved partner of a Gurkha discharged before 1 July 1997;

Section 15

In the Schedule—

(a) in paragraph 1(1), in the definition of “protected Ukrainian national” , for paragraph (a) substitute—

(a) under any of the following provisions of Appendix Ukraine Scheme of the immigration rules—

(i) paragraph UKR 9.1 (Ukraine Family Scheme);

(ii) paragraph UKR 19.1 (Homes for Ukraine Sponsorship Scheme);

(iii) paragraph UKR 27.1 (Ukraine Extension Scheme);

(iv) paragraph UKR 36.1 (Ukraine Permission Extension Scheme); or

(b) in paragraph 4C (protected Ukrainian nationals), in sub-paragraph (1)(b), for the words from “has” to “period” substitute “is ordinarily resident in the United Kingdom and the Islands and has not ceased to be so resident” .

Section 16

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

Section 17

In regulation 2(1) (interpretation)—

(a) omit the definitions of “college fees” , “college fee loan” , “qualifying course” and “qualifying student” ;

(b) in the definition of “fees” omit “except in reference to college fees” .

Section 18

In regulation 4 (eligible students)—

(a) after paragraphs (9)(a)(i), (9A)(a)(i), (9B)(a)(i), (10)(a)(i), (10A)(a)(i), (10B)(a)(i), (10C)(a)(i), (10D)(a)(i) and (10F)(a)(i), for “or” substitute “and” ;

(b) omit paragraphs (9)(a)(ii), (9A)(a)(ii), (9B)(a)(ii), (10)(a)(ii), (10A)(a)(ii), (10B)(a)(ii), (10C)(a)(ii), (10D)(a)(ii) and (10F)(a)(ii);

(c) in the closing words of paragraphs (9), (9A), (9B), (10), (10A), (10B), (10C), (10D), (10E) and (10F), omit “or qualifying” ;

(d) in paragraph (10E)(a), omit “or a qualifying student in connection with an academic year of a qualifying course” ;

(e) in paragraph (11), for “an eligible part-time student, an eligible student or a qualifying student” substitute “an eligible part-time student or an eligible student” ;

(f) in paragraph (11A)(b), omit “or a qualifying student” .

Section 19

In regulation 10(2)(b) (time limits) omit “or a college fee loan under Schedule 4” and “or an additional amount of college fee loan under paragraph 10(2) of Schedule 4” .

Section 20

Omit Part 8 (college fee loans) and Schedule 4 (college fee loans).

Section 21

In regulation 2(1), in the definition of “ person granted leave to enter or remain as a protected partner ”—

(a) in the words before paragraph (1), for “under any of the following provisions of the immigration rules” substitute “granted in any of the following cases” ;

(b) in paragraph (1), in the opening words, after “31 January 2024,” insert “under” ;

(c) in paragraph (2), in the opening words, after “31 January 2024,” insert “under” ;

(d) after paragraph (2) insert—

(3) in the case of a person granted leave to enter or remain on or after 5 October 2023 as a bereaved partner, under paragraph AF (GHK) 14.1 of Appendix Gurkha and Hong Kong military unit veteran discharged before 1 July 1997 of the immigration rules;

(4) in the case of a person granted leave to enter or remain before 5 October 2023, outside the immigration rules, on the basis that the person was a bereaved partner of a Gurkha discharged before 1 July 1997;

Section 22

In regulation 2(1), in the definition of “protected Ukrainian national” , for sub-paragraph (a), but not the “or” after it, substitute—

(a) under any of the following provisions of Appendix Ukraine Scheme of the immigration rules—

(i) paragraph UKR 9.1 (Ukraine Family Scheme);

(ii) paragraph UKR 19.1 (Homes for Ukraine Sponsorship Scheme);

(iii) paragraph UKR 27.1 (Ukraine Extension Scheme);

(iv) paragraph UKR 36.1 (Ukraine Permission Extension Scheme);

Section 23

In Schedule 1 (eligible students), in paragraph 4ZC (protected Ukrainian nationals), in sub-paragraph (1)(b), for the words from “has” to “period” substitute “is ordinarily resident in the United Kingdom and the Islands and has not ceased to be so resident” .

Section 24

In regulation 23(7)(e)(iv) (general qualifying conditions for grants for living costs)—

(a) omit “the Regional Health and Social Care Board or” ;

(b) for “sections 7 and 12” substitute “section 12” .

Section 25

In regulation 50(3) (increases in maximum amount), at the end insert “or who is in receipt of a healthcare bursary or universal healthcare bursary calculated by reference to the student’s income, whether or not the calculation results in a nil amount” .

Section 26

Omit regulation 46(3) and (4) (students residing with parents) and regulation 52(fa) (interpretation of Part 6).

Section 27

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

Section 28

Omit regulation 3(15), Part 16 (Oxbridge college fee loans) and Schedule 5 (Oxbridge college fee loans).

Section 29

In regulations 22(1)(a)(iii) (refugees who cease to have leave to remain), 22A(1)(a)(iii) (persons who cease to have stateless leave), 23(1)(a)(iii) (other persons who cease to have leave to enter or remain), 23A(1)(a)(iii) (persons who cease to have section 67 leave to remain), 23B(1)(a)(iii) (persons who cease to have Calais leave), 23C(1)(a)(iii) (persons who cease to have leave to enter or remain as a protected partner), 23D(1)(a)(iii) (persons who cease to have leave to remain under residence scheme immigration rules), 23F(1)(a)(iii) and 23G(1)(a)(iii) omit “or paragraph 7 of Schedule 5” .

Section 30

In regulation 33 (time limit for making application), in Table 1, in the second row after the heading row, for the text in Column 1 substitute—

Application is for a tuition fee loan or maintenance loan.

Application is for an additional amount of tuition fee loan under regulation 42 or maintenance loan under regulation 60

Section 31

In Schedule 1 (interpretation), paragraph 6(1) (interpretation of other key terms), in the definition of “fees” omit “but this definition does not apply to Oxbridge college fees (see Schedule 5)” .

Section 32

In Schedule 7 (index of defined terms), paragraph 1, in Table 16, omit the following expressions in Column 1 and the corresponding entries in Column 2—

(a) “college fees”;

(b) “designated Oxbridge course”;

(c) “eligible Oxbridge student”;

(d) “Oxbridge college fee loan”;

(e) ““ period of eligibility ” (in relation to a designated Oxbridge course)”;

(f) ““ standard academic year ” (in relation to a designated Oxbridge course)”.

Section 33

In regulation 19 (early termination of eligibility), for paragraph (3) substitute—

(3) But paragraph (2) does not apply if P is undertaking a distance learning course outside the United Kingdom because P or a close relative of P is serving as a member of the armed forces.

Section 34

In regulation 39 (qualifying conditions for tuition fee loan), Exception 4; regulation 44 (qualifying conditions for base grant and maintenance grant), Exception 5; regulation 54 (qualifying conditions for a maintenance loan), Exception 4; regulation 62 (qualifying conditions for disabled student’s grant), Exception 5 and regulation 69 (qualifying conditions for grants for dependants), Exception 8, for the words from “But” to the end of the Exception, substitute—

But this exception does not apply where S is not in Wales on the first day of the first academic year of the course because S, or a close relative of S, is serving as a member of the armed forces outside Wales.

Section 35

Omit regulation 86(4) and (5) (students living in more than one location).

Section 36

In Schedule 1 (interpretation), paragraph 6(1), omit the definition of “coronavirus” .

Section 37

In regulation 57 (increased maintenance loan for full-time students in extended years), after paragraph (7) insert—

(8) But this regulation does not apply to an academic year—

(a) in respect of which the student has been bestowed or paid a healthcare bursary calculated by reference to the student’s income, whether or not the calculation results in a nil amount, or

(b) of a sandwich course where the periods of full-time study are in aggregate less than 10 weeks unless the periods of work experience constitute unpaid service.

(9) For the purposes of paragraph (8), “ unpaid service ” means—

(a) unpaid service in a hospital or in a public health service laboratory or with a primary care trust in the United Kingdom,

(b) unpaid service with a local authority in the United Kingdom acting in the exercise of their functions relating to the care of children and young persons, health or welfare, or with a voluntary organisation providing facilities or carrying out activities of a like nature in the United Kingdom,

(c) unpaid service in the prison or probation and aftercare service in the United Kingdom,

(d) unpaid research in an institution in the United Kingdom or, in the case of an eligible student attending an overseas institution as part of the eligible student’s course, in an overseas institution, or

(e) unpaid service with—

(i) a Special Health Authority established pursuant to section 28 of the National Health Service Act 2006 ,

(ii) a Local Health Board established pursuant to section 11 of the National Health Service (Wales) Act 2006 or a Special Health Authority established pursuant to section 22 of that Act,

(iii) a Health Board or a Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978 ,

(iv) the Regional Agency for Public Health and Social Well-being established under section 12 of the Health and Social Care (Reform) Act (Northern Ireland) 2009 ,

(v) NHS England, the body corporate established under section 1H of the National Health Service Act 2006 or an integrated care board established under Chapter A3 of Part 2 of that Act, or

(vi) the National Institute for Health and Care Excellence established under section 232 of the Health and Social Care Act 2012 .

Section 38

In regulation 77 (grants for dependants: calculating the amount payable), after paragraph (3) insert—

(3A) Where the eligible student is a care leaver within the meaning given by regulation 49, the amount of GfD payable is the aggregated maximums arrived at under Step 3 of paragraph (1).

Section 39

In the opening words of regulation 78 (amount of adult dependants grant and childcare grant: eligible student’s partner is an eligible student), after “paragraph (2)” insert “or (3A)” .

Section 40

In Schedule 2 (categories of eligible student), in paragraph 2ZB (category 2ZB - persons granted leave to enter or remain as a protected partner and their children), in sub-paragraph (3)(b)—

(a) in the words before Case 1, for “under any provisions of the immigration rules specified in either of the following cases” substitute “in any of the following cases” ;

(b) in Case 1, in the opening words, after “31 January 2024,” insert “under” ;

(c) in Case 2, in the opening words, after “31 January 2024,” insert “under” ;

(d) after Case 2 insert—

Case 3

In the case of a person granted leave to enter or remain on or after 5 October 2023 as a bereaved partner, under paragraph AF (GHK) 14.1 of Appendix Gurkha and Hong Kong military unit veteran discharged before 1 July 1997 of the immigration rules.

Case 4

In the case of a person granted leave to enter or remain before 5 October 2023, outside the immigration rules, on the basis that the person was a bereaved partner of a Gurkha discharged before 1 July 1997.

Section 41

In Schedule 2, in paragraph 2ZC (category 2ZC – protected Ukrainian nationals)—

(a) in sub-paragraph (1)(b), for the words from “has” to “period” substitute “is ordinarily resident in the United Kingdom and the Islands and has not ceased to be so resident” ;

(b) in sub-paragraph (2), for paragraph (a), but not the “or” after it, substitute—

(a) under any of the following provisions of Appendix Ukraine Scheme of the immigration rules—

(i) paragraph UKR 9.1 (Ukraine Family Scheme);

(ii) paragraph UKR 19.1 (Homes for Ukraine Sponsorship Scheme);

(iii) paragraph UKR 27.1 (Ukraine Extension Scheme);

(iv) paragraph UKR 36.1 (Ukraine Permission Extension Scheme),

Section 42

In Schedule 2, paragraph 11(1) (interpretation), in the definition of “ overseas territories ”—

(a) omit “Aruba,” ;

(b) for “Netherlands Antilles (Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten)” substitute “the Caribbean part of the Kingdom of the Netherlands (Aruba, Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten)” .

Section 43

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

Section 44

In regulation 2(1) (interpretation), in the definition of “ person granted leave to enter or remain as a protected partner ”—

(a) in the words before sub-paragraph (1), for “under any of the following provisions of the immigration rules” substitute “in any of the following cases” ;

(b) in sub-paragraph (1), in the opening words, after “31 January 2024,” insert “under” ;

(c) in sub-paragraph (2), in the opening words, after “31 January 2024,” insert “under” ;

(d) after sub-paragraph (2) insert—

(3) in the case of a person granted leave to enter or remain on or after 5 October 2023 as a bereaved partner, under paragraph AF (GHK) 14.1 of Appendix Gurkha and Hong Kong military unit veteran discharged before 1 July 1997 of the immigration rules;

(4) in the case of a person granted leave to enter or remain before 5 October 2023, outside the immigration rules, on the basis that the person was a bereaved partner of a Gurkha discharged before 1 July 1997;

Section 45

In regulation 2(1), in the definition of “protected Ukrainian national” , for sub-paragraph (a), but not the “or” after it, substitute—

(a) under any of the following provisions of Appendix Ukraine Scheme of the immigration rules—

(i) paragraph UKR 9.1 (Ukraine Family Scheme);

(ii) paragraph UKR 19.1 (Homes for Ukraine Sponsorship Scheme);

(iii) paragraph UKR 27.1 (Ukraine Extension Scheme);

(iv) paragraph UKR 36.1 (Ukraine Permission Extension Scheme);

Section 46

In Schedule 1 (eligible students), in paragraph 4C (protected Ukrainian nationals), in sub-paragraph (1)(b), for the words from “has” to “period” substitute “is ordinarily resident in the United Kingdom and the Islands and has not ceased to be so resident” .

Section 47

In regulation 3 (eligible students), after paragraph (10F) insert—

(10FA) Where—

(a) the Welsh Ministers have determined that, by virtue of being a person granted leave to enter or remain as a protected partner, or as the child of such a person, a person (“ A ”) was an eligible student in connection with an application for a postgraduate doctoral degree loan for a designated course, and

(b) as at the day before the relevant day, A no longer has extant leave to enter or remain as a protected partner, or as the child of such a person, and no further leave to enter or remain has been granted,

A’s status as an eligible student terminates immediately before the relevant day.

Section 48

In Schedule 1, paragraph 1(1) (interpretation), in the definition of “ overseas territories ”—

(a) omit “Aruba;” ;

(b) for “Netherlands Antilles (Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten)” substitute “the Caribbean part of the Kingdom of the Netherlands (Aruba, Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten)” .

Section 49

The Education (Student Support) (Postgraduate Master’s Degrees) (Wales) Regulations 2019 are amended in accordance with this Part.

Section 50

In regulation 10(1) (eligible students – exceptions), in Exception 10, omit—

“ Case 1 ”, and

“ Case 2

the first day of the first academic year of the course is on or after 1 September 2020; and

P is unable to be in Wales on the first day of the first academic year of the course for a reason related to coronavirus.”