The Education (Student Support) (Wales) Regulations 2017

Made: 23 January 2017

Laid before the National Assembly for Wales: 27 January 2017

Coming into force: 17 February 2017

The Welsh Ministers, in exercise of the powers conferred upon the Secretary of State by sections 22 and 42(6) of the Teaching and Higher Education Act 1998[^f00001], and now exercisable by them[^f00002] make the following Regulations:

PART 1 — GENERAL

Title, commencement and application

1

• (1) The title of these Regulations is the Education (Student Support) (Wales) Regulations 2017.

• (2) These Regulations come into force on 17 February 2017 and apply in relation to Wales.

• (3) These Regulations do not apply to the provision of support to students in relation to a course which begins on or after 1 August 2018 unless Regulation 2(3) of the Education (Student Support) (Wales) Regulations 2018 applies to the course.

Interpretation

2

• (1) In these Regulations, except where the context otherwise requires—

• “the 1962 Act” (“Deddf 1962”) means the Education Act 1962[^f00003];

• “the 1998 Act” (“Deddf 1998”) means the Teaching and Higher Education Act 1998;

• “the 1998 Regulations” (“Rheoliadau 1998”) means the Education (Student Support) Regulations 1998[^f00004];

• “the 1999 Regulations” (“Rheoliadau 1999”) means the Education (Student Support) Regulations 1999[^f00005];

• “the 2000 Regulations” (“Rheoliadau 2000”) means the Education (Student Support) Regulations 2000[^f00006];

• “the 2001 Regulations” (“Rheoliadau 2001”) means the Education (Student Support) Regulations 2001[^f00007];

• “the 2002 Regulations” (“Rheoliadau 2002”) means the Education (Student Support) Regulations 2002[^f00008];

• “the 2003 Regulations” (“Rheoliadau 2003”) means the Education (Student Support) (No. 2) Regulations 2002 as amended[^f00009];

• “the 2004 Regulations” (“Rheoliadau 2004”) means the 2003 Regulations as further amended[^f00010];

• “the 2005 Regulations” (“Rheoliadau 2005”) means the Education (Student Support) Regulations 2005[^f00011];

• “the 2006 Regulations” (“Rheoliadau 2006”) means the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2006[^f00012];

• “the 2007 Regulations” (“Rheoliadau 2007”) means the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2007[^f00013];

• “the 2008 Regulations” (“Rheoliadau 2008”) means the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2008[^f00014];

• “the 2008 (No. 2) Regulations” (“Rheoliadau (Rhif 2) 2008”) means the Assembly Learning Grants and Loans (Higher Education) (Wales) (No. 2) Regulations 2008[^f00015];

• “the 2009 Regulations” (“Rheoliadau 2009”) means the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2009[^f00016];

• “the 2011 Regulations” (“Rheoliadau 2011”) means the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2011[^f00017];

• “the 2011 (No. 2) Regulations” (“Rheoliadau (Rhif 2) 2011”) means the Assembly Learning Grants and Loans (Higher Education) (Wales) (No.2) Regulations 2011[^f00018];

• “the 2012 Regulations” (“Rheoliadau 2012”) means the Education (Student Support) (Wales) Regulations 2012[^f00019];

• “the 2013 Regulations” (“Rheoliadau 2013”)means the Education (Student Support) (Wales) Regulations 2013[^f00020];

• “the 2015 Regulations” (“Rheoliadau 2015”) means the Education (Student Support) (Wales) Regulations 2015[^f00021];

• “2010 cohort student” (“myfyriwr carfan 2010”) means an eligible student who began the present course on or after 1 September 2010 and before 1 September 2011, other than—a 2010 gap year student;an eligible student who started the present course on or after 1 September 2010 and before 1 September 2011 where that course is an end-on course following on from a course that the student started before—1 September 2010; or1 September 2011 and in relation to which the student is a 2010 gap year student; oran eligible student who started the present course on or after 1 September 2010 and before 1 September 2011 whose status as an eligible student transferred to that course as a result of one or more transfers of that status by the Welsh Ministers pursuant to regulations made under section 22 of the 1998 Act from a designated course which the student began before—1 September 2010; or1 September 2011 and in relation to which the student is a 2010 gap year student;

• “2010 gap year student” (“myfyriwr blwyddyn i ffwrdd 2010”) has the meaning given in paragraph (6);

• “2011 cohort student” (“myfyriwr carfan 2011”) means an eligible student who began the present course on or after 1September 2011 but before 1 September 2012, other than—a 2011 gap year student;an eligible student who started the present course on or after 1 September 2011 but before 1 September 2012 where that course is an end-on course following on from a course that—the student started before 1 September 2011; orthe student started before 1 September 2012 and in relation to which the student is a 2011 gap year student; oran eligible student who started the present course on or after 1 September 2011 and before 1 September 2012 and whose status as an eligible student transferred to that course as a result of one or more transfers of that status by the Welsh Ministers pursuant to regulations made under section 22 of the 1998 Act from a designated course which the student began—before 1 September 2011; orbefore 1 September 2012 and in relation to which the student is a 2011 gap year student;

• “2011 gap year student” (“myfyriwr blwyddyn i ffwrdd 2011”) has the meaning given in paragraph 10);

• “2012 accelerated graduate entry student” (“myfyriwr mynediad graddedig carlam 2012”) means an eligible student who begins an accelerated graduate entry course on or after 1 September 2012 and before 1 August 2018;

• “2012 cohort student” (“myfyriwr carfan 2012”) means an eligible student who begins the present course on or after 1September 2012 and before 1 August 2018 (but including a course starting on or after 1 August 2018 if the course is one in relation to which the student's status has transferred under regulation 8 ... or 102 or is an end-on course), other than—an eligible student who started the present course on or after 1 September 2012 where that course is an end-on course following on from a course that the student started before 1 September 2012; oran eligible student who started the present course on or after 1 September 2012 whose status as an eligible student transferred to that course as a result of one or more transfers of that status by the Welsh Ministers pursuant to regulations made under section 22 of the 1998 Act from a designated course which the student began before 1 September 2012; ora 2012 accelerated graduate entry student;

• “the 2020 Citizens’ Rights Regulations” (“Rheoliadau Hawliau Dinasyddion 2020”) means the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020;

• “academic authority” (“awdurdod academaidd”) means, in relation to an institution, the governing body or other body having the functions of a governing body and includes a person acting with the authority of that body;

• “academic year” (“blwyddyn academaidd”) means—in respect of an academic year of a course other than the first year of a compressed first year course, the period of twelve months beginning on 1 January, 1 April, 1 July or 1 September of the calendar year in which the academic year of the course in question begins according to whether that academic year begins on or after 1 January and before 1 April, on or after 1 April and before 1 July, on or after 1 July and before 1 August or on or after 1 August and on or before 31 December, respectively; orin respect of an academic year which is the first year of a compressed first year course, the period of eight months beginning on 1 January, 1 April, 1 July or 1 September of the calendar year in which the academic year of the course in question begins according to whether that academic year begins on or after 1 January and before 1 April, on or after 1 April and before 1 July, on or after 1 July and before 1 August or on or after 1 August and on or before 31 December respectively;

• “accelerated course” (“cwrs carlam”) means a course of two years’ duration which persons undertaking it are normally required by the institution providing it to attend (whether at premises of the institution or elsewhere) for a period of at least 40 weeks in the final year;

• “accelerated graduate entry course” (“cwrs mynediad graddedig carlam”) means a course—the standard of which is not higher than a first degree course and which leads to a qualification as a medical doctor or dentist;where a first degree or equivalent qualification would normally be required for entry to the course;which begins on or after 1 September 2012 and before 1 August 2018; andwhich does not exceed 4 years in duration;

• “accelerated graduate entry fee loan” (“benthyciad at ffioedd mynediad graddedig carlam”) means a loan payable by the Welsh Ministers under regulation 22;

• “adult dependants’ grant” (“grant dibynyddion mewn oed”) means the grant payable under regulation 26;

• “applicant” (“ceisydd”) means, in relation to a person who applies for support payable under these Regulations to an eligible—student, a person who makes an application under regulation 9;...part-time student, a person who makes an application under regulation 99; andpostgraduate student, a person who makes an application under regulation 115;

• “borrower” (“benthyciwr”) means a person to whom a loan has been made;

• “bursary year” (“blwyddyn bwrsari”) means an academic year of a course in relation to which the student is eligible to apply for a healthcare bursary ..., the amount of which is calculated by reference to that student’s income whether or not the calculation results in a nil amount;

• “childcare grant” (“grant gofal plant”) means the grant payable under regulation 27;

• “close relative” (“perthynas agos”) (in relation to a person (“P”)) means—P’s spouse or civil partner;a person ordinarily living with P as if the person were P’s spouse or civil partner;P’s parent, where P is under the age of 25;P’s child, where P is dependent on that child;

• “college fees” (“ffioedd coleg”) means the 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 the qualifying student’s attendance on a qualifying course;

• “college fee loan” (“benthyciad at ffioedd coleg”) means a loan for college fees payable to a qualifying student pursuant to regulations made by the Welsh Ministers under section 22 of the 1998 Act;

• “Common Aggregation Hierarchy” (“Hierarchiaeth Cydgasglu Cyffredin”) has the meaning given in regulation 81(29);

• “compressed degree course” (“cwrs gradd cywasgedig”) means a course determined by the Secretary of State to be a compressed degree course;

• “compressed degree student” (“myfyriwr cwrs gradd cywasgedig”) means an eligible student who—is undertaking a compressed degree course in the United Kingdom (the“course”);either—began the course on or after 1 September 2006 and is continuing on that course after 31 August 2013; orbegins the course on or after 1 September 2013 and before 1 August 2018; andeither—is required to be in attendance on the course for part of the academic year for which the eligible student is applying for support under these Regulations; oris a disabled eligible student who is not required to be in attendance on the course as that student is unable to attend because of a reason which relates to that student’s disability;

• “compressed first year course” (“cwrs blwyddyn gyntaf gywasgedig”) means a designated course—which begins on or after 1 September 2013 and before 1 August 2018;where the first year of the course is undertaken on a compressed basis and can be completed in a period of not more than seven months; andwhere no other years of the course are undertaken on such a compressed basis;

• “contribution” (“cyfraniad”) means in relation to—an eligible student, the student’s contribution calculated pursuant to regulation 55 and Schedule 5;an eligible part-time student, the student’s contribution calculated pursuant to regulation 96 and Schedule 6;

• “council tax reduction scheme” (“cynllun gostyngiadau’r dreth gyngor”) means a scheme made by a billing authority in accordance with the Council Tax Reduction Schemes and Prescribed Requirements (Wales) Regulations 2013[^f00022] or which applies in default[^f00023] in accordance with paragraph 6(1)(e) of Schedule 1B to the Local Government Finance Act 1992[^f00024];

• “course for the initial training of teachers” (“cwrs ar gyfer hyfforddiant cychwynnol athrawon”) includes such a course leading to a first degree unless otherwise indicated but excludes an employment-based teacher training scheme;

• “designated course” (“cwrs dynodedig”) means a course designated by regulation 5 or by the Welsh Ministers under regulation 5;

• ...

• “designated part-time course” (“cwrs rhan-amser dynodedig”) means a course designated by regulation 83(1) or by the Welsh Ministers under regulation 83(6);

• “designated postgraduate course” (“cwrs ôl-radd dynodedig”) means a course designated by regulation 112(1) or by the Welsh Ministers under regulation 112(4);

• “Directive 2004/38” (“Cyfarwyddeb 2004/38”) means Directive 2004/38/EC of the European Parliament and of the Council[^f00025] on the right of citizens of the Union and their family members to move and reside freely in the territory of the Member States;

• “disability” (“anabledd”) has the meaning given in section 6 of the Equality Act 2010[^f00026];

• “distance learning course” (“cwrs dysgu o bell”) means a full-time course beginning on or after 1 September 2012 and before 1 August 2018 in relation to which a student undertaking the course is not required to be in attendance by the institution providing the course, other than to satisfy any requirement imposed by the institution to attend any institution—for the purposes of registration, enrolment or any examination; oron a weekend or during any vacation;

• “electronic signature” (“llofnod electronig”) is so much of anything in electronic form as—is incorporated into or otherwise logically associated with any electronic communication or electronic data; andpurports to be so incorporated or associated for the purpose of being used in establishing the authenticity of the communication or data, the integrity of the communication or data, or both;

• ...

• “eligible part-time prisoner” (“carcharor rhan-amser cymwys”) means a prisoner—who begins the present part-time course on or after 1 September 2014 and before 1 August 2018;has been authorised by the prison Governor or Director or other appropriate authority to study the present part-time course;whose earliest release date is within 6 years of the first day of the first academic year of the present part-time course; andwho has not transferred to the present part-time course under regulation 102 from a course beginning before 1 September 2014;

• “eligible part-time student” (“myfyriwr rhan-amser cymwys”) has the meaning given in regulation 81;

• “eligible postgraduate student” (“myfyriwr ôl-raddedig cymwys”) has the meaning given in regulation 110;

• “eligible prisoner” (“carcharor cymwys”) means a prisoner—who begins the present course on or after 1 September 2012 and before 1 August 2018;has been authorised by the prison Governor or Director or other appropriate authority to study the present course;whose earliest release date is within 6 years of the first day of the first academic year of the present course;who has not transferred to the present course under regulation 8 from a course beginning before 1 September 2012; andis not beginning an end-on course on or after 1 September 2012;

• “eligible student” (“myfyriwr cymwys”) has the meaning given in regulation 4;

• “employment-based teacher training scheme” (“cynllun hyfforddi athrawon ar sail cyflogaeth”) means—a scheme established by the Welsh Ministers for the purpose of regulation 8 of the Education (School Teachers’ Qualifications) (Wales) Regulations 2004[^f00027] or for the purpose of regulation 8 of the School Teachers’ Qualifications (Wales) Regulations 2012[^f00028] whereby a person may undertake initial teacher training in order to obtain qualified teacher status while being employed to teach at a maintained school, an independent school or other institution except a pupil referral unit; ora scheme established by the Secretary of State whereby a person may undertake initial teacher training in order to obtain qualified teacher training status while being employed to teach at a school, city college, Academy, independent school or other institution except a pupil referral unit;