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The Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2011

Type Welsh-Statutory-Instrument

Publication 2011-01-25

State In force

Jurisdiction Wales

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(2) Where an old system eligible student applies for a grant for fees and a fee contribution loan, the amount of the fee contribution loan in respect of an academic year of the designated course is the amount for which the old system eligible student applies not exceeding the amount deducted from the old system eligible student’s grant for fees in accordance with regulation 63.

(3) Where the only fee support for which an old system eligible student applies is a fee contribution loan, the amount of that loan in respect of an academic year of the designated course is the amount for which the old system eligible student applies not exceeding £1,345 or, if any of the circumstances in regulation 17(4) apply, £665.

(4) An old system eligible student may apply to borrow an additional amount of fee contribution loan where—

(a) the Welsh Ministers determine that the maximum amount of fee contribution loan which has been notified to the old system eligible student in relation to an academic year should be increased (including an increase from nil) as a result of a reassessment of the old system eligible student’s contribution or otherwise; and

(b) the Welsh Ministers consider that the increase in the maximum amount does not result from the old system eligible student —

(i) failing to provide information promptly which might affect the old system eligible student’s ability to qualify for a fee contribution loan for which the old system eligible student qualifies; or

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

(5) The additional amount in paragraph (4) is an amount which when added to the amount already applied for does not exceed the increased maximum.

(6) Where an old system eligible student has applied for a fee contribution loan of less than the maximum amount to which the old system eligible student is entitled in relation to the academic year, the old system eligible student may apply to borrow an additional amount which, when added to the amount already applied for, does not exceed the relevant maximum applicable in the old system eligible student’s case.

Fee loans: new system eligible students not qualifying for new fee grant

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(1) A new system eligible student qualifies in accordance with this regulation for a loan in respect of the fees payable by the new system eligible student in respect of, or otherwise in connection with the new system eligible student’s attendance on a designated course.

(2) The amount of a fee loan in respect of an academic year of a designated course must not exceed the lesser of—

(a) £3,375 or, where one of the circumstances in paragraph 17(4) applies, £1,680; and

(b) the fees payable by the student in respect of, or otherwise in connection with, that year.

(3) If the new system eligible student’s status as a new system eligible student is transferred from one designated course to another under these Regulations and one of the circumstances in paragraph (4) applies, the new system eligible student may borrow an additional amount by way of fee loan in respect of the academic year of the course to which the new system eligible student transfers.

(4) The circumstances are—

(a) the fees payable in respect of the academic year of the course to which the new system eligible student transfers exceed the fees payable in respect of the academic year of the course from which the new system eligible student has transferred; and

(b) the academic year of the course to which the new system eligible student transfers does not begin on a later date than the academic year of the course from which the new system eligible student has transferred.

(5) Where paragraph (4)(a) applies, the additional amount that the new system eligible student may borrow in respect of the academic year to which the new system eligible student transfers must not exceed an amount equal to the fees payable by the new system eligible student in respect of that academic year less the amount of any fee loan the new system eligible student has taken out in respect of the academic year from which the new system eligible student has transferred.

(6) Where paragraph (4)(b) applies, the additional amount that the new system eligible student may borrow in respect of the academic year to which the new system eligible student transfers must not exceed the lesser of—

(a) £3,375 or, where one of the circumstances in regulation 17(4) applies, £1,680; and

(b) the fees payable by the student in respect of, or otherwise in connection with, that year.

(7) Where a new system eligible student has applied for a fee loan of less than the maximum amount available in relation to an academic year, the new system eligible student may apply to borrow an additional amount which when added to the amount already applied for does not exceed the relevant maximum applicable in the new system eligible student’s case.

(8) This regulation does not apply in relation to a student if the student qualifies for a new fee grant and the course is a qualifying designated course.

Fee loans: new system eligible students qualifying for new fee grant

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(1) A new system eligible student who qualifies for a new fee grant may apply under this regulation for a fee loan in respect of the new system eligible student’s attendance on the qualifying designated course.

(2) The maximum amount of fee loan available under this regulation is the lesser of—

(a) £1,345 or, where any of the circumstances in regulation 17(4) apply, £665; and

(b) the remainder of the fees payable by the new system eligible student less an amount equal to the new fee grant in respect of or otherwise in connection with that year.

(3) Where the new system eligible student has applied for a fee loan of less than the maximum amount available in relation to an academic year, the new system eligible student may apply to borrow an additional amount which, when added to the amount already applied for, does not exceed that maximum.

(4) If the new system eligible student’s status as an eligible student is transferred from a qualifying designated course to another qualifying designated course under these Regulations and one of the circumstances in paragraph (5) applies, the new system eligible student may borrow an additional amount by way of fee loan in respect of the academic year of the course to which the new system eligible student transfers.

(5) The circumstances referred to in paragraph (4) are—

(a) the fees payable in respect of the academic year of the course to which the new system eligible student transfers exceed the fees payable in respect of the academic year of the course from which the student has transferred; and

(b) the academic year of the course to which the new system eligible student transfers does not begin on a later date than the academic year of the course from which the new system eligible student has transferred.

(6) Where paragraph (5)(a) applies, the additional amount that the new system eligible student may borrow in respect of the academic year to which the new system eligible student transfers must not exceed an amount equal to the fees payable by the new system eligible student in respect of that academic year less the amount of any fee loan the new system eligible student has taken out and/or any new fee grant that the new system eligible student has received in respect of the academic year from which the new system eligible student has transferred.

(7) Where paragraph (5)(b) applies, the additional amount that the new system eligible student may borrow in respect of the academic year to which the new system eligible student transfers must not exceed the lesser of—

(a) £3,375 or, where one of the circumstances in regulation 17(4) applies, £1,680; and

(b) the remainder of fees payable by the new system eligible student less an amount equal to the new fee grant in respect of, or otherwise in connection with, that year.

PART 5 — GRANTS FOR LIVING COSTS

General qualifying conditions for grants for living costs

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(1) An eligible student qualifies for a grant under this Part provided that—

(a) the eligible student is not excluded from qualification by any of the following paragraphs, regulation 6 or regulation 7; and

(b) the eligible student satisfies the qualifying conditions for the particular grant for which the eligible student is applying.

(2) An eligible student does not qualify for a grant under this Part if the only paragraph in Part 2 of Schedule 1 into which the eligible student falls is paragraph 9.

(3) An eligible student does not qualify for a grant under this Part in respect of—

(a) an academic year which is a bursary year;

(b) an academic year of a course for the initial training of teachers which—

(i) began before 1 September 2010;

(ii) begins on or after 1 September 2010 where the eligible student transfers to the present course pursuant to regulation 8 from a course for the initial training of teachers beginning before 1 September 2010; or

(iii) begins on or after 1 September 2010 but before 1 September 2011 and in relation to which the student is a 2010 gap year student,

during which the periods of full-time attendance, including attendance for the purpose of teaching practice, are in aggregate less than 6 weeks;

(4) Paragraph (3)(b) does not apply for the purposes of regulation 25.

(5) An eligible student does not qualify for a grant under this Part in respect of any academic year of a sandwich course where the periods of full-time study are in aggregate less than 10 weeks unless the periods of work experience constitute unpaid service.

(6) For the purposes of paragraph (5), “unpaid service” (“gwasanaeth di-dâl”) means—

(a) unpaid service in a hospital or in a public health service laboratory or with a primary care trust in the United Kingdom;

(b) unpaid service with a local authority in the United Kingdom acting in the exercise of their functions relating to the care of children and young persons, health or welfare or with a voluntary organisation providing facilities or carrying out activities of a like nature in the United Kingdom;

(d) unpaid research in an institution in the United Kingdom or, in the case of an eligible student attending an overseas institution as part of the eligible student’s course, in an overseas institution; or

(e) unpaid service with—

(i) a Strategic Health Authority established pursuant to section 13 of the National Health Service Act 2006 or a Special Health Authority established pursuant to section 28 of that Act[^f00041];

(ii) a Local Health Board established pursuant to section 11 of the National Health Service (Wales) Act 2006 or a Special Health Authority established pursuant to section 22 of that Act[^f00042];

(iii) a Health Board or a Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978[^f00043]; or

(iv) the Regional Health and Social Care Board or the Regional Agency for Public Health and Social Well-being established under sections 7 and 12 of the Health and Social Care (Reform) Act (Northern Ireland) 2009[^f00044].

(7) Subject to paragraph (8), an eligible student does not qualify for a grant under regulations 36 to 44 in respect of an academic year of the designated course if the student does not qualify for relevant support in respect of that academic year.

(8) Paragraph (7) does not apply if the reason that the student does not qualify for relevant support in respect of an academic year of a designated course is because—

(a) that academic year is an Erasmus year; or

(b) the designated course is an old flexible postgraduate course for the initial training of teachers.

(9) In paragraph (7) “relevant support” (“cymorth perthnasol”) means, in the case of a grant under regulation 36, a grant for fees, or, in the case of a grant under regulations 37 to 44, a fee loan.

(10) Where one of the events listed in paragraph (11) occurs in the course of an academic year, a student may qualify for a particular grant in accordance with this Part in respect of all or part of that academic year but that student does not qualify for a grant in respect of any academic year beginning before the academic year in which the relevant event occurred.

(11) The events are—

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

(b) the student, the student’s spouse, civil partner or parent (as defined in Part 1 of Schedule 1) 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 Union 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 the child of a Turkish worker;

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

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

(12) Subject to paragraph (13), an eligible student does not qualify for a grant under this Part if the eligible student is a prisoner.

(13) Paragraph (12) does not apply in respect of a grant for disabled students' living costs.

(14) A student to whom this paragraph applies is treated as being in attendance on the designated course for the purpose of qualifying for the following grants—

(a) grants for dependants;

(b) grant for disabled students' living costs;

(d) higher education grant.

(15) Paragraph (14) applies to—

(a) a compressed degree student;

(b) a disabled eligible student who—

(i) is not a compressed degree student; and

(ii) is undertaking a designated course in the United Kingdom but is not in attendance because the eligible student is unable to attend for a reason which relates to the eligible student’s disability; and

Grants for disabled students' living costs

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(1) An eligible student qualifies in accordance with this regulation for a grant for disabled students' living costs to assist with the additional expenditure which the Welsh Ministers are satisfied the eligible student is obliged to incur in connection with the eligible student’s attendance on a designated course by reason of a disability to which the student is subject.

(2) Subject to the following paragraphs, the amount of grant for disabled students' living costs under this regulation is the amount that the Welsh Ministers consider appropriate in accordance with the eligible student’s circumstances.

(3) Except where paragraph (5) applies, the amount of the grant for disabled students' living costs must not exceed—

(a) £20,520 in respect of an academic year for expenditure on a non-medical personal helper;

(b) £5,166 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 the eligible student’s course, any period of study at an overseas institution or for the purpose of attending the Institute;

(d) £1,729 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 maxima specified in those paragraphs.

(4) Where the eligible student has received payments to assist with expenditure on major items of specialist equipment in connection with the course by virtue of holding a transitional award, the maximum amount of grant under paragraph (3)(b) is reduced by the amount of those payments.

(5) The maximum amount of grant under paragraphs (3)(a) and (3)(d) is £15,390 and £1,293, respectively where—

(a) an eligible student attends a course for the initial training of teachers which—

(i) began before 1 September 2010;

(ii) begins on or after 1 September 2010 where the student transfers to the present course pursuant to regulation 8 from a course for the initial training of teachers beginning before 1 September 2010; or

(iii) begins on or after 1 September 2010 but before 1 September 2011 and in relation to which the student is a 2010 gap year student; and

(b) in any academic year of that course, the periods of full-time study and full-time teaching practice are in aggregate less than 6 weeks.

Grants for dependants — general

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(1) The grants for dependants consist of the following elements—

(a) adult dependants' grant;

(b) childcare grant;

(2) The qualifying conditions for each element and the amounts payable are set out in regulations 27 to 30.

(3) A deduction may be made from any element of the grants for dependants in accordance with regulation 63.

Grants for dependants — adult dependants' grant

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(1) An eligible student qualifies for an adult dependants' grant in connection with the eligible student’s attendance on a designated course in accordance with this regulation.

(2) The adult dependants' grant is available in respect of one dependant of an eligible student who is either—

(a) the eligible student’s partner; or

(b) an adult dependant of the eligible student whose net income does not exceed £3,801.

(3) The amount of adult dependants' grant payable in respect of an academic year is calculated in accordance with regulation 30, the basic amount being—

(a) £2,647; or

(b) where the person in respect of whom the eligible student is applying for adult dependants' grant is ordinarily resident outside the United Kingdom, such amount not exceeding £2,647 as the Welsh Ministers consider reasonable in the circumstances.

Grants for dependants — childcare grant

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(1) An eligible student qualifies, in connection with the eligible student’s attendance on a designated course, for a childcare grant in accordance with this regulation.

(2) Subject to paragraphs (3) and (4), the childcare grant is available in respect of an academic year in which the eligible student incurs prescribed childcare charges for—

(a) a dependent child who is under the age of 15 immediately before the beginning of the academic year; or

(b) a dependent child who has special educational needs within the meaning of section 312 of the Education Act 1996[^f00045] and is under the age of 17 immediately before the beginning of the academic year.

(3) An eligible student does not qualify for a grant under this regulation if the eligible student or the eligible student’s partner has elected to receive the childcare element of the working tax credit under Part I of the Tax Credits Act 2002[^f00046].

(4) An eligible student does not qualify for a grant under this regulation if the prescribed childcare charges that the eligible student incurs are paid or to be paid by the student to the eligible student’s partner.

(5) Subject to paragraph (6), the basic amount of childcare grant for each week is—

(a) for one dependent child, 85 per cent of the prescribed childcare charges, subject to a maximum amount of £161.50 per week; or

(b) for two or more dependent children, 85 per cent of the prescribed childcare charges, subject to a maximum amount of £ 274.55 per week,

except that the eligible student does not qualify for any such grant in respect of each week falling within the period between the end of the course and the end of the academic year in which the course ends.

(6) For the purposes of calculating the basic amount of childcare grant—

(a) a week runs from Monday to Sunday; and

(b) where a week in respect of which prescribed childcare charges are incurred falls partly within and partly outside the academic year in respect of which childcare grant is payable under this regulation, the maximum weekly amount of grant is calculated by multiplying the relevant maximum weekly amount in paragraph (5) by the number of days of that week falling within the academic year and dividing the product by seven.

Grants for dependants — parents' learning allowance

29

(1) An eligible student qualifies in connection with the student’s attendance on a designated course for the parents' learning allowance if the student has one or more dependants who are dependent children.

(2) The amount of parents' learning allowance payable in respect of an academic year is calculated in accordance with regulation 30, the basic amount being £1,508.

Grants for dependants — calculations

30

(1) Subject to the following paragraphs, the amount payable in respect of a particular element of the grants for dependants for which the eligible student qualifies under regulations 27 to 29 is the amount of that element remaining after applying, until it is extinguished, an amount equal to (A − B) as follows and in the following order—

(a) to reduce the basic amount of the adult dependants' grant where the eligible student qualifies for that element under regulation 27;

(b) to reduce the basic amount of the childcare grant for the academic year where the eligible student qualifies for that element under regulation 28; and

(c) to reduce the basic amount of the parents' learning allowance where the eligible student qualifies for that element under regulation 29.

(2) In this regulation and subject to paragraph (8)—

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

B is— £1,159 where the eligible student has no dependent child; £3,473 where the eligible student is not a lone parent and has one dependent child; £4,632 where the eligible student— is not a lone parent and has more than one dependent child; or is a lone parent and has one dependent child; £5,797 where the eligible student is a lone parent and has more than one dependent child.

(3) Subject to paragraphs (5), (6) and (13), where B is greater than or equal to A, the basic amount of each element of the grants for dependants for which the eligible student qualifies is payable.

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

(5) The amount of the adult dependants' grant calculated under paragraph (1) in respect of an adult dependant is reduced by one half where—

(a) the eligible student’s partner—

(i) is an eligible student; or

(ii) holds a statutory award; and

(b) account is taken of that partner’s dependants in calculating the amount of support for which that partner qualifies or the payment to which that partner is entitled under the statutory award.

(6) The amount of the childcare grant calculated under paragraph (1) is reduced by one half where—

(a) the eligible student’s partner—

(i) is an eligible student; or

(ii) holds a statutory award; and

(b) account is taken of that partner’s dependants in calculating the amount of support for which that partner qualifies or the payment to which that partner is entitled under the statutory award.

(7) 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.

(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 24(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 Welsh Ministers must determine the following in relation to each relevant quarter by reference to the eligible 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 grants 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 an eligible student 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 Welsh Ministers, the longest of any vacation occurs;

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

(13) A deduction may be made in accordance with Part 9 from the amount payable in respect of a particular element of the grants for dependants calculated under this Part.

Grants for dependants — interpretation

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(1) In regulations 27 to 30—

(a) subject to paragraph (4), “adult dependant” (“dibynnydd mewn oed”) means, in relation to an eligible student, an adult person dependent on the eligible student other than the eligible student’s child, the eligible student’s partner (including a spouse or civil partner from whom the Welsh Ministers consider the eligible student is separated) or the eligible student’s former partner;

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

(c) “dependant” (“dibynnydd”) means, in relation to an eligible student, the eligible student’s partner, the eligible 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) “dependent child” (“plentyn dibynnol”) means, in relation to an eligible student, a child dependent on the eligible student;

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

(g) “net income” (“incwm net”) has the meaning given in paragraph (6);

(h) subject to sub-paragraphs (i), (j), (k) and paragraphs (2) and (3), “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 the person were the eligible student’s spouse where an eligible student falls within paragraph 2(1)(a) of Schedule 5 and began the designated course on or after 1 September 2000;

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

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

(i) in the opinion of the Welsh Ministers, that person and the eligible student are separated; or

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

(j) for the purposes of the definition of “adult dependant” (“dibynnydd mewn oed”), a person is to be treated as a partner if the person would be a partner under sub-paragraph (h) but for the fact that the eligible student with whom the person is ordinarily living does not fall within paragraph 2(1)(a) of Schedule 5;

(k) for the purposes of the definitions of “child” (“plentyn”) and “lone parent” (“rhiant unigol”), a person is to be treated as a partner if the person would be a partner under sub-paragraph (h) but for the date on which the eligible student began the specified designated course or the fact that the eligible student with whom the person is ordinarily living does not fall within paragraph 2(1)(a) of Schedule 5.

(2) For the purposes of regulation 28—

(a) paragraph (1)(i) does not apply; and

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

(3) For the purposes of determining whether a person is the former partner of an eligible student’s partner, “partner” (“partner”) in relation to an eligible student’s partner means—

(a) the spouse of an eligible student’s partner;

(b) the civil partner of an eligible student’s partner:

(c) where the eligible student began the specified designated course on or after 1 September 2000, a person (“A”) ordinarily living with an eligible student’s partner (“B”) as if A were B’s spouse;

(d) where the eligible student began the specified designated course on or after 1 September 2005, a person (“A”) ordinarily living with an eligible student’s partner (“B”) as if A were B’s civil partner.

(4) Subject to paragraph (5), for the purposes of the definitions of “adult dependant” (“dibynnydd mewn oed”) and “dependent child” (“plentyn dibynnol”), the Welsh Ministers may treat an adult person or child as dependent on an eligible student if they are satisfied that the adult person or child—

(a) is not dependent on only—

(i) the eligible student; or

(ii) the eligible student’s partner; but

(b) is dependent on the eligible student and the eligible student’s partner together.

(5) The Welsh Ministers must not treat an adult person (“A”) as dependent on an eligible student in accordance with paragraph (4), if A is—

(a) the spouse or civil partner of the eligible student’s partner (including a spouse or civil partner from whom the Welsh Ministers consider the eligible student’s partner is separated); or

(b) the former partner of the eligible student’s partner.

(6) Subject to paragraph (7), 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[^f00047];

(c) any financial support payable to the dependant by a local authority in accordance with regulations made under sections 2, 3 and 4 of the Adoption and Children Act 2002[^f00048];

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

(e) in the case of a dependant with whom a child being looked after by a local authority is boarded out, any payment made to that dependant in pursuance of section 23 of the Children Act 1989[^f00049];

(f) any payment made to the dependant under section 23C(5A) of the Children Act 1989[^f00050];

(g) any payments made to the dependant under section 15 of and Schedule 1 to the Children Act 1989 in respect of a person who is not the dependant’s child or any assistance given by a local authority pursuant to section 24 of that Act[^f00051]; and

(h) any child tax credit to which the dependant is entitled under Part I of the Tax Credits Act 2002[^f00052].

(7) Where an eligible student or the eligible student’s partner makes any recurrent payments which were previously made by the eligible student in pursuance of an obligation incurred before the first academic year of the eligible student’s course, the eligible student’s partner’s net income is the net income calculated in accordance with paragraph (6) reduced by—

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

(b) such lesser amount, if any, as the Welsh Ministers consider appropriate if, in their opinion, a lesser obligation could reasonably have been incurred.

(8) For the purposes of paragraph (6), where the dependant is a dependent child and payments are made to the eligible student towards the dependent child’s maintenance, those payments are to be treated as the dependent child’s income.

Interpretation of regulations 33 to 35

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For the purposes of regulations 33 to 35—

(a) any reference to expenditure incurred for the purpose of attending an institution or period of study or period of overseas work placement in an Erasmus year—

(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 25,

(b) “qualifying quarter” (“chwarter cymhwysol”) means a quarter during which the eligible student attends as part of the eligible student’s course an overseas institution, the Institute or overseas work placement in an Erasmus year for at least half the period covered by that quarter.

Qualifying conditions for the grant for travel

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(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 the eligible student is obliged to incur in an academic year for the purpose of attending in connection with the eligible student’s 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 in respect of the reasonable expenditure which the eligible student is obliged to incur in each qualifying quarter within or outside the United Kingdom for the purpose of attending as part of the eligible student’s course an overseas institution, the Institute or overseas work placement in an Erasmus year.

Amount of the grant for travel

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(1) The amount of grant payable under regulation 33(1) in respect of an academic year is equal to the reasonable expenditure that the Welsh Ministers determine the eligible student is obliged to incur for the purposes set out in that regulation less £303.

(2) The amount of grant payable under regulation 33 (2) in respect of an academic year is calculated as follows—

$$(X-£303)+Y$ where— X is the aggregate of the reasonable travel costs that the eligible student is obliged to incur in each qualifying quarter for the purposes set out in regulation 33; and Y is the aggregate of the expenditure incurred in each qualifying quarter specified in paragraph (3).$

(3) The expenditure specified in paragraph (2) is—

(a) expenditure that the eligible student reasonably incurs in insuring against liability for the cost of medical treatment provided outside the United Kingdom for any illness or personal injury contracted or suffered during the period the eligible student is attending the overseas institution, the Institute or overseas work placement in an Erasmus year (“the placement” in this paragraph);

(b) the cost of a visa or visas that the eligible student is obliged to obtain in order to attend the overseas institution, the Institute or placement; and

(c) medical costs that the eligible student reasonably incurs in order to fulfil a mandatory condition of entry into the territory, country or state in which the overseas institution, the Institute or placement is situated.

Deductions from the grant for travel

35

A deduction may be made from a grant under regulations 33 and 34 in accordance with Part 9.

Higher education grants

36

(1) An old system eligible student qualifies in accordance with this regulation for a higher education grant in connection with the old system eligible student’s 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 the old system eligible student began the specified 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 old system 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 £16,765 or less, the old system eligible student is entitled to receive the maximum amount of grant available;

(b) in any case where the household income exceeds £16,765 and does not exceed £22,750, the old system eligible student receives an amount equal to M − A, where M is £1,000 and A is £1 for every £6.30 by which the household income exceeds £ 16,765; and

Maintenance grant

37

(1) A new system eligible student who is not a new cohort student qualifies in accordance with regulation 38 for a maintenance grant for living costs in connection with that eligible student’s attendance on a designated course.

(2) A new system eligible student who is a 2010 cohort student qualifies in accordance with regulation 39 for a maintenance grant for living costs in connection with that eligible student’s attendance on a designated course.

(3) A new system eligible student who is a 2011 cohort student qualifies in accordance with regulation 40 for a maintenance grant for living costs in connection with that eligible student’s attendance on a designated course.

(4) A new system eligible student does not qualify for a maintenance grant if that eligible student qualifies for a special support grant.

Maintenance grant — new system eligible students who are not new cohort students

38

(1) The maximum amount of maintenance grant available to a new system eligible student who is not a 2010 cohort student in respect of an academic year is—

(a) in the case of a type 1 teacher training student, £1,453;

(b) in the case of a type 2 teacher training student, £2,906;

(d) in the case of a new system eligible student other than a type 1, type 2 or type 3 teacher training student, £2,906.

(2) 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 £18,370 or less, the eligible student receives £1,453;

(b) where household income exceeds £18,370 but does not exceed £27,852, the eligible student receives an amount equal to M − (A/2) where M is £1,453 and A is £1 for every £5.86 by which the household income exceeds £18,370; and

(c) where the household income exceeds £27, 852, or the eligible student opts when applying for the grant not to provide the information needed to calculate the household income, the eligible student receives £644.

(3) 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 £18,370 or less, the eligible student receives £2,906;

(b) where the household income exceeds £18,370 but does not exceed £27,852, the eligible student receives an amount equal to M − A where M is £2,906 and A is £1 for every £5.86 by which the household income exceeds £18,370; and

(c) where the household income exceeds £27,852, or the eligible student opts when applying for grant not to provide the information needed to calculate the household income, the eligible student receives £1,288.

(4) A type 3 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 £18,370 or less, the eligible student receives £1,453;

(b) where the household income exceeds £18,370 but does not exceed £27,852, the eligible student receives an amount equal to M − (A/2), where M is £1,453 and A is £1 for every £5.86 by which the household income exceeds £18,370;

(c) where the household income exceeds £27,852 but does not exceed £39,329 the eligible student receives an amount equal to RM − (A/2), where RM is £644 and A is £1 for every £9.27 of income above £27,852;

(d) where the household income exceeds £39,329, no maintenance grant is payable.

(5) A new system eligible student other than a type 1, type 2 or type 3 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 £18,370 or less, the eligible student receives £2,906;

(b) where the household income exceeds £18,370 but does not exceed £27,852, the eligible student receives an amount equal to M − A where M is £2,906 and A is £1 for every £5.86 by which the household income exceeds £18,370;

(c) where the household income exceeds £27,852 but does not exceed £39,329, the eligible student receives an amount equal to RM − A, where RM is £1,288 and A is £1 for every £9.27 by which the household income exceeds £27,852;

(d) where the household income exceeds £39,329, no maintenance grant is payable.

Maintenance grant — new system eligible students who are 2010 cohort students

39

(1) The maximum amount of maintenance grant available to a new system eligible student who is a 2010 cohort student in respect of an academic year is £5,000.

(2) A new system eligible student who is a 2010 cohort student and 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 £18,370 or less, the eligible student receives £5,000;

(b) where the household income exceeds £18,370 but does not exceed £26,500, the eligible student receives an amount equal to M − A, where M is £5,000 and A is £1 for every £3.77 by which the household income exceeds £18,370;

(c) where the household income exceeds £26,500 but does not exceed £34,000, the eligible student receives an amount equal to RM − A, where RM is £2,844 and A is £1 for every £4.315 by which the household income exceeds £26,500;

(d) where the household income exceeds £34,000 but does not exceed £50,020, the eligible student receives an amount equal to SM − A, where SM is £1,106 and A is £1 for every £15.17 by which the household income exceeds £34,000;

(e) where the household income is £50,020, the eligible student receives £50; and

(f) where the household income exceeds £50,020, no maintenance grant is payable.

Maintenance grant — new system eligible students who are 2011 cohort students

40

(1) The maximum amount of maintenance grant available to a new system eligible student who is a 2011 cohort student in respect of an academic year is £5,600.

(2) A new system eligible student who is a 2011 cohort student and 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 £18,370 or less, the eligible student receives £5,600;

(b) where the household income exceeds £18,370 but does not exceed £26,500, the eligible student receives an amount equal to M − A, where M is £5,600 and A is £1 for every £3.77 by which the household income exceeds £18,370;

(c) where the household income exceeds £26,500 but does not exceed £34,000, the eligible student receives an amount equal to RM − A, where RM is £3,444 and A is £1 for every £4.315 by which the household income exceeds £26,500;

(d) where the household income exceeds £34,000 but does not exceed £50,020, the eligible student receives an amount equal to SM − A, where SM is £1,706 and A is £1 for every £9.67 by which the household income exceeds £34,000;

(e) where the household income is £50,020, the eligible student receives £50;

(f) where the household income exceeds £50,020, no maintenance grant is payable.

Special support grant

41

(1) A new system eligible student who is not a new cohort student qualifies in accordance with regulation 42 for a special support grant in connection with that eligible student’s 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 who is a 2010 cohort student qualifies in accordance with regulation 43 for a special support grant in connection with that eligible student’s attendance on a designated course to defray the cost of books, equipment, travel or childcare incurred for the purpose of attending that course.

(3) A new system eligible student who is a 2011 cohort student qualifies in accordance with regulation 44 for a special support grant in connection with that student’s attendance on a designated course to defray the cost of books, equipment, travel or childcare incurred for the purpose of attending that course.

(4) A new system eligible student qualifies for a special support grant if that eligible student falls within a prescribed category of person for the purposes of section 124(1)(e) of the Social Security Contributions and Benefits Act 1992[^f00053], or if that eligible student is treated as being liable to make payments in respect of a dwelling prescribed by regulations made under section 130(2) of that Act[^f00054].

Special support grant — new system eligible students who are not new cohort students

42

(1) The maximum amount of special support grant available to a new system eligible student who is not a new cohort student in respect of an academic year is—

(a) in the case of a type 1 teacher training student, £1,453;

(b) in the case of a type 2 teacher training student, £2,906;

(d) in the case of a new system eligible student other than a type 1, type 2 or type 3 teacher training student, £2,906.

(2) 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 £18,370 or less, the eligible student receives £1,453;

(b) where the household income exceeds £18,370 but does not exceed £27,852, the eligible student receives an amount equal to M − (A/2) where M is £1,453 and A is £1 for every £5.86 by which the household income exceeds £18,370; and

(c) where the household income exceeds £27,852, or the student opts when applying for grant not to provide the information needed to calculate the household income, the eligible student receives £644.

(3) 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 £18,370 or less, the eligible student receives £2,906;

(b) where the household income exceeds £18,370 but does not exceed £27,852, the eligible student receives an amount equal to M − A where M is £2,906 and A is £1 for every £5.86 by which the household income exceeds £18,370; and

(c) where the household income exceeds £27,852, or the student opts when applying for the grant not to provide the information needed to calculate the household income the eligible student receives £1,288.

(4) A type 3 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 £18,370 or less, the eligible student receives £1,453;

(b) where the household income exceeds £18,370 but does not exceed £27,852, the eligible student receives an amount equal to M − (A/2) where M is £1,453 and A is £1 for every £5.86 by which the household income exceeds £18,370;

(c) where the household income exceeds £27,852 but does not exceed £39,329, the eligible student receives an amount equal to RM − (A/2), where RM is £644 and A is £1 for every £9.27 by which the household income exceeds £27,852; and

(d) where the household income exceeds £39,329, no special support grant is payable.

(5) A new system eligible student other than a type 1, type 2 or type 3 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 £18,370 or less, the eligible student receives £2,906;

(b) where the household income exceeds £18,370 but does not exceed £27,852, the eligible student receives an amount equal to M − A where M is £2,906 and A is £1 for every £5.86 by which the household income exceeds £18,370;

(c) where the household income exceeds £27,852 but does not exceed £39,329, the eligible student receives an amount equal to RM − A, where RM is £1,288 and A is £1 for every £9.27 by which the household income exceeds £27,852;

(d) where the household income exceeds £39,329, no special support grant is payable.

Special support grant — new system eligible students who are 2010 cohort students

43

(1) The maximum amount of special support grant available to a new system eligible student who is a 2010 cohort student in respect of an academic year is £5,000.

(2) A new system eligible student who is a 2010 cohort 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 £18,370 or less, the eligible student receives £5,000;

(b) where the household income exceeds £18,370 but does not exceed £26,500, the eligible student receives an amount equal to M − A, where M is £5,000 and A is £1 for every £3.77 by which the household income exceeds £18,370;

(c) where the household income exceeds £26,500 but does not exceed £34,000, the eligible student receives an amount equal to RM − A, where RM is £2,844 and A is £1 for every £4.315 by which the household income exceeds £26,500;

(d) where the household income exceeds £34,000 but does not exceed £50,020, the eligible student receives an amount equal to SM − A, where SM is £1,106 and A is £1 for every £15.17 by which the household income exceeds £34,000;

(e) where the household income is £50,020, the eligible student receives £50; and

(f) where the household income exceeds £50,020, no special support grant is payable.

Special support grant — new system eligible students who are 2011 cohort students

44

(1) The maximum amount of special support grant available to a new system eligible student who is a 2011 cohort student in respect of an academic year is £5,600.

(2) A new system eligible student who is a 2011 cohort 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 £18,370 or less, the eligible student receives £5,600;

(b) where the household income exceeds £18,370 but does not exceed £26,500, the eligible student receives an amount equal to M − A, where M is £5,600 and A is £1 for every £3.77 by which the household income exceeds £18,370;

(c) where the household income exceeds £26,500 but does not exceed £34,000, the eligible student receives an amount equal to RM − A, where RM is £3,444 and A is £1 for every £4.315 by which the household income exceeds £26,500;

(d) where the household income exceeds £34,000 but does not exceed £50,020, the eligible student receives an amount equal to SM − A, where SM is £1,706 and A is £1 for every £9,67 by which the household income exceeds £34,000;

(e) where the household income is £50,020, the eligible student receives £50; and

(f) where the household income exceeds £50,020, no special support grant is payable.

PART 6 — LOANS FOR LIVING COSTS

Qualifying conditions for loans for living costs

45

(1) Subject to paragraph (7), an eligible student qualifies for a loan for living costs in connection with the eligible student’s attendance on a designated course if the eligible 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 eligible student does not qualify for a loan for living costs in connection with the eligible student’s attendance on a designated course if that course is a flexible postgraduate ITT course which is of less than one academic year’s duration.

(5) An eligible student does not qualify for a loan for living costs in connection with the eligible student’s attendance on a designated course if that course—

(a) begins on or after 1 September 2009; and

(b) leads to qualification as a landscape architect, landscape designer, landscape manager, town planner or town and country planner.

(6) 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 the old system eligible student’s attendance on a designated course if the old system eligible student satisfies the condition in paragraph (2) and is not excluded by paragraph (3).

(7) An eligible student to whom this regulation applies is treated as being in attendance on the designated course for the purpose of qualifying for the loan for living costs.

(8) Paragraph (7) applies to—

(a) a compressed degree student;

(b) a disabled eligible student who—

(i) is not a compressed degree student; and

(ii) is undertaking a designated course in the United Kingdom but is not in attendance because the eligible student is unable to attend for a reason which relates to the eligible student’s disability; and

(9) An eligible student does not qualify for a loan for living costs under this Part if the eligible student is a prisoner.

General

46

The maximum amount of loan for living costs in respect of an academic year is calculated as follows—

(a) where the eligible student is an old system eligible student with full entitlement, in accordance with regulation 47;

(b) where the eligible student is a new system eligible student with full entitlement who is not a new cohort student, in accordance with regulations 48 and 49;

(c) where the eligible student is a new system eligible student with full entitlement who is a 2010 cohort student, in accordance with regulation 50;

(d) where the eligible student is a new system eligible student with full entitlement who is a 2011 cohort student, in accordance with regulation 51;

(e) where the eligible student is a student with reduced entitlement, in accordance with regulation 52.

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

47

(1) Subject to regulations 53 to 58, 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 a course that is not an intensive course is, for such a student in—

(a) category 1, £3,673;

(b) category 2, £6,648;

(d) category 4, £5,658;

(e) category 5, £4,745.

(2) Subject to regulations 53 to 58, 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 that is not an intensive course is, for such a student in—

(a) category 1, £3,324;

(b) category 2, £6,053;

(d) category 4, £4,920;

(e) category 5, £4,396.

Maximum amount of loans for new system eligible students with full entitlement who are not new cohort students

48

(1) This regulation applies to a new system eligible student with full entitlement who is not a new cohort student (other than a type 1 or type 2 teacher training student whose contribution exceeds nil).

(2) Subject to regulations 53 to 58, 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 intensive course is equal to (X−Y) where—

X is, for such a student in— category 1, £3,673; category 2, £6,648; category 3, £5,658; category 4, £5,658; category 5, £4,745;

Y is the maintenance grant amount.

(3) Subject to regulations 53 to 58, 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 intensive course is equal to (X−Y) where—

X is, for such a student in— category 1, £3,324; category 2, £6,053; category 3, £4,920; category 4, £4,920; category 5, £4,396;

Y is the maintenance grant amount.

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

(a) where the new system eligible student referred to in paragraph (1) qualifies under regulation 38 for an amount of maintenance grant not exceeding £1,288, the amount of maintenance grant payable;

(b) where the new system eligible student referred to in paragraph (1) qualifies under regulation 38 for an amount of maintenance grant exceeding £1,288; and

49

(1) This regulation applies to a type 1 or type 2 teacher training student whose contribution exceeds nil.

(2) Subject to regulations 53 to 58, 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, for such student in—

(a) category 1, £3,673;

(b) category 2, £6,648;

(d) category 4, £5,658;

(e) category 5, £4,745.

(3) Subject to regulations 53 to 58, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year of a course that is the final year of a course that is not an accelerated course is, for such a student in—

(a) category 1, £3,324;

(b) category 2, £6,053;

(d) category 4, £4,920;

(e) category 5, £4,396.

Maximum amount of loans for new system eligible students with full entitlement who are 2010 cohort students

50

(1) This regulation applies to a new system eligible student with full entitlement who is a 2010 cohort student.

(2) Subject to regulations 53 to 58, 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 intensive course is equal to (X−Y) where—

X is, for such a student in— category 1, £3,673; category 2, £6,648; category 3, £5,658; category 4, £5,658; category 5, £4,745;

Y is the maintenance grant amount.

(3) Subject to regulations 53 to 58, 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 intensive course is equal to (X−Y) where—

X is, for such a student in— category 1, £3,324; category 2, £6,053; category 3, £4,920; category 4, £4,920; category 5, £4,396;

Y is the maintenance grant amount.

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

(a) where the new system eligible student referred to in paragraph (1) qualifies under regulation 39 for an amount of maintenance grant, the amount that is equal to £0.60 for every £1 of maintenance grant for which that student qualifies, up to a maximum value for Y of £2,844;

(b) where no maintenance grant is payable under regulation 39, nil.

Maximum amount of loans for new system eligible students with full entitlement who are 2011 cohort students

51

(1) This regulation applies to a new system eligible student with full entitlement who is a 2011 cohort student.

(2) Subject to regulations 53 to 58, 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 intensive course is equal to (X−Y) where—

X is, for such a student in— category 1, £3,673; category 2, £6,648; category 3, £5,658; category 4, £5,658; category 5, £4,745;

Y is the maintenance grant amount.

(3) Subject to regulations 53 to 58, 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 intensive course is equal to (X−Y) where—

X is, for such a student in— category 1, £3,324; category 2, £6,053; category 3, £4,920; category 4, £4,920; category 5, £4,396;

Y is the maintenance grant amount.

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

(a) where the new system eligible student referred to in paragraph (1) qualifies under regulation 40 for an amount of maintenance grant, the amount this is equal to £0.60 for every £1 of maintenance grant for which that student qualifies, up to a maximum value for Y of £2,844;

(b) where no maintenance grant is payable under regulation 40, nil.

Students with reduced entitlement

52

(1) Subject to regulations 53 to 58, 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 intensive course is—

(a) where the student falls within regulation 24(3)(a), for such a student in—

(i) category 1, £1,744;

(ii) category 2, £3,268;

(iii) category 3, £2,324;

(iv) category 4, £2,324;

(v) category 5, £2,324.

(b) where the student falls within regulation 24(3)(b) or 24(5), for such a student in—

(i) category 1, £1,744;

(ii) category 2, £3,268;

(iii) category 3, £2,780;

(iv) category 4, £2,780;

(v) category 5, £2,324.

(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 such a student in— category 1, £2,755; category 2, £4,986; category 3, £4,244; category 4, £4,244; category 5, £3,559;

Y is the amount specified in paragraph (d).

(d) the specified amount is—

(i) £644 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 £644;

(ii) £1,288 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 £1,288;

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

(2) Subject to regulations 53 to 58, 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 intensive course is—

(a) where the student falls within regulation 24(3)(a), for such a student in—

(i) category 1, £1,324;

(ii) category 2, £2,498;

(iii) category 3, £1,811;

(iv) category 4, £1,811;

(v) category 5, £1,811.

(b) where the student falls within regulation 24(3)(b) or 24(5), for such a student in—

(i) category 1, £1,324;

(ii) category 2, £2,498;

(iii) category 3, £2,031;

(iv) category 4, £2,031;

(v) category 5, £1,811.

(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 such a student in— category 1, £2,493; category 2, £4,540; category 3, £3,690; category 4, £3,690; category 5, £3,297;

Y is the amount specified in paragraph (d).

(d) the specified amount is—

(i) £644 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 £644;

(ii) £1,288 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 £1,288;

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

Students residing with parents

53

(1) Subject to paragraph (2), where an eligible student (“A” in this regulation) resides at A’s parents' home and the Welsh Ministers are satisfied that in all the circumstances A’s parents by reason of age, incapacity or otherwise cannot reasonably be expected to support A 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 A’s case, A must be treated as if A were not residing at A’s parents' home.

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

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

54

(1) Subject to regulation 56, the loan for living costs is payable in respect of three quarters of the academic year.

(2) The loan for living costs is not payable—

(a) in the case of a compressed degree student, in respect of the quarter nominated by the Welsh Ministers;

(b) in any other case, in respect of the quarter in which, in the opinion of the Welsh Ministers, the longest of any vacation occurs.

Students falling into more than one category

55

(1) Where an eligible student falls into more than one of the categories in regulation 59 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 eligible 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 eligible student falls for the longer or longest period in that quarter; or

(ii) if the eligible 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

56

(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, civil partner or parent (as defined in Part 1 of Schedule 1) 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 Union 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 the child of a Turkish worker;

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

(g) 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

57

(1) Where an eligible student is required to attend the eligible student’s 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 47 to 50 must be increased for each week or part week of attendance in that academic year beyond 30 weeks and 3 days by, for such a student in—

(a) category 1, £55;

(b) category 2, £106;

(d) category 4, £115;

(e) category 5, £83.

(2) Where an eligible student attends the eligible student’s 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 47 to 50 is increased for each week in the 52 week period during which the eligible 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

58

(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 in accordance with regulation 63.

(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 63.

Interpretation of Part 6

59

(1) In this Part—

(a) a student is in category 1 if—

(i) subject to regulation 53, the student resides at the student’s parents' home while attending the course; or

(ii) the student began the present course before 1 September 2009 and is a member of a religious order who resides in a house of that order;

(b) a student is in category 2 if the student is not in category 1 and the student 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 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 the student’s course or attends an overseas work placement in an Erasmus year;

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

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

(h) “parent” (“rhiant”), except where otherwise indicated, is to be construed in accordance with paragraph 1(1)(f) of Schedule 5;

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

(j) a “student with reduced entitlement” (“myfyriwr sydd â hawlogaeth ostyngol”) is an eligible student who—

(i) is not eligible for a grant for living costs in respect of the academic year by virtue of regulation 24(3)(a) or (b) or regulation 24(5); or

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

(k) 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

60

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

(a) the Welsh Ministers determine that the maximum amount of loan for living costs which has been notified to the eligible student in relation to an academic year should be increased (including an increase from nil) as a result of a reassessment of the eligible student’s contribution or otherwise; and

(b) the Welsh Ministers consider that the increase in the maximum amount does not result from the eligible student—

(i) failing to provide information promptly which might affect the eligible student’s ability to qualify for a loan or the amount of loan for which the eligible student 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 the eligible student is entitled in relation to the academic year, the eligible student may apply to borrow an additional amount which, when added to the amount already applied for, does not exceed the relevant maximum applicable in the eligible student’s case.

PART 8 — COLLEGE FEE LOANS

College Fee Loans

61

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

PART 9 — FINANCIAL ASSESSMENT

Calculation of contribution

62

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

(2) The Welsh Ministers may require an eligible student to provide from time to time such information as they consider necessary as to the income of any person whose means are relevant to the assessment of the eligible student’s contribution.

Application of contribution

63

(1) Subject to paragraphs (2) to (7), an amount equal to the contribution or the remainder of the contribution, as the case may be, calculated under Schedule 5, is to 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, subject to paragraph (4), where the basic amount of the grant for fees has been calculated in accordance with regulation 17(1) or 17(7), to determine the actual amount of grant for fees that is payable, the Welsh Ministers must apply the contribution in accordance with paragraph (1).

(3) In the case of an old system eligible student where the basic amount of the grant for fees has been calculated in accordance with regulation 17(2) or 17(8) and one of the cases set out in regulation 17(4)(b) or (d) applies, to determine the actual amount of grant for fees payable the Welsh Ministers must—

(a) first, apply the contribution to reduce the basic amount of the grant for fees;

(b) second, if the contribution is not extinguished, deduct an amount equal to the basic amount of the grant for fees from what is left of the contribution reducing the remainder of the contribution to no less than nil; and

(c) third, if the contribution is still not extinguished, apply the remainder first to reduce ADG and paragraph (1) is modified accordingly.

(4) Where the course is a course for the initial training of teachers (other than a course for a first degree), there is no contribution applied against the basic amount of the grant for fees and the contribution is first applied to reduce ADG and paragraph (1) is modified accordingly.

(5) In the case of an Erasmus year, the Welsh Ministers must apply the amount by which the contribution exceeds £1,310 first to reduce ADG and paragraph (1) is modified accordingly.

(6) 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 and paragraph (1) is modified accordingly.

(7) In the case of a new system eligible student, GFF is to be treated as nil and the contribution is applied first to reduce ADG and paragraph (1) is modified accordingly.

(8) In this regulation—

(a) ADG is the amount, if any, of the adult dependants' grant calculated in accordance with regulation 30;

(b) CCG is the amount, if any, of the childcare grant calculated in accordance with regulation 30;

(d) GFT is the amount of the grant for travel for which the eligible student qualifies under regulation 33, if any;

(e) 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 to no less than the minimum level for the academic year specified in paragraph (9);

(f) PLA is the amount, if any, of the parents' learning allowance calculated under regulation 30 (except the first £50 of the allowance).

(9) Subject to paragraphs (10) and (11), the “minimum level for the academic year” (“lefel isaf am y flwyddyn academaidd”) in regulation 63(1)(e) is, in the case of a student in—

(a) category 1, £2,755;

(b) category 2, £4,986;

(d) category 4, £4,244;

(e) category 5, £3,559.

(10) Subject to paragraph (11), where the academic year in question is the final year of a course other than an intensive course, the “minimum level for the academic year” (“lefel isaf am y flwyddyn academaidd”) is, in the case of a student in—

(a) category 1, £2,493;

(b) category 2, £4,540;

(d) category 4, £3,690;

(e) category 5, £3,297.

(11) Where different categories apply to an eligible student for different quarters of the academic year, the minimum levels in paragraphs (9) and (10) are the aggregate of the amounts determined under paragraph (12) for each of the three quarters in respect of which a loan is payable.

(12) The amount determined for each quarter is one third of the amount in paragraph (9) or (10) which corresponds to the rate applicable for the quarter.

(13) This paragraph applies to type 1 and type 2 teacher training students who qualify for a maintenance grant and whose contribution exceeds nil.

(14) The loan for living costs payable in respect of an academic year to a student to whom paragraph (13) applies is calculated as follows—

$$A-B$ where— A is the amount of loan for living costs left after applying the contribution in accordance with this Part; and B is the amount of maintenance grant payable to the eligible student.$

(15) Categories 1 to 5 have the meaning given in regulation 59.

PART 10 — PAYMENTS

Payment of grants or loans for fees

64

(1) The Welsh Ministers must not pay the grant for fees, new fee grant, fee contribution loan or fee loan for which an eligible student qualifies unless they have received a request for payment from the relevant academic authority and in the case of a fee contribution loan or fee loan, the Welsh Ministers must not pay the loan before a period of three months beginning with the first day of the academic year has expired.

(2) The Welsh Ministers must pay the fee contribution loan or fee loan for which an eligible student qualifies to an academic authority to which the eligible student is liable to make payment.

(3) The Welsh Ministers must pay the grant for fees or new fee grant 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

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

(4) Where assessment of the eligible student’s contribution or other matters has delayed the final calculation of the amount of grant for which the eligible student qualifies, the Welsh Ministers may make a provisional assessment and payment.

(5) Subject to paragraph (1), the Welsh Ministers may pay the fee contribution loan or fee loan in such instalments (if any) and at such times as they consider appropriate.

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