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The Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2006

Type Welsh-Statutory-Instrument

Publication 2006-01-24

State In force

Jurisdiction Wales

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(1) An eligible student qualifies for a loan for living costs in connection with the student’s attendance on a designated course if the student satisfies the condition in paragraph (2) and is not excluded by paragraph (3) or regulation 7.

(2) The condition referred to in paragraph (1) is that the eligible student is under the age of 60 on the relevant date.

(3) An eligible student does not qualify for a loan for living costs if the only paragraph from 1 to 8 of Schedule 1 into which the student falls is paragraph 7.

Maximum amount of loans for old system eligible students with full entitlement

32

(1) Subject to regulations 36 to 41, the maximum amount of loan for living costs for which an old system eligible student with full entitlement qualifies in respect of an academic year (other than the final year of an accelerated course) is—

(a) for a student in category 1, £3,415;

(b) for a student in category 2, £6,170;

(d) for a student in category 4, £5,255;

(e) for a student in category 5, £4,405.

(2) Subject to regulations 36 to 41, the maximum amount of loan for living costs for which an old system eligible student with full entitlement qualifies in respect of an academic year which is the final year of a course other than an accelerated course is—

(a) for a student in category 1, £3,085;

(b) for a student in category 2, £5,620;

(d) for a student in category 4, £4,570;

(e) for a student in category 5, £4,080.

Maximum amount of loans for new system eligible students with full entitlement

33

(1) This regulation applies to a new system eligible student with full entitlement other than a type 1 or type 2 teacher training student with a household income exceeding £37,900.

(2) Subject to regulations 36 to 41, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year (other than a final year of a course that is not an accelerated course) is equal to (X−Y)—

Where

X is— for a student in category 1, £3,415; for a student in category 2, £6,170; for a student in category 3, £5,255; for a student in category 4, £5,255; for a student in category 5, £4,405;

Y is the maintenance grant amount.

(3) Subject to regulations 36 to 41, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year that is the final year of a course that is not an accelerated course is equal to (X−Y)—

Where

X is— for a student in category 1, £3,085; for a student in category 2, £5,620; for a student in category 3, £4,570; for a student in category 4, £4,570; for a student in category 5, £4,080;

Y is the maintenance grant amount.

(4) In this regulation, “the maintenance grant amount”(“swm y grant cynhaliaeth”) is—

(a) where the student qualifies under regulation 29 for an amount of maintenance grant not exceeding £1,200, the amount of maintenance grant payable;

(b) where the student qualifies under regulation 29 for an amount of maintenance grant exceeding £1,200, £1,200; and

34

(1) This regulation applies to a type 1 and type 2 teacher training student with a household income exceeding £37,900.

(2) Subject to regulations 36 to 41, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year (other than the final year of a course that is not an accelerated course) is—

(a) for a student in category 1, £3,415;

(b) for a student in category 2, £6,170;

(d) for a student in category 4, £5,255;

(e) for a student in category 5, £4,405.

(3) Subject to regulations 36 to 41, the maximum loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year of a course (other than the final year of a course that is not an accelerated course) is—

(a) for a student in category 1, £3,085;

(b) for a student in category 2, £5,620;

(d) for a student in category 4, £4,570;

(e) for a student in category 5, £4,080.

Students with reduced entitlement

35

(1) Subject to regulations 36 to 41, the maximum amount of loan for living costs for which a student with reduced entitlement qualifies in respect of an academic year of a course (other than the final year of a course than is not an accelerated course) is—

(a) where the student falls within regulation 18(3)(a) or 18(3)(b)—

(i) for a student in category 1, £1,620;

(ii) for a student in category 2, £3,030;

(iii) for a student in category 3, £2,160;

(iv) for a student in category 4, £2,160;

(v) for a student in category 5, £2,160;

(b) where the student falls within regulation 18(3)(c) or 18(5)—

(i) for a student in category 1, £1,620;

(ii) for a student in category 2, £3,030;

(iii) for a student in category 3, £2,585;

(iv) for a student in category 4, £2,585;

(v) for a student in category 5, £2,160;

(c) where the student applies for a loan for living costs and opts not to provide details of the income of his or her household—

(i) for a student in category 1, £2,560;

(ii) for a student in category 2, £4,630;

(iii) for a student in category 3, £3.940;

(iv) for a student in category 4, £3,940;

(v) for a student in category 5, £3,905.

(2) Subject to regulations 36 to 41, the maximum amount of loan for living costs for which a student with reduced entitlement qualifies in respect of an academic year that is the final year of a course that is not an accelerated course is—

(a) where the student falls within regulation 18(3)(a) or 18(3)(b)—

(i) for a student in category 1, £1,230;

(ii) for a student in category 2, £2,320;

(iii) for a student in category 3, £1,680;

(iv) for a student in category 4, £1,680;

(v) for a student in category 5, £1,680;

(b) where the student falls within regulation 18(3)(c) or 18(5)—

(i) for a student in category 1, £1,320;

(ii) for a student in category 2, £2,320;

(iii) for a student in category 3, £1,885;

(iv) for a student in category 4, £1,855;

(v) for a student in category 5, £1,680;

(c) where the student applies for a loan for living costs and opts not to provide details of the income of his or her household—

(i) for a student in category 1, £2,315;

(ii) for a student in category 2, £4,215;

(iii) for a student in category 3, £3,430;

(iv) for a student in category 4, £3,430;

(v) for a student in category 5, £3,060.

Students residing with parents

36

(1) Subject to paragraph (2), where an eligible student resides at his or her parents' home and the National Assembly is satisfied that in all the circumstances the student’s parents by reason of age, incapacity or otherwise cannot reasonably be expected to support the student and that it would be appropriate for the amount of loan payable to a student in a category other than category 1 to apply in his or her case, the student must be treated as if the student were not residing at the student’s parents' home.

(2) Paragraph (1) does not apply to an eligible student who begins a course on or after 1 September 2004.

(3) Where an eligible student is a member of a religious order who resides in a house of his or her order the student is treated as if the student were residing at the student’s parents' home.

Loans for living costs payable in respect of three quarters of the academic year

37

A loan is payable in respect of three quarters of the academic year and is not payable in respect of the quarter in which, in the opinion of the National Assembly, the longest of any vacations occurs.

Students falling into more than one category

38

(1) Where a student falls into more than one of the categories in regulation 35 in the course of the academic year—

(a) the maximum amount of loan for the academic year is the aggregate of the maximum amount of loan for each quarter in respect of which the loan is payable;

(b) the maximum amount of loan for each such quarter is one third of the maximum amount of loan which would apply for the academic year if the student fell into the category which applies to the relevant quarter for the duration of the academic year; and

(i) the category into which the student falls for the longer or longest period in that quarter; or

(ii) if the student falls into more than one category for an equal period in that quarter, the category with the higher or highest rate of loan for the academic year.

(2) Category 3 cannot be the category applicable to a quarter unless the student is attending an overseas institution for at least half of the period covered by that quarter.

Students becoming eligible during the course of an academic year

39

(1) Where a student becomes an eligible student during the course of an academic year as a result of one of the events listed in paragraph (2), the student may qualify for a loan for living costs in respect of such quarters of that academic year in respect of which a loan for living costs is payable as begin after the relevant event in paragraph (2) occurs.

(2) The events referred to in paragraph (1) are—

(a) the student’s course becomes a designated course; or

(b) the student, the student’s spouse, the student’s civil partner or the student’s parent is recognised as a refugee or is granted leave to enter or remain as mentioned in paragraph 3 of Schedule 1.

(3) An eligible student to whom paragraph (1) applies does not qualify for a loan for living costs in respect of any academic year beginning before the academic year in which the relevant event occurred.

(4) The maximum amount of loan for living costs payable is the aggregate of the maximum amount of loan for each quarter in respect of which the student qualifies for support under this regulation.

(5) The maximum amount of loan for each such quarter is one third of the maximum amount of loan which would apply for the academic year if the student fell into the category which applies to the relevant quarter for the duration of the academic year.

Increases in maximum amount

40

(1) Where an eligible student is required to attend his or her course for a period exceeding 30 weeks and 3 days in an academic year, the maximum amount of loan for living costs specified in regulations 32 to 35 must be increased for each week or part week of attendance in that academic year beyond 30 weeks and 3 days as follows:

(a) for a student in category 1, by £51;

(b) for a student in category 2, by £98;

(d) for a student in category 4, by £107;

(e) for a student in category 5, by £77.

(2) Where an eligible student attends his or her course for a period of not less than 45 weeks in any continuous period of 52 weeks the amount of loan for living costs specified in regulations 32 to 35 must be increased for each week during the 52 week period during which the student did not attend by the amounts referred to in paragraph (1).

(3) This regulations does not apply in the case of a student with reduced entitlement.

Deductions from loans for living costs

41

(1) A deduction from the amount of loan for living costs calculated under this Part in respect of an old system eligible student with full entitlement or a new system eligible student with full entitlement may be made from the loan for living costs in accordance with regulation 46.

(2) A deduction from the amount of loan for living costs calculated under this Part in respect of a student with reduced entitlement may not be made under regulation 46.

Interpretation of Part 7

42

(1) In this regulation—

(a) a student is in category 1 if the student resides at his or her parents' home while attending the designated course;

(b) a student is in category 2 if he or she is not in category 1 and attends one or more of the following—

(i) a course at the University of London;

(ii) a course at an institution which requires attendance for at least half the time in aggregate of any quarter of the course in the academic year at a site wholly or partly within the area comprising the City of London and the former Metropolitan Police District; or

(iii) a sandwich course at an institution which requires the eligible student to undertake work experience or a combination of work experience and study provided that the student undertakes such work experience or combination of work experience and study for at least half the time in aggregate of any quarter of the course in the academic year at a site or sites wholly or partly within the area comprising the City of London and the former Metropolitan Police District;

(c) a student is in category 3 if the student is not in category 1 and attends an overseas institution as part of his or her course for at least eight consecutive weeks in the academic year;

(d) a student is in category 4 if the student is not in category 1 and attends the British Institute in Paris;

(e) a student is in category 5 if the student is not in categories 1 to 4.

(f) a “new system eligible student with full entitlement” (“myfyriwr cymwys dan y drefn newydd sydd â hawlogaeth lawn”) is a new system eligible student other than a student with reduced entitlement;

(g) an “old system eligible student with full entitlement” (“myfyriwr cymwys dan yr hen drefn sydd â hawlogaeth lawn”) is an old system eligible student other than a student with reduced entitlement;

(h) the “relevant date” (“y dyddiad perthnasol”) means the first day of the first year of the specified designated course;

(i) a “student with reduced entitlement” (“myfyriwr sydd â hawlogaeth wedi ei gostwng”) is an eligible student who

(i) is not eligible for a grant for living or other costs by virtue of regulation 18(3)(a) or 18(3)(b);

(ii) is not eligible for a grant for living costs by virtue of regulation 18(3)(c) or 18(5); or

(iii) opts when applying for a loan for living costs not to provide details of the income of his or her household;

(iv) where the duration of a course for the initial training of teachers is only one academic year, that year is not to be treated as the final year.

PART 8 — GENERAL LOAN PROVISIONS

Additional amount of loans

43

(1) An eligible student may apply to borrow an additional amount of loan where—

(a) the National Assembly determines that the maximum amount of loan which has been notified to the student in relation to an academic year should be increased (including an increase from nil) as a result of a reassessment of the student’s contribution or otherwise; and

(b) the National Assembly considers that the increase in the maximum amount does not result from the eligible student—

(i) failing to provide information promptly which might affect his or her ability to qualify for a loan or the amount of loan for which he or she qualifies; or

(ii) providing information which is inaccurate in any material particular.

(2) The additional amount under paragraph (1) is an amount which when added to the amount already applied for does not exceed the increased maximum.

(3) Where an eligible student has applied for a loan of less than the maximum amount to which he or she is entitled in relation to the academic year, he or she may apply to borrow an additional amount which, when added to the amount already applied for, does not exceed the relevant maximum applicable in his or her case.

Interest

44

(1) Subject to paragraph (2), loans bear interest at the rate which will result in an annual percentage rate of charge determined in accordance with the Consumer Credit (Total Charge for Credit) Regulations 1980[^f00052] equal to the percentage increase between the retail prices all items index published by the Office for National Statistics for March 2004 and that index so published for March 2005.

(2) If the rate referred to in paragraph (1) exceeds the rate for the time being specified for the purposes of any exemption conferred by virtue of section 16(5)(b) of the Consumer Credit Act 1974[^f00053] loans bear interest at the rate so specified.

(3) Interest is calculated on the principal outstanding daily and is added to the principal monthly.

(4) The index of prices to which the National Assembly is required by section 22(8) of the Act to have regard in prescribing the rate of interest which loans bear is the retail prices all items index mentioned in paragraph (1).

PART 9 — FINANCIAL ASSESSMENT

Calculation of contribution

45

(1) An eligible student’s contribution in respect of an academic year is the amount, if any, calculated under Schedule 4.

(2) For the purposes of the exercise of the National Assembly’s functions under the Act and regulations made under it, the National Assembly may require an eligible student to provide from time to time such information as it considers necessary as to the income of any person whose means are relevant to the assessment of the student’s contribution.

Application of contribution

46

(1) Subject to paragraphs (2) and (3), an amount equal to the contribution calculated under Schedule 4 must be applied until it is extinguished against the amount of the particular grants and loans for which the eligible student qualifies as follows—

(a) first, to reduce GFF;

(b) second, to reduce ADG;

(d) fourth, to reduce PLA;

(e) fifth, to reduce LLC to no less than the minimum level for the academic year;

(f) sixth, to reduce GFT.

(2) In the case of an old system eligible student—

(a) where the grant for fees is calculated in accordance with regulation 13(1) and 14(1),

(i) GFF is £1,200; and

(ii) The amount of grant for fees payable is the amount left after deducting the contribution from GFF;

(b) where regulation 13(2)(a) or (c) applies or the corresponding circumstances under regulation 14(3) apply—

(i) GFF is £600; and

(ii) the amount of grant for fees payable is the amount left after deducting the contribution from GFF;

(i) GFF is £600; and

(ii) the contribution is reduced by £600 before it is applied against GFF;

(d) where the grant for fees is calculated in accordance with regulation 14(1), 14(4), 14(5) or 14(6);

(i) GFF is nil;

(ii) there is no reduction in the amount of grant for fees calculated under regulation 14; and

(iii) the contribution is applied first to reduce ADG;

(e) where the designated course is a course for the initial training of teachers (other than a course for a first degree)—

(i) GFF is nil;

(ii) There is no reduction in the amount of grant for fees calculated under regulations 13 and 14; and

(iii) The contribution is first applied to reduce ADG;

(f) Where the student does not qualify for a grant for fees in respect of the academic year by virtue of participating in the ERASMUS programme—

(i) GFF is nil;

(ii) the contribution is reduced by £1,200; and

(iii) the contribution is applied first to reduce ADG;

(g) where the student does not qualify for a grant for fees for any other reason, GFF is nil and the contribution is applied first to reduce ADG.

(3) In the case of a new system eligible student, GFF is nil and the contribution is applied first to reduce ADG.

(4) In this regulation—

(a) ADG is the amount, if any, of the adult dependants' grant calculated in accordance with regulation 22;

(b) CCG is the amount, if any, of the childcare grant calculated in accordance with regulation 23;

(c) PLA is the amount, if any, of the parents' learning allowance calculated under regulation 24 (except the first £50 of the allowance);

(d) LLC is the amount of loan for living costs, if any, for which the eligible student other than a student with reduced entitlement qualifies under Part 7;

(e) GFT is the amount of the grant for travel for which the eligible student qualifies under regulation 27, if any;

(5) Subject to paragraphs (6) and (7), the “minimum level for the academic year” (“lefel isaf am y flwyddyn academaidd”) is—

(a) £2,560, in the case of a student in category 1;

(b) £4,630, in the case of a student in category 2;

(d) £3,940, in the case of a student in category 4;

(e) £3,305, in the case of a student in category 5;

(6) Subject to paragraph (7), where the academic year in question is the final year of a course other than an accelerated course, the “minimum level for the academic year” is—

(a) £2,315, in the case of a student in category 1;

(b) £4,215, in the case of a student in category 2;

(d) £3,430, in the case of a student in category 4;

(e) £3,060, in the case of a student in category 5.

(7) Where under regulation 38 different categories apply for different quarters of the academic year, the minimum levels in paragraphs (5) and (6) are the aggregate of the amounts determined under paragraph (8) for each of the three quarters in respect of which a loan is payable.

(8) The amount determined for each quarter under this paragraph is one third of the amount in paragraph (5) or (6) which corresponds to the rate applicable for the quarter.

(9) The loan for living costs payable in respect of an academic year to a type 1 teacher training student who has a household income exceeding £37,900 is the amount left after deducting £600 from the amount of loan for living costs left after applying the contribution in accordance with this regulation.

(10) The loan for living costs payable in respect of an academic year to a type 2 teacher training student who has a household income exceeding £37,900 is the amount left after deducting £1,200 from the amount of loan for living costs left after applying the contribution in accordance with this regulation.

(11) Categories 1 to 5 have the meaning given in regulation 42.

PART 10 — PAYMENTS

Payment of grants or loans for fees

47

(1) The National Assembly must pay the grant or loan for fees for which a student qualifies to the institution to which the student is liable to make payment where it receives a valid request for payment from the relevant academic authority.

(2) The National Assembly must pay the grant or loan for fees to the academic authority—

(a) not before the expiry of a period of three months beginning with the first day of the academic year; and in the case of a grant only;

(b) not later than 10 weeks after the expiry of the period in sub-paragraph (a), or promptly after a valid request for payment has been received, if that is later.

(3) Where assessment of the student’s contribution or other matters have delayed the final calculation of the amount of grant for which the student qualifies, the National Assembly may make a provisional assessment.

(4) The National Assembly may pay the fee loan in instalments.

(5) Where assessment of an old system student’s contribution or other matters have delayed the final calculation of the amount of fee contribution loan for which the student qualifies, the National Assembly may make a provisional assessment and payment.

(6) No payment of the grant or loan for fees may be made if—

(a) before the expiry of a period of three months beginning with the first day of the academic year the eligible student ceases to attend the course; and

(b) the academic authority has determined or agreed that the student will not commence attending again during the academic year in respect of which the fees are payable or at all.

Payment of grants and loans for living costs

48

(1) Subject to the following paragraphs, the National Assembly may pay support under Part 6 or Part 7 in such instalments (if any) and at such times as it considers appropriate and in the exercise of its functions under this paragraph it may, where a final assessment cannot be made on the basis of the information provided by the student, make a provisional assessment of the support payable.

(2) Payments of support under Part 6 or Part 7 may be made in such manner as the National Assembly considers appropriate and it may make it a condition of entitlement to payment that the eligible student provides it with particulars of a bank or building society account in the United Kingdom into which payments may be made by electronic transfer.

(3) Where an eligible student has applied for a loan under Part 7, the National Assembly may make it a condition of entitlement to payment of any instalment that the eligible student provides it with the student’s United Kingdom national insurance number.

(4) Subject to regulation 8, no support under Part 6 or Part 7 is due in respect of a payment period beginning after an eligible student has withdrawn from, abandoned or been expelled from his or her course; and the amount of support for the academic year is the aggregate of the support, if any, which is payable in respect of each payment period.

(5) Where an eligible student withdraws from, abandons or is expelled from his or her course on or after the relevant date, the National Assembly must determine—

(a) the amount of each grant for living and other costs for which the student qualifies that would be payable in respect of the relevant payment period if the student had not withdrawn from, abandoned or been expelled from the course (the “full amount”); and

(b) how much the full amount is in respect of the period which runs from the first day of the relevant payment period up to and including the day on which the student withdraws, abandons or is expelled from the course (the “partial amount”).

(6) If the National Assembly has made payments of grants for living and other costs in respect of the relevant payment period before the point in that period at which the student withdraws from, abandons or is expelled from the course and that payment exceeds the partial amount—

(a) it may treat the excess as an overpayment; or

(b) if it considers that it is appropriate to do so it may extend the student’s period of eligibility until the end of the relevant payment period and determine that the full amount is due in respect of that payment period.

(7) If a payment of grants for living and other costs in respect of the relevant payment period is due to be made or is made after the student withdraws from, abandons or is expelled from the course, the amount due is the partial amount unless the National Assembly considers that it is appropriate to extend the period of eligibility until the end of the relevant payment period and to determine that the full amount is due in respect of that payment period.

(8) No support under Part 6 or Part 7 is payable in respect of a payment period during any part of which an eligible student is absent from his or her course, unless in the opinion of the National Assembly it would be appropriate in all the circumstances to pay all or part of the support; and the amount of support for the academic year is the aggregate of the support, if any, which is payable in respect of each payment period.

(9) In this regulation “payment period” (“cyfnod talu”) means a period in respect of which the National Assembly pays an instalment or would have paid an instalment if the eligible student had not withdrawn from, abandoned, been expelled from or been absent from his or her course.

(10) In deciding whether it would be appropriate to pay all or part of the support under paragraph (5) the circumstances to which the National Assembly must have regard include the reasons for the student’s absence, the length of the absence and the financial hardship which not paying all or part of the support would cause.

(11) An eligible student is not considered to be absent from his or her course if he or she is unable to attend due to illness and his or her absence has not exceeded 60 days.

(12) Where, after the National Assembly has made any payment of support under Part 6 or Part 7, it makes a determination of the amount of a grant for living costs for which the student qualifies in respect of an academic year either for the first time or by way of revision of a provisional or other determination of that amount—

(a) if the determination increases the amount of that grant for which the student qualifies it must pay the additional amount and in such instalments (if any) and at such times as it considers appropriate;

(b) if the determination decreases the amount of that grant for which the student qualifies it must subtract the amount of the decrease from the amount of that grant which remains to be paid;

(c) if the amount of the decrease is greater than the amount of that grant remaining to be paid the latter amount is reduced to nil and the balance subtracted from any other grant for living costs for which the student qualifies in respect of the academic year;

(d) any remaining overpayment must be recovered in accordance with regulation 49.

(13) Where the National Assembly has made any payment of support under Part 6 or Part 7 and a student who qualifies for a loan under Part 7 applies for such a loan or applies for an additional amount of loan in respect of an academic year, the National Assembly must pay the loan or the additional amount of loan and in such instalments (if any) and at such times as it considers appropriate as soon as is reasonably practicable after a satisfactory application has been received.

(14) Where, after the National Assembly has made any payment of loan for which a student qualifies in respect of an academic year under Part 7, it makes a determination that the amount of loan for which the student qualifies is less than the amount previously determined either by way of revision of a provisional determination or otherwise—

(a) it must subtract such amount as is necessary to ensure that the student does not borrow an amount of loan which is greater than that for which he or she qualifies from any amount of loan which remains to be paid;

(b) if the amount to be subtracted is greater than the amount of loan remaining to be paid, the latter amount is reduced to nil;

(15) In any case where an attendance confirmation is required, the National Assembly must not make any payment of support to the eligible student under Part 6 or Part 7 before it has received that confirmation.

(16) An attendance confirmation is required from an institution in respect of the first academic year of the present course where that year begins on or after 1 September 2006 unless an exception in paragraph (17) applies.

(17) An exception applies if—

(a) a grant for disabled students' living costs is payable in which case that particular grant may be paid before the National Assembly has received an attendance confirmation; or

(b) the National Assembly has determined that owing to exceptional circumstances it would be appropriate to make payment without receiving an attendance confirmation.

(18) An institution must send the attendance confirmation to the National Assembly as soon as reasonably practicable after the first day of the first academic year in respect of which the confirmation is due.

(19) In this regulation, “attendance confirmation” (“cadarnhad o bresenoldeb”) means—

(a) where a student with a disability is undertaking a course in the United Kingdom by distance learning because he or she is unable to attend the course for a reason that relates to his or her disability, confirmation that the student has started to undertake the course; and

(b) in any other case, confirmation from the institution that the eligible student has presented himself or herself at that institution and has started to attend the present course.

Overpayments

49

(1) Any overpayment of a grant or loan for fees may be recovered by the National Assembly from the academic authority.

(2) An eligible student must, if so required by the National Assembly, repay any amount paid to the student under Part 6 or 7 which for whatever reason exceeds the amount of support to which the student is entitled under Part 6 or 7.

(3) Any overpayment of any grant under Part 6 may be recovered in whichever one or more of the following ways the National Assembly considers appropriate in all the circumstances—

(a) by subtracting the overpayment from any kind of grant payable to the student from time to time pursuant to regulations made under section 22 of the Act;

(b) by taking such other action for the recovery of an overpayment as is available to it.

(4) Any overpayment of a loan for living costs in respect of any academic year may be recovered if in the opinion of the National Assembly—

(a) the overpayment is a result of a failure of the student to provide promptly information which might affect whether he or she qualifies for a loan or the amount of loan for which he or she qualifies; or

(b) any information which the student has provided is inaccurate in a material particular; or

(c) the student has failed to provide information which the National Assembly considers to be material in the context of the recovery of the loan.

(5) Where an overpayment of a loan for living costs is recoverable in accordance with paragraph (4), it may be recovered in whichever one or more of the following ways the National Assembly considers appropriate in all the circumstances—

(a) by subtracting the overpayment from the amount of any loan payable to the student from time to time pursuant to regulations made under section 22 of the Act;

(b) by taking such other action for the recovery of an overpayment as is available to it.

(6) Where there has been an overpayment of a loan for living costs which is not recoverable under paragraph (4), the National Assembly may subtract the overpayment from the amount of any loan payable to the student from time to time pursuant to regulations made under section 22 of the Act.

PART 11 — SUPPORT FOR PART-TIME COURSES

Eligible part-time students

50

(1) An eligible part-time student qualifies for support in connection with his or her undertaking a designated part-time course subject to and in accordance with this Part.

(2) A person is an eligible part-time student in connection with a designated part-time course if—

(a) the National Assembly has determined in connection with that course that the person is mentioned in Schedule 1; and

(b) the person is not excluded by paragraph (3).

(3) A person is not an eligible part-time student if—

(a) there has been bestowed on that person or paid to that person in relation to his or her undertaking the part-time course—

(i) a healthcare bursary whether or not the amount of such bursary is calculated by reference to the person’s income;

(ii) any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 1992[^f00054]; or

(iii) a Scottish healthcare allowance whether or not the amount of such allowance is calculated by reference to that person’s income;

(b) that person is in breach of any obligation to repay any loan;

(c) that person has reached the age of 18 and has not ratified any agreement for a loan made with him or her when he or she was under the age of 18;

(d) that person has, in the opinion of the National Assembly, shown himself by his or her conduct to be unfitted to receive support; or

(e) subject to paragraph (4), he or she is a prisoner serving a custodial sentence.

(4) Paragraph (3)(e) does not apply in respect of an academic year during which the student enters prison to serve a custodial sentence or is released from prison having served such a sentence.

(5) For the purposes of paragraphs (3)(b) and (3)(c), “loan” (“benthyciad”) means a loan made under the student loans legislation.

(6) In a case where the agreement for a loan is subject to the law of Scotland, paragraph (3)(c) shall only apply if the agreement was made—

(a) before 25 September 1991; and

(b) with the concurrence of the borrower’s curator or at a time when he or she had no curator.

(7) An eligible part-time student does not qualify for support under regulation 53(1)(b) or regulation 54 if the only paragraph from 1 to 8 of Schedule 1 into which he falls is paragraph 7.

(8) An eligible part-time student does not qualify for support—

(a) under regulation 53(1)(a) unless he or she undertakes the designated part-time course in Wales or England; or

(b) under regulation 53(1)(b) or 54 unless he or she undertakes the designated part-time course in the United Kingdom.

(9) An eligible part-time student does not qualify for support under regulation 53 if he or she has undertaken one or more part-time courses for eight academic years in aggregate and he or she has received in respect of each of those academic years a loan or a grant of the kind described in paragraph (10).

(10) The loans and grants referred to in paragraph (9) are—

(a) a loan, a grant in respect of fees or a grant for books, travel and other expenditure each made in respect of an academic year of a part-time course pursuant to regulations made under section 22 of the Act;

(b) a loan, a grant in respect of fees or a grant for books, travel and other expenditure each made in respect of an academic year of a part-time course by the Department for Employment and Learning (Northern Ireland) pursuant to regulations made under Articles 3 and 8(4) of the Education (Student Support) (Northern Ireland) Order 1998[^f00055]; or

(c) a loan in respect of an academic year of a part-time course made pursuant to regulations made under sections 73(f), 73B and 74(1) of the Education (Scotland) Act 1980[^f00056].

(11) An eligible part-time student does not qualify for support under regulation 53 if he or she holds a first degree from an educational institution in the United Kingdom.

(12) For the purposes of paragraph (11), a degree is not treated as a first degree where—

(a) it is a degree (other than an honours degree) that has been awarded to an eligible part-time student who has completed the required modules, examinations or other forms of assessment for his or her first degree course;

(b) the course was undertaken at an educational institution in the United Kingdom; and

(c) the eligible part-time student is registered to continue the course at the same educational institution after the award of his or her degree so as to obtain an honours degree on completion of the required modules, examinations or other form of assessment.

(13) Where a student becomes an eligible part-time student during the course of an academic year as a result of one of the events listed in paragraph (14), he or she may qualify for support in accordance with this Part in respect of that academic year but he or she does not qualify for support under this Part in respect of any academic year beginning before the academic year in which the relevant event occurred.

(14) The events referred to in paragraph (13) are—

(a) the student’s course becomes a designated part-time course; or

(b) the student, his or her spouse, his or her civil partner or his or her parent is recognised as a refugee or is granted leave to enter or remain as mentioned in paragraph 3 of Schedule 1.

(15) Notwithstanding paragraph (2), a person is an eligible part-time student for the purposes of this Part if he or she satisfies the conditions in paragraphs (16) or (17).

(16) The conditions in this paragraph are—

(a) he or she qualified as an eligible part-time student in connection with an earlier academic year of the present designated part-time course pursuant to regulations made under section 22 of the Act;

(b) the person was ordinarily resident in Wales on the first day of the first academic year of the course; and

(17) The conditions in this paragraph are—

(a) the National Assembly has previously determined that the person is—

(i) an eligible student in connection with a designated course; or

(ii) an eligible part-time student in connection with a designated part-time course other than the present course;

(b) the student’s status as an eligible student or as an eligible part-time student in connection with that course has been converted or transferred from that course to the present course as a result of one or more conversions or transfers in accordance with regulations made under section 22 of the Act;

(c) the person was ordinarily resident in Wales on the first day of the first academic year of the course in sub-paragraph (a); and

(d) the person’s status as an eligible student has not terminated.

(18) An eligible part-time student does not, at any one time, qualify for support for—

(a) more than one designated part-time course;

(b) a designated part-time course and a designated course;

Designated part-time courses

51

(1) Subject to paragraph (2), a part-time course is designated for the purposes of section 22(1) of the Act and regulation 50 if—

(a) it is mentioned in Schedule 2, otherwise than in paragraph 4 of that Schedule;

(b) it is of at least one academic year’s duration and does not exceed twice the period normally required to complete a full-time course leading to the same qualification;

(c) it is wholly provided by a publicly-funded educational institution or institutions in the United Kingdom or is provided by such institution or institutions in conjunction with an institution or institutions outside the United Kingdom; and

(d) it is not designated by or under regulation 5.

(2) A course falling within paragraph 6 or 7 of Schedule 2 is not a designated part-time course where the governing body of a maintained school has arranged for the provision of such a course to a pupil of the school.

(3) For the purposes of paragraph (1)—

(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 publicly funded if either the university or the constituent college or institution is publicly funded; and

(c) an institution is not regarded as publicly funded by reason only that it receives public funds from the governing body of a higher education institution in accordance with section 65(3A) of the Further and Higher Education Act 1992[^f00057].

(4) For the purposes of section 22 of the Act and regulation 50(1) the National Assembly may designate courses of higher education which are not designated by paragraph (1).

Period of eligibility

52

(1) An eligible part-time student retains his or her status as an eligible part-time student for the duration of the period of eligibility.

(2) Subject to the following paragraphs, the “period of eligibility” (“cyfnod cymhwystra”) in paragraph (1) runs until the end of the academic year in which the eligible part-time student completes his or her designated part-time course.

(3) The National Assembly may, at any time, renew or extend the period of eligibility for such further period as it determines.

(4) The period of eligibility terminates when the eligible part-time student—

(a) withdraws from his or her designated part-time course in circumstances where the National Assembly has not transferred or converted or will not transfer or convert his or her status under regulation 57 or 58; or

(b) abandons or is expelled from his or her designated part-time course.

(5) The National Assembly may terminate the period of eligibility where the eligible part-time student has shown himself or herself by his or her conduct to be unfitted to receive support.

(6) If the National Assembly is satisfied that an eligible part-time student has failed to comply with any requirement to provide information under this Part or has provided information which is inaccurate in a material particular, the National Assembly may take such of the following actions as it considers appropriate in the circumstances—

(a) terminate the period of eligibility;

(b) determine that the student no longer qualifies for any particular support or particular amount of support;

Support for part-time courses

53

(1) For the purposes of this regulation, the support available is—

(a) a grant in respect of fees not exceeding the lesser of the following amounts—

(i) the basic grant, and

(ii) the “actual fees” (“ffioedd gwirioneddol”), being the amount of fees charged in respect of an academic year of the designated part-time course; and

(b) a grant not exceeding £1,000 for books, travel and other expenditure in connection with the designated part-time course.

(2) The basic grant varies according to the intensity of study.

(3) The intensity of study is calculated as follows and expressed as a percentage

$$FT/PT×100$ where FT is the number of academic years ordinarily required to complete a course which is the full-time equivalent of the designated part-time course PT is the number of academic years ordinarily required to complete the designated part-time course.$

(4) The “basic grant” (“grant sylfaenol”) is—

(a) £590 where the intensity of study is less than 60 per cent. (“level 1”);

(b) £710 where the intensity of study is 60 per cent. or more but less than 75 per cent. (“level 2”);

(5) Subject to paragraphs (6) and (7), the amount of support payable in respect of an academic year is as follows—

(a) the maximum amount of assistance available under paragraph (1) is payable if at the date of his or her application the eligible part-time student or his or her partner is entitled—

(i) under Part VII of the Social Security Contributions and Benefits Act 1992[^f00058] to income support, housing benefit or council tax benefit; or

(ii) under Part 1 of the Jobseekers Act 1995[^f00059] to income-based jobseekers allowance;

(iii) or under section 2 of the Employment and Training Act 1973[^f00060] to new deal allowance;

(b) where the relevant income is less than £15,345, the maximum amount of support available under paragraph (1) is payable;

(c) where the relevant income is £15,345, the maximum amount of support available under paragraph (1)(b) is payable together with £50 less than the maximum amount of support available under paragraph (1)(a);

(d) where the relevant income exceeds £15,345 but is less than £23,145, the maximum amount of support available under paragraph (1)(b) is payable and the amount of support payable under paragraph (1)(a) is the amount determined in accordance with paragraph (6);

(e) where the relevant income is £23,145, the maximum amount of support available under paragraph (1)(b) is payable and the amount of assistance payable under paragraph (1)(a) is £50;

(f) where the relevant income exceeds £23,145 but is less than £23,745, the maximum amount of support available under paragraph (1)(b) is payable and no support is payable under paragraph (1)(a);

(g) where the relevant income is £23,745 or more but less than £25,645, no support is available under paragraph (1)(a) and the amount of support payable under paragraph (1)(b) is the amount left after deducting from the maximum amount of support available under paragraph (1)(b) £1 for every complete £9.50 by which the relevant income exceeds £23,745;

(h) where the relevant income is £25,645, no support is payable under paragraph (1)(a) and the amount of support payable under paragraph (1)(b) is £50;

(i) where the relevant income exceeds £25,645, no support is payable under paragraph (1).

(6) Where paragraph (5)(d) applies, the amount of support payable under paragraph (1)(a) is determined by deducting from the maximum amount of support available under paragraph (1)(a) one of the following amounts—

(a) £50 plus a further £1 for each complete £9.50, £7.63 or £5.93 by which the relevant income exceeds £15,345 according to whether the intensity of study is level 1, 2 or 3, respectively; or

(b) where the basic grant is greater than the actual fees, an amount equal to that left after deducting from the amount calculated under sub-paragraph (a) the difference between the basic grant and the actual fees (unless the amount is a negative number in which case the maximum amount of support available under paragraph (1)(a) is payable).

(7) Where under regulation 57 a student receives support in relation to more than one designated part-time course in an academic year, the maximum amount of support under paragraph (1)(a) for that year is the amount of the basic grant for the course with the highest intensity of study that the student undertakes in that academic year.

(8) For the purposes of this regulation—

(a) “child” (“plentyn”) in relation to an eligible part-time student includes any child of his or her partner and any child for whom he or she has parental responsibility;

(b) “current financial year” (“y flwyddyn ariannol gyfredol”) means the financial year which includes the first day of the academic year in respect of which a person is being assessed for assistance;

(d) “financial year” (“blwyddyn ariannol”) means the period of twelve months for which the income of the eligible part-time student is computed for the purposes of the income tax legislation which applies to it;

(e) “income” (“incwm”) means gross income from all sources excluding any tax credits awarded pursuant to any claims under section 3 of the Tax Credits Act 2002;

(f) subject to sub-paragraph (g), “partner” (“partner”) means any of the following—

(i) the spouse of an eligible part-time student;

(ii) the civil partner of an eligible part-time student;

(iii) a person ordinarily living with an eligible part-time student as if he or she were his or her spouse or civil partner where an eligible part-time student is aged 25 or over on the first day of the academic year in respect of which he or she is being assessed for assistance and where he or she began the designated part-time course before 1 September 2006;

(iv) a person ordinarily living with an eligible part-time student as if he or she were his or her spouse or civil partner where an eligible part-time student begins the designated part-time course on or after 1 September 2006;

(g) a person who would otherwise be a partner under sub-paragraph (f) is not treated as a partner if—

(i) in the opinion of the National Assembly, that person and the eligible part-time student have ceased ordinarily to live together; or

(ii) the person is ordinarily living outside the United Kingdom and is not maintained by the eligible part-time student;

(h) “preceding financial year” (“blwyddyn ariannol flaenorol”) means the financial year immediately preceding the current financial year;

(i) “relevant income” (“incwm perthnasol”) has the meaning given in paragraph (9); and

(j) where this regulation refers to a date before, on or after which an eligible part-time student began the designated part-time course and the student’s status as an eligible part-time student has been transferred to the designated part-time course as a result of one or more transfers of that status by the National Assembly from a part-time course (the “initial course”) in connection with which the National Assembly determined the student to be an eligible part-time student pursuant to regulations made under section 22 of the Act, the eligible student is treated as if he or she began the present designated part-time course on the date on which he or she began the initial course.

(9) For the purposes of this regulation—

(a) subject to sub-paragraph (b), an eligible part-time student’s relevant income is equal to his or her financial resources in the preceding financial year less—

(i) £2,000 in respect of his or her partner;

(ii) £2,000 in respect of the only or eldest child who is dependent on the student or his or her partner; and

(iii) £1,000 in respect of each other child who is dependent on the student or his or her partner;

(b) where the National Assembly is satisfied that an eligible part-time student’s financial resources in the preceding financial year are greater than his or her financial resources in the current financial year and that the difference between the two amounts is £1,000 or more, it may assess that student’s financial resources under sub-paragraph (a) by reference to those resources in the current financial year;

(c) an eligible part-time student’s financial resources in a financial year means the aggregate of his or her income for that year together with the aggregate of the income for that year of any person who at the date of the application for support is the student’s partner.

Grants for disabled part-time students' living costs

54

(1) An eligible part-time student qualifies in accordance with this Part for a grant to assist with the additional expenditure which the National Assembly is satisfied he or she is obliged to incur in respect of the student undertaking a designated part-time course by reason of a disability to which he or she is subject.

(2) Subject to the following paragraphs, the amount of grant under this regulation is the amount that the National Assembly considers appropriate.

(3) The amount of the grant must not exceed—

(a) £9,105 in respect of an academic year for expenditure on a non-medical personal helper;

(b) £4,795 in respect of all the academic years during the period of eligibility for expenditure on major items of specialist equipment;

(i) within the United Kingdom for the purpose of attending the institution;

(ii) within or outside the United Kingdom for the purpose of attending, as a part of his or her course, any period of study at an overseas institution or for the purpose of attending the British Institute in Paris;

(d) £1,200 in respect of an academic year for any other expenditure including expenditure incurred for the purposes referred to in sub-paragraph (a) or (b) which exceeds the specified maxima.

Applications for support

55

(1) A person (the “applicant”) must apply for support in connection with each academic year of a designated part-time course by completing and submitting to the National Assembly an application in such form and accompanied by such documentation as the National Assembly may require.

(2) The general rule is that the application must reach the National Assembly within a period of six months beginning with the first day of the academic year of the course in respect of which it is submitted.

(3) The general rule in paragraph (2) does not apply where—

(a) the course becomes a designated part-time course after the first day of the academic year in respect of which the applicant is applying for support, in which case the application must reach the National Assembly within a period of six months beginning with the day on which the course was designated;

(b) the applicant, his or her spouse, his or her civil partner or his or her parent is recognised as a refugee or has been granted leave to enter or remain as mentioned in paragraph 3 of Schedule 1 after the first day of the academic year in respect of which the applicant is applying for support, in which case the application must reach the National Assembly within a period of six months beginning with the day of recognition or the day the leave was granted, respectively; or

(c) the applicant is applying for support under regulation 54 , in which case the application must reach the National Assembly as soon as is reasonably practicable;

(d) the National Assembly considers that having regard to the circumstances of the particular case the time limit should be relaxed, in which case the application must reach the National Assembly not later than such date as it specifies.

(4) The National Assembly may take such steps and make such inquiries as it considers necessary to determine whether the applicant is an eligible part-time student, whether he or she qualifies for support and the amount of support payable, if any.

(5) The National Assembly must notify the applicant of whether or not he or she qualifies for support and, if the applicant does qualify, the amount of support payable in respect of the academic year, if any.

Information

56

Schedule 3 applies to the provision of information.

Transfer of status

57

(1) Where an eligible part-time student transfers to another part-time course, the National Assembly must transfer the student’s status as an eligible part-time student to that course where—

(a) it receives a request from the eligible part-time student to do so;

(b) it is satisfied that one or more of the grounds for transfer in paragraph (2) applies; and

(2) The grounds for transfer referred to in paragraph (1) are—

(a) the eligible part-time student starts to undertake another designated part-time course at the institution;

(b) the eligible part-time student starts to undertake a designated part-time course at another institution; or

(c) after commencing a designated part-time course for a first degree (other than an honours degree) the eligible part-time student is, before the completion of that course, admitted to a designated part-time course for an honours degree in the same subject or subjects at the institution.

(3) Subject to paragraph (4), an eligible part-time student who transfers under paragraph (1) shall, for the remainder of the academic year in which he or she transfers, continue to receive in connection with the course to which he or she transfers the support for which the National Assembly has determined he or she qualifies in respect of the course from which he or she transfers.

(4) The National Assembly may re-assess the amount of support payable after the transfer in accordance with this Part.

Conversion of status

58

(1) Where an eligible student ceases to undertake a designated course and transfers to a designated part-time course at the same or at another institution, the National Assembly must convert the student’s status as an eligible student to that of an eligible part-time student in connection with the course to which he or she is transferring where—

(a) it receives a request from the eligible student to do so; and

(b) the period of eligibility has not expired or been terminated.

(2) Where, before completing the designated course, the student transfers to a part-time course in the same subject or subjects leading to the same qualification at the same institution, the part-time course is treated as satisfying regulation 51(1)(b) if the period of part-time study to be undertaken by the student is of at least one academic year’s duration and does not exceed twice the period normally required to complete the remainder of the designated course from which the student transfers.

(3) The following applies to a student who transfers under paragraph (1)—

(a) where the National Assembly has determined to pay an amount of grant to the student under regulation 19 in periodic instalments, no payment in respect of that amount of grant may be made in respect of any instalment period beginning after the date on which the student became an eligible part-time student;

(b) the maximum amount of grant to which the student would, apart from this regulation, be entitled pursuant to regulation 54 in connection with his or her undertaking a designated part-time course in respect of that academic year is reduced by one third where the student became an eligible part-time student during the second quarter of the academic year and by two thirds where he or she became such a student in a later quarter of that year;

(c) where an amount of grant for any purpose has been paid to the student under regulation 19 in a single instalment, the maximum amount of grant payable to him or her pursuant to regulation 54 for that purpose is reduced (or, where sub-paragraph (b) applies, further reduced) by the amount of grant paid to him or her for that purpose pursuant to regulation 19, and where the resulting amount is nil or a negative amount that amount is nil; and

(d) where immediately before he or she became an eligible part-time student he or she was eligible to apply, but had not applied, for a loan for living costs in respect of that year, or had not applied for the maximum amount or increased maximum for which he or she was entitled, he or she may apply for such a loan or such additional amount of loan as if he or she had continued to be an eligible student; and in the circumstances mentioned in paragraph (4) the maximum or increased maximum amount of such loan for the academic year is reduced in accordance with that paragraph.

(4) Where the request under paragraph (1) is made during the first quarter of the academic year in respect of which the loan is payable the maximum amount or increased maximum amount of loan (as the case may be) is reduced by two thirds, and where the request is made during the second quarter of that year that amount is reduced by one third.

(5) Where an eligible part-time student ceases to undertake a designated part-time course and transfers to a designated course at the same or at another institution, the National Assembly must convert that student’s status as an eligible part-time student to that of an eligible student in connection with the course to which he or she is transferring where—

(a) it receives a request from the eligible part-time student to do so; and

(b) the period of eligibility has not expired or been terminated.

(6) The following applies to a student who transfers under paragraph (5)—

(a) where the National Assembly has determined to pay an amount of grant to the student pursuant to regulation 54 in periodic instalments no payment in respect of that amount of grant may be made in respect of any instalment period beginning after the date on which the student became an eligible student;

(b) any support to which the student is entitled under this Part in respect of the academic year in which the student transfers must be ignored in determining the amount of support to which he or she may be entitled in respect of that year under Parts 4 to 7;

(c) the maximum amount of any support under Part 6 or 7 to which the student would, apart from this regulation, be entitled in connection with a designated course in respect of that academic year is reduced by one third where the student became an eligible student during the second quarter of that academic year and by two thirds where he or she became such a student in a later quarter of that year; and

(d) where an amount of grant for any purpose has been paid to the student pursuant to regulation 54 in a single instalment, the maximum amount of grant payable to him or her under regulation 19 for that purpose is reduced (or, where sub-paragraph (c) applies, further reduced) by the amount of grant paid to him for that purpose pursuant to regulation 54 and where the resulting amount is nil or a negative amount that amount is nil.

Payment of support to eligible part-time students

59

(1) The National Assembly must pay support under regulation 54 and under regulation 53(1)(b) and in such instalments (if any) and at such times as it considers appropriate and in the exercise of its functions under this paragraph it may, where a final assessment cannot be made on the basis of the information provided by the student, make a provisional assessment of the support payable.

(2) Payments may be made in such manner as the National Assembly considers appropriate and it may make it a condition of entitlement to payment that the eligible part-time student must provide it with particulars of a bank or building society account in the United Kingdom into which payments may be made by electronic transfer.

Payment of grants for fees

60

(1) Subject to paragraphs (2), (3) and (4), the National Assembly must pay the grant in respect of fees for which the student qualifies under regulation 53(1)(a) to the appropriate academic authority after a valid request for payment has been received.

(2) The National Assembly may make payments under paragraph (1) at such times and in such instalments as it sees fit.

(3) The National Assembly may make provisional payments under paragraph (1) in such cases as it deems appropriate.

(4) No payment may be made unless the National Assembly is satisfied that the student has been undertaking the course for 2 weeks.

Overpayments

61

(1) Any overpayment of a grant in respect of fees under regulation 53(1)(a) may be recovered by the National Assembly from the academic authority.

(2) An eligible part-time student must, if so required by the National Assembly, repay any amount paid to the student under this Part which for whatever reason exceeds the amount of grant to which he or she qualifies under this Part.

(3) Any overpayment of grant under this Part may be recovered in whichever one or more of the following ways the National Assembly considers appropriate in all the circumstances—

(a) by subtracting the overpayment from any kind of grant payable to the student from time to time pursuant to regulations made under section 22 of the Act;

(b) by taking such other action for the recovery of an overpayment as is available to it.

PART 12 — SUPPORT FOR POSTGRADUATE STUDENTS WITH DISABILITIES

Eligible postgraduate students

62

(1) An eligible postgraduate student qualifies, subject to and in accordance with this Part, for a grant to assist with the additional expenditure he or she is obliged to incur in connection with his or her undertaking a designated postgraduate course by reason of a disability to which he or she is subject.

(2) A person is an eligible postgraduate student in connection with a designated postgraduate course if that person satisfies the conditions in paragraph (3) and is not excluded by paragraph (4).

(3) The conditions referred to in paragraph (2) are—

(a) the National Assembly has determined in connection with the designated postgraduate course that the person is mentioned in Schedule 1; and

(b) the National Assembly is satisfied that, by reason of a disability to which the person is subject, he or she will be obliged to incur additional expenditure in respect of his or her undertaking the course.

(4) A person is not an eligible postgraduate student if—

(a) there has been bestowed on him or her or paid to him or her in relation to his or her undertaking the course—

(i) a healthcare bursary;

(ii) any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 1992[^f00061];

(iii) any allowance, bursary or award of similar description made by a Research Council;

(iv) any allowance, bursary or award of similar description made by his or her institution which includes any payment for the purpose of meeting additional expenditure incurred by the student by reason of his or her disability; or

(v) any allowance, bursary or award of similar description made by the General Social Care Council under section 67(4)(a) of the Care Standards Act 2000[^f00062] which includes payment for meeting additional expenditure incurred by the student by reason of his or her disability; or

(b) he or she is in breach of an obligation to repay any loan;

(c) he or she has reached the age of 18 and has not ratified any agreement for a loan made with him or her when he or she was under the age of 18;

(d) that person has, in the opinion of the National Assembly, shown himself or herself by his or her conduct to be unfitted to receive support.

(5) For the purposes of paragraphs (4)(b) and (4)(c), “loan” (“benthyciad”) means a loan made under the student loans legislation.

(6) In a case where the agreement for a loan is subject to the law of Scotland, paragraph (4)(c) only applies if the agreement was made—

(a) before the 25 September 1991; and

(b) with the concurrence of the borrower’s curator or at a time when he or she had no curator.

(7) An eligible postgraduate student does not qualify for a grant under this Part if the only paragraph from 1 to 8 of Schedule 1 into which he or she falls is paragraph 7.

(8) An eligible postgraduate student does not qualify for a grant under this Part unless he or she is undertaking his or her course in the United Kingdom.

(9) Notwithstanding paragraph (2), a person is an eligible postgraduate student for the purposes of this Part if he or she satisfies the conditions in paragraphs (10) or (11).

(10) The conditions in this paragraph are—

(a) the person qualified as an eligible postgraduate student in connection with an earlier academic year of the present designated postgraduate course pursuant to regulations made under section 22 of the Act and that status has not expired or been terminated;

(b) the person was ordinarily resident in Wales on the first day of the academic year of the present designated postgraduate course; and

(11) The conditions are—

(a) the National Assembly has previously determined that the person is an eligible postgraduate student in connection with a designated postgraduate course other than the present designated postgraduate course;

(b) the student’s status as an eligible postgraduate student in connection with the course in sub-paragraph (a) has been transferred from that course to the present course as a result of one or more transfers in accordance with regulations made under section 22 of the Act;

(c) the person was ordinarily resident in Wales on the first day of the academic year of the course in sub-paragraph (a); and

(d) the person’s status as an eligible postgraduate student has not terminated.

(12) An eligible postgraduate student does not, at any one time, qualify for support for—

(a) more than one designated postgraduate course;

(b) a designated postgraduate course and a designated course;

Designated postgraduate courses

63

A postgraduate course is designated for the purposes of section 22(1) of the Act and regulation 62 if—

(a) it is a course entry for which a first degree (or equivalent qualification) or higher is normally required;

(b) it is a course—

(i) of at least one academic year’s duration; and

(ii) in the case of a part-time course, the duration of which does not exceed twice the period normally required to complete a full-time course leading to the same qualification;

(c) it is wholly provided by a publicly-funded educational institution or institutions in the United Kingdom or is provided by such an institution or institutions in conjunction with an institution or institutions outside the United Kingdom; and

(d) it is not a course for the initial training of teachers.

(2) For the purposes of paragraph (1)—

(a) a course is provided by an institution if it provides the teaching and supervision which comprise the course, whether or not it has entered 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 publicly funded if either the university or the constituent college or institution is publicly funded; and

(c) an institution is not regarded as publicly funded by reason only that it receives public funds from the governing body of a higher education institution in accordance with section 65(3A)of the Further and Higher Education Act 1992[^f00063].

(3) For the purposes of section 22 of the Act and regulation 62, the National Assembly may designate courses of higher education which are not designated under paragraph (1).

Period of eligibility

64

(1) An eligible postgraduate student retains his or her status as an eligible postgraduate student for the duration of the period of eligibility.

(2) Subject to the following paragraphs, the “period of eligibility” (“cyfnod cymhwystra”) nin paragraph (1) is equal to the period ordinarily required for the completion of the designated postgraduate course.

(3) The National Assembly may, at any time, renew or extend the period of eligibility for such further period as it determines.

(4) The period of eligibility terminates when the eligible postgraduate student—

(a) withdraws from his or her designated postgraduate course in circumstances where the National Assembly has not transferred or will not transfer his or her status as an eligible postgraduate student to another course under regulation 65; or

(b) abandons or is expelled from his or her designated postgraduate course.

(5) The National Assembly may terminate the period of eligibility where the eligible postgraduate student has shown himself or herself by his or her conduct to be unfitted to receive support.

(6) If the National Assembly is satisfied that an eligible postgraduate student has failed to comply with any requirement to provide information under this Part or has provided information which is inaccurate in a material particular, the National Assembly may take such of the following actions as it considers appropriate in the circumstances—

(a) terminate the period of eligibility;

(b) determine that the student no longer qualifies for a grant or any particular amount of grant;

Transfer of status

65

(1) Where an eligible postgraduate student transfers to another postgraduate course, the National Assembly must transfer the student’s status as an eligible postgraduate student to that course where—

(a) it receives a request from the eligible postgraduate student to do so;

(b) it is satisfied that one or more of the grounds for transfer in paragraph (2) applies; and

(2) The grounds for transfer referred to in paragraph (1) are—

(a) on the recommendation of the academic authority the eligible postgraduate student starts to undertake another designated postgraduate course at the institution; or

(b) the eligible postgraduate student starts to undertake a designated postgraduate course at another institution with the consent of the academic authority of that institution.

(3) Subject to paragraph (4), an eligible postgraduate student who transfers under paragraph (1) shall, for the remainder of the academic year in which he or she transfers, continue to receive in connection with the course to which he or she transfers the support for which the National Assembly has determined he or she qualifies in respect of the course from which he or she transfers.

(4) The National Assembly may re-assess the support after the transfer in accordance with this Part.

Applications for support

66

(1) A person (the “applicant”) must apply for a grant under this Part in connection with each academic year of a designated postgraduate course by completing and submitting to the National Assembly an application in such form and accompanied by such documentation as the National Assembly may require.

(2) The application must reach the National Assembly as soon as is reasonably practicable.

(3) The National Assembly may take such steps and make such inquiries as it considers necessary to determine whether the applicant is an eligible postgraduate student, whether he or she qualifies for a grant and the amount of grant payable, if any.

(4) The National Assembly must notify the applicant of whether or not he or she qualifies for a grant and, if he or she does qualify, the amount payable in respect of the academic year, if any.

Information

67

Schedule 3 applies to the provision of information.

Amount of grants

68

The grant under this Part is such amount as the National Assembly considers appropriate, not exceeding £5,780 in respect of an academic year.

Payment of grants

69

(1) The National Assembly must pay the grant for which a student qualifies under this Part and in such instalments (if any) and at such times as it considers appropriate and in the exercise of its functions under this paragraph it may make provisional payments pending the final calculation of the amount of grant for which the student qualifies.

(2) Payments may be made in such manner as the National Assembly considers appropriate and it may make it a condition of entitlement to payment that the eligible postgraduate student must provide it with particulars of a bank or building society account in the United Kingdom into which payments may be made by electronic transfer.

Overpayments

70

(1) An eligible postgraduate student must, if so required by the National Assembly, repay any amount paid to the student under this Part which for whatever reason exceeds the amount of grant to which he or she is entitled under this Part.

(2) Any overpayment of grant under this Part may be recovered in whichever one or more of the following ways the National Assembly considers appropriate in all the circumstances—

(a) by subtracting the overpayment from any kind of grant payable to the student from time to time pursuant to regulations made under section 22 of the Act;

(b) by taking such other action for the recovery of an overpayment as is available to it.

SCHEDULE 1 — ELIGIBLE STUDENTS

1

A person who on the first day of the first academic year of the course—

(a) is settled in the United Kingdom within the meaning of the Immigration Act 1971[^f00065]; and

(b) meets the residence conditions referred to in paragraph 9.

2

A person who is a refugee, ordinarily resident in the United Kingdom and Islands, who has not ceased to be so resident since he or she was recognised as a refugee, or who is the spouse, civil partner or child of such a refugee, in each case who meets the residence condition in paragraph 9(a).

3

A person who—

(a) has been informed by a person acting under the authority of the Secretary of State for the Home Department that, although the person is considered not to qualify for recognition as a refugee, it is thought right to allow the person to enter or remain in the United Kingdom;

(b) has been granted leave to enter or to remain accordingly; and

(c) has been ordinarily resident in the United Kingdom and Islands throughout the period since he or she was granted leave to enter or remain,

or who is the spouse, civil partner, child or step-child of such a person, where the person or, as the case may be the spouse, civil partner, child or step-child meets the residence conditions referred to in paragraph 9.

4

A person who is an EEA migrant worker and who—

(a) is entitled to support by virtue of Article 7(2) or (3) of Council Regulation (EEC) No. 1612/68 on freedom of movement for workers within the Community[^f00066], as extended by the EEA Agreement or Article 9(3) of Annex I to the Switzerland Agreement or, where the person is a national of the United Kingdom, by virtue of an enforceable Community right to be treated no less favourably than a national of another Member State in relation to matters which are the subject of either of those Articles; and

(b) meets the residence conditions referred to in paragraph 9.

5

A person who is the spouse or civil partner of an EEA migrant worker and who—

(a) is installed in the United Kingdom with his or her spouse or civil partner; and

(b) meets the residence conditions referred to in paragraph 9.

6

A person who is the child of an EEA migrant worker and who—

(a) is entitled to support by virtue of Article 12 of the above mentioned Council Regulation or Article 3(6) of Annex I to the Switzerland Agreement, or, where the person’s migrant worker parent is a national of the United Kingdom, by virtue of an enforceable Community right to be treated no less favourably than the child of a national of another Member State in relation to matters which are the subject of either of those Articles; and

(b) meets the residence conditions referred to in paragraph 9.

7

A person who on the first day of the first academic year of the course is a national of a Member State of the European Community or the child of such a national—

(a) whose course is provided by an institution or institutions in Wales or by an institution or institutions in Wales in conjunction with an institution or institutions outside the United Kingdom; and

(b) who meets the residence conditions referred to in paragraphs 9(b) and (c); and

8

A person who on the first day of the academic year of the course is a national of a Member State of the European Community—

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

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

(c) who, where he or she is a national of the United Kingdom, has a right to be treated no less favourably than a national of another Member State by virtue of having exercised a Community right of free movement; and

(d) who, in a case where his or her ordinary residence referred to in sub-paragraph (b) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the European Economic Area immediately prior to the period of ordinary residence referred to in sub-paragraph (b).

9

The residence conditions referred to above are that—

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

(b) the person has been ordinarily resident throughout the three-year period preceding the first day of the first academic year of the course, in the case of a person mentioned in paragraphs 1 or 3, in the United Kingdom and Islands or, in the case of a person mentioned in paragraphs 4, 5, 6 or 7, in the European Economic Area or Switzerland; and

(c) the person’s residence in the United Kingdom and Islands or in the European Economic Area or Switzerland, as the case may be, has not during any part of the period referred to in sub-paragraph (b) been wholly or mainly for the purpose of receiving full-time education.

SCHEDULE 2 — DESIGNATED COURSES

1

A first degree course other than a course referred to in paragraph 4.

2

A course for the Diploma of Higher Education.

3

A course for the Higher National Diploma or Higher National Certificate of—

(a) the Business & Technician Education Council; or

(b) the Scottish Qualification Authority.

4

A course for the initial training of teachers, including such a course leading to a first degree.

5

A course for the further training of teachers or youth and community workers.

6

A course in preparation for a professional examination of a standard higher than that of—

(a) examination at advanced level for the General Certificate of Education or the examination at higher level for the Scottish Certificate of Education; or

(b) the examination for the National Certificate or the National Diploma of either of the bodies mentioned in paragraph 3,

not being a course for entry to which a first degree (or equivalent qualification) is normally required.

7

A course providing education (whether or not in preparation for an examination) the standard of which is—

(a) higher than that of courses providing education in preparation for any of the examinations mentioned in paragraph 6(a) or (b) above; but

(b) not higher than that of a first degree course,

and for entry to which a first degree (or equivalent qualification) is not normally required.

SCHEDULE 3 — INFORMATION

1

Every applicant, eligible student, eligible part-time student and eligible postgraduate student must , as soon as reasonably practicable after he or she is requested to do so, provide the National Assembly with such information as the National Assembly considers it requires for the purposes of these Regulations.

2

Every applicant, eligible student, eligible part-time student and eligible postgraduate student must forthwith inform the National Assembly and provide it with particulars if any of the following occurs—

(a) he or she withdraws from, abandons or is expelled from his or her course;

(b) he or she transfers to any other course at the same or at a different institution;

(c) he or she ceases to undertake his or her course and does not intend to or is not permitted to continue it for the remainder of the academic year;

(d) he or she is absent from his or her course for more than 60 days due to illness or for any period for any other reason;

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

(f) his or her home or term-time address or telephone number changes.

3

Information provided to the National Assembly under these Regulations must be in the format that the National Assembly requires and, if it requires the information to be signed by the person providing it, an electronic signature in such form as the National Assembly may specify satisfies such a requirement.

SCHEDULE 4 — FINANCIAL ASSESSMENT

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