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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) the residual income of the eligible student’s adult dependant for the prior financial year; and

(c) subject to paragraphs (3), (4) and (5), the net income of the eligible student’s dependent children for the prior financial year; and

Bis—

(a) £1,211 where the eligible student has no dependent child;

(b) £3,628 where the eligible student is not a lone parent and has one dependent child;

(i) is not a lone parent and has more than one dependent child; or

(ii) is a lone parent and has one dependent child; and

(d) £6,056 where the eligible student is a lone parent and has more than one dependent child.

(3) Where the Welsh Ministers are satisfied that the net income of the eligible student’s dependent children 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 their net income in the prior financial year the Welsh Ministers may, for the purpose of enabling the eligible student to attend the course without hardship, ascertain the dependent children’s net income for the current financial year.

(4) In the event that paragraph (3) or this paragraph is applied in respect of the previous academic year of the present course and the Welsh Ministers are satisfied that the net income of the eligible student’s dependent children 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 their net income in the previous financial year the Welsh Ministers may, for the purposes of enabling the eligible student to attend the course without hardship, ascertain the dependent children’s net income for the current financial year.

(5) In an academic year immediately following one in which the Welsh Ministers have ascertained the eligible student’s dependent children’s net income for the current financial year under paragraph (3), or where applicable under paragraph (4), the Welsh Ministers must ascertain the dependent children’s net income in the preceding financial year.

(6) Subject to paragraphs (8), (9) and (16), where B is greater than or equal to A, the basic amount of each element of the grants for dependants for which the eligible student qualifies is payable.

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

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

(a) the eligible student’s partner—

(i) is an eligible student; or

(ii) holds a statutory award; and

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

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

(a) the eligible student’s partner—

(i) is an eligible student; or

(ii) holds a statutory award; and

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

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

(11) Paragraphs (12) to (15) apply where, in the course of the academic year, any of the following occurs—

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

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

(d) a student becomes an eligible student as a result of an event referred to in regulation 23(12).

(12) For the purposes of determining the respective values of A and Band whether adult dependants’ grant or parents’ learning allowance is payable, the Welsh Ministers must determine the following in relation to each relevant quarter by reference to the eligible student’s circumstances in the relevant quarter—

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

(b) who those dependants are;

(13) The amount of grants for dependants for the academic year is the aggregate of the amounts of adult dependants’ grant and parents’ learning allowance calculated in respect of each relevant quarter under paragraph (14) and the amount of any childcare grant for the academic year.

(14) The amount of adult dependants’ grant and parents’ learning allowance in respect of a relevant quarter is one third of what that grant or allowance would be for the academic year if the student’s circumstances in the relevant quarter as determined under paragraph (12) applied for the duration of the academic year.

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

(a) in the case of an eligible student referred to in paragraph (11)(d), a quarter which begins after the relevant event occurs other than a quarter during which, in the opinion of the Welsh Ministers, the longest of any vacation occurs;

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

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

Grants for dependants - interpretation

30

(1) In regulations 26 to 29—

(a) subject to paragraph (5), “adult dependant” (“dibynnydd mewn oed”) means, in relation to an eligible student, an adult person dependent on the eligible student other than the eligible student’s child, the eligible student’s partner (including a spouse or civil partner from whom the Welsh Ministers consider the eligible student is separated) or the eligible student’s former partner;

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

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

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

(e) “dependent child” (“plentyn dibynnol”) means, in relation to an eligible student, a child dependent on the eligible student;

(f) “financial year” (“blwyddyn ariannol”) means the period of twelve months in respect of which the income of a dependant (whose income is calculated under regulations 26 to 29) is computed for the purposes of the income tax legislation which applies to it;

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

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

(i) “net income” (“incwm net”) has the meaning given in paragraph (7);

(j) subject to sub-paragraphs (p), (q), (r) and paragraphs (3) and (4), “partner” (“partner”) means any of the following—

(i) the spouse of an eligible student;

(ii) the civil partner of an eligible student;

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

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

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

(l) “prior financial year” (“blwyddyn ariannol gynharach”) means the financial year immediately preceding the preceding financial year;

(m) “relevant year” (“blwyddyn berthnasol”) means the academic year of the present course in respect of which the eligible student’s dependant’s income falls to be assessed;

(n) “residual income” (“incwm gweddilliol”) means taxable income after the application of paragraph (10) (in the case of an eligible student’s partner) or paragraph (11) (in the case of an eligible student’s adult dependant);

(o) “taxable income” (“incwm trethadwy”) means, in respect of the prior financial year—

(i) the total income on which a person is charged to income tax as determined at Step 1 of the calculation in section 23 of the Income Tax Act 2007[^f00061], together with any payments and other benefits mentioned in section 401(1) of the Income Tax (Earnings and Pensions) Act 2003[^f00062] (ignoring section 401(2) of that Act), received or treated as received by a person, to the extent that they are not a component of the total income on which a person is charged to income tax;

(ii) a person’s total income from all sources as determined for the purposes of the income tax legislation of a Member State which applies to the person’s income; or

(iii) where the legislation of—

(aa) the United Kingdom and one or more Member State; or

(bb) more than one Member State,

applies to the period, a person’s total income from all sources as determined for the purposes of the income tax legislation under which the Welsh Ministers consider that a person’s total income in that period is greatest,

except that no account is taken of the income referred to in paragraph (2) which is paid to another party;

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

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

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

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

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

(2) The income referred to in this paragraph is any benefits under a pension arrangement pursuant to an order made under section 23 of the Matrimonial Causes Act 1973[^f00063] 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[^f00064] which includes provision made by virtue of Parts 6 and 7 of that Schedule.

(3) For the purposes of regulation 27 —

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

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

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

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

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

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

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

(5) Subject to paragraph (6), for the purposes of the definitions of “adult dependant” (“dibynnydd mewn oed”) and “dependent child” (“plentyn dibynnol”), the Welsh Ministers may treat an adult person or child as dependent on an eligible student if they are satisfied that the adult person or child—

(a) is not dependent on only—

(i) the eligible student; or

(ii) the eligible student’s partner; but

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

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

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

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

(7) A dependant’s net income is the dependant’s income from all sources (for the relevant year for the purposes of regulation 26(2)(b) and for the prior financial year for the purposes of regulation 29(2)) reduced by the amount of income tax and social security contributions payable in respect of it but disregarding—

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

(b) child benefit payable under Part IX of the Social Security Contributions and Benefits Act 1992[^f00065];

(c) any financial support payable to the dependant by a local authority in accordance with regulations made under sections 2, 3 and 4 of the Adoption and Children Act 2002[^f00066];

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

(e) in the case of a dependant with whom a child being looked after by a local authority is boarded out, any payment made to that dependant in pursuance of section 23 of the Children Act 1989[^f00067] or section 81 of the Social Services and Well-being (Wales) Act 2014[^f00068];

(f) any payment made to the dependant under section 110(6) of the Social Services and Well-being (Wales) Act 2014 or, as the case may be section 23C(5A) of the Children Act 1989[^f00069];

(g) any payments made to the dependant under section 15 of and Schedule 1 to the Children Act 1989 in respect of a person who is not the dependant’s child or any assistance given by a local authority pursuant to section 24 of that Act[^f00070], or section 104 of the Social Services and Well-being (Wales) Act 2014 in so far as that section applies to category 5 and 6 young persons within the meaning of that Act;

(h) any child tax credit to which the dependant is entitled under Part I of the Tax Credits Act 2002[^f00071]; and

(i) in the case of a dependant who is entitled to an award of universal credit—

(i) any amount that is included in the calculation of the award under regulation 27(1) of the Universal Credit Regulations 2013, in respect of the fact that the dependant has limited capability for work or limited capability for work and work related activity; and

(ii) any amount or additional amount that is included in the calculation of the award under regulation 20 of those Regulations (the child element).

(8) Where an eligible student or the eligible student’s partner makes any recurrent payments which were previously made by the eligible student in pursuance of an obligation incurred before the first academic year of the eligible student’s course, the eligible student’s partner’s residual income is reduced by—

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

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

(9) For the purposes of paragraph (7), where the dependant is a dependent child and payments are made to the eligible student towards the dependent child’s maintenance, those payments are to be treated as the dependent child’s income.

(10) An eligible student’s partner’s residual income is determined in accordance with paragraph 6 of Schedule 5.

(11) An eligible student’s adult dependant’s residual income is determined in accordance with paragraph 5 of Schedule 5 (other than sub-paragraphs (8), (9) or (10) of paragraph 5) with references to the parent being construed as references to the eligible student’s adult dependant.

Interpretation of regulations 32 to 34

31

For the purposes of regulations 32 to 34—

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

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

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

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

Qualifying conditions for the grant for travel

32

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

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

(3) Subject to paragraph (4), a grant under this regulation is payable to an eligible student in respect of the four quarters of the academic year.

(4) 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 under this regulation in respect of such quarters as begin after the relevant event occurs.

Amount of the grant for travel

33

(1) The amount of grant payable under regulation 32(1) in respect of an academic year is equal to the reasonable expenditure that the Welsh Ministers determine the eligible student is obliged to incur for the purposes set out in that regulation less £303.

(2) The amount of grant payable under regulation 32(2) in respect of an academic year is calculated as follows—

$( Y−£303 )+Y$where—

X is the aggregate of the reasonable travel costs that the eligible student is obliged to incur in each qualifying quarter for the purposes set out in regulation 32.

Y is the aggregate of the expenditure incurred in each qualifying quarter specified in paragraph (3).

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

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

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

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

Deductions from the grant for travel

34

A deduction may be made from a grant under regulations 32 and 33 in accordance with Part 9.

Maintenance grant

35

(1) An eligible student who is a 2010 cohort student or a 2012 cohort student qualifies in accordance with regulation 36 for a maintenance grant for living costs in connection with that eligible student’s attendance on a designated course.

(2) An eligible student who is a 2011 cohort student qualifies in accordance with regulation 37 for a maintenance grant for living costs in connection with that eligible student’s attendance on a designated course.

(3) An eligible student does not qualify for a maintenance grant if that eligible student qualifies for a special support grant.

(4) Subject to paragraph (5), a maintenance grant for living costs is payable to an eligible student in respect of the four quarters of the academic year.

(5) 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 maintenance grant for living costs in respect of such quarters as begin after the relevant event occurs.

Maintenance grant –eligible students who are 2010 cohort students or 2012 cohort students

36

(1) The maximum amount of maintenance grant available to an eligible student who is a 2010 cohort student or a 2012 cohort student in respect of an academic year is £5,161.

(2) An eligible student who is a 2010 cohort student or a 2012 cohort student and who qualifies for a maintenance grant in respect of an academic year receives an amount as follows in respect of that year—

(a) where the household income is £18,370 or less, the eligible student receives £5,161;

(b) where the household income exceeds £18,370 but does not exceed £26,500, the eligible student receives an amount equal to $M−A$, where M is £5,161 and A is £1 for every £3.653 by which the household income exceeds £18,370;

(c) where the household income exceeds £26,500 but does not exceed £34,000, the eligible student receives an amount equal to $RM−A$, where RM is £2,936 and A is £1 for every £4.18 by which the household income exceeds £26,500;

(d) where the household income exceeds £34,000 but does not exceed £50,020, the eligible student receives an amount equal to $SM−A$, where SM is £1,142 and A is £1 for every £14.67 by which the household income exceeds £34,000;

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

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

Maintenance grant –eligible students who are 2011 cohort students

37

(1) The maximum amount of maintenance grant available to an eligible student who is a 2011 cohort student in respect of an academic year is £5,780.

(2) An eligible student who is a 2011 cohort student and who qualifies for a maintenance grant in respect of an academic year receives an amount as follows in respect of that year—

(a) where the household income is £18,370 or less, the eligible student receives £5,780;

(b) where the household income exceeds £18,370 but does not exceed £26,500, the eligible student receives an amount equal to $M−A$, where M is £5,780 and A is £1 for every £3.653 by which the household income exceeds £18,370;

(c) where the household income exceeds £26,500 but does not exceed £34,000, the eligible student receives an amount equal to $RM−A$, where RM is £3,555 and A is £1 for every £4.18 by which the household income exceeds £26,500;

(d) where the household income exceeds £34,000 but does not exceed £50,020, the eligible student receives an amount equal to $SM−A$, where SM is £1,761 and A is £1 for every £9.36 by which the household income exceeds £34,000;

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

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

Special support grant

38

(1) An eligible student who is a 2010 cohort student or a 2012 cohort student qualifies in accordance with regulation 39 for a special support grant in connection with that eligible student’s attendance on a designated course to defray the cost of books, equipment, travel or childcare incurred for the purpose of attending that course.

(2) An eligible student who is a 2011 cohort student qualifies in accordance with regulation 40for a special support grant in connection with that student’s attendance on a designated course to defray the cost of books, equipment, travel or childcare incurred for the purpose of attending that course.

(3) An eligible student qualifies for a special support grant if that eligible student—

(a) falls within a prescribed category of person for the purposes of section 124(1)(e) of the Social Security Contributions and Benefits Act 1992[^f00072];

(b) is treated as being liable to make payments in respect of a dwelling prescribed by regulations made under section 130(2) of that Act[^f00073]; or

(c) is liable, or treated as being liable to make payments in respect of the accommodation they occupy as their home under regulation 25(3) of the Universal Credit Regulations 2013.

(4) Subject to paragraph (5), a special support grant is payable to an eligible student in respect of the four quarters of the academic year.

(5) 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 special support grant in respect of such quarters as begin after the relevant event occurs.

Special support grant –eligible students who are 2010 cohort students or 2012 cohort students

39

(1) The maximum amount of special support grant available to an eligible student who is a 2010 cohort student or a 2012 cohort student in respect of an academic year is £5,161.

(2) An eligible student who is a 2010 cohort student or a 2012 cohort student who qualifies for a special support grant in respect of an academic year receives an amount as follows in respect of that year—

(a) where the household income is £18,370 or less, the eligible student receives £5,161;

(b) where the household income exceeds £18,370 but does not exceed £26,500, the eligible student receives an amount equal to $M−A$, where M is £5,161 and A is £1 for every £3.653 by which the household income exceeds £18,370;

(c) where the household income exceeds £26,500 but does not exceed £34,000, the eligible student receives an amount equal to $RM−A$, where RM is £2,936 and A is £1 for every £4.18 by which the household income exceeds £26,500;

(d) where the household income exceeds £34,000 but does not exceed £50,020, the eligible student receives an amount equal to $SM−A$, where SM is £1,142 and A is £1 for every £14.67 by which the household income exceeds £34,000;

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

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

Special support grant –eligible students who are 2011 cohort students

40

(1) The maximum amount of special support grant available to an eligible student who is a 2011 cohort student in respect of an academic year is £5,780.

(2) An eligible student who is a 2011 cohort student who qualifies for a special support grant in respect of an academic year receives an amount as follows in respect of that year—

(a) where the household income is £18,370 or less, the eligible student receives £5,780;

(b) where the household income exceeds £18,370 but does not exceed £26,500, the eligible student receives an amount equal to $M−A$, where M is £5,780 and Ais £1 for every £3.653 by which the household income exceeds £18,370;

(c) where the household income exceeds £26,500 but does not exceed £34,000, the eligible student receives an amount equal to $RM−A$, where RM is £3,555 and A is £1 for every £4.18 by which the household income exceeds £26,500;

(d) where the household income exceeds £34,000 but does not exceed £50,020, the eligible student receives an amount equal to $SM−A$, where SM is £1,761 and A is £1 for every £9.36 by which the household income exceeds £34,000;

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

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

PART 6 — LOANS FOR LIVING COSTS

Qualifying conditions for loans for living costs

41

(1) An eligible student qualifies for a loan for living costs in connection with the eligible student’s attendance on a designated course if the eligible student satisfies the condition in paragraph (2) and is not excluded by paragraph (3) or regulation 7.

(2) The condition is that the eligible student is under the age of 60 on the relevant date.

(3) An eligible student does not qualify for a loan for living costs if the only paragraph 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.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(6) Paragraph (5) 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

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

(8) An eligible student does not qualify for a loan for living costs under this Part if the eligible student is undertaking a distance learning course.

General

42

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

(a) where the eligible student is an eligible student with full entitlement who is a 2010 cohort student, a 2012 cohort student or a 2012 accelerated graduate entry student who is undertaking their first year of study, in accordance with regulation 43;

(b) where the eligible student is an eligible student with full entitlement who is a 2011 cohort student, in accordance with regulation 44;

Maximum amount of loans for eligible students with full entitlement who are 2010 cohort students, 2012 cohort students or 2012 accelerated graduate entry students ...

43

(1) This regulation applies to an eligible student with full entitlement who is a 2010 cohort student, a 2012 cohort student or a 2012 accelerated graduate entry student ....

(2) Subject to regulations 46 to 51, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year other than a final year of a course that is not an intensive course is equal to $(X−Y)$ where—

X is, for such a student in—category 1, £5,358 for a 2010 cohort student, otherwise £6,438;category 2, £9,697 for a 2010 cohort student, otherwise £11,650;category 3, £8,253 for a 2010 cohort student, otherwise £9,917;category 4, £8,253 for a 2010 cohort student, otherwise £9,917;category 5, £6,922 for a 2010 cohort student, otherwise £8,317;

Y is the maintenance grant amount.

(3) Subject to regulations 46 to 51, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year that is the final year of a course that is not an intensive course is equal to $(X−Y)$ where—

X is, for such a student in—category 1, £4,851 for a 2010 cohort student, otherwise £5,830;category 2, £8,830 for a 2010 cohort student, otherwise £10,609;category 3, £7,179 for a 2010 cohort student, otherwise £8,625;category 4, £7,179 for a 2010 cohort student, otherwise £8,625;category 5, £6,412 for a 2010 cohort student, otherwise £7,705;

Y is the maintenance grant amount.

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

(a) where the eligible student referred to in paragraph (1) qualifies under regulation 36 for an amount of maintenance grant, the amount that is equal to £0.50 for every £1 of maintenance grant for which that student qualifies, up to a maximum value for Y of £2,580;

(b) where no maintenance grant is payable under regulation 36, nil.

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

44

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

(2) Subject to regulations 46 to 51, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year other than a final year of a course that is not an intensive course is equal to $( X−Y )$ where—

X is, for such a student in— category 1, £5,358; category 2, £9,697; category 3, £8,253; category 4, £8,253; category 5, £6,922;

Y is the maintenance grant amount.

(3) Subject to regulations 46 to 51, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year that is the final year of a course that is not an intensive course is equal to $( X−Y )$ where—

X is, for such a student in— category 1, £4,851; category 2, £8,830; category 3, £7,179; category 4, £7,179; category 5, £6,412;

Y is the maintenance grant amount.

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

(a) where the eligible student referred to in paragraph (1) qualifies under regulation 37 for an amount of maintenance grant, the amount that is equal to £0.50 for every £1 of maintenance grant for which that student qualifies, up to a maximum value for Y of £2,688;

(b) where no maintenance grant is payable under regulation 37, nil.

Students with reduced entitlement

45

(1) Subject to regulations 46 to 51, the maximum amount of loan for living costs for which a student with reduced entitlement qualifies in respect of an academic year of a course other than the final year of a course that is not an intensive course is—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) where the student falls within regulation 23(6), for such a student in—

(i) category 1, £3,057;

(ii) category 2, £5,729;

(iii) category 3, “£4,875;

(iv) category 4, £4,875;

(v) category 5, £4,076.

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

X is, for such a student in—

(i) category 1, £4,829;

(ii) category 2, £8,738;

(iii) category 3, £7,438;

(iv) category 4, £7,438;

(v) category 5, £6,238;

Y is nil.

(2) Subject to regulations 46 to 51, the maximum amount of loan for living costs for which a student with reduced entitlement qualifies in respect of an academic year that is the final year of a course that is not an intensive course is—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) where the student falls within regulation 23(6), for such a student in—

(i) category 1, £2,323;

(ii) category 2, £4,381;

(iii) category 3, £3,564;

(iv) category 4, £3,564;

(v) category 5, £3,176.

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

X is, for such a student in—

(i) category 1, £4,373;

(ii) category 2, £7,957;

(iii) category 3, £6,469;

(iv) category 4, £6,469;

(v) category 5, £5,779;

Y is nil.

Students residing with parents

46

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

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

(3) Subject to paragraph (4), where A resides at A’s parents’ home for a reason only relating to coronavirus, A is treated as if A were not residing at A’s parents’ home.

(4) Paragraph (3) does not apply where A requests that the Welsh Ministers treat them as residing at their parents’ home.

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

47

(1) Subject to regulation 49, the loan for living costs is payable in respect of three quarters of the academic year.

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

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

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

Students falling into more than one category

48

Where an eligible student falls into more than one of the categories in regulation 52 in the course of the academic year—

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

(b) the maximum amount of loan for living costs for each such quarter is one third of the maximum amount of loan for living costs which would apply for the academic year if the eligible student fell into the category which applies to the relevant quarter for the duration of the academic year; and

(i) the category into which the eligible student falls for the longer or longest period in that quarter; or

(ii) if the eligible student falls into more than one category for an equal period in that quarter, the category with the higher or highest rate of loan for living costs for the academic year.

Students becoming eligible during the course of an academic year

49

(1) Where a student becomes an eligible student during the course of an academic year as a result of one of the events listed in paragraph (2), the student may qualify for a loan for living costs in respect of such quarters of that academic year in respect of which a loan for living costs is payable as begin after the relevant event in paragraph (2) occurs.

(2) The events are—

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

(b) the student 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.

(3) An eligible student to whom paragraph (1) applies does not qualify for a loan for living costs in respect of any academic year beginning before the academic year in which the relevant event occurred.

(4) The maximum amount of loan for living costs payable is the aggregate of the maximum amount of loan for each quarter in respect of which the student qualifies for support under this regulation.

(5) The maximum amount of loan for living costs for each such quarter is one third of the maximum amount of loan for living costs which would apply for the academic year if the student fell into the category which applies to the relevant quarter for the duration of the academic year.

Increases in maximum amount

50

(1) Where an eligible student is required to attend the eligible student’s course for a period exceeding 30 weeks and 3 days in an academic year, the maximum amount of loan for living costs specified in regulation 43 or, as the case may be, 44 must be increased for each week or part week of attendance in that academic year beyond 30 weeks and 3 days by, for such a student in—

(a) category 1, £96;

(b) category 2, £184;

(d) category 4, £201;

(e) category 5, £144.

(2) Where an eligible student attends the eligible student’s course for a period of not less than 45 weeks in any continuous period of 52 weeks the amount of loan for living costs specified in regulation 43 or, as the case may be, 44 is increased for each week in the 52 week period during which the eligible student did not attend by the amounts referred to in paragraph (1).

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

Deductions from loans for living costs

51

(1) A deduction from the amount of loan for living costs calculated under this Part in respect of an eligible student with full entitlement may be made in accordance with regulation 56.

(2) A deduction from the amount of loan for living costs calculated under this Part in respect of a student with reduced entitlement may not be made under regulation 56.

Interpretation of Part 6

52

In this Part—

(a) a student is in category 1 if subject to regulation 46 the student resides at the student’s parents’ home while attending the course; or

(b) a student is in category 2 if the student is not in category 1 and the student attends one or more of the following—

(i) a course at the University of London;

(ii) a course at an institution which requires attendance for at least half the time in aggregate of any quarter of the course in the academic year at a site wholly or partly within the area comprising the City of London and the former Metropolitan Police District; or

(iii) a sandwich course at an institution which requires the student to undertake work experience or a combination of work experience and study provided that the student undertakes such work experience or combination of work experience and study for at least half the time in aggregate of any quarter of the course in the academic year at a site or sites wholly or partly within the area comprising the City of London and the former Metropolitan Police District;

(c) a student is in category 3 if the student is not in category 1 and the student attends an overseas institution as part of the student’s course or attends an overseas work placement in an Erasmus year;

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

(e) a student is in category 5 if the student is not in categories 1 to 4;

(f) an “an eligible student with full entitlement” (“myfyriwr cymwys sydd â hawlogaeth lawn”) is an eligible student other than a student with reduced entitlement;

(fa) “coronavirus” (“coronafeirws”) means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);

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

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

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

(i) is not eligible for a grant for living costs in respect of the academic year by virtue of ... regulation 23(6); or

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

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

PART 7 — GENERAL LOAN PROVISIONS

Additional amount of loans

53

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

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

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

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

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

(2) The additional amount under paragraph (1) is an amount which when added to the amount already applied for does not exceed the increased maximum.

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

PART 8 — COLLEGE FEE LOANS

College fee loans

54

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

PART 9 — FINANCIAL ASSESSMENT

Calculation of contribution

55

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

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

Application of contribution

56

(1) An amount equal to the contribution or the remainder of the contribution, as the case may be, calculated under Schedule 5, is to be applied until it is extinguished against the amount of the particular grants and loans for which the eligible student qualifies as follows—

(a) first, to reduce ADG;

(b) second, to reduce CCG;

(d) fourth, to reduce LLC to no less than the minimum level for the academic year;

(e) fifth, to reduce GFT.

(2) In this regulation—

(a) ADG is the amount, if any, of the adult dependants’ grant calculated in accordance with regulation 29;

(b) CCG is the amount, if any, of the childcare grant calculated in accordance with regulation 29;

(d) LLC is the amount of loan for living costs, if any, for which the eligible student (other than a student with reduced entitlement) qualifies under Part 6 to no less than the minimum level for the academic year specified in paragraph (3);

(e) PLA is the amount, if any, of the parents’ learning allowance calculated under regulation 29 (except the first £50 of the allowance).

(3) Subject to paragraphs (4) and (5), the “minimum level for the academic year” (“lefel isaf am y flwyddyn academaidd”) in regulation 56(1)(e) is, in the case of a student in—

(a) category 1, £4,829;

(b) category 2, £8,738;

(d) category 4, £7,438;

(e) category 5, £6,238.

(4) Subject to paragraph (5), where the academic year in question is the final year of a course other than an intensive course, the “minimum level for the academic year” (“lefel isaf am y flwyddyn academaidd”) is, in the case of a student in—

(a) category 1, £4,373;

(b) category 2, £7,957;

(d) category 4, £6,469;

(e) category 5, £5,779.

(5) Where different categories apply to an eligible student for different quarters of the academic year, the minimum levels in paragraphs (3) and (4) are the aggregate of the amounts determined under paragraph (6) for each of the three quarters in respect of which a loan is payable.

(6) The amount determined for each quarter is one third of the amount in paragraph (3) or (4) which corresponds to the rate applicable for the quarter.

(7) Categories 1 to 5 have the meaning given in regulation 52.

PART 10 — PAYMENTS

Payment of grants or loans for fees for eligible students

57

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

(2) The Welsh Ministers may pay the new fee grant or fee loan in such instalments (if any) and at such times as they consider appropriate.

(3) The Welsh Ministers must not pay the new fee grant or fee loan, or any instalment of the new fee grant or fee loan for which an eligible student qualifies unless they have received from the relevant academic authority—

(a) a request for payment; and

(b) confirmation of the eligible student’s attendance on the designated course.

(4) In this regulation “confirmation of the eligible student’s attendance on the designated course” (“cadarnhad o bresenoldeb y myfyriwr cymwys ar y cwrs dynodedig”) means confirmation from the relevant academic authority that the eligible student—

(a) has enrolled on and started attending the designated course, or in the case of a student who is treated as being in attendance under regulation 13(3) and 13(4), started to undertake the designated course, where the confirmation relates to full payment or a first instalment of the new fee grant or fee loan; or

(b) remains enrolled and continues to attend the designated course at the date of confirmation, or in the case of a student who is treated as being in attendance under regulation 13(3) and 13(4), continues to undertake the designated course at the date of confirmation, where the confirmation relates to an instalment of the new fee grant or fee loan other than the first instalment.

(5) Where assessment of an eligible student’s application or other matters have delayed the final calculation of the amount of new fee grant or fee loan for which the eligible student qualifies, the Welsh Ministers may make a provisional assessment and payment.

(6) Where an eligible student ceases to attend or undertake a designated course during the academic year and the academic authority has determined or agreed that the student will not return during that academic year, the academic authority must inform the Welsh Ministers as soon as is practicable of the eligible student’s departure from the designated course.

Payment of grants for living costs

58

(1) Subject to the following paragraphs, the Welsh Ministers may pay support under Part 5 in such instalments (if any) and at such times as they consider appropriate.

(2) An academic authority is required to send an attendance confirmation to the Welsh Ministers.

(3) The Welsh Ministers must not pay the first instalment or, where it has been determined not to pay support under Part 5 by instalments, make any payment of support under that Part to an eligible student before they have received an attendance confirmation unless an exception referred to in paragraph (4) applies.

(4) For the purposes of paragraph (3), an exception applies if—

(a) a grant for disabled students’ living costs is payable in which case that particular grant may be paid before the Welsh Ministers have received an attendance confirmation; or

(b) the Welsh Ministers have determined that owing to exceptional circumstances it would be appropriate to make a payment without receiving an attendance confirmation.

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

(6) Payments of support under Part 5 are to be made in such manner as the Welsh Ministers consider appropriate and they may make it a condition of entitlement to payment that the eligible student must provide them with particulars of a bank or building society account in the United Kingdom into which payments may be made by electronic transfer.

(7) Subject to paragraph (8), no support under Part 5 is payable in respect of any day of an academic year on which the eligible student is a prisoner, unless in the opinion of the Welsh Ministers it would be appropriate in all the circumstances for support to be paid in respect of that day.

(8) Paragraph (7) does not apply in respect of grants for disabled students’ living costs.

(9) In deciding whether support is payable under paragraph (7) the circumstances to which the Welsh Ministers must have regard include the financial hardship not paying the support would cause and whether not paying the support would affect the eligible student’s ability to continue the course.

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

(11) Where an eligible student’s period of eligibility terminates on or after the relevant date, the Welsh Ministers must determine—

(a) the amount of each grant for living costs for which that student qualifies that would be payable in respect of the relevant payment period if that student’s period of eligibility had not terminated (the “full amount”); and

(b) how much of the full amount is payable in respect of the period which runs from the first day of the relevant payment period up to and including the day on which the eligible student’s period of eligibility terminated (the “partial amount”).

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

(13) If the Welsh Ministers have made a payment of grant for living costs in respect of the relevant payment period before the point in that period at which the eligible student’s period of eligibility terminated and that payment exceeds the partial amount of that grant—

(a) they may treat the excess as an overpayment of that grant; or

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

(14) Subject to paragraph (15), if a payment of a grant for living costs in respect of the relevant payment period is due to be made or is made after the eligible student’s period of eligibility has terminated, the amount of that grant payable is the partial amount unless the Welsh Ministers consider it appropriate to extend the period of eligibility in respect of that grant until the end of the relevant payment period and to determine that the full amount of that grant is payable in respect of that payment period.

(15) Paragraph (14) does not apply to a payment of grant for disabled students’ living costs in respect of specialist equipment.

(16) No support under Part 5 is payable in respect of a payment period during any part of which an eligible student is absent from the eligible student’s course, unless in the opinion of the Welsh Ministers it would be appropriate in all the circumstances for support to be paid in respect of the period of absence.

(17) In deciding whether it would be appropriate for support to be payable under paragraph (16) the circumstances to which the Welsh Ministers must have regard include the reason for the student’s absence, the length of the absence and the financial hardship which not paying the support would cause.

(18) An eligible student is not to be considered absent from the eligible student’s course if the eligible student is unable to attend due to illness and the eligible student’s absence has not exceeded 60 days.

(19) Where, after the Welsh Ministers have made any payment of support under Part 5 or Part 6, they make a determination of the amount of a grant for living costs for which the eligible student qualifies either for the first time or by way of revision of a provisional or other determination of that amount—

(a) if the determination increases the amount of that grant for which the eligible student qualifies they must pay the additional amount and may do so in such instalments (if any) and at such times as they consider appropriate;

(b) if the determination decreases the amount of that grant for which the eligible student qualifies they must subtract the amount of the decrease from the amount of that grant which remains to be paid;

(c) if the amount of the decrease is greater than the amount of that grant remaining to be paid the latter amount is reduced to nil and the balance subtracted from any other grant for living costs for which the student qualifies in respect of the academic year;

(d) any remaining overpayment is recoverable in accordance with regulation 62.

Provision of United Kingdom national insurance number

59

(1) The Welsh Ministers may make it a condition of entitlement to payment of any loan that an eligible student must provide them with the eligible student’s United Kingdom national insurance number.

(2) Subject to paragraph (3), where the Welsh Ministers have imposed a condition under paragraph (1), they must not make any payment of the loan to the eligible student before they are satisfied that the eligible student has complied with that condition.

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

Information requirements

60

(1) The Welsh Ministers may at any time request from an applicant or an eligible student information that they consider is required to recover a loan.

(2) The Welsh Ministers may at any time request from an applicant or an eligible student sight of their valid national identity card, valid passport issued by the state of which they are a national or their birth certificate.

(3) Where the Welsh Ministers have requested information under this regulation, they may withhold any payment of a loan until the applicant or eligible student provides what has been requested or provides a satisfactory explanation for not complying with the request.

(4) The Welsh Ministers may at any time require an applicant or an eligible student to enter into an agreement to repay a loan by a particular method.

(5) Where the Welsh Ministers have requested an agreement as to the method of repayment under this regulation, the Welsh Ministers may withhold any payment of a loan until the applicant or eligible student provides what has been requested.

Payment of loans for living costs

61

(1) The Welsh Ministers may pay support under Part 6 in instalments or in a single lump sum.

(2) Subject to paragraph (4), the Welsh Ministers may pay support under Part 6 at such times as they consider appropriate.

(3) An academic authority is required to send an attendance confirmation to the Welsh Ministers.

(4) The Welsh Ministers must not pay the first instalment, or where they have determined not to pay support under Part 6 by instalments, make any payment of support under Part 6 to the eligible student before they have received an attendance confirmation from the relevant academic authority unless the exception referred to in paragraph (5) applies.

(5) For the purposes of paragraph (4) the exception applies if the Welsh Ministers have determined that owing to exceptional circumstances it would be appropriate to make a payment without receiving an attendance confirmation.

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

(7) Payments of support under Part 6 are to be made in such manner as the Welsh Ministers consider appropriate and they may make it a condition of entitlement to payment that the eligible student must provide them with particulars of a bank or building society account in the United Kingdom into which payments may be made by electronic transfer.

(8) Where the Welsh Ministers have made any payment of support under Part 5 or Part 6 and an eligible student who qualifies for a loan for living costs under Part 6 applies for such a loan or applies for an additional amount of loan for living costs in respect of an academic year, the Welsh Ministers may pay that loan or that additional amount of loan in such instalments (if any) and at such times as they consider appropriate as soon as is reasonably practicable after a satisfactory application has been received.

(9) Subject to paragraph (10), no support under Part 6 is payable in respect of any day of an academic year on which the eligible student is a prisoner, unless in the opinion of the Welsh Ministers it would be appropriate in all the circumstances for support to be paid in respect of that day.

(10) In deciding whether support is payable under paragraph (9) the circumstances to which the Welsh Ministers must have regard include the financial hardship which not paying the support would cause and whether not paying the support would affect the eligible student’s ability to continue the course.

(11) No support under Part 6 is payable in respect of any payment period beginning after an eligible student’s period of eligibility terminates.

(12) No support under Part 6 is payable in respect of a payment period during part of which an eligible student is absent from the eligible student’s course, unless in the opinion of the Welsh Ministers it would be appropriate in all the circumstances for support to be paid in respect of the period of absence.

(13) In deciding whether support is payable under paragraph (12) the circumstances to which the Welsh Ministers must have regard include the reasons for the eligible student’s absence, the length of absence and the financial hardship which not paying the eligible student would cause.

(14) An eligible student is not to be considered absent from the eligible student’s course if the eligible student is unable to attend due to illness and the eligible student’s absence has not exceeded 60 days.

(15) Where, after the Welsh Ministers have made any payment of loan for living costs for which an eligible student qualifies in respect of an academic year under Part 6, they make a determination that the amount of loan for living costs for which the eligible student qualifies is less than the amount previously determined either by way of a revision of a provisional assessment or otherwise—

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

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

Overpayments

62

(1) Any overpayment of a new fee grant or fee loan is recoverable by the Welsh Ministers from the academic authority.

(2) An eligible student must, if so required by the Welsh Ministers, repay any amount paid to the eligible student under Part 5 or 6 which for whatever reason exceeds the amount of support to which the student is entitled under Part 5 or 6.

(3) The Welsh Ministers must recover an overpayment of any grant for living costs unless they consider it is not appropriate to do so.

(4) A payment of any grant for living costs made before the relevant date is an overpayment if the eligible student withdraws from the course before the relevant date unless the Welsh Ministers decide otherwise.

(5) In the circumstances in paragraph (6) or (7), there is an overpayment of the grant for disabled students’ living costs unless the Welsh Ministers decide otherwise.

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

(a) the Welsh Ministers apply all or part of the grant for disabled students’ living costs to the purchase of specialist equipment on behalf of the eligible student;

(b) the eligible student’s period of eligibility terminates after the relevant date; and

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

(a) the eligible student’s period of eligibility terminates after the relevant date; and

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

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

(9) Any overpayment of any grant under Part 5 may be recovered in whichever one or more of the following ways the Welsh Ministers consider appropriate in all the circumstances—

(a) by subtracting the overpayment from any kind of grant payable to the eligible student from time to time pursuant to regulations made by the Welsh Ministers under section 22 of the 1998 Act;

(b) by taking such other action for the recovery of an overpayment as is available to them.

(10) Any overpayment of a loan for living costs in respect of any academic year may be recovered by the Welsh Ministers—

(a) by subtracting the overpayment from the amount of any loan payable to the student from time to time under these Regulations or any other regulations made by the Welsh Ministers under section 22 of the 1998 Act;

(b) by requiring the student to repay the overpayment in accordance with regulations made under section 22 of the 1998 Act;

(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(14) For the purpose of this regulation reference to an eligible student includes a person who has received support under Part 5 or 6 but who does not satisfy the requirements of regulation 4 (eligible students).

Payments - interpretation

63

In this Part—

(a) “attendance confirmation” (“cadarnhad o bresenoldeb”) means confirmation in writing from the academic authority—

(i) that the eligible student has enrolled for the academic year where the eligible student—

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

(bb) has a disability; and

(cc) is undertaking the course but not attending (regardless of whether the reason for not attending relates to the eligible student’s disability);

(ii) that the eligible student has been present at the institution and begun to attend the course where—

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

(bb) the student’s status as an eligible student has not been transferred to the course from another designated course at the same institution; and

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

(iii) that the eligible student has enrolled for the academic year where the eligible student is applying for support in connection with a designated course—

(aa) other than for the first time; or

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