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The Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2007

Type Welsh-Statutory-Instrument

Publication 2007-03-27

State In force

Jurisdiction Wales

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(9) In this regulation “specified designated part-time course” (Cwrs rhan-amser dynodedig a bennir”)means the course in respect of which the person is applying for support or, where the student’s status as an eligible part-time student has been transferred to the present designated part-time course as a result of one or more transfers of that status by the National Assembly from a part-time course (the “initial course”) in connection with which the National Assembly determined the student to be an eligible part-time student pursuant to regulations made under section 22 of the 1998 Act, the specified designated part-time course is the initial course.

Grants for disabled part-time students' living costs

66

(1) An eligible part-time student qualifies in accordance with this Part for a grant to assist with the additional expenditure which the National Assembly is satisfied the student is obliged to incur in respect of his or her undertaking a designated part-time course by reason of a disability to which he or she is subject.

(2) Subject to the following paragraphs, the amount of grant under this regulation is the amount that the National Assembly considers appropriate.

(3) The amount of the grant must not exceed —

(a) £9,325 in respect of an academic year for expenditure on a non-medical personal helper;

(b) £4,910 in respect of all the academic years during the period of eligibility for expenditure on major items of specialist equipment;

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

(ii) within or outside the United Kingdom for the purpose of attending, as a part of his or her course, any period of study at an overseas institution or for the purpose of attending the University of London Institute in Paris ;

(d) £1,230 in respect of an academic year for any other expenditure including expenditure incurred for the purposes referred to in sub-paragraph (a) or (b) which exceeds the specified maxima.

Applications for support

67

(1) A person (the “applicant”) must apply for support in connection with each academic year of a designated part-time course by completing and submitting to the National Assembly an application in such form as the National Assembly may require.

(2) The application must be accompanied by—

(a) a declaration completed by the academic authority; and

(b) such additional documentation as the National Assembly may require.

(3) The general rule is that the application must reach the National Assembly within a period of six months beginning with the first day of the academic year of the course in respect of which it is submitted.

(4) The general rule in paragraph (2) does not apply where —

(a) one of the events listed in paragraph (15) of regulation 62 occurs after the first day of the academic year in respect of which the applicant is applying for support, in which case the application must reach the National Assembly within a period of six months beginning with the date on which the event occurs.

(b) the applicant is applying for support under regulation 66 , in which case the application must reach the National Assembly as soon as is reasonably practicable; or

(c) the National Assembly considers that having regard to the circumstances of the particular case the time limit should be relaxed, in which case the application must reach the National Assembly not later than such date as it specifies.

(5) The National Assembly may take such steps and make such inquiries as it considers necessary to determine whether the applicant is an eligible part-time student, whether he or she qualifies for support and the amount of support payable, if any.

(6) The National Assembly must notify the applicant of whether or not he or she qualifies for support and, if the applicant does qualify, the amount of support payable in respect of the academic year, if any.

Information and other matters

68

(1) Schedule 3 applies to the provision of information.

(2) Subject to paragraph (3), the appropriate academic authority must, on the request of the applicant, complete the declaration referred to in regulation 67 (2) in the form required by the National Assembly.

(3) An academic authority is not required to complete a declaration if it is unable to give the confirmation required.

(4) In this Part, “declaration” (“datganiad”) means—

(a) where the applicant is applying for support in connection with the designated part-time course for the first time, a statement that—

(i) provides the course information; and

(ii) confirms that the applicant has undertaken at least two weeks of the designated part-time course;

(b) in any other case, a statement that—

(i) provides the course information; and

(ii) confirms that the applicant has enrolled to undertake the academic year of the designated part-time course in respect of which he or she is applying for support.

(5) In this regulation, “course information” (“gwbodaeth am y cwrs”)means—

(a) the amount of fees being charged in respect of the academic year in respect of which the applicant is applying for support;

(b) the intensity of study; and

(i) the course to be a designated part-time course;

(ii) that it will be possible for the applicant to complete the course within the period specified in regulation 63(5)(b) .

(6) For the purposes of paragraph (5)(c)(ii) the academic authority must have regard for —

(a) any increase in intensity of study that would be required for the applicant to complete the course within the period specified in regulation 63(5)(b ;

(b) any parts of the course which the applicant has been required to repeat.

Transfer of status

69

(1) Where an eligible part-time student transfers to another part-time course, the National Assembly must transfer the student’s status as an eligible part-time student to that course where —

(a) it receives a request from the eligible part-time student to do so;

(b) it is satisfied that one or more of the grounds for transfer in paragraph (2) applies; and

(2) The grounds for transfer referred to in paragraph (1) are —

(a) the eligible part-time student starts to undertake another designated part-time course at the institution;

(b) the eligible part-time student starts to undertake a designated part-time course at another institution; or

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

(3) Subject to paragraph (4), an eligible part-time student who transfers under paragraph (1) shall, for the remainder of the academic year in which he or she transfers, continue to receive in connection with the course to which he or she transfers the support for which the National Assembly has determined he or she qualifies in respect of the course from which he or she transfers.

(4) The National Assembly may re-assess the amount of support payable after the transfer in accordance with this Part.

(5) An eligible student who transfers under paragraph (1) after the National Assembly has determined his or her support in connection with the academic year of the course from which he or she is transferring but before he or she completes that year may not apply for another grant under regulation 65(1) (b) or regulation 66 in connection with the academic year of the course to which he or she transfers.

(6) Where a student transfers under paragraph (1), the maximum amount of assistance under regulation 65(1)(a) in respect of the academic years to and from which he or she transfers is the amount of assistance with fees available in connection with the course which has the highest intensity of study as defined in regulation 65.

Conversion of status

70

(1) Where an eligible student ceases to undertake a designated course and transfers to a designated part-time course at the same or at another institution, the National Assembly must convert the student’s status as an eligible student to that of an eligible part-time student in connection with the course to which he or she is transferring where —

(a) it receives a request from the eligible student to do so; and

(b) the period of eligibility has not expired or been terminated.

(2) Where, before completing the designated course, the student transfers to a part-time course in the same subject or subjects leading to the same qualification at the same institution, the part-time course is treated as satisfying regulation 63(1)(b) if the period of part-time study to be undertaken by the student is of at least one academic year’s duration and does not exceed twice the period normally required to complete the remainder of the designated course from which the student transfers.

(3) The following applies to a student who transfers under paragraph (1) —

(a) where the National Assembly has determined to pay an amount of grant to the student under regulation 24 in periodic instalments, no payment in respect of that amount of grant may be made in respect of any instalment period beginning after the date on which the student became an eligible part-time student;

(b) the maximum amount of grant to which the student would, apart from this regulation, be entitled pursuant to regulation 66 in connection with his or her undertaking a designated part-time course in respect of that academic year is reduced by one third where the student became an eligible part-time student during the second quarter of the academic year and by two thirds where he or she became such a student in a later quarter of that year;

(c) where an amount of grant for any purpose has been paid to the student under regulation 24 in a single instalment, the maximum amount of grant payable to him or her pursuant to regulation 66 for that purpose is reduced (or, where sub-paragraph (b) applies, further reduced) by the amount of grant paid to him or her for that purpose pursuant to regulation 24, and where the resulting amount is nil or a negative amount that amount is nil; and

(d) where immediately before he or she became an eligible part-time student he or she was eligible to apply, but had not applied, for a loan for living costs in respect of that year, or had not applied for the maximum amount or increased maximum for which he or she was entitled, he or she may apply for such a loan or such additional amount of loan as if he or she had continued to be an eligible student; and in the circumstances mentioned in paragraph (4) the maximum or increased maximum amount of such loan for the academic year is reduced in accordance with that paragraph.

(4) Where the request under paragraph (1) is made during the first quarter of the academic year in respect of which the loan is payable the maximum amount or increased maximum amount of loan (as the case may be) is reduced by two thirds, and where the request is made during the second quarter of that year that amount is reduced by one third.

(5) Where an eligible part-time student ceases to undertake a designated part-time course and transfers to a designated course at the same or at another institution, the National Assembly must convert that student’s status as an eligible part-time student to that of an eligible student in connection with the course to which he or she is transferring where —

(a) it receives a request from the eligible part-time student to do so; and

(b) the period of eligibility has not expired or been terminated.

(6) The following applies to a student who transfers under paragraph (5) —

(a) where the National Assembly has determined to pay an amount of grant to the student pursuant to regulation 66 in periodic instalments no payment in respect of that amount of grant may be made in respect of any instalment period beginning after the date on which the student became an eligible student;

(b) any support to which the student is entitled under this Part in respect of the academic year in which the student transfers must be ignored in determining the amount of support to which he or she may be entitled in respect of that year under Parts 4 to 6;

(c) the maximum amount of any support under Part 7 or 8 to which the student would, apart from this regulation, be entitled in connection with a designated course in respect of that academic year is reduced by one third where the student became an eligible student during the second quarter of that academic year and by two thirds where he or she became such a student in a later quarter of that year; and

(d) where an amount of grant for any purpose has been paid to the student pursuant to regulation 66 in a single instalment, the maximum amount of grant payable to him or her under regulation 24 for that purpose is reduced (or, where sub-paragraph (c) applies, further reduced) by the amount of grant paid to him or her for that purpose pursuant to regulation 66 and where the resulting amount is nil or a negative amount that amount is nil.

Payment of support to eligible part-time students

71

(1) The National Assembly must pay support under regulation 66 and under regulation 65(1)(b) and in such instalments (if any) and at such times as it considers appropriate and in the exercise of its functions under this paragraph it may, where a final assessment cannot be made on the basis of the information provided by the student, make a provisional assessment of the support payable.

(2) Payments may be made in such manner as the National Assembly considers appropriate and it may make it a condition of entitlement to payment that the eligible part-time student must provide it with particulars of a bank or building society account in the United Kingdom into which payments may be made by electronic transfer.

(3) The National Assembly must not pay the first instalment or, where it has been determined not to pay support in instalments, make any payment of the grant for books, travel and other expenditure or the disabled part-time students' grant for living costs under regulation 66 before it has received the declaration referred to in regulation 67(2) unless an exception applies.

(4) An exception applies if—

(a) a disabled part-time students' grant for living costs under regulation 66 is payable in which case that particular grant may be paid before the National Assembly has received a declaration;

(b) the National Assembly has determined that owing to exceptional circumstances it would be appropriate to make a payment without receiving a declaration.

Payment of grants for fees

72

(1) Subject to paragraphs (2) and (3) , the National Assembly must pay the grant in respect of fees for which the student qualifies under regulation 65(1)(a) to the appropriate academic authority after a valid request for payment has been received.

(2) The National Assembly may make payments under paragraph (1) at such times and in such instalments as it sees fit.

(3) The National Assembly may make provisional payments under paragraph (1) in such cases as it deems appropriate.

Overpayments

73

(1) Any overpayment of a grant in respect of fees under regulation 65(1)(a) may be recovered by the National Assembly from the academic authority.

(2) An eligible part-time student must, if so required by the National Assembly, repay any amount paid to the student under this Part which for whatever reason exceeds the amount of grant to which he or she qualifies under this Part.

(3) Any overpayment of grant under this Part may be recovered in whichever one or more of the following ways the National Assembly considers appropriate in all the circumstances —

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

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

(4) A payment of the disabled part-time students' grant for living costs under regulation 66 made before the relevant date is an overpayment if the student withdraws from the course before the relevant date unless the National Assembly decides otherwise.

(5) The “relevant date” (dyddiad perthnasol”)is the date on which the first term of the academic year in question actually begins.

(6) In the circumstances in paragraph (7) or (8), there is an overpayment of the disabled part-time students' grant for living costs under regulation 66 unless the National Assembly decides otherwise.

(7) The circumstances are—

(a) the National Assembly applies all or part of the disabled part-time students' grant for living costs under regulation 66 to the purchase of specialist equipment on behalf of the eligible part-time student;

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

(8) The circumstances are—

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

(b) a payment of the disabled part-time students' grant for living costs under regulation 66 in respect of specialist equipment is made to the student after the eligible part-time student’s period of eligibility terminates.

(9) Where there is an overpayment of the disabled part-time students' grant for living costs under regulation 66, the National Assembly may accept the return of specialist equipment purchased with the grant by way of recovery of all or part of the overpayment if it considers it is appropriate to do so.

PART 12 — SUPPORT FOR POSTGRADUATE STUDENTS WITH DISABILITIES

Eligible postgraduate students

74

(1) An eligible postgraduate student qualifies, subject to and in accordance with this Part, for a grant to assist with the additional expenditure which the National Assembly is satisfied he or she is obliged to incur in connection with his or her undertaking a designated postgraduate course by reason of a disability to which he or she is subject.

(2) A person is an eligible postgraduate student in connection with a designated postgraduate course if that person satisfies the conditions in paragraph (3) and is not excluded by paragraph (4).

(3) The conditions are —

(a) the National Assembly, in assessing a person’s application for support, has determined in connection with the designated postgraduate course that the person falls within one of the categories set out in Part 2 of Schedule 1; and

(b) the National Assembly is satisfied that, by reason of a disability to which the person is subject, he or she will be obliged to incur additional expenditure in respect of his or her undertaking the course.

(4) A person is not an eligible postgraduate student if —

(a) there has been bestowed on him or her or paid to him or her in relation to his or her undertaking the course —

(i) a healthcare bursary;

(ii) any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 1992[^f00067];

(iii) any allowance, bursary or award of similar description made by a Research Council;

(iv) any allowance, bursary or award of similar description made by his or her institution which includes any payment for the purpose of meeting additional expenditure incurred by the student by reason of his or her disability; or

(v) any allowance, bursary or award of similar description made by the General Social Care Council under section 67(4)(a) of the Care Standards Act 2000[^f00068] which includes payment for meeting additional expenditure incurred by the student by reason of his or her disability; or

(b) he or she is in breach of an obligation to repay any loan;

(c) he or she has reached the age of 18 and has not ratified any agreement for a loan made with him or her when he or she was under the age of 18;

(d) that person has, in the opinion of the National Assembly, shown himself or herself by his or her conduct to be unfitted to receive support.

(5) For the purposes of paragraphs (4)(b) and (4)(c), “loan” (“benthyciad”) means a loan made under the student loans legislation.

(6) In a case where the agreement for a loan is subject to the law of Scotland, paragraph (4)(c) only applies if the agreement was made —

(a) before the 25 September 1991; and

(b) with the concurrence of the borrower’s curator or at a time when he or she had no curator.

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

(8) An eligible postgraduate student does not qualify for a grant under this Part unless he or she is undertaking his or her course in the United Kingdom.

(9) Despite paragraphs (3) (a) and (4), a person is an eligible postgraduate student for the purposes of this Part if he or she satisfies the conditions in paragraph (3) (b) and paragraph (10) or (11).

(10) The conditions are —

(a) the person qualified as an eligible postgraduate student in connection with an earlier academic year of the present designated postgraduate course pursuant to regulations made under section 22 of the Act and that status has not expired or been terminated;

(b) the person was ordinarily resident in Wales on the first day of the academic year of the present designated postgraduate course; and

(11) The conditions are —

(a) the National Assembly has previously determined that the person is an eligible postgraduate student in connection with a designated postgraduate course other than the present designated postgraduate course;

(b) the student’s status as an eligible postgraduate student in connection with the course in sub-paragraph (a) has been transferred from that course to the present course as a result of one or more transfers in accordance with regulations made under section 22 of the Act;

(c) the person was ordinarily resident in Wales on the first day of the academic year of the course in sub-paragraph (a); and

(d) the person’s status as an eligible postgraduate student has not terminated.

(12) Where—

(a) the National Assembly has determined that, by virtue of being a refugee or the spouse, civil partner, child or step-child of a refugee, a person (“A”) was an eligible postgraduate student in connection with an application for support for an earlier year of the present postgraduate course or an application in connection with another designated postgraduate course from which his or her status as an eligible postgraduate student has been transferred to the present postgraduate course; and

(b) as at the day before the academic year in respect of which A is applying for support starts, the refugee status of A or of his spouse, civil partner, parent or step-parent has expired and no further leave to 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 postgraduate student terminates on the day before the first day of the academic year in respect of which he or she is applying for support.

(13) Where—

(a) the National Assembly has determined that, by virtue of being a refugee or the spouse, civil partner, child or step-child of a refugee, a person (“A”) was an eligible postgraduate student in connection with an application for support for an earlier year of the present postgraduate course or an application in connection with another designated postgraduate course from which his or her status as an eligible postgraduate student has been transferred to the present postgraduate course; and

(b) as at the day before the academic year in respect of which A is applying for support, the period for which the person with leave to enter or remain is allowed to stay in the United Kingdom has expired and no further leave to 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 postgraduate student terminates on the day before the first day of the academic year in respect of which he or she is applying for support.

(14) Paragraphs (12) and (13) do not apply where the student began the course in connection with which the National Assembly determined that he or she was an eligible postgraduate student before 1 September 2007.

(15) An eligible postgraduate student does not, at any one time, qualify for support for —

(a) more than one designated postgraduate course;

(b) a designated postgraduate course and a designated course;

(16) Where one of the events listed in paragraph (17) occurs in the course of an academic year—

(a) a student may qualify for a grant under this Part in respect of that academic year in accordance with this Part; and

(b) a grant of the kind available under this Part is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.

(17) The events are—

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

(b) the student, his or her spouse, his or her civil partner or his or her parent is recognised as a refugee or becomes a person with leave to enter or remain;

(c) the state of which the student is a national accedes to the European Community where the student has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the first academic year of the course;

(d) the student acquires the right of permanent residence;

(e) the student becomes a person described in paragraph 6(1)(a) of Part 2 of Schedule 1; or

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

Designated postgraduate courses

75

(1) A postgraduate course is designated for the purposes of section 22(1) of the Act and regulation 74 if —

(a) it is a course entry for which a first degree (or equivalent qualification) or higher is normally required;

(b) it is a course —

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

(ii) in the case of a part-time course, it is ordinarily possible to complete the course in not more than twice the period ordinarily required to complete the full time equivalent ;

(c) it is wholly provided by a publicly-funded educational institution or institutions in the United Kingdom or is provided by such an institution or institutions in conjunction with an institution or institutions outside the United Kingdom; and

(d) it is not a course for the initial training of teachers or a course taken as part of an employment based teacher training scheme.

(2) 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 it has entered 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 publicly funded if either the university or the constituent college or institution is publicly funded; and

(c) an institution is not 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[^f00069].

(3) For the purposes of paragraph (1)(b)(ii)—

(a) “full-time equivalent” (“cwrs amser-llawn cyfatebol”) means a full-time course leading to the same qualification as the course in question;

(b) the “period ordinarily required to complete the full-time equivalent” “(“cyfnod sy'n ofynnol fel arfer i gwblhau'r cwrs amser-llawn cyfatebol”) means—

(i) where the course is provided by or on behalf of the Open University, the period that a standard full-time student would require to complete the full-time equivalent if he or she were awarded 120 credit points in each academic year ;

(ii) where the course is provided by or on behalf of any other institution , the period in which a standard full-time student would complete the full-time equivalent;

(i) to have begun the full-time equivalent on the same date as the eligible part-time student began the course in question;

(ii) not to have been excused any part of the full-time equivalent;

(iii) not to have repeated any part of the full-time equivalent; and

(iv) not to have been absent from the full-time equivalent other than during vacations.

(4) For the purposes of section 22 of the Act and regulation 74, the National Assembly may designate courses of higher education which are not designated under paragraph (1).

Period of eligibility

76

(1) An eligible postgraduate student retains his or her status as an eligible postgraduate student until the status is terminated in accordance with this regulation and regulations 4 and 6.

(2) The period for which an eligible postgraduate student retains the status is the “period of eligibility” (“cyfnod cymhwystra”).

(3) Subject to the following paragraphs, the period of eligibility terminates at the end of the period ordinarily required for completion of the designated postgraduate course.

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

(a) withdraws from his or her designated postgraduate course in circumstances where the National Assembly has not transferred or will not transfer his or her status as an eligible postgraduate student to another course under regulation 77; or

(b) abandons or is expelled from his or her designated postgraduate course.

(5) The National Assembly may terminate the period of eligibility where the eligible postgraduate student has shown himself or herself by his or her conduct to be unfitted to receive support.

(6) If the National Assembly is satisfied that an eligible postgraduate student has failed to comply with any requirement to provide information under this Part or has provided information which is inaccurate in a material particular, the National Assembly may take such of the following actions as it considers appropriate in the circumstances —

(a) terminate the period of eligibility;

(b) determine that the student no longer qualifies for a grant or any particular amount of grant;

(7) Where the period of eligibility terminates on or before the expiry of the period ordinarily required for the completion of the designated postgraduate course, the National Assembly may, at any time, renew the period of eligibility for such periods as it determines.

Transfer of status

77

(1) Where an eligible postgraduate student transfers to another postgraduate course, the National Assembly must transfer the student’s status as an eligible postgraduate student to that course where —

(a) it receives a request from the eligible postgraduate student to do so;

(b) it is satisfied that one or more of the grounds for transfer in paragraph (2) applies; and

(2) The grounds for transfer referred to in paragraph (1) are —

(a) on the recommendation of the academic authority the eligible postgraduate student starts to undertake another designated postgraduate course at the institution; or

(b) the eligible postgraduate student starts to undertake a designated postgraduate course at another institution with the consent of the academic authority of that institution.

(3) Subject to paragraph (4), an eligible postgraduate student who transfers under paragraph (1) shall, for the remainder of the academic year in which he or she transfers, continue to receive in connection with the course to which he or she transfers the support for which the National Assembly has determined he or she qualifies in respect of the course from which he or she transfers.

(4) The National Assembly may re-assess the support after the transfer in accordance with this Part.

(5) An eligible student who transfers under paragraph (1) after the National Assembly has determined his or her support in connection with the academic year of the course from which he or she is transferring but before he or she completes that year may not apply for another grant under this Part in connection with the academic year of the course to which he transfers.

Applications for support

78

(1) A person (the “applicant”) must apply for a grant under this Part in connection with each academic year of a designated postgraduate course by completing and submitting to the National Assembly an application in such form and accompanied by such documentation as the National Assembly may require.

(2) The application must reach the National Assembly as soon as is reasonably practicable.

(3) The National Assembly may take such steps and make such inquiries as it considers necessary to determine whether the applicant is an eligible postgraduate student, whether he or she qualifies for a grant and the amount of grant payable, if any.

(4) The National Assembly must notify the applicant—

(a) whether he or she qualifies for a grant ;

(b) if he or she does qualify, the amount payable in respect of the academic year, if any; and

Information

79

Schedule 3 applies to the provision of information.

Amount of grants

80

(1) Subject to paragraph (2), the grant under this Part is such amount as the National Assembly considers appropriate to assist with one or more types of eligible expenditure.

(2) The grant must not exceed £5,920 in respect of an academic year.

(3) For the purposes of this Part, the “types of eligible expenditure” are—

(a) expenditure on a non-medical helper;

(b) expenditure on major items of specialist equipment; and

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

(ii) within or outside the United Kingdom for the purpose of attending, as part of the course, any period of study at an overseas institution or for the purposes of attending the University of London Institute in Paris.

Payment of grants

81

(1) The National Assembly may pay a grant for which a student qualifies under this Part in such instalments (if any) and at such times as it considers appropriate and in the exercise of its functions under this paragraph it may make provisional payments pending the final calculation of the amount of grant for which the student qualifies.

(2) Payments may be made in such manner as the National Assembly considers appropriate and it may make it a condition of entitlement to payment that the eligible postgraduate student must provide it with particulars of a bank or building society account in the United Kingdom into which payments may be made by electronic transfer.

Overpayments

82

(1) An eligible postgraduate student must, if so required by the National Assembly, repay any amount paid to the student under this Part which for whatever reason exceeds the amount of grant to which he or she is entitled under this Part.

(2) Any overpayment of grant under this Part must be recovered in whichever one or more of the following ways the National Assembly considers appropriate in all the circumstances —

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

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

(3) A payment of grant under this Part made before the relevant date is an overpayment if the student withdraws from the course before the relevant date unless the National Assembly decides otherwise.

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

(5) In the circumstances in paragraphs (6) and (7), there is an overpayment of grant under this Part unless the National Assembly decides otherwise.

(6) The circumstances are—

(a) the National Assembly applies all or part of the grant under this Part to the purchase of specialist equipment on behalf of the eligible postgraduate student;

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

(7) The circumstances are—

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

(b) a payment of grant under this Part in respect of specialist equipment is made to the student after the student’s period of eligibility terminated.

(8) Where there is an overpayment of the grant under this Part, the National Assembly may accept the return of specialist equipment purchased with the grant by way of recovery of all or part of the overpayment if it considers it is appropriate to do so.

SCHEDULE 1 — Eligible Students

PART 1

Interpretation

1

(1) For the purposes of this Schedule —

“EEA” (“AEE”) means the European Economic Area which is the area comprised by the European Community, the Republic of Iceland, the Kingdom of Norway and the Principality of Liechtenstein;

“EEA frontier self-employed person” (“person hunan-gyflogedig ffin yr AEE”) means an EEA national who — is a self-employed person in Wales; and resides in Switzerland or the territory of an EEA State other than the United Kingdom and returns to his or her residence in Switzerland or that EEA State, as the case may be, daily or at least once a week;

“EEA frontier worker” (“gweithiwr ffin yr AEE”) means an EEA national who— is a worker in Wales; and resides in Switzerland or the territory of an EEA State other than the United Kingdom and returns to his or her residence in Switzerland or that EEA State, as the case may be, daily or at least once a week;

“EEA migrant worker” (“gweithiwr mudol o'r yr AEE”) means an EEA national who is a worker, other than an EEA frontier worker, in the United Kingdom;

“EEA national” (“gwladolyn AEE”) means a national of an EEA State other than the United Kingdom;

“EEA self-employed person” (“person hunan gyfiodedig o'rAEE”) means an EEA national who is a self-employed person, other than an EEA frontier self-employed person, in the United Kingdom;

“EEA State” (“gwladwriaeth AEE”) means a Member State of the European Economic Area;

“employed person” (“person cyflogedig”) means an employed person within the meaning of Annex 1 to the Swiss Agreement;

“family member” (“aelod o deulu”) means (unless otherwise indicated) — in relation to an EEA frontier worker, an EEA migrant worker, an EEA frontier self-employed person or an EEA self-employed person — his or her spouse or civil partner; his or her child or the child of his or her spouse or civil partner; or dependent direct relatives in his or her ascending line or that of his or her spouse or civil partner; in relation to a Swiss employed person, a Swiss frontier employed person, a Swiss frontier self-employed person or a Swiss self-employed person — his or her spouse or civil partner; or his or her child or the child of his or her spouse or civil partner; in relation to an EC national who falls within Article 7(1)(c) of Directive 2004/38 — his or her spouse or civil partner; or direct descendants of his or her or of his or her spouse or civil partner who are— under the age of 21; or dependants of his or her or of his or her spouse or civil partner; in relation to an EC national who falls within Article 7(1)(b ) of Directive 2004/38 — his or her spouse or civil partner; or direct descendants of his or her or of his or her spouse or civil partner who are— under the age of 21; or dependants of his or her or of his or her spouse or civil partner; dependent direct relatives in his or her ascending line or that of his or her spouse or civil partner; in relation to a United Kingdom national, for the purposes of paragraph 9 — his or her spouse or civil partner; or direct descendants of his or her or of his or her spouse or civil partner who are— under the age of 21; or dependants of his or her or of his or her spouse or civil partner; and

“self-employed person” (“person hunan-gyflogedig”) means— in relation to an EEA national, a person who is self-employed within the meaning of article 7 of Directive 2004/38 or the EEA Agreement, as the case may be; or in relation to a Swiss national, a person who is a self-employed person within the meaning of Annex 1 to the Swiss Agreement;

“settled” (“wedi setlo”) has the meaning given by section 33(2A) of the Immigration Act 1971[^f00071];

“Swiss Agreement” (“Cytundeb y Swistir”)means the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the Free Movement of Persons signed at Luxembourg on 21st June 1999[^f00072] and which came into force on 1st June 2002;

“Swiss employed person” (“person cyflogedig o'r Swistir”) means a Swiss national who is an employed person, other than a Swiss frontier employed person, in the United Kingdom;

“Swiss frontier employed person” (“person hunan -gyflogedig ffin y swistir”) means a Swiss national who— is an employed person in Wales; and resides in Switzerland or in the territory of an EEA State other than the United Kingdom and returns to his or her residence in Switzerland or that EEA State, as the case may be, daily or at least once a week;

“Swiss frontier self-employed person” (“person hunan-gyflogedig ffin y Swistir”) means a Swiss national who— is a self-employed person in Wales; and resides in Switzerland or in the territory of an EEA State, other than the United Kingdom, and returns to his or her residence in Switzerland or that EEA State, as the case may be, daily or at least once a week;

“Swiss self-employed person” (“person hunan-gyflogedig o'r Swistir”) means a Swiss national who is a self-employed person, other than a Swiss frontier self-employed person, in the United Kingdom;

“United Kingdom national” (gwladolyn o'r Deyrnas Unedig”) means a person who falls to be treated as a national of the United Kingdom for the purposes of the Community Treaties;

“worker” (“gweithiwr”) means a worker within the meaning of article 7 of Directive 2004/38 or the EEA Agreement, as the case may be;

(2) For the purposes of this Schedule, “parent” (rhiant”) includes a guardian, any other person having parental responsibility for a child and any person having care of a child and “child” (“plentyn”) is to be construed accordingly.

(3) For the purposes of this Schedule, a person is to be treated as ordinarily resident in Wales, the United Kingdom and Islands or in the territory comprising the E E A and Switzerland if he or she would have been so resident but for the fact that —

(a) he or she;

(b) his or her spouse or civil partner;

(d) in the case of a dependent direct relative in the ascending line, his or her child or child’s spouse or civil partner,

is or was temporarily employed outside Wales, the United Kingdom and Islands or, as the case may be, outside the territory comprising the EEA and Switzerland.

(4) For the purposes of sub-paragraph (4), temporary employment outside Wales, the United Kingdom and Islands or the territory comprising the EEA and Switzerland includes —

(a) in the case of members of the regular naval, military or air forces of the Crown, any period which they serve outside the United Kingdom as members of such forces; and

(b) in the case of members of the regular armed forces of an EEA State or Switzerland, any period which they serve outside the territory comprising the E E A and Switzerland as members of such forces.

(5) For the purposes of this Schedule an area which —

(a) was previously not part of the European Community or the EEA; but

(b) at any time before or after these Regulations come into force has become part of one or other or both of these areas,

is to be considered to have always been a part of the EEA;

PART 2 — Categories

Persons who are settled in the United Kingdom

2

(1) A person who on the first day of the first academic year of the course —

(a) is settled in the United Kingdom other than by reason of having acquired the right of permanent residence;

(b) is ordinarily resident in Wales;

(c) has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course; and

(d) subject to sub-paragraph (2), whose residence in the United Kingdom and Islands has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.

(2) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the United Kingdom and Islands in accordance with paragraph 1(4).

3

A person who —

(a) is settled in the United Kingdom by virtue of having acquired the right of permanent residence;

(b) is ordinarily resident in Wales on the first day of the first academic year of the course;

(c) has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course; and

(d) in a case where his or her residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the EEA and Switzerland immediately before the period of ordinary residence referred to in paragraph (c).

Refugees and their family members

4

A person who —

(a) is a refugee;

(b) is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since he or she was recognised as a refugee; and

(2) A person who—

(a) is the spouse or civil partner of a refugee;

(b) was the spouse or civil partner of the refugee on the date on which the refugee made his or her application for asylum;

(c) is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since he or she was given leave to remain in the United Kingdom; and

(d) is ordinarily resident in Wales on the first day of the first academic year of the course.

(3) A person who—

(a) is the child of a refugee or the child of the spouse or civil partner of a refugee;

(b) on the date on which the refugee made his or her application for asylum, was the child of the refugee or the child of a person who was the spouse or civil partner of the refugee on that date;

(d) is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since he or she was given leave to remain in the United Kingdom; and

(e) is ordinarily resident in Wales on the first day of the first academic year of the course.

Persons with leave to enter or remain and their family members

5

(1) A person—

(a) with leave to enter or remain—

(b) who is ordinarily resident in Wales on the first day of the first academic year of the course; and

(c) who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course.

(2) A person—

(a) who is the spouse or civil partner of a person with leave to enter or remain;

(b) who was the spouse or civil partner of the person with leave to enter or remain on the date on which that person made his or her application for asylum;

(d) who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course.

(3) A person—

(a) who is the child of a person with leave to enter or remain or the child of the spouse or civil partner of a person with leave to enter or remain;

(b) who, on the date on which the person with leave to enter or remain made his application for asylum, was the child of that person or the child of a person who was the spouse or civil partner of the person with leave to enter or remain on that date;

(c) who was under 18 on the date on which the person with leave to enter or remain made his or her application for asylum;

(d) who is ordinarily resident in Wales on the first day of the first academic year of the course; and

(e) who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course.

Workers, employed persons, self-employed persons and their family members

6

(1) A person who—

(a) is —

(i) an EEA migrant worker or an EEA self-employed person;

(ii) a Swiss employed person or a Swiss self-employed person;

(iii) a family member of a person mentioned in paragraph (i) or (ii);

(iv) an EEA frontier worker or an EEA frontier self-employed person;

(v) a Swiss frontier employed person or a Swiss frontier self-employed person; or

(vi) a family member of a person mentioned in paragraph (iv) or (v);

(b) subject to sub-paragraph (2), is ordinarily resident in Wales on the first day of the first academic year of the course; and

(c) has been ordinarily resident in the territory comprising the EEA and Switzerland throughout the three-year period preceding the first day of the first academic year of the course.

(2) Paragraph (b) of sub-paragraph (1) does not apply where the person applying for support falls within paragraph (a)(iv), (v) or (vi) of sub-paragraph (1).

7

A person who—

(a) is ordinarily resident in Wales on the first day of the first academic year of the course;

(b) has been ordinarily resident in the territory comprising the EEA and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and

(c) is entitled to support by virtue of Article 12 of Council Regulation (EEC) No. 1612/68 on the freedom of movement of workers[^f00073], as extended by the EEA Agreement[^f00074].

Persons who are settled in the United Kingdom and have exercised a right of residence elsewhere

8

(1) A person who—

(a) is settled in the United Kingdom;

(b) left the United Kingdom and exercised a right of residence after having been settled in the United Kingdom;

(d) has been ordinarily resident in the territory comprising the E E A and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and

(e) in a case where his or her ordinary residence referred to in paragraph (d) was wholly or mainly for the purposes of receiving full time education, was ordinarily resident in the territory comprising the E E A and Switzerland immediately before the period of ordinary residence referred to in paragraph (d) .

(2) For the purposes of this paragraph, a person has exercised a right of residence if he or she is a United Kingdom national, a family member of a United Kingdom National for the purposes of Article 7 of Directive 2004/38 (or corresponding purposes under the EEA Agreement or Swiss Agreement) or a person who has a right of permanent residence who in each case has exercised a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA Agreement or Swiss Agreement in a state other than the United Kingdom or, in the case of a person who is settled in the United Kingdom and has a right of permanent residence, if he or she goes to the state within the territory comprising the E E A and Switzerland of which he or she is a national or of which the person in relation to whom he or she is a family member is a national .

EC nationals

9

(1) A person who —

(a) is either —

(i) an EC national on the first day of the first academic year of the course; or

(ii) a family member of a such a person;

(b) is —

(i) attending a designated course in Wales; or

(ii) undertaking a designated part-time course or designated postgraduate course in Wales;

(c) has been ordinarily resident in the territory comprising the EEA and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and

(d) subject to sub-paragraph (2), whose ordinary residence in the territory comprising the EEA and Switzerland has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.

(2) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the EEA and Switzerland in accordance with paragraph 1(4).

(3) Where a state accedes to the European Community after the first day of the first academic year of the course and a person is a national of that state or the family member of a national of that state, the requirement in paragraph (a) of sub-paragraph (1) to be an EC national on the first day of the first academic year of the course is treated as being satisfied.

10

(1) A person who—

(a) is an EC national other than a United Kingdom national on the first day of the first academic year of the course;

(b) is ordinarily resident in Wales on the first day of the first academic year of the course;

(c) has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the first academic year of the course; and

(d) in a case where his or her ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the E E A and Switzerland immediately before the period of ordinary residence referred to in paragraph (c).

(2) Where a state accedes to the European Community after the first day of the first academic year of the course and a person is a national of that state, the requirement in paragraph (a) of sub-paragraph (1) to be an EC national other than a United Kingdom national on the first day of the first academic year of the course is treated as being satisfied.

Children of Swiss nationals

11

A person who—

(a) is the child of a Swiss national who is entitled to support in the United Kingdom by virtue of article 3(6) of Annex 1 to the Swiss Agreement;

(b) is ordinarily resident in Wales on the first day of the first academic year of the course;

(c) has been ordinarily resident in the territory comprising the EEA and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and

(d) in a case where his or her ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the E E A and Switzerland immediately prior to the period of ordinary residence referred to in paragraph (c).

SCHEDULE 2 — DESIGNATED COURSES

1

A first degree course.

2

A course for the Diploma of Higher Education.

3

A course for the Higher National Diploma or Higher National Certificate of —

(a) the Business & Technician Education Council; or

(b) the Scottish Qualification Authority.

4

A course for the certificate of Higher Education

5

A course for the initial training of teachers.

6

A course for the further training of youth and community workers.

7

A course in preparation for a professional examination of a standard higher than that of —

(a) examination at advanced level for the General Certificate of Education or the examination at higher level for the Scottish Certificate of Education; or

(b) the examination for the National Certificate or the National Diploma of either of the bodies mentioned in paragraph 3,

not being a course for entry to which a first degree (or equivalent qualification) is normally required.

8

A course providing education (whether or not in preparation for an examination) the standard of which is —

(a) higher than that of courses providing education in preparation for any of the examinations mentioned in paragraph 7(a) or (b) above; but

(b) not higher than that of a first degree course,

and for entry to which a first degree (or equivalent qualification) is not normally required.

SCHEDULE 3 — INFORMATION

1

Every applicant, eligible student, eligible part-time student and eligible postgraduate student must, as soon as reasonably practicable after he or she is requested to do so, provide the National Assembly with such information as the National Assembly considers it requires for the purposes of these Regulations.

2

Every applicant, eligible student, eligible part-time student and eligible postgraduate student must forthwith inform the National Assembly and provide it with particulars if any of the following occurs —

(a) he or she withdraws from, abandons or is expelled from his or her course;

(b) he or she transfers to any other course at the same or at a different institution;

(c) he or she ceases to undertake his or her course and does not intend to or is not permitted to continue it for the remainder of the academic year;

(d) he or she is absent from his or her course for more than 60 days due to illness or for any period for any other reason;

(e) the month for the start or completion of the course changes;

(f) his or her home or term-time address or telephone number changes.

3

Information provided to the National Assembly under these Regulations must be in the format that the National Assembly requires and, if it requires the information to be signed by the person providing it, an electronic signature in such form as the National Assembly may specify satisfies such a requirement.

SCHEDULE 4 — COLLEGE FEE LOANS

Availability of college fee loans

1

A person qualifies for a college fee loan in connection with his or her attendance on a qualifying course in accordance with this Schedule.

2

A person qualifies for a college fee loan if he or she meets the following conditions—

(a) he or she is an eligible student who is not excluded from qualifying by paragraph 3;

(b) he or she has an honours degree from an institution in the United Kingdom;

(i) starts on or after 1 September 2006 and on which he or she is continuing after 31 August 2007; or

(ii) starts on or after 1 September 2007;

(d) he or she is a member of a college or a permanent private hall of the University of Oxford or a member of a college of the University of Cambridge;

(e) he or she is under the age of 60 on the first day of the first academic year of the qualifying course; and

(f) none of the circumstances in regulation 4(3) apply to him or her.

3

An eligible student who falls within paragraph 9 of Part 2 of Schedule 1 does not qualify for a college fee loan under these Regulations if he or she is ordinarily resident in England, Scotland or Northern Ireland.

4

Where one of the events listed in paragraph 5 occurs in the course of an academic year—

(a) a student may qualify for a college fee loan in accordance with this Schedule in respect of that academic year provided that the relevant event occurred within the first three months of the academic year; and

(b) a college fee loan is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.

5

The events are—

(a) the student, his or her spouse, his or her civil partner or his or her parent is recognised as a refugee or becomes a person with leave to enter or remain;

(b) a state accedes to the European Community where the student is a national of that state or is the family member (as defined in Part 1 of Schedule 1) of a national of that state;

(d) the student acquires a right of permanent residence;

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

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

6

A college fee loan is available in respect of each standard academic year of the qualifying course and in respect of one academic year of the qualifying course that is not a standard academic year.

7

Where a qualifying student is allowed to study the content of one standard academic year of the qualifying course over two or more academic years, for the purpose of determining whether the student qualifies for a college fee loan for those years, the first of such years of study is to be treated as a standard academic year and the following years of that kind are to be treated as academic years that are not standard academic years.

8

In this Schedule “standard academic year” (“blwyddyn academaidd safonol”) means an academic year of the qualifying course that would be taken by a person who does not repeat any part of the course and who enters the course at the same point as the qualifying student.

Amount of the college fee loan

9

(1) The amount of the college fee loan in respect of an academic year of a qualifying course must not exceed the amount equal to the college fees payable by the student to his or her college or permanent private hall in connection with that year.

(2) Where a qualifying student has applied for a college fee loan of less than the maximum amount available in relation to the academic year, he or she may apply to borrow an additional amount which, when added to the amount already applied for, does not exceed the maximum amount available.

Transfers

10

Despite regulation 8, where a qualifying student transfers from one qualifying course to another qualifying course—

(a) the National Assembly must transfer the student’s status as a qualifying student to the other course on the request of the student unless the period of eligibility has terminated;

(b) if the student transfers before the end of the academic year after applying for a college fee loan, the amount applied for is paid to the relevant college or permanent private hall in respect of the qualifying course to which the student transfers provided that the conditions in paragraph 11 are met and he or she cannot qualify for another college fee loan in respect of that academic year;

(c) if the student transfers after the college fee loan is paid and before the end of the academic year, he or she cannot apply for another college fee loan in connection with the academic year of the qualifying course to which he or she transfers.

Payment

11

(1) The National Assembly must pay the college fee loan for which a qualifying student qualifies to the college or permanent private hall to which the student is liable to make payment.

(2) The National Assembly must pay the college fee loan in a single lump sum.

(3) The National Assembly must not pay the college fee loan before—

(a) it has received a valid request for payment from the college or permanent private hall; and

(b) a period of three months beginning with the first day of the academic year has expired.

(4) A college or permanent private hall is required to send confirmation of attendance to the National Assembly in such form as the Assembly may require and the National Assembly must not pay the college fee loan in respect of the academic year until it has received an attendance confirmation from the relevant college or private hall unless it determines that owing to exceptional circumstances, it would be appropriate to make a payment without receiving an attendance confirmation. In this paragraph “attendance confirmation” has the same meaning as in regulation 53(20).

(5) The National Assembly must not make a payment of college fee loan in respect of a qualifying course if—

(a) before the expiry of a period of three months beginning with the first day of the academic year the qualifying student ceases to attend the course; and

(b) the college or permanent private hall has determined or agreed that the student will not commence attending again during the academic year in respect of which the college fees are payable or at all.

Overpayment

12

Any overpayment of college fee loan is recoverable by the National Assembly from the college or permanent private hall.

SCHEDULE 5 — FINANCIAL ASSESSMENT

Definitions

1

In this Schedule: —

(a) “existing student” (“myfyriwr presennol”) means an eligible student who is not a new eligible student;

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

(d) “independent eligible student” (“myfyriwr annibynnol cymwys”) has the meaning given in paragraph 2;

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

(f) “new eligible student” (“myfyriwr cymwys newydd”) means an eligible student who begins a designated course on or after 1 September 2004;

(g) “parent” (“rhiant”) means a natural or adoptive parent and “child” (“plentyn”), “mother” (“mam”) and “father” (“tad”) is construed accordingly;

(h) “parent student” (“myfyriwr sy'n rhiant”) means an eligible student who is the parent of an eligible student;

(i) “partner” (“partner”) in relation to an eligible student 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 he or she were his or her spouse where an eligible student falls within paragraph 2(1)(a) and he or she begins the designated course on or after 1 September 2000;

(iv) a person ordinarily living with an eligible student as if he or she were his or her civil partner where an eligible student falls within paragraph 2(1)(a) and he or she begins the designated course on or after 1 September 2005;

(j) “partner” (“partner”) in relation to the parent of an eligible student means any of the following other than another parent of the eligible student —

(i) the spouse of an eligible student’s parent;

(ii) the civil partner of an eligible student’s parent;

(iii) a person ordinarily living with the parent of an eligible student as if he or she were his or her spouse;

(iv) a person ordinarily living with the parent of an eligible student as if he or she were the parent’s civil partner;

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

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

(m) “residual income” (“incwm gweddilliol”) means taxable income after the application of paragraph 4 (in the case of an eligible student), paragraph 5 (in the case of an eligible student’s parent), paragraph 6 (in the case of an eligible student’s partner) or paragraph 7 (in the case of the partner of a new eligible student’s parent); and

(n) “taxable income” (“incwm trethadwy”) means, in relation to paragraph 4, in respect of the academic year for which an application has been made under regulation 9 and, in relation to paragraph 5, in respect (subject to sub-paragraphs (3), (4) and (5) of paragraph 5) of the preceding financial year, a person’s taxable income from all sources computed as for the purposes of —

(i) the Income Tax Acts;

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

(iii) where the legislation of more than one Member State applies to the period, the legislation under which the National Assembly considers the person will pay the largest amount of tax in that period (except as otherwise provided in paragraph 5).

Independent eligible student

2

(1) An independent eligible student is an eligible student in every case where —

(a) he or she is aged 25 or over on the first day of the relevant year;

(b) he or she has been married or is in a civil partnership before the beginning of the relevant year, whether or not the marriage or civil partnership is still subsisting;

(d) the National Assembly is satisfied that neither of his or her parents can be found or that it is not reasonably practicable to get in touch with either of them;

(e) he or she has communicated with neither of his or her parents for the period of one year before the beginning of the relevant year or, in the opinion of the National Assembly, he or she can demonstrate on other grounds that he or she is irreconcilably estranged from his or her parents;

(f) he or she was looked after by a local authority within the meaning of section 22 of the Children Act 1989[^f00075]throughout any three-month period ending on or after the date on which he or she attained the age of 16 and before the first day of the first academic year of the course (“the relevant period”) provided that he or she has not in fact at any time during the relevant period been under the charge or control of his or her parents;

(g) his or her parents are residing outside the European Community and the National Assembly is satisfied that either —

(i) the assessment of the household income by reference to their residual income would place those parents in jeopardy; or

(ii) it would not be reasonably practicable for those parents as a result of the calculation of any contribution under paragraph 8 or 9 to send any relevant funds to the United Kingdom;

(h) paragraph 5(9) applies and the parent whom the National Assembly considered the more appropriate for the purposes of that paragraph has died (irrespective of whether the parent in question had a partner);

(i) he or she is a member of a religious order who resides in a house of that order;

(j) he or she has the care of a person under the age of 18 as at the first day of the relevant year; or

(k) he or she has supported himself or herself out of his or her earnings for any period or periods ending before the first academic year of the course which periods together aggregate not less than three years, and for the purposes of this sub-paragraph he or she is treated as supporting himself or herself out of his or her earnings during any period in which —

(i) he or she was participating in arrangements for training for the unemployed under any scheme operated by, sponsored or funded by any state authority or agency, whether national, regional or local (“a relevant authority”);

(ii) he or she was in receipt of benefit payable by any relevant authority in respect of a person who is available for employment but who is unemployed;

(iii) he or she was available for employment and had complied with any requirement of registration imposed by a relevant authority as a condition of entitlement for participation in arrangements for training or receipt of benefit;

(iv) he or she held a State Studentship or comparable award;

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

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

Household income

3

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

(2) The household income is —

(a) in the case of an eligible student who is not an independent eligible student, the residual income of the eligible student aggregated with the residual income of the eligible student’s parents (subject to paragraph 5(9)) and —

(i) in the case of a new eligible student who began his or her specified designated course before 1 September 2005, the residual income of the partner (other than a partner within the meaning of paragraph 1(j)(iv)) of the student’s parent (provided that the National Assembly has selected that parent under paragraph 5(9)); or

(ii) in the case of a new eligible student who began his or her course on or after 1 September 2005, the residual income of the partner of the student’s parent (provided that the National Assembly has selected that parent under paragraph 5(9));

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

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

(3) In determining the household income under sub-paragraph (2), the sum of £1,075 is deducted —

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

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

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

Calculation of eligible student’s residual income

4

(1) For the purpose of determining the residual income of an eligible student, there is deducted from his or her taxable income (unless already deducted in determining taxable income) the aggregate of any amounts falling within any of the following sub-paragraphs —

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

(b) the gross amount of any premium or other sum paid by the eligible student in relation to a pension (not being a pension payable under a policy of life insurance) in respect of which relief is given under section 273, 619 or 639 of the Income and Corporation Taxes Act 1988[^f00076]or under section 188 of the Finance Act 2004[^f00077], or where the eligible student’s income is computed for the purposes of the income tax legislation of another Member State, the gross amount of any such premium or sum in respect of which relief would be given if that legislation made provision equivalent to the Income Tax Acts.

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

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

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

(b) otherwise, the value of the sterling which the income would purchase using the rate for the month in which it is received published by the Office for National Statistics[^f00078].

Calculation of parent’s residual income

5

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

(a) by way of personal reliefs provided for in Chapter 1 of Part VII of the Income and Corporation Taxes Act 1988 or under section 188 of the Finance Act 2004, or, where the income is computed for the purposes of the income tax legislation of another Member State, any comparable personal reliefs;

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

must not be made or permitted.

(2) For the purposes of determining the residual income of an eligible student’s parent, there is to be deducted from the taxable income determined under sub-paragraph (1) the aggregate of any amounts falling within any of the following sub-paragraphs —

(a) the gross amount of any premium or sum relating to a pension (not being a premium payable under a policy of life assurance) in respect of which relief is given under section 273, 619 or 639 of the Income and Corporation Taxes Act 1988, or where the income is computed for the purposes of the income tax legislation of another Member State, the gross amount of any such premium in respect of which relief would be given if that legislation made provision equivalent to the Income Tax Acts;

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

(3) Where the National Assembly is satisfied that the income of the parent in the financial year beginning immediately before the relevant year (“the current financial year”) is, as a result of some event beyond his or her control, likely to be not more than 85 per cent. of the sterling value of his or her income in the preceding financial year it may, for the purpose of enabling the eligible student to attend the course without hardship, ascertain the household income for the current financial year.

(4) Where the National Assembly is satisfied that the income of the parent in any financial year is, as a result of some event beyond his or her control, likely to be and to continue after that year to be not more than 85 per cent. of the sterling value of his or her income in the previous financial year it may, for the purpose of enabling the eligible student to attend the course without hardship, ascertain the household income for the academic year of the eligible student’s course in which that event occurred by taking as the residual income of the parent the average of his or her residual income for each of the financial years in which that academic year falls.

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

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

(a) he or she is not resident, ordinarily resident or domiciled in the United Kingdom, or where his or her income is computed as for the purposes of the income tax legislation of another Member State, not so resident, ordinarily resident or domiciled in that Member State;

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

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

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

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

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

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

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

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

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

(9) Where the National Assembly determines that the parents do not ordinarily live together throughout the relevant year, the household income is determined by reference to the income of whichever parent the National Assembly considers the more appropriate under the circumstances.

(10) Where the National Assembly determines that the parents do not ordinarily live together for part only of the relevant year, the household income is determined by reference to the aggregate of —

(a) the appropriate proportion of the household income determined in accordance with sub-paragraph (9), being the proportion in respect of that part of the relevant year for which the parents do not so live together; and

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

Calculation of eligible student’s partner’s residual income

6

(1) Subject to sub-paragraphs (2), (3) and (4) of this paragraph and with the exception of sub-paragraphs (8), (9) and (10) of paragraph 5, an eligible student’s partner’s income is determined in accordance with paragraph 5, references to the parent being construed as references to the eligible student’s partner.

(2) Where the National Assembly determines that the eligible student and his or her partner do not ordinarily live together throughout the relevant year, the partner’s income is not taken into account in determining the household income.

(3) Where the National Assembly determines that the eligible student and his or her partner do not ordinarily live together for part only of the relevant year, the partner’s income is determined by reference to his or her income under sub-paragraph (1) divided by fifty-two and multiplied by the number of complete weeks in the relevant year for which the National Assembly determines that the eligible student and his or her partner ordinarily live together.

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

Calculation of parent’s partner’s residual income

7

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

Calculation of contribution — old system eligible students

8

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

(a) in any case where the household income is £23,100 or more, £45 with the addition of £1 for every complete £9.50 by which the household income exceeds £23,100; and

(b) in any case where the household income is less than £23,100, nil.

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

(a) in any case where the household income is £10,755 or more, £45 with the addition of £1 for every complete £9.50 by which the household income exceeds £10,755; and

(b) in any case where the household income is less than £10,755, nil.

(3) The amount of the contribution payable under sub-paragraph (1) or (2) must in no case exceed £7,610.

(4) The contribution may be adjusted in accordance with paragraph 10 or 11.

(5) Where sub-paragraph (6) applies, the aggregate contributions must not exceed £7,610.

(6) This sub-paragraph applies where—

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