The Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2009

Where one of the events listed in paragraph 6 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.

6

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;

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

• (d) the student acquires a 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;

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

7

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.

8

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.

9

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.

10

To receive a college fee loan, a qualifying student must enter into a contract with the Welsh Ministers.

Amount of the college fee loan

11

• (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

12

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

• (a) the Welsh Ministers 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) subject to paragraph (c) 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 13 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

13

• (1) The Welsh Ministers 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 Welsh Ministers must pay the college fee loan in a single lump sum.

• (3) The Welsh Ministers must not pay the college fee loan before—

• (a) they have 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 Welsh Ministers in such form as the Welsh Ministers may require and the Welsh Ministers must not pay the college fee loan in respect of the academic year until they have received an attendance confirmation from the relevant college or private hall unless they determine 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 67.

• (5) The Welsh Ministers 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 or in the case of a student who is treated as in attendance under paragraph 4, undertake the course; and

• (b) the college or permanent private hall has determined or agreed that the student will not commence attending or, as the case may be, undertaking the course in the United Kingdom again during the academic year in respect of which the college fees are payable or at all.

Conditions of entitlement to payment of college fee loan

14

• (1) The Welsh Ministers may make it a condition of entitlement to payment of a college fee loan that a qualifying student must provide them with his or her United Kingdom national insurance number.

• (2) Where the Welsh Ministers have imposed a condition under sub-paragraph (1), they must not make any payment of the loan to the qualifying student before they are satisfied that the student has complied with that condition.

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

Information requirements

15

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

• (2) The Welsh Ministers may at any time require a qualifying student to enter into an agreement to repay a loan by a particular method.

• (3) The Welsh Ministers may at any time request from a qualifying student sight of his or her valid national identity card, his or her valid passport issued by the state of which he or she is a national or his or her birth certificate.

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

• (5) Where the Welsh Ministers have requested an agreement as to the method of repayment under this paragraph, they may withhold any payment of a college fee loan until the person provides what has been requested.

Overpayment

16

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

SCHEDULE 5 — FINANCIAL ASSESSMENT

Definitions

1

• (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;

• (c) “household income” (“incwm aelwyd”,“incwm yr aelwyd”, “incwm sydd gan yr aelwyd”) has the meaning given in paragraph 3;

• (d) “independent eligible student” (“myfyriwr cymwys annibynnol”) 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”) 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 the parent’s 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) “prior financial year” (“blwyddyn ariannol gynharach”) means the financial year immediately preceding the preceding financial year;

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

• (n) “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 income referred to in sub-paragraph (2) received net of income tax; and

• (o) “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 prior 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 Welsh Ministers consider the person will pay the largest amount of tax in that period (except as otherwise provided in paragraph 5),

except that no account is taken of income referred to in sub-paragraph (2) paid to another party.

• (2) The income referred in this sub-paragraph is any benefits under a pension arrangement pursuant to an order made under section 23 of the Matrimonial Causes Act 1973[^f00093] which includes provision made by virtue of sections 25B(4) and 25E(3) of that Act or pension benefits under Part 1 of Schedule 5 to the Civil Partnership Act 2004[^f00094] which includes provision made by virtue of Parts 6 and 7 of that Schedule.

Independent eligible student

2

• (1) An eligible student is an independent 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 is 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;

• (c) he or she has no parent living;

• (d) the Welsh Ministers are 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 Welsh Ministers, 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[^f00095] 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 Welsh Ministers are 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 Welsh Ministers 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 began the present course before 1 September 2009 and 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 to be 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[^f00096] or comparable award; or

• (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 Welsh Ministers have 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 Welsh Ministers have 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 £1,130 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 of the Income and Corporation Taxes Act 1988[^f00097] or under section 188 of the Finance Act 2004[^f00098], 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[^f00099].

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, 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

• (c) under sub-paragraph (2)

must not be made or permitted.

• (2) For the purposes of determining the residual income of an eligible student’s parent, there is 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 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, 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) of this sub-paragraph, 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;

• (c) in the case of a parent student or an eligible student’s parent who holds a statutory award, £1,130.

• (3) Where the Welsh Ministers are satisfied that the residual income of the parent in the financial year beginning immediately before the relevant year (“the current financial year”) is likely to be not more than 85 per cent. of the sterling value of his or her residual income in the prior financial year they must, for the purpose of enabling the eligible student to attend the course without hardship, ascertain the parent’s residual income for the current financial year.

• (4) In an academic year immediately following one in which the Welsh Ministers have ascertained the residual income of the parent for the current financial year under sub-paragraph (3), the Welsh Ministers must ascertain the parent’s residual income in the preceding financial year.

• (5) Where the eligible student’s parent satisfies the Welsh Ministers 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 prior financial year means the earliest period of twelve months which ends after the start of the prior 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 Welsh Ministers determine that the parents are separated for the duration of the relevant year, the household income is determined by reference to the income of whichever parent the Welsh Ministers consider the more appropriate under the circumstances.

• (10) Where the Welsh Ministers determine that the parents have separated in the course 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 during which the parents are separated; 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, an eligible student’s partner’s income is determined in accordance with paragraph 5 (other than sub-paragraphs (8), (9) and (10) of paragraph 5), references to the parent being construed as references to the eligible student’s partner.

• (2) Where the Welsh Ministers determine that the eligible student and his or her partner are separated for the duration of the relevant year, the partner’s income is not taken into account in determining the household income.

• (3) Where the Welsh Ministers determine that the eligible student and his or her partner have separated in the course 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 Welsh Ministers determine that the eligible student and his or her partner are not separated.

• (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 £23,680 or more, £45 with the addition of £1 for every complete £9.27 by which the household income exceeds £23,680; and

• (b) in any case where the household income is less than £23,680, 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 £11,025 or more, £45 with the addition of £1 for every complete £9.27 by which the household income exceeds £11,025; and

• (b) in any case where the household income is less than £11,025, nil.

• (3) The amount of the contribution payable under sub-paragraph (1) or (2) must in no case exceed £7,992.

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

• (5) Where sub-paragraph (6) applies, the aggregate contributions must not exceed £7,992.

• (6) This sub-paragraph applies where—

• (a) a contribution is payable in relation to two or more eligible students (other than new system eligible students) in respect of the same income under paragraph 5 or, where the relevant parent’s partner’s residual income is taken into account, under paragraphs 5 and 7; or

• (b) the household income consists of the residual income of an independent eligible student and his or her partner where both hold a statutory award.

Calculation of contribution — new system eligible students

9

• (1) Where the eligible student is a new system eligible student who is not a 2010 cohort student, the contribution payable is—

• (a) in any case where the household income exceeds £39,793, £1 for every complete £9.27 by which the household income exceeds £39,793; and

• (b) in any case where the household income is £39,793 or less, nil.

• (2) Where the eligible student is a new system eligible student who is a 2010 cohort student, the contribution payable is—

• (a) in any case where the household income exceeds £50,778, £1 for every complete £5 by which the household income exceeds £50,778; and

• (b) in any case where the household income is £50,778 or less, nil.

• (3) The contribution must not in any case exceed £6,208.

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

• (5) Where sub-paragraph (6) applies, the aggregate contributions must not exceed £6,208.

• (6) This sub-paragraph applies where—

• (a) a contribution is payable in relation to two or more eligible students (other than old system eligible students) in respect of the same income under paragraph 5 or, where the relevant parent’s partner’s residual income is taken into account, under paragraphs 5 and 7; or

• (b) the household income consists of the residual income of an independent eligible student and his or her partner where both hold a statutory award.

Split contributions

10

Where the same household income is used to assess the amount of a statutory award for which two or more persons qualify, the contribution payable in respect of the eligible student is divided by the number of such persons.

SCHEDULE 6 — FINANCIAL ASSESSMENT — PART-TIME GRANTS FOR DEPENDANTS

Definitions

1

• (1) In this Schedule—

• (a) “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;

• (b) “household income” (“incwm aelwyd, incwm yr aelwyd, incwm sydd gan yr aelwyd”) has the meaning given in paragraph 2;

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

• (d) “parent” (“rhiant”) means a natural or adoptive parent and “child” (“plentyn”) is construed accordingly;

• (e) “parent student” (“myfyriwr sy'n rhiant”) means an eligible part-time student who is the parent of an eligible student;

• (f) “partner” (“partner”) in relation to an eligible part-time student means any of the following–

• (i) the spouse of an eligible part-time student;

• (ii) the civil partner of an eligible part-time student;

• (iii) a person ordinarily living with an eligible part-time student as if he or she were his or her spouse where an eligible part-time student is aged 25 or over on the first day of the relevant year and he or she begins the designated part-time course on or after 1 September 2000;

• (iv) a person ordinarily living with an eligible part-time student as if he or she were his or her civil partner where an eligible part-time student is aged 25 or over on the first day of the relevant year and he or she begins the designated part-time course on or after 1 September 2005;

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

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

• (i) “residual income” (“incwm gweddilliol”) means taxable income after the application of paragraph 3 (in the case of an eligible part-time student) or paragraph 4 (in the case of an eligible part-time student’s partner) and income referred to in sub-paragraph (2) received net of income tax; and

• (j) “taxable income” (“incwm trethadwy”) means, in relation to paragraph 3, in respect of the academic year for which an application has been made under regulation 100 and, in relation to paragraph 4, in respect (subject to sub-paragraphs (3), (4) and (5) of paragraph 4) 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 Welsh Ministers consider the person will pay the largest amount of tax in that period (except as otherwise provided in paragraph 4),

except that no account is taken of income referred to in sub-paragraph (2) paid to another party.

• (2) The income referred to in this sub-paragraph is any benefits under a pension arrangement pursuant to an order made under section 23 of the Matrimonial Causes Act 1973 which includes provision made by virtue of sections 25B(4) and 25E(3) of that Act or pension benefits under Part 1 of Schedule 5 to the Civil Partnership Act 2004 which includes provision made by virtue of Parts 6 and 7 of that Schedule.

Household income

2

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

• (2) The household income is—

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

• (b) in the case of an eligible part-time student who does not have a partner, the residual income of that student.

• (3) In determining the household income under sub-paragraph (2), the sum of £1,130 is deducted for each child wholly or mainly financially dependent on the eligible part-time student or that student’s partner.

• (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 (a) of sub-paragraph (2) in the case of a parent student whose child or whose partner’s child who is an eligible student 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 part-time student’s residual income

3

• (1) For the purpose of determining the residual income of an eligible part-time student, there is deducted from his or her taxable income (unless already deducted in determining taxable income) the gross amount of any premium or other sum paid by the eligible part-time 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 of the Income and Corporation Taxes Act 1988[^f00100] or under section 188 of the Finance Act 2004[^f00101], or where the eligible part-time 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 part-time 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 part-time 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[^f00102].

Calculation of eligible part-time student’s partner’s residual income

4

• (1) For the purposes of determining the taxable income of an eligible part-time student’s partner, 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, 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

• (c) under sub-paragraph (2),

must not be made or permitted.

• (2) For the purposes of determining the residual income of an eligible part-time student’s partner, there is 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 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, 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) of this sub-paragraph, provided that any sums so deducted do not exceed the deductions which would be made if the whole of the eligible part-time student’s partner’s income were in fact income for the purposes of the Income Tax Acts.

• (3) Where the Welsh Ministers are satisfied that the residual income of the partner in the financial year beginning immediately before the relevant year (“the current financial year”) is likely to be not more than 85 per cent of the sterling value of his or her residual income in the preceding financial year they must, for the purpose of enabling the eligible part-time student to attend the course without hardship, ascertain the partner’s residual income for the current financial year.

• (4) Where the Welsh Ministers are satisfied that the residual income of the partner in any financial year is, as a result of any event, 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 residual income in the previous financial year they must, for the purpose of enabling the eligible part-time student to attend the course without hardship, ascertain the household income for the academic year of the eligible part-time student’s course in which that event occurred by taking as the residual income of the partner the average of his or her residual income for each of the financial years in which that academic year falls.

• (5) Where the eligible part-time student’s partner satisfies the Welsh Ministers 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 part-time student’s partner 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 partner’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 part-time student’s partner 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 part-time student’s partner 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 the Welsh Ministers determine that the eligible part-time student and his or her partner are separated for the duration of the relevant year, the partner’s income is not taken into account in determining the household income.

• (9) Where the Welsh Ministers determine that the eligible part-time student and his or her partner have separated in the course 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 Welsh Ministers determine that the eligible part-time student and his or her partner are not separated.

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

Calculation of contribution

5

• (1) The contribution payable in relation to an eligible part-time student is—

• (a) in any case where the household income exceeds £39,793, £1 for every complete £9.27 by which the household income exceeds £39,793; and

• (b) in any case where the household income is £39,793 or less, nil.

• (2) The contribution must not in any case exceed £6,208.

• (3) The contribution may be adjusted in accordance with paragraph 6.

• (4) Where sub-paragraph (5) applies, the aggregate contributions must not exceed £6,208.

• (5) This sub-paragraph applies where the household income consists of the residual income of an eligible part-time student and his or her partner where both hold a statutory award.

Split contributions

6

Where the same household income is used to assess the amount of a statutory award for which two or more persons qualify the contribution payable in respect of the eligible part-time student is divided by the number of such persons.

Signed

Jane Hutt — Minister for Children, Education, Lifelong Learning and Skills, one of the Welsh Ministers — 12 October 2009

Explanatory note

(This note is not part of the Regulations)

These Regulations provide for financial support for students who are ordinarily resident in Wales taking designated higher education courses in respect of academic years beginning on or after 1 September 2010. They consolidate, with some changes, the Assembly Learning Grants and Loans (Higher Education) (Wales) (No.2) Regulations 2008, as amended (“the 2008 (No.2) Regulations”).

These Regulations revoke the 2008 (No.2) Regulations. Regulation 3 sets out the extent of the revocation. Changes of substance made in these Regulations (other than rates of grants and loans) are highlighted below.

To qualify for financial support a student must be an “eligible student”. Broadly, a person is an eligible student if he or she falls within one of the categories listed in Part 2 of Schedule 1 and the eligibility provisions in Part 2 of the Regulations. The Regulations apply to students ordinarily resident in Wales wherever they study on a designated course. For the purposes of these Regulations a person who is ordinarily resident in Wales, England, Scotland, Northern Ireland, the Channel Islands or the Isle of Man as a result of having moved from one of those areas for the purpose of undertaking his or her course is considered ordinarily resident in the place from which that person moved (Schedule 1, paragraph 1(3)). An eligible student must also satisfy any requirements elsewhere in the Regulations; in particular the specific requirements applicable to each type of financial support.

Support is only available under the Regulations in respect of “designated” courses within the meaning of regulations 5, 70, 86, 110 and Schedule 2.

The distinction between old system eligible students and new system eligible students (introduced by the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2006) in relation to financial support to students for full-time courses is retained (regulation 2(1)).

Old system eligible students are eligible students attending courses that started before 1 September 2006 and gap-year students starting courses before 1 September 2007 and certain other categories of student. The following grants and loans are available to old system eligible students subject to the specified conditions–

• Grant for fees (regulations 16 to 18);

• Fee contribution loan (regulation 21);

• Grant for disabled students' living costs (regulation 25);

• Grant for dependants (regulations 26 to 31);

• Grant for travel (regulations 32 to 34);

• Higher education grant (regulation 36); and

• Loans for living costs (Part 6).

A new system eligible student is an eligible student who started their course on or after 1 September 2006 and is continuing on that course after 31 August 2010, or starts their present course on or after 1 September 2010, and is not an old system eligible student.

Regulation 2 of these Regulations introduces two new categories of student, namely a “2010 gap year student” and a “2010 cohort student”. The term 2010 gap year student is defined in regulation 2(13) to (16). A 2010 cohort student is an eligible student who begins the present course on or after 1 September 2010. As such, 2010 cohort students fall within the category of new system eligible students. The definition of 2010 cohort student in regulation 2(1) provides that 2010 gap year students, together with certain other students, are not classed as 2010 cohort students.

In addition, regulation 2(1) (in the definition of “flexible postgraduate ITT course” (“cwrs HCA hyblyg i ôl-raddedigion”) and the definitions of type 1, type 2 and type 3 teacher training student) and regulations 5, 6, 7, 17, 24, 25 and 86 remove the special provisions for eligible full-time and eligible part-time students beginning initial teacher training courses on or after 1 September 2010.

Part 2 of these Regulations concerns eligibility. A minor change has been made to regulation 4, increasing eligibility for support of full-time students where they have already been determined by the Welsh Ministers as being eligible students in connection with a previous designated distance learning course and that status has been converted or transferred from that course to the present course.

Part 3 of these Regulations makes provision for applications for support (regulation 9), time limits for applications (regulation 10) and regulation 11 and Schedule 3 specify the information that must be provided by applicants.

Part 4 of these Regulations provides for fee support, in the form of grants for fees and fee loans. These Regulations provide that a student who is a 2010 cohort student does not qualify for a new fee grant (regulation 19(6)). Regulation 22 provides for the payment of fee loans to new system eligible students who do not qualify for new fee grant. 2010 cohort students fall within that category. Regulation 23 provides for the payment of fee loans to students who qualify for new fee grant.

Part 5 of these Regulations makes provision for grants for living costs which includes grants for travel for certain categories of eligible student. Regulation 31 provides that, in calculating the net income of a dependant (for the purposes of grants for dependants), any payment made to the dependant under section 23C(5A) of the Children Act 1989 is to be disregarded. In addition, these Regulations provide that the amount of maintenance grant or special support grant payable to a new system eligible student differs according to whether the student is a 2010 cohort student (regulations 39 and 42 refer), or is not a 2010 cohort student (regulations 38 and 41 refer). The maximum amount of maintenance grant or special support grant payable to a new system eligible student who is a 2010 cohort student, in respect of an academic year, is £5,000 (regulations 39(1) and 42(1) refer).

Part 6 makes provision for loans for living costs. The amount of loan payable to a new system eligible student may differ according to whether the student is a 2010 cohort student (regulation 48), or is not a 2010 cohort student (regulation 46).

Part 7 sets out general provisions relating to loans made under the Regulations.

Part 8 and Schedule 4 make provision for “college fee loans”. These are loans in respect of the college fees payable by a qualifying student to a college or permanent private hall of the University of Oxford or to a college of the University of Cambridge in connection with attendance of a qualifying student on a qualifying course.

Part 9 and Schedule 5 continue to make provision for the means-testing of students taking designated full-time courses. A contribution from the student is calculated on the basis of household income. The contribution is to be applied to specified grants and loans until it is extinguished against the amount of the particular grants and loans for which the student qualifies. As regards the calculation of the residual income of an eligible student’s parent, paragraph 5(3) of Schedule 5 provides that, where the Welsh Ministers are satisfied that the residual income of the parent in the current financial year (as defined) is likely to be not more than 85 per cent. of the parent’s residual income in the prior financial year, the Welsh Ministers must ascertain the parent’s residual income by reference to the current financial year. A change has also been made to Schedule 5 in that the method of calculating the contribution to be made from a new system eligible student differs according to whether the student is, or is not, a 2010 cohort student (paragraph 9 of Schedule 5 refers).

Part 10 makes provision for payment of grants and loans.

Part 11 makes provision for support to students who are undertaking designated distance learning courses. Regulation 72 provides that an eligible distance learning student may qualify for support under Part 11 despite that student already holding a degree (other than an honours degree). Where such a student begins a distance learning course for the purpose of obtaining an honours degree, that distance learning course need not be a continuation of the student’s degree course at the same educational institution in order for the student to qualify for support (regulation 72(8)).

In respect of grant payable under regulation 72, regulation 74(3) provides that where the Welsh Ministers are satisfied that an eligible distance learning student’s financial resources in the preceding financial year are greater, by £1,000 or more, than his or her financial resources in the current year, the Welsh Ministers must assess that student’s financial resources by reference to the current financial year. Regulation 74 also provides that, in determining the financial resources of an eligible distance learning student, any payment under section 23C(5A) of the Children Act 1989 is to be disregarded.

Part 12 and Schedule 6 make provision for support for part-time courses. A minor change has been made to regulation 85(9), increasing eligibility for support for part-time students where they have already been determined by the Welsh Ministers as being eligible students in connection with a previous designated distance learning course and that status has been converted or transferred from that course to the present course. Under regulation 85, an eligible part-time student may qualify for support under Part 12 of the Regulations despite that student already holding a degree (other than an honours degree). Where such a student begins a part-time course for the purposes of obtaining an honours degree, that part-time course need not be a continuation of the student’s degree course at the same educational institution in order for the student to qualify for support (regulation 85(18)).

Regulation 88 provides that in determining the financial resources of an eligible part-time student, for the purposes of grant payable under that regulation, any payment under section 23C(5A) of the Children Act 1989 is to be disregarded. Regulation 88 also provides that where the Welsh Ministers are satisfied that an eligible part-time student’s financial resources in the preceding financial year are greater, by £1,000 or more, than his or her financial resources in the current financial year, the Welsh Ministers must assess that student’s financial resources by reference to the current financial year. Regulation 96 provides that, in calculating the net income of a dependant (for the purposes of part-time grants for dependants), any payment made under section 23C(5A) of the Children Act 1989 is to be disregarded.

Schedule 6 makes provision for the means testing of part-time students in relation to part-time grants for dependants. In calculating the residual income of an eligible part-time student’s partner, paragraph 4(3) of Schedule 6 provides that where the Welsh Ministers are satisfied that the residual income of the partner in the current financial year (as defined) is likely to be not more than 85 per cent. of the partner’s residual income in the prior financial year, the Welsh Ministers must ascertain the partner’s residual income by reference to the current financial year.

Part 13 makes provision for postgraduate students with disabilities.

Part 14 makes amendments to the 2008 (No.2) Regulations which are minor and typographical in nature.

Footnotes

[^f00001]: 1998 c. 30; section 22 was amended by the Learning and Skills Act 2000 (c. 21), section 146 and Schedule 11, the Income Tax (Earnings and Pensions) Act 2003 (c. 1), Schedule 6, the Finance Act 2003 (c. 14), section 147 and the Higher Education Act 2004 (c. 8), sections 42 and 43 and Schedule 7.

[^f00002]: The functions of the Secretary of State under section 22 of the Teaching and Higher Education Act 1998 (except so far as they relate to the making of any provision authorised by subsection (2)(a), (c), (j) or (k), (3)(e) or (f) or (5) of section 22) were transferred to the National Assembly for Wales by section 44 of the Higher Education Act 2004 and the Higher Education Act 2004 (Commencement No. 2 and Transitional Provision) (Wales) Order 2005 (S.I. 2005/1833 (W.149) (C.79)) as amended by the Higher Education Act 2004 (Commencement No. 2 and Transitional Provision) (Wales) (Amendment) Order 2006 (S.I. 2006/1660 (W.159) (C.56)). The functions of the National Assembly for Wales were transferred to the Welsh Ministers by virtue of paragraphs 30(1) and 30(2)(a) of Schedule 11 to the Government of Wales Act 2006 (c. 32).

[^f00003]: 1962 c. 12; sections 1 to 4 and Schedule 1 were substituted by the provisions set out in Schedule 5 to the Education Act 1980 (c. 20). Section 1(3)(d) was amended by the Education (Grants and Awards) Act 1984 (c. 11), section 4. Section 4 was amended by the Education Act 1994 (c. 30), Schedule 2, paragraph 2. The entire Act was repealed by the Teaching and Higher Education Act 1998 (c. 30), section 44(2) and Schedule 4, subject to the transitional provisions and savings set out in the Teaching and Higher Education Act 1998 (Commencement No. 4 and Transitional Provisions) Order 1998 (S.I. 1998/3237), article 3.

[^f00004]: S.I 1998/2003.

[^f00005]: S.I. 1999/496, amended by S.I. 1999/2266 and S.I. 2000/1120.

[^f00006]: S.I. 2000/1121, amended by S.I. 2000/1490, S.I. 2000/2142 and S.I. 2000/2912.

[^f00007]: S.I. 2001/951, amended by S.I. 2001/1730, S.I. 2001/2355 and S.I. 2002/174.

[^f00008]: S.I. 2002/195, amended by S.I. 2002/1318, S.I. 2002/2088 and S.I. 2002/3059.

[^f00009]: S.I. 2002/3200.

[^f00010]: S.I. 2003/3280.

[^f00011]: S.I. 2004/161.

[^f00012]: S.I. 2004/1602.

[^f00013]: S.I. 2004/2041.

[^f00014]: S.I. 2003/1065.

[^f00015]: S.I. 2004/2598.

[^f00016]: S.I. 2005/5.

[^f00017]: S.I. 2005/1341.

[^f00018]: S.I. 2005/2084.

[^f00019]: S.I. 2005/52 as amended by S.I. 2005/1341, S.I. 2005/2084, S.I. 2005/3482 and S.I. 2006/955.

[^f00020]: S.I. 2006/126 (W.19).

[^f00021]: S.I. 2006/1863 (W.196).

[^f00022]: S.I. 2007/1045 (W.104).

[^f00023]: S.I. 2007/2312 (W.183).

[^f00024]: S.I. 2007/2851 (W.248).

[^f00025]: S.I. 2007/3230 (W.282).

[^f00026]: S.I. 2008/1273 (W.130).

[^f00027]: S.I. 2008/ 2140 (W.189).

[^f00028]: S.I. 2008/3170 (W.283) as amended by S.I. 2009/2156 (W.180).

[^f00029]: OJ L158, 30.04.2004, p.77—123.

[^f00030]: S.I. 2004/1729 (W.173), as amended by S.I. 2007/2811 (W.238) and S.I. 2008/215 (W.26).

[^f00031]: ERASMUS is part of the European Community action programme SOCRATES; OJ No L28, 3.2.2000, p.1.

[^f00032]: This body was originally established under section 1 of the Education Act 1994 (c. 30) as the Teacher Training Agency. By virtue of section 74 of the Education Act 2005 (c. 18), it continues in existence but is to be known instead as the Training and Development Agency for Schools.

[^f00033]: See sections 85—90 of the Education Act 2005 for HEFCW’s function in relation to teacher training.

[^f00034]: 1968 c. 46; section 63 was amended by the National Health Service (Scotland) Act 1972 (c. 58), Schedule 7, the National Health Service Reorganisation Act 1973 (c. 32), Schedules 4 and 5, the National Health Service Act 1977 (c. 49), Schedules 15 and 16, the National Health Service (Scotland) Act 1978 (c. 29), Schedules 16 and 17, the Local Government Act 1985 (c. 51), Schedule 17, the Health and Medicines Act 1988 (c. 49), section 20, section 25(2) and Schedule 3, the Local Government (Scotland) Act 1994 (c. 39), Schedule 13, the Health Authorities Act 1995 (c. 17), Schedule 1, the Local Government Reorganisation (Wales) (Consequential Amendments No. 2) Order 1996 (S.I. 1996/1008), the National Health Service (Primary Care) Act 1997 (c. 46), Schedule 2, the Health Act 1999 (c. 8), Schedule 4, the Health and Social Care Act 2001 (c. 15), Schedule 5, the National Health Service Reform and Health Care Professions Act 2002 (c. 17), Schedules 2, 5 and 9, the National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc Provisions) Regulations 2002 (S.I. 2002/2469), Schedule 1, the Health and Social Care (Community Health and Standards) Act 2003 (c. 43), Schedules 4, 11 and 14, the Health and Social Care (Community Health and Standards) Act 2003 Commencement (No. 2) Order 2004 (S.I. 2004/288), article 7, the Health and Social Care (Community Health and Standards) Act 2003 (Commencement No. 1) (Wales) Order 2004 (S.I. 2004/480), S.I. 2004/288, article 7; the Children Act 2004 (c. 31), section 55; S.I. 2004/957, the Schedule; the National Health Service (Consequential Provisions) Act 2006 (c. 43), Schedule 1 and S.I. 2007/961, the Schedule.

[^f00035]: S.I. 1972/1265 (N.I. 14) to which there have been amendments not relevant to these Regulations.

[^f00036]: The University of London Institute in Paris was formerly known as the British Institute in Paris. The British Institute in Paris formally changed its name on 1 January 2005.

[^f00037]: S.I. 2003/1994, amended by S.I. 2004/1038, S.I. 2004/1792, S.I. 2005/2083, S.I. 2005/3137, S.I. 2005/3482, S.I. 2006/930, S.I. 2007/1629, S.I. 2008/1477 and the Education Act 2005, section 74.

[^f00038]: 2002 c. 41. Section 104 was amended by the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (c. 19), Schedules 2 and 4 and the Immigration, Asylum and Nationality Act 2006 (c. 13), section 9.

[^f00039]: 2002 c. 32.

[^f00040]: Cmnd. 9171.

[^f00041]: Cmnd. 3906 (out of print; photocopies are available, free of charge, from the Student Support Division, Department for Business, Innovation and Skills, Mowden Hall, Staindrop Road, Darlington DL3 9BG).

[^f00042]: 1980 c. 44; section 73(f) was amended by the Teaching and Higher Education Act 1998 (c. 30), section 29(1) and the Education (Graduate Endowment and Student Support) (Scotland) Act 2001 (asp 6), section 3(2) and section 74 was amended by the Self Governing Schools etc. (Scotland) Act 1989 (c. 39), Schedule 10, paragraph 8(17). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

[^f00043]: 1990 c. 6; repealed by the Teaching and Higher Education Act 1998 (c. 30), Schedule 4.

[^f00044]: S.I. 1990/1506 (N.I. 11), amended by S.I. 1996/1274 (N.I. 1), Article 43 and Schedule 5 Part II, S.I. 1996/1918 (N.I. 15), Article 3 and the Schedule and S.I. 1998/258 (N.I. 1), Articles 3 to 6 and revoked, with savings, by SR (NI) 1998 No 306.

[^f00045]: S.I.1998/1760 (N.I. 14) to which there have been amendments not relevant to these Regulations.

[^f00046]: S.I 1998/1166, amended by S.I.1998/1972 and revoked with savings by S.I. 1999/1494.

[^f00047]: 2004 c. 8.

[^f00048]: S.S.I. 2007/151, as amended by S.S.I. 2007/503.

[^f00049]: 2002 c. 41.

[^f00050]: 1992 c. 13; section 65(3A) was inserted by the Teaching and Higher Education Act 1998 (c. 30), section 27.

[^f00051]: S.I. 1999/2263, amended by S.I. 2001/2893.

[^f00052]: 1992 c. 13; section 65(3A) was inserted by the Teaching and Higher Education Act 1998 (c. 30), section 27.

[^f00053]: 2006 c. 41.

[^f00054]: 2006 c. 42.

[^f00055]: 1978 c. 29.

[^f00056]: S.I. 1972/1265 (N.I. 14), to which there have been amendments not relevant to these Regulations.

[^f00057]: 1996 c. 56; section 312 was amended by the Education Act 1997 (c. 44), Schedule 7, paragraph 23, the Schools Standards and Framework Act 1998 (c. 31), section 140, Schedule 30, paragraph 71 and Schedule 31 and the Learning and Skills Act 2000 (c. 21), Schedule 9, paragraph 56 and the Education and Inspections Act 2006 (c. 40), Schedule 1, paragraph 3.

[^f00058]: 2002 (c. 21) to which there are amendments not relevant to these Regulations.

[^f00059]: Regulation 14 of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 (S.I. 2002/2005) as amended by S.I. 2003/701, S.I. 2003/2815, S.I. 2004/762, S.I. 2004/1276, S.I. 2004/2663, S.I. 2005/769, S.I. 2005/2919, S.I. 2006/766, S.I 2007/824, S.I. 2007/2479, S.I. 2008/604, S.I. 2008/2169 and S.I. 2009/697 sets out the charges that are prescribed, and thus relevant childcare charges, for the purposes of section 12 of the Tax Credits Act 2002.

[^f00060]: 1992 c. 4 to which there are amendments not relevant to these Regulations.

[^f00061]: 2002 c. 38.

[^f00062]: 1989 c. 41. Section 23 was amended by the Courts and Legal Services Act 1990 (c. 41), Schedule 16, paragraph 12, the Care Standards Act 2000 (c. 14), Schedule 4, paragraph 14, the Children Act 2004 (c. 31), section 49(3) and the Children and Young Persons Act 2008, Schedule 3, paragraphs 1 and 7.

[^f00063]: Subsections (5A) to (5C) of section 23C of the Children Act 1989 were inserted, in relation to England, by section 21 of the Children and Young Persons Act 2008 and S.I. 2009/268 and S.I. 2009/ 2273 refer.

[^f00064]: There are amendments to sections 15 and 24 and Schedule 1 which are not relevant to these Regulations.

[^f00065]: 2002 c. 21 to which there are amendments not relevant to these Regulations.

[^f00066]: 1992 c. 4. The relevant regulation is regulation 4ZA of the Income Support (General) Regulations 1987 (S.I. 1987/1967). Regulation 4ZA was inserted by S.I. 1996/206, amended by S.I. 2000/1981 and S.I. 2006/2144; there are other amending instruments but none are relevant.

[^f00067]: There are amendments to section 130 which are not relevant to these Regulations. The relevant regulation is regulation 56 of the Housing Benefit Regulations 2006 (S.I. 2006/213 as amended by S.I. 2006/718).

[^f00068]: S.S.I. 2007/151, amended by S.S.I. 2007/503.

[^f00069]: 2002 c. 41. Section 104 was amended by the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (c. 19), Schedules 2 and 4 and the Immigration, Asylum and Nationality Act 2006 (c. 13), section 9.

[^f00070]: S.I. 1998/1760 (N.I.14), to which there are amendments not relevant to these Regulations.

[^f00071]: 1980 c. 44; section 73(f) was amended by the Teaching and Higher Education Act 1998 (c. 30), section 29(1) and the Education (Graduate Endowment and Student Support) (Scotland) Act 2001 (asp 6), section 3(2). Section 73B was inserted by section 29(2) of the Teaching and Higher Education Act 1998 and was amended by section 34(1) of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

[^f00072]: 1992 c. 4; Part VII was amended by the Housing Act 1991 (c. 52), Schedule 19; the Local Government Finance Act 1992 (c. 14), Schedule 9 and Schedule 14; the Jobseekers Act 1995 (c. 18), Schedule 2 and Schedule 3; the Housing Act 1996 (c. 52), Schedule 19 Part 6; the Welfare Reform and Pensions Act 1999 (c. 30), Schedule 8; the Health and Social Care Act 2001 (c. 15), Schedule 6 Part 3; the State Pension Credit Act 2002 (c. 16), Schedule 2 and Schedule 3, the Tax Credits Act 2002 (c. 21), Schedule 6; the Income Tax (Earnings and Pensions) Act 2003 (c. 1), Schedule 6, paragraphs 169 and 179, the Civil Partnership Act 2004 (c. 33), Schedule 24 and the Welfare Reform Act 2007 (c. 40), Sections 30(2) and 31(1), Schedule 3, Schedule 5 and Schedule 8; S.I. 2008/632, S.I. 2008/787 and S.I. 2009/497.

[^f00073]: 1995 c. 18; Part I was amended by the Employment Rights Act 1996 (c. 18), Schedule 1; the Social Security Act 1998 (c. 14), Schedules 7 and 8; the Welfare Reform and Pensions Act 1999 (c. 30), Schedules 1, 7, and 8; the State Pension Credit Act 2002 (c. 16), Schedule 2; the National Insurance Contributions Act 2002 (c. 19), Schedule 1; the Income Tax (Earnings and Pensions) Act 2003 (c. 18), Schedule 6; the Civil Partnership Act 2004 (c. 33), Schedule 24 and S.I. 2006/343; and the Welfare Reform Act 2007, Schedule 3.

[^f00074]: 1973 c. 50; section 2 as substituted by the Employment Act 1988 (c. 19) was amended by the Employment Act 1989 (c. 38), Schedule 7. Subsections (3A) and (3B) were inserted by the Trade Union Reform and Employment Rights Act 1993 (c. 19), section 47 in relation to Scotland only.

[^f00075]: 2007 c. 5.

[^f00076]: 2002 c. 21, section 3 was amended by the Civil Partnership Act 2004, section 254 and Schedule 24.

[^f00077]: 1992 c. 13; section 65(3A) was inserted by the Teaching and Higher Education Act 1998 (c. 30), section 27.

[^f00078]: 1996 c. 56; section 312 was amended by the Education Act 1997 (c. 44), Schedule 7, paragraph 23, the Schools Standards and Framework Act 1998 (c. 31), section 140, Schedule 30, paragraph 71 and Schedule 31 and the Learning and Skills Act 2000 (c. 21), Schedule 9, paragraph 56 and the Education and Inspections Act 2006 (c. 40), Schedule 1, paragraph 3.

[^f00079]: 2002 (c. 21) to which there are amendments not relevant to these Regulations.

[^f00080]: Regulation 14 of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 (S.I. 2002/2005) as amended by S.I. 2003/701, S.I. 2003/2815, S.I. 2004/762, S.I. 2004/1276, S.I. 2004/2663, S.I. 2005/769, S.I. 2005/2919, S.I. 2006/766, S.I 2007/824, S.I. 2007/2479, S.I. 2008/604 and S.I. 2008/1879 sets out the charges that are prescribed, and thus relevant childcare charges, for the purposes of section 12 of the Tax Credits Act 2002.

[^f00081]: 1992 c. 4 to which there are amendments not relevant to these Regulations.

[^f00082]: 2002 c. 38.

[^f00083]: 1989 c. 41. Section 23 was amended by the Courts and Legal Services Act 1990 (c. 41), Schedule 16, paragraph 12, the Care Standards Act 2000 (c. 14), Schedule 4, paragraph 14 and the Children Act 2004 (c. 31), section 49(3).

[^f00084]: There are amendments to sections 15 and 24 and Schedule 1 which are not relevant to these Regulations.

[^f00085]: 2002 c. 21 to which there are amendments not relevant to these Regulations.

[^f00086]: This body was established under section 1 of the Further and Higher Education (Scotland) Act 2005 (asp 6).

[^f00087]: 2000 c. 14.

[^f00088]: 1992 c. 13; section 65(3A) was inserted by the Teaching and Higher Education Act 1998 (c. 30), section 27.

[^f00089]: 1971 c. 77; section 33(2A) was inserted by paragraph 7 of Schedule 4 to the British Nationality Act 1981 (c. 61).

[^f00090]: Cm. 4904.

[^f00091]: OJ No L257, 19.10.1968, p.2. (OJ/SE 1968 (II) p.475).

[^f00092]: EEA Agreement means the Agreement on the European Economic Area signed at Oporto on 2 May 1992 — Cm 2073, as adjusted by the Protocol signed at Brussels on 17 March 1993, Cm 2183.

[^f00093]: 1973 c. 18; section 23 was amended by the Administration of Justice Act 1982 (c. 53), section 16. Section 25B was inserted by the Pensions Act 1995 (c. 26), section 116(1) and was amended by the Welfare Reform and Pensions Act 1999 (c. 30), Schedule 4. Section 25E was inserted by the Pensions Act 2004 (c. 35), section 319(1), Schedule 12, paragraph 3.