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The Education (Student Support) (Wales) Regulations 2018

Type Welsh-Statutory-Instrument

Publication 2018-02-14

Last updated 2026-02-12

State In force

Jurisdiction Wales

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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Made: 14 February 2018

Laid before the National Assembly for Wales: 16 February 2018

Coming into force: 12 March 2018

The Welsh Ministers, in exercise of powers conferred on the Secretary of State under sections 22 and 42(6) of the Teaching and Higher Education Act 1998 and now exercisable by them , make the following Regulations:

PART 1 — TITLE, COMMENCEMENT AND APPLICATION

Title and commencement

1

(1) The title of these Regulations is the Education (Student Support) (Wales) Regulations 2018.

(2) These Regulations come into force on 12 March 2018.

Application

2

(1) These Regulations apply in relation to Wales.

(2) These Regulations apply to the provision of support to students in relation to a course which begins on or after 1 August 2018 regardless of whether anything done under these Regulations is done before, on or after 1 August 2018.

(3) But these Regulations do not apply to the provision of support to students in relation to such a course if—

(a) the course is one in relation to which the student's status has transferred under regulation 8, 75, 102 or 114 of, or paragraph 11 of Schedule 4 to, the Education (Student Support) (Wales) Regulations 2017 (“the 2017 Regulations”) , or

(b) the course is an end-on course within the meaning of the 2017 Regulations.

(4) For provision about support provided to students in relation to a course—

(a) to which paragraph (3) applies, or

(b) which begins before 1 August 2018,

see the 2017 Regulations as amended by Schedule 6 to these Regulations.

PART 2 — OVERVIEW

3

(1) The remaining Parts of these Regulations are arranged as follows.

(2) Part 3 introduces 2 Schedules—

(a) Schedule 1, which contains provisions about the interpretation of certain key terms, and

(b) Schedule 7, which contains an index of the terms defined in these Regulations.

(3) Part 4 comprises 2 Chapters containing provision about the key concepts which determine eligibility for support under these Regulations—

(a) Chapter 1 makes provision about determining whether a course is designated for the purposes of these Regulations and is therefore a course in respect of which a student may be eligible for support;

(b) Chapter 2 comprises 5 Sections making provision about how a student undertaking a designated course may be eligible for support under these Regulations—

(i) Section 1 sets out the criteria for determining whether a student is eligible for support (see in particular Schedule 2 which sets out the categories of eligible student) and includes provision about the exceptions which may mean that a student is not eligible;

(ii) Section 2 makes provision about the period for which a student may remain eligible for support, including in cases where a student undertakes more than one course;

(iii) Section 3 sets out the rules for the early termination of a student's eligibility, for example as a result of the student's misconduct;

(iv) Section 4 sets out the restrictions on support available under these Regulations in cases where a student has undertaken previous study, such as a previous degree;

(v) Section 5 deals with cases where a student transfers from one designated course to another, including provision about reassessing the amount payable to a student in such circumstances and provision dealing with cases where a student transfers from full-time study to part-time and vice versa.

(4) Part 5 makes administrative provision about—

(a) applications for support under these Regulations;

(b) requirements imposed on applicants and eligible students to provide information;

(5) Part 6 make provision about tuition fee loans including provision about—

(a) the qualifying conditions that a student must meet in order to qualify for a tuition fee loan, and

(b) the amounts of loan available to various categories of eligible student.

(6) Part 7 comprises 4 Chapters containing provision about the main grant support available to eligible students in respect of living and study costs, in particular—

(a) Chapter 1 sets out the qualifying conditions that must be met for a student to qualify for a grant under Chapters 2 or 3;

(b) Chapter 2 makes provision about base grant, specifying the amount of base grant available;

(i) the amount of grant available;

(ii) how the amount of grant available is reduced in relation to the household income of the student (see Schedule 3 for provision about how to calculate household income);

(iii) cases where a student's household income is not relevant and the maximum amount of grant is available;

(d) Chapter 4 contains provisions determining when an amount of grants payable under this Part may be classified as special support as a result of the student satisfying certain conditions in connection with entitlement to benefits or credits, including provision specifying the amount to be so classified.

(7) Part 8 makes provision about maintenance loans including provision about—

(a) the maximum amount of loan available;

(b) how the maximum amount of loan available is to be reduced in relation to the amount of maintenance grant payable to an eligible student.

(8) Part 9 makes provision about disabled student's grant which is a grant available to certain eligible students with a disability undertaking a designated course in respect of certain additional costs set out in the Part which are incurred by reason of the student's disability.

(9) Part 10 makes provision about grants for travel costs incurred by certain eligible students.

(10) Part 11 comprises 5 Chapters about additional grants available to eligible students with dependants (“grants for dependants” or “GfDs”), in particular—

(a) Chapter 1 sets out what the 3 GfDs are and includes provision about the qualifying conditions and defined terms common to each of the GfDs;

(b) Chapter 2 makes provision about adult dependants grant including provision about the qualifying criteria and the maximum amount of grant available;

(d) Chapter 4 makes provision about childcare grant including provision about the qualifying conditions, the types of childcare for which support is available and how to calculate the maximum amount of childcare grant available;

(e) Chapter 5 sets out how to calculate the amount of GfDs payable to a student, including reducing the amount payable by reference to income (see Schedule 3 for provision about calculating income for the purposes of these provisions).

(11) Part 12 makes provision about cases where a student may become eligible for support under these Regulations after the academic year has begun.

(12) Part 13 comprises 4 Chapters about payments, overpayments and the recovery of overpayments, in particular—

(a) Chapter 1 makes provision permitting payments to be made on the basis of provisional decisions;

(b) Chapter 2 makes provision about the payment of tuition fee loans, including provision about when the loan may be paid and the requirements to be met before payments are made;

(d) Chapter 4 makes provision about overpayments, including provision specifying what constitutes an overpayment and how an overpayment may be recovered.

(13) Part 14 comprises 2 Chapters about restrictions on payments and amounts that may be payable to an eligible student, in particular—

(a) Chapter 1 sets out restrictions on the payment of grants and maintenance loans, including provision about—

(i) requiring bank account details prior to payments being made;

(ii) calculating the reduction in an amount payable as a result of a period of absence;

(iii) calculating the reduction in an amount payable as a result of eligibility ending or being terminated;

(b) Chapter 2 sets out restrictions on the payment of loans, including provision—

(i) restricting payment of a loan if the student fails to provide a National Insurance number;

(ii) withholding payment of a loan if the student fails to provide certain requested information.

(14) Part 15 introduces Schedule 4 which makes provision about disabled postgraduate student's grant, which is a grant available to certain postgraduate students undertaking a designated postgraduate course in respect of living costs which are incurred by reason of the student's disability.

(15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(16) Part 17 introduces Schedule 6 which contains amendments to the 2017 Regulations.

PART 3 — INTERPRETATION AND INDEX

Interpretation and index

4

(1) Schedule 1 makes provision about the interpretation of certain key terms for the purposes of these Regulations.

(2) Schedule 7, which is the final Schedule to these Regulations, contains the index of defined terms.

PART 4 — KEY CONCEPTS

CHAPTER 1 — DESIGNATED COURSES

Designated courses

5

In these Regulations (and for the purposes of section 22 of the Teaching and Higher Education Act 1998 (“the 1998 Act”)), a course is a designated course if it satisfies—

(a) each of the conditions in regulation 6(1) and does not fall within any of the exceptions in regulation 7(1), or

(b) the requirements set out in Schedule 1A.

Designated courses – conditions

6

(1) The conditions are—

Condition 1The course is one of the following—aa first degree course;ba course for the Diploma of Higher Education;ca course for the Higher National Diploma or Higher National Certificate of—ithe Business and Technology Education Council, ...iithe Scottish Qualification Authority , or iii Qualifications Scotland; da course for the certificate of Higher Education;ea course for the initial training of teachers;fa course for the further training of youth and community workers;ga course in preparation for a professional examination of a standard higher than that of—ian examination at advanced level for the General Certificate of Education or at higher level for the Scottish Certificate of Education, oriian examination for the National Certificate or the National Diploma of either of the bodies mentioned in paragraph (c),so long as a first degree (or equivalent qualification) is not normally required for entry to the course;ha course—iproviding education (whether or not in preparation for an examination) the standard of which is higher than that of a course mentioned in paragraph (g) but not higher than that of a first degree course, andiifor entry to which a first degree (or equivalent qualification) is not normally required.

Condition 2The course is either—aa full-time course,ba sandwich course, orca part-time course.

Condition 3The duration of the course is at least one academic year.

Condition 4a Where the course is a full-time course that begins before 1 August 2019, it is provided— iby a Welsh regulated institution, a protected English provider, a Scottish funded institution or a Northern Irish funded institution (whether alone or in conjunction with an institution outside the United Kingdom),iiby a charity within the meaning given by section 1 of the Charities Act 2011 on behalf of a Welsh regulated institution, oriiion behalf of a protected English provider by an institution that was before 1 August 2019 a publicly funded institution.bWhere the course is a part-time course that begins before 1 August 2019, it is provided by an institution that before 1 August 2019 was a publicly funded institution (whether alone or in conjunction with an institution situated outside the United Kingdom).cWhere the course is a full-time course that begins on or after 1 August 2019 it is provided by—ia Welsh regulated institution, an English regulated institution, a Scottish funded institution or a Northern Irish funded institution (whether alone or in conjunction with an institution situated outside the United Kingdom),iia charity within the meaning given by section 1 of the Charities Act 2011 on behalf of a Welsh regulated institution, oriiia registered English institution on behalf of an English plan provider.dWhere the course is a part-time course that begins on or after 1 August 2019 it is provided by—ia Welsh funded institution, a Scottish funded institution, a Northern Irish funded institution or an English regulated institution (whether alone or in conjunction with an institution situated outside the United Kingdom), oriia registered English institution on behalf of an English plan provider.

Condition 5At least half of the teaching and supervision which comprise the course is provided in the United Kingdom.

Condition 6The course leads to an award granted or to be granted by a body falling within section 214(2)(a) or (b) of the Education Reform Act 1988 unless the course falls within paragraph (c) or (e) of Condition 1.2For the purposes of Condition 4—aa course is provided by an institution if it provides the teaching and supervision which comprise the course, whether or not the institution has entered into an agreement with the student to provide the course;ba university and any constituent college, or constituent institution in the nature of a college, of a university is regarded as a recognised educational institution if either the university or the constituent college or institution is a recognised educational institution;can institution is not regarded as a Welsh funded institution or a publicly funded institution by reason only that—iwhere the course begins before 1 August 2019, it was a connected institution which received a relevant payment before that date, oriiwhere the course begins on or after 1 August 2019, it is a connected institution which receives a relevant payment.2AFor the purpose of paragraph (2)—a“a connected institution” means a connected institution within the meaning of section 65(3B) of the Further and Higher Education Act 1992, andb“a relevant payment” means the payment of the whole or part of any grant, loan or other payment from the governing body of an institution which is provided to the connected institution in accordance with section 65(3A) of the Further and Higher Education Act 1992.3In this regulation, if paragraph (4) applies to a course, it is considered to be a single course for a first degree (or equivalent qualification) even if the course leads to another degree or qualification being conferred before the degree (or equivalent qualification) (regardless of whether part of the course is optional).4This paragraph applies to a course—athe standard of which is not higher than a first degree, andbwhich leads to a qualification as a medical doctor, dentist, veterinary surgeon, architect, landscape architect, landscape designer, landscape manager, town planner or town and country planner.

Designated courses – exceptions

7

(1) The exceptions are—

Exception 1A course taken as part of an employment-based teacher training scheme.

Exception 2A course falling within paragraph (g) or (h) of Condition 1 of regulation 6(1) if the governing body of a maintained school has arranged for the provision of the course to a pupil of the school.2For the purposes of Exception 1, “employment-based teacher training scheme” means—aa scheme established by the Welsh Ministers under Regulation 8 of the Education (School Teachers' Qualifications) (Wales) Regulations 2004 or under Regulation 8 of the School Teachers' Qualifications (Wales) Regulations 2012 whereby a person may undertake initial teacher training in order to obtain qualified teacher status while being employed to teach at a maintained school, independent school or other institution except a pupil referral unit;ba scheme established by the Secretary of State whereby a person may undertake initial teacher training in order to obtain qualified teacher status while being employed to teach at a school, city college, Academy, independent school or other institution except a pupil referral unit.3For the purposes of Exception 2, “maintained school” means—aa community, foundation or voluntary school,ba community or foundation special school, orca maintained nursery school.

Designation of other courses

8

(1) The Welsh Ministers may specify that a course is to be treated as a designated course despite the fact that, but for the specification, it would not otherwise be a designated course .

(2) The Welsh Ministers may suspend or revoke the specification of a course made under paragraph (1).

CHAPTER 2 — ELIGIBILITY

SECTION 1 — Eligible students

Eligible students

9

(1) A person is an eligible student in connection with a designated course that the person is undertaking if—

(a) the person falls within one of the categories set out—

(i) in paragraph 1, 2, 2ZA, 2ZB, 2ZC, 3, 4A, 5A, 6A, 6B, 6BA, 6BB, 6C, 6D, 7A or 8A of Schedule 2, or

(ii) in paragraph 4, 5, 6, 7 or 8 of Schedule 2 where paragraph (1A) applies,

and none of the exceptions in regulation 10 apply to the person, or

(b) the person’s circumstances fall within one of the cases set out in regulation 11.

(1A) This paragraph applies where—

(a) in connection with a designated course beginning before 1 August 2021 the Welsh Ministers—

(i) in assessing an application for support by a person (“A”) determined that A fell within one of the categories set out in paragraph 4, 5, 6, 7 or 8 of Schedule 2 in relation to an academic year of the course beginning before 1 August 2021, or

(ii) would have so determined had A made an application for support in accordance with these Regulations in relation to an academic year of the course beginning before that date, and

(b) A applies for support in connection with—

(i) that course,

(ii) an end-on course following on from that course, or

(iii) a designated course to which A’s status as an eligible student is transferred in accordance with these Regulations.

(2) A person may, at any given time, be an eligible student only in connection with one designated course.

Eligible students - exceptions

10

(1) A person (“P”) is not an eligible student if any of the following exceptions applies—

Exception 1Where the designated course is a full-time course, an award within the meaning of the Education (Mandatory Awards) Regulations 2003 has been bestowed on P in respect of the course.

Exception 2Where the designated course is a full-time course, P is eligible for a loan in relation to an academic year of the designated course under the Education (Student Loans) (Northern Ireland) Order 1990 .

Exception 3In respect of P undertaking the designated course, P has been bestowed or paid—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); b where the course is a part-time course, a healthcare bursary (whether or not calculated by reference to P’s income).

Exception 4P is in breach of an obligation to repay a student loan.

Exception 5P has reached the age of 18 and has not ratified an agreement for a student loan made with P when P was under 18.

Exception 6The Welsh Ministers think that P's conduct is such that P is not fit to receive support.

Exception 7P is a prisoner.But P may be an eligible student despite being a prisoner if—aP's application for support is in respect of the academic year during which P enters or is released from prison,bP's present course is a full-time end-on course, orcP has been authorised by the prison Governor or Director or other appropriate authority to study the present course and P's earliest release date is within 6 years of the first day of the first academic year of the course.

Exception 8The designated course begins on or after 1 January 2028 and the only paragraph or paragraphs in Schedule 2 into which P falls is one or more of paragraphs 5A, 6B , 6BA, or 6D.

(2) In Exception 3, “bursary grant for living costs” is a grant for living costs made available under the NHS Wales Bursary Scheme.

(3) In Exceptions 4 and 5, “student loan” means a loan made under—

(a) the Education (Student Loans) Act 1990 ;

(b) the Education (Scotland) Act 1980;

(d) the Education (Student Support) (Northern Ireland) Order 1998 ;

(e) regulations made under any of those Acts or Orders;

(f) these Regulations or any other regulations made under the 1998 Act.

(4) In these Regulations—

“healthcare bursary” (“bwrsari iechyd”) means a bursary or award of similar description under—section 63(6) of the Health Services and Public Health Act 1968 , but not a payment made out of the Learning Support Fund;Article 44 of the Health and Personal Social Services (Northern Ireland) Order 1972 ;

“Learning Support Fund” (“Cronfa Cymorth Dysgu”) means the fund made available by NHS England to certain students in respect of qualifying healthcare courses;

Eligible students continuing on a course

11

(1) Paragraph (2) applies to a person (“P”) if—

(a) P's circumstances fall within one of the cases in paragraph (3), and

(b) Exception 3 in Regulation 10 does not apply in respect of the year for which P is applying for support.

(2) Where this paragraph applies, P is an eligible student and accordingly—

(a) P need not fall within any of the categories of student set out in Schedule 2, and

(b) none of the exceptions set out in Regulation 10 (other than Exception 3) prevent P from being an eligible student.

(3) The cases are—

Case 1aP was an eligible student in connection with an earlier academic year of P's present course, andbP was ordinarily resident in Wales on the first day of the first academic year of that course.

Case 2aP's present course is an end-on course,bP was an eligible student in connection with the course (the “earlier course”) in relation to which P's present course is an end-on course,cP's period of eligibility for the earlier course ended only because P had completed that earlier course, anddP was ordinarily resident in Wales on the first day of the first academic year of the earlier course.

Case 3aP was an eligible student in connection with a designated course (the “earlier course”) other than the present course,bP's status as an eligible student in connection with the earlier course has been transferred to the present course (see Section 5), andcP was ordinarily resident in Wales on the first day of the first academic year of the earlier course.

SECTION 2 — Period of eligibility

Period of eligibility – general rule

12

(1) A student's status as an eligible student in connection with a designated course is retained until the end of the student's period of eligibility unless terminated in accordance with regulation 19, 20, 22, 22A, 23, 23A, 23B, 23C, 23D, 23E, 23F or 23G.

(2) A student's period of eligibility ends at the end of the academic year in which the student completes the designated course.

(3) But if—

(a) the designated course is a full-time or sandwich course, and

(b) regulation 14, 15 or 16 applies to the student,

the student's period of eligibility for the course is restricted to the maximum period of eligibility specified in the applicable regulation for the category of support specified in that regulation.

(4) Where a student's eligibility for support is restricted under regulation 14, 15 or 16 so that the number of academic years in respect of which the category of support specified in the regulation in question is available is less than the ordinary duration of the present course, the category of support so specified is available in respect of the latest academic years of the course.

Part-time courses – no eligibility for years of low intensity study

13

Where an eligible student is undertaking a part-time course, the student is not eligible for support under these Regulations in respect of an academic year where the intensity of study for that year is less than 25% (see paragraph 5 of Schedule 1 for how to calculate the intensity of study for an academic year).

Maximum period of eligibility – tuition fee loans and grants for new students

14

(1) This regulation applies to an eligible student who—

(a) is undertaking a full-time or sandwich course, and

(b) has not undertaken a previous course.

(2) Where this regulation applies, the maximum period of eligibility for a tuition fee loan, a base grant, a maintenance grant or a grant for travel ... is the period calculated as follows—

Ordinary duration of the present course.

Plus

Number of academic years repeated by the eligible student for compelling personal reasons.

Plus

One year.

Maximum period of eligibility – tuition fee loans and specified grants for students who undertook a previous course

15

(1) This regulation applies to an eligible student who—

(a) is undertaking a full-time or sandwich course, and

(b) has undertaken a previous course.

(2) Where this regulation applies, the maximum period of eligibility for a tuition fee loan, a base grant, a maintenance grant or a grant for travel is the period calculated as follows—

Ordinary duration of the present course.

Plus

Number of academic years repeated by the eligible student for compelling personal reasons.

Plus

One year.

Less

Number of academic years undertaken by the eligible student on the previous course or courses (if the student has undertaken more than one previous course).

But no deduction is to be made if the student is a teacher training student or is undertaking an accelerated graduate entry course.

(3) If the eligible student did not successfully complete the latest previous course for compelling personal reasons—

(a) one additional year is to be added to the calculation made under paragraph (2), and

(b) a further additional year may be added if the Welsh Ministers think it appropriate to do so having regard to those reasons.

(4) If the Welsh Ministers determine that regulation 18 applies to a student, they may add one or more additional years to the calculation made under paragraph (2) as they think appropriate.

(5) Where this regulation and regulation 16 apply to an eligible student, the student's maximum period of eligibility for a—

(a) tuition fee loan,

(b) base grant,

(d) grant for travel.

is to be calculated in accordance with regulation 16.

(6) In paragraph (2), “teacher training student” means a student who is not a qualified teacher undertaking a full-time course for the initial training of teachers the duration of which is no more than 2 years.

Maximum period of eligibility – tuition fee loans and grants for certain continuing students

16

(1) This regulation applies to—

(a) an eligible student whose present course is a full-time end-on course (the course in relation to which the present course is an end-on course being referred to in paragraph (2) as the “preliminary course”);

(b) an eligible student—

(i) who has completed a relevant course (the “preliminary course”),

(ii) whose present course is a full-time first degree course (other than a first degree course for the initial training of teachers) that the student did not begin immediately after the preliminary course, and

(iii) who has not undertaken a full-time first degree course after the preliminary course and before the present course;

(i) who has completed a full-time foundation degree course or ordinary degree course (the “preliminary course”),

(ii) whose present course is a full-time honours degree course that the student did not begin immediately after the preliminary course, and

(iii) who has not undertaken a full-time first degree course after the preliminary course and before the present course.

(2) Where this regulation applies, the maximum period of eligibility for a tuition fee loan, a base grant, a maintenance grant or, a grant for travel ... is the period calculated as follows—

The greater of three years or the ordinary duration of the present course.

Plus

The greater of one year or the ordinary duration minus one year of the preliminary course (or preliminary courses in total if the student completed more than one course which is to be treated as a preliminary course).

Less

Number of academic years undertaken by the eligible student on the preliminary course (or preliminary courses) excluding years repeated by the eligible student for compelling personal reasons.

(3) If the Welsh Ministers determine that regulation 18 applies to a student, they may add one or more additional years to the calculation made under paragraph (2) as they think appropriate.

(4) In paragraph (1)(b)(i), “relevant course” means a full-time course for the—

(a) Diploma of Higher Education,

(b) Certificate of Higher Education, or

(c) Higher National Diploma or Higher National Certificate of ... the Business and Technology Education Council , the Scottish Qualification Authority or Qualifications Scotland.

Maximum period of eligibility – interpretation

17

(1) For the purposes of regulations 12 and 14 to 16, the “ordinary duration” of a course is the number of academic years ordinarily required to complete it.

(2) For the purposes of calculating—

(a) a student's maximum period of eligibility under regulation 14(2), 15(2) or 16(2), or

(b) whether a student's period of eligibility has ended,

any part-year undertaken by the student is to be counted as a whole academic year.

(3) In regulations 14 and 15, “previous course” means a course which—

(a) is—

(i) a full time higher education course, or

(ii) a part-time course for the initial training of teachers,

that the student began to undertake before the present course,

(b) meets one of the conditions set out in paragraph (4), and

(4) The conditions are—

Condition 1The course is provided by an institution in the United Kingdom which was a recognised educational institution for some or all of the academic years during which the student undertook the course.

Condition 2The course is one in relation to which—aa scholarship, exhibition, bursary, grant, allowance or award of any description was paid in respect of the student undertaking the course to defray fees, andbthe payment was provided by a publicly funded institution.5A course which falls within paragraph (3)(a) and (b) is nevertheless not a previous course if—athe present course is a full-time course for the initial training of teachers of no more than two years duration, andbthe student is not a qualified teacher.6A course for the Certificate in Education which falls within paragraph (3)(a) and (b) is nevertheless not a previous course if—athe present course is a course for the degree (including an honours degree) of Bachelor of Education, andbthe student—itransferred to the present course from the course for the Certificate in Education before the completion of that course, oriibegan the present course on completion of the course for the Certificate in Education.7A course for the degree (other than an honours degree) of Bachelor of Education is not a previous course if—athe present course is a course for the honours degree of Bachelor of Education, andbthe student—itransferred to the present course from the course for the degree (other than an honours degree) of Bachelor of Education before the completion of that course, oriibegan the present course on completion of the course for the degree (other than an honours degree) of Bachelor of Education.

Extension of maximum period where student receives incorrect notification

18

(1) This regulation applies to an eligible student (“P”)—

(a) whose maximum period of eligibility is to be calculated in accordance with regulation 15 or 16,

(b) who has provided all the information required by the Welsh Ministers in relation to—

(i) a previous course undertaken by P, and

(ii) any qualifications held by P, and

(2) But this regulation does not apply if the notification is incorrect because the information provided by P was materially inaccurate.

SECTION 3 — Termination of eligibility

Early termination of eligibility

19

(1) An eligible student's (“P's”) period of eligibility terminates at the end of the day on which—

(a) P withdraws from P's designated course and the Welsh Ministers do not transfer P's status as an eligible student under regulation 28, or

(b) P abandons or is expelled from P's designated course.

(2) Where—

(a) an eligible student's (“P's”) designated course is a distance learning course, and

(b) P undertakes the course outside the United Kingdom,

P's period of eligibility terminates at the beginning of the first day on which P undertakes the course outside the United Kingdom.

(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.

Misconduct and failure to provide accurate information

20

(1) The Welsh Ministers may terminate an eligible student's period of eligibility if they are satisfied that the student's conduct is such that the student is no longer fit to receive support.

(2) Paragraph (3) applies if the Welsh Ministers are satisfied that an eligible student—

(a) has failed to comply with a requirement to provide information or documentation under these Regulations, or

(b) has provided information or documentation which was materially inaccurate.

(3) Where this paragraph applies, the Welsh Ministers may—

(a) terminate the student's period of eligibility;

(b) determine that the student does not qualify for a particular category of support or amount of such support.

Reinstatement of eligibility after termination

21

(1) Where a student's period of eligibility terminates under regulation 19 or 20 during the academic year in which the student completes the present course, the Welsh Ministers may reinstate the student's period of eligibility for such period as they think appropriate.

(2) But a reinstated period of eligibility may not extend beyond the end of the maximum period of eligibility calculated in accordance with Section 2 of this Chapter.

Refugees who cease to have leave to remain

22

(1) This regulation applies where—

(a) a person (“P”) was a Category 2 eligible student (see Schedule 2) 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 ..., 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 refugee status of—

(i) P, or

(ii) the person whose status as a refugee meant that P was a Category 2 eligible student,

has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002) .

(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.

(3) In this regulation, “refugee” has the meaning given by paragraph 11 of Schedule 2.

Other persons who cease to have leave to enter or remain

23

(1) This regulation applies where—

(a) a person (“P”) was a Category 3 eligible student or an eligible student on grounds of humanitarian protection under paragraph 339C of the immigration rules (see Schedule 2) 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 ..., 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—

(i) P, or

(ii) the person who, as a result of having leave to enter or remain, caused P to be a category 3 eligible student or an eligible student on grounds of humanitarian protection under paragraph 339C of the immigration rules,

is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002).

(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 4 — Previous study

Full-time students – restrictions on support for honours graduates

24

(1) If an eligible student undertaking a full-time course has attained an honours degree from an institution in the United Kingdom (an “honours graduate”) the student does not qualify for a tuition fee loan, base grant, maintenance grant or maintenance loan under these Regulations unless the student—

(a) falls within one of the Cases set out in paragraph (2), and

(b) in each Case, satisfies the particular qualifying conditions relating to the support in question.

(2) The Cases are—

Case 1An honours graduate may qualify for support under these Regulations if the present course is—aa course for the initial training of teachers of no more than two years duration, and the graduate is not a qualified teacher, orban accelerated graduate entry course.

Case 2An honours graduate may qualify for a maintenance loan if any of the following applies—athe present course leads to a qualification as a social worker, medical doctor, dentist, veterinary surgeon or architect;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; cthe present course is a course for the initial training of teachers.

Case 3Despite paragraph (1), if—athe present course is considered to be a single course by virtue of regulation 6(3) and (4), andbthe course leads to an honours degree from an institution in the United Kingdom being conferred on the eligible student before the final degree or equivalent qualification,the conferring of that honours degree does not prevent the student from qualifying for support under these Regulations in respect of any part of that single course.

Case 4Regulation 26 applies.

Part-time students – restrictions on support for graduates

25

(1) If an eligible student undertaking a part-time course has attained a first degree from an institution in the United Kingdom (a “graduate”) the student does not qualify for support under these Regulations other than a disabled student's grant unless the student falls within one of the Cases set out in paragraph (2).

(2) The Cases are—

Case 1The first degree—awas not an honours degree, andbwas awarded to the graduate on completion of the modules, examinations or other forms of assessment required for that first degree,and the graduate is undertaking the present course so as to obtain an honours degree on completion of the required modules, examinations or other forms of assessment (whether or not the graduate continues the course at the same institution from which the first degree was awarded).

Case 2The present course is a course for the initial training of teachers of no more than four years duration and the graduate is not a qualified teacher.

Case 3The present course leads to an honours degree and is—aconcerned with the study of the history, grammar and use of Welsh,ba course whose code and label under the Higher Education Classification of Subjects are listed in Schedule 5A, orclisted in the Higher Education Classification of Subjects in one of the Common Aggregation Hierarchy groups in Column 1 of Table A1 except for those subjects whose code and label under the Higher Education Classification of Subjects are specified in the corresponding entry in Column 2.Table A1Column 1Column 2Common Aggregation Hierarchy groupsCode and label of Excluded subjectsSubjects allied to medicine (CAH02)Biological and sport sciences (CAH03)Psychology (CAH04)Veterinary sciences (CAH05)Agriculture, food and related studies (CAH06)Physical sciences (CAH07)(100392) Applied science(100390) General science(100391) Natural sciencesMathematical sciences (CAH09)Engineering and technology (CAH10)Computing (CAH11)

Case 4Regulation 26 applies.3In Case 3, the “Common Aggregation Hierarchy” means version 1.3.3 of the Common Aggregation Hierarchy approved by the Higher Education Statistics Agency Data Landscape Steering Group and “the Higher Education Classification of Subjects” means the Higher Education Classification of Subjects maintained by the Universities and Colleges Admissions Service and the Higher Education Statistics Agency.

Restrictions lifted where incorrect notification received

26

(1) This regulation applies where—

(a) an honours graduate within the meaning of regulation 24 or a graduate within the meaning of regulation 25 (“G”) has provided all the information required by the Welsh Ministers in relation to an honours degree or, as the case may be, a first degree, previously attained, and

(b) G receives notification from the Welsh Ministers incorrectly stating that G qualifies for support under these Regulations.

(2) Where this regulation applies, G may qualify for the support specified in the notification for such period as the Welsh Ministers think appropriate.

(3) But this regulation does not apply if the notification is incorrect because the information provided by G was materially inaccurate.

Further restriction on support for part-time students

27

(1) An eligible student undertaking a part-time course does not qualify for support under these Regulations other than a disabled student's grant if the student—

(a) has undertaken one or more part-time courses for an aggregate of at least—

(i) 8 academic years (where that course or the earliest of those courses began before 1 September 2014), or

(ii) 16 academic years (where that course or the earliest of those courses began on or after 1 September 2014), and

(b) has received relevant support in respect of at least 8 or, as the case may be, 16 of those academic years of the part-time course or courses.

(2) In paragraph (1)(b), “relevant support” means—

(a) a loan, a grant in respect of fees or a grant for books, travel and other expenditure made in respect of an academic year—

(i) under these Regulations or any other regulations made under section 22 of the 1998 Act, or

(ii) under regulations made under Articles 3 and 8(4) of the Education (Student Support) (Northern Ireland) Order 1998 ;

(b) a loan made in respect of an academic year under regulations made under sections 73(f), 73B and 74(1) of the Education (Scotland) Act 1980 .

SECTION 5 — Transfers and conversions

Transfer of status

28

(1) Where an eligible student transfers from a designated course (in this Section, the “old course”) to another designated course (in this Section, the “new course”), the Welsh Ministers must transfer the student's status as an eligible student to the new course if—

(a) they receive a request from the student to do so,

(b) they are satisfied that one of the grounds of transfer applies (see paragraph (2)), and

(2) The grounds of transfer are—

First groundThe eligible student ceases the old course and undertakes the new course at the same institution.Including—awhere the old course is not a compressed degree course, undertaking the same course as a compressed degree course, orbwhere the old course is a compressed degree course, undertaking the same course on a non-compressed basis.

Second groundThe eligible student undertakes the new course at another institution.

Third groundAfter commencing a course for the Certificate in Education, the eligible student is, on or before the completion of that course, admitted to a designated course for the degree (including an honours degree) of Bachelor of Education.

Fourth groundAfter commencing a course for the degree (other than an honours degree) of Bachelor of Education, the eligible student is, on or before completion of that course, admitted to a designated course for the honours degree of Bachelor of Education.

Fifth groundAfter commencing a course for a first degree (other than an honours degree) the eligible student is, before the completion of that course, admitted to a designated course for an honours degree in the same subject at the same institution.

Effect of transfer – tuition fee loans

29

Where the Welsh Ministers transfer an eligible student's status under regulation 28 during an academic year, the amount of tuition fee loan payable in respect of that academic year is to be determined by the Welsh Ministers as follows—

Step 1Calculate, in accordance with Part 6, the amounts of tuition fee loan that would have been payable in respect of—athe old course, andbthe new course,for the whole academic year.

Step 2Reduce those amounts by such proportion as the Welsh Ministers think appropriate having regard to—athe day on which the transfer occurs, andbthe need to ensure that no amount is payable in respect of both courses for the same period.

Effect of transfer – grants and maintenance loans

30

(1) This regulation applies where the Welsh Ministers transfer an eligible student's status under regulation 28 during an academic year.

(2) If regulation 31 applies to the transfer, the total amount of any grants and maintenance loan payable to the eligible student for the academic year must be reassessed in accordance with that regulation.

(3) If regulation 31 does not apply to the transfer—

(a) the Welsh Ministers may re-assess the amount of any grants and maintenance loan payable to the eligible student for the academic year, but

(b) if no re-assessment is made, the total amount of any grants and maintenance loan payable to the eligible student is the amount which the Welsh Ministers assessed as the amount payable to the student for the academic year in respect of the old course.

(4) Paragraph (5) applies where the transfer occurs after the Welsh Ministers have assessed the amount of any grants or maintenance loan payable to the eligible student for the academic year in respect of the old course but before the student completes that year.

(5) Where this paragraph applies, the eligible student may not apply in respect of the academic year of the new course for another grant or loan of a kind for which the student has already applied in respect of the academic year of the old course (unless specifically permitted to do so by these Regulations).

(6) Where, immediately before the transfer, the eligible student—

(a) was eligible to apply for a maintenance loan for the academic year of the old course, and

(b) had not applied for the maximum amount for which the student was entitled,

paragraph (5) does not prevent the student from applying for an additional amount of loan (whether or not a reassessment is made under this regulation or regulation 31).

(7) Where an eligible student has applied for a disabled student's grant for the academic year in which the transfer occurs, paragraph (5) does not prevent the student from making a further such application—

(a) for a purpose for which the student has not already applied, or

(b) for an additional amount in respect of a purpose for the which the student has already applied.

Transfers involving conversions between part-time and full-time study

31

(1) This regulation applies where, in relation to a transfer under regulation 28—

(a) the old course is a full-time course and the new course is a part-time course, or

(b) the old course is a part-time course and the new course is a full-time course.

(2) Where this regulation applies, the total amount of any grants and maintenance loan payable to the eligible student for the academic year is to be reassessed by the Welsh Ministers as follows—

Step 1Calculate, in accordance with Parts 7 to 11, the amounts of any grants and maintenance loan that would have been payable in respect of—athe old course, andbthe new course,for the whole academic year.

Step 2Reduce those amounts by multiplying them by the appropriate fraction.The total of the two amounts arrived at under Step 2 is the total amount of grants and maintenance loan payable to the student for the academic year during which the transfer occurs.3In Step 2 of paragraph (2), the appropriate fraction in relation to the old course is the fraction where—athe numerator is the number of days in the academic year up to and including the day on which the transfer occurs, andbthe denominator is the total number of days in the academic year.4In Step 2 of paragraph (2), the appropriate fraction in relation to the new course is the fraction where—athe numerator is the number of days remaining in the academic year after the day on which the transfer occurs, andbthe denominator is the total number of days in the academic year.5For the avoidance of doubt, where the start date of the academic year of the new course is later than the start date of the academic year of the old course, references in paragraph (4) to the academic year are to the academic year of the new course.

PART 5 — APPLICATIONS, PROVIDING INFORMATION AND LOAN CONTRACTS

Requirement to apply for support

32

(1) A person does not qualify for support as an eligible student in relation to an academic year unless the person makes an application for that support in relation to the academic year.

(2) An application under paragraph (1) must—

(a) be in such form and contain such information as the Welsh Ministers may specify,

(b) be accompanied by such documentation as the Welsh Ministers may require, and

Time limit for making application

33

(1) The general rule is that an application under regulation 32(1) must reach the Welsh Ministers no later than the end of the ninth month of the academic year to which it relates.

(2) But if any of the circumstances set out in Column 1 of Table 1 apply, an application must reach the Welsh Ministers within the time limit specified in the corresponding entry in Column 2.

Column 1Circumstances relating to application for support	Column 2Time limit for making application
Applicant qualifies for support after the first day of the academic year following an event listed in regulation 80(2) or 81(3) or paragraph 4(2) of Schedule 5.	No later than the end of the period of nine months beginning with the day on which the event occurs.
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	No later than one month before the end of the academic year to which the application relates.
Application is for an additional amount of tuition fee loan under regulation 42, maintenance loan under regulation 60 or Oxbridge college fee loan under paragraph 6(2) of Schedule 5.	No later than one month before the end of the academic year to which the application relates.
Application is for a disabled student's grant.	Application must reach the Welsh Ministers as soon as is reasonably practicable.
The Welsh Ministers think that, having regard to the circumstances of a particular case, it is appropriate to extend the time limit for making an application.	No later than the date specified in writing by the Welsh Ministers in the particular case.

Welsh Ministers' decision on an application

34

(1) The Welsh Ministers may take any steps and make any inquiries as they think necessary to make a decision on an application under regulation 32.

(2) Those steps may include requiring the applicant to provide further information or documentation.

(3) The Welsh Ministers may make a provisional decision on an application under regulation 32 (see regulation 82 for provision about payments made on the basis of a provisional decision).

(4) A decision on an application made by the Welsh Ministers after a provisional decision has been made may—

(a) confirm the provisional decision, or

(b) substitute it with a different decision.

(5) The Welsh Ministers must notify the applicant of a decision (including a provisional decision) on an application under regulation 32.

(6) The notification must state—

(a) whether the Welsh Ministers consider the applicant to be an eligible student,

(b) if so, whether the eligible student qualifies for support in relation to the academic year,

(c) if the student does qualify, the category of support for which the student qualifies and the amount payable for the academic year,

(d) if the support includes a disabled student's grant, a breakdown of that grant specifying the amount payable in respect of each type of expenditure mentioned in regulation 63(2), and

(e) in the case of a provisional decision, the fact that the decision is provisional and the consequences of that fact.

Requirements on eligible students to provide information

35

(1) An eligible student must, as soon as reasonably practicable after being requested to do so, provide the Welsh Ministers with such information or documentation as the Welsh Ministers may require—

(a) for the purposes of determining—

(i) the eligibility of a student;

(ii) whether a student qualifies for a particular category of support;

(iii) the amount of support payable to a student;

(iv) whether an overpayment has been made to a student;

(b) for any purpose relating to the recovery of an overpayment;

(d) for any other purpose related to these Regulations that the Welsh Ministers think appropriate.

(2) A request under paragraph (1) may include requesting sight of an eligible student's—

(a) valid passport issued by the state of which that student is a national,

(b) valid national identity card, or

(3) Where an event mentioned in paragraph (4) occurs in respect of an eligible student, the student must inform the Welsh Ministers as soon as is reasonably practicable after the event occurs.

(4) The events are—

(a) the student withdraws from, abandons or is expelled from the present course;

(b) the student transfers to another course (whether at the same or at a different institution);

(c) the student otherwise ceases to undertake the present course and does not intend to or is not permitted to continue it for the remainder of the academic year;

(d) the student is absent from the present course for—

(i) more than 60 days due to illness, or

(ii) for any period for any other reason;

(e) the month for the start or completion of the present course changes;

(f) the student's home or term-time—

(i) address,

(ii) telephone number, or

(iii) email address,

changes.

(5) Information or documentation that is required to be provided to the Welsh Ministers under these Regulations must be provided in such form as the Welsh Ministers may specify.

(6) The Welsh Ministers may require that—

(a) an application under regulation 32;

(b) any other documentation provided to them under these Regulations,

must be signed in such manner (including electronically) as they may specify.

(7) The reference to an eligible student in paragraph (1) is to be treated as including a person who makes an application under regulation 32 even if the Welsh Ministers' decision on the application is that the person is not an eligible student.

(8) See regulation 20 for provision about the consequences of failing to comply with a requirement imposed by this regulation.

Requirement to enter into a contract for a loan

36

(1) An eligible student may not receive a tuition fee loan or maintenance loan under these Regulations unless the student enters into a contract for the loan with the Welsh Ministers.

(2) The contract—

(a) must be in such form and on such terms, and

(b) may be required to be signed in such manner (including electronically),

as the Welsh Ministers specify.

(3) The contract may require the eligible student to repay a loan by a particular method.

(4) Where the Welsh Ministers have requested the student's agreement as to the method of repayment, they may withhold any payment of a maintenance loan until the student provides what has been requested.

Requirement on academic authority to notify when student leaves course

37

Where a tuition fee loan is payable to an eligible student—

(a) who has ceased to undertake the present course during the academic year, and

(b) whom the academic authority has determined or agreed will not return during that year,

the academic authority must inform the Welsh Ministers as soon as reasonably practicable that the student has ceased to undertake the course.

PART 6 — TUITION FEE LOANS

Tuition fee loan

38

A tuition fee loan is a loan made available by the Welsh Ministers to an eligible student for the payment of tuition fees in respect of an academic year.

Qualifying conditions for tuition fee loan

39

An eligible student qualifies for a tuition fee loan in respect of an academic year of the present course unless one of the following exceptions applies—

Exception 1Where the present course is not an accelerated graduate entry course, the academic year is an Erasmus year of a course provided by an institution in Northern Ireland.

Exception 2 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).

Exception 3Where the present course is a part-time course or an accelerated graduate entry course, the academic year is an Erasmus year of the course provided by an institution anywhere in the United Kingdom.

Exception 4 The present course is a distance learning course and the student (“S”) is not in Wales on the first day of the first academic year of the course. 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.

Amount of tuition fee loan

40

(1) An amount of tuition fee loan in respect of an academic year may not exceed the lower of—

(a) the tuition fees payable by the eligible student in respect of that year, or

(b) the maximum loan amount.

(2) The maximum loan amount is calculated in accordance with Table 2 where—

(a) Column 1 specifies the academic year in relation to which the maximum loan amounts in Column 5 are payable;

(b) Column 2 specifies the category of student to whom the maximum loan amounts in Column 5 apply (see paragraph (3));

(i) “ordinary provider” means a provider falling within Condition 4 of Regulation 6(1) or a provider specified in column 2 of Table 14A in Schedule 1A in so far as they provide the course described in the corresponding entry in column 3;

(ii) “private institution” means an institution, which is not a recognised educational institution, providing a course specified as a designated course by the Welsh Ministers under regulation 8;

(d) Column 4 specifies the location of the institution providing the course;

(e) Column 5 specifies the maximum loan amount applicable in respect of the corresponding entries in Columns 1, 2, 3 and 4.

(3) The categories of students set out in Column 2 are—

Category 1An eligible student undertaking a designated course who does not fall within Category 2, 3, 4 , 5 or 6.

Category 2An eligible student undertaking the final academic year of a full-time course which ordinarily requires attendance of less than 15 weeks in order to be completed.

Category 3An eligible student undertaking an academic year of a sandwich course provided by an institution in the United Kingdom where—athe periods of full-time study undertaken at the institution during that academic year are in aggregate less than 10 weeks, orbthe periods spent undertaking the course during that academic year and any previous academic years (which are not periods of full-time study at the institution), disregarding intervening vacations, are in aggregate more than 30 weeks.

Category 4An eligible student undertaking an academic year of a course provided by an institution in the United Kingdom in conjunction with an institution which is outside the United Kingdom where—athe periods of full-time study undertaken at the institution in the United Kingdom during that academic year are in aggregate less than 10 weeks, orbthe periods spent undertaking the course during that academic year and any previous academic years (which are not periods of full-time study at the institution in the United Kingdom), disregarding intervening vacations, are in aggregate more than 30 weeks....

Category 5An eligible student undertaking an accelerated graduate entry course.

Category 6An eligible student undertaking an Erasmus year of a full-time course provided by an institution in England, Scotland or Wales.

Table 2Column 1Academic yearColumn 2Category of studentColumn 3Course provider typeColumn 4Location of course providerColumn 5Maximum loan amountBeginning on or after 1 September 2018 but before 1 September 2024 1Ordinary providerWales£9,000 for a full-time course£2,625 for a part-time courseElsewhere in UK£9250 for a full-time course£6,935 for a part-time coursePrivate institutionWales£6,165 for a full-time course£2,625 for a part-time courseElsewhere in UK£6,165 for a full-time course£4,625 for a part-time course2Ordinary providerWales£4,500Elsewhere in UK£4,625Private institutionWales and Elsewhere in UK£3,0803Ordinary providerWales£1,800England£1,850Scotland and Northern Ireland£4,625Private institutionWales and England£1,230Scotland and Northern Ireland£3,0804Ordinary providerWales£1,350England ...£1,385 Scotland and Northern Ireland£4,625Private institution Wales and England £920 Scotland and Northern Ireland £3,0805Ordinary providerWales and Elsewhere in UK£5,785 Beginning on or after 1 September 2018 but before 1 September 2024 6Ordinary providerWales£1,350England and Scotland£1,385 Beginning on or after 1 September 2024 but before 1 September 2025 1Ordinary providerWales£9,250 for a full-time course£2,625 for a part-time courseElsewhere in UK£9,250 for a full-time course£6,935 for a part-time coursePrivate institutionWales£6,165 for a full-time course£2,625 for a part-time courseElsewhere in UK£6,165 for a full-time course£4,625 for a part-time course2Ordinary providerWales£4,625Elsewhere in UK£4,625Private institutionWales and elsewhere in UK£3,0803Ordinary providerWales£1,850England£1,850Scotland and Northern Ireland£4,625Private institutionWales and England£1,230Scotland and Northern Ireland£3,0804Ordinary providerWales£1,385England£1,385Scotland and Northern Ireland£4,625Private institutionWales and England£920Scotland and Northern Ireland£3,0805Ordinary providerWales and elsewhere in UK£5,7856Ordinary providerWales£1,385England and Scotland£1,385 Beginning on or after 1 September 2025 but before 1 September 2026 1 Ordinary provider Wales £9,535 for a full-time course£2,625 for a part-time courseElsewhere in UK £9,535 for a full-time course£7,145 for a part-time coursePrivate institutionWales£6,355 for a full-time course£2,625 for a part-time courseElsewhere in UK£6,355 for a full-time course£4,765 for a part-time course2Ordinary providerWales and elsewhere in UK£4,765Private institutionWales and elsewhere in UK£3,1753Ordinary providerWales and England£1,905Scotland and Northern Ireland£4,765Private institutionWales and England£1,270Scotland and Northern Ireland£3,1754Ordinary providerWales and England£1,430Scotland and Northern Ireland£4,765Private institutionWales and England£950Scotland and Northern Ireland£3,1755Ordinary providerWales and elsewhere in UK£6,0706Ordinary providerWales, England and Scotland£1,430 Beginning on or after 1 September 2026 1Ordinary providerWales£9,790 for a full-time course£2,875 for a part-time courseElsewhere in UK£9,790 for a full-time course£7,335 for a part-time coursePrivate institutionWales£6,525 for a full-time course£2,875 for a part-time courseElsewhere in UK£6,525 for a full-time course£4,895 for a part-time course2Ordinary provideWales and elsewhere in UK£4,895Private institutionWales and elsewhere in UK£3,2603Ordinary providerWales and England£1,955Scotland and Northern Ireland£4,895Private institutionWales and England£1,305Scotland and Northern Ireland£3,2604Ordinary providerWales and England£1,465Scotland and Northern Ireland£4,895Private institutionWales and England£975Scotland and Northern Ireland£3,2605Ordinary providerWales and elsewhere in UK£6,3256Ordinary providerWales, England and Scotland£1,465

Applying for a fee loan for less than the maximum amount

41

An eligible student may apply under regulation 32 to borrow part of the tuition fee loan available in respect of an academic year.

Further application for tuition fee loan up to maximum amount

42

Where—

(a) an eligible student applies for part of the tuition fee loan under regulation 41, or

(b) an additional amount of tuition fee loan is made available to an eligible student following a transfer and reassessment made under Section 5 of Chapter 2 of Part 4,

the student may make a further application under regulation 32 for the remaining balance of the tuition fee loan available in respect of that academic year.

PART 7 — BASE GRANT AND MAINTENANCE GRANT

CHAPTER 1 — QUALIFYING CONDITIONS

Base grant and maintenance grant

43

—A base grant and maintenance grant are grants made available by the Welsh Ministers to an eligible student in respect of the student's living and study costs.

Qualifying conditions for base grant and maintenance grant

44

(1) An eligible student qualifies for a base grant and a maintenance grant in respect of an academic year of the present course unless the eligible student falls within one of the following exceptions—

Exception 1 The eligible student is a prisoner, unless—

(a) the present course is a part-time course, and

(b) the eligible student enters or is released from prison in the academic year in question.

Exception 2 The only paragraph or paragraphs of Schedule 2 into which the eligible student falls is one or more of paragraphs 1(2)(d)(ii), 1(3), 4A(1)(b)(ii), 4A(2)(b)(ii), 6(1), 6A(1), 6A(2)(d)(ii), 6BA, 6BB, 6C, 6D, 7A(c)(ii) or 8A(1)(d)(ii).

Exception 3 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).

Exception 4 The present course is an accelerated graduate entry course.

Exception 5 The present course is a distance learning course and the student (“S”) is not in Wales on the first day of the first academic year of the course.

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.

Exception 6 The eligible student is undertaking an academic year of a sandwich course during which the periods of full-time study are in aggregate less than 10 weeks (unless it is a year to which paragraph (2) applies).

(2) This paragraph applies to an academic year of a sandwich course if, as part of the course, the eligible student undertakes—

(a) a period of work experience with a body in the United Kingdom specified in paragraph (3), or

(b) unpaid research—

(i) in an institution in the United Kingdom, or

(ii) outside the United Kingdom if the eligible student is attending an institution outside the United Kingdom as part of the course.

(3) The bodies referred to in paragraph (2)(a) are—

(a) a hospital;

(b) a public health service laboratory;

(c) a local authority or voluntary organisation exercising a function or carrying out activities relating to the care of children and young persons, health or welfare;

(d) a body providing prison or probation services in the United Kingdom;

(e) a health body listed in paragraph (4).

(4) The health bodies are—

(a) a Special Health Authority established under section 28 of the National Health Service Act 2006 or section 22 of the National Health Service (Wales) Act 2006 ;

(b) an NHS trust established under section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006;

(d) a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006;

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

(f) the Regional Health and Social Care Board established under section 7 of the Health and Social Care (Reform) Act (Northern Ireland) 2009 ;

(g) the Regional Agency for Public Health and Social Well-being established under section 12 of that Act;

(h) a health and social care trust (formerly called a health and social services trust) established under the Health and Personal Social Services (Northern Ireland) Order 1991 ;

(i) a special health and social care agency (formerly called a special health and social services agency) established under the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990 ;

(j) 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;

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

(l) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER 2 — BASE GRANT

Amount of base grant

45

In Table 3, Column 2 sets out the amount of base grant available for the academic year set out in the corresponding entry in Column 1.

CHAPTER 3 — MAINTENANCE GRANT

Amount of maintenance grant: full-time students

46

(1) Table 4 sets out the maximum amounts of maintenance grant available to an eligible student undertaking a full-time course (a “full-time student”) where—

(a) Column 1 specifies the academic year in relation to which the amounts of maintenance grant specified in Column 3 are payable;

(b) Column 2 specifies the location in which the student is living (see paragraph 3 of Schedule 1);

(2) Where—

(a) the student's household income does not exceed £18,370, or

(b) the student is a care leaver,

the amount of maintenance grant payable is the maximum amount of grant available in respect of the student's location.

(3) Where the student's household income exceeds £18,370 but is less than £59,200, the amount of maintenance grant payable to the student is the maximum amount of maintenance grant available reduced by £1 for every—

(a) £6.805 of household income exceeding £18,370 where the student is living at home;

(b) £4.387 of household income exceeding £18,370 where the student is living away from home, studying in London;

(4) Where the full-time student's household income is £59,200 or more, the amount of maintenance grant payable is £0.

Column 1 Academic year	Column 2 Location of full-time student	Column 3 Maximum amount of maintenance grant available to full-time student
Beginning on or after 1 September 2018 but before 1 September 2026	Living at home	£5,885
Beginning on or after 1 September 2018 but before 1 September 2026	Living away from home, studying in London	£9,124
Beginning on or after 1 September 2018 but before 1 September 2026	Living away from home, studying elsewhere	£7,100
Beginning on or after 1 September 2026	Living at home	£6,000
Beginning on or after 1 September 2026	Living away from home, studying in London	£9,305
Beginning on or after 1 September 2026	Living away from home, studying elsewhere	£7,240

Amount of maintenance grant: part-time students

47

(1) Table 5 sets out the maximum amounts of maintenance grant available to an eligible student undertaking a part-time course (a “part-time student”) where—

(a) Column 1 specifies the academic year in relation to which the amounts of maintenance grant specified in Column 2 are payable;

(b) Column 2 specifies the maximum amount of grant available in respect of the corresponding academic year in Column 1.

(2) If—

(a) a part-time student's household income does not exceed £25,000, or

(b) the student is a care leaver,

the amount of maintenance grant payable to the student is the maximum amount available multiplied by the intensity of study of the present course.

(3) Where the part-time student's household income exceeds £25,000 but is less than £59,200, the amount of maintenance grant payable is calculated as follows— Step 1 Reduce the maximum amount of maintenance grant available by £1 for every £6.71 of household income exceeding £25,000. Step 2 Multiply the result of Step 1 by the intensity of study of the present course. The result is the amount of maintenance grant payable.

(4) Where the part-time student's household income is £59,200 or more, the amount of maintenance grant payable is £0.

Column 1Academic year	Column 2Maximum amount of maintenance grant available to part-time student
Beginning on or after 1 September 2018 but before 1 September 2026	£5,000
Beginning on or after 1 September 2026	£5,100

Household income

48

See Part 2 of Schedule 3 for provision about calculating an eligible student's household income.

Meaning of care leaver

49

An eligible student is a “care leaver” if the student—

(a) is under the age of 25 on the first day of the first academic year of the present course,

(b) is, or has been, a category of young person defined in, or by virtue of, section 104 of the Social Services and Well-being (Wales) Act 2014 , and

(i) was looked after, fostered or accommodated (within the meaning of sections 74 and 104 of the Social Services and Well-being (Wales) Act 2014) for an aggregate period of 13 weeks or more, or

(ii) was a person with respect to whom a special guardianship order (within the meaning given by section 14A of the Children Act 1989) was in force for a period of 13 weeks or more.

CHAPTER 4 — SPECIAL SUPPORT PAYMENT

Special support payment

50

(1) Where an eligible student who qualifies for a base grant or, as the case may be, a maintenance grant, meets one of the qualifying conditions in regulation 51—

(a) all of the base grant payable to the eligible student, and

(b) an amount of maintenance grant payable to the student up to the maximum specified in regulation 52,

is to be treated as a special support payment.

(2) A special support payment is a payment which is intended to meet—

(a) the cost of books and equipment;

(b) travel expenses;

in connection with an eligible student undertaking a designated course.

Special support payment: qualifying conditions

51

An eligible student qualifies for a special support payment in respect of an academic year of the present course if the eligible student satisfies one of the following conditions— Condition A The eligible student, for the purposes of assessing entitlement to income support, falls within a prescribed category of person for the purposes of section 124(1)(e) of the Social Security Contributions and Benefits Act 1992. Condition B The eligible student, for the purposes of assessing entitlement to housing benefit, is treated as being liable to make payments in respect of a dwelling prescribed by regulations made under section 130(2) of that Act . Condition C The eligible student, for the purposes of assessing entitlement to universal credit, is liable or is treated as being liable under regulation 25(3) of the Universal Credit Regulations 2013 to make payments in respect of accommodation the student occupies as his or her home.

Maximum amount of maintenance grant treated as special support payment

52

In Table 6, Column 2 sets out the maximum amount of maintenance grant payable as special support payment in respect of the academic year set out in the corresponding entry in Column 1.

PART 8 — MAINTENANCE LOAN

Maintenance loan

53

A maintenance loan is a loan made available by the Welsh Ministers to an eligible student in respect of living costs for an academic year.

Qualifying conditions for a maintenance loan

54

An eligible student qualifies for a maintenance loan in respect of an academic year of the present course unless one of the following exceptions applies—

Exception 1 The eligible student is a prisoner, unless—

(a) the present course is a part-time course, and

(b) the eligible student enters or is released from prison in the academic year in question.

Exception 3 The eligible student is aged 60 or over on the first day of the first academic year of the present course.

Exception 4 The present course is a distance learning course and the student (“S”) is not in Wales on the first day of the first academic year of the course.

...

Amount of maintenance loan: full-time students

55

(1) Where an eligible student's present course is a full-time course (a “full-time student”), the amount of maintenance loan payable to the student is calculated as follows— Maximum amount of maintenance loan available to the student in respect of an academic year. Minus Amount of maintenance grant payable to the student under regulation 46.

(2) Table 7 sets out the maximum amounts of maintenance loan available in respect of a full-time student where—

(a) Column 1 specifies the academic year in relation to which the amounts of maintenance loan specified in Column 4 apply;

(b) Column 2 specifies the category of student to whom the maximum amounts in Column 4 apply;

(d) Column 4 specifies the maximum amount of loan available in respect of the corresponding entries in Columns 1, 2 and 3.

(3) For the purposes of this regulation the categories of student are—

Category 1

An eligible student undertaking an academic year of a designated course, who is not a Category 2 student.

Category 2

An eligible student undertaking an academic year of a sandwich course during which the periods of full-time study undertaken by the student are in aggregate less than 10 weeks (unless it is a year to which regulation 44(2) applies).

(4) This regulation is subject to regulation 56.

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