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The Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2007

Type Welsh-Statutory-Instrument

Publication 2007-03-27

State In force

Jurisdiction Wales

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(3) Where (A — B) is equal to or exceeds the aggregate of the basic amounts of the elements of the grant for dependants for which the eligible student qualifies, the amount payable in respect of each element is nil.

(4) The amount of the adult dependants' grant calculated under this regulation must be reduced in accordance with regulation 26(4).

(5) The amount of the childcare grant calculated under this regulation must be reduced in accordance with regulation 27(6).

(6) Where the amount of the parents' learning allowance calculated under paragraph (1) is £0.01 or more but less than £50, the amount of parents' learning allowance payable is £50.

(7) In this regulation —

(a) A is the aggregate of the net income of each of the eligible student’s dependants; and

(b) B is—

(i) £1,100 where the eligible student has no dependent child;

(ii) £3,300 where the eligible student is not a lone parent and has one dependent child;

(iii) £4,405 where the eligible student is not a lone parent and has more than one dependent child;

(iv) £4,405 where the eligible student is a lone parent and has one dependent child;

(v) £5,510 where the eligible student is a lone parent and has more than one dependent child.

(8) Paragraphs (9) to (12) apply where, in the course of the academic year, any of the following occurs —

(a) there is a change in the number of the eligible student’s dependants;

(b) a person becomes or ceases to be a dependant of the eligible student;

(d) a student becomes an eligible student as a result of an event referred to in regulation 23(11).

(9) For the purposes of determining the respective values of A and B and whether adult dependants' grant or parents' learning allowance is payable, the National Assembly must determine the following in relation to each relevant quarter by reference to the student’s circumstances in the relevant quarter —

(a) how many dependants the eligible student is to be treated as having;

(b) who those dependants are;

(10) The amount of grant for dependants for the academic year is the aggregate of the amounts of adult dependants' grant and parents' learning allowance calculated in respect of each relevant quarter under paragraph (11) and the amount of any childcare grant for the academic year.

(11) The amount of adult dependants' grant and parents' learning allowance in respect of a relevant quarter is one third of what that grant or allowance would be for the academic year if the student’s circumstances in the relevant quarter as determined under paragraph (9) applied for the duration of the academic year.

(12) In this regulation, a “relevant quarter”(“chwarter perthnasol”) means —

(a) in the case of a person referred to in paragraph (8)(d), a quarter which begins after the relevant event occurs other than a quarter during which, in the opinion of the National Assembly, the longest of any vacation occurs;

(b) otherwise, a quarter other than the one quarter during which, in the opinion of the National Assembly, the longest of any vacation occurs.

Grants for dependants — interpretation

30

(1) In regulations 25 to 29 —

(a) “adult dependant” (“dibynnydd mewn oed”) means, in relation to an eligible student, an adult person dependent on the student other than the student’s child, the student’s partner or former partner (including a spouse or civil partner who is not ordinarily living with the student);

(b) “child” (“plentyn”) in relation to an eligible student includes any child of the student’s partner and any child for whom the student has parental responsibility where those children are dependent on the student;

(c) “dependant” (“dibynnydd”) means, in relation to an eligible student, the student’s partner, the student’s dependent child or an adult dependant, who in each case is not an eligible student and does not hold a statutory award;

(d) “dependent” (“dibynnol”) means wholly or mainly financially dependent;

(e) “lone parent” (“rhiant unigol”) means an eligible student who does not have a partner and who has a dependent child or dependent children;

(f) “net income” (“incwm net”) has the meaning given in paragraph (2);

(g) subject to sub-paragraphs (h), (i), (j) and (k), “partner” (“partner”) means any of the following —

(i) the spouse of an eligible student;

(ii) the civil partner of an eligible student;

(iii) a person ordinarily living with an eligible student as if he or she were his or her spouse where an eligible student falls within paragraph 2(a) of Schedule 5 and begins the designated course on or after 1 September 2000;

(iv) a person ordinarily living with an eligible student as if they were the student’s civil partner where an eligible student falls within paragraph 2(a) of Schedule 5 and begins the designated course on or after 1 September 2005;

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

(i) in the opinion of the National Assembly, that person and the eligible 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 student;

(i) for the purposes of sub-paragraph (a), a person is treated as a partner if the person would be a partner under sub-paragraph (g) but for the fact that the eligible student with whom the person is ordinarily living does not fall within paragraph 2(a) of Schedule 5;

(j) for the purposes of sub-paragraphs (b) and (e), a person is treated as a partner if the person would be a partner under sub-paragraph (g) but for the date on which the eligible student began the student’s course or the fact that the eligible student with whom the person is ordinarily living does not fall within paragraph 2(a) of Schedule 5.

(k) for the purposes of regulation 27 —

(i) sub-paragraph (i) does not apply; and

(ii) a person is to be treated as a partner if he or she would be a partner under sub-paragraph (h) but for the fact that the eligible student with whom he or she is ordinarily living does not fall within paragraph (2) (1) (a) of Schedule 5.

(2) Subject to paragraph (3), a dependant’s net income is the dependant’s income from all sources for the academic year in question reduced by the amount of income tax and social security contributions payable in respect of it but disregarding —

(a) any pension, allowance or other benefit paid by reason of a disability or incapacity to which the dependant is subject;

(b) child benefit payable under Part IX of the Social Security Contributions and Benefits Act 1992[^f00053];

(c) any financial support payable to the dependant by a local authority in accordance with regulations made under paragraph 3 of Schedule 4 to the Adoption and Children Act 2002[^f00054];

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

(e) in the case of a dependant with whom a child in the care of a local authority is boarded out, any payment made to that dependant in pursuance of section 23 of the Children Act 1989[^f00055];

(f) any payments made to the dependant under section 15 of and Schedule 1 to the Children Act 1989 in respect of a person who is not the dependant’s child or any assistance given by a local authority pursuant to section 24 of that Act; and

(g) any child tax credit to which the dependant is entitled under Part I of the Tax Credits Act 2002.

(3) Where an eligible student or the student’s partner makes any recurrent payments which were previously made by the student in pursuance of an obligation incurred before the first academic year of the student’s course, the partner’s net income is the net income calculated in accordance with paragraph (2) reduced by —

(a) an amount equal to the payments in question for the academic year, if in the opinion of the National Assembly the obligation had been reasonably incurred; or

(b) such lesser amount, if any, as the National Assembly considers appropriate if, in its opinion, a lesser obligation could reasonably have been incurred.

(4) For the purposes of paragraph (2), where the dependent is a dependent child and payments are made to the eligible student towards the child’s maintenance, those payments are to be treated as the child’s income.

Qualifying conditions for the grant for travel

31

(1) A grant is available to an eligible student attending a course in medicine or dentistry (a necessary part of which is a period of study by way of clinical training) in respect of the reasonable expenditure which he or she is obliged to incur in an academic year for the purpose of attending in connection with his or her course any hospital or other premises in the United Kingdom (not comprised in the institution) at which facilities for clinical training are provided other than expenditure incurred for the purpose of residential study away from the institution.

(2) A grant is available to an eligible student who attends an overseas institution or the University of London Institute in Paris as part of his or her course in respect of the travel expenses that he or she is obliged to incur in each qualifying quarter.

Amount of the grant for travel

32

(1) The amount of grant payable under regulation 31 (1) in respect of an academic year is equal to the reasonable expenditure that the National Assembly determines the eligible student is obliged to incur for the purposes set out in that regulation less £290.

(2) The amount of grant payable under regulation 31 (2) in respect of an academic year is the aggregate of the travel expenses that the eligible student is obliged to incur in each qualifying quarter less £290.

(3) An eligible student who—

(a) qualifies for a grant under regulation 31(2); and

(b) reasonably incurs any expenditure in insuring against liability for the cost of medical treatment provided outside the United Kingdom for any illness or bodily injury contracted or suffered during the period he or she is attending the overseas institution or the University of London Institute in Paris,

qualifies for additional grant under this regulation equal to the amount incurred.

Deductions from the grant for travel

33

A deduction may be made from a grant under regulations 30 to 32 in accordance with Part 9.

Interpretation

34

For the purposes of this Part—

(a) any reference to expenditure incurred for the purpose of attending an institution or period of study—

(i) includes expenditure both before and after so attending; and

(ii) does not include any expenditure in respect of which a grant is payable under regulation 24.

(b) “qualifying quarter” (“chwarter cymhwysol”) means a quarter during which the eligible student attends as part of his or her course an overseas institution or the University of London Institute in Paris for at least half the period covered by that quarter;

(c) “travel expenses” (“costau teithio”) means reasonable expenditure on travel within or outside the United Kingdom for the purposes of attending as a part of a designated course an overseas institution or the University of London Institute in Paris.

Higher education grants

35

(1) An old system eligible student qualifies in accordance with this regulation for a higher education grant in connection with his or her attendance on a designated course to defray the cost of books, equipment, travel or childcare incurred for the purpose of attending that course.

(2) An old system eligible student does not qualify for a higher education grant unless he or she began the designated course on or after 1 September 2004.

(3) The maximum amount of higher education grant available in respect of an academic year is £1,000.

(4) An eligible student who qualifies for a higher education grant is entitled to receive an amount as follows —

(a) in any case where the household income is £16,355 or less, he or she is entitled to receive the maximum amount of grant available;

(b) in any case where the household income exceeds £16,355 and does not exceed £22,340, he or she receives an amount equal to M — A, where M is £1,000 and A is £1 for every complete £6.30 by which the household income exceeds £ 16,355; and

in any case where the household income exceeds £22,340, no grant is payable under this regulation.

Maintenance grant

36

(1) A new system eligible student qualifies in accordance with this regulation for a maintenance grant for living costs in connection with his or her attendance on a designated course.

(2) A new system eligible student does not qualify for a maintenance grant if he or she qualifies for a special support grant.

(3) An eligible student does not qualify for a maintenance grant unless he or she begins the designated course on or after 1 September 2006.

(4) The maximum amount of maintenance grant available in respect of an academic year is —

(a) in the case of a type 1 teacher training student, £1,380;

(b) in the case of a type 2 teacher training student, £2,765; and

(5) A type 1 teacher training student who qualifies for a maintenance grant in respect of an academic year receives an amount as follows in respect of that year —

(a) where the household income is £17,920 or less, he or she receives £1,380;

(b) where household income exceeds £17,920 but does not exceed £ 27,160, he or she receives an amount equal to M-(A/2) where M is £1,380 and A is £1 for every £6 by which household income exceeds £17,920; and

(6) A type 2 teacher training student who qualifies for a maintenance grant in respect of an academic year receives an amount as follows in respect of that year —

(a) where the household income is £17,920 or less, he or she receives £2,765;

(b) where household income exceeds £17,920 but does not exceed £27,160, he or she receives an amount equal to M-A where M is £2,765 and A is £1 for every £6 by which household income exceeds £17,920; and

(7) A new system eligible student other than a type 1 or type 2 teacher training student who qualifies for a maintenance grant in respect of an academic year receives an amount as follows in respect of that year —

(a) where the household income is £17,920 or less, he or she receives £2,765;

(b) where household income exceeds £17,920 but does not exceed £27,160, he or she receives an amount equal to M-A where M is £2,765 and A is £1 for every £6 by which household income exceeds £17,920;

(c) where household income exceeds £27,160 but does not exceed £38,325, he or she receives an amount equal to RM — A, where RM is £1,225 and A is £1 for every complete £9.50 by which household income exceeds £27,160;

(d) where the household income exceeds £38,325, no maintenance grant is payable.

Special Support Grant

37

(1) A new system eligible student qualifies in accordance with this regulation for a special support grant in connection with his or her attendance on a designated course to defray the cost of books, equipment, travel or childcare incurred for the purpose of attending that course.

(2) A new system eligible student qualifies for a special support grant if he or she falls within a prescribed category of person for the purposes of section 124(1)(e) of the Social Security Contributions and Benefits Act 1992[^f00056], or if he or she is treated as being liable to make payments in respect of a dwelling prescribed by regulations made under section 130(2) of that Act[^f00057].

(3) The maximum amount of special support grant available in respect of an academic year is

(a) in the case of a type 1 teacher training student, £1,380;

(b) in the case of a type 2 teacher training student, £2,765; and

(4) A type 1 teacher training student who qualifies for special support grant in respect of an academic year receives an amount as follows in respect of that year —

(a) where the household income is £17,920 or less, he or she receives £1,380;

(b) where household income exceeds £17,920 but does not exceed £27,160, he or she receives an amount equal to M-(A/2) where M is £1,380 and A is £1 for every £6 by which household income exceeds £17,920; and

(5) A type 2 teacher training student who qualifies for special support grant in respect of an academic year receives an amount as follows in respect of that year —

(a) where the household income is £17,920 or less, he or she receives £2,765;

(b) where household income exceeds £17,920 but does not exceed £27,160, he or she receives an amount equal to M-A where M is £2,765 and A is £1 for every £6 by which household income exceeds £17,920; and

(c) where the household income exceeds £27,160, or the student opts when applying for the grant not to provide the information needed to calculate the household income he or she receives £1,225.

(6) A new system eligible student other than a type 1 or type 2 teacher training student who qualifies for a special support grant in respect of an academic year receives an amount as follows in respect of that year —

(a) where the household income is £17,920 or less, he or she receives £2,765;

(b) where household income exceeds £17,920 but does not exceed £27,160, he or she receives an amount equal to M-A where M is £2,765 and A is £1 for every £6 by which household income exceeds £17,920;

(c) where household income exceeds £27,160 but does not exceed £38,325, he or she receives an amount equal to RM — A, where RM is £1,225 and A is £1 for every complete £9.50 by which household income exceeds £27,160;

(d) where the household income exceeds £38,325, no special support grant is payable.

PART 6 — LOANS FOR LIVING COSTS

Qualifying conditions for loans for living costs

38

(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 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 in Part 2 of Schedule 1 into which the student falls is paragraph 9.

(4) An old system eligible student who falls within paragraph (a) or (d)(i) of the definition of “old system eligible student” in regulation 2 qualifies for a loan for living costs in connection with his or her attendance on a designated course if he or she is under the age of 60 on the relevant date.

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

39

(1) Subject to regulations 43 to 48, 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, £3,495;

(b) for a student in category 2, £6,320;

(d) for a student in category 4, £5,380;

(e) for a student in category 5, £4,510.

(2) Subject to regulations 43 to 48, 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, £3,160;

(b) for a student in category 2, £5,755;

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

(e) for a student in category 5, £4,180.

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

40

(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 £38,810.

(2) Subject to regulations 43 to 48, 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, £3,495; for a student in category 2, £6,320; for a student in category 3, £5,380; for a student in category 4, £5,380; for a student in category 5, £4,510; Y is the maintenance grant amount.$

(3) Subject to regulations 43 to 48, 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, £3,160; for a student in category 2, £5,755; for a student in category 3, £4,680; for a student in category 4, £4,680; for a student in category 5, £4,180; 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 36 for an amount of maintenance grant not exceeding £1,225, the amount of maintenance grant payable;

(b) where the student qualifies under regulation 36 for an amount of maintenance grant exceeding £1,225, £1,225; and

41

(1) This regulation applies to a type 1 and type 2 teacher training student with a household income exceeding £38,810.

(2) Subject to regulations 43 to 48, 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, £3,495;

(b) for a student in category 2, £6,320;

(d) for a student in category 4, £5,380;

(e) for a student in category 5, £4,510.

(3) Subject to regulations 43 to 48, 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, £3,160;

(b) for a student in category 2, £5,755;

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

(e) for a student in category 5, £4,180.

Students with reduced entitlement

42

(1) Subject to regulations 43 to 48, 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 23(3)(a) or 23(3)(b) —

(i) for a student in category 1, £1,660;

(ii) for a student in category 2, £3,105;

(iii) for a student in category 3, £2,210;

(iv) for a student in category 4, £2,210;

(v) for a student in category 5, £2,210;

(b) where the student falls within regulation 23(3)(c) or 23(5) —

(i) for a student in category 1, £1,660;

(ii) for a student in category 2, £3,105;

(iii) for a student in category 3, £2,645;

(iv) for a student in category 4, £2,645;

(v) for a student in category 5, £2,210;

(c) where the student applies for a loan for living costs and opts not to provide the information needed to calculate the household income an amount equal to

$$X-Y$ where — X is — for a student in category 1, £2,620; for a student in category 2, £4,740; for a student in category 3, £4,035; for a student in category 4, £4,035; for a student in category 5, £3,385; Y is the amount specified in paragraph (d).$

(d) the specified amount is —

(i) £610 where the student is a type 1 teacher training student who opts not to provide the information needed to calculate the household income when applying for a maintenance grant and who qualifies for a maintenance grant of £610;

(ii) £1,225 where the student is a type 2 teacher training student who opts not to provide the information needed to calculate the household income when applying for a maintenance grant and who qualifies for a maintenance grant of £1,225;

(iii) nil where the student is not a type 1 or type 2 teacher training student.

(2) Subject to regulations 43 to 48, 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 23(3)(a) or 23(3)(b) —

(i) for a student in category 1, £1,260;

(ii) for a student in category 2, £2,375;

(iii) for a student in category 3, £1,720;

(iv) for a student in category 4, £1,720;

(v) for a student in category 5, £1,720;

(b) where the student falls within regulation 23(3)(c) or 23(5) —

(i) for a student in category 1, £1,260;

(ii) for a student in category 2, £2,375;

(iii) for a student in category 3, £1,930;

(iv) for a student in category 4, £1,930;

(v) for a student in category 5, £1,720;

(c) where the student applies for a loan for living costs and opts not to provide the information needed to calculate the household income an amount equal to

$$X-Y$ where — X is— for a student in category 1, £2,370; for a student in category 2, £4,315; for a student in category 3, £3,510; for a student in category 4, £3,510; for a student in category 5, £3,135; Y is the amount specified in paragraph (d).$

(d) the specified amount is—

(i) £ 610 where the student is a type 1 teacher training student who opts not to provide the information needed to calculate the household income when applying for a maintenance grant and who qualifies for a maintenance grant of £ 610;

(ii) £ 1,225 where the student is a type 2 teacher training student who opts not to provide the information needed to calculate the household income when applying for a maintenance grant and who qualifies for a maintenance grant of £ 1,225;

(iii) nil where the student is not a type 1 or type 2 teacher training student.

Students residing with parents

43

(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

44

Subject to regulation 48, 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

45

—Where an eligible student falls into more than one of the categories in regulation 42 in the course of the academic year —

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

(b) the maximum amount of loan for living costs for each such quarter is one third of the maximum amount of loan for living costs 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 living costs for the academic year.

Students becoming eligible during the course of an academic year

46

(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 are —

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

(b) the student, the student’s spouse, the student’s civil partner or the student’s parent is recognised as a refugee or becomes a person with leave to enter or remain ;

(c) the state of which the student is a national accedes to the European Community where the student has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the first academic year of the course;

(d) the student acquires the right of permanent residence;

(e) the student becomes a person described in paragraph 6(1)(a) of Schedule 1; or

(f) the student becomes the child of a Swiss National.

(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 living costs for each such quarter is one third of the maximum amount of loan for living costs 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

47

(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 39 to 41 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 £52;

(b) for a student in category 2, by £100;

(d) for a student in category 4, by £110;

(e) for a student in category 5, by £79.

(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 39 to 41 is increased for each week in the 52 week period during which the student did not attend by the amounts referred to in paragraph (1).

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

Deductions from loans for living costs

48

(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 54.

(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 54.

Interpretation of Part 6

49

(1) In this Part —

(a) a student is in category 1 if the student resides at his or her parents' home while attending the designated course or if he or she is a member of a religious order who resides in a house of that order;

(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 the student attends an overseas institution as part of his or her course;

(d) a student is in category 4 if the student is not in category 1 and attends the University of London 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 o dan y drefn newydd sydd”) is a new system eligible student other than a student with reduced entitlement;

(g) an “old system eligible student with full entitlement” (“myfyriwr cymwys o 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” (“dyddiad perthnasol”)means the first day of the first academic year of the specified designated course;

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

(i) is not eligible for a grant for living or other costs in respect of the academic year by virtue of regulation 23(3)(a) or 23(3)(b);

(ii) is not eligible for a grant for living costs in respect of the academic year by virtue of regulation 23(3)(c) or 23(5);

(iii) opts when applying for a loan for living costs not to provide the information needed to calculate the household income or

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

PART 7 — GENERAL LOAN PROVISIONS

Additional amount of loans

50

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

(a) the National Assembly determines that the maximum amount of loan for living costs 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

51

(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[^f00058] equal to the percentage increase between the retail prices all items index published by the Office for National Statistics for March 2006 and that index so published for March 2007.

(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[^f00059] 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 8 — COLLEGE FEE LOANS

52

A college fee loan is available to an eligible student in accordance with Schedule 4.

PART 9 — FINANCIAL ASSESSMENT

Calculation of contribution

53

(1) An eligible student’s contribution in respect of an academic year is the amount, if any, calculated under Schedule 5.

(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

54

(1) Subject to paragraphs (2) and (3), an amount equal to the contribution calculated under Schedule 5 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 16(1) and 16 (7), —

(i) GFF is £1,225; and

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

(b) where regulation 16(3)(a) or (c) applies—

(i) GFF is £610; and

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

(i) GFF is £610; and

(ii) the contribution is reduced by £610 before it is applied against GFF;

(d) 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 16 and 17; and

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

(e) 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 £1,225; and

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

(f) 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 26;

(b) CCG is the amount, if any, of the childcare grant calculated in accordance with regulation 27;

(c) PLA is the amount, if any, of the parents' learning allowance calculated under regulation 28 (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 6;

(e) GFT is the amount of the grant for travel for which the eligible student qualifies under regulation 31, if any.

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

(a) £2,620, in the case of a student in category 1;

(b) £4,740, in the case of a student in category 2;

(d) £4,035, in the case of a student in category 4;

(e) £3,385, 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” (“lefel isaf am y flwyddyn academaidd”) is —

(a) £2,370, in the case of a student in category 1;

(b) £4,315, in the case of a student in category 2;

(d) £3,510, in the case of a student in category 4;

(e) £3,135, in the case of a student in category 5.

(7) Where under regulation 42 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 £38,810 is the amount left after deducting £610 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 £38,810 is the amount left after deducting £1,225 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 49.

PART 10 — PAYMENTS

Payment of grants or loans for fees

55

(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 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 has 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 in respect of a designated course 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 for living costs

56

(1) Subject to the following paragraphs, the National Assembly may pay support under Part 5 in such instalments (if any) and at such times as it considers appropriate.

(2) An institution is required to send an attendance confirmation to the National Assembly.

(3) The National Assembly must not pay the first instalment or, where it has been determined not to pay support under Part 5 by instalments, make any payment of support under Part 6 to an eligible student before it has received the confirmation unless an exception applies.

(4) An exception applies if—

(a) a disabled students' allowance 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 a payment without receiving an attendance confirmation.

(5) Where a final assessment cannot be made on the basis of the information provided by the student, the National Assembly may make a provisional assessment and payment of support under Part 5.

(6) Payments of support under Part 5 are to 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 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.

(7) No support under Part 5 is due in respect of any payment period beginning after an eligible student’s period of eligibility terminates.

(8) Where an eligible student’s period of eligibility terminates 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 eligible student’s period of eligibility had not terminated ( the “full amount”); and

(b) how much of the full amount is due 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 eligible student’s period of eligibility terminated ( the “partial amount”).

(9) In this regulation, the “relevant date” (“dydy ddiad perthnasol”) is the date on which the first term of the academic year in question actually begins.

(10) If the National Assembly has made a payment of grant for living and other costs in respect of the relevant payment period before the point in that period at which the eligible student’s period of eligibility terminated and that payment exceeds the partial amount of that grant—

(a) it may treat the excess as an overpayment of that grant

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

(11) If a payment of a grant for living and other costs in respect of the relevant payment period is due to be made or is made after the eligible student’s period of eligibility has terminated, the amount of that grant due is the partial amount unless the National Assembly considers it appropriate to extend the period of eligibility in respect of that grant until the end of the relevant payment period and to determine that the full amount of that grant is due in respect of that payment period.

(12) No support under Part 5 is due 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 for support to be paid in respect of the period of absence.

(13) In deciding whether it would be appropriate for support to be due under paragraph (12) the circumstances to which the National Assembly must have regard include the reason for the student’s absence, the length of the absence and the financial hardship which not paying the support would cause.

(14) An eligible student is not to be considered 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.

(15) Where, after the National Assembly has made any payment of support under Part 5 or Part 6, it makes a determination of the amount of a grant for living and other costs for which the student qualifies 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 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 and other costs for which the student qualifies in respect of the academic year;

(d) any remaining overpayment is recoverable in accordance with regulation 60 .

Payment of Loans — conditions of entitlement to payment

57

(1) The National Assembly may make it a condition of entitlement to payment of any loan that an eligible student must provide it with his or her United Kingdom national insurance number.

(2) Where the National Assembly has imposed a condition under paragraph (1), it must not make any payment of the loan to the eligible student before it is satisfied that the student has complied with that condition.

(3) Despite paragraph (2), the National Assembly may make a payment of loan to an eligible student if it is satisfied that owing to exceptional circumstances it would be appropriate to make such a payment without the eligible student having complied with the condition imposed under paragraph (1).

(4) The National Assembly may at any time require an applicantor eligible student to enter into an agreement to repay a loan by a particular method.

(5) Where the National Assembly has requested an agreement as to the method of repayment under this regulation, it may withhold any payment of a loan until the person provides what has been requested.

Information requirements

58

(1) The National Assembly may at any time request from an applicant information that it considers is required to recover a loan.

(2) The National Assembly may at any time request from an applicant sight of his or her valid national identity card, his or her valid passport issued by the state of which he or she is a national or his or her birth certificate.

(3) Where the National Assembly has requested information or documents under this regulation, it may withhold any payment of a loan until the person provides what has been requested or provides a satisfactory explanation for not complying with the request.

Payment of loans for living and other costs

59

(1) The National Assembly may pay support under Part 8 in instalments.

(2) Subject to paragraph (3), the National Assembly may pay support under Part 6 at such times as it considers appropriate.

(3) An institution is required to send an attendance confirmation to the National Assembly.

(4) The National Assembly must not pay the first instalment, or where it has determined not to pay support under Part 6 by instalments, make any payment of support under Part 6 to the eligible student before it has received an attendance confirmation from the relevant institution unless an exception applies.

(5) An exception applies if the National Assembly has determined that owing to exceptional circumstances it would be appropriate to make a payment without receiving an attendance confirmation.

(6) Where a final assessment cannot be made on the basis of the information provided by the student, the National Assembly may make a provisional assessment and payment of support under Part 6.

(7) Payments of support under Part 6 are to 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 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.

(8) Where the National Assembly has made any payment of support under Part 5 or under Part 6 and a student who qualifies for a loan for living costs under Part 6 applies for such a loan or applies for an additional amount of loan for living costs in respect of an academic year, the National Assembly may pay that loan or that additional amount of loan 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.

(9) Subject to regulation 8, no support under Part 6 is payable in respect of any payment period beginning after an eligible student’s period of eligibility terminates.

(10) No support under Part 6 is due in respect of a payment period during 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 for support to be paid in respect of the period of absence.

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

(12) An eligible student is not to be considered 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.

(13) Where, after the National Assembly has made any payment of loan for living costs for which a student qualifies in respect of an academic year under Part 6, it makes a determination that the amount of loan for living costs for which the student qualifies is less than the amount previously determined either by way of a revision of a provisional assessment or otherwise —

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

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

Overpayments

60

(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 5 or 6 which for whatever reason exceeds the amount of support to which the student is entitled under Part 5 or 6.

(3) The National Assembly must recover an overpayment of any grant for living and other costs unless it considers it is not appropriate to do so.

(4) A payment of any grant for living and other costs made before the relevant date is an overpayment if the student withdraws from the course before the relevant date unless the National Assembly decides otherwise.

(5) In the circumstances in paragraph (6) or (7), there is an overpayment of the grant for disabled students' living costs unless the National Assembly decides otherwise.

(6) The circumstances are—

(a) the National Assembly applies all or part of the grant for disabled students' living costs to the purchase of specialist equipment on behalf of the eligible student;

(b) the student’s period of eligibility terminates or is terminated under regulation 6 after the relevant date; and

(c) the equipment has not been delivered to the student before his or her period of eligibility terminates or is terminated.

(7) The circumstances are—

(a) the eligible student’s period of eligibility terminates or is terminated under regulation 6 after the relevant date; and

(b) a payment of the grant for disabled students' living costs in respect of specialist equipment is made to the student after the student’s period of eligibility terminated or was terminated.

(8) Where there is an overpayment of the grant for disabled students' living costs, the National Assembly may accept the return of specialist equipment purchased with the grant by way of recovery of all or part of the overpayment if it considers it is appropriate to do so.

(9) Any overpayment of any grant under Part 5 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.

(10) 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.

(11) 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.

(12) 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.

(13) In this regulation “the relevant date” (“y dyddiad perthnasol”)is the date on which the first term of the academic year in question actually begins.

Payments — interpretation

61

(1) In this Part—

(a) “attendance confirmation” (“cadarnhad o bresenoldeb”)means—

(i) confirmation from the institution that the student has enrolled for the academic year where—

(aa) the student is applying for support in connection with a designated course for the first time;

(bb) the student has a disability; and

(cc) the student is undertaking the course but not attending (regardless of whether the reason for not attending relates to his or her disability);

(ii) confirmation from the institution that the student has presented himself or herself at the institution and begun to attend the course where—

(aa) the student is applying for support in connection with a designated course for the first time;

(bb) the student has not had his or her status as an eligible student transferred to the course from another designated course at the same institution; and

(cc) sub-paragraph (i)(cc) does not apply;

(iii) confirmation from the institution that the student has enrolled for the academic year where—

(aa) the student is applying for support in connection with a designated course other than for the first time; or

(bb) the student is applying for support in connection with a designated course for the first time after having his or her status as an eligible student transferred to that course from another course at the same institution;

(b) “payment period”(“cyfnod talu”) means a period in respect of which the National Assembly pays the relevant support under Part 5 or Part 6 or would have paid such support if the eligible student’s period of eligibility had not terminated.

PART 11 — SUPPORT FOR PART-TIME COURSES

Eligible part-time students

62

(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) in assessing his or her application for support the National Assembly determines that the person falls within one of the categories set out in Part 2 of 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[^f00060]; 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 or herself 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) only applies 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 65(1)(b) or regulation 66 if the only paragraph in Part 2 of Schedule 1 into which he or she falls is paragraph 9.

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

(a) under regulation 65(1)(a) unless he or she undertakes the designated part-time course in Wales or England; or

(b) under regulation 65(1)(b) or 66 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 65 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[^f00061]; 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[^f00062].

(11) An eligible part-time student does not qualify for support under regulation 65 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 one of the events listed in paragraph (15) occurs in the course of an academic year —

(a) a student may qualify for a grant in respect of fees in respect of that academic year in accordance with this Part provided that the relevant event occurred within the first three months of the academic year; and

(b) a grant in respect of fees is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.

(14) Where one of the events listed in sub-paragraphs (a), (b), (e), (f), (g) or (h) of paragraph (15) occurs in the course of an academic year —

(a) a student may qualify for a grant for books, travel and other expenditure in respect of that academic year in accordance with this Part; and

(b) a grant for books, travel and other expenditure is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.

(15) The events are —

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

(b) the student, his or her spouse, his or her civil partner or his or her parent is recognised as a refugee or becomes a person with leave to enter or remain ;

(c) a state accedes to the European Community where the student is a national of that state or a family member (as defined in Part 1 of Schedule 1) of a national of that state;

(d) the student becomes a family member (as defined in Part 1 of Schedule 1) of an EC national;

(e) the state of which the student is a national accedes to the European Community where the student has been ordinarily resident in the United Kingdom and Islands throughout the three year-period immediately preceding the first day of the first academic year of the course;

(f) the student acquires the right of permanent residence;

(g) the student becomes a person described in paragraph 6(1)(a) of Schedule 1; or

(h) the student becomes the child of a Swiss national.

(16) Despite 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 (17) or (18).

(17) 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

(18) 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 designated part-time 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.

(19) Where—

(a) the National Assembly has determined that by virtue of being a refugee or the spouse, civil partner, child or step-child of a refugee , a person (“A”) was an eligible part-time student in connection with an application for support for an earlier year of the present part-time course or an application in connection with a designated course or other designated part-time course from which his or her status as an eligible part-time student or eligible student has been transferred to the present part-time course; and

(b) as at the day before the academic year in respect of which A is applying for support starts, the refugee status of A or of his or her spouse, civil partner, parent or step-parent, as the case may be, has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),

A’s status as an eligible part-time student terminates on the day before the first day of the academic year in respect of which he or she is applying for support.

(20) Where—

(a) the National Assembly has determined that, by virtue of being a person with leave to enter or remain or the spouse, civil partner, child or step-child of such a person, a person (“A”) was an eligible part-time student in connection with an application for support for an earlier year of the present part-time course or an application in connection with a designated course or other designated part-time course from which his or her status as an eligible part-time student or eligible student has been transferred to the present part-time course; and

(b) the period for which the person with leave to enter or remain is allowed to stay in the United Kingdom is due to expire before the first day of the academic year in respect of which A is applying for support and, as at the day before that academic year starts, no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),

A’s status as an eligible part-time student terminates on the day before the first day of the academic year in respect of which he or she is applying for support.

(21) Paragraphs (19) and (20) do not apply where the student started the course in connection with which the National Assembly determined that he or she was an eligible part-time student or eligible student, as the case may be, before 1 September 2007.

(22) 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

63

(1) Subject to paragraph (2), a part-time course is designated for the purposes of section 22(1) of the Act and regulation 62 if —

(a) it is a course mentioned in Schedule 2 other than a course for the initial training of teachers;

(b) it is of at least one academic year’s duration;

(c) it is ordinarily possible to complete the course in not more than twice the period ordinarily required to complete the full-time equivalent;

(d) 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

(e) 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) A course that is taken as part of an employment -based teacher training scheme is not a designated part-time course.

(4) 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[^f00063].

(5) For the purposes of paragraph (1)(c)—

(a) “full-time equivalent” (“cwrs amser-llawn cyfatebol”) means a full-time course leading to the same qualification as the course in question;

(b) the “period ordinarily required to complete the full-time equivalent”(“cyfnod sy'n ofynnol fel arfer i gwblhau'r cwrs amser-llawn cyfatebol”) means—

(i) where the course is provided by or on behalf of the Open University, the period that a standard full-time student would require to complete the full-time equivalent if he or she were awarded 120 credit points in each academic year ;

(ii) where the course is provided by or on behalf of any other institution , the period in which a standard full-time student would complete the full-time equivalent;

(i) to have started the full-time equivalent on the same date as the eligible part-time student started the course in question;

(ii) not to have been excused any part of the full-time equivalent;

(iii) not to have repeated any part of the full-time equivalent; and

(iv) not to have been absent from the full-time equivalent other than during vacations.

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

Period of eligibility

64

(1) An eligible part-time student retains his or her status as an eligible part-time student in connection with a designated part-time course until the status terminates in accordance with this regulation and regulations 4 and 6.

(2) The period for which an eligible part-time student retains his or her status is the “period of eligibility”.

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

(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 69 or 70 or

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

(5) The period of eligibility terminates at the end of the relevant academic year where the eligible part-time student cannot complete the course within the period specified in regulation 69(1) (c).

(6) For the purposes of paragraph (5) “relevant academic year” (“blwyddyn academaidd berthnasol”)means the academic year during or at the end of which it becomes impossible for the student to complete the course within the period specified in regulation 69(1) (c) even if he or she increases his or her intensity of study

(7) 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.

(8) 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;

(9) Where the period of eligibility terminates—

(a) before the end of the academic year in which the eligible part-time student completes the designated part-time course; and

(b) otherwise than under paragraph (5),

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

Support for part-time courses

65

(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.

The intensity of study is calculated as follows and expressed as a percentage $PTFT×100$ where PT is the number of modules, credits, credit points, points or other unit to be awarded to the eligible part-time student by the academic authority if he or she successfully completes the academic year in connection with which he or she is applying for support; FT is— where the course is provided by or on behalf of the Open University, 120; where the course is provided by or on behalf of any other institution, the number of modules, credits, credit points, points or other unit that a standard full-time student would be required to obtain in each academic year in order to complete the full-time equivalent within the period ordinarily required to complete that course.

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

(a) “full-time equivalent” (“cwrs amser-llawn cyfatebol”) and “standard full-time student” (“y cyfnod y mae ei angen fel arfer i gwblhau'r cwrs amser-llawn cyfatebol”)are to be interpreted; and

(b) “the period ordinarily required to complete the full-time equivalent” “(“cyfnod sy'n ofynnol fel arfer i gwblhau'r cwrs amser-llawn cyfatebol”) is to be calculated

in accordance with regulation 70.

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

(a) £605 where the intensity of study is less than 60 per cent. (“level 1”);

(b) £725 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[^f00064] to income support, housing benefit or council tax benefit; or

(ii) under Part 1 of the Jobseekers Act 1995[^f00065] to income-based jobseekers allowance or under section 2 of the Employment and Training Act 1973[^f00066] to new deal allowance;

(b) where the relevant income is less than £15,715, the maximum amount of support available under paragraph (1) is payable;

(c) where the relevant income is £15,715, 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 £15,715 but is less than £23,700, 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 £23,700, 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 £23,700 but is less than £24,315, 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 £24,315 or more but less than £26,260, 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 £2.00 by which the relevant income exceeds £24,315;

(h) where the relevant income is £26,260, 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 £26,260, 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 £15.92, £12.79 and £9.94 by which the relevant income exceeds £15,715 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) 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 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 specified designated part-time course before 1 September 2005;

(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 2005;

(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 (8); and

(8) 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.

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