The Education (Student Support) (Postgraduate Master’s Degrees) (Wales) Regulations 2019

Document Number:2019 No. 895 (W. 161)
Coming into force:Coming into force on the 27/05/2019
 
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Welsh Statutory Instruments

Education, Wales

Made

29 April 2019

Laid before the National Assembly for Wales

30 April 2019

Coming into force

27 May 2019

The Welsh Ministers, in exercise of the powers conferred upon the Secretary of State by sections 22 and 42(6) of the Teaching and Higher Education Act 1998(1) , and now exercisable by them(2) , make the following Regulations:

PART 1 General

Title and commencement

  1. —(1) The title of these Regulations is the Education (Student Support) (Postgraduate Master’s Degrees) (Wales) Regulations 2019.

    (2) These Regulations come into force on 27 May 2019.

    Application

  2. —(1) These Regulations apply in relation to Wales.

    (2) These Regulations apply to the provision of support to students in relation to a course which begins on or after 1 August 2019 whether anything done under these Regulations is done before, on or after 1 August 2019.

    (3) But these Regulations do not apply to the provision of support to students in relation to such a course if the course is one in relation to which the student’s status has transferred under regulation 6 of the Education (Postgraduate Master’s Degree Loans) (Wales) Regulations 2017(3) (“the 2017 Master’s Degree Loans Regulations”).

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

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

    (b) which begins before 1 August 2019 ,

    (c) see the 2017 Master’s Degree Loans Regulations.

    PART 2 Overview

    Overview

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

    (2) Part 3 introduces 2 Schedules—

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

    (b) Schedule 4 , which contains an index of the terms defined in these Regulations.

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

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

    (b) Chapter 2 makes provision about how a student undertaking a designated course may be eligible for support under these Regulations.

    (4) Part 5 makes administrative provision about—

    (a) applications for support under these Regulations;

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

    (c) contracts for loans applied for under these Regulations.

    (5) Part 6 makes provision about the grant support available to eligible students including provision about—

    (a) the qualifying conditions that a student must meet in order to qualify for a grant;

    (b) the amount of grant available.

    (6) Part 7 makes provision about the loan support available to eligible students including provision about—

    (a) the qualifying conditions that a student must meet in order to qualify for a loan;

    (b) the amount of loan available.

    (7) Part 8 comprises 3 Chapters about payments, overpayments and the recovery of overpayments, in particular—

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

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

    (c) Chapter 3 makes provision about overpayments, including provision specifying what constitutes an overpayment and how an overpayment may be recovered.

    (8) Part 9 sets out restrictions on the payment of loans, including provision—

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

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

    (9) Part 10 contains amendments to the 2017 Master’s Degree Loans Regulations.

    PART 3 Interpretation and index

    Interpretation and index

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

    (2) Schedule 4 , which is the final Schedule to these Regulations, contains the index of defined terms.

    PART 4 Key concepts

    CHAPTER 1 Designated courses

    Designated courses

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

    (a) satisfies each of the conditions in regulation 6 , and

    (b) does not fall within any of the exceptions in regulation 7.

    Designated courses – conditions

  6. —(1) The conditions are—

    Condition 1

    The course is one which—

    (a) leads to an award granted or to be granted by a body falling within section 214(2)(a) or (b) of the Education Reform Act 1988(4) , and

    (b) the teaching and supervision which comprise the course have been approved by that body.

    Condition 2

    The course is one of the following—

    (a) a full-time course of one or two academic years’ duration, or

    (b) a part-time course which it is ordinarily possible to complete in up to four academic years.

    Condition 3

    The course is provided by—

    (a) a Welsh funded institution, a Scottish funded institution, a Northern Irish funded institution or an English regulated institution (whether alone or in conjunction with an institution within or outside the United Kingdom) , or

    (b) a registered English institution on behalf of an English plan provider.

    Condition 4

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

    (2) For the purposes of Condition 3—

    (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 institution in the nature of a college of a university is regarded as—

    (i) a Welsh funded institution,

    (ii) a Scottish funded institution,

    (iii) a Northern Irish funded institution,

    (iv) an English regulated institution,

    (v) a registered English institution, or

    (vi) an English plan provider,

    if either the university or the constituent college or institution is such an institution;

    (c) an institution is not regarded as a Welsh funded institution by reason only that it receives funds from the governing body of a higher education institution as a connected institution in accordance with section 65(3 A) and (3 B) of the Further and Higher Education Act 1992(5).

    Designated courses – exceptions

  7. A course is not a designated course if it is recognised as a designated course for the purposes of—

    (a) regulation 5 or 83 of the Education (Student Support) (Wales) Regulations 2017(6) (“the 2017 Student Support Regulations”);

    (b) regulation 5 or 8 of the Education (Student Support) (Wales) Regulations 2018(7) (“the 2018 Student Support Regulations”);

    (c) regulation 4 of the Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 2018(8) (“the 2018 Doctoral Degree Loans Regulations”).

    Designation of other courses

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

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

    CHAPTER 2 Eligibility

    Eligible students

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

    (a) the person falls within one of the categories of persons set out in Schedule 2 , and

    (b) none of the exceptions set out in regulation 10 apply to the person.

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

    Eligible students – exceptions

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

    Exception 1

    P is in breach of any obligation to repay any loan.

    Exception 2

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

    Exception 3

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

    Exception 4

    P is a prisoner, unless P is an eligible prisoner.

    Exception 5

    P is enrolled on a course which is a designated course under—

    (a) regulation 5 , 66 or 83 of the 2017 Student Support Regulations and is receiving support under those Regulations for that course;

    (b) regulation 5 of the 2018 Student Support Regulations and is receiving support under those Regulations for that course;

    (c) regulation 4 of the 2017 Master’s Degree Loans Regulations and is receiving support under those Regulations for that course;

    (d) regulation 4 of the 2018 Doctoral Degree Loans Regulations and is receiving support under those Regulations for that course.

    Exception 6

    P has already obtained an equivalent or higher qualification.

    Exception 7

    P has already enrolled on a designated course and is in receipt of support under these Regulations for that course.

    Exception 8

    P has previously received support in respect of a course—

    (a) under these Regulations,

    (b) under the 2017 Master’s Degree Loans Regulations, or

    (c) in the form of a loan provided out of funds provided by a government authority within the United Kingdom.

    But P may be an eligible student despite this exception if the Welsh Ministers are of the view that P had not been able to complete the course to which the previous loan related due to compelling personal reasons.

    Exception 9

    In respect of P undertaking the designated course, there has been bestowed on or paid to P—

    (a) a healthcare bursary;

    (b) any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 2007(9);

    (c) any allowance, bursary or award of similar description made under section 67(4)(a) of the Care Standards Act 2000(10) save to the extent that A is eligible for such a payment in respect of travel expenses;

    (d) any allowance, bursary or award of a similar description made under section...

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