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Welsh Statutory Instruments

2025 No. 16 (W. 6)

Education, Wales

The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2025

Made

8 January 2025

Laid before Senedd Cymru

10 January 2025

Coming into force

Regulations 1 to 8, 10 to 18, 21 to 32, 34 to 47 and 49 to 51

3 February 2025

Regulations 9, 19, 20, 33 and 48

6 April 2025

The Welsh Ministers make the following Regulations in exercise of the powers conferred upon the Secretary of State by sections 1 and 2 of the Education (Fees and Awards) Act 1983(1) and sections 22(1)(a) and (2)(a) and (c), and 42(6) of the Teaching and Higher Education Act 1998(2), and now exercisable by them(3), and powers conferred on them under sections 5(5)(b) and 55(2) of the Higher Education (Wales) Act 2015(4).

PART 1Title, coming into force and application

Title and coming into force

regulation 1 1.—(1) The title of these Regulations is the Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2025.

(2) These Regulations come into force on 3 February 2025, subject to paragraph (3).

(3) Regulations 9, 19, 20, 33 and 48 (amendments relating to non-domiciled status) come into force on 6 April 2025.

Application

regulation 2 2.—(1) The following regulations apply in relation to the provision of support, and to fees and awards applicable, in relation to an academic year which begins on or after 1 August 2025, whether or not anything done under these Regulations is done before, on or after that date—

regulation 2 1 a (a)regulations 6, 13, 16, 17, 18, 25, 26, 27, 28, 29, 38, 39, 46 and 47 (students settled in the United Kingdom during the academic year);

regulation 2 1 b (b)regulations 31 and 32 (amendments to grant for travel – care leavers).

(2) Regulations 5, 12, 24, 37 and 45 (British citizens of Chagossian descent) apply in relation to the provision of support, and to fees and awards applicable, in relation to an academic year which begins on or after 1 August 2025 in respect of a course which began on or after 1 August 2023, whether or not anything done under these Regulations is done before, on or after 1 August 2025.

PART 2Amendments to the Education (Fees and Awards) (Wales) Regulations 2007

CHAPTER 1Introduction

regulation 3 3.  The Education (Fees and Awards) (Wales) Regulations 2007(5) are amended in accordance with this Part.

CHAPTER 2Amendment relating to Ukraine schemes

regulation 4 4.  In the Schedule, in paragraph 1, in the definition of “protected Ukrainian national”, for paragraph (a) (but not the “or” after it) substitute—

(a)under Appendix Ukraine Scheme of the immigration rules, by virtue of any of the following schemes—

(i)the Ukraine Family Scheme(6);

(ii)the Homes for Ukraine Sponsorship Scheme(7);

(iii)the Ukraine Extension Scheme(8);

(iv)the Ukraine Permission Extension Scheme(9);.

CHAPTER 3British citizens of Chagossian descent

regulation 5 5.  In the Schedule, in paragraph 9C—

regulation 5 a (a)in sub-paragraph (1)—

regulation 5 a i (i)at the beginning insert “Subject to sub-paragraphs (3) and (4), ”;

regulation 5 a ii (ii)after paragraph (a)(i) omit “or”;

regulation 5 a iii (iii)after paragraph (a)(ii) insert—

or

(iii)a British citizen who—

(aa)was born in the British Indian Ocean Territory or, before 8 November 1965, in those islands designated as the British Indian Ocean Territory on that date; or

(bb)is a direct descendant of a person who was born in the British Indian Ocean Territory or, before 8 November 1965, in those islands designated as the British Indian Ocean Territory on that date;;

regulation 5 b (b)after sub-paragraph (2) insert—

(3) For the purposes of paragraphs (c) and (d) of sub-paragraph (1), a person mentioned in paragraph (a)(iii) of sub-paragraph (1) is treated as being ordinarily resident in the specified British overseas territories in any period before the first day of the first academic year of the course in which they are not ordinarily resident in the United Kingdom or the Islands.

(4) Paragraph (e) of sub-paragraph (1) does not apply to a person mentioned in paragraph (a)(iii) of that sub-paragraph.

CHAPTER 4Students settled in the United Kingdom during the academic year

regulation 6 6.  In the Schedule—

regulation 6 a (a)in paragraph 2(1), omit “on the first day of the first academic year of the course”;

regulation 6 b (b)in paragraph 2(1)(b), at the end insert “on the first day of the first academic year of the course”;

regulation 6 c (c)in paragraph 2A(1)(a), omit “on the day on which the first term of the first academic year actually begins”;

regulation 6 d (d)in paragraph 9C(1)(a)(i), omit “on the first day of the first academic year of the course”.

PART 3Amendments to the Education (European University Institute) (Wales) Regulations 2014

CHAPTER 1Introduction

regulation 7 7.  The Education (European University Institute) (Wales) Regulations 2014(10) are amended in accordance with this Part.

CHAPTER 2Amendment relating to Ukraine schemes

regulation 8 8.  In regulation 3(1), in the definition of “protected Ukrainian national”, for paragraph (a) (but not the “or” after it) substitute—

(a)under Appendix Ukraine Scheme of the immigration rules, by virtue of any of the following schemes—

(i)the Ukraine Family Scheme(11);

(ii)the Homes for Ukraine Sponsorship Scheme(12);

(iii)the Ukraine Extension Scheme(13);

(iv)the Ukraine Permission Extension Scheme(14);.

CHAPTER 3Amendment relating to non-domiciled status

regulation 9 9.  In Schedule 2 (student’s contribution), in paragraph 4(6)(a), omit “or domiciled” in the first place it occurs.

PART 4Amendments to the Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015

CHAPTER 1Introduction

regulation 10 10.  The Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015(15) are amended in accordance with this Part.

CHAPTER 2Amendment relating to Ukraine schemes

regulation 11 11.  In the Schedule, in paragraph 1(1), in the definition of “protected Ukrainian national”, for paragraph (a) (but not the “or” after it) substitute—

(a)under Appendix Ukraine Scheme of the immigration rules, by virtue of any of the following schemes—

(i)the Ukraine Family Scheme(16);

(ii)the Homes for Ukraine Sponsorship Scheme(17);

(iii)the Ukraine Extension Scheme(18);

(iv)the Ukraine Permission Extension Scheme(19);.

CHAPTER 3British citizens of Chagossian descent

regulation 12 12.  In the Schedule, in paragraph 9C—

regulation 12 a (a)in sub-paragraph (1)—

regulation 12 a i (i)at the beginning insert “Subject to sub-paragraphs (3) and (4), ”;

regulation 12 a ii (ii)after paragraph (a)(i) omit “or”;

regulation 12 a iii (iii)after paragraph (a)(ii) insert—

or

(iii)a British citizen who—

(aa)was born in the British Indian Ocean Territory or, before 8 November 1965, in those islands designated as the British Indian Ocean Territory on that date; or

(bb)is a direct descendant of a person who was born in the British Indian Ocean Territory or, before 8 November 1965, in those islands designated as the British Indian Ocean Territory on that date;;

regulation 12 b (b)after sub-paragraph (2) insert—

(3) For the purposes of paragraphs (c) and (d) of sub-paragraph (1), a person mentioned in paragraph (a)(iii) of sub-paragraph (1) is treated as being ordinarily resident in the specified British overseas territories in any period before the first day of the first academic year of the course in which they are not ordinarily resident in the United Kingdom or the Islands.

(4) Paragraph (e) of sub-paragraph (1) does not apply to a person mentioned in paragraph (a)(iii) of that sub-paragraph.

CHAPTER 4Students settled in the United Kingdom during the academic year

regulation 13 13.  In the Schedule—

regulation 13 a (a)in paragraph 2(1), omit “on the first day of the first academic year of the course”;

regulation 13 b (b)in paragraph 2(1)(b), at the end insert “on the first day of the first academic year of the course”;

regulation 13 c (c)in paragraph 2A(1)(a), omit “on the day on which the first term of the first academic year actually begins”;

regulation 13 d (d)in paragraph 9C(1)(a)(i), omit “on the first day of the first academic year of the course”.

PART 5Amendments to the Education (Student Support) (Wales) Regulations 2017

CHAPTER 1Introduction

regulation 14 14.  The Education (Student Support) (Wales) Regulations 2017(20) are amended in accordance with this Part.

CHAPTER 2Amendment relating to Ukraine schemes

regulation 15 15.  In regulation 2(1), in the definition of “protected Ukrainian national”, for paragraph (a) (but not the “or” after it) substitute—

(a)under Appendix Ukraine Scheme of the immigration rules, by virtue of any of the following schemes—

(i)the Ukraine Family Scheme(21);

(ii)the Homes for Ukraine Sponsorship Scheme(22);

(iii)the Ukraine Extension Scheme(23);

(iv)the Ukraine Permission Extension Scheme(24);.

CHAPTER 3Students settled in the United Kingdom during the academic year

regulation 16 16.  In each of regulations 15(e) and 82(4)(f), and paragraph 6(d) of Schedule 4, for “paragraph 3(1)(a)” substitute “paragraph 2(1)(a), 2A(1)(a) or 3(1)(a)”.

regulation 17 17.  In each of regulations 23(12)(d), 49(2)(d) and 111(2)(d), for “paragraph 3(1)(a)” substitute “paragraph 2(1)(a) or 3(1)(a)”.

regulation 18 18.  In Schedule 1 (eligible students)—

regulation 18 a (a)in paragraph 2(1), omit “on the first day of the first academic year of the course”;

regulation 18 b (b)in paragraph 2(1)(b), at the end insert “on the first day of the first academic year of the course”;

regulation 18 c (c)in paragraph 2A(1)(a), omit “on the day on which the first term of the first academic year actually begins”.

CHAPTER 4Amendments relating to non-domiciled status

regulation 19 19.  In Schedule 5 (financial assessment), in paragraph 5(6)(a), omit “or domiciled” in the first place it occurs.

regulation 20 20.  In Schedule 6 (financial assessment – part-time grants for dependants), in paragraph 4(6)(a), for “A is not resident, ordinarily resident or domiciled in the United Kingdom” substitute “A is not resident or ordinarily resident in the United Kingdom”.

CHAPTER 5Corrections

regulation 21 21.  In each of regulations 4(10F)(b), 81(10F)(b) and 110(12F)(b), after “protected Ukrainian national” insert “is allowed to stay in the United Kingdom”.

PART 6Amendments to the Education (Student Support) (Wales) Regulations 2018

CHAPTER 1Introduction

regulation 22 22.  The Education (Student Support) (Wales) Regulations 2018(25) are amended in accordance with this Part.

CHAPTER 2Amendment relating to Ukraine schemes

regulation 23 23.  In Schedule 2 (categories of eligible student), in paragraph 2ZC(2), for paragraph (a) (but not the “or” after it) substitute—

(a)under Appendix Ukraine Scheme of the immigration rules, by virtue of any of the following schemes—

(i)the Ukraine Family Scheme(26);

(ii)the Homes for Ukraine Sponsorship Scheme(27);

(iii)the Ukraine Extension Scheme(28);

(iv)the Ukraine Permission Extension Scheme(29),.

CHAPTER 3British citizens of Chagossian descent

regulation 24 24.  In Schedule 2 (categories of eligible student), in paragraph 6BB—

regulation 24 a (a)in sub-paragraph (1)—

regulation 24 a i (i)at the beginning insert “Subject to sub-paragraphs (3) and (4), ”;

regulation 24 a ii (ii)in paragraph (a), the words from “settled” to the end become sub-paragraph (i);

regulation 24 a iii (iii)after that sub-paragraph (i) insert—

or

(ii)a British citizen who—

(aa)was born in the British Indian Ocean Territory or, before 8 November 1965, in those islands designated as the British Indian Ocean Territory on that date, or

(bb)is a direct descendant of a person who was born in the British Indian Ocean Territory or, before 8 November 1965, in those islands designated as the British Indian Ocean Territory on that date,;

regulation 24 b (b)after sub-paragraph (2) insert—

(3) For the purposes of paragraphs (c) and (d) of sub-paragraph (1), a person mentioned in paragraph (a)(ii) of sub-paragraph (1) is treated as being ordinarily resident in the specified British overseas territories in any period before the first day of the first academic year of the course in which they are not ordinarily resident in the United Kingdom or the Islands.

(4) Paragraphs (e) and (f) of sub-paragraph (1) do not apply to a person mentioned in paragraph (a)(ii) of that sub-paragraph.

CHAPTER 4Students settled in the United Kingdom during the academic year

regulation 25 25.  In regulation 80(2)(b)(iv), for “paragraph 1(2)(a)” substitute “paragraph 1(1)(a), (2)(a) or (3)(a), or 6BB”.

regulation 26 26.  In regulation 81(3)(b)(iii), for “paragraph 1(2)(a)” substitute “paragraph 1(1)(a) or (2)(a)”.

regulation 27 27.  In Schedule 2 (categories of eligible student)—

regulation 27 a (a)in paragraph 1(1)(a), omit “on the first day of the first academic year of the course”;

regulation 27 b (b)in paragraph 1(1)(a)(ii), at the end insert “on the first day of the first academic year of the course”;

regulation 27 c (c)in paragraph 1(3)(a), omit “on the day on which the first term of the first academic year actually begins”;

regulation 27 d (d)in paragraph 6BB(1)(a)(i) (as renumbered by regulation 24(a)(ii) of these Regulations), omit “on the first day of the first academic year of the course”.

regulation 28 28.  In Schedule 4 (disabled postgraduate student’s grant), in paragraph 14(3)(b)(iii), for “paragraph 1(2)(a)” substitute “paragraph 1(1)(a) or (2)(a)”.

regulation 29 29.  In Schedule 5 (Oxbridge college fee loans), in paragraph 4(2)(d), for “paragraph 1(2)(a)” substitute “paragraph 1(1)(a), (2)(a) or (3)(a), or 6BB”.

CHAPTER 5Amendment to disabled student’s grant – sandwich years

regulation 30 30.  In regulation 62 (qualifying conditions for disabled student’s grant), in paragraph (2), in Exception 6, at the end insert—

But this exception does not apply in respect of a disabled student’s grant so far as it relates to the provision of technical support, repairs or replacement in respect of equipment belonging to the student, where—

(a)that equipment was—

(i)funded wholly or partly by a disabled student’s grant, or

(ii)approved by the Welsh Ministers for use by the student for the purposes of a disabled student’s grant, and

(b)the disabled student’s grant referred to in paragraph (a) was approved in respect of—

(i)a previous academic year of the present course, or

(ii)an academic year of a previous course, where the student has received confirmation from the Welsh Ministers that that grant will be transferred to the present course.

CHAPTER 6Amendments to grant for travel – care leavers

regulation 31 31.  In regulation 65 (grant for travel for medical students), in paragraph (3), in Step 2, after “year”, in the first place it occurs, insert “or the eligible student is a care leaver within the meaning given by regulation 49”.

regulation 32 32.  In regulation 66 (grant for travel for study or work overseas), in paragraph (2), in the definition of Y, in paragraph (a), at the end insert “or the eligible student is a care leaver within the meaning given by regulation 49”.

CHAPTER 7Amendment relating to non-domiciled status

regulation 33 33.  In Schedule 3 (calculation of income), in paragraph 18(2), in Reason 1, in paragraph (a), omit “or domiciled”.

CHAPTER 8Corrections to the Welsh language text

regulation 34 34.  In the Welsh language text—

regulation 34 a (a)in Schedule 2, in paragraph 3—

regulation 34 a i (i)in sub-paragraph (2)(b), for “ddyddiad y cais i gael caniatâd i aros” substitute “ddyddiad y cais i gael caniatâd i ddod i mewn neu i aros”;

regulation 34 a ii (ii)in sub-paragraph (3)(b), for “ddyddiad y cais i gael caniatâd i aros” substitute “ddyddiad y cais i gael caniatâd i ddod i mewn neu i aros”;

regulation 34 a iii (iii)in sub-paragraph (5), for “dyddiad y cais i gael caniatâd i aros” substitute “dyddiad y cais i gael caniatâd i ddod i mewn neu i aros”;

regulation 34 b (b)in Schedule 7, in paragraph 1, in Table 16, in the first column (ymadrodd), for “dyddiad y cais i gael caniatâd i aros” substitute “dyddiad y cais i gael caniatâd i ddod i mewn neu i aros”.

PART 7Amendments to the Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 2018

CHAPTER 1Introduction

regulation 35 35.  The Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 2018(30) are amended in accordance with this Part.

CHAPTER 2Amendment relating to Ukraine schemes

regulation 36 36.  In regulation 2(1), in the definition of “protected Ukrainian national”, for paragraph (a) (but not the “or” after it) substitute—

(a)under Appendix Ukraine Scheme of the immigration rules, by virtue of any of the following schemes—

(i)the Ukraine Family Scheme(31);

(ii)the Homes for Ukraine Sponsorship Scheme(32);

(iii)the Ukraine Extension Scheme(33);

(iv)the Ukraine Permission Extension Scheme(34);.

CHAPTER 3British citizens of Chagossian descent

regulation 37 37.  In Schedule 1 (eligible students), in paragraph 10BB—

regulation 37 a (a)in sub-paragraph (1)—

regulation 37 a i (i)at the beginning insert “Subject to sub-paragraphs (3) and (4), ”;

regulation 37 a ii (ii)in paragraph (a), the words from “settled” to the end become sub-paragraph (i);

regulation 37 a iii (iii)after that sub-paragraph (i) insert—

or

(ii)a British citizen who—

(aa)was born in the British Indian Ocean Territory or, before 8 November 1965, in those islands designated as the British Indian Ocean Territory on that date; or

(bb)is a direct descendant of a person who was born in the British Indian Ocean Territory or, before 8 November 1965, in those islands designated as the British Indian Ocean Territory on that date;;

regulation 37 b (b)after sub-paragraph (2) insert—

(3) For the purposes of paragraphs (c) and (d) of sub-paragraph (1), a person mentioned in paragraph (a)(ii) of sub-paragraph (1) is treated as being ordinarily resident in the specified British overseas territories in any period before the first day of the first academic year of the course in which they are not ordinarily resident in the United Kingdom or the Islands.

(4) Paragraphs (e) and (f) of sub-paragraph (1) do not apply to a person mentioned in paragraph (a)(ii) of that sub-paragraph.

CHAPTER 4Students settled in the United Kingdom during the academic year

regulation 38 38.  In regulation 8(e), for “paragraph 3(1)(a)” substitute “paragraph 2(1)(a), 2A(1)(a), 3(1)(a) or 10BB”.

regulation 39 39.  In Schedule 1 (eligible students)—

regulation 39 a (a)in paragraph 2(1), omit “on the first day of the first academic year of the course”;

regulation 39 b (b)in paragraph 2(1)(b), at the end insert “on the first day of the first academic year of the course”;

regulation 39 c (c)in paragraph 2A(1)(a), omit “on the day on which the first term of the first academic year actually begins”;

regulation 39 d (d)in paragraph 10BB(1)(a)(i) (as renumbered by regulation 37(a)(ii) of these Regulations), omit “on the first day of the first academic year of the course”.

CHAPTER 5Amendments relating to the KESS 2 Scheme

regulation 40 40.  In regulation 2(1), omit the definition of “KESS 2 Scheme”.

regulation 41 41.  In regulation 3(3)—

regulation 41 a (a)after sub-paragraph (k) insert “or”;

regulation 41 b (b)omit sub-paragraph (m) and the “or” before it.

regulation 42 42.  In regulation 14—

regulation 42 a (a)in paragraph (8), omit sub-paragraph (e);

regulation 42 b (b)in paragraph (11), omit sub-paragraph (e) and the “and” before it.

PART 8Amendments to the Education (Student Support) (Postgraduate Master’s Degrees) (Wales) Regulations 2019

CHAPTER 1Introduction

regulation 43 43.  The Education (Student Support) (Postgraduate Master’s Degrees) (Wales) Regulations 2019(35) are amended in accordance with this Part.

CHAPTER 2Amendment relating to Ukraine schemes

regulation 44 44.  In Schedule 2 (categories of eligible students), in paragraph 2C(2), for paragraph (a) (but not the “or” after it) substitute—

(a)under Appendix Ukraine Scheme of the immigration rules, by virtue of any of the following schemes—

(i)the Ukraine Family Scheme(36);

(ii)the Homes for Ukraine Sponsorship Scheme(37);

(iii)the Ukraine Extension Scheme(38);

(iv)the Ukraine Permission Extension Scheme(39),.

CHAPTER 3British citizens of Chagossian descent

regulation 45 45.  In Schedule 2 (categories of eligible students), in paragraph 8BB—

regulation 45 a (a)in sub-paragraph (1)—

regulation 45 a i (i)at the beginning insert “Subject to sub-paragraphs (3) and (4), ”;

regulation 45 a ii (ii)in paragraph (a), the words from “settled” to the end become sub-paragraph (i);

regulation 45 a iii (iii)after that sub-paragraph (i) insert—

or

(ii)a British citizen who—

(aa)was born in the British Indian Ocean Territory or, before 8 November 1965, in those islands designated as the British Indian Ocean Territory on that date, or

(bb)is a direct descendant of a person who was born in the British Indian Ocean Territory or, before 8 November 1965, in those islands designated as the British Indian Ocean Territory on that date,;

regulation 45 b (b)after sub-paragraph (2) insert—

(3) For the purposes of paragraphs (c) and (d) of sub-paragraph (1), a person mentioned in paragraph (a)(ii) of sub-paragraph (1) is treated as being ordinarily resident in the specified British overseas territories in any period before the first day of the first academic year of the course in which they are not ordinarily resident in the United Kingdom or the Islands.

(4) Paragraphs (e) and (f) of sub-paragraph (1) do not apply to a person mentioned in paragraph (a)(ii) of that sub-paragraph.

CHAPTER 4Students settled in the United Kingdom during the academic year

regulation 46 46.  In regulation 16(1)(b)(iv), for “paragraph 1(2)(a)” substitute “paragraph 1(1)(a), (2)(a) or (3)(a), or 8BB”.

regulation 47 47.  In Schedule 2 (categories of eligible students)—

regulation 47 a (a)in paragraph 1(1)(a), omit “on the first day of the first academic year of the course”;

regulation 47 b (b)in paragraph 1(1)(a)(ii), at the end insert “on the first day of the first academic year of the course”;

regulation 47 c (c)in paragraph 1(3)(a), omit “on the day on which the first term of the first academic year actually begins”;

regulation 47 d (d)in paragraph 8BB(1)(a)(i) (as renumbered by regulation 45(a)(ii) of these Regulations), omit “on the first day of the first academic year of the course”.

CHAPTER 5Amendment relating to non-domiciled status

regulation 48 48.  In Schedule 3 (calculation of income), in paragraph 18(2), in Reason 1, in paragraph (a), omit “or domiciled”.

CHAPTER 6Amendments relating to the KESS 2 Scheme

regulation 49 49.  In regulation 10(1), in Exception 9, omit paragraph (e).

regulation 50 50.  In Schedule 1, in paragraph 3(1), omit the definition of “KESS 2 Scheme”.

regulation 51 51.  In Schedule 4, in paragraph 1, in Table 3, omit the entry for “KESS 2 Scheme”.

Vikki Howells

Minister for Further and Higher Education, under authority of the Cabinet Secretary for Education, one of the Welsh Ministers

8 January 2025

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, which are in eight Parts, amend various Regulations which make provision about, and in connection with, student finance.

Part 1 makes provision about the coming into force and application of these Regulations.

Parts 2 to 8 make amendments to the following Regulations—

(a)Part 2 amends the Education (Fees and Awards) (Wales) Regulations 2007 (“the 2007 Regulations”),

(b)Part 3 amends the Education (European University Institute) (Wales) Regulations 2014 (“the 2014 Regulations”),

(c)Part 4 amends the Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015 (“the 2015 Regulations”),

(d)Part 5 amends the Education (Student Support) (Wales) Regulations 2017 (“the 2017 Regulations”),

(e)Part 6 amends the Education (Student Support) (Wales) Regulations 2018 (“the 2018 Regulations”),

(f)Part 7 amends the Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 2018 (“the Doctoral Degree Loan Regulations”), and

(g)Part 8 amends the Education (Student Support) (Postgraduate Master’s Degrees) (Wales) Regulations 2019 (“the 2019 Regulations”).

Amendments made by these Regulations—

p00009 (a)update the definition of a “protected Ukrainian national” in the 2007 Regulations, the 2014 Regulations, the 2015 Regulations, the 2017 Regulations, the 2018 Regulations, the Doctoral Degree Loan Regulations and the 2019 Regulations to include persons who are granted leave to remain in the United Kingdom under the new Ukraine Permission Extension Scheme, so that such persons are eligible for home fee status, the fee limits and student support,

(b)provide for certain categories of students in the 2007 Regulations, the 2015 Regulations, the 2017 Regulations, the 2018 Regulations, the Doctoral Degree Loan Regulations and the 2019 Regulations, which require a student to be settled in the United Kingdom, to become eligible for home fee status, the fee limits and student support when they acquire their settled status during an academic year,

(c)update the categories of students in the 2007 Regulations, the 2015 Regulations, the 2018 Regulations, the Doctoral Degree Loan Regulations and the 2019 Regulations, relating to persons settled in the United Kingdom from the British overseas territories, to provide for British citizens of Chagossian descent to satisfy the ordinary residence requirements under those categories, so that such persons are eligible for home fee status, the fee limits and student support,

(d)provide for students undertaking a sandwich year to qualify for a disabled student’s grant under the 2018 Regulations, so far as it relates to the provision of technical support, repairs or replacement in respect of equipment previously provided or approved for them under such a grant,

(e)provide for students who are care leavers to qualify for the lower deduction available when calculating the amount of grant for travel payable to them under the 2018 Regulations,

(f)omit references to domicile in provisions relating to the calculation or treatment of income under the 2014 Regulations, the 2017 Regulations, the 2018 Regulations and the 2019 Regulations, which will become redundant as a result of changes to the taxation of non-UK domiciled individuals from 6 April 2025,

(g)make corrections to the 2017 Regulations and the 2018 Regulations, in connection with amendments made to each of those Regulations by the Education (Student Finance) (Miscellaneous Amendments) (No. 3) (Wales) Regulations 2023, to clarify the extent of a particular period of time and to replace an erroneous term in the Welsh language text respectively, and

(h)omit redundant provisions relating to the KESS 2 Scheme in the Doctoral Degree Loan Regulations and the 2019 Regulations, which are redundant as a result of the closure of that scheme.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Strategy and Funding Division, Welsh Government, Cathays Park, Cardiff, CF10 3NQ.

(1)

1983 c. 40; section 1 was amended by the Education Reform Act 1988 (c. 40), Schedule 12, paragraph 91; the Further and Higher Education Act 1992 (c. 13), Schedule 8, paragraph 19; the Education Act 1994 (c. 30), Schedule 2, paragraph 7; the Education Act 1996 (c. 56), Schedule 37, paragraph 57; the Learning and Skills Act 2000 (c. 21), Schedule 9, paragraphs 1 and 11; the Education Act 2002 (c. 32), Schedule 21, paragraph 5 and Schedule 22; the Education Act 2005 (c. 18), Schedule 14, paragraph 9; S.I. 2005/3238 (W. 243), Schedule 1, paragraph 9; S.I. 2010/1080, Schedule 1, paragraph 12; S.I. 2010/1158, Schedule 2, paragraph 1; the Education Act 2011 (c. 21), Schedule 5, paragraph 5 and Schedule 16, paragraph 5; and the Deregulation Act 2015 (c. 20), Schedule 14, paragraph 33. Section 2 was amended by the Teaching and Higher Education Act 1998 (c. 30), section 44 and Schedule 4.

(2)

1998 c. 30; section 22(1) was amended by the Learning and Skills Act 2000, section 146(2)(a). See section 43(1) of the Teaching and Higher Education Act 1998 for the definitions of “prescribed” and “regulations”.

(3)

The functions of the Secretary of State in section 1 of the Education (Fees and Awards) Act 1983 were transferred to the National Assembly for Wales, so far as exercisable in relation to Wales, by the National Assembly for Wales (Transfer of Functions) Order 2006, article 2(a) (S.I. 2006/1458) with effect from 8 June 2006. The functions of the Secretary of State in section 2 of that Act were transferred to the National Assembly for Wales, so far as exercisable in relation to Wales, by the National Assembly for Wales (Transfer of Functions) Order 1999, article 2 and Schedule 1 (S.I. 1999/672) with effect from 1 July 1999. The function of the Secretary of State in section 22(1) of the Teaching and Higher Education Act 1998 was transferred to the National Assembly for Wales, so far as it relates to making provision in relation to Wales, by section 44 of the Higher Education Act 2004 (c. 8). Section 44 of the Higher Education Act 2004 also provided that the functions in section 22(2)(a) and (c) of the Teaching and Higher Education Act 1998 were to be exercised by the National Assembly for Wales concurrently with the Secretary of State, so far as they relate to making provision in relation to Wales. The Secretary of State’s function in section 42(6) of the Teaching and Higher Education Act 1998, in so far as being exercisable in relation to Wales, was transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999, article 2 and Schedule 1 (S.I. 1999/672). The functions of the National Assembly for Wales were transferred to the Welsh Ministers by virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32).

(4)

2015 anaw 1. See section 57(1) for the definitions of “prescribed” and “regulations”.

(5)

S.I. 2007/2310 (W. 181), relevant amendments are S.I. 2021/481 (W. 148), S.I. 2021/1365 (W. 360), S.I. 2022/764 (W. 166) and S.I. 2023/87 (W. 17). There are other amending instruments but none are relevant.

(6)

The Ukraine Family Scheme closed to new applications at 15:00GMT on 19 February 2024. This scheme was set out under paragraphs UKR 1.1 to UKR 10.2 of Appendix Ukraine Scheme of the immigration rules (https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-ukraine-scheme). Home Office guidance in relation to this scheme is available here: https://www.gov.uk/guidance/apply-for-a-ukraine-family-scheme-visa.

(7)

The Homes for Ukraine Sponsorship Scheme is set out under paragraphs UKR 11.1 to UKR 20.2 of Appendix Ukraine Scheme of the immigration rules (https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-ukraine-scheme). Home Office guidance in relation to this scheme is available here: https://www.gov.uk/guidance/apply-for-a-visa-under-the-ukraine-sponsorship-scheme.

(8)

The Ukraine Extension Scheme is set out under paragraphs UKR 21.1 to UKR 28.2 of Appendix Ukraine Scheme of the immigration rules (https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-ukraine-scheme). Home Office guidance in relation to this scheme is available here: https://www.gov.uk/guidance/apply-to-stay-in-the-uk-under-the-ukraine-extension-scheme.

(9)

The Ukraine Permission Extension Scheme was announced by the Home Office on 19 February 2024 and scheduled to open during the 2024/25 academic year. This scheme will enable individuals who have come to the United Kingdom through one of the other Ukraine schemes listed above to apply for an additional 18 months of permission to remain in the United Kingdom. Home Office guidance in relation to this scheme is available here: https://www.gov.uk/guidance/applying-to-the-ukraine-permission-extension-scheme.

(10)

S.I. 2014/3037 (W. 303), relevant amendments are S.I. 2020/1302 (W. 287) and S.I. 2022/764 (W. 166). There are other amending instruments but none are relevant.

(11)

The Ukraine Family Scheme closed to new applications at 15:00GMT on 19 February 2024. This scheme was set out under paragraphs UKR 1.1 to UKR 10.2 of Appendix Ukraine Scheme of the immigration rules (https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-ukraine-scheme). Home Office guidance in relation to this scheme is available here: https://www.gov.uk/guidance/apply-for-a-ukraine-family-scheme-visa.

(12)

The Homes for Ukraine Sponsorship Scheme is set out under paragraphs UKR 11.1 to UKR 20.2 of Appendix Ukraine Scheme of the immigration rules (https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-ukraine-scheme). Home Office guidance in relation to this scheme is available here: https://www.gov.uk/guidance/apply-for-a-visa-under-the-ukraine-sponsorship-scheme.

(13)

The Ukraine Extension Scheme is set out under paragraphs UKR 21.1 to UKR 28.2 of Appendix Ukraine Scheme of the immigration rules (https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-ukraine-scheme). Home Office guidance in relation to this scheme is available here: https://www.gov.uk/guidance/apply-to-stay-in-the-uk-under-the-ukraine-extension-scheme.

(14)

The Ukraine Permission Extension Scheme was announced by the Home Office on 19 February 2024 and scheduled to open during the 2024/25 academic year. This scheme will enable individuals who have come to the United Kingdom through one of the other Ukraine schemes listed above to apply for an additional 18 months of permission to remain in the United Kingdom. Home Office guidance in relation to this scheme is available here: https://www.gov.uk/guidance/applying-to-the-ukraine-permission-extension-scheme.

(15)

S.I. 2015/1484 (W. 163), relevant amendments are S.I. 2021/481 (W. 148), S.I. 2021/1365 (W. 360), S.I. 2022/764 (W. 166) and S.I. 2023/87 (W. 17). There are other amending instruments but none are relevant.

(16)

The Ukraine Family Scheme closed to new applications at 15:00GMT on 19 February 2024. This scheme was set out under paragraphs UKR 1.1 to UKR 10.2 of Appendix Ukraine Scheme of the immigration rules (https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-ukraine-scheme). Home Office guidance in relation to this scheme is available here: https://www.gov.uk/guidance/apply-for-a-ukraine-family-scheme-visa.

(17)

The Homes for Ukraine Sponsorship Scheme is set out under paragraphs UKR 11.1 to UKR 20.2 of Appendix Ukraine Scheme of the immigration rules (https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-ukraine-scheme). Home Office guidance in relation to this scheme is available here: https://www.gov.uk/guidance/apply-for-a-visa-under-the-ukraine-sponsorship-scheme.

(18)

The Ukraine Extension Scheme is set out under paragraphs UKR 21.1 to UKR 28.2 of Appendix Ukraine Scheme of the immigration rules (https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-ukraine-scheme). Home Office guidance in relation to this scheme is available here: https://www.gov.uk/guidance/apply-to-stay-in-the-uk-under-the-ukraine-extension-scheme.

(19)

The Ukraine Permission Extension Scheme was announced by the Home Office on 19 February 2024 and scheduled to open during the 2024/25 academic year. This scheme will enable individuals who have come to the United Kingdom through one of the other Ukraine schemes listed above to apply for an additional 18 months of permission to remain in the United Kingdom. Home Office guidance in relation to this scheme is available here: https://www.gov.uk/guidance/applying-to-the-ukraine-permission-extension-scheme.

(20)

S.I. 2017/47 (W. 21), relevant amendments are S.I. 2020/1302 (W. 287), S.I. 2021/481 (W. 148), S.I. 2021/1365 (W. 360), S.I. 2022/764 (W. 166) and S.I. 2023/1349 (W. 243). There are other amending instruments but none are relevant.

(21)

The Ukraine Family Scheme closed to new applications at 15:00GMT on 19 February 2024. This scheme was set out under paragraphs UKR 1.1 to UKR 10.2 of Appendix Ukraine Scheme of the immigration rules (https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-ukraine-scheme). Home Office guidance in relation to this scheme is available here: https://www.gov.uk/guidance/apply-for-a-ukraine-family-scheme-visa.

(22)

The Homes for Ukraine Sponsorship Scheme is set out under paragraphs UKR 11.1 to UKR 20.2 of Appendix Ukraine Scheme of the immigration rules (https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-ukraine-scheme). Home Office guidance in relation to this scheme is available here: https://www.gov.uk/guidance/apply-for-a-visa-under-the-ukraine-sponsorship-scheme.

(23)

The Ukraine Extension Scheme is set out under paragraphs UKR 21.1 to UKR 28.2 of Appendix Ukraine Scheme of the immigration rules (https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-ukraine-scheme). Home Office guidance in relation to this scheme is available here: https://www.gov.uk/guidance/apply-to-stay-in-the-uk-under-the-ukraine-extension-scheme.

(24)

The Ukraine Permission Extension Scheme was announced by the Home Office on 19 February 2024 and scheduled to open during the 2024/25 academic year. This scheme will enable individuals who have come to the United Kingdom through one of the other Ukraine schemes listed above to apply for an additional 18 months of permission to remain in the United Kingdom. Home Office guidance in relation to this scheme is available here: https://www.gov.uk/guidance/applying-to-the-ukraine-permission-extension-scheme.

(26)

The Ukraine Family Scheme closed to new applications at 15:00GMT on 19 February 2024. This scheme was set out under paragraphs UKR 1.1 to UKR 10.2 of Appendix Ukraine Scheme of the immigration rules (https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-ukraine-scheme). Home Office guidance in relation to this scheme is available here: https://www.gov.uk/guidance/apply-for-a-ukraine-family-scheme-visa.

(27)

The Homes for Ukraine Sponsorship Scheme is set out under paragraphs UKR 11.1 to UKR 20.2 of Appendix Ukraine Scheme of the immigration rules (https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-ukraine-scheme). Home Office guidance in relation to this scheme is available here: https://www.gov.uk/guidance/apply-for-a-visa-under-the-ukraine-sponsorship-scheme.

(28)

The Ukraine Extension Scheme is set out under paragraphs UKR 21.1 to UKR 28.2 of Appendix Ukraine Scheme of the immigration rules (https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-ukraine-scheme). Home Office guidance in relation to this scheme is available here: https://www.gov.uk/guidance/apply-to-stay-in-the-uk-under-the-ukraine-extension-scheme.

(29)

The Ukraine Permission Extension Scheme was announced by the Home Office on 19 February 2024 and scheduled to open during the 2024/25 academic year. This scheme will enable individuals who have come to the United Kingdom through one of the other Ukraine schemes listed above to apply for an additional 18 months of permission to remain in the United Kingdom. Home Office guidance in relation to this scheme is available here: https://www.gov.uk/guidance/applying-to-the-ukraine-permission-extension-scheme.

(30)

S.I. 2018/656 (W. 124), relevant amendments are S.I. 2020/1302 (W. 287), S.I. 2021/481 (W. 148), S.I. 2021/1365 (W. 360), S.I. 2022/764 (W. 166) and S.I. 2023/87 (W. 17). There are other amending instruments but none are relevant.

(31)

The Ukraine Family Scheme closed to new applications at 15:00GMT on 19 February 2024. This scheme was set out under paragraphs UKR 1.1 to UKR 10.2 of Appendix Ukraine Scheme of the immigration rules (https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-ukraine-scheme). Home Office guidance in relation to this scheme is available here: https://www.gov.uk/guidance/apply-for-a-ukraine-family-scheme-visa.

(32)

The Homes for Ukraine Sponsorship Scheme is set out under paragraphs UKR 11.1 to UKR 20.2 of Appendix Ukraine Scheme of the immigration rules (https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-ukraine-scheme). Home Office guidance in relation to this scheme is available here: https://www.gov.uk/guidance/apply-for-a-visa-under-the-ukraine-sponsorship-scheme.

(33)

The Ukraine Extension Scheme is set out under paragraphs UKR 21.1 to UKR 28.2 of Appendix Ukraine Scheme of the immigration rules (https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-ukraine-scheme). Home Office guidance in relation to this scheme is available here: https://www.gov.uk/guidance/apply-to-stay-in-the-uk-under-the-ukraine-extension-scheme.

(34)

The Ukraine Permission Extension Scheme was announced by the Home Office on 19 February 2024 and scheduled to open during the 2024/25 academic year. This scheme will enable individuals who have come to the United Kingdom through one of the other Ukraine schemes listed above to apply for an additional 18 months of permission to remain in the United Kingdom. Home Office guidance in relation to this scheme is available here: https://www.gov.uk/guidance/applying-to-the-ukraine-permission-extension-scheme.

(35)

S.I. 2019/895 (W. 161), relevant amendments are S.I. 2020/1302 (W. 287), S.I. 2021/1365 (W. 360), S.I. 2022/764 (W. 166) and S.I. 2023/87 (W. 17). There are other amending instruments but none are relevant.

(36)

The Ukraine Family Scheme closed to new applications at 15:00GMT on 19 February 2024. This scheme was set out under paragraphs UKR 1.1 to UKR 10.2 of Appendix Ukraine Scheme of the immigration rules (https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-ukraine-scheme). Home Office guidance in relation to this scheme is available here: https://www.gov.uk/guidance/apply-for-a-ukraine-family-scheme-visa.

(37)

The Homes for Ukraine Sponsorship Scheme is set out under paragraphs UKR 11.1 to UKR 20.2 of Appendix Ukraine Scheme of the immigration rules (https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-ukraine-scheme). Home Office guidance in relation to this scheme is available here: https://www.gov.uk/guidance/apply-for-a-visa-under-the-ukraine-sponsorship-scheme.

(38)

The Ukraine Extension Scheme is set out under paragraphs UKR 21.1 to UKR 28.2 of Appendix Ukraine Scheme of the immigration rules (https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-ukraine-scheme). Home Office guidance in relation to this scheme is available here: https://www.gov.uk/guidance/apply-to-stay-in-the-uk-under-the-ukraine-extension-scheme.

(39)

The Ukraine Permission Extension Scheme was announced by the Home Office on 19 February 2024 and scheduled to open during the 2024/25 academic year. This scheme will enable individuals who have come to the United Kingdom through one of the other Ukraine schemes listed above to apply for an additional 18 months of permission to remain in the United Kingdom. Home Office guidance in relation to this scheme is available here: https://www.gov.uk/guidance/applying-to-the-ukraine-permission-extension-scheme.