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The Education (Student Support) (Wales) Regulations 2017

Type Welsh-Statutory-Instrument

Publication 2017-01-23

Last updated 2025-07-17

State In force

Jurisdiction Wales

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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

A’s status as an eligible or qualifying student terminates immediately before the first day of the academic year in respect of which A is applying for support.

(10D) Where—

(a) the Welsh Ministers have determined that by virtue of being a person with protected rights with limited leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules, a person (“A”) was—

(i) an eligible student in connection with an application for support for an earlier year of the present course, an application for support for a course in relation to which the present course is an end-on course or an application for support in connection with a designated part-time course or other designated course from which A’s status as an eligible part-time student or eligible student has been transferred to the present course; or

(ii) a qualifying student in connection with an application for support for an earlier year of the qualifying course or other qualifying course from which A’s status as a qualifying student has been transferred to the qualifying course in respect of which the student is applying for support;

(b) as at the day before the academic year in respect of which A is applying for support starts A no longer has extant limited leave to enter or remain granted by virtue of residence scheme immigration rules, and no further leave to enter or remain has been granted under those rules,

A’s status as an eligible or qualifying student terminates immediately before the first day of the academic year in respect of which A is applying for support.

(10E) Where—

(a) the Welsh Ministers have determined that, by virtue of—

(i) falling within paragraph (1)(a) ... (iv) or (v) of the definition of “person with protected rights”; or

(ii) meeting the conditions in paragraph 3(1)(a) ... (iv) of Part 2 of Schedule 1,

a person (“A”) is an eligible student in connection with an application for support for an academic year of a designated course or a qualifying student in connection with an academic year of a qualifying course; and

(b) as at the day before the academic year begins, A is not a person with protected rights,

A’s status as an eligible or qualifying student terminates immediately before the first day of the academic year in respect of which A is applying for support.

(10F) Where—

(a) the Welsh Ministers have determined that by virtue of being a protected Ukrainian national or the spouse, civil partner, child or step-child of such a person, a person (“A” in this paragraph) was—

(i) an eligible student in connection with an application for support for an earlier year of the present course, an application for support for a course in relation to which the present course is an end-on course or an application for support in connection with a designated part-time course or other designated course from which A’s status as an eligible part-time student or eligible student has been transferred to the present course; or

(ii) a qualifying student in connection with an application for support for an earlier year of the qualifying course or other qualifying course from which A’s status as a qualifying student has been transferred to the qualifying course in respect of which the student is applying for support; and

(b) as at the day before the academic year in respect of which A is applying for support starts, the period for which the person granted leave to enter or remain as a protected Ukrainian national is allowed to stay in the United Kingdom has expired and no further leave to enter or remain has been granted,

Aʼs status as an eligible or qualifying student terminates immediately before the first day of the academic year in respect of which A is applying for support.

(11) Paragraphs (9), (9A), (9B), (10) and (10A) do not apply where the student began the course in connection with which the Welsh Ministers determined that A was an eligible part-time student, an eligible student or a qualifying student, as the case may be, before 1 September 2007.

(11A) Paragraphs (9), (9A), (9B), (10), (10A), (10B), (10C), (10D), (10E) or (10F) do not apply where, as at the day before the academic year in respect of which A is applying for support starts—

(a) A; or

(b) the person who, as a result of their immigration status, caused A to be an eligible student or a qualifying student,

is a British or Irish citizen.

(12) Subject to paragraph (13), a prisoner who begins the present course on or after 1 September 2012 will not be an eligible student unless—

(a) they are an eligible prisoner;

(b) they are an eligible student who has transferred to the present course on or after 1 September 2012 under regulation 8 from a course beginning before 1 September 2012; or

(13) Paragraph (12) does not apply in respect of an academic year during which the student enters or is released from prison.

Designated courses

5

(1) Subject to paragraphs (2), (3) and (4), a course is a designated course for the purposes of section 22(1) of the 1998 Act and regulation 4 if it is—

(a) listed in Schedule 2;

(b) one of the following—

(i) a full-time course;

(ii) a sandwich course; or

(iii) a distance learning course ...;

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

(e) for a course beginning before 1 September 2017, provided by an institution that was before that date a publicly funded institution (whether alone or in conjunction with an institution situated outside the United Kingdom);

(ea) for a course beginning on or after 1 September 2017, provided by—

(i) a recognised educational institution (whether alone or in conjunction with an institution situated outside the United Kingdom);

(ii) a charity within the meaning given by section 1 of the Charities Act 2011 on behalf of a Welsh regulated institution;

(iii) an institution that was publicly funded before 1 August 2019 on behalf of a protected English provider.

(f) for a course beginning on or after 1 September 2017 substantially provided in the United Kingdom; and

(g) for a course beginning on or after 1 September 2012 which falls within paragraphs 1, 2, 4, 6, 7 or 8 of Schedule 2, a course leading to an award granted or to be granted by a body falling within section 214(2)(a) or (b) of the Education Reform Act 1988[^f00047].

(2) A course falling within paragraph 7 or 8 of Schedule 2 is not a designated course where the governing body of a maintained school has arranged for the provision of such a course to a pupil of the school.

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

(4) Paragraph (1)(c) does not apply where the person applying for support under regulation 9 in connection with the course is—

(a) a disabled eligible student; and

(b) undertaking that course in the United Kingdom but not in attendance because the person is unable to attend for a reason which relates to the person’s disability.

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

(a) a course is provided by an institution if it provides the teaching and supervision which comprise the course, whether or not the institution has entered into an agreement with the student to provide the course;

(b) a university and any constituent college or institution in the nature of a college of a university is regarded as a recognised educational institution if either the university or the constituent college or institution is a recognised educational institution;

(c) an institution is not to be regarded as having been publicly funded before 1 August 2019 by reason only that it received public funds before that date from the governing body of a higher education institution in accordance with section 65(3A) of the Further and Higher Education Act 1992;

(d) a course is substantially provided in the United Kingdom where at least half of the teaching and supervision which comprise the course is provided in the United Kingdom.

(6) A course to which this paragraph applies is considered to be a single course for a first degree or for an equivalent qualification even if—

(a) the course leads to another degree or qualification being conferred before the degree or equivalent qualification; and

(b) part of the course is optional.

(7) Paragraph (6) applies to a course the standard of which is not higher than a first degree which leads to a qualification as a medical doctor, dentist, veterinary surgeon, architect, landscape architect, landscape designer, landscape manager, town planner or town and country planner.

(8) For the purposes of section 22 of the 1998 Act and regulation 4(1) the Welsh Ministers may designate courses of higher education which are not designated under paragraph (1).

(9) The Welsh Ministers may revoke or suspend the designation of a course which is designated under paragraph (8).

Period of eligibility

6

(1) A student’s status as an eligible student is retained in connection with a designated course until that status terminates in accordance with this regulation or regulation 4.

(2) The period for which an eligible student retains the status referred to in paragraph (1) is the “period of eligibility” (“cyfnod cymhwystra”).

(3) Subject to the following paragraphs and regulation 4, the “period of eligibility” terminates at the end of the academic year in which the student completes the designated course.

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

(a) withdraws from the eligible student’s designated course in circumstances where the Welsh Ministers have not transferred or converted or will not transfer or convert the eligible student’s status as an eligible student under regulation 8 ... or regulation 103; or

(b) abandons or is expelled from the eligible student’s designated course.

(5) The Welsh Ministers may terminate the period of eligibility where the eligible student has shown by the eligible student’s conduct that the eligible student is unfitted to receive support.

(6) If the Welsh Ministers are satisfied that an eligible student has failed to comply with any requirement to provide information under these Regulations or has provided information which is inaccurate in a material particular, the Welsh Ministers may take such of the following actions as they consider appropriate in the circumstances—

(a) terminate the period of eligibility;

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

(c) treat any support paid to the student under these Regulations as an overpayment which may be recovered under regulations 62, ... 109, 119 and paragraph 15 of Schedule 4.

(7) Where the period of eligibility terminates before the end of the academic year in which the student completes the designated course, the Welsh Ministers may, at any time, renew the period of eligibility for such period as they determine.

(8) Despite paragraph (1), an eligible student who has not attended a previous course is only eligible for a new fee grant, fee loan , grant for travel, maintenance grant or a special support grant in respect of the present course for the number of academic years equal to $OD+R+1$.

(9) Despite paragraph (1) and subject to paragraph (11), an eligible student who has attended a previous course is only eligible for a new fee grant, fee loan, grant for travel, maintenance grant or a special support grant in respect of the present course for the number of academic years equal to $(OD+R+1)−PC$, except that—

(a) no deduction equivalent to PCapplies in the case of a teacher training student or a 2012 accelerated graduate entry student;

(b) in the case of an eligible student who did not successfully complete the latest previous course because of compelling personal reasons—

(i) one additional year is added; and

(ii) a further additional year may be added if the Welsh Ministers consider it appropriate to do so having regard to those reasons; and

(c) in the case of an eligible student to whom paragraph (22) applies, one or more additional years may be added by the Welsh Ministers if they consider it appropriate to do so.

(10) Paragraph (11) applies to—

(a) an eligible student who is on an end-on course;

(b) an eligible student who—

(i) has completed a full-time course listed in paragraph 2 , 3 or 4 of Schedule 2;

(ii) is on a full-time first degree course (other than a first degree course for the initial training of teachers) that the student did not begin immediately after the course referred to in paragraph (i); and

(iii) has not taken a full-time first degree course after the course referred to in paragraph (i) and before the present course;

(i) has completed a full-time foundation degree course or ordinary degree course;

(ii) is on a full-time honours degree course that the student did not begin immediately after the course referred to in paragraph (i) and before the present course; and

(iii) has not taken a full-time first degree course after the course referred to in paragraph (i) and before the present course.

(11) Despite paragraph (1), an eligible student to whom this paragraph applies is only eligible for a new fee grant, fee loan , grant for travel, maintenance grant or a special support grant in respect of the present course for the number of academic years equal to $(D+X)−PrC$, except that in the case of an eligible student to whom paragraph (22) applies, one or more additional years may be added by the Welsh Ministers if they consider it appropriate to do so.

(12) In any case where the number of academic years for which a new fee grant, fee loan or a grant for living costs is available in accordance with this regulation is less than the number of academic years that make up the period ordinarily required for the completion of the present course, the academic years in which the student is eligible for such a grant or loan for fees or a grant for living costs are the latest years of the present course.

(13) In this regulation—

(a) D is the greater of 3 and the number of academic years that make up the ordinary duration of the course;

(b) OD is the number of academic years that make up the period ordinarily required for the completion of the present course;

(d) Xis 1 where the ordinary duration of the preliminary course was less than three years and where the ordinary duration of the preliminary course (or preliminary courses in total) was three years or more, the ordinary duration minus 1;

(e) R is the number of repeated academic years on the present course starting on or after 1 September 2006 that are repeats of preceding academic years that the eligible student was unable to complete successfully because of compelling personal reasons;

(f) PrC is the number of academic years that the student spent on the preliminary course excluding any years of repeat study for compelling personal reasons;

(g) “teacher training student” (“myfyriwr ar gwrs hyfforddi athrawon”) means a student who is not a qualified teacher attending a course for the initial training of teachers where the duration of the course does not exceed 2 years and where the course is a full-time course.

(14) In calculating the number of years for the purpose of this regulation, attendance for part of an academic year is treated as a whole academic year.

(15) The Welsh Ministers may, at any time, renew or extend the period of eligibility for such further period as they determine.

(16) The Welsh Ministers may confer eligibility to a new fee grant, fee loan or a grant for living costs otherwise than in accordance with paragraphs (8) to (13).

(17) For the purposes of this regulation and subject to the exceptions in paragraphs (19), (20) and (21) a “previous course” is any full-time higher education course or any part-time course for the initial training of teachers which the student began to attend or, in the case of a compressed degree course or a ...distance learning course, undertake before the present course and which meets one or both of the conditions in paragraph (18).

(18) The conditions referred to in paragraph (17) are—

(a) the course is provided by an institution in the United Kingdom which was a recognised educational institution for some or all of the academic years during which the student took the course; or

(b) any scholarship, exhibition, bursary, grant, allowance or award of any description which was paid in respect of the student’s attending or, in the case of a compressed degree course or a ... distance learning course, undertaking the course to defray fees was from public funds or funds attributable to public funds.

(19) A course which would otherwise be a previous course will not be treated as such if—

(a) the present course is a course for the initial training of teachers;

(b) the duration of the present course does not exceed two years where the present course is a full-time course; and

(20) A course for the Certificate in Education which would otherwise be a previous course will not be treated as such if—

(a) the present course is a course for the degree (including an honours degree) of Bachelor of Education;

(b) the student transferred to the present course from the course for the Certificate in Education before the completion of that course or began the present course on completion of the course for the Certificate in Education.

(21) A course for the degree (other than an honours degree) of Bachelor of Education will not be treated as a previous course if—

(a) the present course is a course for the honours degree of Bachelor of Education;

(b) the student transferred to the present course from the course for the degree (other than an honours degree) of Bachelor of Education before the completion of that course or began the present course on completion of the course for the degree (other than an honours degree) of Bachelor of Education.

(22) This paragraph applies where the Welsh Ministers determine that the following conditions are satisfied in relation to an eligible student—

(a) the eligible student has provided all information required by the Welsh Ministers in relation to a previous course attended or undertaken by the student and any qualifications which are held by the student;

(b) that information is accurate; and

(c) the Welsh Ministers have incorrectly provided notification of the eligible student’s period of eligibility under this regulation.

Previous study

7

(1) Subject to paragraphs (3), (4), (6) and (7) an eligible student who has attained an honours degree from an institution in the United Kingdom does not qualify for a new fee grant or a fee loan.

(2) Subject to paragraphs (4), (5) and (7) an eligible student (“A” in this paragraph) who starts A’s designated course on or after 1 September 2006 does not qualify for a loan for living costs if A has attained an honours degree from an institution in the United Kingdom.

(3) Paragraph (1) does not apply to an eligible student attending a designated course where—

(a) the course is a course for the initial training of teachers;

(b) the duration of the course does not exceed two years where the course is a full-time course; and

(4) Where the present course is considered to be a single course because of regulations 5(6) and 5(7) and it leads to an honours degree from an institution in the United Kingdom being conferred on the eligible student before the final degree or equivalent qualifications, the eligible student is not prevented from qualifying for support under these Regulations by virtue of paragraph (1) or (2) in respect of any part of the single course by virtue of having that honours degree.

(5) Paragraph (2) does not apply where—

(a) the present course leads to qualification as a social worker, medical doctor, dentist, veterinary surgeon or architect;

(b) the eligible student is to receive any payment under a healthcare bursary the amount of which is calculated by reference to the student’s income; or

(6) Paragraph (1) does not apply to an eligible student attending a designated course which is an accelerated graduate entry course.

(7) Paragraphs (1) and (2) do not apply where the Welsh Ministers determine that the following conditions are satisfied in relation to an eligible student—

(a) the eligible student has provided all information required by the Welsh Ministers relating to an honours degree previously attained by the student from an institution in the United Kingdom;

(b) that information is accurate; and

(c) the Welsh Ministers have incorrectly provided notification that the eligible student qualifies for a fee grant, new fee grant, fee loan or a loan for living costs in accordance with these Regulations.

(8) Where paragraph (7) applies an eligible student may qualify for a new fee grant, fee loan or a loan for living costs in accordance with paragraphs (9) to (11).

(9) Subject to paragraph (11), if the Welsh Ministers make the determination under paragraph (7) before the first day of the first academic year of the present course then the eligible student may qualify for a new fee grant, fee loan or a loan for living costs in respect of the first academic year of the present course.

(10) Subject to paragraph (11), if the Welsh Ministers make the determination under paragraph (7) on or after the first day of the first academic year of the present course then the eligible student may qualify for a new fee grant, fee loan or a loan for living costs in respect of—

(a) the academic year of the present course during which the Welsh Ministers make the determination; and

(b) an academic year of the present course which the student has completed prior to the Welsh Ministers making the determination.

(11) An eligible student subject to a determination under paragraph (7) may qualify for a new fee grant, fee loan or a loan for living costs otherwise than in accordance with paragraphs (9) and (10), where the Welsh Ministers consider this to be appropriate as a result of the exceptional circumstances of a particular case.

Transfer of status

8

(1) Where an eligible student transfers from a designated course to another designated course, the Welsh Ministers must transfer the student’s status as an eligible student to that other course where—

(a) they receive a request from the eligible student to do so;

(b) they are satisfied that one or more of the grounds of transfer in paragraph (2) applies; and

(2) The grounds of transfer are—

(a) on the recommendation of the academic authority the eligible student ceases one designated course and starts to—

(i) attend another designated course at the same institution;

(ii) undertake another compressed degree course at the same institution; or

(iii) undertake a compressed degree course at the same institution;

(b) the eligible student starts to—

(i) attend a designated course at another institution; or

(ii) undertake a compressed degree course at another institution;

(c) after commencing a course for the Certificate in Education, the eligible student is, on or before the completion of that course, admitted to a designated course for the degree (including an honours degree) of Bachelor of Education either at the same institution or at another institution;

(d) after commencing a course for the degree (other than an honours degree) of Bachelor of Education, the eligible student is, on or before completion of that course, admitted to a designated course for the honours degree of Bachelor of Education either at the same institution or at another institution; or

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

(3) Subject to paragraph (4), an eligible student who transfers under paragraph (1) is entitled to receive in connection with the academic year of the course to which the student transfers the remainder of the support assessed by the Welsh Ministers under these Regulations in respect of the academic year of the course from which the student transfers.

(4) The Welsh Ministers may re-assess the amount of support payable under these Regulations after the transfer.

(5) An eligible student who transfers under paragraph (1) after the Welsh Ministers have assessed the eligible student’s support in connection with the academic year of the course from which the eligible student is transferring but before the eligible student completes that year may not, in connection with the academic year of the course to which the eligible student transfers, apply for another grant or loan of a kind that the eligible student has already applied for under these Regulations in connection with the academic year of the course from which the eligible student is transferring unless otherwise provided.

PART 3 — APPLYING FOR SUPPORT AND PROVISION OF INFORMATION

Applications for support

9

(1) A person must apply for support in connection with each academic year of a designated course by completing and submitting to the Welsh Ministers an application in such form and accompanied by such documentation as the Welsh Ministers may require.

(2) The Welsh Ministers may take such steps and make such inquiries as they consider necessary to determine whether the applicant is an eligible student, whether the applicant qualifies for support under these Regulations and the amount of support payable, if any.

(3) The Welsh Ministers must notify the applicant of whether or not the applicant qualifies for support under these Regulations and, if the applicant does qualify, the amount of support payable in respect of the academic year, if any.

Time limits

10

(1) Subject to paragraph (2), the application must reach the Welsh Ministers no later than the end of the ninth month of the academic year in respect of which it is submitted.

(2) Paragraph (1) does not apply where—

(a) one of the events listed in regulation 15 occurs after the first day of the academic year in respect of which the applicant is applying for support under these Regulations, in which case the application must reach the Welsh Ministers within a period of nine months beginning with the day on which the relevant event occurs;

(b) the applicant is making a separate application for a fee loan under regulation 18 or a new fee loan under regulation 19 or a loan for living costs under regulation 41 or a college fee loan under Schedule 4 or is applying for an additional amount of fee loan under regulation 18(4), an additional amount of new fee loan under regulation 19(7), an additional amount of fee loan under regulation 20(7) or an additional amount of loan for living costs under regulation 53(3) or an additional amount of college fee loan under paragraph 10(2) of Schedule 4 in which case the application must reach the Welsh Ministers not later than one month before the end of the academic year to which the application relates;

(c) the applicant is applying to borrow an additional amount of loan for living costs under regulation 53(1), in which case the application must reach the Welsh Ministers not later than one month before the end of the academic year to which the application relates or within a period of one month beginning with the day on which the applicant receives notice of the increased maximum amount, whichever is the later;

(d) the applicant is applying for a grant under regulation 24, in which case the application must reach the Welsh Ministers as soon as is reasonably practicable;

(e) the applicant is making a separate application for a new private institution fee loan or an accelerated graduate entry fee loan, or an additional amount of a new private institution fee loan under regulation 21(7), or an additional amount of an accelerated graduate entry fee loan under regulation 22(6), in which case the application must reach the Welsh Ministers not later than one month before the end of the academic year to which the application relates;

(f) the Welsh Ministers consider that having regard to the circumstances of the particular case the time limit should be relaxed, in which case the application must reach the Welsh Ministers not later than such date as they specify in writing.

Information

11

Schedule 3 applies in respect of the provision of information by an applicant and an eligible student.

Requirement to enter into a contract for a loan

12

(1) To receive a loan under these Regulations an eligible student must enter into a contract with the Welsh Ministers on terms to be decided by the Welsh Ministers.

(2) The Welsh Ministers may require an eligible student to sign a contract by means of an electronic signature in such form as the Welsh Ministers may specify.

PART 4 — GRANTS AND LOANS FOR FEES

CHAPTER 1 — GENERAL PROVISION

Fee Support Generally

13

(1) Fee support under this Part in respect of an academic year may not exceed the fees payable by the eligible student in respect of that academic year.

(2) For the purposes of calculating the amount of fee support under this Part, an institution that provides courses designated by regulation 4 of the Education (Student Support) (Dance and Drama) Regulations 1999[^f00049] is not to be regarded as publicly funded by reason only that it receives public funds from the governing body of a higher education institution in accordance with section 65(3A) of the Further and Higher Education Act 1992[^f00050].

(3) An eligible student to whom paragraph (4) applies is treated as if the eligible student were in attendance on the designated course for the purpose of qualifying for fee support.

(4) This paragraph 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.

(5) Subject to paragraph (5A), An eligible student who is undertaking a distance learning course does not qualify for any fee support under this Part in respect of that course unless the Welsh Ministers consider that the student is undertaking the course in Wales on the first day of the first academic year.

(5A) Paragraph (5) does not apply where—

(a) the student (“S”) or a close relative of S is a member of the armed forces,

(b) S is not undertaking the course in Wales on the first day of the first academic year, and

(c) S is not undertaking the course in Wales on that day because S or the close relative is serving as a member of the armed forces outside Wales.

(6) An eligible student who is undertaking a distance learning course will no longer qualify for any fee support under this Part in respect of that course if the Welsh Ministers consider that the student is undertaking the course outside the United Kingdom.

(7) But paragraph (6) does not apply where the student is undertaking the course outside the United Kingdom because the student or a close relative of the student is serving as a member of the armed forces.

Students becoming eligible during the course of an academic year

14

Where any of the events listed in regulation 15 occurs in the course of an academic year—

(a) a student may qualify for grants and loans under this Part in respect of that academic year provided that the relevant event occurred within the first three months of the academic year; and

(b) such grants and loans are not available to the student in respect of any academic year beginning before the academic year in which the relevant event occurred.

Events

15

The events are—

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

(b) the student or the student’s spouse, civil partner or parent (as defined in Part 1 of Schedule 1) is recognised as a refugee, becomes a person granted stateless leave, becomes a person with leave to enter or remain or becomes a person granted humanitarian protection under paragraph 339C of the immigration rules;

(ba) the student or the student’s parent becomes a person with section 67 leave to remain or a person granted leave to enter or remain as a protected partner;

(bb) the student becomes a person with Calais leave;

(bc) the student becomes a protected Ukrainian national or the spouse, civil partner, child or step-child of such a person;

(d) the student becomes a family member described in paragraph 9A(1)(a), 9C(1)(a) or 9D(1)(a) of Schedule 1;

(e) the student becomes a person described in paragraph 2(1)(a), 2A(1)(a) or 3(1)(a) of Schedule 1;

(f) where regulation 4(2A)(a) applies, the student becomes a person described in paragraph 12(a) of Schedule 1;

(g) the student becomes a person described in paragraph 6A(1)(a) of Schedule 1 or, where regulation 4(2A)(a) applies, in paragraph 6(1)(a) of Schedule 1; ...

(h) the student becomes a person described in paragraph 11A(a) of Schedule 1 or, where regulation 4(2A)(a) applies, in paragraph 11(1)(a) of Schedule 1; or

(i) the student becomes a person described in paragraph 9B(1)(a)(ii) of Schedule 1.

CHAPTER 2 — FEE GRANT

New fee grant

16

(1) Subject to paragraph (2), an eligible student who is a 2012 cohort student qualifies in accordance with this regulation for a new fee grant in respect of, or otherwise in connection with, the 2012 cohort student’s attendance on a designated course provided by a body listed in regulation 5(1)(e) or (ea).

(2) A new fee grant is not available in respect of an academic year if that year is—

(a) a bursary year;

(b) an Erasmus year of a course provided by an institution in Northern Ireland; or

(c) an Erasmus year of a course provided by an institution in England, Scotland or Wales where the course began before 1 September 2012.

(3) The maximum amount of new fee grant available under this regulation to a 2012 cohort student in respect of an academic year of a designated course where none of the circumstances in paragraphs (7), (8), (9) or (10) applies is the lesser of—

(a) £4,175; or

(b) the amount by which the fees payable by the applicant exceed £4,825.

(4) The maximum amount of new fee grant available under this regulation to a 2012 cohort student in respect of an academic year of a designated course where one of the circumstances in paragraph (7) or (8) applies is the lesser of—

(a) £2,150; or

(b) the amount by which the fees payable by the applicant exceed £2,350.

(5) The maximum amount of new fee grant available under this regulation to a 2012 cohort student in respect of an academic year of a designated course where paragraph (9) applies is the lesser of—

(a) £900; or

(b) the amount by which the fees payable by the applicant exceed £900.

(6) The maximum amount of new fee grant available under this regulation to a 2012 cohort student in respect of an academic year of a designated course where paragraph (10) applies is the lesser of—

(a) £675; or

(b) the amount by which the fees payable by the applicant exceed £675.

(7) This paragraph applies where—

(a) the final academic year of the designated course where that year is ordinarily required to be completed after less than 15 weeks’ attendance;

(b) in respect of an academic year of a sandwich course beginning before 1 September 2012—

(i) during which any periods of full-time study are in aggregate less than 10 weeks; or

(ii) if in respect of that academic year and any previous academic years of the course the aggregate of any one or more periods of attendance which are not periods of full-time study at the institution (disregarding intervening vacations) exceeds 30 weeks;

(c) in respect of an academic year of a course beginning before 1 September 2012 provided in conjunction with an overseas institution—

(i) during which the periods of full-time study at the institution in the United Kingdom are in aggregate less than 10 weeks; or

(ii) if in respect of that academic year and any previous academic years of the course the aggregate of any one or more periods of attendance which are not periods of full-time study at the institution in the United Kingdom (disregarding intervening vacations) exceeds 30 weeks.

(8) This paragraph applies—

(a) in respect of an academic year of a sandwich course provided by an institution in Scotland or Northern Ireland which began on or after 1 September 2012 and—

(i) during which any periods of full-time study are in aggregate less than 10 weeks; or

(ii) if in respect of that academic year and any previous academic years of the course the aggregate of any one or more periods of attendance which are not periods of full-time study at the institution (disregarding intervening vacations) exceeds 30 weeks; or

(b) in respect of an academic year of a course provided by an institution in Scotland or Northern Ireland in conjunction with an overseas institution which began on or after 1 September 2012 and—

(i) during which the periods of full-time study at the institution in the United Kingdom are in aggregate less than 10 weeks; or

(ii) if in respect of that academic year and any previous academic years of the course the aggregate of any one or more periods of attendance which are not periods of full-time study at the institution in the United Kingdom (disregarding intervening vacations) exceeds 30 weeks.

(9) This paragraph applies in respect of an academic year of a sandwich course provided by an institution in England or Wales which began on or after 1 September 2012 and—

(a) during which any periods of full-time study are in aggregate less than 10 weeks; or

(b) if in respect of that academic year and any previous academic years of the course the aggregate of any one or more periods of attendance which are not periods of full-time study at the institution (disregarding intervening vacations) exceeds 30 weeks.

(10) This paragraph applies—

(a) in respect of an academic year of a course provided by an institution in England or Wales in conjunction with an overseas institution which began on or after 1 September 2012 and;

(i) during which the periods of full-time study at the institution in the United Kingdom are in aggregate less than 10 weeks; or

(ii) if in respect of that academic year and any previous academic years of the course the aggregate of any one or more periods of attendance which are not periods of full-time study at the institution in the United Kingdom (disregarding intervening vacations) exceeds 30 weeks; or

(b) in respect of an Erasmus year of a course provided by an institution in England, Scotland or Wales which began on or after 1 September 2012.

(11) For the purpose of this regulation a course is to be treated as being provided by or on behalf of a recognised educational institution where—

(a) an institution was a recognised educational institution on the first day of the first academic year of a course;

(b) that institution has ceased to be a recognised educational institution; and

CHAPTER 3 — FEE LOANS

General qualifying conditions for fee loans

17

(1) An eligible student qualifies for a fee loan in connection with the student’s attendance on a designated course in accordance with this Part provided that the student is not excluded from qualification by the following paragraph, regulation 6 or regulation 7.

(2) An eligible student does not qualify for a fee loan in respect of an academic year if that year is—

(a) a bursary year;

(b) an Erasmus year of a course provided by an institution in Northern Ireland; or

(c) an Erasmus year of a course provided by an institution in England, Scotland or Wales where the course began before 1 September 2012.

(3) Paragraph (2) does not apply in relation to an accelerated graduate entry course.

Fee loans in respect of courses beginning before 1 September 2012: eligible student who is a 2010 cohort student or a 2011 cohort student

18

(1) An eligible student qualifies in accordance with this regulation for a loan in respect of the fees payable by the eligible student in respect of, or otherwise in connection with the eligible student’s attendance on a designated course which began before 1 September 2012.

(2) Unless paragraph (3) applies, the amount of a fee loan in respect of an academic year of a designated course must not exceed the lesser of—

(a) £3,465 or, where one of the circumstances in regulation 16(7) applies, £1,725; and

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

(3) Where an eligible student qualifies for a fee loan under this regulation in respect of a designated course provided by an institution in Northern Ireland, the amount of fee loan in respect of an academic year of the designated course must not exceed the lesser of—

(a) £4,030 or, where one of the circumstances in regulation 16(7) applies, £2,005; and

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

(4) Where an eligible student has applied for a fee loan of less than the maximum amount available in relation to an 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.

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

(6) This regulation does not apply to an eligible student who is a 2012 cohort student.

(7) This regulation does not apply to an eligible student who is a 2012 accelerated graduate entry student.

New fee loan in respect of courses beginning on or after 1 September 2012

19

(1) An eligible student who is a 2012 cohort student qualifies in accordance with this regulation for a new fee loan in respect of, or otherwise in connection with, the 2012 cohort student’s attendance on a designated course provided by a body listed in regulation 5(1)(e) or (ea).

(2) A new fee loan is not available in respect of an academic year if that year is—

(a) a bursary year;

(b) an Erasmus year of a course provided by an institution in Northern Ireland; or

(c) an Erasmus year of a course provided by an institution in England, Scotland or Wales where the course began before 1 September 2012.

(3) The maximum amount of new fee loan available under this regulation to a 2012 cohort student in respect of an academic year of a designated course where none of the circumstances in regulations 16(7), 16(8), 16(9) or 16(10) applies is the lesser of—

(a) £4,825; and

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

(4) The maximum amount of new fee loan available under this regulation to a 2012 cohort student in respect of an academic year of a designated course where one of the circumstances in regulation 16(7) or 16(8) applies is the lesser of—

(a) £2,350; and

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

(5) The maximum amount of new fee loan available under this regulation to a 2012 cohort student in respect of an academic year of a designated course where regulation 16(9) applies is the lesser of—

(a) £900; and

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

(6) The maximum amount of new fee loan available under this regulation to a 2012 cohort student in respect of an academic year of a designated course where regulation 16(10) applies is the lesser of—

(a) £675; and

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

(7) Where a 2012 cohort student has applied for a new fee loan of less than the maximum amount available in relation to an academic year, the 2012 cohort student may apply to borrow an additional amount which, when added to the amount already applied for, does not exceed that maximum.

(8) This regulation does not apply to a 2012 cohort student who qualifies for a new private institution fee loan.

(9) For the purpose of this regulation a course is to be treated as being provided by or on behalf of a recognised educational institution where—

(a) an institution was a recognised educational institution on the first day of the first academic year of that course;

(b) that institution has ceased to be a recognised educational institution; and

Additional fee loan in respect of courses beginning on or after 1 September 2012

20

(1) An eligible student who is a 2012 cohort student qualifies in accordance with this regulation for an additional fee loan in respect of, or otherwise in connection with, the 2012 cohort student’s attendance on a designated course provided by a body listed in regulation 5(1)(e) or (ea).

(2) An additional fee loan is available in respect of a designated course where the fees payable by the student in respect of or otherwise in connection with that year exceed the amount specified in paragraph (3) (b), (4)(b), (5)(b) or (6)(b) as the case may be.

(3) The maximum amount of additional fee loan available under this regulation to a 2012 cohort student in respect of an academic year of a designated course where none of the circumstances in regulation 16(7), 16(8), 16(9) or 16(10) apply is the lesser of—

(a) £535; and

(b) the amount by which the fees payable by the student exceed £9,000.

(4) The maximum amount of additional fee loan available under this regulation to a 2012 cohort student in respect of an academic year of a designated course where one of the circumstances in regulation 16(7) or 16(8) applies is the lesser of—

(a) £265; and

(b) the amount by which the fees payable by the student exceed £4,500.

(5) The maximum amount of additional fee loan available under this regulation to a 2012 cohort student in respect of an academic year of a designated course where one of the circumstances in regulation 16(9) applies is the lesser of—

(a) £105; and

(b) the amount by which the fees payable by the student exceed £1,800.

(6) The maximum amount of additional fee loan available under this regulation to a 2012 cohort student in respect of an academic year of a designated course where one of the circumstances in regulation 16(10) applies is the lesser of—

(a) £80; and

(b) the amount by which the fees payable by the student exceed £1,350.

(7) Where a 2012 cohort student has applied for an additional fee loan of less than the maximum amount available in relation to an academic year, the 2012 cohort student may apply to borrow an additional amount which, when added to the amount already applied for, does not exceed that maximum.

(8) This regulation does not apply to a 2012 cohort student who qualifies for a new private institution fee loan.

(9) For the purpose of this regulation a course is to be treated as being provided by or on behalf of a recognised educational institution where—

(a) an institution was a recognised educational institution on the first day of the first academic year of that course;

(b) that institution has ceased to be a recognised educational institution; and

New private institution fee loan

21

(1) An eligible student who is a 2012 cohort student qualifies in accordance with this regulation for a new private institution fee loan in respect of, or otherwise in connection with, the 2012 cohort student’s attendance on a designated course provided by a private institution.

(2) A new private institution fee loan is not available in respect of an academic year if that year is—

(a) a bursary year;

(b) an Erasmus year of a course provided by an institution in Northern Ireland; or

(c) an Erasmus year of a course provided by an institution in England, Scotland or Wales where the course began before 1 September 2012.

(3) The maximum amount of new private institution fee loan available under this regulation to a 2012 cohort student in respect of an academic year of a designated course provided by a private institution where none of the circumstances in regulation 16(7), 16(8), 16(9) or 16(10) applies is the lesser of—

(a) £6,355; and

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

(4) The maximum amount of new private institution fee loan available under this regulation to a 2012 cohort student in respect of an academic year of a designated course provided by a private institution where one of the circumstances in regulation 16(7) or 16(8) applies is the lesser of—

(a) £3,175; and

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

(5) The maximum amount of new private institution fee loan available under this regulation to a 2012 cohort student in respect of an academic year of a designated course provided by a private institution where regulation 16(9) applies is the lesser of—

(a) £1,270; and

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

(6) The maximum amount of new private institution fee loan available under this regulation to a 2012 cohort student in respect of an academic year of a designated course provided by a private institution where regulation 16(10) applies is the lesser of—

(a) £950; and

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

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

(8) A new private institution fee loan is not available in respect of an eligible student’s attendance on a course where that course is provided on behalf of a recognised educational institution by a body in regulation 5(1)(e)(ii) or (iii).

Accelerated graduate entry fee loan

22

(1) A 2012 accelerated graduate entry student qualifies in respect of, or otherwise in accordance with, the 2012 accelerated graduate entry student’s attendance on a designated course which is an accelerated graduate entry course for an accelerated graduate entry fee loan and an additional accelerated graduate fee loan in accordance with this regulation.

(2) An accelerated graduate entry fee loan and an additional accelerated graduate entry fee loan are not available in respect of an academic year which is an Erasmus year.

(3) An additional accelerated graduate entry fee loan is only available in respect of a designated course which is an accelerated graduate entry course where the fees payable by the student in respect of, or otherwise in connection with, that year exceed £5,785.

(4) The amount of an accelerated graduate entry fee loan in respect of an academic year of a designated course which is an accelerated graduate entry course must not exceed the lesser of—

(a) £5,785; or

(b) the amount by which the fees payable by the 2012 accelerated graduate entry student exceed £3,465.

(5) The amount of an additional accelerated graduate entry fee loan in respect of an academic year of a designated course which is an accelerated graduate entry course must not exceed the lesser of—

(a) £285; or

(b) the amount by which the fees payable by the student exceed £5,785.

(6) Where a 2012 accelerated graduate entry student has applied for an accelerated graduate entry fee loan or an additional accelerated graduate entry fee loan of less than the maximum amount available in relation to an academic year, the 2012 accelerated graduate entry student may apply to borrow an additional amount which, when added to the amount already applied for, does not exceed that maximum.

PART 5 — GRANTS FOR LIVING COSTS

General qualifying conditions for grants for living costs

23

(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 or paragraphs in Part 2 of Schedule 1 into which the eligible student falls is one or more of paragraphs 2A, 9, 9A, 9BA, 9C or 9D.

(3) An eligible student does not qualify for a grant under this Part in respect of an academic year which is a bursary year.

(4) Subject to paragraph (5), a 2012 accelerated graduate entry student does not qualify for a grant under this Part.

(5) Paragraph (4) does not apply for the purposes of regulations 24 to 30, to a 2012 accelerated graduate entry student who is undertaking their first year of study on an accelerated graduate entry course.

(6) 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.

(7) For the purposes of paragraph (6), “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 Special Health Authority established pursuant to section 28 of the National Health Service Act 2006[^f00051];

(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[^f00052];

(iii) a Health Board or a Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978[^f00053];

(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[^f00054];

(v) NHS England, the body corporate established under section 1H of the National Health Service Act 2006 or an integrated care board established under Chapter A3 of Part 2 of that Act; or

(vi) the National Institute for Health and Care Excellence established under section 232 of the Health and Social Care Act 2012 ....

(8) Subject to paragraph (9), an eligible student does not qualify for a grant under regulations 35 to 40 in respect of an academic year of a designated course if the student does not qualify for relevant support in respect of that academic year.

(9) Paragraph (8) 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 that academic year is an Erasmus year in accordance with regulation 17(2).

(10) In paragraph (8) “relevant support” (“cymorth perthnasol”) means, in the case of a grant under regulations 35 to 40, a fee loan.

(11) Where one of the events listed in paragraph (12) occurs in the course of an academic year, a student may qualify for a particular grant in accordance with this Part in respect of 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.

(12) The events are—

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

(b) the student or the student’s spouse, civil partner or parent (as defined in Part 1 of Schedule 1) is recognised as a refugee, becomes a person granted stateless leave, becomes a person with leave to enter or remain or becomes a person granted humanitarian protection under paragraph 339C of the immigration rules;

(ba) the student or the student’s parent becomes a person with section 67 leave to remain or a person granted leave to enter or remain as a protected partner;

(bb) the student becomes a person with Calais leave;

(bc) the student becomes a protected Ukrainian national or the spouse, civil partner, child or step-child of such a person;

(d) the student becomes a person described in paragraph 2(1)(a) or 3(1)(a) of Schedule 1;

(e) where regulation 4(2A)(a) applies, the student becomes a person described in paragraph 12(a) of Schedule 1;

(f) the student becomes a person described in paragraph 6A(1)(a) of Schedule 1 or, where regulation 4(2A)(a) applies, in paragraph 6(1)(a) of Schedule 1; ...

(g) the student becomes a person described in paragraph 11A(a) of Schedule 1 or, where regulation 4(2A)(a) applies, in paragraph 11(1)(a) of Schedule 1; or

(h) the student becomes a person described in paragraph 9B(1)(a)(ii) of Schedule 1.

(13) Subject to paragraph (14), an eligible student does not qualify for a grant under this Part if the eligible student is a prisoner.

(14) Paragraph (13) does not apply in respect of a grant for disabled students’ living costs which is payable in connection with a designated course beginning before 1 September 2012.

(15) 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.

(16) Paragraph (15) 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

(17) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Grants for disabled students’ living costs

24

(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 by reason of a disability to which the student is subject in connection with the eligible student’s attendance on, or undertaking of a designated course.

(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) The amount of the grant for disabled students’ living costs must not exceed—

(a) £34,000 in respect of an academic year for expenditure on a non-medical personal helper, major items of specialist equipment and any other expenditure the eligible student incurs in connection with the course by reason of the student’s disability (apart from the expenditure specified in sub-paragraph (b)); and

(b) the additional expenditure incurred—

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

(ii) within or outside the United Kingdom for the purpose of attending, as part of the eligible student’s course, any period of study at an overseas institution or for the purpose of attending the Institute.

(4) Subject to paragraph (4A), an eligible student does not qualify for a grant for disabled students’ living costs under this regulation in respect of a distance learning course unless the Welsh Ministers consider that the student is undertaking the course in Wales on the first day of the first academic year.

(4A) Paragraph (4) does not apply where—

(a) the student (“S”) or a close relative of S is a member of the armed forces,

(b) S is not undertaking the course in Wales on the first day of the first academic year, and

(c) S is not undertaking the course in Wales on that day because S or the close relative is serving as a member of the armed forces outside Wales.

(5) An eligible student who is undertaking a distance learning course will no longer qualify for a grant for disabled students’ living costs under this regulation in respect of that course if the Welsh Ministers consider that the student is undertaking the course outside the United Kingdom.

(5A) But paragraph (5) does not apply where the student is undertaking the course outside the United Kingdom because the student or a close relative of the student is serving as a member of the armed forces.

(6) Subject to paragraph (8), a grant for disabled students’ living costs is payable to an eligible student in respect of the four quarters of the academic year.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) Where one of the events listed in regulation 23(12) occurs in the course of an academic year, an eligible student may only qualify for a grant for disabled students’ living costs for the purposes specified in paragraph (3)(a) and (b) in respect of the academic year from the date that the relevant event listed in regulation 23(12) occurs.

Grants for dependants - general

25

(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 26 to 29.

(3) A deduction may be made from any element of the grants for dependants in accordance with regulation 56.

Grants for dependants - adult dependants’ grant

26

(1) An eligible student qualifies for an adult dependants’ grant in connection with the eligible student’s attendance on or undertaking of 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 for the relevant year does not exceed £3,923.

(3) The amount of adult dependants’ grant payable in respect of an academic year is calculated in accordance with regulation 29, the basic amount being—

(a) £3,407; 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 £3,407 as the Welsh Ministers consider reasonable in the circumstances.

Grants for dependants - childcare grant

27

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

(2) Subject to paragraphs (3), (5) and (6), 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, including a dependent child who is born after 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[^f00057] and is under the age of 17 immediately before the beginning of the academic year, including a dependent child who is born after the beginning of the academic year.

(3) An eligible student does not qualify for a grant under this regulation if—

(a) 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[^f00058];

(b) the eligible student or the eligible student’s partner is entitled to an award of universal credit which includes an amount under regulation 31 of the Universal Credit Regulations 2013 (childcare costs element)[^f00059]; or

(4) In these Regulations, “entitlement period” and “valid declaration of eligibility” have the same meaning as they have for the purposes of the Childcare Payments Act 2014[^f00060]and regulations made under that Act.

(5) An eligible student does not qualify for a grant under this regulation during any entitlement period for which an eligible student or an eligible student’s partner has made a valid declaration of eligibility under the Childcare Payments Act 2014 in relation to any child.

(6) 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.

(7) Subject to paragraphs (8), (9) and (10) 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 £192 per week; or

(b) for two or more dependent children, 85 per cent of the prescribed childcare charges, subject to a maximum amount of £329 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.

(8) 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 (7) by the number of days of that week falling within the academic year and dividing the product by seven.

(9) Where an eligible student’s application for a childcare grant does not identify a childcare provider, the Welsh Ministers may—

(a) limit the amount of childcare grant paid to the student to 85 per cent of the prescribed childcare charges up to a maximum amount of £147 per week; and

(b) limit the payment of the childcare grant to one quarter of the academic year.

(10) Subject to paragraph (11), a childcare grant is payable to an eligible student in respect of the four quarters of the academic year.

(11) Where one of the events listed in regulation 23(12) occurs in the course of an academic year, an eligible student may only qualify for a childcare grant in respect of such quarters as begin after the relevant event occurs.

Grants for dependants - parents’ learning allowance

28

(1) An eligible student qualifies in connection with the student’s attendance on or undertaking of 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 29, the basic amount being £1,945.

Grants for dependants - calculations

29

(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 26 to 28 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 26;

(b) to reduce the basic amount of the childcare grant for the academic year where the eligible student qualifies for that element under regulation 27; and

(c) to reduce the basic amount of the parents’ learning allowance where the eligible student qualifies for that element under regulation 28.

(2) In this regulation and subject to paragraph (11)—

A is the aggregate of—

(a) the residual income of the eligible student’s partner for the prior financial year;

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