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The Education (Student Support) (Wales) Regulations 2012

Type Welsh-Statutory-Instrument

Publication 2012-12-12

Last updated 2017-02-17

State In force

Jurisdiction Wales

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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

(2) The events are—

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

(b) the student, the student’s spouse, civil partner or parent (as defined in Part 1 of Schedule 1) is recognised as a refugee or becomes a person with leave to enter or remain;

(c) the state of which the student is a national accedes to the European Union 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.

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

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

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

Increases in maximum amount

61

(1) Where an eligible student is required to attend the eligible student’s course for a period exceeding 30 weeks and 3 days in an academic year, the maximum amount of loan for living costs specified in regulations 51 to 55 must be increased for each week or part week of attendance in that academic year beyond 30 weeks and 3 days by, for such a student in—

(a) category 1, £60;

(b) category 2, £115;

(d) category 4, £125;

(e) category 5, £90.

(2) Where an eligible student attends the eligible student’s course for a period of not less than 45 weeks in any continuous period of 52 weeks the amount of loan for living costs specified in regulations 51 to 55 is increased for each week in the 52 week period during which the eligible student did not attend by the amounts referred to in paragraph (1).

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

Deductions from loans for living costs

62

(1) A deduction from the amount of loan for living costs calculated under this Part in respect of an old system eligible student with full entitlement or a new system eligible student with full entitlement may be made in accordance with regulation 67.

(2) A deduction from the amount of loan for living costs calculated under this Part in respect of a student with reduced entitlement may not be made under regulation 67.

Interpretation of Part 6

63

In this Part—

(a) a student is in category 1 if—

(i) subject to regulation 57, the student resides at the student’s parents' home while attending the course; or

(ii) the student began the present course before 1 September 2009 and is a member of a religious order who resides in a house of that order;

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

(i) a course at the University of London;

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

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

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

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

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

(f) a “new system eligible student with full entitlement” (“myfyriwr cymwys o dan y drefn newydd sydd â hawlogaeth lawn”) is a new system eligible student other than a student with reduced entitlement;

(g) an “old system eligible student with full entitlement” (“myfyriwr cymwys o dan yr hen drefn sydd â hawlogaeth lawn”) is an old system eligible student other than a student with reduced entitlement;

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

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

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

(i) is not eligible for a grant for living costs in respect of the academic year by virtue of regulation 28(3)(a) or (b) or regulation 28(7); or

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

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

PART 7 — GENERAL LOAN PROVISIONS

Additional amount of loans

64

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

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

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

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

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

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

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

PART 8 — COLLEGE FEE LOANS

College fee loans

65

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

PART 9 — FINANCIAL ASSESSMENT

Calculation of contribution

66

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

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

Application of contribution

67

(1) Subject to paragraphs (2) to (7), an amount equal to the contribution or the remainder of the contribution, as the case may be, calculated under Schedule 5, is to be applied until it is extinguished against the amount of the particular grants and loans for which the eligible student qualifies as follows—

(a) first, to reduce GFF;

(b) second, to reduce ADG;

(d) fourth, to reduce PLA;

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

(f) sixth, to reduce GFT.

(2) In the case of an old system eligible student, subject to paragraph (4), where the basic amount of the grant for fees has been calculated in accordance with regulation 17(1) or 17(7), to determine the actual amount of grant for fees that is payable, the Welsh Ministers must apply the contribution in accordance with paragraph (1).

(3) In the case of an old system eligible student where the basic amount of the grant for fees has been calculated in accordance with regulation 17(2) or 17(8) and one of the circumstances set out in regulation 17(4)(b) or (d) applies, to determine the actual amount of grant for fees payable the Welsh Ministers must—

(a) first, apply the contribution to reduce the basic amount of the grant for fees;

(b) second, if the contribution is not extinguished, deduct an amount equal to the basic amount of the grant for fees from what is left of the contribution reducing the remainder of the contribution to no less than nil; and

(c) third, if the contribution is still not extinguished, apply the remainder first to reduce ADG and paragraph (1) is modified accordingly.

(4) Where the course is a course for the initial training of teachers (other than a course for a first degree), there is no contribution applied against the basic amount of the grant for fees and the contribution is first applied to reduce ADG and paragraph (1) is modified accordingly.

(5) In the case of an Erasmus year, the Welsh Ministers must apply the amount by which the contribution exceeds £1,380 first to reduce ADG and paragraph (1) is modified accordingly.

(6) Where the student does not qualify for a grant for fees for any other reason, GFF is nil and the contribution is applied first to reduce ADG and paragraph (1) is modified accordingly.

(7) In the case of a new system eligible student, GFF is to be treated as nil and the contribution is applied first to reduce ADG and paragraph (1) is modified accordingly.

(8) In this regulation—

(a) ADG is the amount, if any, of the adult dependants' grant calculated in accordance with regulation 34;

(b) CCG is the amount, if any, of the childcare grant calculated in accordance with regulation 34;

(d) GFT is the amount of the grant for travel for which the eligible student qualifies under regulation 37, if any;

(e) LLC is the amount of loan for living costs, if any, for which the eligible student (other than a student with reduced entitlement) qualifies under Part 6 to no less than the minimum level for the academic year specified in paragraph (9);

(f) PLA is the amount, if any, of the parents' learning allowance calculated under regulation 34 (except the first £50 of the allowance).

(9) Subject to paragraphs (10) and (11), the “minimum level for the academic year” (“lefel isaf am y flwyddyn academaidd”) in regulation 67(1)(e) is, in the case of a student in—

(a) category 1, £2,990;

(b) category 2, £5,412;

(d) category 4, £4,606;

(e) category 5, £3,863.

(10) Subject to paragraph (11), where the academic year in question is the final year of a course other than an intensive course, the “minimum level for the academic year” (“lefel isaf am y flwyddyn academaidd”) is, in the case of a student in—

(a) category 1, £2,706;

(b) category 2, £4,928;

(d) category 4, £4,005;

(e) category 5, £3,578.

(11) Where different categories apply to an eligible student for different quarters of the academic year, the minimum levels in paragraphs (9) and (10) are the aggregate of the amounts determined under paragraph (11) for each of the three quarters in respect of which a loan is payable.

(12) The amount determined for each quarter is one third of the amount in paragraph (9) or (10) which corresponds to the rate applicable for the quarter.

(13) This paragraph applies to type 1 and type 2 teacher training students who qualify for a maintenance grant and whose contribution exceeds nil.

(14) The loan for living costs payable in respect of an academic year to a student to whom paragraph (13) applies is calculated as follows—

A − B

where

A is the amount of loan for living costs left after applying the contribution in accordance with this Part; and

B is the amount of maintenance grant payable to the eligible student.

(15) Categories 1 to 5 have the meaning given in regulation 63.

PART 10 — PAYMENTS

Payment of grants or loans for fees for old system eligible students

68

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

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

(3) The Welsh Ministers must not pay the grant for fees or fee contribution loan—

(a) unless they have received a request for payment from the relevant academic authority; and

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

(4) The Welsh Ministers must pay the grant for fees not later than 10 weeks after the expiry of the period in paragraph (3)(b), or promptly after a request for payment has been received which the Welsh Ministers consider to be a valid request, if that is later.

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

(6) No payment of the grant for fees or fee contribution loan may be made in respect of a designated course if—

(a) before the expiry of a period of three months beginning with the first day of the academic year, the old system eligible student ceases to attend or, in the case of a student who is treated as in attendance under regulation 13(3) and 13(4), ceases to undertake the course; and

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

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

Payment of grants or loans for fees for new system eligible students

69

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

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

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

(a) a request for payment; and

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

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

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

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

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

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

Payment of grants for living costs

70

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(d) any remaining overpayment is recoverable in accordance with regulation 74.

Provision of United Kingdom national insurance number

71

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

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

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

Information requirements

72

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

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

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

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

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

Payment of loans for living costs

73

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Overpayments

74

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(a) the overpayment is a result of a failure of the student to provide promptly information which might affect whether the student qualifies for a loan or the amount of loan for which the student qualifies;

(b) any information which the student has provided is inaccurate in a material particular; or

(c) the student has failed to provide information which the Welsh Ministers consider to be material in the context of the recovery of the loan.

(11) Where an overpayment of a loan for living costs is recoverable in accordance with paragraph (10), it may be recovered in whichever one or more of the following ways the Welsh Ministers consider appropriate in all the circumstances—

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

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

(12) Where there has been an overpayment of a loan for living costs which is not recoverable under paragraph (10), the Welsh Ministers may subtract the overpayment from the amount of any loan payable to the student from time to time pursuant to regulations made by the Welsh Ministers under section 22 of the 1998 Act.

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

Payments — interpretation

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In this Part—

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

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

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

(bb) has a disability; and

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

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

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

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

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

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

(aa) other than for the first time; or

(bb) for the first time after the student’s status as an eligible student has been transferred to that course from another course at the same institution;

(b) “payment period” (“cyfnod talu”) means a period in respect of which the Welsh Ministers pay the relevant support under Part 5 or Part 6 or would have paid such support if the eligible student’s period of eligibility had not terminated.

PART 11 — SUPPORT FOR FULL-TIME DISTANCE LEARNING COURSES

Eligible distance learning students

76

(1) An eligible distance learning student qualifies for support in connection with the eligible distance learning student undertaking a designated distance learning course subject to and in accordance with this Part.

(2) Subject to paragraphs (3) and (8), a person is an eligible distance learning student in connection with a designated distance learning course if in assessing the person’s application for support under regulation 84 the Welsh Ministers determine that the person falls within one of the categories set out in Part 2 of Schedule 1.

(3) Subject to paragraph (8), a person (“A” in this paragraph) is not an eligible distance learning student if—

(a) subject to paragraph (4), there has been bestowed on A or paid to A in connection with the distance learning course—

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

(ii) any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 2007[^f00061]; or

(iii) a Scottish healthcare allowance whether or not the amount of such allowance is calculated by reference to A’s income;

(b) A is in breach of any obligation to repay any loan;

(c) A has reached the age of 18 and has not ratified any agreement for a loan made with A when A was under the age of 18;

(d) A has, in the opinion of the Welsh Ministers, shown by A’s conduct that A is unfitted to receive support under this Part; or

(e) subject to paragraph (5), A is a prisoner.

(4) Paragraph (3)(a) does not apply if—

(a) the person applying for support under this Part is a disabled student; and

(b) there has been bestowed on or paid to the person in connection with the distance learning course—

(i) a healthcare bursary the amount of which is calculated by reference to the person’s income; or

(ii) a Scottish Healthcare Allowance whether or not the amount of such allowance is calculated by reference to the person’s income.

(5) Paragraph (3)(e) does not apply in respect of an academic year during which the eligible distance learning student enters prison to serve a custodial sentence or is released from prison having served such a sentence.

(6) For the purposes of paragraphs (3)(b) and (3)(c), “loan” (“benthyciad”) means a loan made under the student loans legislation.

(7) In a case where the agreement for a loan is subject to the law of Scotland, paragraph (3)(c) 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 the borrower had no curator.

(8) Subject to paragraphs (10) to (12), a person is an eligible distance learning student for the purposes of this Part if the person satisfies the conditions in paragraph (9)(a) or (b).

(9) The conditions referred to in paragraph (8) are—

(a) the—

(i) person qualified as an eligible distance learning student in connection with an earlier academic year of the present distance learning course pursuant to regulations made by the Welsh Ministers under section 22 of the 1998 Act;

(ii) person was ordinarily resident in Wales on the first day of the present distance learning course; and

(iii) person’s status as an eligible distance learning student has not terminated;

(b) the—

(i) Welsh Ministers have previously determined that the person is an eligible—

(aa) student in connection with a designated course;

(bb) distance learning student in connection with a designated distance learning course other than the present distance learning course; or

(cc) part-time student in connection with a designated part-time course;

(ii) person’s status as an eligible student, eligible distance learning student or as an eligible part-time student in connection with the course referred to in sub-paragraph (b)(i) has been converted or transferred from that course to the present distance learning 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 1998 Act;

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

(iv) person’s status as an eligible distance learning student has not terminated.

(10) Where—

(a) the Welsh Ministers determined that, by virtue of being a refugee or the spouse, civil partner, child or step-child of a refugee, a person (“A” in this paragraph) was an eligible distance learning student in connection with an application for support for an earlier year of the present distance learning course or an application for support in connection with a designated course, designated part-time course or other designated distance learning course from which A’s status as an eligible student, eligible part-time student or eligible distance learning student has been transferred to the present distance learning course; and

(b) as at the day before the academic year in respect of which A is applying for support begins, the refugee status of A or of A’s spouse, civil partner, parent (as defined in Part 1 of Schedule 1) 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[^f00062]),

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

(11) Where—

(a) the Welsh Ministers 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” in this paragraph) was an eligible distance learning student in connection with an application for support for an earlier year of the present distance learning course or an application for support in connection with a designated course, designated part-time course or other designated distance learning course from which A’s status as an eligible student, eligible part-time student or eligible distance learning student has been transferred to the present distance learning course; and

(b) as at the day before the academic year in respect of which A is applying for support begins, 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 distance learning student terminates immediately before the first day of the academic year in respect of which A is applying for support.

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

(13) An eligible distance learning student may not, at any one time, qualify for support under these Regulations for—

(a) more than one designated distance learning course;

(b) a designated distance learning course and a designated course;

(d) a designated distance learning course and a designated postgraduate course.

Students becoming eligible during the course of the academic year

77

(1) Where one of the events listed in paragraph (4) occurs in the course of an academic year—

(a) a student may qualify for a grant in respect of fees in respect of that academic year in accordance with this Part provided that the relevant event occurred within the first three months of the academic year; and

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

(2) Where one of the events listed in sub-paragraphs (a), (b), (e), (f), (g), (h) or (i) of paragraph (4) occurs in the course of an academic year—

(a) a student may qualify for a grant for books, travel and other expenditure in respect of that academic year in accordance with this Part; and

(b) a grant for books, travel and other expenditure is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.

(3) Where one of the events listed in sub-paragraphs (a), (b), (e), (f), (g), (h) or (i) of paragraph (4) occurs in the course of an academic year—

(a) a student may qualify for a grant for disabled distance learning students' living costs in respect of that academic year in accordance with this Part; and

(b) a grant for disabled distance learning students' living costs is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.

(4) The events are—

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

(b) the student, the student’s spouse, civil partner or parent (as defined in Part 1 of Schedule 1) is recognised as a refugee or becomes a person with leave to enter or remain;

(c) a state accedes to the European Union and 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 EU national;

(e) the state of which the student is a national accedes to the European Union 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;

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

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

(h) the student becomes the child of a Swiss national; or

(i) the student becomes the child of a Turkish worker.

Designated distance learning courses

78

(1) A course is designated for the purposes of section 22(1) of the 1998 Act and regulation 76 if it is designated by the Welsh Ministers under this regulation.

(2) Subject to paragraph (4), the Welsh Ministers may designate a course under this regulation if in their opinion—

(a) the course is listed in Schedule 2 other than a course for the initial training of teachers;

(b) the course is a full-time course;

(d) students undertaking the course in the United Kingdom are not required to be in attendance on it by the institution providing the course; and

(e) subject to paragraph (5), the course began before 1 September 2012.

(3) For the purposes of determining whether the requirement in paragraph (2)(d) is satisfied the Welsh Ministers may disregard—

(a) any requirement imposed by the institution providing the course to attend any institution for the purposes of—

(i) registration or enrolment;

(ii) an examination;

(b) any requirement imposed by the institution providing the course to attend any institution on a weekend or during any vacation;

(c) any period of attendance at the institution providing the course which a student may but is not required to complete by that institution.

(4) The Welsh Ministers may not designate a course as a designated distance learning course if—

(a) it falls within paragraph 7 or 8 of Schedule 2; and

(b) the governing body of a maintained school has arranged for the provision of the course to a pupil of the school.

(5) A course which begins on or after 1 September 2012 is a designated distance learning course where—

(a) a student transfers to that course pursuant to regulation 87 from a previous designated distance learning course which began before 1 September 2012; and

(b) that course would otherwise be a designated course for the purposes of regulation 5.

Period of eligibility

79

(1) A student’s status as an eligible distance learning student is retained in connection with a designated distance learning course until that status terminates in accordance with this regulation or regulation 76.

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

(3) Subject to the following paragraphs and regulation 76, the period of eligibility terminates at the end of the academic year in which the eligible distance learning student completes the designated distance learning course.

(4) The period of eligibility terminates when the eligible distance learning student (“A” in this paragraph and in paragraph (5))—

(a) withdraws from A’s designated distance learning course in circumstances where the Welsh Ministers have not transferred or converted or will not transfer or convert A’s status under regulation 87, 88, 89, or 113; or

(b) abandons or is expelled from A’s designated distance learning course.

(5) The Welsh Ministers may terminate the period of eligibility where in their opinion A has shown by A’s conduct that A is unfitted to receive support under these Regulations.

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

(a) terminate the period of eligibility;

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

(c) treat any support paid to the student under these Regulations as an overpayment which may be recovered under regulation 92.

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

Support for distance learning courses

80

(1) For the purposes of this regulation, the support available is—

(a) a grant in respect of fees not exceeding the lesser of the following amounts—

(i) £1,025; or

(ii) the actual fees, being the amount of fees charged to the eligible distance learning student in respect of an academic year of the designated distance learning course; and

(b) a grant not exceeding £1,155 for books, travel and other expenditure in connection with the designated distance learning course.

(2) An eligible distance learning student does not qualify for support under paragraph (1)(b) if the only paragraph in Part 2 of Schedule 1 into which the eligible distance learning student falls is paragraph 9.

(3) An eligible distance learning student does not qualify for support under this regulation if—

(a) the eligible distance learning student is a disabled student; and

(b) there has been bestowed on or paid to the eligible distance learning student in connection with the designated distance learning course—

(i) a healthcare bursary the amount of which is calculated by reference to the eligible distance learning student’s income; or

(ii) a Scottish healthcare allowance whether or not the amount of such allowance is calculated by reference to the eligible distance learning student’s income.

(4) An eligible distance learning student does not qualify for support under this regulation unless the Welsh Ministers consider that the eligible distance learning student is undertaking the designated distance learning course in Wales on the first day of the first academic year.

(5) An eligible distance learning student will no longer qualify for support under this regulation if the Welsh Ministers consider that the eligible distance learning student is undertaking the designated distance learning course outside the United Kingdom.

(6) An eligible distance learning student does not qualify for support under this regulation if the eligible distance learning student has undertaken one or more distance learning courses for eight academic years in aggregate and the eligible distance learning student has received in respect of each of those academic years a loan or a grant of the kind described in paragraph (7).

(7) The loans and grants are—

(a) a loan, a grant in respect of fees or a grant for books, travel and other expenditure each made in respect of an academic year of a distance learning course pursuant to regulations made under section 22 of the 1998 Act;

(b) a loan, a grant in respect of fees or a grant for books, travel and other expenditure each made in respect of an academic year of a distance learning course by the Department for Employment and Learning (Northern Ireland) pursuant to regulations made under Articles 3 and 8(4) of the Education (Student Support) (Northern Ireland) Order 1998[^f00063]; or

(c) a loan in respect of an academic year of a distance learning course made pursuant to regulations made under sections 73(f), 73B and 74(1) of the Education (Scotland) Act 1980[^f00064].

(8) An eligible distance learning student does not qualify for support under this regulation if the eligible distance learning student holds a first degree from an educational institution in the United Kingdom.

(9) For the purposes of paragraph (7), a degree is not to be treated as a first degree where—

(a) it is a degree (other than an honours degree) that has been awarded to the eligible distance learning student who has completed the required modules, examinations or other forms of assessment for the eligible distance learning student’s first degree course; and

(b) that student is undertaking the present distance learning course so as to obtain an honours degree on completion of the required modules, examinations or other forms of assessment (whether or not that student continues the course at the same educational institution after the award of the degree referred to in sub-paragraph (a)).

(10) No support is payable to an eligible distance learning student under these Regulations in connection with that student undertaking a distance learning course that is not a designated distance learning course.

Amount of support

81

(1) Subject to paragraph (2) and regulation 87(6), the amount of support payable under regulation 80 in respect of an academic year is as follows—

(a) if at the date of the eligible distance learner student’s application the eligible distance learning student or the eligible distance learning student’s partner is entitled—

(i) under Part VII of the Social Security Contributions and Benefits Act 1992[^f00065] to income support, housing benefit or council tax benefit;

(ii) under Part 1 of the Jobseekers Act 1995[^f00066] to income-based jobseeker’s allowance or under section 2 of the Employment and Training Act 1973[^f00067] to an allowance under the arrangements known as the New Deal; ...

(iii) under Part 1 of the Welfare Reform Act 2007[^f00068] to an income-related employment and support allowance ;

(iv) to universal credit; or

(v) to a reduction under a council tax reduction scheme;

the maximum amount of support available under regulation 80(1) is payable;

(b) where the relevant income is less than £16,865, the maximum amount of support available under regulation 80(1) is payable;

(c) where the relevant income is £16,865, the maximum amount of support available under regulation 80(1)(b) is payable together with £50 less than the maximum amount of support available under regulation 80(1)(a);

(d) where the relevant income exceeds £16,865 but is less than £25,435, the maximum amount of support available under regulation 80(1)(b) is payable and the amount of support payable under regulation 80(1)(a) is the amount determined in accordance with paragraph (2);

(e) where the relevant income is £25,435, the maximum amount of support available under regulation 80(1)(b) is payable and the amount of support payable under regulation 80(1)(a) is £50;

(f) where the relevant income exceeds £25,435 but is less than £26,095, the maximum amount of support available under regulation 80(1)(b) is payable and no support is payable under regulation 80(1)(a);

(g) where the relevant income is £26,095 or more but less than £28,180 no support is available under regulation 80(1)(a) and the amount of support payable under regulation 80(1)(b) is the amount left after deducting from the maximum amount of support available under regulation 80(1)(b) £1 for every £1.886 by which the relevant income exceeds £26,095;

(h) where the relevant income is £28,180, no support is payable under regulation 80(1)(a) and the amount of support payable under regulation 80(1)(b) is £50;

(i) where the relevant income exceeds £28,180 no support is payable under regulation 80(1).

(2) Where paragraph (1)(d) applies, the amount of support payable under regulation 80(1)(a) is determined by deducting from the maximum amount of support available under regulation 80(1)(a) one of the following amounts—

(a) £50 plus a further £1 for each complete £9.26 by which the relevant income exceeds £16,865; or

(b) where the actual fees are less than £1,025, an amount equal to that left after deducting from the amount calculated under sub-paragraph (a) the difference between £1,025 and the actual fees (unless the amount is a negative number in which case the maximum amount of support available under regulation 80(1)(a) is payable).

Interpretation of regulation 81

82

(1) For the purposes of regulation 81 and this regulation—

(a) subject to sub-paragraph (b), “partner” (“partner”) means any of the following—

(i) the spouse of an eligible distance learning student;

(ii) the civil partner of an eligible distance learning student;

(iii) a person ordinarily living with an eligible distance learning student as if the person were the eligible distance learning student’s spouse where an eligible distance learning student is aged 25 or over on the first day of the academic year in respect of which the eligible distance learning student is being assessed for support and where the eligible distance learning student began the specified designated distance learning course before 1 September 2005;

(iv) a person ordinarily living with an eligible distance learning student as if the person were the eligible distance learning student’s spouse or civil partner where an eligible distance learning student began the specified designated distance learning course on or after 1 September 2005;

(b) a person who would otherwise be a partner under sub-paragraph (a) is not to be treated as a partner if—

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

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

(2) Subject to paragraph (3), an eligible distance learning student’s relevant income is equal to the eligible distance learning student’s financial resources in the preceding financial year less—

(a) £2,000 in respect of the eligible distance learning student’s partner;

(b) £2,000 in respect of the only or eldest child who is dependent on the eligible distance learning student or the eligible distance learning student’s partner; and

(c) £1,000 in respect of each other child who is dependent on the eligible distance learning student or the eligible distance learning student’s partner.

(3) Where the Welsh Ministers are satisfied that an eligible distance learning student’s financial resources in the preceding financial year are greater than the eligible distance learning student’s financial resources in the current financial year and that the difference between the two amounts is £1,000 or more, they must assess that student’s financial resources by reference to those resources in the current financial year.

(4) In this regulation, an eligible distance learning student’s financial resources in a financial year means the aggregate of the eligible distance learning student’s income for that year together with the aggregate of the income for that year of any person who at the date of the application for support under this Part is the eligible distance learning student’s partner.

(5) In this regulation—

(a) “child” (“plentyn”) in relation to an eligible distance learning student includes any child of the student’s partner and any child for whom the student has parental responsibility;

(b) “current financial year” (“blwyddyn ariannol gyfredol”) means the financial year which includes the first day of the academic year in respect of which a person is being assessed for support under this Part;

(d) “financial year” (“blwyddyn ariannol”) means the period of twelve months for which the income of the eligible distance learning student is computed for the purposes of the income tax legislation which applies to it;

(e) “income” (“incwm”) means gross income from all sources excluding—

(i) any payment made under section 23C(5A) of the Children Act 1989; and

(ii) any tax credits awarded pursuant to any claims under section 3 of the Tax Credits Act 2002[^f00069];

(f) “preceding financial year” (“blwyddyn ariannol flaenorol”) means the financial year immediately preceding the current financial year;

(g) “specified designated distance learning course” (“cwrs dysgu o bell dynodedig a bennir”) means the course in respect of which the person is applying for support under this Part or, where the student’s status as an eligible distance learning student has been transferred to the present distance learning course as a result of one or more transfers of that status by the Welsh Ministers from a distance learning course (the “initial course”) (“cwrs cychwynnol”) in connection with which the Welsh Ministers determined the student to be an eligible distance learning student pursuant to regulations made under section 22 of the 1998 Act, the specified designated distance learning course is the initial course.

Grant for disabled distance learning students' living costs

83

(1) An eligible distance learning student qualifies in accordance with this Part for a grant to assist with the additional expenditure which the Welsh Ministers are satisfied the eligible distance learning student is obliged to incur by reason of a disability to which the eligible distance learning student is subject in respect of the eligible distance learning student undertaking a designated distance learning course.

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

(3) An eligible distance learning student does not qualify for the grant under this regulation in respect of any academic year that is a bursary year.

(4) An eligible distance learning student does not qualify for the grant under this regulation unless the Welsh Ministers consider that the eligible distance learning student is undertaking the designated distance learning course in Wales on the first day of the first academic year.

(5) An eligible distance learning student will no longer qualify for the grant under this regulation if the Welsh Ministers consider that the eligible distance learning student is undertaking the designated distance learning course outside the United Kingdom.

(6) Subject to the following paragraphs, the amount of grant under this regulation is the amount that the Welsh Ministers consider appropriate in accordance with the student’s circumstances.

(7) The amount of the grant under this regulation must not exceed—

(a) £21,181 in respect of an academic year for expenditure on a non-medical personal helper;

(b) £5,332 in respect of all the academic years during the period of eligibility for expenditure on major items of specialist equipment;

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

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

(d) £1,785 in respect of an academic year for any other expenditure including expenditure incurred for the purposes referred to in sub-paragraph (a) or (b) which exceeds the specified maxima.

Applications for support

84

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

(2) The application must be accompanied by—

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

(b) such additional documentation as the Welsh Ministers may require.

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

(4) The Welsh Ministers must notify the applicant of whether the applicant qualifies for support under this Part and, if the applicant does qualify, the amount of support payable in respect of the academic year, if any.

(5) Subject to paragraph (6), the application must reach the Welsh Ministers within a period of six months beginning with the first day of the academic year of the designated distance learning course in respect of which it is submitted.

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

(a) one of the events listed in paragraph (4) of regulation 77 occurs after the first day of the academic year in respect of which the applicant is applying for support under this Part, in which case the application must reach the Welsh Ministers within a period of six months beginning with the day on which the relevant event occurred;

(b) the applicant is applying for the grant for disabled distance learning students' living costs, in which case the application must reach the Welsh Ministers as soon as is reasonably practicable; or

(c) 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.

Declarations provided by academic authorities

85

(1) Subject to paragraph (2), the academic authority must, on the request of the applicant, complete a declaration in such form as may be required by the Welsh Ministers to accompany the application for support under regulation 84.

(2) An academic authority is not required to complete a declaration if it is unable to give the confirmation required by sub-paragraph 3(a)(ii) or 3(b)(ii).

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

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

(i) provides the course information; and

(ii) confirms that the applicant has undertaken at least two weeks of the designated distance learning course;

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

(i) provides the course information; and

(ii) confirms that the applicant has enrolled to undertake the academic year of the designated distance learning course in respect of which the applicant is applying for support.

(4) In this regulation, “course information” (“gwybodaeth am y cwrs”) means—

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

(b) certification by the academic authority that it considers the applicant is undertaking the designated distance learning course in Wales; and

(c) in any case where the applicant is a disabled student, certification by the academic authority that it considers the applicant has chosen to undertake the designated distance learning course for a reason other than that the applicant is unable to attend a designated course for a reason which relates to the applicant’s disability.

Information

86

Schedule 3 applies in respect of the provision of information by an applicant or an eligible distance learning student.

Transfer of status

87

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

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

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

(2) The grounds for transfer are—

(a) the eligible distance learning student starts to undertake another designated distance learning course at the same institution;

(b) the eligible distance learning student starts to undertake a designated distance learning course at another institution; or

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

(3) Subject to paragraph (4), an eligible distance learning student who transfers under paragraph (1) is to receive in connection with the academic year of the course to which the eligible distance learning student transfers the remainder of the support under this Part for which the Welsh Ministers have determined the eligible distance learning student qualifies in respect of the academic year of the course from which the eligible distance learning student transfers.

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

(5) An eligible student who transfers under paragraph (1) after the Welsh Ministers have determined the eligible distance learning student’s support under this Part in connection with the academic year of the course from which the eligible distance learning student is transferring but before the eligible distance learning student completes that year, may not apply for another grant under regulation 80(1)(b) or regulation 83 in connection with the academic year of the course to which the eligible distance learning student transfers.

(6) Where a student transfers under paragraph (1), the maximum amount of support under regulation 80(1)(a) in respect of the academic years to and from which the eligible distance learning student transfers is the amount of support available in connection with the course with the highest actual fees as defined in regulation 80.

Conversion of status — eligible students transferring to designated distance learning courses

88

(1) Where an eligible student ceases to undertake a designated course and transfers to a designated distance learning course at the same or at another institution, the Welsh Ministers must convert the student’s status as an eligible student to that of an eligible distance learning student in connection with the course to which the eligible student is transferring where—

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

(b) the period of eligibility has not terminated.

(2) The following applies to an eligible student who transfers under paragraph (1)—

(a) where the Welsh Ministers have determined to pay an amount of grant for disabled students' living costs to that student under Part 5 in periodic instalments, no payment in respect of that amount of grant must be made in respect of any instalment period beginning after the date on which that student becomes an eligible distance learning student;

(b) the maximum amount of grant for disabled distance learning students' living costs to which that student would, apart from this regulation, be entitled in connection with that student undertaking a designated distance learning course in respect of that academic year is reduced by one third where that student became an eligible distance learning student in the second quarter of the academic year and by two thirds where that student became an eligible distance learning student in a later quarter of that year;

(c) where an amount of grant for disabled students' living costs for any purpose has been paid to the student under Part 5 in a single instalment, the maximum amount of grant for disabled distance learning students' living costs payable to that student for that purpose is reduced (or where sub-paragraph (b) applies, further reduced) by the amount of grant paid to that student for that purpose pursuant to Part 5, and where the resulting amount is nil or a negative amount that amount is nil; and

(d) where immediately before that student became an eligible distance learning student that student was eligible to apply, but had not applied for a loan for living costs in respect of that year, or had not applied for the maximum amount or increased maximum to which that student was entitled, that student may apply for such a loan or such additional amount as if that student had continued to be an eligible student and in the circumstances mentioned in paragraph (3) the maximum amount or increased maximum amount of such loan for the academic year is reduced in accordance with that paragraph.

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

Conversion of status — eligible distance learning students transferring to designated courses

89

(1) Where an eligible distance learning student ceases to undertake a designated distance learning course and transfers to a designated course at the same or at another institution, the Welsh Ministers must convert the student’s status as an eligible distance learning student to that of an eligible student in connection with the course to which the eligible distance learning student is transferring where—

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

(b) the period of eligibility has not terminated.

(2) The following applies to an eligible distance learning student who transfers under paragraph (1)—

(a) where the Welsh Ministers have determined to pay an amount of grant for disabled distance learning students' living costs to that student in periodic instalments no payment in respect of that amount of grant must be made in respect of any instalment period beginning after the date on which that student becomes an eligible student;

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

(c) the maximum amount of any support under Part 5 or 6 to which that student would, apart from this regulation, be entitled in connection with a designated course in respect of the academic year is reduced by one third where that student became an eligible student during the second quarter of that academic year and by two thirds where that student became an eligible student in a later quarter of that year; and

(d) where an amount of grant for disabled distance learning students' living costs for any purpose has been paid to that student in a single instalment, the maximum amount of grant for disabled students' living costs payable to that student under Part 5 for that purpose is reduced (or, where sub-paragraph (c) applies, further reduced) by the amount of grant for disabled distance learning students' living costs paid to that student for that purpose and where the resulting amount is nil or a negative amount that amount is nil.

Payment of grants for fees

90

(1) Subject to paragraphs (2) and (3), the Welsh Ministers must pay the grant in respect of fees for which the eligible distance learning student qualifies once they have received from the relevant academic authority—

(a) a request for payment; and

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

(2) The Welsh Ministers may make payments under paragraph (1) at such times and in such instalments (if any) as they see fit.

(3) The Welsh Ministers may make provisional payments under paragraph (1) in such cases as they deem appropriate.

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

(a) has enrolled on and started undertaking the designated distance learning course, where the confirmation relates to a payment of the entire grant in respect of fees or the first instalment of the grant in respect of fees; or

(b) remains enrolled and continues to undertake the designated distance learning course at the date of the confirmation, where the confirmation relates to an instalment of the grant in respect of fees other than the first instalment.

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

Payment of grants for books, travel and other expenditure and grants for disabled distance learning students' living costs

91

(1) Payments of the grant for books, travel and other expenditure and the grant for disabled distance learning students' living costs may be made in such manner as the Welsh Ministers consider appropriate and they may make it a condition of entitlement to payment that the eligible distance learning student must provide them with particulars of a bank or building society account in the United Kingdom into which payments may be made by electronic transfer.

(2) Where the Welsh Ministers cannot make a final assessment on the basis of the information provided by the eligible distance learning student, they may make a provisional assessment and payment of the grant for books, travel and other expenditure and the grant for disabled distance learning students' living costs.

(3) The Welsh Ministers may pay the grant for books, travel and other expenditure and the grant for disabled distance learning students' living costs in instalments or in a single lump sum.

(4) Subject to paragraph (5), the Welsh Ministers may pay the grant for books, travel and other expenditure and the grant for disabled distance learning students' living costs at such times as they consider appropriate.

(5) The Welsh Ministers must not pay the first instalment or, where it has been determined not to pay support in instalments, make any payment of the grant for books, travel and other expenditure or the grant for disabled distance learning students' living costs before they have received a declaration under regulation 85 unless an exception referred to in paragraph (6) applies.

(6) For the purposes of paragraph (5) an exception applies if—

(a) a grant for disabled distance learning students' living costs is payable in which case that particular grant may be paid before the Welsh Ministers have received a declaration;

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

Overpayments

92

(1) Any overpayment of a grant in respect of fees is recoverable by the Welsh Ministers from the academic authority.

(2) An eligible distance learning student must, if so required by the Welsh Ministers, repay any amount paid to the eligible distance learning student under this Part which for whatever reason exceeds the amount of grant to which the eligible distance learning student is entitled under this Part.

(3) The Welsh Ministers must recover an overpayment of grant for books, travel and other expenditure and grant for disabled distance learning students' living costs unless they consider that it is not appropriate to do so.

(4) The methods of recovery are—

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

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

(5) A payment of the grant for disabled distance learning students' living costs made before the relevant date is an overpayment if the eligible distance learning student withdraws from the course before the relevant date unless the Welsh Ministers decide otherwise.

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

(7) In the circumstances set out in paragraph (8) or (9), there is an overpayment of the grant for disabled distance learning students' living costs unless the Welsh Ministers decide otherwise.

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

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

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

(c) the equipment has not been delivered to the eligible distance learning student before the period of eligibility terminates.

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

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

(b) a payment of the grant for disabled part-time students' living costs in respect of specialist equipment is made to the student after the period of eligibility terminated.

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

PART 12 — SUPPORT FOR PART-TIME COURSES

Eligible part-time students

93

(1) An eligible part-time student qualifies for support in connection with the student undertaking a designated part-time course subject to and in accordance with this Part.

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

(a) in assessing the person’s application for support under regulation 109 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) Subject to paragraph (7), a person (“A” in this paragraph) is not an eligible part-time student if—

(a) there has been bestowed on or paid to A in relation to A undertaking the part-time course—

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

(ii) any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 2007; or

(iii) a Scottish healthcare allowance whether or not the amount of such allowance is calculated by reference to A’s income;

(b) A is in breach of any obligation to repay any loan;

(c) A has reached the age of 18 and has not ratified any agreement for a loan made with A when A was under the age of 18;

(d) A has, in the opinion of the Welsh Ministers, shown by A’s conduct that A is unfitted to receive support under this Part; or

(e) subject to paragraph (4), A is a prisoner.

(4) Paragraph (3)(e) does not apply in respect of an academic year during which the student enters prison or is released from prison.

(5) For the purposes of paragraphs (3)(b) and (3)(c), “loan” (“benthyciad”) means a loan made under the student loans legislation.

(6) In a case where the agreement for a loan is subject to the law of Scotland, paragraph (3)(c) 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 the borrower had no curator.

(7) Subject to paragraphs (9) to (11), a person is an eligible part-time student for the purposes of this Part if the person satisfies the conditions in paragraphs (8)(a) or (b).

(8) The conditions referred to in paragraph (7) are—

(a) the—

(i) person qualified as an eligible part-time student in connection with an earlier academic year of the present part-time course pursuant to regulations made by the Welsh Ministers under section 22 of the 1998 Act;

(ii) person was ordinarily resident in Wales on the first day of the present part-time course; and

(iii) person’s status as an eligible part-time student has not terminated;

(b) the—

(i) Welsh Ministers have previously determined that the person is an eligible—

(aa) student in connection with a designated course;

(bb) part-time student in connection with a designated part-time course other than the present part-time course; or

(cc) distance learning student in connection with a designated distance learning course;

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