Legalize / United Kingdom / Wales / Welsh-Statutory-Instrument

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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“course for the initial training of teachers” (“cwrs ar gyfer hyfforddiant cychwynnol athrawon”)includes a teacher training course leading to a first degree but excludes an employment-based teacher training scheme (within the meaning given by regulation 7(2));

“distance learning course” (“cwrs dysgu o bell”) means a course in relation to which a student undertaking the course is not required to be in attendance by the institution providing the course, other than to satisfy any requirement imposed by the institution to attend any institution—for the purposes of registration, enrolment or examination, oron a weekend or during a vacation;

“end-on course” (“cwrs penben”) means—a full-time first degree course (other than a first degree course for the initial training of teachers) which, disregarding any intervening vacation, a student undertakes immediately after ceasing to undertake a full-time relevant education course,a full-time honours degree course which, disregarding any intervening vacation, a student undertakes immediately after ceasing to undertake a full-time relevant degree course,a part-time first degree course (other than a first degree course for the initial training of teachers) which, disregarding any intervening vacation, a student undertakes immediately after ceasing to undertake a part-time relevant education course, ora part-time honours degree course which, disregarding any intervening vacation, a student undertakes immediately after ceasing to undertake a part-time relevant degree course;and in this definition—“relevant degree course” (“cwrs gradd perthnasol”) means—a foundation degree course, oran ordinary degree course,for which the student received or was entitled to receive support under these Regulations;“relevant education course” (“cwrs addysg perthnasol”) means—a course for the diploma of higher education,a course for the Higher National Diploma or Higher National Certificate of—the Business and Technology Education Council, ...the Scottish Qualification Authority, or Qualifications Scotland, or a course for the certificate of Higher Education,for which the student received or was entitled to receive support under these Regulations;

“fees” (“ffioedd”) has the meaning given in section 57(1) of the Higher Education (Wales) Act 2015 ...;

“member of the armed forces” (“aelod o'r lluoedd arfog”) means a member of the regular naval, military or air forces of the Crown;

“period of work experience” (“cyfnod o brofiad gwaith”) means—a period of industrial, professional or commercial experience associated with full-time study at an institution but at a place outside that institution;a period during which a student is employed and residing in a country whose language is one that the student is studying for the student's present course (provided that the period of residence in that country is a requirement of the student's course and the study of one or more modern languages accounts for not less than one half of the total time spent studying on the course);

“person with protected rights” (“person sydd â hawliau gwarchodedig”) means—

(a) a person within the personal scope of the citizens’ rights provisions who—

(i) has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules,

(ii) is an Irish citizen who, pursuant to section 3ZA of the Immigration Act 1971, does not require leave to enter or remain in the United Kingdom,

(iii) ...

(iv) is an applicant for the purposes of regulation 4 of the 2020 Citizens’ Rights Regulations where the relevant period has not expired, or

(v) otherwise has rights deemed to apply by virtue of any citizens’ rights deeming provisions; or

(b) a family member of a relevant person of Northern Ireland for the purposes of residence scheme immigration rules, where that family member has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules;

(2) In paragraph (1)(a)(v) “citizens’ rights deeming provisions” means—

(a) Article 18(2) and (3) (issuance of residence documents) of the EU withdrawal agreement;

(b) Article 17(2) and (3) (issuance of residence documents during the transition period) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020); or

“present course” (“cwrs presennol”) means the designated course in respect of which a person applies for support under regulation 32;

“prisoner” (“carcharor”) means a person who is serving a sentence of imprisonment in the United Kingdom including a person detained in a young offender institution (and “prison” is to be construed accordingly);

“publicly funded institution” (“sefydliad a gyllidir yn gyhoeddus”) means an institution in the United Kingdom maintained or assisted by recurrent grants out of funds provided by –Parliament;the Welsh Ministers;the Scottish Ministers;the Northern Ireland Executive,or from funds attributable to such funds;

“qualified teacher” (“athro cymwysiedig neu athrawes gymwysiedig”) means a person who satisfies requirements specified in regulations under section 132 of the Education Act 2002 ;

“quarter” (“chwarter”) means a period of the academic year—beginning on 1 September and ending on 31 December;beginning on 1 January and ending on 31 March;beginning on 1 April and ending on 30 June;beginning on 1 July and ending on 31 August;

“relevant period” (“cyfnod perthnasol”) has the meaning given by regulation 4 of the 2020 Citizens’ Rights Regulations;

“relevant person of Northern Ireland” (“person perthnasol o Ogledd Iwerddon”) has the meaning given by residence scheme immigration rules;

“Research Council” (“Cyngor Ymchwil”) means any of the following research councils—Arts and Humanities Research Council;Biotechnology and Biological Sciences Research Council;Economic and Social Research Council;Engineering and Physical Sciences Research Council;Medical Research Council;Natural Environment Research Council;Science and Technology Facilities Council;

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

“sandwich course” (“cwrs rhyngosod”) means a course—which consists of alternate periods of full-time study in an institution and periods of work experience, andwhere, taking the course as a whole, the student attends the periods of full-time study at the institution for an average of not less than 18 weeks in each year (and where days of full-time study alternate with days of work experience in any week, those days of study may be aggregated with each other and with any full weeks of full-time study in determining the number of weeks of full-time study in a year);for the purposes of paragraph (b) the course is to be treated as beginning with the first period of full-time study and ending with the last such period;but a course for the initial training of teachers is not a sandwich course;nor is an academic year of a designated course which is an Erasmus year to be treated as a sandwich course;

“statutory award” (“dyfarndal statudol”) means any award bestowed, grant paid, or other support provided, by virtue of the 1998 Act or the Education Act 1962, or any comparable award, grant, or other support, in respect of undertaking a course which is paid out of funds provided by a publicly funded institution;

“support” (“cymorth”), except where otherwise indicated, means financial support by way of grant or loan made by the Welsh Ministers under—these Regulations, orany other regulations made under section 22 of the 1998 Act;

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

(2) The Welsh Ministers may determine that a course is a compressed degree course if the course—

(a) is a full-time designated course for a first degree (other than a foundation degree), and

(b) is of two academic years' duration.

(3) For the purposes of these Regulations, a person is within the personal scope of the citizens’ rights provisions if that person falls within—

(a) Article 10 (personal scope) of the EU withdrawal agreement,

(b) Article 9 (personal scope) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020), or

SCHEDULE 2 — Categories of eligible student

Category 1 – Persons settled in the United Kingdom

1

(1) A person—

(a) who ...—

(i) is settled in the United Kingdom and does not fall within sub-paragraph (2), and

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

(b) who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course, and

(c) whose residence in the United Kingdom and Islands has not, during any part of the period referred to in paragraph (b), been wholly or mainly for the purpose of receiving full-time education (unless the person is treated as being ordinarily resident in the United Kingdom and Islands in accordance with paragraph 9(2)).

(2) A person who—

(a) meets one of the following conditions—

(i) the person is within the personal scope of the citizens’ rights provisions and is settled in the United Kingdom by virtue of the grant of indefinite leave to enter or remain under residence scheme immigration rules,

(ii) the person—

(aa) is within the personal scope of the citizens’ rights provisions,

(bb) is an Irish citizen settled in the United Kingdom who, pursuant to section 3ZA of the Immigration Act 1971, does not require leave to enter or remain in the United Kingdom, and

(cc) would meet the eligibility requirements for indefinite leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules if that person were to make an application for such leave,

(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv) the person—

(aa) is within the personal scope of the citizens’ rights provisions,

(bb) is an applicant for the purposes of regulation 4 of the 2020 Citizens’ Rights Regulations or otherwise has rights deemed to apply by virtue of any of the citizens’ rights provisions specified in paragraph (5), and

(cc) has, or is treated as having, a right of permanent residence for the purposes of the Immigration (European Economic Area) Regulations 2016, as those Regulations continue to have effect by virtue of the 2020 Citizens’ Rights Regulations in relation to that person during the relevant period or otherwise has a deemed right of permanent residence by virtue of any of the citizens’ rights provisions specified in paragraph (5), or

(v) the person is a family member of a relevant person of Northern Ireland for the purposes of residence scheme immigration rules, where that family member is settled in the United Kingdom by virtue of the grant of indefinite leave to enter or remain under residence scheme immigration rules,

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

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

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

(i) the United Kingdom, Gibraltar, the EEA and Switzerland, or

(ii) the overseas territories.

(3) A person—

(a) who is settled in the United Kingdom ... and does not fall within sub-paragraph (2),

(b) who is undertaking a designated course in Wales,

(c) who has been ordinarily resident in the territory comprising the United Kingdom, Islands and the Republic of Ireland throughout the three-year period preceding the first day of the first academic year of the course and who has been ordinarily resident in the Republic of Ireland for at least part of that period,

(d) whose ordinary residence in the territory comprising the United Kingdom, Islands and the Republic of Ireland has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education (unless the person is treated as being ordinarily resident in that territory in accordance with paragraph 9(2)), and

(e) who did not move to Wales from the Islands for the purpose of undertaking the current course, or a course which, disregarding any intervening vacation, the person undertook immediately before the current course.

(4) For the purposes of sub-paragraph (2)(a)(ii)(cc), “eligibility requirements for indefinite leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigrations rules” means the eligibility requirements for such leave in accordance with paragraph EU11 of Appendix EU to the immigration rules.

(5) For the purposes of sub-paragraph (2)(a)(iv), the citizens’ rights provisions referred to are—

(a) Article 18(3) (issuance of residence documents) of the EU withdrawal agreement,

(b) Article 17(3) (issuance of residence documents) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020), or

Category 2 – Refugees and their family members

2

(1) A person who—

(a) is a refugee,

(b) is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since the person was recognised as a refugee, and

(2) A person who—

(a) is the spouse or civil partner of a refugee,

(b) was the spouse or civil partner of the refugee on the date on which the refugee made the application for asylum,

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

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

(3) A person who—

(a) is the child of a refugee or the child of the spouse or civil partner of a refugee,

(b) on the date on which the refugee made the application for asylum, was the child of the refugee or the child of a person who was the spouse or civil partner of the refugee on that date,

(d) is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to remain in the United Kingdom, and

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

Category 3 – Persons with leave to enter or remain and their family members

3

(1) A person—

(a) with leave to enter or remain,

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

(c) who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course.

(2) A person—

(a) who is the spouse or civil partner of a person with leave to enter or remain,

(b) who was the spouse or civil partner of the person with leave to enter or remain on the leave application date,

(d) who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course.

(3) A person—

(a) who is the child of a person with leave to enter or remain or the child of the spouse or civil partner of a person with leave to enter or remain,

(b) who, on the leave application date, was under 18 years old and was the child of the person with leave to enter or remain or the child of a person who was the spouse or civil partner of the person with leave to enter or remain on that date,

(d) who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course.

(4) In this paragraph, a “person with leave to enter or remain” means a person (“P”)—

(a) who has—

(i) applied for refugee status but has, as a result of that application, been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that, although P is considered not to qualify for recognition as a refugee it is thought right to allow P to enter or remain in the United Kingdom on the grounds of ... discretionary leave, and who has been granted leave to enter or remain accordingly,

(ii) not applied for refugee status but has been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that it is thought right to allow P to enter or remain in the United Kingdom on the grounds of discretionary leave, and who has been granted leave to enter or remain accordingly,

(iia) been granted leave to remain on the grounds of family life under the immigration rules;

(iii) been granted leave to remain on the grounds of private life under the immigration rules,

(iv) been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that, although P is not considered to qualify for leave to remain on the grounds of private or family life under the immigration rules, P has been granted leave to remain outside the rules on the grounds of Article 8 of the European Convention on Human Rights,

(c) whose period of leave to enter or remain has not expired or has been renewed and the period for which it was renewed has not expired or in respect of whose leave to enter or remain an appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002), and

(d) who has been ordinarily resident in the United Kingdom and Islands throughout the period since P was granted leave to enter or remain.

(5) In this paragraph, “leave application date” means the date on which the person with leave to enter or remain made the application that led to that person being granted leave to enter or remain in the United Kingdom.

Category 4 – Workers, employed persons, self-employed persons and their family members

4

(1) A person who—

(a) is one of the following—

(i) an EEA migrant worker or an EEA self-employed person, who is ordinarily resident in Wales on the first day of the first academic year of the course;

(ii) a Swiss employed person or a Swiss self-employed person, who is ordinarily resident in Wales on the first day of the first academic year of the course;

(iii) a family member of a person mentioned in sub-paragraph (i) or (ii), who is ordinarily resident in Wales on the first day of the first academic year of the course;

(iv) an EEA frontier worker or an EEA frontier self-employed person;

(v) a Swiss frontier employed person or a Swiss frontier self-employed person;

(vi) a family member of a person mentioned in sub-paragraph (iv) or (v), and

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

(2) A person who—

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

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

(c) is entitled to support by virtue of Article 10 of Regulation (EU) No. 492/2011 of the European Parliament and of the Council on freedom of movement for workers within the Union (“the Workers Regulation”), as it had effect immediately before IP completion day, as extended by the EEA Agreement, as it had effect immediately before IP completion day,

(d) for the purposes of paragraph (c), in Article 10 of the Workers Regulation the reference to “another Member State” is to be read as including the United Kingdom and the references to “that State” construed accordingly.

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

(3) In sub-paragraph (1) and sub-paragraph (1) of paragraph 4A—

“EEA frontier self-employed person” (“person hunangyflogedig trawsffiniol AEE”) means an EEA national who—is a self-employed person in Wales, andresides in Switzerland or the territory of an EEA State ... and returns to the national's residence in Switzerland or that EEA State, as the case may be, at least once a week;

“EEA frontier worker” (“gweithiwr trawsffiniol AEE”) means an EEA national who—is a worker in Wales, andresides in Switzerland or the territory of an EEA State ... and returns to the national's residence in Switzerland or that EEA State, as the case may be, at least once a week;

“EEA migrant worker” (“gweithiwr mudol AEE”) means an EEA national who is a worker, other than an EEA frontier worker, in the United Kingdom;

“EEA self-employed person” (“person hunangyflogedig AEE”) means an EEA national who is a self-employed person, other than an EEA frontier self-employed person, in the United Kingdom;

“family member” (“aelod o deulu”) means—in relation to an EEA frontier worker, an EEA migrant worker, an EEA frontier self-employed person , an EEA self-employed person or a relevant person of Northern Ireland who is treated as an EEA migrant worker or an EEA self-employed person by virtue of paragraph 4A(4)—the person's spouse or civil partner,direct descendants of the person or of the person's spouse or civil partner who are under the age of 21 or who are 21 or over and are dependants of the person or the person's spouse or civil partner, ordependent direct relatives in the ascending line of the person or that of the person's spouse or civil partner;in relation to a Swiss frontier employed person, a Swiss employed person, a Swiss frontier self-employed person or a Swiss self-employed person—the person's spouse or civil partner, orthe person's child or the child of the person's spouse or civil partner;

“Swiss employed person” (“person cyflogedig Swisaidd”) means a Swiss national who is an employed person, other than a Swiss frontier employed person, in the United Kingdom;

“Swiss frontier employed person” (“person cyflogedig trawsffiniol Swisaidd”) means a Swiss national who—is an employed person in Wales, andresides in Switzerland or in the territory of an EEA State ... and returns to the national's residence in Switzerland or that EEA State, as the case may be, at least once a week;

“Swiss frontier self-employed person” (“person hunangyflogedig trawsffiniol Swisaidd”) means a Swiss national who—is a self-employed person in Wales, andresides in Switzerland or in the territory of an EEA State, ... and returns to the national's residence in Switzerland or that EEA State, as the case may be, at least once a week;

“Swiss self-employed person” (“person hunangyflogedig Swisaidd”) means a Swiss national who is a self-employed person, other than a Swiss frontier self-employed person, in the United Kingdom.

(4) For the purposes of sub-paragraph (3)—

“EEA national” (“gwladolyn AEE”) means a national of an EEA State ...;

“employed person” (“person cyflogedig”) means an employed person within the meaning of Annex 1 to the Swiss Agreement;

“self-employed person” (“person hunangyflogedig”) means—in relation to an EEA national, a person who is self-employed within the meaning of Article 7 of Directive 2004/38 or the EEA Agreement, as the case may be, orin relation to a Swiss national, a person who is a self-employed person within the meaning of Annex 1 to the Swiss Agreement;

“worker” (“gweithiwr”) means a worker within the meaning of Article 7 of Directive 2004/38 or the EEA Agreement, as the case may be.

Category 5 – Persons who are settled in the United Kingdom and have exercised a right of residence elsewhere

5

(1) A person who—

(a) is settled in the United Kingdom,

(b) was ordinarily resident in Wales and settled in the United Kingdom immediately before leaving the United Kingdom and who has exercised a right of residence before IP completion day,

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

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

(2) For the purposes of this paragraph, a person has exercised a right of residence if sub-paragraph (3) or (4) applies to the person.

(3) This sub-paragraph applies to a person who is—

(a) a United Kingdom national,

(b) a family member of a United Kingdom national for the purposes of Article 7 of Directive 2004/38 (or corresponding purposes under the EEA Agreement or Swiss Agreement), or

who has exercised a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA Agreement or Swiss Agreement in a state other than the United Kingdom.

(4) This paragraph applies to a person (“P”)—

(a) who is settled in the United Kingdom and had the right of permanent residence, and

(b) who has gone to the state within the territory comprising the EEA and Switzerland of which P is a national or of which the person in relation to whom P is a family member is a national.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Category 6 – EU nationals

6

(1) A person—

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

(i) an EU national,

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

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

(b) who is undertaking a designated course in Wales,

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

(d) whose ordinary residence in the territory comprising the United Kingdom, Gibraltar, the EEA and Switzerland has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education (unless the person is treated as being ordinarily resident in that territory in accordance with paragraph 9(2)).

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

(2) A person who—

(a) is an EU national ...on the first day of the first academic year of the course,

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

(c) has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the first academic year of the course, and

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

(3) Where a state accedes to the European Union after the first day of the first academic year of the course and a person is a national of that state, the requirement in sub-paragraph (1)(a) or (2)(a) is treated as being satisfied.

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

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Category 7 – Children of Swiss nationals

7

(1) A person who—

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

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

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

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

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

Category 8 – Children of Turkish workers

8

(1) A person who—

(a) is the child of a Turkish worker,

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

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

(2) In this paragraph, “Turkish worker” means a Turkish national who—

(a) is ordinarily resident in the United Kingdom and Islands, and

(b) is, or has been, lawfully employed in the United Kingdom.

Ordinary residence – additional provision

9

(1) For the purposes of this Schedule, a person who is ordinarily resident in England, Wales, Scotland, Northern Ireland or the Islands, as a result of having moved from another of those areas for the purpose of undertaking—

(a) the present course, or

(b) a course which, disregarding any intervening vacation, the person undertook immediately before undertaking the present course,

is to be considered to be ordinarily resident in the place from which the person moved.

(2) For the purposes of this Schedule, a person (“P”) is to be treated as ordinarily resident in an area if P would have been so resident but for the fact that—

P’s spouse or civil partner, ...

P’s parent, or

in the case of a dependent direct relative in the ascending line, P’s child or child’s spouse or civil partner,

is or was temporarily employed outside the area in question.

(3) For the purposes of sub-paragraph (2), temporary employment outside the area in question includes—

in the case of members of the regular naval, military or air forces of the Crown, any period which they serve outside the United Kingdom as members of such forces;

in the case of members of the regular armed forces of a specified British overseas territory, any period which they serve outside the territory comprising the United Kingdom and the specified British overseas territories as members of such forces;

in the case of members of the regular armed forces of the Republic of Ireland, any period which they serve outside the territory comprising the United Kingdom, the Islands and the Republic of Ireland as members of such forces;

in the case of members of the regular armed forces of an EEA State or Switzerland, any period which they serve outside the territory comprising the United Kingdom, Gibraltar, the EEA and Switzerland as members of such forces;

in the case of members of the regular armed forces of Turkey, any period which they serve outside the territory comprising the United Kingdom, Gibraltar, the EEA, Switzerland and Turkey as members of such forces;

in the case of members of the regular armed forces of an EU overseas territory, any period which they serve outside the territory comprising the United Kingdom, the EEA, Switzerland and the overseas territories.

(4) For the purposes of this Schedule, an eligible student who is a prisoner is to be considered to be ordinarily resident in the part of the United Kingdom where the prisoner resided prior to sentencing.

(5) For the purposes of this Schedule, an area other than the United Kingdom or Gibraltar which—

(a) was previously not part of the EU or the EEA, but

(b) at any time before or after these Regulations come into force becomes part of one or other or both of these territories,

is to be considered to have always been a part of the EEA.

Further provision on ordinary residence: care leavers

10

(1) A care leaver is treated as being ordinarily resident in Wales on the first day of the first academic year of the present course even if, on that day, the care leaver—

(a) is looked after outside Wales (in a case where regulation 49(c)(i) applies to the student), or

(b) is residing outside Wales under a special guardianship order (in a case where regulation 49(c)(ii) applies to the student),

under arrangements made by a Welsh local authority.

(2) In paragraph (1)—

“care leaver” (“person sy'n ymadael â gofal”) has the meaning given in regulation 49;

“looked after” (“derbyn gofal”) has the meaning given in section 74 of the Social Services and Well-being (Wales) Act 2014;

“Welsh local authority” (“awdurdod lleol Cymreig”) means a local authority within the meaning given by section 197(1) of that Act.

Interpretation

11

(1) In this Schedule—

“Directive 2004/38” (“Cyfarwyddeb 2004/38”) means Directive 2004/38/EC of the European Parliament and of the Council of 29th April 2004 on the rights of citizens of the Union and their family members to move and reside freely in the territory of the member States ;

“EEA” (“AEE”) means the European Economic Area, that is to say the territory comprised by the EEA States;

“family member” (“aelod o deulu”) means (unless otherwise indicated) in relation to a person (“P”)—P’s spouse or civil partner,direct descendants of P or of P’s spouse or civil partner who are—under the age of 21, ordependants of P or P’s spouse or civil partner, orin a case where P is—an EU national who falls within Article 7(1)(b) of Directive 2004/38, orfor the purposes of paragraph 6A, a relevant person of Northern Ireland who would fall within Article 7(1)(b) of Directive 2004/38 if that person were an EU national or solely an EU national,dependent direct relatives in P’s ascending line or the ascending line of P’s spouse or civil partner;

“immigration rules” (“rheolau mewnfudo”) means the rules laid before Parliament by the Secretary of State under section 3(2) of the Immigration Act 1971;

“Islands” (“Ynysoedd”) means the Channel Islands and the Isle of Man;

“overseas territories” (“tiriogaethau tramor”) means Anguilla, ... Bermuda, British Antarctic Territory, British Indian Ocean Territory, ... Cayman Islands, Falkland Islands, Faroe Islands, French Polynesia, French Southern and Antarctic Territories, Gibraltar, Greenland, Mayotte, Montserrat, the Caribbean part of the Kingdom of the Netherlands (Aruba, Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten) , Pitcairn, Henderson, Ducie and Oeno Islands, South Georgia and the South Sandwich Islands, St Barthélemy, St Helena, Ascension and Tristan da Cunha , St Pierre et Miquelon, the Territory of New Caledonia and Dependencies, Turks and Caicos Islands, Virgin Islands, and Wallis and Futuna;

“parent” (“rhiant”) includes a guardian, any other person having parental responsibility for a child and any person having care of a child and “child” is to be construed accordingly;

“refugee” (“ffoadur”) means a person who is recognised by Her Majesty's government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28 July 1951 as extended by its 1967 Protocol ;

“settled” (“wedi setlo”) has the meaning given by section 33(2A) of the Immigration Act 1971 ;

“specified British overseas territories” (“tiriogaethau tramor Prydeinig penodedig”) means Anguilla, Bermuda, British Antarctic Territory, British Indian Ocean Territory, ... Cayman Islands, Falkland Islands, Gibraltar, Montserrat, Pitcairn, Henderson, Ducie and Oeno Islands, South Georgia and the South Sandwich Islands, St Helena, Ascension and Tristan da Cunha, Turks and Caicos Islands, and Virgin Islands;

“Swiss Agreement” (“Cytundeb y Swistir”) means the Agreement between the EU and its Member States, of the one part, and the Swiss Confederation of the other, on the Free Movement of Persons signed at Luxembourg on 21 June 1999 and which came into force on 1 June 2002;

“United Kingdom national” (“gwladolyn o’r Deyrnas Unedig”) has the meaning given by Article 2(d) of the EU withdrawal agreement.

(2) For the purposes of this Schedule, a reference to a “Member State” or “State” in Article 7 of Directive 2004/38 is to be read as including the United Kingdom.

SCHEDULE 3 — Calculation of income

PART 1 — Introduction

Overview of Schedule

1

(1) This Schedule is arranged as follows.

(2) Part 2 makes provision about the calculation of an eligible student's household income for the purposes of determining the amount of—

(a) maintenance grant (see regulations 46 and 47),

(b) grant for travel (see regulations 65 and 66), or

payable to the student.

(3) Part 3 sets out the meaning of “taxable income”, which is required in order to calculate a person's residual income.

(4) Part 4 makes provision about the calculation of residual income where—

(a) Chapter 1 sets out how to calculate the residual income of an eligible student for the purposes of calculating the student's household income, and

(b) Chapter 2 sets out how to calculate the residual income of the following other persons—

(i) an eligible student's parent, eligible student's partner or eligible student's parent's partner for the purposes of calculating the student's household income;

(ii) an eligible student's dependent adult for the purposes of calculating the amount of grant for dependants payable to the student (see regulation 77).

(5) Part 5 makes provision about the calculation of the net income of—

(a) an eligible student's adult dependant, for the purposes of determining whether an eligible student qualifies for an adult dependants grant (see regulation 71);

(b) an eligible student's dependent children, for the purposes of calculating the amount of grant for dependants payable to the student (see regulation 77).

(6) Part 6 defines certain terms used in this Schedule.

PART 2 — Household income

Household income of eligible student

2

This Part makes provision about the calculation of an eligible student's household income.

Calculation of household income

3

(1) An eligible student's household income is calculated by applying the following steps— Step 1 If the student is not an independent eligible student (see paragraph 4), aggregate the total residual income of the persons listed in List A. If the student is an independent eligible student, aggregate the total residual income of the persons listed in List B.

List A

The persons are—

(a) the eligible student, plus

(b) either—

(i) each of the eligible student's parents (subject to paragraph 5), or

(ii) where the student's parents have separated, the parent selected under paragraph 6(3) and that parent's partner (if that parent has one), (subject to paragraph 7).

List B

The persons are—

(a) the independent eligible student, plus

(b) the student's partner (if the student has one), (subject to paragraphs 7 and 8).

Step 2 Calculate the applicable amount of dependent child deduction (see sub-paragraphs (2) to (4)) and deduct that from the aggregated total calculated under Step 1. The result is the eligible student's household income.

(2) A dependent child deduction is a deduction made in respect of each child wholly or mainly financially dependent on—

(a) the eligible student,

(b) the eligible student's partner,

(d) the partner of the eligible student's parent,

where the income of that person is taken into account for the purposes of calculating household income.

(3) But no deduction is to be made in respect of a child of—

(a) the eligible student's parent, or

(b) the partner of the eligible student's parent,

if the child is the eligible student.

(4) In Table 15, Column 2 sets out the amount of dependent child deduction in respect of the academic year set out in the corresponding entry in Column 1.

Column 1Academic year	Column 2Amount of dependent child deduction
Beginning on or after 1 September 2018 but before 1 September 2026	£1,150
Beginning on or after 1 September 2026	£1,175

Independent eligible students

4

(1) An eligible student is an independent eligible student if one of the following cases applies— Case 1 The student is aged 25 or over on the first day of the current academic year. Case 2 The student is married or is in a civil partnership before the beginning of the first day of the current academic year, whether or not the marriage or civil partnership continues to subsist after that date. Case 3 The student has no parent living. Case 4 The Welsh Ministers are satisfied that—

(a) neither of the student's parents can be found, or

(b) it is not reasonably practicable to get in touch with either of the student's parents.

Case 5 Either—

(a) the student has not communicated with either of the student's parents for a period of one year or more ending on the day before the first day of the current academic year, or

(b) in the opinion of the Welsh Ministers, the student is irreconcilably estranged from the student's parents on other grounds.

Case 6 The student's parents reside outside the United Kingdom, Gibraltar and the European Union and the Welsh Ministers are satisfied that—

(a) the assessment of the household income by reference to the parents' income would place those parents in jeopardy, or

(b) it would not be reasonably practicable for the parents to send funds to the United Kingdom for the purposes of supporting the student.

Case 7 Where paragraph 6 (separation of parents) applies, the parent selected by the Welsh Ministers under sub-paragraph (3) of that paragraph has died, irrespective of whether that parent had a partner. Case 8 On the first day of the current academic year, the student has the care of a person under the age of 18. Case 9 The student has been supported by the student's earnings for any period of three years (or periods which together aggregate at least three years) ending before the first day of the first academic year of the present course. Case 10 Where a student is an independent eligible student by virtue of Case 9 in respect of one academic year, the student continues to be an independent eligible student for any subsequent academic year of the designated course. Case 11 The student is a care leaver within the meaning given by regulation 49.

(2) For the purposes of Case 9, an eligible student is treated as being supported by the student's earnings if during the period or periods referred to in Case 9 one of the following grounds applies— Ground 1 The eligible student was participating in arrangements for training unemployed persons under a scheme operated, sponsored or funded by a public body. Ground 2 The eligible student received a benefit payable by a public body in respect of a person who is available for employment but is unemployed. Ground 3 The eligible student was available for employment and had complied with any registration requirement of a public body as a condition of entitlement for participation in arrangements for training or the receipt of benefits. Ground 4 The eligible student held a state studentship or comparable award. Ground 5 The eligible student received a pension, allowance or other benefit paid by reason of the student's disability, injury or sickness or for a reason associated with childbirth.

Eligible student's parent dies leaving a surviving parent

5

(1) Where—

(a) the parent of an eligible student dies before the current academic year, and

(b) that parent's income has been or would have been taken into account for the purpose of determining household income,

only the residual income of the surviving parent is aggregated for the purposes of Step 1 in paragraph 3(1).

(2) Where the parent dies during the current academic year, the residual income of the eligible student's parents, for the purposes of Step 1 in paragraph 3(1), is the aggregate of—

(a) the residual income of both parents for the applicable financial year multiplied by X/52, and

(b) the residual income of the surviving parent for the applicable financial year multiplied by Y/52, where—

X is the number of weeks in the current academic year during which both parents were alive, and

Y is the remaining number of weeks in the current academic year.

Separation of eligible student's parents

6

(1) Where the eligible student's parents are separated for the duration of the current academic year, only the residual income of the parent selected under sub-paragraph (3) is aggregated for the purposes of Step 1 in paragraph 3(1).

(2) Where the student's parents have separated during the current academic year the residual income of the eligible student's parents, for the purposes of Step 1 in paragraph 3(1), is the aggregate of—

(a) the residual income of both parents for the applicable financial year multiplied by X/52, and

(b) the residual income of the parent selected under sub-paragraph (3) for the applicable financial year multiplied by Y/52, where—

X is the number of weeks in the current academic year during which the parents were not separated, and

Y is the number of weeks in the current academic year during which the parents were separated.

(3) Where sub-paragraph (1) or (2) applies, the Welsh Ministers must select the parent whose residual income it is the most appropriate to take into account in the circumstances.

Separation of eligible student's parent or independent eligible student from partner

7

(1) Where—

(a) the parent of an eligible student, or

(b) an independent eligible student,

is separated from his or her partner for the duration of the current academic year, the income of the partner is not aggregated under Step 1 in paragraph 3(1).

(2) Where—

(a) the parent of the eligible student, or

(b) an independent eligible student,

has separated from his or her partner during the current academic year, the amount of the partner's residual income to be aggregated under Step 1 is calculated by applying the formula in sub-paragraph (3).

(3) The formula to be applied is— X×C/52 Where—

X is the residual income of—the eligible student's parent's partner, where List A of Step 1 applies, orthe independent eligible student's partner where List B of Step 1 applies,for the applicable financial year;

C is the number of complete weeks of the current academic year during which—the eligible student's parent and his or her partner, orthe independent eligible student and the student's partner,were not separated.

(4) Where an eligible student has more than one partner in any one academic year, this paragraph and Step 1 of paragraph 3(1) apply in relation to each partner.

Independent eligible student or partner is a parent of an eligible student

8

Where—

(a) an independent eligible student (I) or the partner of the independent eligible student (PI) is a parent of an eligible student (S), and

(b) a statutory award payable to S is calculated by reference to the residual income of I or PI, or both,

the residual income of PI is not aggregated under List B of Step 1 in paragraph 3(1) for the purposes of calculating the household income of I.

PART 3 — Taxable income

Taxable income

9

(1) In this Schedule, a person's taxable income means—

(a) the aggregate of—

(i) the total income on which the person is charged to income tax under Step 1 of section 23 of the Income Tax Act 2007 , and

(ii) if not already a component of total income under sub-paragraph (i), payments and other benefits specified in section 401(1) of the Income Tax (Earnings and Pensions) Act 2003 received by the person or treated as received by the person (but disregard section 401(2) of that Act for the purposes of this sub-paragraph), or

(b) where the income tax legislation of a member State applies to the person's income, the person's total income from all sources as determined for the purposes of the income tax legislation of that member State.

(2) For the purposes of sub-paragraph (1)(b), where the income tax legislation of—

(a) the United Kingdom and one or more member State, or

(b) more than one member State,

applies to the person in respect of the year under consideration, the person’s total income from all sources is the amount derived from the determination resulting in the greatest amount of total income, including any income which is required to be taken into account under paragraph 18.

(3) But a person's taxable income does not include income paid to another person under a pension arrangements order.

PART 4 — Residual income

CHAPTER 1 — Residual income of an eligible student

Calculation of eligible student's residual income

10

— For the purposes of calculating an eligible student's household income under Part 2, the student's residual income is calculated as follows—

Deductions for the purpose of calculating residual income of an eligible student

11

— For the purposes of calculating an eligible student's residual income, the deductions are—

Income of eligible student received in currency other than sterling

12

(1) Where the eligible student receives income in a currency other than sterling, the value of the income is—

(a) the amount of sterling the eligible student receives for the income, or

(b) where the student does not convert the income into sterling, the value of the sterling which the income would purchase using the HMRC exchange rate.

(2) The HMRC exchange rate is the rate published by HM Revenue and Customs for the month corresponding to the month in which the income is received.

CHAPTER 2 — Residual income of persons other than an eligible student

Persons to whom this chapter applies

13

This Chapter makes provision for the calculation of a person's (“P's”) residual income where P means the following—

(a) where P's income is aggregated under Step 1 in paragraph 3(1) for the purpose of calculating an eligible student's household income—

(i) the parent of the eligible student,

(ii) the eligible student's partner, or

(iii) the eligible student's parent's partner,

as the case may be;

(b) the adult dependant of an eligible student for the purposes of calculating the amount of grant for dependants payable to the student (see regulation 77).

Calculation of residual income of persons other than eligible student

14

P's residual income is calculated as follows—

Deductions for the purpose of calculating residual income of persons other than eligible student

15

(1) For the purposes of calculating P's residual income, the deductions are— Deduction A The gross amount of any premium or sum paid by P in respect of a pension during the applicable financial year, in relation to which—

(a) relief is given under section 188 of the Finance Act 2004, or

(b) where P's income is computed for the purposes of the income tax legislation of a member State, relief would be given if that legislation made provision equivalent to the Income Tax Acts,

but not including any sum paid as a premium under a policy of life assurance. Deduction B Where paragraph 18 applies, a sum equivalent to Deduction A provided that this sum does not exceed the deductions which would be made if the whole of P's income were in fact income for the purposes of the Income Tax Acts. Deduction C £1,130, where P—

(a) is an eligible student in respect of the current academic year but is also the parent of an eligible student, or

(b) holds a statutory award in respect of the same period.

Applicable financial years: calculating residual income of persons other than eligible student

16

(1) This paragraph specifies the applicable financial year for the purposes of calculating P's residual income.

(2) Unless sub-paragraph (3) or (5) applies, the applicable financial year is PY-1.

(3) The applicable financial year is CY if the Welsh Ministers are satisfied that—

(a) where P is one of two persons whose residual incomes are aggregated under paragraph (b)(i) or (ii) of List A in paragraph 3(1), the aggregate of the residual incomes of P and the other person for CY is likely to be at least 15% lower than the aggregate of the residual incomes of P and the other person for PY-1, or

(b) in any other case, P’s residual income for CY is likely to be at least 15% lower than P’s residual income for PY-1.

(4) Sub-paragraph (5) applies where the applicable financial year for the previous academic year was the financial year beginning immediately before the first day of the previous academic year.

(5) Where this sub-paragraph applies—

(a) the applicable financial year is CY if the Welsh Ministers are satisfied that—

(i) where P is one of two persons whose residual incomes are aggregated under paragraph (b)(i) or (ii) of List A in paragraph 3(1), the aggregate of the residual incomes of P and the other person for CY is likely to be at least 15% lower than the aggregate of the residual incomes of P and the other person for PY, or

(ii) in any other case, P’s residual income for CY is likely to be at least 15% lower than P’s residual income for PY;

(b) otherwise, the applicable financial year is PY.

Income from business or profession

17

(1) Sub-paragraph (2) applies where—

(a) the applicable financial year for the purposes of calculating P's residual income is PY-1, and

(b) the Welsh Ministers are satisfied that P's income is wholly or mainly derived from the profits of a business or profession carried on by P.

(2) Where this paragraph applies, P's residual income is P's income for the earliest period of twelve months ending in PY-1 in respect of which accounts are kept relating to P's business or profession.

Treatment of income not treated as income for income tax purposes

18

(1) Sub-paragraph (3) applies where P is in receipt of any income which, for any of the reasons set out in sub-paragraph (2), does not form part of P's income for the purposes of the Income Tax Acts or the income tax legislation of a member State.

(2) The reasons are— Reason 1

(a) P is not resident ... in the United Kingdom, or

(b) P's income is computed for the purposes of the income tax legislation of a member State and P is not resident or domiciled in that member State.

Reason 2

(a) P's income does not arise in the United Kingdom, or

(b) P's income does not arise in the member State in which P's income is computed for the purposes of that State's income tax legislation.

Reason 3 The income arises from an office, service or employment, income from which is exempt from tax.

(3) P's taxable income is to be taken to include the income described in sub-paragraph (1) as if it were part of P's income for the purposes of the Income Tax Acts or the income tax legislation of a member State, as the case may be.

P's income in currency other than sterling

19

(1) Where P's income is computed for the purposes of the income tax legislation of a member State, P's residual income is to be calculated in accordance with this Part in the currency of that member State and is to be taken to be the sterling value of that income determined in accordance with the relevant HMRC rate.

(2) The relevant HMRC rate is the exchange average rate issued by HM Revenue and Customs for the calendar year ending immediately before the end of PY-1.

PART 5 — Net income of dependants

Net income of dependants

20

This Part makes provision about the calculation of the net income of the following dependants—

(a) an eligible student's adult dependant, for the purposes of determining whether an eligible student qualifies for adult dependants grant (see regulation 71);

(b) an eligible student's dependent children, for the purposes of calculating the amount of grant for dependants payable to the student (see regulation 77).

Net income

21

(1) The net income of a dependant is the dependant's income from all sources for the relevant year reduced by the amount of income tax and social security contributions payable in respect of that year but disregarding—

(a) any pension, allowance or other benefit paid by reason of a dependant's disability or incapacity;

(b) child benefit payable under Part 9 of the Social Security Contributions and Benefits Act 1992 ;

(c) any financial support payable to the dependant by a local authority in accordance with regulations made under sections 2, 3 and 4 of the Adoption and Children Act 2002 ;

(d) any guardian's allowance to which the dependant is entitled under section 77 of the Social Security Contributions and Benefits Act 1992 ;

(e) in the case of a dependant with whom a child being looked after by a local authority is boarded out, any payment made to that dependant in pursuance of section 23 of the Children Act 1989 or section 81 of the Social Services and Well-being (Wales) Act 2014 ;

(f) any payment made to the dependant under section 110(6) of the Social Services and Well-being (Wales) Act 2014 or section 23C(5A) of the Children Act 1989 ;

(g) any payments made to the dependant under section 15 of and Schedule 1 to the Children Act 1989 in respect of a person who is not the dependant's child or any assistance given by a local authority pursuant to—

(i) section 24 of that Act , or

(ii) section 104 of the Social Services and Well-being (Wales) Act 2014 in so far as that section applies to category 5 and 6 young persons within the meaning of that Act;

(h) any child tax credit to which the dependant is entitled under Part 1 of the Tax Credits Act 2002 ;

(i) in the case of a dependant who is entitled to an award of universal credit under Part 1 of the Welfare Reform Act 2012 —

(i) any amount that is included in the calculation of the award under regulation 27(1) of the Universal Credit Regulations 2013 , in respect of the fact that the dependant has limited capability for work and work-related activity;

(ii) any amount or additional amount that is included in the calculation of the award under regulation 24 of those Regulations (the child element).

(2) For the purposes of this paragraph, payments made to the eligible student towards a dependent child's maintenance are treated as the dependent child's income.

(3) In this paragraph, “relevant year” means—

(a) in respect of an eligible student's adult dependant, the current academic year;

(b) in respect of an eligible student's dependent child, the applicable financial year determined under paragraph 22.

Applicable financial years: calculating net income of an eligible student's dependent children

22

(1) This paragraph specifies the applicable financial year for the purposes of calculating the net income of an eligible student's dependent child (“C”).

(2) Unless paragraph (3) or (5) applies, the applicable financial year is PY-1.

(3) Where the Welsh Ministers are satisfied that C's net income for CY is likely to be at least 15% lower than C's net income for PY-1, the applicable financial year is CY.

(4) Sub-paragraph (5) applies where the applicable financial year for the previous academic year was the financial year beginning immediately before the first day of the previous academic year.

(5) Where this paragraph applies, the applicable financial year is to be determined as follows—

(a) if the Welsh Ministers are satisfied that C's net income for CY is likely to be at least 15% lower than C's net income for PY, the applicable financial year is CY;

(b) otherwise, the applicable financial year is PY.

PART 6 — Interpretation

Interpretation

23

(1) In this Schedule, any reference to a person's (“A's”) partner means–

(a) A's spouse or civil partner; or

(b) a person ordinarily living with A as if the person were A's spouse or civil partner.

(2) In this Schedule—

“applicable financial year” (“blwyddyn academaidd gymwys”) means the financial year determined in accordance with paragraph 16 or 22;

“current academic year” (“blwyddyn academaidd gyfredol”) means the academic year of the present course in respect of which the eligible student is applying for support;

“CY” (“BG”) means the financial year beginning immediately before the first day of the current academic year;

“financial year” (“blwyddyn ariannol”) means the period of twelve months in respect of which the income of a person is computed for the purposes of the income tax legislation which applies to it;

“PY” (“BF”) means the financial year immediately preceding CY;

“PY-1” (“BF-1”) means the financial year immediately preceding PY;

“pension arrangements order” (“gorchymyn trefniadau pensiwn”) means an order under which a person pays benefits under a pension arrangement to another person under—section 23 of the Matrimonial Causes Act 1973 which includes provision made by virtue of section 25B(4) (and including such an order as it may have effect by virtue of section 25E(3) of that Act) , orPart 1 of Schedule 5 to the Civil Partnership Act 2004 which includes provision made by virtue of Part 6 of that Schedule (and including such an order as it may have effect by virtue of Part 7 of that Schedule);

“public body” (“corff cyhoeddus”) means a state authority or agency whether national, regional or local.

SCHEDULE 4 — Disabled postgraduate student's grant

Disabled postgraduate student's grant

1

(1) A disabled postgraduate student's grant is a grant made available by the Welsh Ministers to an eligible postgraduate student with a disability to assist with additional expenditure in respect of living costs which the student is obliged to incur in connection with undertaking a designated postgraduate course by reason of the student's disability.

(2) In this Schedule, “present postgraduate course” means the course in respect of which a person applies for a disabled postgraduate student's grant under paragraph 17.

Designated postgraduate courses

2

(1) In this Schedule (and for the purposes of section 22 of the 1998 Act), a course is a designated postgraduate course if it satisfies each of the following conditions—

Condition 1 A first degree (or equivalent qualification) or higher is normally required for entry onto the course.

Condition 2 The course is not a sandwich course.

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

Condition 4 The course is provided by a publicly funded institution.

(a) where the course begins before 1 August 2019, it is provided by an institution that before 1 August 2019 was a publicly funded institution;

(b) where the course begins on or after 1 August 2019, it is provided by a Welsh funded institution, a Scottish funded institution, a Northern Irish funded institution or an English regulated institution;

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

Condition 6 The course is not a course for the initial training of teachers or a course taken as part of an employment based teacher training scheme (within the meaning given by regulation 7(2)).

(2) For the purposes of Condition 4—

(a) a 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;

(b) a university and any constituent college, or constituent institution in the nature of a college, of a university is regarded as a publicly funded institution if either the university or the constituent college or institution is a publicly funded institution;

(i) where the course begins before 1 August 2019, it was a connected institution which received a relevant payment before that date, or

(ii) where the course begins on or after 1 August 2019, it is a connected institution which receives a relevant payment.

(3) For the purposes of sub-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; and

(b) “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.

Designation of other postgraduate courses

3

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

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

Eligible postgraduate students

4

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

(a) in connection with a designated postgraduate course the person falls within one of the categories set out—

(i) in paragraph 1(1), 1(2), 2, 2ZA, 2ZB, 2ZC, 3, 4A, 5A, 6A(2)(d)(i), 6B, ... 7A or 8A of Schedule 2, or

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

and none of the exceptions in paragraph 5 of this Schedule apply to the person, or

(b) the person’s circumstances fall within one of the cases set out in paragraph 6.

(1A) This sub-paragraph applies where—

(a) in connection with a designated postgraduate 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(2), 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 this Schedule 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, or

(ii) a designated postgraduate course to which A’s status as an eligible postgraduate student is transferred in accordance with this Schedule.

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

5

(1) A person (“P”) is not an eligible postgraduate student if any of the following exceptions applies— Exception 1 At any one time, P also qualifies for support in connection with a designated course by virtue of these Regulations or any other regulations made under section 22 of the 1998 Act unless the course is one for which a first degree (or equivalent qualification) or higher is a normal entry requirement. Exception 2 In respect of P undertaking the designated postgraduate course, P has been bestowed or paid—

(a) a healthcare bursary,

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) an allowance, bursary or award of similar description made—

(i) by the institution providing the course,

(ii) under section 67(4)(a) of the Care Standards Act 2000 , or under section 46 of the Children and Social Work Act 2017, or

(iii) under section 116(2)(a) of the Regulation and Inspection of Social Care (Wales) Act 2016 where the designated postgraduate course begins before 1 August 2022,

which includes any payment for the purpose of meeting additional expenditure incurred by P by reason of P's disability.

Exception 3 P is in breach of an obligation to repay a student loan. Exception 4 P 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 5 The Welsh Ministers think that P's conduct is such that P is not fit to receive a disabled postgraduate student's grant. Exception 6 P is a prisoner. But P may be an eligible postgraduate student despite being a prisoner if—

(a) P's application for a disabled postgraduate student's grant is in respect of the academic year during which P enters or is released from prison, or

(b) P has been authorised by the prison Governor or Director or other appropriate authority to study the designated postgraduate course and P's earliest release date is within 6 years of the first day of the first academic year of the course.

Exception 7 The 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 or 6BA.

(2) In Exceptions 3 and 4, “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) regulations made under the 1998 Act.

Eligible postgraduate students continuing on a course

6

(1) A person (“P”)—

(a) who has a disability, and

(b) whose circumstances fall within one of the following cases,

is an eligible postgraduate student (accordingly P need not fall within any of the categories of eligible student set out in Schedule 2 and the exceptions set out in paragraph 5 do not apply to P).

(2) The cases are— Case 1

(a) P qualified as an eligible postgraduate student in connection with an earlier academic year of the present postgraduate course, and

(b) P was ordinarily resident in Wales on the first day of the first academic year of the present postgraduate course.

Case 2

(a) P was an eligible postgraduate student in connection with a designated postgraduate course (the “earlier course”) other than the present postgraduate course,

(b) P's status as an eligible postgraduate student in connection with the earlier course has been transferred to the present postgraduate course (see paragraph 15), and

Period of eligibility

7

(1) A student's status as an eligible postgraduate student in connection with a designated postgraduate course is retained until the end of the student's period of eligibility unless terminated in accordance with paragraph 9, 10, 12 or 13.

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

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

8

Where the present postgraduate course is a part-time course, the eligible postgraduate student is not eligible for a disabled postgraduate student's grant 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).

Early termination of eligibility

9

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

(a) P withdraws from P's designated postgraduate course and the Welsh Ministers do not transfer P's status as an eligible postgraduate student under paragraph 15,

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

(c) P also qualifies for support in connection with a designated course by virtue of these Regulations or any other regulations made under section 22 of the 1998 Act unless the course is one for which a first degree (or equivalent qualification) or higher is a normal entry requirement.

Termination due to misconduct or failure to provide accurate information

10

(1) The Welsh Ministers may terminate an eligible postgraduate 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 a disabled postgraduate student's grant.

(2) Sub-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 imposed by this Schedule, or

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

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

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

(b) determine that the student does not qualify for a disabled postgraduate student's grant or an amount of such grant as they think appropriate.

Reinstatement of eligibility after termination

11

(1) Where a student's period of eligibility terminates under paragraph 9 or 10 during the academic year in which the student completes the present postgraduate 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 academic year in which the student completes the designated postgraduate course.

Refugees who cease to have leave to remain

12

(1) This paragraph applies where—

(a) a person (“P”) was a category 2 eligible postgraduate student (see Schedule 2) in connection with an application for a disabled postgraduate student's grant—

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

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

(b) as at the end of the day before the first day of the academic year in respect of which P is applying for a disabled postgraduate student's grant, the refugee status of—

(i) P, or

(ii) the person whose status as a refugee meant that P was a category 2 eligible postgraduate 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 paragraph applies, P's status as an eligible postgraduate student terminates immediately before the first day of the academic year in respect of which P is applying for a disabled postgraduate student's grant.

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

Other persons who cease to have leave to enter or remain

13

(1) This paragraph applies where—

(a) a person (“P”) was a category 3 eligible postgraduate student or an eligible postgraduate student on grounds of humanitarian protection under paragraph 339C of the immigration rules (see Schedule 2) in connection with an application for a disabled postgraduate student's grant—

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

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

(b) as at the end of the day before the first day of the academic year in respect of which P is applying for a disabled postgraduate student's grant, the period for which—

(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 postgraduate student or an eligible postgraduate 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 paragraph applies, P's status as an eligible postgraduate student terminates immediately before the first day of the academic year in respect of which P is applying for a disabled postgraduate student's grant.

Becoming eligible during an academic year

14

(1) Where one of the events in paragraph (3) occurs, the student may become eligible for a disabled postgraduate student's grant.

(2) But the amount of grant payable to the eligible postgraduate student will only be in respect of the academic year from the date that the relevant event occurs.

(3) The events are—

(a) the student's course becomes a designated postgraduate course;

(b) the student becomes an eligible postgraduate student on the grounds that–

(i) the student or the student’s spouse, civil partner or parent is recognised as a refugee, becomes a person granted stateless leave, becomes a person with leave to enter or remain or becomes a person granted humanitarian protection under paragraph 339C of the immigration rules;

(ia) the student or the student’s parent becomes a person with section 67 leave to remain or a person with leave to enter or remain as a protected partner;

(ib) the student becomes a person with Calais leave;

(ic) the student becomes a person with leave to enter or remain as a relevant Afghan citizen or the spouse, civil partner, child or stepchild of such a person;

(id) the student becomes a protected Ukrainian national or the spouse, civil partner, child or stepchild of such a person;

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(iv) where paragraph 4(1A)(a) of this Schedule applies, the student becomes a person described in paragraph 8(1)(a) of Schedule 2;

(v) the student becomes a person described in paragraph 4A(1)(a) of Schedule 2 or, where paragraph 4(1A)(a) of this Schedule applies, in paragraph 4(1)(a) of Schedule 2;

(vi) the student becomes a person described in paragraph 7A(a) of Schedule 2 or, where paragraph 4(1A)(a) of this Schedule applies, in paragraph 7(1)(a) of Schedule 2;

(vii) the student becomes a person described in paragraph 6B(1)(a)(ii) of Schedule 2.

(4) In sub-paragraph (3), the following terms have the same meaning as in Schedule 2—

“immigration rules” (“rheolau mewfudo”);

“parent” (“rhiant”);

“person granted leave to enter or remain as a protected partner” (“person y rhoddwyd caniatâd iddo ddod i mewn neu aros fel partner a ddiogelir”);

“person granted stateless leave” (“person y rhoddwyd caniatâd iddo aros fel person diwladwriaeth”);

“person with Calais leave” (“person sydd â chaniatâd Calais”);

“person with leave to enter or remain” (“person sydd â chaniatâd i ddod i mewn neu i aros”);

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

“person with section 67 leave to remain” (“person sydd â chaniatâd i aros o dan adran 67”);

“protected Ukrainian national” (“gwladolyn Wcreinaidd a ddiogelir”);

“refugee” (“ffoadur”);

Transferring between postgraduate courses

15

(1) Where an eligible postgraduate student transfers from a designated postgraduate course to another designated postgraduate course, the Welsh Ministers must transfer the student's status as an eligible postgraduate student to the other course if—

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

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