The Education (Student Support) (Wales) Regulations 2013

• (v) A received any pension, allowance or other benefit paid by any person by reason of a disability to which A is subject, or by reason of confinement, injury or sickness.

• (2) An eligible student who qualifies as an independent eligible student under paragraph 2(1)(j) in respect of an academic year of a designated course retains that status for the duration of the period of eligibility.

Household income

3

• (1) The amount of an eligible student’s contribution depends on the household income.

• (2) The household income is—

• (a) in the case of an eligible student who is not an independent eligible student, the residual income of the eligible student aggregated with the residual income of the eligible student’s parents (subject to paragraph 5(10)) and—

• (i) in the case of a new eligible student who began the specified designated course before 1 September 2005, the residual income of the partner (other than a partner within the meaning of paragraph 1(i)(iv)) of the new eligible student’s parent (provided that the Welsh Ministers have selected that parent under paragraph 5(10)); or

• (ii) in the case of a new eligible student who began the specified designated course on or after 1 September 2005, the residual income of the partner of the new eligible student’s parent (provided that the Welsh Ministers have selected that parent under paragraph 5(10));

• (b) in the case of an independent eligible student who has a partner, the residual income of the independent eligible student aggregated with the residual income of the independent eligible student’s partner (subject to sub-paragraph (4)); or

• (c) in the case of an independent eligible student who does not have a partner, the residual income of the independent eligible student.

• (3) In determining the household income under sub-paragraph (2), the sum of £1,130 is deducted—

• (a) for each child wholly or mainly financially dependent on the eligible student or the eligible student’s partner; or

• (b) for each child other than the eligible student wholly or mainly financially dependent on the eligible student’s parent or the eligible student’s parent’s partner whose residual income is being taken into account.

• (4) For the purpose of calculating the contribution payable in respect of a parent student, the residual income of the parent student’s partner must not be aggregated under paragraph (b) of sub-paragraph (2) in the case of a parent student whose child or whose partner’s child holds an award in respect of which the household income is calculated with reference to the residual income of the parent student or of the parent student’s partner or of both.

Calculation of eligible student’s residual income

4

• (1) For the purpose of determining the residual income of an eligible student, there is deducted from the eligible student’s taxable income (unless already deducted in determining taxable income) the aggregate of any amounts falling within any of the following paragraphs—

• (a) any remuneration for work done during any academic year of the eligible student’s course, provided that such remuneration does not include any sums paid in respect of any period for which the eligible student has leave of absence or is relieved of the eligible student’s normal duties for the purpose of attending that course;

• (b) the gross amount of any premium or other sum paid by the eligible student in relation to a pension (not being a pension payable under a policy of life insurance) in respect of which relief is given under section 188 of the Finance Act 2004[^f00097], or where the eligible student’s income is computed for the purposes of the income tax legislation of another Member State, the gross amount of any such premium or sum in respect of which relief would be given if that legislation made provision equivalent to the Income Tax Acts.

• (2) Where the only paragraph in Part 2 of Schedule 1 into which an eligible student falls is paragraph 9 and the eligible student’s income arises from sources or under legislation different from sources or legislation normally relevant to a person referred to in paragraph 9 of Part 2 of Schedule 1, the eligible student’s income is not disregarded in accordance with sub-paragraph (1) but is instead disregarded to the extent necessary to ensure that the eligible student is treated no less favourably than a person who is referred to in any paragraph of Part 2 of Schedule 1 would be treated if in similar circumstances and in receipt of similar income.

• (3) Where the eligible student receives income in a currency other than sterling, the value of that income for the purpose of this paragraph is—

• (a) if the eligible student purchases sterling with the income, the amount of sterling the eligible student so receives;

• (b) otherwise, the value of the sterling which the income would purchase using the rate for the month in which it is received published by the Office for National Statistics[^f00098].

Calculation of parent’s residual income

5

• (1) For the purposes of determining the taxable income of an eligible student’s parent (“A” in this paragraph), any deductions which fall to be made or exemptions which are permitted—

• (a) by way of personal reliefs provided for in Chapter 1 of Part VII of the Income and Corporation Taxes Act 1988[^f00099] or, where the income is computed for the purposes of the income tax legislation of another Member State, any comparable personal reliefs;

• (b) pursuant to any enactment or rule of law under which payments which would otherwise under United Kingdom law form part of a person’s income are not treated as such; or

• (c) under sub-paragraph (2),

must not be made or permitted.

• (2) For the purposes of determining the residual income of A, there is deducted from the taxable income determined under sub-paragraph (1) the aggregate of any amounts falling within any of the following paragraphs—

• (a) the gross amount of any premium or sum relating to a pension (not being a premium payable under a policy of life assurance) in respect of which relief is given under section 188 of the Finance Act 2004, or where the income is computed for the purposes of the income tax legislation of another Member State, the gross amount of any such premium in respect of which relief would be given if that legislation made provision equivalent to the Income Tax Acts;

• (b) in any case where income is computed for the purposes of the Income Tax Acts by virtue of sub-paragraph (7) any sums equivalent to the deduction mentioned in paragraph (a) of this sub-paragraph, provided that any sums so deducted do not exceed the deductions which would be made if the whole of A’s income were in fact income for the purposes of the Income Tax Acts;

• (c) where A is a parent student or A holds a statutory award, £1,130.

• (3) Subject to sub-paragraph (4) where the Welsh Ministers are satisfied that the residual income of A in the financial year beginning immediately before the relevant year (“the current financial year” in this paragraph) is likely to be not more than 85 per cent of the sterling value of A’s residual income in the prior financial year they must, for the purpose of enabling the eligible student to attend the course without hardship, ascertain A’s residual income for the current financial year.

• (4) In the event that sub-paragraph (3) or this sub-paragraph is applied in respect of the previous academic year of the present course and the Welsh Ministers are satisfied that the residual income of A in the current financial year is likely to be not more than 85 per cent of the sterling value of A’s residual income in the preceding financial year the Welsh Ministers must, for the purpose of enabling the eligible student to attend the course without hardship, assess A’s residual income for the current financial year.

• (5) In an academic year immediately following one in which the Welsh Ministers have ascertained the residual income of A under sub-paragraph (3) or where applicable under sub-paragraph (4) and the Welsh Ministers are satisfied that the residual income of A in the current financial year is likely to be not more than 85 per cent of the sterling value of A’s residual income in the preceding financial year, the Welsh Ministers must ascertain A’s residual income for the preceding financial year.

• (6) Where A satisfies the Welsh Ministers that A’s income is wholly or mainly derived from the profits of a business or profession carried on by A, then any reference in this Schedule to a prior financial year means the earliest period of twelve months which ends after the start of the prior financial year and in respect of which accounts are kept relating to that business or profession.

• (7) Where A is in receipt of any income which does not form part of A’s income for the purposes of the Income Tax Acts or the income tax legislation of another Member State by reason only that—

• (a) A is not resident or domiciled in the United Kingdom, or where A’s income is computed as for the purposes of the income tax legislation of another Member State, not so resident or domiciled in that Member State;

• (b) the income does not arise in the United Kingdom, or where A’s income is computed as for the purposes of the income tax legislation of another Member State, does not arise in that Member State; or

• (c) the income arises from an office, service or employment, income from which is exempt from tax in pursuance of any legislation,

A’s taxable income for the purposes of this Schedule is computed as though the income under this sub-paragraph were part of A’s income for the purposes of the Income Tax Acts or the income tax legislation of another Member State, as the case may be.

• (8) Where A’s income is computed as for the purposes of the income tax legislation of another Member State, it is computed under the provisions of this Schedule in the currency of that Member State and A’s income for the purposes of this Schedule is the sterling value of that income determined in accordance with the rate for the month in which the last day of the financial year in question falls, as published by the Office for National Statistics.

• (9) Where one of the eligible student’s parents dies either before or during the relevant year and that parent’s income has been or would be taken into account for the purpose of determining the household income, the household income is—

• (a) where the parent dies before the relevant year, determined by reference to the income of the surviving parent; or

• (b) where the parent dies during the relevant year, the aggregate of—

• (i) the appropriate proportion of the household income determined by reference to the income of both parents, being the proportion in respect of that part of the relevant year during which both parents were alive; and

• (ii) the appropriate proportion of the household income determined by reference to the income of the surviving parent, being the proportion in respect of that part of the relevant year remaining after the death of the other parent.

• (10) Where the Welsh Ministers determine that the parents are separated for the duration of the relevant year, the household income is determined by reference to the income of whichever parent the Welsh Ministers consider the more appropriate under the circumstances.

• (11) Where the Welsh Ministers determine that the parents have separated in the course of the relevant year, the household income is determined by reference to the aggregate of—

• (a) the appropriate proportion of the household income determined in accordance with sub-paragraph (10), being the proportion in respect of that part of the relevant year during which the parents are separated; and

• (b) the appropriate proportion of the household income determined otherwise in respect of the remainder of the relevant year.

Calculation of eligible student’s partner’s residual income

6

• (1) Subject to sub-paragraphs (2), (3) and (4) of this paragraph, an eligible student’s partner’s income is determined in accordance with paragraph 5 (other than sub-paragraphs (9), (10) and (11) of paragraph 5), references to the parent being construed as references to the eligible student’s partner.

• (2) Where the Welsh Ministers determine that the eligible student and the eligible student’s partner are separated for the duration of the relevant year, the partner’s income is not taken into account in determining the household income.

• (3) Where the Welsh Ministers determine that the eligible student and the eligible student’s partner have separated in the course of the relevant year, the partner’s income is determined by reference to the partner’s income under sub-paragraph (1) divided by fifty-two and multiplied by the number of complete weeks in the relevant year for which the Welsh Ministers determine that the eligible student and the eligible student’s partner are not separated.

• (4) Where an eligible student has more than one partner in any one academic year, the provisions of this paragraph apply in relation to each.

Calculation of parent’s partner’s residual income

7

The income of a new eligible student’s parent’s partner whose income is part of the household income by virtue of paragraph 3(2)(a) is determined in accordance with paragraph 6, references to the eligible student’s partner being construed as references to the new eligible student’s parent’s partner, and references to the eligible student being construed as references to the new eligible student’s parent.

Calculation of contribution – old system eligible students

8

• (1) The contribution payable in relation to an old system eligible student who is not an independent eligible student or an old system eligible student who is an independent eligible student with a partner is—

• (a) in any case where the household income is £23,680 or more, £45 with the addition of £1 for every £8.78 by which the household income exceeds £23,680; and

• (b) in any case where the household income is less than £23,680, nil.

• (2) The contribution payable in relation to an old system eligible student who is an independent eligible student without a partner is—

• (a) in any case where the household income is £11,025 or more, £45 with the addition of £1 for every £8.61 by which the household income exceeds £11,025; and

• (b) in any case where the household income is less than £11,025, nil.

• (3) The amount of the contribution payable under sub-paragraph (1) or (2) must in no case exceed £7,992.

• (4) The contribution may be adjusted in accordance with paragraph 10.

• (5) Where sub-paragraph (6) applies, the aggregate contributions must not exceed £7,992.

• (6) This sub-paragraph applies where—

• (a) a contribution is payable in relation to two or more eligible students (other than new system eligible students) in respect of the same income under paragraph 5 or, where the relevant parent’s partner’s residual income is taken into account, under paragraphs 5 and 7; or

• (b) the household income consists of the residual income of an independent eligible student and the independent eligible student’s partner where both hold a statutory award.

Calculation of contribution – new system eligible students

9

• (1) Where the eligible student is a new system eligible student who is not a new cohort student, the contribution payable is—

• (a) in any case where the household income exceeds £39,778, £1 for every £8.97 by which the household income exceeds £39,778; and

• (b) in any case where the household income is £39,778 or less, nil.

• (2) Where the eligible student is a new system eligible student who is a 2010 cohort student or a 2012 cohort student, the contribution payable is—

• (a) in any case where the household income exceeds £50,753, £1 for every £5 by which the household income exceeds £50,753; and

• (b) in any case where the household income is £50,753 or less, nil.

• (3) Where the eligible student is a new system eligible student who is a 2011 cohort student, the contribution payable is—

• (a) in any case where the household income exceeds £50,448, £1 for every £5 by which the household income exceeds £50,448; and

• (b) in any case where the household income is £50,448 or less, nil.

• (4) The contribution must not in any case exceed £6,208.

• (5) The contribution may be adjusted in accordance with paragraph 10.

• (6) Where sub-paragraph (7) applies, the aggregate contributions must not exceed £6,208.

• (7) This sub-paragraph applies where—

• (a) a contribution is payable in relation to two or more eligible students (other than old system eligible students) in respect of the same income under paragraph 5 or, where the relevant parent’s partner’s residual income is taken into account, under paragraphs 5 and 7; or

• (b) the household income consists of the residual income of an independent eligible student and the independent eligible student’s partner where both hold a statutory award.

Split contributions

10

Where the same household income is used to assess the amount of a statutory award for which two or more persons qualify, the contribution payable in respect of the eligible student is divided by the number of such persons.

SCHEDULE 6 — FINANCIAL ASSESSMENT – PART-TIME GRANTS FOR DEPENDANTS

Definitions

1

• (1) In this Schedule—

• (a) “financial year” (“blwyddyn ariannol”) means the period of twelve months in respect of which the income of a person, whose residual income is calculated under the provisions of this Schedule, is computed for the purposes of the income tax legislation which applies to it;

• (b) “household income” (“incwm aelwyd, incwm yr aelwyd, incwm sydd gan yr aelwyd”) has the meaning given in paragraph 2;

• (c) “Member State” (“Aelod-wladwriaeth”) means a Member State of the European Union;

• (d) “parent” (“rhiant”) means a natural or adoptive parent and “child” (“plentyn”) is construed accordingly;

• (e) “parent student” (“myfyriwr sy’n rhiant”) means an eligible part-time student who is the parent of an eligible student;

• (f) “partner” (“partner”) in relation to an eligible part-time student 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 the person were the eligible part-time student’s spouse where an eligible part-time student is aged 25 or over on the first day of the relevant year and the eligible part-time student begins the designated part-time course on or after 1 September 2000;

• (iv) a person ordinarily living with an eligible part-time student as if the person were the eligible part-time student’s civil partner where an eligible part-time student is aged 25 or over on the first day of the relevant year and the eligible part-time student begins the designated part-time course on or after 1 September 2005;

• (g) “preceding financial year” (“blwyddyn ariannol flaenorol”) means the financial year immediately preceding the relevant year;

• (h) “relevant year” (“blwyddyn berthnasol”) means the academic year in respect of which the household income falls to be assessed;

• (i) “residual income” (“incwm gweddilliol”) means taxable income after the application of paragraph 3 (in the case of an eligible part-time student) or paragraph 4 (in the case of an eligible part-time student’s partner) and income referred to in sub-paragraph (2) received net of income tax; and

• (j) “taxable income” (“incwm trethadwy”) means, in relation to paragraph 3, in respect of the academic year for which an application has been made under regulation 111 and, in relation to paragraph 4, in respect (subject to sub-paragraphs (3), (4) and (5) of paragraph 4) of the preceding financial year, a person’s taxable income from all sources computed as for the purposes of—

• (i) the Income Tax Acts;

• (ii) the income tax legislation of another Member State which applies to the person’s income; or

• (iii) where the legislation of more than one Member State applies to the period, the legislation under which the Welsh Ministers consider the person will pay the largest amount of tax in that period (except as otherwise provided in paragraph 4),

except that no account is taken of income referred to in sub-paragraph (2) paid to another party.

• (2) The income referred to in this sub-paragraph is any benefits under a pension arrangement pursuant to an order made under section 23 of the Matrimonial Causes Act 1973 which includes provision made by virtue of sections 25B(4) and 25E(3) of that Act or pension benefits under Part 1 of Schedule 5 to the Civil Partnership Act 2004 which includes provision made by virtue of Parts 6 and 7 of that Schedule.

Household income

2

• (1) The amount of an eligible part-time student’s contribution depends on the household income.

• (2) The household income is—

• (a) in the case of an eligible part-time student who has a partner, the residual income of the eligible part-time student aggregated with the residual income of the eligible part-time student’s partner (subject to sub-paragraph (4)); or

• (b) in the case of an eligible part-time student who does not have a partner, the residual income of the eligible part-time student.

• (3) In determining the household income under sub-paragraph (2), the sum of £1,130 is deductedfor each child wholly or mainly financially dependent on the eligible part-time student or that student’s partner.

• (4) For the purpose of calculating the contribution payable in respect of a parent student, the residual income of the parent student’s partner must not be aggregated under paragraph (a) of sub-paragraph (2) in the case of a parent student whose child or whose partner’s child who is an eligible student holds an award in respect of which the household income is calculated with reference to the residual income of the parent student or of the parent student’s partner or of both.

Calculation of eligible part-time student’s residual income

3

• (1) For the purpose of determining the residual income of an eligible part-time student, there is deducted from the eligible part-time student’s taxable income (unless already deducted in determining taxable income) the gross amount of any premium or other sum paid by the eligible part-time student in relation to a pension (not being a pension payable under a policy of life insurance) in respect of which relief is given under section 188 of the Finance Act 2004[^f00100], or where the eligible part-time student’s income is computed for the purposes of the income tax legislation of another Member State, the gross amount of any such premium or sum in respect of which relief would be given if that legislation made provision equivalent to the Income Tax Acts.

• (2) Where the only paragraph in Part 2 of Schedule 1 into which an eligible part-time student falls is paragraph 9 and the eligible part-time student’s income arises from sources or under legislation different from sources or legislation normally relevant to a person referred to in paragraph 9 of Part 2 of Schedule 1, the eligible part-time student’s income is not disregarded in accordance with sub-paragraph (1) but is instead disregarded to the extent necessary to ensure that the eligible part-time student is treated no less favourably than a person who is referred to in any paragraph of Part 2 of Schedule 1 would be treated if in similar circumstances and in receipt of similar income.

• (3) Where the eligible part-time student receives income in a currency other than sterling, the value of that income for the purpose of this paragraph is—

• (a) if the eligible part-time student purchases sterling with the income, the amount of sterling the eligible part-time student so receives;

• (b) otherwise, the value of the sterling which the income would purchase using the rate for the month in which it is received published by the Office for National Statistics[^f00101].

Calculation of eligible part-time student’s partner’s residual income

4

• (1) For the purposes of determining the taxable income of an eligible part-time student’s partner (“A” in this paragraph), any deductions which fall to be made or exemptions which are permitted—

• (a) by way of personal reliefs provided for in Chapter 1 of Part VII of the Income and Corporation Taxes Act 1988 or, where the income is computed for the purposes of the income tax legislation of another Member State, any comparable personal reliefs;

• (b) pursuant to any enactment or rule of law under which payments which would otherwise under United Kingdom law form part of a person’s income are not treated as such; or

• (c) under sub-paragraph (2),

must not be made or permitted.

• (2) For the purposes of determining the residual income of A, there is deducted from the taxable income determined under sub-paragraph (1) the aggregate of any amounts falling within any of the following paragraphs—

• (a) the gross amount of any premium or sum relating to a pension (not being a premium payable under a policy of life assurance) in respect of which relief is given under section 188 of the Finance Act 2004, or where the income is computed for the purposes of the income tax legislation of another Member State, the gross amount of any such premium in respect of which relief would be given if that legislation made provision equivalent to the Income Tax Acts;

• (b) in any case where income is computed for the purposes of the Income Tax Acts by virtue of sub-paragraph (6) any sums equivalent to the deduction mentioned in paragraph (a) of this sub-paragraph, provided that any sums so deducted do not exceed the deductions which would be made if the whole of A’s income were in fact income for the purposes of the Income Tax Acts.

• (3) Where the Welsh Ministers are satisfied that the residual income of A in the financial year beginning immediately before the relevant year (“the current financial year”) is likely to be not more than 85 per cent of the sterling value of A’s residual income in the preceding financial year they must, for the purpose of enabling the eligible part-time student to attend the course without hardship, ascertain A’s residual income for the current financial year.

• (4) Where the Welsh Ministers are satisfied that the residual income of A in any financial year is, as a result of any event, likely to be and to continue after that year to be not more than 85 per cent of the sterling value of A’s residual income in the previous financial year they must, for the purpose of enabling the eligible part-time student to attend the course without hardship, ascertain the household income for the academic year of the eligible part-time student’s course in which that event occurred by taking as the residual income of A the average of A’s residual income for each of the financial years in which that academic year falls.

• (5) Where A satisfies the Welsh Ministers that A’s income is wholly or mainly derived from the profits of a business or profession carried on by A, then any reference in this Schedule to a preceding financial year means the earliest period of twelve months which ends after the start of the preceding financial year and in respect of which accounts are kept relating to that business or profession.

• (6) Where A is in receipt of any income which does not form part of A’s income for the purposes of the Income Tax Acts or the income tax legislation of another Member State by reason only that—

• (a) A is not resident, ordinarily resident or domiciled in the United Kingdom, or where A’s income is computed as for the purposes of the income tax legislation of another Member State, not so resident, ordinarily resident or domiciled in that Member State;

• (b) the income does not arise in the United Kingdom, or where A’s income is computed as for the purposes of the income tax legislation of another Member State, does not arise in that Member State; or

• (c) the income arises from an office, service or employment, income from which is exempt from tax in pursuance of any legislation,

A’s taxable income for the purposes of this Schedule is computed as though the income under this sub-paragraph were part of A’s income for the purposes of the Income Tax Acts or the income tax legislation of another Member State, as the case may be.

• (7) Where A’s income is computed as for the purposes of the income tax legislation of another Member State, it is computed under the provisions of this Schedule in the currency of that Member State and A’s income for the purposes of this Schedule is the sterling value of that income determined in accordance with the rate for the month in which the last day of the financial year in question falls, as published by the Office for National Statistics.

• (8) Where the Welsh Ministers determine that the eligible part-time student and the eligible part-time student’s partner are separated for the duration of the relevant year, the partner’s income is not taken into account in determining the household income.

• (9) Where the Welsh Ministers determine that the eligible part-time student and the eligible part-time student’s partner have separated in the course of the relevant year, the partner’s income is determined by reference to the partner’s income under sub-paragraph (1) divided by fifty-two and multiplied by the number of complete weeks in the relevant year for which the Welsh Ministers determine that the eligible part-time student and the eligible part-time student’s partner are not separated.

• (10) Where an eligible part-time student has more than one partner in any one academic year, the provisions of this paragraph apply in relation to each.

Calculation of contribution

5

• (1) The contribution payable in relation to an eligible part-time student is—

• (a) in any case where the household income exceeds £39,793, £1 for every £9.27 by which the household income exceeds £39,793; and

• (b) in any case where the household income is £39,793 or less, nil.

• (2) The contribution must not in any case exceed £6,208.

• (3) The contribution may be adjusted in accordance with paragraph 6.

• (4) Where sub-paragraph (5) applies, the aggregate contributions must not exceed £6,208.

• (5) This sub-paragraph applies where the household income consists of the residual income of an eligible part-time student and the eligible part-time student’s partner where both hold a statutory award.

Split contributions

6

Where the same household income is used to assess the amount of a statutory award for which two or more persons qualify the contribution payable in respect of the eligible part-time student is divided by the number of such persons.

Signed

Huw Lewis — Minister for Education and Skills, one of the Welsh Ministers — 2013-12-12

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

These Regulations provide for financial support for students who are ordinarily resident in Wales taking designated higher education courses in respect of academic years beginning on or after 1 September 2014. They consolidate, with some changes, the Education (Student Support) (Wales) Regulations 2012 (“the 2012 Regulations”).

These Regulations revoke the 2012 Regulations subject to the provisions of regulation 3 explained below. The 2012 Regulations will continue to apply to the provision of support to students in relation to the academic year which begins on or after 1 September 2013 but before 1 September 2014. Regulation 3 sets out the extent of the revocation. Changes of substance made in these Regulations are highlighted below.

To qualify for financial support a student must be an “eligible student”. Broadly, a person is an eligible full-time student if that person falls within one of the categories listed in Part 2 of Schedule 1 and also satisfies the eligibility provisions in Part 2 of the Regulations (separate eligibility provisions apply to students undertaking distance learning, part-time and postgraduate courses and Parts 11 to 13 of the Regulations refer).

The Regulations apply to students ordinarily resident in Wales wherever they study on a designated course in the United Kingdom. For the purposes of these Regulations a person who is ordinarily resident in Wales, England, Scotland, Northern Ireland, the Channel Islands or the Isle of Man as a result of having moved from one of those areas for the purpose of undertaking a designated course is considered ordinarily resident in the place from which that person moved (Schedule 1, paragraph 1(3)). An eligible student must also satisfy any requirements elsewhere in the Regulations; in particular the specific requirements applicable to each type of financial support.

Support is only available under the Regulations in respect of “designated” courses within the meaning of regulations 5, 78, 95, 124 and Schedule 2.

The distinction between old system eligible students and new system eligible students (introduced by the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2006) in relation to financial support to students for full-time courses is retained (regulation 2(1)).

Old system eligible students are eligible students attending courses that started before 1 September 2006, gap year students starting courses before 1 September 2007 and certain other categories of student. The following grants and loans are available to old system eligible students subject to the conditions prescribed in the relevant regulations—

• Grant for fees (regulations 16 to 18);

• Fee contribution loan (regulation 22);

• Grant for disabled students’ living costs (regulation 29);

• Grants for dependants (regulations 30 to 35);

• Grant for travel (regulations 37 to 39);

• Higher education grant (regulation 40); and

• Loans for living costs (Part 6).

A new system eligible student is an eligible student who started their course on or after 1 September 2006 and is continuing on that course after 31 August 2014, or starts their present course on or after 1 September 2014, and is not an old system eligible student. The following grants and loans are available to new system eligible students subject to the conditions prescribed in the relevant regulations—

• Fee grant (regulation 19);

• New fee grant (regulation 20);

• Fee loan (regulations 23 and 24);

• New fee loan (regulation 25);

• New private institution fee loan (regulation 26);

• Accelerated graduate entry fee loan (regulation 27);

• Grant for disabled students’ living costs (regulation 29);

• Grants for dependants (regulations 30 to 35);

• Grant for travel (regulations 37 to 39);

• Maintenance grant or special support grant (regulations 41 to 48);

• Loans for living costs (Part 6); and

• College fee loans (Schedule 4).

The Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2009 introduced two new sub-categories of new system eligible student, namely a “2010 cohort student” and a “2010 gap year student”. The Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2011 introduced a further two new sub-categories of new system eligible student, namely a “2011 cohort student” and a “2011 gap year student”. The Assembly Learning Grants and Loans (Higher Education) (Wales) (No.2) Regulations 2011 then introduced one further new category of new system eligible student, namely a 2012 cohort student. A 2012 cohort student is a new system eligible student who begins the present course on or after 1 September 2012 and the relevant provisions will continue to apply to students who begin the present course on or after 1 September 2014. The definition of 2012 cohort student in regulation 2(1) also provides that certain categories of students are not classed as 2012 cohort students. The term “new cohort student” (“myfyriwr carfan newydd”) in regulation 2(1) also collectively describes 2010 cohort students, 2011 cohort students and 2012 cohort students.

Part 2 of these Regulations concerns eligibility.

Part 3 of these Regulations makes provision for applications for support (regulation 9), time limits for applications (regulation 10) and regulation 11 and Schedule 3 specify the information that must be provided by applicants.

Part 4 of these Regulations provides for fee support, in the form of grants for fees and fee loans.

Regulation 20 provides for the payment of a new fee grant to 2012 cohort students. Regulation 23 provides for the payment of fee loans to new system eligible students who do not qualify for a fee grant. A new cohort student (other than a 2012 cohort student) falls within that category. Regulation 24 provides for the payment of fee loans to students who qualify for a fee grant under regulation 19. The payment of fee loans under regulations 23 and 24 will only apply in relation to courses beginning before 1 September 2012.

The fee loans available in respect of courses beginning on or after 1 September 2012 are set out in regulations 25 to 27. Regulation 25 provides for the payment of a new fee loan to 2012 cohort students who undertake courses at publicly funded institutions. Regulation 26 provides for the payment of a new private institution fee loan to 2012 cohort students who undertake courses at private institutions. Finally, regulation 27 provides for the payment of an accelerated graduate entry fee loan to students who begin accelerated graduate entry courses on or after 1 September 2012.

These Regulations also provide for new levels of fee support for certain 2012 cohort students who are undertaking a study year abroad or a work placement as part of a designated course. This includes students who are undertaking a work placement or study year abroad as part of a sandwich course or an Erasmus year. The relevant support is set out in regulations 20, 25 and 26 and a related change is made to the definition of “Erasmus Year” in regulation 2(1).

Part 5 of these Regulations makes provision for grants for living costs which includes grants for travel for certain categories of eligible student.

It provides that the amount of maintenance grant or special support grant payable to a new system eligible student will differ according to whether the student is a new system eligible student who is not a new cohort student (regulations 42 and 46); a 2010 cohort student and a 2012 cohort student (regulations 43 and 47); or a 2011 cohort student (regulations 44 and 48).

Regulation 32 makes provision for the childcare grant which is payable in respect of childcare charges incurred in relation to children who are dependent on an eligible student, including children who are born after the beginning of the academic year. This regulation also now enables the Welsh Ministers to limit the amount of childcare grant payable where an eligible student does not submit details of the childcare provider.

Regulations 30 to 35 make provision for the grants for dependants. Regulation 34 provides that the residual income of any partner or adult dependant in the prior financial year and the net income of any child dependant in the prior financial year will be taken into account when calculating the amount of any grants for dependants. However, where a dependant’s income for the current financial year is likely to be 15 per cent less than their income in the prior financial year, the Welsh Ministers may assess the dependant’s income on the basis of the current financial year. Regulation 35 provides definitions of “dependant”, “residual income”, “net income”, “prior financial year” and “current financial year” for these purposes. Equivalent provision is made in respect of part-time grants for dependants in Part 12 of these Regulations.

Part 6 makes provision for loans for living costs. Such loans are payable to both old system eligible students and new system eligible students.

The amount of loan payable to a new system eligible student may differ according to whether the student is a new system eligible student who is not a new cohort student (regulation 52); a 2010 cohort student, a 2012 cohort student or a 2012 accelerated graduate entry student undertaking their first year of study (regulation 54); or a 2011 cohort student (regulation 55).

Part 7 sets out general provisions relating to loans made under the Regulations.

Part 8 and Schedule 4 make provision for “college fee loans”. These are loans in respect of the college fees payable by a qualifying student to a college or permanent private hall of the University of Oxford or to a college of the University of Cambridge in connection with attendance of a qualifying student on a qualifying course.

Part 9 and Schedule 5 continue to make provision for the means-testing of students taking designated full-time courses. A contribution from the student is calculated on the basis of household income. The contribution is to be applied to specified grants and loans until it is extinguished against the amount of the particular grants and loans for which the student qualifies.

Part 10 makes provision for payment of grants and loans.

Part 11 makes provision for support to students who are undertaking designated distance learning courses.

Part 12 and Schedule 6 make provision for support for part-time courses. Regulation 98 makes provision for a new part-time fee loan which is available to eligible part-time students who start designated part-time courses on or after 1 September 2014. The level of new part-time fee loan will vary according to whether the designated part-time course is provided by an institution in Wales or an institution in England, Scotland or Northern Ireland. The level of new part-time fee loan will also vary according to whether the designated part-time course is provided by a publicly funded institution or private institution in England, Scotland or Northern Ireland. The new part-time fee loan will be available to new eligible part-time students who study designated part-time courses at an intensity of study above 25 per cent.

Regulation 99 makes provision for a new part-time course grant, which is means tested, and available to eligible part-time students who start designated part-time courses on or after 1 September 2014. The new part-time course grant will be available to eligible part-time students who study designated part-time courses at an intensity of study above 50 per cent.

Part 13 makes provision for postgraduate students with disabilities.

Regulations 29, 32, 37, 41, 45, 83, 100 and 129 make provision (in part) for students who become eligible for certain types of support part way through an academic year. They provide that such students will now only qualify for the relevant support in respect of the academic quarters following the event which triggers their eligibility.

Part 14 makes amendments to the 2012 Regulations in relation to “compressed first year courses”. These are courses in which the first year of study is undertaken on a compressed basis. The definition of “academic year” is also amended for this purpose.

Footnotes

[^f00001]: 1998 c.30; section 22 was amended by the Learning and Skills Act 2000 (c.21), section 146 and Schedule 11, the Income Tax (Earnings and Pensions) Act 2003 (c.1), Schedule 6, the Finance Act 2003 (c.14), section 147, the Higher Education Act 2004 (c.8), sections 42 and 43 and Schedule 7 and the Apprenticeships, Skills, Children and Learning Act 2009 (c.22), section 257. See section 43(1) of the Teaching and Higher Education Act 1998 for the definition of “prescribed” and “regulations”.

[^f00002]: The functions of the Secretary of State under section 22 of the Teaching and Higher Education Act 1998 (except so far as they relate to the making of any provision authorised by subsection (2)(a), (c), (j) or (k), (3)(e) or (f) or (5) of section 22) were transferred to the National Assembly for Wales by section 44 of the Higher Education Act 2004 and the Higher Education Act 2004 (Commencement No. 2 and Transitional Provision) (Wales) Order 2005 (S.I. 2005/1833 (W.149) (C.79)) as amended by the Higher Education Act 2004 (Commencement No. 2 and Transitional Provision) (Wales) (Amendment) Order 2006 (S.I. 2006/1660 (W.159) (C.56)). The functions of the National Assembly for Wales were transferred to the Welsh Ministers by virtue of paragraphs 30(1) and 30(2)(c) of Schedule 11 to the Government of Wales Act 2006 (c.32).

[^f00003]: 1962 c. 12; sections 1 to 4 and Schedule 1 were substituted by the provisions set out in Schedule 5 to the Education Act 1980 (c. 20). Section 1(3)(d) was amended by the Education (Grants and Awards) Act 1984 (c. 11), section 4. Section 4 was amended by the Education Act 1994 (c. 30), Schedule 2, paragraph 2. The entire Act was repealed by the Teaching and Higher Education Act 1998 (c. 30), section 44(2) and Schedule 4, subject to the transitional provisions and savings set out in the Teaching and Higher Education Act 1998 (Commencement No. 4 and Transitional Provisions) Order 1998 (S.I. 1998/3237), article 3.

[^f00004]: S.I. 1998/2003, revoked with savings by S.I. 1999/496.

[^f00005]: S.I. 1999/496, amended by S.I. 1999/2266 and S.I. 2000/1120. These instruments were revoked by S.I. 2000/1121, except in relation to the provision of support to students in respect of an academic year which begins before 1 September 2000.

[^f00006]: S.I. 2000/1121, amended by S.I. 2000/1490, S.I. 2000/2142 and S.I. 2000/2912. These instruments were revoked by S.I. 2001/951 except in relation to the provision of support to students in respect of an academic year which begins before 1 September 2001.

[^f00007]: S.I. 2001/951, amended by S.I. 2001/1730, S.I. 2001/2355 and S.I. 2002/174. These instruments were revoked by S.I. 2002/195 except in relation to the provision of support to students in respect of an academic year which begins before 1 September 2002.

[^f00008]: S.I. 2002/195, amended by S.I. 2002/1318, S.I. 2002/2088 and S.I. 2002/3059. S.I. 2002/195, S.I. 2002/1318 and S.I. 2002/2088 were revoked by S.I. 2002/3200 except in relation to the provision of support to students in respect of an academic year which begins before 1 September 2003. S.I. 2002/3059 was revoked by S.I. 2003/1065.

[^f00009]: S.I. 2002/3200, amended by S.I. 2003/1065 and S.I. 2003/3280. S.I. 2002/3200 and S.I. 2003/1065 were revoked by S.I. 2005/52 with savings.

[^f00010]: S.I. 2002/3200, amended by S.I. 2003/1065, S.I. 2003/3280, S.I. 2004/161, S.I. 2004/1602, S.I. 2004/2041, S.I. 2004/2598, S.I. 2005/1341 and S.I. 2005/2084. There are other amendments which are not relevant to these Regulations. Except for S.I. 2005/1341 and S.I. 2005/2084, these instruments were revoked with savings by S.I. 2005/52. S.I. 2005/1341 and S.I. 2005/2084 were revoked, with savings, in relation to Wales by S.I. 2006/126 (W.19).

[^f00011]: S.I. 2005/52, amended by S.I. 2005/1341, S.I. 2005/2084, S.I. 2005/3482 and S.I. 2006/955. Except for S.I. 2005/3482 and S.I. 2006/955, these instruments were revoked in relation to Wales, with savings, by S.I. 2006/126 (W.19).

[^f00012]: S.I. 2006/126 (W.19), amended by S.I. 2006/1863 (W.196). These instruments were revoked by S.I. 2007/1045 (W.104) with savings in relation to the provision of support to students in respect of an academic year which begins on or after 1September 2006 but before 1 September 2007.

[^f00013]: S.I. 2007/1045 (W.104), amended by S.I. 2007/2312 (W.183), S.I. 2007/2851 (W.248) and S.I. 2007/3230 (W.282). S.I. 2007/1045 (W.104) was revoked, with savings, by S.I. 2008/1273 (W.130).

[^f00014]: S.I. 2008/1273 (W.130), amended by S.I. 2008/2140 (W.189). These instruments were revoked, with savings, by S.I. 2008/3170 (W.283).

[^f00015]: S.I. 2008/3170 (W.283), amended by S.I. 2009/2156 (W.180). S.I. 2008/3170 (W.283) was revoked, with savings, by S.I. 2009/2737 (W.235).

[^f00016]: S.I. 2009/2737 (W.235). This instrument was revoked, with savings by S.I. 2011/148 (W.32)

[^f00017]: S.I. 2011/148 (W.32) as amended by S.I. 2011/1978 (W.218). This instrument was revoked, with savings by S.I. 2011/886 (W.130).

[^f00018]: S.I. 2011/886 (W.130) as amended by S.I. 2011/1978 (W.218), S.I. 2012/14 (W.5) and S.I. 2012/1156 (W.139).

[^f00019]: S.I. 2012/3097 (W.313) as amended by S.I. 2013/765 (W.91) and S.I. 2013/1965 (W.190).

[^f00020]: S.I. 2013/3029 (W.301).

[^f00021]: The current default scheme is set out in S.I. 2013/3035 (W.303).

[^f00022]: 1992 c.14; Schedule 1B was inserted by the Local Government Finance Act 2012, section 10 and Schedule 4.

[^f00023]: OJ No L158, 30.04.2004, p.77-123.

[^f00024]: S.I. 2004/1729 (W.173), as amended by S.I. 2007/2811 (W.238), S.I. 2008/215 (W.26) and S.I. 2010/1142 (W.101).

[^f00025]: ERASMUS is part of the European Community action programme SOCRATES; OJ No L28, 3.2.2000, p.1.

[^f00026]: 2004 c.8. Section 41(1) has been amended but those amendments are not relevant to these Regulations.

[^f00027]: This body was originally established under section 1 of the Education Act 1994 (c. 30) as the Teacher Training Agency. By virtue of section 74 of the Education Act 2005 (c.18), it became known instead as the Training and Development Agency for Schools. The body was abolished by the Education Act 2011 (c.21) with effect from 1 April 2012.

[^f00028]: Seesections 85 - 90 of the Education Act 2005 for HEFCW’s function in relation to teacher training.

[^f00029]: 1968 c. 46; section 63 was amended by the National Health Service (Scotland) Act 1972 (c. 58), Schedule 7, the National Health Service Reorganisation Act 1973 (c. 32), Schedules 4 and 5, the National Health Service Act 1977 (c. 49), Schedules 15 and 16, the National Health Service (Scotland) Act 1978 (c. 29), Schedules 16 and 17, the Local Government Act 1985 (c. 51), Schedule 17, the Health and Medicines Act 1988 (c. 49), section 20, section 25(2) and Schedule 3, the Local Government etc. (Scotland) Act 1994 (c. 39), Schedule 13, the Health Authorities Act 1995 (c. 17), Schedule 1, the Local Government Reorganisation (Wales) (Consequential Amendments No. 2) Order 1996 (S.I. 1996/1008), the National Health Service (Primary Care) Act 1997 (c. 46), Schedule 2, the Health Act 1999 (c. 8), Schedule 4, the Health and Social Care Act 2001 (c. 15), Schedule 5, the National Health Service Reform and Health Care Professions Act 2002 (c. 17), Schedules 2, 5 and 9, S.I. 2002/2202, article 4(a) and (b), the National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc Provisions) Regulations 2002 (S.I. 2002/2469), Schedule 1, the Health and Social Care (Community Health and Standards) Act 2003 (c. 43), Schedules 4, 11 and 14, the Health and Social Care (Community Health and Standards) Act 2003 Commencement (No. 2) Order 2004 (S.I. 2004/288), article 7, the Health and Social Care (Community Health and Standards) Act 2003 (Commencement No. 1) (Wales) Order 2004 (S.I. 2004/480); the Children Act 2004 (c. 31), section 55; S.I. 2004/957, the Schedule; the National Health Service (Consequential Provisions) Act 2006 (c. 43), Schedule 1, S.I. 2007/961, the Schedule and the Health Act 2009, Schedule 1

[^f00030]: S.I. 1972/1265 (N.I. 14).

[^f00031]: The University of London Institute in Paris was formerly known as the British Institute in Paris. The British Institute in Paris formally changed its name on 1 January 2005.

[^f00032]: S.I. 2003/1994, amended by S.I. 2004/1038, S.I. 2004/1792, S.I. 2005/2083, S.I. 2005/3137, S.I. 2005/3482, S.I. 2006/930, S.I. 2007/1629, S.I. 2008/1477 and the Education Act 2005, section 74.

[^f00033]: 2002 c.41. Section 104 was amended by the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (c.19), Schedules 2 and 4, the Immigration, Asylum and Nationality Act 2006 (c.13), section 9 and S.I. 2010/21.

[^f00034]: Regulation 14 of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 (S.I. 2002/2005) as amended by S.I. 2003/701, S.I. 2003/2815, S.I. 2004/762, S.I. 2004/1276, S.I. 2004/2663, S.I. 2005/769, S.I. 2005/2919, S.I. 2006/766, S.I. 2007/824, S.I. 2007/2479, S.I. 2008/604, S.I. 2008/2169, S.I. 2009/697, S.I. 2009/2887 and S.I. 2010/751 sets out the charges that are prescribed, and thus relevant childcare charges, for the purposes of section 12 of the Tax Credits Act 2002.

[^f00035]: 2002 c. 32.

[^f00036]: Cmnd. 9171.

[^f00037]: Cmnd. 3906 (out of print; photocopies are available, free of charge, from the Student Support Division, Department for Business, Innovation and Skills, Mowden Hall, Staindrop Road, Darlington DL3 9BG).

[^f00038]: 1980 c. 44; section 73(f) was amended by the Teaching and Higher Education Act 1998 (c. 30), section 29(1) and the Education (Graduate Endowment and Student Support) (Scotland) Act 2001 (asp 6), section 3(2) and section 74 was amended by the Self Governing Schools etc. (Scotland) Act 1989 (c. 39), Schedule 10, paragraph 8(17). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

[^f00039]: 1990 c. 6; repealed by the Teaching and Higher Education Act 1998 (c. 30), Schedule 4, with savings see the Teaching and Higher Education Act 1998 (Commencement No.2 and Transitional Provisions) Order 1998 (S.I. 1998/2004) (C.46).

[^f00040]: S.I. 1990/1506 (N.I. 11), amended by S.I. 1996/1274 (N.I. 1), Article 43 and Schedule 5 Part II, S.I. 1996/1918 (N.I. 15), Article 3 and the Schedule and S.I. 1998/258 (N.I. 1), Articles 3 to 6 and revoked, with savings, by SR (NI) 1998 No 306.

[^f00041]: S.I.1998/1760 (N.I. 14) to which there have been amendments not relevant to these Regulations.

[^f00042]: S.I. 1998/1166, amended by S.I.1998/1972 and revoked with savings by S.I. 1999/1494.

[^f00043]: 2012 c.5.

[^f00044]: 2004 c.8.

[^f00045]: S.S.I. 2007/151, as amended by S.S.I. 2007/503, S.S.I. 2008/206, S.S.I 2009/188 and S.S.I. 2009/309.

[^f00046]: 1988 c.40; section 214(2) was amended by the Further and Higher Education Act 1992 (c.13), section 93 and Schedule 8.

[^f00047]: 1992 c. 13; section 65(3A) was inserted by the Teaching and Higher Education Act 1998 (c. 30), section 27.

[^f00048]: S.I. 1999/2263, amended by S.I. 2001/2893.

[^f00049]: 1992 c. 13; section 65(3A) was inserted by the Teaching and Higher Education Act 1998 (c. 30), section 27.

[^f00050]: 2006 c.41.

[^f00051]: 2006 c.42.

[^f00052]: 1978 c.29 to which there have been amendments not relevant to these Regulations.

[^f00053]: 2009 c.1 (N.I.).

[^f00054]: 2006 c.41; sections 1H and 1I were inserted by the Health and Social Care Act 2012 (c. 7), sections 9 and 10.

[^f00055]: 2012 c.7.

[^f00056]: 1996 c. 56; section 312 was amended by the Education Act 1997 (c. 44), Schedule 7, paragraph 23 and Schedule 8, the Schools Standards and Framework Act 1998 (c. 31), section 140, Schedule 30, paragraph 71 and Schedule 31, the Learning and Skills Act 2000 (c. 21), Schedule 9, paragraph 56, the Education and Inspections Act 2006 (c. 40), Schedule 1, paragraph 3, the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), section 59 and Schedule 2 and S.I. 2010/1158.

[^f00057]: 2002 c. 21 to which there are amendments not relevant to these Regulations.

[^f00058]: S.I. 2013/376.

[^f00059]: 1973 c.18, section 23 was amended by the Administration of Justice Act 1982 (c.53), section 16 and by the Matrimonial and Family Proceedings Act 1984 (c.42), section 21.

[^f00060]: 2004 c.33, Schedule 5 was amended by the Crime and Courts Act 2013 (c.22), section 17 and Schedule 11.

[^f00061]: 1992 c. 4 to which there are amendments not relevant to these Regulations.

[^f00062]: 2002 c. 38.

[^f00063]: 1989 c. 41. Section 23 was amended by the Courts and Legal Services Act 1990 (c. 41), Schedule 16, paragraph 12, the Care Standards Act 2000 (c.14), Schedule 4, paragraph 14, the Children Act 2004 (c.31), section 49(3) and the Children and Young Persons Act 2008 (c. 23), section 39 and Schedule 3, paragraphs 1 and 7.

[^f00064]: Subsections (5A) to (5C) of section 23C of the Children Act 1989 were inserted, in relation to England, by section 21 of the Children and Young Persons Act 2008 and S.I. 2009/268 and S.I. 2009/ 2273 refer. Subsections (5A) to (5C)) were inserted into section 23C in relation to Wales and S.I. 2010/1329 (W. 112) (C.81) and S.I. 2011/824 (W. 123) (C. 32) refer.

[^f00065]: There are amendments to sections 15 and 24 and Schedule 1 which are not relevant to these Regulations.

[^f00066]: 2002 c. 21 to which there are amendments not relevant to these Regulations.

[^f00067]: 1992 c.4. There are amendments to section 124 which are not relevant to these Regulations. Categories under section 124(1)(e) are prescribed by regulations. The relevant regulation is regulation 4ZA of the Income Support (General) Regulations 1987 (S.I. 1987/1967). Regulation 4ZA was inserted by S.I. 1996/206, amended by S.I. 1997/2197, S.I. 2000/636, S.I. 2000/1981, S.I. 2001/3070, S.I. 2006/2144, S.I. 2008/1826, S.I. 2009/583, S.I. 2009/2655 and S.I. 2009/3152.

[^f00068]: There are amendments to section 130 which are not relevant to these Regulations. The relevant regulation is regulation 56 of the Housing Benefit Regulations 2006 (S.I. 2006/213 as amended by S.I. 2006/718, S.I. 2008/1042, S.I. 2008/1082, S.I. 2009/583 and S.I. 2010/641).

[^f00069]: S.S.I. 2007/151, amended by S.S.I. 2007/503, S.S.I. 2008/206, S.S.I. 2009/188 and S.S.I. 2009/309.

[^f00070]: 2002 c.41. Section 104 was amended by the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (c. 19), Schedules 2 and 4, the Immigration, Asylum and Nationality Act 2006 (c. 13), section 9 and S.I. 2010/21.

[^f00071]: S.I. 1998/1760 (N.I. 14), to which there are amendments not relevant to these Regulations.

[^f00072]: 1980 c.44; section 73(f) was amended by the Teaching and Higher Education Act 1998 (c. 30), section 29(1) and the Education (Graduate Endowment and Student Support) (Scotland) Act 2001 (asp 6), section 3(2). Section 73B was inserted by section 29(2) of the Teaching and Higher Education Act 1998 and was amended by the Education (Graduate Endowment and Student Support) (Scotland) Act 2001, Schedule 6 to the Income Tax (Earnings and Pensions) Act 2003 (c. 1) and section 34(1) of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3). Section 74 was amended by section 82 of and Schedule 10 to the Self-Governing Schools etc. (Scotland) Act 1989 (c. 39). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

[^f00073]: 1992 c. 4; Part VII was amended by the Local Government Finance Act 1992 (c. 14), Schedule 9 and Schedule 14; the Social Security (Incapacity for Work) Act 1994, Schedules 1 and 2; the Jobseekers Act 1995 (c. 18), Schedule 2 and Schedule 3; the Housing Act 1996 (c. 52), Schedule 19 Part 6; the Welfare Reform and Pensions Act 1999 (c. 30), Schedule 8; the Health and Social Care Act 2001 (c. 15), Schedule 6 Part 3; the State Pension Credit Act 2002 (c. 16), Schedule 2 and Schedule 3, the Tax Credits Act 2002 (c. 21), Schedule 6; S.I. 2002/1397; the Income Tax (Earnings and Pensions) Act 2003 (c. 1), Schedule 6, paragraphs 169 and 179, the Civil Partnership Act 2004 (c. 33), Schedule 24 and Schedule 30; the Welfare Reform Act 2007 (c. 5), sections 30(2) and 31(1), Schedule 3, Schedule 5 and Schedule 8; S.I. 2008/632, S.I. 2008/787; S.I. 2009/497 and S.I. 2010/793.

[^f00074]: 1995 c. 18; Part I was amended by the Employment Rights Act 1996 (c. 18), Schedule 1; the Social Security Act 1998 (c. 14), Schedules 7 and 8; the Welfare Reform and Pensions Act 1999 (c. 30), Schedules 1, 7, 8 and 13; the State Pension Credit Act 2002 (c. 16), Schedule 2; the National Insurance Contributions Act 2002 (c. 19), Schedule 1; the Income Tax (Earnings and Pensions) Act 2003 (c. 18), Schedule 6; the Civil Partnership Act 2004 (c. 33), Schedule 24 and S.I. 2006/343; the Welfare Reform Act 2007 (c.5), Schedule 3 and the Welfare Reform Act 2009 (c.24), section 33.

[^f00075]: 1973 c. 50; section 2 as substituted by the Employment Act 1988 (c. 19) was amended by the Employment Act 1989 (c. 38), Schedule 7. Subsections (3A) and (3B) were inserted by the Trade Union Reform and Employment Rights Act 1993 (c. 19), section 47 in relation to Scotland only.

[^f00076]: 2007 c.5, amended by the Welfare Reform Act 2009 (c. 24), sections 10, 11, 28 and Schedule 3.

[^f00077]: 2002 c.21, section 3 was amended by the Civil Partnership Act 2004 (c. 33), section 254 and Schedule 24.

[^f00078]: 1992 c. 13; section 65(3A) was inserted by the Teaching and Higher Education Act 1998 (c. 30), section 27.

[^f00079]: 1996 c. 56; section 312 was amended by the Education Act 1997 (c. 44), Schedule 7, paragraph 23, the School Standards and Framework Act 1998 (c. 31), section 140, paragraph 71 of Schedule 30 and Schedule 31, the Learning and Skills Act 2000 (c. 21), Schedule 9, paragraph 56 and the Education and Inspections Act 2006 (c.40), Schedule 1, paragraph 3, the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), section 59 and Schedule 2 and S.I. 2010/1158.

[^f00080]: 2002 c.21 to which there are amendments not relevant to these Regulations.

[^f00081]: 1992 c.4 to which there are amendments not relevant to these Regulations.

[^f00082]: 2002 c. 38.

[^f00083]: 1989 c. 41. Section 23 was amended by the Courts and Legal Services Act 1990 (c. 41), Schedule 16, paragraph 12, the Care Standards Act 2000 (c. 14), Schedule 4, paragraph 14, the Children Act 2004 (c. 31), section 49(3) and the Children and Young Persons Act 2008 (c. 23), section 39 and Schedule 3, paragraphs 1 and 7.

[^f00084]: There are amendments to sections 15 and 24 and Schedule 1 which are not relevant to these Regulations.

[^f00085]: 2002 c. 21 to which there are amendments not relevant to these Regulations.

[^f00086]: This body was established under section 1 of the Further and Higher Education (Scotland) Act 2005 (asp 6).

[^f00087]: 2000 c.14.

[^f00088]: 1992 c.13; section 65(3A) was inserted by the Teaching and Higher Education Act 1998 (c.30), section 27.

[^f00089]: 1971 c. 77; section 33(2A) was inserted by paragraph 7 of Schedule 4 to the British Nationality Act 1981 (c. 61).

[^f00090]: Cm. 4904 and OJ No L114, 30.04.02, p.6 .

[^f00091]: OJ No L257, 19.10.1968, p2 (OJ/SE 1968 (II) p.475).

[^f00092]: 1973 c.18; section 23 was amended by the Administration of Justice Act 1982 (c.53), section 16.

[^f00093]: Section 25B was inserted by the Pensions Act 1995 (c.26), section 166(1) and was amended by the Welfare Reform and Pensions Act 1999 (c.30), Schedule 4. Section 25E was inserted by the Pensions Act 2004 (c.35), section 319(1), Schedule 12, paragraph 3.

[^f00094]: 2004 c.33; paragraph 25 of Schedule 5 was modified by S.I. 2006/1934.

[^f00095]: 1989 c. 41; section 22 has been amended by the Children (Leaving Care) Act 2000 (c. 35), section 2, Local Government Act 2000 (c. 22), Schedule 5, paragraph 19, the Adoption and Children Act 2002 (c. 38), section 116(2), the Children Act 2004 (c. 31), section 52 and the Children and Young Persons Act 2008 (c. 23), section 39 and Schedule 3.

[^f00096]: Funding provided by the Research Councils in respect of full time post graduate study.

[^f00097]: 2004 c.12; section 188 was amended by the Finance Act 2007 (c.11), sections 68, 69 and 114 and Schedules 18, 19 and 27.

[^f00098]: “Financial Statistics” (ISSN 0015-203X).

[^f00099]: 1988 c. 1 to which there are amendments not relevant to these Regulations.

[^f00100]: 2004 c.12; section 188 was amended by the Finance Act 2007 (c.11), sections 68, 69 and 114 and Schedules 18, 19 and 27.

[^f00101]: “Financial Statistics” (ISSN 0015-203X).

Editorial notes

[^key-23272dfdac9dad99fb9aca95c83b292e]: Reg. 1 in force at 10.1.2014, see reg. 1(2)

[^key-4ca79c3be537d493502f738622c41bb6]: Reg. 2 in force at 10.1.2014, see reg. 1(2)

[^key-e4d1d29b3d2c76c04df51f5d242ecbaf]: Reg. 3 in force at 10.1.2014, see reg. 1(2)

[^key-2941a0ed7ad05693ef185d74910c6e24]: Reg. 4 in force at 10.1.2014, see reg. 1(2)

[^key-b5f1fb1fbace54bd99388159301b79b1]: Reg. 5 in force at 10.1.2014, see reg. 1(2)

[^key-fbc29c27f5b5a3f159b492720f64ec00]: Reg. 6 in force at 10.1.2014, see reg. 1(2)

[^key-05c325717bdf2f632acbf4c251932176]: Reg. 7 in force at 10.1.2014, see reg. 1(2)

[^key-a6874ba82a5fadea2ad039ed44803fc5]: Reg. 8 in force at 10.1.2014, see reg. 1(2)

[^key-47f229da7a8352c5aa3447d20569f05e]: Reg. 9 in force at 10.1.2014, see reg. 1(2)