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The Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2008

Type Welsh-Statutory-Instrument

Publication 2008-05-07

State In force

Jurisdiction Wales

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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Made: 7 May 2008

Laid before the National Assembly for Wales: 9 May 2008

Coming into force: 30 May 2008

The Welsh Ministers, in exercise of the powers conferred upon the Secretary of State by sections 22, 42(6) and 43(1) of the Teaching and Higher Education Act 1998[^f00001], and now exercisable by them[^f00002] make the following Regulations:

PART 1 — GENERAL

Title, commencement and application

1

(1) The title of these Regulations is the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2008.

(2) These Regulations come into force on 30 May 2008 and apply in relation to Wales.

Interpretation

2

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

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

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

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

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

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

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

“the 2003 Regulations” (“Rheoliadau 2003”) means the Education (Student Support) (No. 2) Regulations 2002[^f00009] as amended by the Education (Student Support) (No. 2) Regulations 2002 (Amendment) Regulations 2003[^f00010] and the Education (Student Fees and Support) (Switzerland) Regulations 2003[^f00011];

“the 2004 Regulations” (“Rheoliadau 2004”) means the 2003 Regulations as amended by the Education (Student Support) (No. 2) Regulations 2002 (Amendment) Regulations 2004[^f00012], the Education (Student Support) (No. 2) Regulations 2002 (Amendment) (No. 2) Regulations 2004[^f00013], the Education (Student Support) (No. 2) Regulations 2002 (Amendment) (No. 3) Regulations 2004[^f00014], the Education (Student Support) (No. 2) Regulations 2002 (Amendment) (No. 4) Regulations 2004[^f00015], the Education (Student Support) (No. 2) Regulations 2002 (Amendment) Regulations 2005[^f00016],the Education (Student Support) (Amendment) Regulations 2005[^f00017] and the Education (Student Support) (Amendment) (No.2) Regulations 2005[^f00018]);

“the 2005 Regulations” (“Rheoliadau 2005”) means the Education (Student Support) Regulations 2005[^f00019]);

“the 2006 Regulations” (“Rheoliadau 2006”) means the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2006[^f00020]) as amended by the Assembly Learning Grants and Loans (Higher Education) (Wales) (Amendment) Regulations 2006[^f00021]);

“the 2007 Regulations” (“Rheoliadau 2007”) means the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2007[^f00022] as amended by the Assembly Learning Grants and Loans (Higher Education) (Wales) (Amendment) Regulations 2007[^f00023], the Assembly Learning Grants and Loans (Higher Education) (Wales)(Amendment) (No.2) Regulations 2007[^f00024] and the Assembly Learning Grants and Loans (Higher Education)(Wales)(Amendment)(No.3) Regulations 2007[^f00025];

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

“academic year” (“blwyddyn academaidd”) means the period of twelve months beginning on 1 January, 1 April, 1 July or 1 September of the calendar year in which the academic year of the course in question begins according to whether that academic year begins on or after 1 January and before 1 April, on or after 1 April and before 1 July, on or after 1 July and before 1 August or on or after 1 August and on or before 31 December, respectively;

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

“the Act” (“Y Ddeddf”) means the Teaching and Higher Education Act 1998;

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

“bursary year” (“blwyddyn bwrsari”) means an academic year of a course— in relation to which the student is eligible to receive any payment under a healthcare bursary the amount of which is calculated by reference to his or her income; or in relation to which the student is eligible to receive a Scottish healthcare allowance the amount of which is calculated by reference to his or her income;

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

“compressed degree course” (“cwrs gradd cywasgedig”) means a course determined in accordance with paragraph (2) to be a compressed degree course;

“compressed degree student” (“myfyriwr cwrs gradd cywasgedig”) means an eligible student who— is undertaking a compressed degree course in the United Kingdom ( the “course”); either— began the course on or after 1 September 2006 and is continuing on that course after 31 August 2008; or begins the course on or after 1 September 2008; and either— is required to be in attendance on the course for part of the academic year for which he or she is applying for support; or is a disabled student who is not required to be in attendance on the course because he or she is unable to attend because of a reason which relates to his or her disability;

“contribution” (“cyfraniad”) means an eligible student’s contribution calculated pursuant to regulation 53 and Schedule 5;

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

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

“designated distance learning course” (“cwrs dysgu o bell dynodedig”) means a course designated by the Welsh Ministers under regulation 64;

“designated part-time course” (“cwrs rhan amser dynodedig”) means a course designated by regulation 80 or by the Welsh Ministers under regulation 80;

“designated postgraduate course” (“cwrs ôl-raddedig dynodedig”) means a course designated by regulation 93 or by the Welsh Ministers under regulation 93;

“Directive 2004/38” (“Cyfarwyddeb 2004/38”) means Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004[^f00026] on the rights of citizens of the Union and their family members to move and reside freely in the territory of the Member States;

“EC national” (“gwladolyn y GE”) means a national of a Member State of the European Community;

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

“eligible distance learning student” (“myfyriwr dysgu o bell cymwys”) has the meaning given in regulation 62;

“eligible part-time student” (“myfyriwr rhan-amser cymwys”) has the meaning given in regulation 79;

“eligible postgraduate student” (“myfyriwr ôl-raddedig cymwys”) has the meaning given in regulation 92;

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

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

“end-on course” (“cwrs pen-ben”) means— a full-time first degree course (other than a first degree course for the initial training of teachers) which, disregarding any intervening vacation, a student begins to attend immediately after ceasing to attend a full-time course mentioned in paragraph 2 or 3 of Schedule 2 for which the student received or was entitled to receive a transitional award, a loan under the 1998 Regulations or support under the 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006 or 2007 Regulations; a full-time honours degree course beginning on or after 1 September 2006 which, disregarding any intervening vacation, a student starts to attend immediately after ceasing to attend a full-time foundation degree course for which the student received or was entitled to receive a transitional award, a loan under the 1998 Regulations or support under the 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006 or 2007 Regulations; a course for the initial training of teachers beginning before 1 September 2006 the duration of which does not exceed two years (the duration of a part-time course being expressed as its full-time equivalent) which, disregarding any intervening vacation, a student begins to attend immediately after ceasing to attend a first degree course for which the student received or was entitled to receive a transitional award, a loan under the 1998 Regulations or support under the 1999, 2000, 2001, 2002, 2003, 2004 or 2005 Regulations;

“Erasmus year” (“blwyddyn Erasmus”) means an academic year of a course during which a student is participating in the action scheme of the European Community for the mobility of university students known as ERASMUS[^f00028] and where the student’s course is a course referred to in regulation 5 (1)(e) and all the periods of study during the academic year are at an institution outside the United Kingdom;

“European Community” (“Y Gymuned Ewropeaidd”) means the territory comprised by the Member States of the European Community as constituted from time to time;

“fees” (“ffioedd”) has the meaning given in section 28(1) of the Act except in references to college fees;

“fee support” (“cymorth ffioedd”) means grants in relation to fees pursuant to regulations made by the Welsh Ministers under section 22 of the Act and includes grants in relation to fees under Part 4;

“flexible postgraduate ITT course” (“cwrs HCA hyblyg i ôl-raddedigion”) means a postgraduate course of initial teacher training, the length and pattern of which is determined by reference to the eligible student’s experience and training requirements and which has been approved by the Training and Development Agency for Schools [^f00029] or the Higher Education Funding Council for Wales[^f00030];

“former Metropolitan Police District” (“cyn Ardal yr Heddlu Metropolitanaidd”) means — Greater London, excluding the city of London, the Inner Temple and the Middle Temple; in the county of Essex, in the district of Epping Forest — the area of the former urban district of Chigwell, the parish of Waltham Abbey; in the county of Hertfordshire — in the borough of Broxbourne, the area of the former urban district of Cheshunt, the district of Hertsmere, in the district of Welwyn Hatfield, the parish of Northaw; and in the county of Surrey — in the borough of Elmbridge, the area of the former urban district of Esher, the boroughs of Epsom and Ewell and Spelthorne, in the district of Reigate and Banstead, the area of the former urban district of Banstead;

“gap year student” (“myfyriwr sy'n cymryd blwyddyn i ffwrdd”) has the meaning given in paragraph (3)

“grant for disabled distance learning students' living costs” (“grant myfyrwyr dysgu o bell anabl”) means the grant payable under regulation 69;

“grant for disabled part-time students' living costs” (“grant at gostau byw myfyrwyr rhan-amser anabl”) means the grant payable under regulation 83;

“grant for disabled students' living costs” (“grant at gostau byw myfyrwyr anabl”) means the grant payable under regulation 24;

“grant for living costs” (“grant at gostau byw”) (without more) means a grant under any of the provisions of Part 5 of these Regulations;

“healthcare bursary” (“bwrsari gofal iechyd”) means a bursary or award of similar description under section 63 of the Health Services and Public Health Act 1968[^f00031] or Article 44 of the Health and Personal Social Services (Northern Ireland) Order 1972[^f00032];

“higher education course” (“cwrs addysg uwch”) means a course referred to in Schedule 2 or a postgraduate or other course the standard of which is higher than the standard of a first degree course;

“household income” (“incwm yr aelwyd, incwm aelwyd ac incwm sydd gan yr aelwyd”) has the meaning given in Schedule 5;

“information” (“gwybodaeth”) includes documents;

“Institute” (“yr Athrofa”) means the University of London Institute in Paris[^f00033];

“intensive course” (“cwrs dwys”) means an accelerated course or a compressed degree course;

“Islands” (“Ynysoedd”) means the Channel Islands and the Isle of Man;

“loan”(“benthyciad”), except where otherwise indicated, means a loan pursuant to any regulations made by the Welsh Ministers under section 22 of the Act, including the interest accrued on the loan and any penalties or charges incurred in connection with it;

“loan for living costs” (“benthyciad at gostau byw”) means a loan for living costs pursuant to regulations made by the Welsh Ministers under section 22 of the Act;

“maintained school” (“ysgol a gynhelir”) means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school;

“new fee grant” (“grant newydd at ffioedd”) means a grant made by the Welsh Ministers under regulation 18;

“new system eligible student” (“myfyriwr cymwys o dan y drefn newydd”) means an eligible student who — is not an old system eligible student; and either— started the present course on or after 1 September 2006 and is continuing on that course after 31 August 2008; or starts the present course on or after 1 September 2008;

“old award” (“hen ddyfarniad”) is an award within the meaning of the Education (Mandatory Awards) Regulations 2003[^f00034];

“old flexible postgraduate course for the initial training of teachers” (“hen gwrs ôl-radd hyblyg ar gyfer hyfforddiant cychwynnol i athrawon”) means a flexible postgraduate course for the initial training of teachers, which a student started to attend, before 1 September 2008;

“old system eligible student” (“myfyrwyr cymwys o dan yr hen drefn”) means an eligible student who — started the present course before 1 September 2006 and who is continuing on that course after 31 August 2008: is a gap-year student in relation to the present course: started the present course on or after 1 September 2006 where that course is an end-on course (other than one of the kind referred to in paragraph (c) of the definition of “end-on course” in this regulation) following on from a course that— he or she started before 1 September 2006; or, he or she started before 1 September 2007 and in relation to which he or she was a gap-year student; or, started the present course on or after 1 September 2006 having had his or her status as an eligible student transferred to that course as a result of one or more transfers of that status by the Welsh Ministers pursuant to regulations made under section 22 of the Act from a designated course which he or she began— before 1 September 2006; or, before 1 September 2007 and in relation to which he or she was a gap year student;

“ordinary duration” (“hyd arferol”) means, in relation to a designated course, the number of academic years that a standard student would take to complete the designated course excluding any academic years of the course that are bursary years or Erasmus years;

“periods of work experience” (“cyfnodau o brofiad gwaith”) means — periods of industrial, professional or commercial experience associated with full-time study at an institution but at a place outside that institution; periods during which a student is employed and residing in a country whose language is one that he or she is studying for his or her course (provided that the period of residence in that country is a requirement of his or her course and the study of one or more modern languages accounts for not less than one half of the total time spent studying on the course);

“person with leave to enter or remain”(“person sydd a chaniatâd i ddod mewn neu i aros”) means a person — who has been informed by a person acting under the authority of the Secretary of State for the Home Department that, although he or she is considered not to qualify for recognition as a refugee, it is thought right to allow him or her to enter or remain in the United Kingdom; who has been granted leave to enter or to remain accordingly; whose period of leave to enter or remain has not expired or has been renewed and the period for which it was renewed has not expired or in respect of whose leave to enter or remain an appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002[^f00035]; and who has been ordinarily resident in the United Kingdom and Islands throughout the period since he or she was granted leave to enter or remain;

“preliminary course” (“cwrs rhagarweiniol”) means a course mentioned in paragraph 2 or 3 of Schedule 2 that is taken before a full-time degree course (other than a first degree course for the initial training of teachers) or a foundation degree course that is taken before a full-time honours degree course, as the case may be;

“present course” (“cwrs presennol”) means the designated course in respect of which a person is applying for support;

“present distance learning course” (“cwrs dysgu o bell presennol”) means the designated distance learning course in respect of which a person is applying for support;

“present part-time course” (“cwrs rhan-amser presennol”) means the designated part-time course in respect of which a person is applying for support;

“present postgraduate course” (“cwrs ôl-radd presennol”) means the designated postgraduate course in respect of which a person is applying for support ;

“private institution” (“sefydliad preifat”) means an institution which is not publicly funded;

“public funds” (“cronfeydd cyhoeddus”) means moneys provided by Parliament including funds provided by the Welsh Ministers;

“publicly-funded” (“a ariennir yn gyhoeddus”) means maintained or assisted by recurrent grants out of public funds, and related expressions are to be interpreted accordingly;

“qualified teacher” (“athro neu athrawes cymwysedig”) has the meaning given in section 132(1) of the Education Act 2002[^f00036];

“qualifying course” (“cwrs cymhwysol”) means a full-time designated course which is provided by the University of Oxford or the University of Cambridge and— is listed in regulation 5(7); leads to qualification as a social worker; or any academic year which is a bursary year;

“qualifying student” (“myfyriwr cymhwysol”) means a person who satisfies the criteria in paragraph 2 of Schedule 4;

“qualifying year of study” (“blwyddyn astudio gymhwysol”) means an academic year of a designated course— in respect of which the student qualified for fee support (even if the amount was nil); that was a bursary year; or in respect of which the student would have qualified for fee support (even if the amount would have been nil) if he or she had been an eligible student or the present course had been designated at the beginning of that year;

“quarter” (“chwarter”) in relation to an academic year means a period in that year — beginning on 1 January and ending on 31 March; beginning on 1 April and ending on 30 June; beginning on 1 July and ending on 31 August; or beginning on 1 September and ending on 31 December;

“refugee” (“ffoadur”) means a person who is recognised by Her Majesty’s government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28 July 1951[^f00037] as extended by the Protocol thereto which entered into force on 4 October 1967[^f00038];

“Research Council” (“Cyngor Ymchwil”) means any of the following research councils — Arts and Humanities Research Council, Biotechnology and Biological Sciences Research Council, Economic and Social Research Council, Engineering and Physical Sciences Research Council, Medical Research Council, Natural Environment Research Council, Particle Physics and Astronomy Research Council;

“right of permanent residence” (“hawl i breswylio'n barhaol”)means a right arising under Directive 2004/38 to reside in the United Kingdom permanently without restriction;

“sandwich course” (“cwrs rhyngosod”) has the meaning given in paragraph (7);

“Scottish healthcare allowance” (“lwfans gofal iechyd yr Alban”) means any allowance under sections 73(f) and 74(1) of the Education (Scotland) Act 1980[^f00039] granted in respect of a person attending a course leading to a qualification in a healthcare profession other than as a medical doctor or dentist;

“specified designated course” (“y cwrs dynodedig a bennir”) has the meaning given in paragraph (8);

“standard academic year” (“blwyddyn academaidd safonol”), unless otherwise indicated, means an academic year of a designated course (other than an academic year that is a bursary year or an Erasmus year) that would be taken (in whole or in part) by a person who does not repeat any part of the course after 1 September 2006 and who enters the course at the same point as the eligible student;

“standard student” (“myfyriwr safonol”) is a student who is to be taken— to have begun the designated course on the same date as the eligible student in question; not to be excused any part of the course; not to repeat any part of the course; and not to be absent from the course other than during vacations;

“statutory award” (“dyfarniad statudol”) means any award bestowed, grant paid or other support provided by virtue of the Act or the 1962 Act, or any comparable award, grant or other support in respect of undertaking a course which is paid out of public funds;

“student loans legislation” (“ddeddfwriaeth ar fenthyciadau i fyfyrwyr”) means the Education (Student Loans) Act 1990[^f00040], the Education (Student Loans) (Northern Ireland) Order 1990[^f00041], the Education (Scotland) Act 1980 and regulations made under those Acts or that Order, the Education (Student Support) (Northern Ireland) Order 1998[^f00042] and regulations made under that Order or the Act and regulations made under that Act;

“support” (“cymorth”) means financial support by way of grant or loan made by the Welsh Ministers pursuant to regulations made by them under section 22 of the Act;

“transitional award” (“dyfarniad trosiannol”) means an award made under the Education (Mandatory Awards) Regulations 1998[^f00043] other than an old award;

“Turkish worker” (“gweithiwr Twrcaidd”) means a Turkish national who— is ordinarily resident in the United Kingdom and Islands; and is, or has been, lawfully employed in the United Kingdom;

“type 1 teacher training student” (“myfyriwr math 1 ar gwrs hyfforddi athrawon”) means a new system eligible student on a course for the initial training of teachers (other than a course for a first degree) whose periods of full-time attendance (including attendance for the purpose of teaching practice) in the academic year in respect of which he or she is applying for support are in aggregate at least 6 weeks but less than 10 weeks; and

“type 2 teacher training student” (“myfyriwr math 2 ar gwrs hyfforddi athrawon”) means a new system eligible student on a course for the initial training of teachers (other than a course for a first degree) whose periods of full-time attendance (including attendance for the purpose of teaching practice) in the academic year in respect of which he or she is applying for support are in aggregate 10 weeks or more.

(2) The Secretary of State may determine that a course is a compressed degree course if, in his or her opinion, that course is—

(a) a course for a first degree (other than a foundation degree);

(b) a full-time course designated under regulation 5(1); and

(3) In these Regulations a person is a “gap-year student” (“myfyriwr sy'n cymryd blwyddyn i ffwrdd”) in relation to a course provided by or on behalf of an institution that was publicly funded as at 1 August 2005 if he or she meets the conditions in paragraphs (4) or (6).

(4) The conditions are —

(a) the person had on or before 1 August 2005 received an offer, whether conditional on obtaining specified qualifications or not, of a place on the present course or a similar course; and

(b) the first academic year of the present course started on or after 1 September 2006 but before 1 September 2007.

(5) In paragraph (4), a course (“the original course”) is similar to the present course if —

(a) it appears to the governing body of the institution providing the present course that the subject-matter of the course is in whole or in part the same as the subject-matter of the original course; and

(b) except where the original course is no longer being provided, the present course is provided by the institution which was to have provided the original course.

(6) The conditions are—

(a) the person had received an offer of a place on a designated course (whether or not at the same institution as the present course) the first academic year of which began before 1 September 2006;

(b) he or she was unable to take up the offer because a specified qualification or grade was not awarded to him or her;

(d) the appeal was allowed after the last date on which he or she could have taken up the offer;

(e) as a result, he or she was offered a place on the present course; and

(f) the first academic year of the present course began on or after 1 September 2006 but before 1 September 2007.

(7) In these Regulations —

(a) a course is a “sandwich course” (“cwrs rhyngosod”) if —

(i) it is not a course for the initial training of teachers;

(ii) it consists of alternate periods of full-time study in an institution and periods of work experience; and

(iii) taking the course as a whole, the student attends the periods of full-time study for an average of not less than 18 weeks in each year;

(b) in calculating the student’s attendance for the purposes of sub-paragraph (a), the course is to be treated as beginning with the first period of full-time study and ending with the last such period; and

(c) for the purposes of sub-paragraph (a), where periods of full-time study and work experience alternate within any week of the course, the days of full-time study are aggregated with each other and with any weeks of full-time study in determining the number of weeks of full-time study in each year.

(8) In these Regulations, the “specified designated course” (“y cwrs dynodedig a bennir”) means the present course subject to paragraphs (9) and (10).

(9) Where the student’s status as an eligible student has been transferred to the present course as a result of one or more transfers of that status by the Welsh Ministers from a course (the “initial course”) in connection with which the Welsh Ministers determined the student to be an eligible student pursuant to regulations made by them under section 22 of the Act, the specified designated course is the initial course.

(10) Where the present course is an end-on course, the specified designated course is the course in relation to which the present course is an end-on course (the “preceding course”). Where the preceding course is itself an end-on course, the specified designated course is the course in relation to which the preceding course is an end-on course.

(11) In these Regulations, the expression “student who qualifies for a new fee grant” (“myfyriwr sydd â hawl i gael grant newydd at ffioedd”), in relation to a qualifying designated course, and any reference to a student who does not qualify for a new fee grant are to be construed in accordance with regulation 18.

(12) In these Regulations, the expression “qualifying designated course” (“cwrs dynodedig cymhwysol”), in relation to a student who qualifies for a new fee grant, has the meaning given to it by regulation 18.

Revocation, savings and transitional provisions

3

(1) Subject to paragraphs (6) and (7), the 2007 Regulations are revoked on 1 September 2008.

(2) The 2003 Regulations continue to apply to the provision of support to students in relation to an academic year which begins on or after 1 September 2003 but before 1 September 2004.

(3) The 2004 Regulations continue to apply to the provision of support to students in relation to an academic year which begins on or after 1 September 2004 but before 1 September 2005.

(4) The 2005 Regulations continue to apply to the provision of support to students in relation to an academic year which begins on or after 1 September 2005 but before 1 September 2006.

(5) The 2006 Regulations continue to apply to the provision of support to students in relation to an academic year which begins on or after 1 September 2006 but before 1 September 2007.

(6) Paragraph (5) of regulation 3 of the 2007 Regulations continues to apply.

(7) The 2007 Regulations continue to apply to the provision of support to students in relation to an academic year which begins on or after 1 September 2007 but before 1 September 2008.

(8) For the purposes of paragraphs (2) to (4), any reference to the Secretary of State in relation to any function conferred on the Secretary of State by the Regulations referred to in those paragraphs, is to be read in relation to Wales as a reference to —

(a) the Welsh Ministers, in the case of a function referred to in section 44(1) of the Act; or

(b) the Welsh Ministers or the Secretary of State, in the case of a function referred to in section 44(2) of the Act.

(9) These Regulations apply in relation to the provision of support to students in respect of an academic year which begins on or after 1 September 2008 whether anything done under these Regulations is done before, on or after 1 September 2008.

(10) Despite any other provision in these Regulations where a person—

(a) attends a course in respect of which a transitional award was bestowed on him or her; or

(b) had no award under the 1962 Act bestowed on him or her in respect of the course but a transitional award would have been bestowed on him or her if the person had applied for an award under the 1962 Act and his or her resources had not exceeded his or her requirements,

he or she is an old system eligible student for the purposes of Parts 4 and 5 in connection with the course, or in connection with any subsequent course to which the award (either bestowed or which would have been bestowed under the 1962 Act) would have been transferred if transitional awards provided for payments after the first year of a course, but unless paragraph (11) applies he or she qualifies for support by way of loan for living costs under Part 6 only if he or she is an eligible student under these Regulations and if he or she satisfies the qualifying conditions for support under that Part .

(11) Despite any other provision in these Regulations, where any person received or was eligible to receive a loan in relation to an academic year of a course under the 1998 Regulations he or she is an old system eligible student for the purposes of Part 6 in connection with the course, or any subsequent designated course which (disregarding any intervening vacation) he or she starts immediately after ceasing that course, but unless paragraph (10) applies he or she qualifies for fee support under Part 4 and support by way of grant for living costs under Part 5 if he or she is an eligible student under these Regulations and if he or she satisfies the relevant qualifying conditions for support under Parts 4 and 5.

PART 2 — ELIGIBILITY

Eligible students

4

(1) An eligible student qualifies for support in connection with a designated course subject to and in accordance with these Regulations.

(2) A person is an eligible student in connection with a designated course if —

(a) in assessing his or her application for support the Welsh Ministers determine that the person falls within one of the categories set out in Part 2 of Schedule 1; and

(b) the person is not excluded by paragraph (3).

(3) A person is not an eligible student if —

(a) an old award has been bestowed on that person in respect of the person’s attendance on the course;

(b) the person is eligible for a loan in relation to an academic year of the course under the Education (Student Loans) Act 1990 or the Education (Student Loans) (Northern Ireland) Order 1990;

(i) a healthcare bursary the amount of which is not calculated by reference to the person’s income; or

(ii) any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 2007[^f00044];

(d) the person is in breach of any obligation to repay any loan;

(e) the person 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; or

(f) the person has, in the opinion of the Welsh Ministers, shown himself or herself by his or her conduct to be unfitted to receive support.

(4) For the purposes of paragraphs (3)(d) and (3)(e), “loan” (“benthyciad”) means a loan made under the student loans legislation.

(5) In a case where the agreement for a loan is subject to the law of Scotland, paragraph (3)(e) only applies if the agreement was made —

(a) before 25 September 1991, and

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

(6) An eligible student in respect of whom the first academic year of the course begins on or after 1 September 2000 does not, at any one time, qualify for support for —

(a) more than one designated course;

(b) a designated course and a designated part-time course;

(7) Subject to paragraphs (11) to (13), if a person satisfies the conditions in paragraph (8), (9) or (10) —

(a) paragraphs (2) and (3) do not apply to him or her; and

(b) he or she is an eligible student for the purposes of these Regulations.

(8) The conditions are —

(a) the person qualified as an eligible student in connection with an earlier academic year of the present course pursuant to regulations made by the Welsh Ministers under section 22 of the Act;

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

(9) The conditions are —

(a) the present course is an end-on course (other than one of the kind referred to in paragraph (c) of the definition of “end-on course” in regulation 2) which the person is starting on or after 1 September 2006;

(b) the person qualified as an eligible student in connection with the course in relation to which the present course is an end-on course;

(c) the period of eligibility in respect of the course in sub-paragraph (b) only ceased on the grounds that the student had completed the course; and

(d) the person was ordinarily resident in Wales on the first day of the first academic year of the course in sub-paragraph (b).

(10) The conditions are —

(a) the Welsh Ministers have previously determined that the person is —

(i) an eligible part-time student in connection with a designated part-time course; or

(ii) an eligible student in connection with a designated course other than the present course;

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

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

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

(11) Where—

(a) the Welsh Ministers have determined that, by virtue of being a refugee or the spouse, civil partner, child or step-child of a refugee, a person (“A”) was—

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

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

(b) as at the day before the academic year in respect of which A is applying for support starts, the refugee status of A or of his or her spouse, civil partner, parent or step-parent, as the case may be, 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),[^f00045]

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

(12) Where—

(a) the Welsh Ministers have determined that, by virtue of being a person with leave to enter or remain or the spouse, civil partner, child or step-child of such a person, a person (“A”) was—

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

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

(b) as at the day before the academic year in respect of which A is applying for support starts, the period for which the person 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 or qualifying student terminates immediately before the first day of the academic year in respect of which he or she is applying for support.

(13) Paragraphs (11) and (12) do not apply where the student began the course in connection with which the Welsh Ministers determined that he or she was an eligible part-time student, an eligible student or a qualifying student, as the case may be, before 1 September 2007.

Designated courses

5

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

(a) mentioned in Schedule 2;

(b) one of the following —

(i) a full-time course;

(ii) a sandwich course; or

(iii) a part-time course for the initial training of teachers;

(d) of at least—

(i) one academic year’s duration; or

(ii) six weeks' duration in the case of a flexible postgraduate course for the initial training of teachers; and

(e) wholly provided by a publicly-funded educational institution or institutions in the United Kingdom or provided by such an institution or institutions in conjunction with an institution or institutions outside the United Kingdom.

(2) A course falling within paragraph 6 or 7 of Schedule 2 is not a designated course where the governing body of a maintained school has arranged for the provision of such a course to a pupil of the school.

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

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

(a) a disabled student; and

(b) undertaking that course in the United Kingdom but not in attendance because he or she is unable to attend for a reason which relates to his or her disability.

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

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

(b) a university and any constituent college or institution in the nature of a college of a university is regarded as 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[^f00046].

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

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

(b) part of the course is optional.

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

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

Period of eligibility

6

(1) An eligible student retains his or her status as an eligible student in connection with a designated course until the status terminates in accordance with this regulation or regulation 4.

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

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

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

(a) withdraws from his or her designated course in circumstances where the Welsh Ministers have not transferred or converted or will not transfer or convert his or her status as an eligible student under regulation 74 or regulation 88; or

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

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

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

(a) terminate the period of eligibility;

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

(c) treat any support paid to the student as an overpayment which may be recovered under regulations 60,78,91,100 and paragraph 16 of Schedule 4.

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

(8) Despite paragraph (1), a new system eligible student or gap-year student who has not attended a previous course is only eligible for a grant or loan for fees or a grant for living costs in respect of the present course for the number of academic years equal to OD+R+1.

(9) Despite paragraph (1) and subject to paragraph (6), a new system eligible student or gap-year student who has attended a previous course is only eligible for grants or loans for fees and grants for living costs in respect of the present course for the number of academic years equal to (OD+R+1)−PC, except that—

(a) no deduction equivalent to PC applies in the case of a teacher training student; and

(b) one additional year is added in the case of an eligible student who did not complete successfully the latest previous course because of compelling personal reasons.

(10) Paragraph (6) applies to —

(a) a new system eligible student who is on an end-on course of the kind described in paragraph (a) or (b) of the definition of “end-on course” in regulation 2;

(b) a new system eligible student who —

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

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

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

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

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

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

(d) an old system eligible student who is a student on an end-on course of the kind described in paragraphs (a) and (b) of the definition of “end-on course” in regulation 2.

(11) Despite paragraph (1), an eligible student to whom this paragraph applies is only eligible for grants or loans for fees and grants for living costs in respect of the present course for the number of academic years equal to (D + X) − Pr C.

(12) Despite paragraph (1), a continuing student is only eligible for a grant or loan for fees or a grant for living costs in respect of the present course for the number of academic years equal to (A+R+1)−Y.

(13) Despite paragraph (1) and subject to paragraph (9), a transferring student is only eligible for a grant or loan for fees or a grant for living costs in respect of the present course for the number of academic years equal to (A+R+1)−Y.

(14) A transferring student starting the first full academic year of a further course to which he or she transfers under regulation 8 after 1 September 2008 is only eligible for a grant or loan for fees or a grant for living costs in respect of the further course for the number of years equal to (A+R+1)−Y−Z.

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

(16) In this regulation —

(a) A is the number of academic years from 31 August 2006 that make up the period ordinarily required for the completion of the present course or, in the case of a transferring student, the previous course;

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

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

(d) PC is the number of years of attendance by the eligible student on a previous course; and

(e) X is 1 where the ordinary duration of the preliminary course was less than three years and 2 where the ordinary duration of the preliminary course was three years;

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

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

(h) Y is the number of years of the present course, or the previous course in the case of a transferring student, in respect of which it has been determined before 1 September 2006 under regulations made under section 22 of the Act that support was not available;

(i) Z is the number of academic years spent on a previous course beginning on or after 1 September 2006;

(j) “continuing student” (“myfyriwr syn parhau”) is an old system eligible student who started the present course before 1 September 2006;

(k) “teacher training student” (“myfyriwr ar gwrs hyfforddi athrawon”) means a student attending a course for the initial training of teachers where the duration of the course does not exceed 2 years (the duration of a part-time course being expressed as its full-time equivalent) and the student is not a qualified teacher.

(l) “transferring student” (“myfyriwr sy'n trosglwyddo”) means an eligible student who starts the present course on or after 1 September 2008 having had his or her status as an eligible student transferred to that course as a result of one or more transfers of that status pursuant to regulations made under section 22 of the Act from a designated course which he or she began before 1 September 2007.

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

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

(19) The Welsh Ministers may confer eligibility to grants and loans for fees and grants for living costs otherwise than in accordance with paragraphs (8) to (16).

(20) For the purposes of this regulation and subject to the exceptions in paragraphs (22), (23) and (24) a “previous course” is any full-time higher education course or any part-time course for the initial training of teachers which the student began to attend or, in the case of a compressed degree course or a designated distance learning course, undertake before the present course and which meets one or both of the conditions in paragraph (21).

(21) The conditions are—

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

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

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

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

(b) the duration of the present course does not exceed two years ( the duration of a part-time course being expressed as its full-time equivalent); and

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

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

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

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

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

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

Previous study

7

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

(2) Subject to paragraphs (4) and (5), an eligible student who starts his or her course on or after 1 September 2006 does not qualify for a loan for living costs if he or she has attained an honours degree from an institution in the United Kingdom.

(3) Paragraphs (1) and (2) do not apply to an eligible student attending a course for the initial training of teachers where the ordinary duration of the course does not exceed 2 years (the ordinary duration of a part-time course being expressed as its full-time equivalent) and the eligible student is not a qualified teacher.

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

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

(a) the present course leads to qualification as a social worker;

(b) the eligible student is to receive any payment—

(i) under a healthcare bursary the amount of which is calculated by reference to his or her income; or

(ii) under a Scottish healthcare allowance the amount of which is calculated by reference to his or her income in respect of any academic year of the present course; or

(6) In this regulation and regulation 6, the “ordinary duration of the course” (“cyfnod arferol y cwrs”) means the number of academic years that a standard student would take to complete the designated course and “standard student” (“myfyriwr safonol”) means a student who is to be taken —

(i) to have started the designated course on the same date as the eligible student in question;

(ii) not to be excused any part of the course on account of having attended another course;

(iii) not to repeat any part of the course; and

(iv) not to be absent from the course other than during vacations.

(7) Paragraphs (7) and (8) of regulation 23 extend the provisions of this regulation relating to qualification for fee loans and fee grants to the grants for living costs referred to in those paragraphs, subject to specified exceptions.

Transfer of status

8

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

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

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

(2) The grounds of transfer are —

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

(i) attend another designated course at the institution;

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

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

(b) the eligible student starts to—

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

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

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

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

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

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

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

(5) An eligible student who transfers under paragraph (1) after the Welsh Ministers have assessed 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, in connection with the academic year of the course to which he or she transfers, apply for another grant or loan of a kind that he or she has already applied for under these Regulations in connection with the academic year of the course from which he or she is transferring unless otherwise provided.

PART 3 — APPLYING FOR SUPPORT AND PROVISION OF INFORMATION

Applications for support

9

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

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

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

Time limits

10

(1) The general rule is that the application must reach the Welsh Ministers within a period of nine months beginning with the first day of the academic year in respect of which it is submitted.

(2) The general rule does not apply where —

(a) one of the events listed in regulation 14 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 Welsh Ministers within a period of nine months beginning with the day on which the relevant event occurs;

(b) the applicant is making a separate application for a fee loan under regulation 21 or regulation 22 or a fee contribution loan under regulation 20 or a loan for living costs under regulation 38 or a college fee loan under Schedule 4 or is applying for an additional amount of fee loan under regulation 21(3) or 21(7), an additional amount of fee contribution loan under regulation 20(6) or an additional amount of fee loan under regulation 22(3) or an additional amount of loan for living costs under regulation 50(3) or an additional amount of college fee loan under Schedule 4 paragraph 11(2) in which case the application must reach the Welsh Ministers not later than one month before the end of the academic year to which the application relates;

(c) the applicant is applying to borrow an additional amount of fee contribution loan under regulation 20(4) or an additional amount of loan for living costs under regulation 50(1), in which case the application must reach the Welsh Ministers not later than one month before the end of the academic year to which the application relates or within a period of one month beginning with the day on which the applicant receives notice of the increased maximum amount, whichever is the later;

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

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

Information

11

Schedule 3 applies to the provision of information.

PART 4 — GRANTS AND LOANS FOR FEES

CHAPTER 1 — GENERAL PROVISION

Fee Support Generally

12

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

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

(3) For the purposes of calculating the amount of fee support under this Part, an institution that provides courses designated by regulation 4 of the Education (Student Support) (Dance and Drama) Regulations 1999[^f00047] is not to be regarded as publicly funded by reason only that it receives public funds from the governing body of a higher education institution in accordance with section 65(3A) of the Further and Higher Education Act 1992[^f00048].

(4) A student to whom paragraph (5) applies is treated as if he or she were in attendance on the designated course for the purpose of qualifying for fee support.

(5) This paragraph applies to—

(a) a compressed degree student;

(b) a disabled 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 he or she is unable to attend for a reason which relates to his or her disability.

Students becoming eligible during the course of an academic year

13

Where any of the events listed in regulation 14 occurs in the course of an academic year —

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

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

Events

14

The events are —

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

(d) the student becomes a family member (as defined in Part 1 of Schedule 1) of an EC national;

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

(f) the student becomes the child of a Turkish worker;

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

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

CHAPTER 2 — GRANTS FOR FEES

Grants for fees: qualifying conditions for old system eligible students

15

(1) This regulation applies to an old system eligible student who began a designated course before 1 September 2006 and is continuing on that course after 31 August 2008 (a “continuing student”).

(2) Subject to paragraph (5) and regulations 6 and 7, an old system eligible student qualifies in accordance with this regulation for a grant in respect of the fees for an academic year payable by the student in respect of, or otherwise in connection with, the student’s attendance on a designated course.

(3) The amount of the grant for fees in respect of an academic year is determined in accordance with regulation 16 or 17.

(4) A continuing student does not qualify for support in respect of an academic year of a designated course if —

(a) that year is bursary year or an Erasmus year; or

(b) the designated course is a flexible postgraduate ITT course.

(5) A continuing student does not qualify for a grant for fees in respect of any academic year of the course that begins on or after 1 September 2008 where in the course of assessing an application for support in respect of an academic year of the designated course that began before 1 September 2006 the Welsh Ministers determined in accordance with regulations made by them under section 22 of the Act that the student did not qualify for fee support in respect of the designated course.

Amount of grants for fees at a publicly funded institution and at a private institution on behalf of a publicly funded institution: old system eligible students

16

(1) Unless one of the following cases set out in paragraph (4) applies, the amount of the grant for fees for an old system eligible student in respect of an academic year of a designated course at a publicly-funded institution is the lesser of—

(a) £1,255; and

(b) the fees payable by the student in connection with that year.

(2) The basic amount of the grant for fees for an old system eligible student in respect of an academic year in the cases in paragraph (4) is the lesser of—

(a) £625; and

(b) the fees payable by the student in connection with that year.

(3) Where a contribution exceeding nil is calculated under Schedule 5, a deduction will be made from the grant for fees determined under paragraph (1) or (2) in accordance with regulation 54.

(4) The cases are —

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

(b) in respect of a sandwich course, an academic year —

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

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

(c) in respect of a course for the initial training of teachers (including a course leading to a first degree), an academic year during which any periods of full-time study are in aggregate less than 10 weeks;

(d) in respect of a course provided in conjunction with an overseas institution, an academic year—

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

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

(5) In the case of a designated course at Heythrop College, the amount of the grant for fees in respect of an academic year is £2,245.

(6) In the case of a designated course at Guildhall School of Music and Drama, the amount of the grant for fees in respect of an academic year is £4,565.

(7) The basic amount of the grant for fees in respect of an academic year at a private institution providing a designated course on behalf of a public institution is the lesser of £1,175 and the fees payable by the student in connection with that year if—

(a) the designated course began on or after 1 September 2001;

(b) the designated course is provided on behalf of a publicly-funded institution; and

(8) The amount of the grant for fees in respect of an academic year at a private institution providing a designated course on behalf of a public institution is the lesser of £625 and the fees payable by the student in connection with that year if—

(a) the designated course began on or after 1 September 2001;

(b) the designated course is provided on behalf of a publicly-funded institution; and

(9) Where a contribution exceeding nil is calculated under Schedule 5, a deduction will be made from the amount of the grant for fees determined under paragraph (1) or (2) in accordance with regulation 54.

Amount of the grant for fees at a private institution: old system eligible students

17

(1) Subject to paragraph (2), the amount of the grant for fees in respect of an academic year of a designated course at a private institution is the lesser of—

(a) £1,175; and

(b) the fees payable by the student in connection with that year.

(2) In the case of a designated course at the University of Buckingham, the amount of the grant for fees in respect of an academic year is £2,975.

New fee grant

18

(1) Subject to paragraph (2), a student who qualifies for a new fee grant may apply under this regulation for a new fee grant of an amount not exceeding the maximum available (in accordance with paragraph (3) or (4), as the case may be) in respect of, or otherwise in connection with, his or her attendance on a qualifying designated course.

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

(a) that year is a bursary year or an Erasmus year; or

(b) the designated course is an old flexible postgraduate ITT course.

(3) The maximum amount of grant available under this regulation to an applicant in respect of an academic year of a qualifying designated course where none of the circumstances in regulation 16(4) applies is £1,890 or the amount by which the fees payable by him or her exceed £1,255, whichever is the lesser.

(4) The maximum amount of grant available in respect of such an academic year under this regulation to an applicant where one of the circumstances in regulation 16(4) applies is £945 or the amount by which the fees payable by him or her exceed £625, whichever is the lesser.

(5) In these Regulations, “student who qualifies for a new fee grant” (“myfyriwr sydd â hawl i gael grant newydd at ffioedd”), in relation to a qualifying designated course, means a new system eligible student who is a person whom the Welsh Ministers have determined in connection with the designated course falls within one of the categories set out in Part 2 of Schedule 1.

(6) In these Regulations, a student mentioned in paragraph (5) does not qualify for a new fee grant if the only paragraph in Part 2 of Schedule 1 into which the student falls is paragraph 9.

(7) In these Regulations, “qualifying designated course” (“cwrs dynodedig cymhwysol”), in relation to a student who qualifies for a new fee grant, means a designated course provided by a publicly-funded institution in Wales.

CHAPTER 3 — LOANS FOR FEES

General qualifying conditions for loans for fees

19

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

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

(a) that year is a bursary year or an Erasmus year; or

(b) the designated course is an old flexible postgraduate ITT course.

Fee contribution loans (for old system eligible students)

20

(1) An old system eligible student qualifies for a fee contribution loan in respect of an academic year of a designated course if—

(a) he or she qualifies for a grant for fees in respect of that year or would have qualified if he or she had applied for the grant (even if the amount would have been nil); and

(b) the designated course is provided by or on behalf of an institution that was publicly funded as at 1 August 2005.

(2) Where an old system eligible student applies for a grant for fees and a fee contribution loan, the amount of the fee contribution loan in respect of an academic year of the designated course is the amount for which the student applies not exceeding the amount deducted from his or her grant for fees in accordance with regulation 54.

(3) Where the only fee support for which an old system eligible student applies is a fee contribution loan, the amount of that loan in respect of an academic year of the designated course is the amount for which the student applies not exceeding £1,255 or, if any of the circumstances in regulation 16(4) apply, £625.

(4) An old system eligible student may apply to borrow an additional amount of fee contribution loan where —

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

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

(i) failing to provide information promptly which might affect his or her ability to qualify for a fee contribution loan for which he or she qualifies; or

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

(5) The additional amount in paragraph (4) is an amount which when added to the amount already applied for does not exceed the increased maximum.

(6) Where an old system eligible student has applied for a fee contribution loan of less than the maximum amount to which he or she is entitled 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 relevant maximum applicable in his or her case.

Fee loans: new system eligible students not qualifying for new fee grant

21

(1) Subject to paragraph (9), a new system eligible student qualifies in accordance with this regulation for a loan in respect of the fees payable by him or her in respect of, or otherwise in connection with his or her attendance on a designated course.

(2) The amount of a fee loan in respect of an academic year of a designated course must not exceed the lesser of —

(a) £3,145 or, where one of the circumstances in paragraph 16(4) applies, £1,570; and

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

(3) If the student’s status as an eligible student is transferred from one designated course to another under these Regulations and one of the circumstances in paragraph (4) applies, the student may borrow an additional amount by way of fee loan in respect of the academic year of the course to which he or she transfers.

(4) The circumstances are —

(a) the fees payable in respect of the academic year of the course to which the new system eligible student transfers exceed the fees payable in respect of the academic year of the course from which the student has transferred; and

(b) the academic year of the course to which the new system eligible student transfers does not begin on a later date than the academic year of the course from which he or she has transferred.

(5) Where paragraph (4)(a) applies, the additional amount that the new system eligible student may borrow in respect of the academic year to which he or she transfers must not exceed an amount equal to the fees payable by him or her in respect of that academic year less the amount of any fee loan he or she has taken out in respect of the academic year from which he or she has transferred.

(6) Where paragraph (4)(b) applies, the additional amount that the new system eligible student may borrow in respect of the academic year to which he or she transfers must not exceed the lesser of —

(a) £3,145 or, where one of the circumstances in regulation 16(4) applies, £1,570; and

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

(7) Where a new system eligible student has applied for a fee loan of less than the maximum amount available in relation to an 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 relevant maximum applicable in his or her case.

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

Fee loans: Students qualifying for new fee grant

22

(1) A student who qualifies for a new fee grant may apply under this regulation for a loan in respect of his or her attendance on the qualifying designated course.

(2) The maximum amount of loan available under this regulation is the lesser of —

(a) £1,255 or, where any of the circumstances in regulation 16(4) apply, £625; and

(b) the remainder of the fees payable by the student less an amount equal to the new fee grant in respect of or otherwise in connection with that year.

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

(4) If the student’s status as an eligible student is transferred from a qualifying designated course to another qualifying designated course under these Regulations and one of the circumstances in paragraph (5) applies, the student may borrow an additional amount by way of fee loan in respect of the academic year of the course to which he or she transfers.

(5) The circumstances are —

(a) the fees payable in respect of the academic year of the course to which the eligible student transfers exceed the fees payable in respect of the academic year of the course from which the student has transferred; and

(b) the academic year of the course to which the eligible student transfers does not begin on a later date than the academic year of the course from which he or she has transferred.

(6) Where paragraph (5) (a) applies, the additional amount that the eligible student may borrow in respect of the academic year to which he or she transfers must not exceed an amount equal to the fees payable by him or her in respect of that academic year less the amount of any fee loan he or she has taken out and/or any new fee grant that he or she has received in respect of the academic year from which he or she has transferred.

(7) Where paragraph (5)(b) applies, the additional amount that the eligible student may borrow in respect of the academic year to which he or she transfers must not exceed the lesser of —

(a) £3,145 or, where one of the circumstances in regulation 16(4) applies, £1,570; and

(b) the remainder of fees payable by the student less an amount equal to the new fee grant in respect of, or otherwise in connection with, that year.

PART 5 — GRANTS FOR LIVING COSTS

General qualifying conditions for grants for living costs

23

(1) An eligible student qualifies for a grant under this Part provided that —

(a) the student is not excluded from qualification by any of the following paragraphs, regulation 6 or regulation 7; and

(b) the student satisfies the qualifying conditions for the particular grant for which he or she is applying.

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

(3) An eligible student does not qualify for a grant under this Part in respect of —

(a) an academic year which is a bursary year;

(b) an academic year of a course for the initial training of teachers during which the periods of full-time attendance, including attendance for the purpose of teaching practice, are in aggregate less than 6 weeks;

(c) a flexible postgraduate course for the initial training of teachers which is of less than one academic year’s duration.

(4) Paragraph (3)(b) does not apply for the purposes of regulation 24.

(5) An eligible student does not qualify for a grant under this Part in respect of any academic year of a sandwich course where the periods of full-time study are in aggregate less than 10 weeks unless the periods of work experience constitute unpaid service.

(6) For the purposes of paragraph (5), “unpaid service” (“gwasanaeth di-dâl”) means —

(a) unpaid service in a hospital or in a public health service laboratory or with a primary care trust in the United Kingdom;

(b) unpaid service with a local authority in the United Kingdom acting in the exercise of their functions relating to the care of children and young persons, health or welfare or with a voluntary organisation providing facilities or carrying out activities of a like nature in the United Kingdom;

(d) unpaid research in an institution in the United Kingdom or, in the case of a student attending an overseas institution as part of his or her course, in an overseas institution; or

(e) unpaid service with —

(i) a Strategic Health Authority established pursuant to section 13 of the National Health Service Act 2006 or a Special Health Authority established pursuant to section 28 of that Ac[^f00049]);

(ii) a Local Health Board established pursuant to section 11 of the National Health Service (Wales) Act 2006 or a Special Health Authority established pursuant to section 22 of that Act[^f00050];

(iii) a Health Board or a Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978[^f00051]; or

(iv) a Health and Social Services Board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972[^f00052].

(7) Subject to paragraph (8), an eligible student does not qualify for a grant under regulation 35, 36 or 37 in respect of an academic year of the designated course if the student does not qualify for relevant support in respect of that academic year.

(8) Paragraph (7) does not apply if the reason that the student does not qualify for relevant support in respect of an academic year of a designated course is because —

(a) that academic year is an Erasmus year; or

(b) the designated course is an old flexible postgraduate ITT course.

(9) In paragraph (7) “relevant support” (“cymorth perthnasol”) means, in the case of a grant under regulation 35, a grant for fees, or, in the case of a grant under regulations 36 or 37, a loan for fees.

(10) Where one of the events listed in paragraph (11) occurs in the course of an academic year, a student may qualify for a particular grant in accordance with this Part in respect of all or part of that academic year but he or she does not qualify for a grant in respect of any academic year beginning before the academic year in which the relevant event occurred.

(11) The events are —

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

(b) the student, the student’s spouse, the student’s civil partner or the student’s parent is recognised as a refugee or is granted 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 the child of a Turkish worker;

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

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

(12) Subject to paragraph (13), an eligible student does not qualify for a grant under this Part in respect of an academic year during any part of which he or she is a prisoner.

(13) Paragraph (12) does not apply in respect of a grant for disabled students' living costs.

(14) A student to whom this paragraph applies is treated as if he or she were in attendance on the designated course for the purpose of qualifying for the following grants—

(a) grants for dependants;

(b) grant for disabled students' living costs;

(d) higher education grant.

(15) Paragraph (14) applies to —

(a) a compressed degree student;

(b) a disabled 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 he or she is unable to attend for a reason which relates to his or her disability.

Grants for disabled students' living costs

24

(1) An eligible student qualifies in accordance with this regulation for a grant for disabled students' living costs to assist with the additional expenditure which the Welsh Ministers are satisfied the student is obliged to incur in connection with his or her attendance on a designated course by reason of a disability to which the student is subject.

(2) Subject to the following paragraphs, the amount of grant for disabled students' living costs under this regulation is the amount that the Welsh Ministers consider appropriate in accordance with the student’s circumstances.

(3) Except where paragraph (5) applies, the amount of the grant for disabled students' living costs must not exceed —

(a) £20,000 in respect of an academic year for expenditure on a non-medical personal helper;

(b) £5,035 in respect of all the academic years during the period of eligibility for expenditure on major items of specialist equipment;

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