Legalize / United Kingdom / Wales / Welsh-Statutory-Instrument

The Education (Student Support) (Wales) Regulations 2013

Type Welsh-Statutory-Instrument

Publication 2013-12-12

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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(d) where immediately before that student became an eligible part-time 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 for which that student was entitled, that student may apply for such a loan or such additional amount of loan as if that student had continued to be an eligible student and in the circumstances mentioned in paragraph (4) the maximum or increased maximum amount of such loan for the academic year is reduced in accordance with that paragraph;

(e) where the Welsh Ministers have determined to pay an amount of grant or allowance to that student under regulations 31 to 34 in periodic instalments, no payment in respect of that amount may be made in respect of any instalment period beginning after the date on which that student becomes an eligible part-time student;

(f) the maximum amount of part-time grants for dependants to which that student would, apart from this regulation, be entitled pursuant to regulations 101 to 110 in connection with that student undertaking a designated part-time course in respect of that academic year is reduced by one third where that student became an eligible part-time student during the second quarter of the academic year and by two thirds where that student became an eligible part-time student in a later quarter of that year; and

(g) where an amount of grant or allowance has been paid to that student under regulations 31 to 34 in a single instalment, the maximum amount of grant or allowance payable to that student pursuant to regulations 101 to 110 is reduced (or where sub-paragraph (f) applies, further reduced) by the amount of analogous grant or allowance paid to that student pursuant to regulations 31 to 34, and where the resulting amount is nil or a negative amount that amount is nil.

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

(5) Where an eligible distance learning student ceases to undertake a designated distance learning course and transfers to a designated part-time course at the same or at another institution, the Welsh Ministers must convert that student’s status as an eligible distance learning student to that of an eligible part-time 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.

(6) Where, before completing the designated distance learning course the eligible distance learning student transfers to a part-time course in the same subject leading to the same qualification at the same institution, the part-time course is to be treated as satisfying regulation 95(1)(b) and (c) if—

(a) the period of part-time study to be undertaken by that student is of at least one academic year’s duration; and

(b) in relation to a transfer to a designated part-time course beginning before 1 September 2014, it is possible to complete the remainder of the designated distance learning course from which that student transfers in not more than twice the period ordinarily required to complete that designated distance learning course; or

(c) in relation to a transfer to a designated part-time course beginning on or after 1 September 2014, it is possible to complete the remainder of the designated distance learning course from which that student transfers in not more than four times the period ordinarily required to complete that designated distance learning course.

(7) Subject to paragraph (8), an eligible distance learning student who transfers under paragraph (5) is entitled to receive in connection with the academic year of the course to which that student transfers the remainder of the support for which the Welsh Ministers have determined that student qualifies under Part 11 in respect of the academic year of the designated distance learning course from which that student transfers.

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

(9) A student who transfers under paragraph (5) after the Welsh Ministers have determined that student’s support under Part 11 in connection with the academic year of the distance learning course from which that student is transferring but before that student completes that year—

(a) may not apply for a grant under regulation 97(1)(b) or regulation 99 if that student has already applied for a grant under regulation 80(1)(b);

(b) may not apply for a grant under regulation 100 if that student has already applied for a grant under regulation 83.

(10) Where a student transfers under paragraph (5) to a designated part-time course beginning before 1 September 2014, the total amount of support paid to that student under regulation 80(1)(a) and 97(1)(a) in respect of—

(a) the academic year from which that student transfers; and

(b) the academic year to which that student transfers;

must not exceed the amount of support determined to be payable to that student under regulation 80(1) (a).

(11) Where a student transfers under paragraph (5) to a designated part-time course beginning on or after 1 September 2014 no account is taken of the support determined to be payable to the student under regulation 80(1)(a), when determining the amount of support payable to the student under regulation 98.

(12) Where a student transfers under paragraph (5), the maximum amount of part-time grants for dependants to which that student would, apart from this regulation, be entitled pursuant to regulations 101 to 110 in connection with that student undertaking a designated part-time course in respect of that academic year is reduced by one third where that student became an eligible part-time student during the second quarter of the academic year and by two thirds where that student became an eligible part-time student in a later quarter of that year.

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

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

(b) the period of eligibility has not terminated.

(14) The following applies to a student who transfers under paragraph (13)—

(a) where the Welsh Ministers have determined to pay an amount of grant to that student pursuant to regulation 100 in periodic instalments no payment in respect of that amount of grant may be made in respect of any instalment period beginning after the date on which that student became an eligible student;

(b) subject to sub-paragraphs (c) and (f), 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) where the Welsh Ministers have determined to pay an amount of any grant or allowance to that student pursuant to regulations 101 to 110 in periodic instalments, no payment in respect of that amount may be made in respect of any instalment period beginning after the date on which that student becomes an eligible student;

(d) the maximum amount of any support under Parts 5 or 6 to which that student would, apart from this regulation, be entitled in connection with a designated course in respect of that academic year is reduced by one third where 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;

(e) where an amount of grant for any purpose has been paid to that student pursuant to regulation 100 in a single instalment, the maximum amount of grant payable to that student under regulation 29 for that purpose is reduced (or, where sub-paragraph (d) applies, further reduced) by the amount of grant paid to that student for that purpose pursuant to regulation 100 and where the resulting amount is nil or a negative amount that amount is nil; and

(f) where an amount of grant or allowance has been paid to that student pursuant to regulations 101 to 110 in a single instalment the maximum amount of the analogous grant or allowance payable to that student pursuant to regulations 31 to 34 is reduced (or where sub-paragraph (d) applies, further reduced) by the amount of grant or allowance paid to that student pursuant to regulations 101 to 110 and where the resulting amount is nil or a negative amount that amount is nil.

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

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

(b) the period of eligibility has not terminated.

(16) Subject to paragraph (17), a student who transfers under paragraph (15) is entitled to receive in connection with the academic year of the course to which the student transfers the remainder of the support for which the Welsh Ministers have determined the student qualifies under this Part in respect of the academic year of the designated part-time course from which the student transfers.

(17) The Welsh Ministers may re-assess the amount of support payable after the transfer in accordance with Part 11.

(18) An eligible part-time student who transfers under paragraph (15) after the Welsh Ministers have determined that student’s support in connection with the academic year of the part-time course from which that student is transferring but before that student completes that year—

(a) may not apply for a grant under regulation 80(1)(b) if that student has already applied for a grant under regulation 97(1)(b) or regulation 99;

(b) may not apply for a grant under regulation 83 if that student has already applied for a grant under regulation 100.

(19) Where a student transfers under paragraph (15) from a designated part-time course beginning before 1 September 2014, the total amount of support paid to that student under regulations 80(1)(a) and 97(1)(a) in respect of—

(a) the academic year from which that student transfers; and

(b) the academic year to which that student transfers;

must not exceed the maximum amount of support determined to be payable to that student under regulation 97(1)(a).

Payment of support to eligible part-time students

116

(1) Payments of the grant for books, travel and other expenditure, the new part-time course grant and the grant for disabled part-time 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 part-time 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 student, they may make a provisional assessment and payment of the grant for books, travel and other expenditure, the new part-time course grant and the grant for disabled part-time students’ living costs.

(3) The Welsh Ministers may pay the grant for books, travel and other expenditure, the new part-time course grant and the grant for disabled part-time 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, the new part-time course grant and the grant for disabled part-time 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, the new part-time course grant or the grant for disabled part-time students’ living costs before they have received the declaration under regulation 113(2) to (6) 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 part-time students’ living costs under regulation 100 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.

117

(1) Subject to the following paragraphs, the Welsh Ministers may pay part-time grants for dependants 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 a part-time grant for dependants by instalments, make any payment of such a grant to an eligible part-time student before they have received an attendance confirmation unless the exception in paragraph (4) applies.

(4) The exception referred to in paragraph (3) 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.

(5) Where a final assessment cannot be made on the basis of the information provided by the eligible part-time student, the Welsh Ministers may make a provisional assessment and payment of part-time grants for dependants.

(6) Payments of a part-time grant for dependants 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 part-time 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) No support by way of part-time grants for dependants is payable in respect of any payment period beginning after an eligible part-time student’s period of eligibility terminates.

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

(a) the amount of each part-time grant for dependants for which that student qualifies that would be payable in respect of the relevant payment period if the eligible part-time 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 part-time student’s period of eligibility terminated (the “partial amount”).

(9) 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.

(10) If the Welsh Ministers have made a payment of a part-time grant for dependants in respect of the relevant payment period before the point in that period at which the eligible part-time 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 part-time grant for dependants 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.

(11) If a payment of a part-time grant for dependants in respect of the relevant payment period is due to be made or is made after the eligible part-time student’s period of eligibility has terminated, the amount of that part-time grant for dependants 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 relevant payment period.

(12) No support by way of part-time grants for dependants is payable in respect of a payment period during any part of which an eligible part-time student is absent from that 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 reason for the student’s absence, the length of the absence and the financial hardship which not paying the support would cause.

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

(15) Where, after the Welsh Ministers have made any payment of support by way of a part-time grant for dependants, they make a determination of the amount of such a grant for which the eligible part-time student qualifies either for the first time or by way of a revision of a provisional or other determination of that amount—

(a) if the determination increases the amount of that grant for which the eligible part-time 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 part-time 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 element of part-time grants for dependants for which the eligible part-time student qualifies in respect of the academic year;

(d) any remaining overpayment is recoverable in accordance with regulation 121.

Interpretation of regulation 117

118

In regulation 117—

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

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

(aa) is applying for one or more elements of the part-time grants for dependants (“part-time support” in this regulation) in connection with a designated part-time 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 student’s disability);

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

(aa) the student is applying for part-time support in connection with a designated part-time course for the first time;

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

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

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

(aa) other than for the first time; or

(bb) for the first time after the student’s status as an eligible part-time 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 support under regulations 101 to 110 or would have paid such support if the eligible part-time student’s period of eligibility had not terminated.

Payment of grants for fees in respect of designated part-time courses beginning before 1 September 2014

119

(1) Subject to paragraphs (2) and (3), the Welsh Ministers must pay the grant in respect of fees for which the eligible part-time student qualifies in relation to an academic year of a designated part-time course beginning before 1 September 2014 to the appropriate academic authority after a written request for payment has been received which the Welsh Ministers consider to be a valid request.

(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.

Payment of new part-time fee loan

120

(1) The Welsh Ministers must pay the new part-time fee loan for which a new eligible part-time student qualifies in respect of an academic year of a designated part-time course to an academic authority to which the new eligible part-time student is liable to make payment.

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

(3) The Welsh Ministers must not pay the new part-time fee loan or any instalment of that loan unless they have received from the relevant academic authority—

(a) a request for payment; and

(b) a declaration under regulation 113(2) to (6).

(4) The Welsh Ministers may make provisional payments under this regulation in such cases as they deem appropriate.

Overpayments

121

(1) Any overpayment of a grant in respect of fees or a new part-time fee loan is recoverable by the Welsh Ministers from the academic authority.

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

(3) The Welsh Ministers must recover an overpayment of a grant for books, travel and other expenditure, a new part-time course grant, a grant for disabled part-time students’ living costs and a part-time grant for dependants 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 part-time 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 them.

(5) A payment of the grant for disabled part-time students’ living costs or a part-time grant for dependants made before the relevant date is an overpayment if the eligible part-time 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 either of the circumstances in paragraph (8) or (9), there is an overpayment of the grant for disabled part-time 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 part-time students’ living costs to the purchase of specialist equipment on behalf of the eligible part-time student;

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

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

(a) the eligible part-time 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 eligible part-time student’s period of eligibility terminates.

(10) Where there is an overpayment of the grant for disabled part-time 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 13 — SUPPORT FOR POSTGRADUATE STUDENTS WITH DISABILITIES

Eligible postgraduate students

122

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

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

(3) The conditions referred to in paragraph (2) are—

(a) the Welsh Ministers, in assessing a person’s application for support under regulation 127, have determined in connection with the designated postgraduate course that the person falls within one of the categories set out in Part 2 of Schedule 1; and

(b) the Welsh Ministers are satisfied that, by reason of a disability to which the person is subject, the person will be obliged to incur additional expenditure in respect of undertaking the course.

(4) Subject to paragraph (9), a person (“A” in this paragraph) is not an eligible postgraduate student if—

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

(i) a healthcare bursary;

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

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

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

(v) any allowance, bursary or award of similar description made under section 67(4)(a) of the Care Standards Act 2000[^f00087] which includes payment for meeting additional expenditure incurred by A by reason of A’s disability; or

(b) A is in breach of an 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.

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

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

(a) before the 25 September 1991; and

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

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

(8) Save where the circumstances described in regulation 129(3)(c)(ii) apply such that an eligible postgraduate student undertakes part of that student’s course overseas, an eligible postgraduate student does not qualify for a grant under this Part unless the eligible postgraduate student is undertaking the course in the United Kingdom.

(9) Subject to paragraphs (11) to (13) and despite paragraphs (3)(a) and (4), a person is an eligible postgraduate student for the purposes of this Part if the person satisfies the conditions in paragraph (3)(b) and paragraph (10)(a) or (b).

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

(a) the—

(i) person qualified as an eligible postgraduate student in connection with an earlier academic year of the present postgraduate 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 first academic year of the present postgraduate course; and

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

(b) the—

(i) Welsh Ministers have previously determined that the person is an eligible postgraduate student in connection with a designated postgraduate course other than the present postgraduate course;

(ii) person’s status as an eligible postgraduate student in connection with the course in sub-paragraph (b)(i) has been transferred from that course to the present course as a result of one or more 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 postgraduate student has not terminated.

(11) Where—

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

(b) as at the day before the academic year in respect of which A is applying for support starts, the refugee status of A or of A’s spouse, civil partner, parent (as defined in Part 1 of Schedule 1) or step-parent has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),

Students becoming eligible during the course of the academic year

123

(1) Where one of the events listed in paragraph (2) occurs in the course of an academic year—

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

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

(2) The events are—

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

(b) the student, or the student’s spouse, civil partner or parent (as defined in Part 1 of Schedule 1) is recognised as a refugee 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 a child of a Turkish worker;

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

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

Designated postgraduate courses

124

(1) A postgraduate course is designated for the purposes of section 22(1) of the 1998 Act and regulation 122 if—

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

(b) it is a course—

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

(ii) in the case of a part-time course which began before 1 September 2014, it is ordinarily possible to complete the course in not more than twice the period ordinarily required to complete the full time equivalent; or

(iii) in the case of a part-time course which begins on or after 1 September 2014, it is ordinarily possible to complete the course in not more than four times the period ordinarily required to complete the full time equivalent;

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

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

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

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

(b) a university and any constituent college or institution in the nature of a college of a university is regarded as publicly funded if either the university or the constituent college or institution is publicly funded; and

(c) an institution is not regarded as publicly funded by reason only that it receives public funds from the governing body of a higher education institution in accordance with section 65(3A) of the Further and Higher Education Act 1992[^f00088].

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

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

(b) “period ordinarily required to complete the full-time equivalent” (“cyfnod y mae ei angen fel arfer i gwblhau’r cwrs llawnamser cyfatebol”) means the period in which a standard full-time student would complete the full-time equivalent;

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

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

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

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

(4) For the purposes of section 22 of the 1998 Act and regulation 122, the Welsh Ministers may designate courses of higher education which are not designated under paragraph (1).

Period of eligibility

125

(1) A student’s status as an eligible postgraduate student is retained in connection with a designated postgraduate course until that status is terminated in accordance with this regulation or regulation 122.

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

(3) Subject to the following paragraphs and regulation 122, the period of eligibility terminates at the end of the period ordinarily required for completion of the designated postgraduate course.

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

(a) withdraws from A’s designated postgraduate course in circumstances where the Welsh Ministers have not transferred or will not transfer A’s status as an eligible postgraduate student to another course under regulation 126; or

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

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

(6) Where the eligible postgraduate student is undertaking a designated postgraduate course that is a part-time course, the period of eligibility terminates at the end of the academic year during or at the end of which it becomes impossible for the eligible postgraduate student to complete the course within the period specified in regulation 124(1)(b)(ii).

(7) If the Welsh Ministers are satisfied that an eligible postgraduate student has failed to comply with any requirement to provide information under this Part or has provided information which is inaccurate in a material particular, the 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 a grant or any particular amount of grant under this Part;

(8) Where the period of eligibility terminates on or before the expiry of the period ordinarily required for the completion of the designated postgraduate course, the Welsh Ministers may, at any time, renew the period of eligibility for such periods as they determine.

Transfer of status

126

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

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

(b) the eligible postgraduate student starts to undertake a designated postgraduate course at another institution.

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

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

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

Applications for support

127

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

(2) The application must reach the Welsh Ministers as soon as is reasonably practicable.

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

(4) The Welsh Ministers must notify the applicant—

(a) whether the applicant qualifies for a grant;

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

Information

128

Schedule 3 applies in respect of the provision of information by an applicant and an eligible postgraduate student.

Amount of grant

129

(1) Subject to paragraph (2), the grant payable to an eligible postgraduate student under this Part is such amount as the Welsh Ministers consider appropriate to assist with one or more types of eligible expenditure.

(2) The grant must not exceed £10,590 in respect of an academic year.

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

(a) expenditure on a non-medical helper;

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

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

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

(4) Subject to paragraphs (5) and (6), a grant under this Part is payable to an eligible postgraduate student in respect of the four quarters of the academic year.

(5) Where a grant under this Part is used for expenditure on major items of specialist equipment (within the meaning of paragraph (3)(b)) it may be payable in respect of the whole academic year.

(6) Where one of the events listed in regulation 123(2) occurs in the course of an academic year, an eligible postgraduate student may only qualify for a grant under this Part for the purposes specified in paragraph (3)(a) and (c) in respect of such quarters as begin after the relevant event occurs.

Payment of grant

130

(1) The Welsh Ministers may pay a grant for which an eligible postgraduate student qualifies under this Part in such instalments (if any) and at such times as they consider appropriate and in the exercise of their functions under this Part they may make provisional payments pending the final calculation of the amount of grant for which the student qualifies.

(2) Payments may be made in such manner as the Welsh Ministers consider appropriate and they may make it a condition of entitlement to payment that the eligible postgraduate 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.

Overpayments

131

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

(2) The Welsh Ministers must recover an overpayment of grant under this Part unless they consider it is not appropriate to do so.

(3) The methods of recovery are—

(a) subtracting the overpayment from any kind of grant payable to the eligible postgraduate 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 them.

(4) A payment of grant under this Part made before the relevant date is an overpayment if the eligible postgraduate student withdraws from the course before the relevant date unless the Welsh Ministers decide otherwise.

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

(6) In either of the circumstances in paragraphs (7) and (8), there is an overpayment of grant under this Part unless the Welsh Ministers decide otherwise.

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

(a) the Welsh Ministers apply all or part of the grant under this Part to the purchase of specialist equipment on behalf of the eligible postgraduate student;

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

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

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

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

(9) Where there is an overpayment of the grant under this Part, 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 14 — AMENDMENT OF THE 2012 REGULATIONS

Amendment of the 2012 Regulations

132

(1) The 2012 Regulations are amended in accordance with the following paragraphs.

(2) In regulation 2(1), in the appropriate place, insert—

“compressed first year course” (“cwrs blwyddyn gyntaf gywasgedig”) means a designated course—which begins on or after 1 September 2013;where the first year of the course is undertaken on a compressed basis and can be completed in a period of not more than seven months; andwhere no other years of the course are undertaken on such a compressed basis.

(3) In regulation 2(1), for the definition of “academic year”, substitute—

“academic year” (“blwyddyn academaidd”) means—in respect of an academic year of a course other than the first year of a compressed first year course, the period of twelve months beginning on 1 January, 1 April, 1 July or 1 September of the calendar year in which the academic year of the course in question begins according to whether that academic year begins on or after 1 January and before 1 April, on or after 1 April and before 1 July, on or after 1 July and before 1 August or on or after 1 August and on or before 31 December respectively; orin respect of an academic year which is the first year of a compressed first year course, the period of eight months beginning on 1 January, 1 April, 1 July or 1 September of the calendar year in which the academic year of the course in question begins according to whether that academic year begins on or after 1 January and before 1 April, on or after 1 April and before 1 July, on or after 1 July and before 1 August or on or after 1 August and on or before 31 December respectively;

SCHEDULE 1 — Eligible Students

PART 1 — Interpretation

1

(1) For the purposes of this Schedule—

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

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

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

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

“EEA self-employed person” (“person hunangyflogedig o’r AEE”) means an EEA national who is a self-employed person, other than an EEA frontier self-employed person, in the United Kingdom;

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

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

“European Economic Area” (“Ardal Economaidd Ewropeaidd”) means the area comprised by the EEA States;

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

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

“settled” (“wedi setlo”) has the meaning given by section 33(2A) of the Immigration Act 1971[^f00089];

“Swiss Agreement” (“Cytundeb y Swistir”) means the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation of the other, on the Free Movement of Persons signed at Luxembourg on 21 June 1999[^f00090] and which came into force on 1 June 2002;

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

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

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

“Swiss self-employed person” (“person hunangyflogedig Swisaidd”) means a Swiss national who is a self-employed person, other than a Swiss frontier self-employed person, in the United Kingdom;

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

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

(3) For the purposes of this Schedule, a person who is ordinarily resident in Wales, England, Scotland, Northern Ireland or the Islands, as a result of having moved from another of those areas for the purpose of undertaking—

(a) the present course, the present distance learning course, the present part-time course or the present postgraduate course; or

(b) a course which, disregarding any intervening vacation, the student undertook immediately before undertaking the course referred to in paragraph (a),

is to be considered to be ordinarily resident in the place from which the person moved.

(4) For the purposes of this Schedule, a person (“A” in this sub-paragraph) is to be treated as ordinarily resident in Wales, the United Kingdom and Islands or in the territory comprising the European Economic Area, Switzerland and Turkey if A would have been so resident but for the fact that—

(a) A;

(b) A’s spouse or civil partner;

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

is or was temporarily employed outside Wales, the United Kingdom and Islands or the territory comprising the European Economic Area, Switzerland and Turkey.

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

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

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

(c) in the case of members of the regular armed forces of Turkey, any period which they serve outside of the territory comprising the European Economic Area, Switzerland and Turkey as members of such forces.

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

(a) was previously not part of the European Union or the European Economic Area; but

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

is to be considered to have always been a part of the European Economic Area.

(7) For the purposes of this Schedule an eligible prisoner is to be considered ordinarily resident in the part of the United Kingdom where the prisoner resided prior to sentencing.

PART 2 — Categories

Persons who are settled in the United Kingdom

2

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

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

(b) is ordinarily resident in Wales;

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

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

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

3

A person who—

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

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

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

(d) in a case where the person’s ordinary residence referred to in sub-paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in sub-paragraph (c).

Refugees and their family members

4

(1) A person who—

(a) is a refugee;

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

(2) A person who—

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

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

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

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

(3) A person who—

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

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

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

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

Persons with leave to enter or remain and their family members

5

(1) A person—

(a) with leave to enter or remain;

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

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

(2) A person—

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

(b) who was the spouse or civil partner of the person with leave to enter or remain on the date on which that person made—

(i) the application for asylum; or

(ii) the application for discretionary leave, where no application for asylum was made;

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

(3) A person—

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

(b) who, on the date on which the person with leave to enter or remain made—

(i) the application for asylum; or

(ii) the application for discretionary leave, where no application for asylum was made,

was the child of that person or the child of a person who was the spouse or civil partner of the person with leave to enter or remain on that date;

(i) the application for asylum; or

(ii) the application for discretionary leave, where no application for asylum was made;

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

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

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

6

(1) A person who—

(a) is—

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

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

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

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

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

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

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

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

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

7

A person who—

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

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

(c) is entitled to support by virtue of Article 12 of Council Regulation (EEC) No. 1612/68 on the freedom of movement of workers[^f00091], as extended by the EEA Agreement

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

8

(1) A person who—

(a) is settled in the United Kingdom;

(b) was ordinarily resident in Wales and settled in the United Kingdom immediately before leaving the United Kingdom and who has exercised a right of residence;

(c) is ordinarily resident in the United Kingdom on the day on which the first term of the first academic year actually begins;

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

(e) in a case where the person’s ordinary residence referred to in paragraph (d) was wholly or mainly for the purposes of receiving full time education, was ordinarily resident in the territory comprising the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (d).

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

EU nationals

9

(1) A person who—

(a) is either—

(i) an EU national on the first day of the first academic year of the course, other than a person who is a United Kingdom national who has not exercised a right of residence; or

(ii) a family member of such a person;

(b) is—

(i) attending or undertaking a designated course in Wales; or

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

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

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

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

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

(4) For the purposes of this paragraph, a United Kingdom national has exercised a right of residence if that person has exercised a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA Agreement or Swiss Agreement in a state other than the United Kingdom.

10

(1) A person who—

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

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

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

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

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

Children of Swiss nationals

11

A person who—

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

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

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

(d) in a case where the person’s ordinary residence referred to in sub-paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the European Economic Area and Switzerland immediately prior to the period of ordinary residence referred to in sub-paragraph (c).

Children of Turkish workers

12

A person who—

(a) is the child of a Turkish worker;

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

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

SCHEDULE 2 — DESIGNATED COURSES

1

A first degree course.

2

A course for the Diploma of Higher Education.

3

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

(a) the Business & Technician Education Council; or

(b) the Scottish Qualification Authority.

4

A course for the certificate of Higher Education.

5

A course for the initial training of teachers.

6

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

7

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

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

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

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

8

A course—

(a) providing education (whether or not in preparation for an examination) the standard of which is higher than that of courses providing education in preparation for any of the examinations mentioned in paragraph 7(a) or (b) but not higher than that of a first degree course; and

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

SCHEDULE 3 — INFORMATION

1

Every applicant, eligible student, eligible distance learning student, eligible part-time student and eligible postgraduate student must, as soon as reasonably practicable after being requested to do so, provide the Welsh Ministers with such information as the Welsh Ministers consider they require for the purposes of these Regulations.

2

Every applicant, eligible student, eligible distance learning student, eligible part-time student and eligible postgraduate student must forthwith inform the Welsh Ministers and provide them with particulars if any of the following occurs—

(a) the applicant or student withdraws from, abandons or is expelled from their course;

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

(c) the applicant or student ceases to undertake their course and does not intend to or is not permitted to continue it for the remainder of the academic year;

(d) the applicant or student is absent from their course for more than 60 days due to illness or for any period for any other reason;

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

(f) the applicant’s or student’s home or term-time address or telephone number changes.

3

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

SCHEDULE 4 — COLLEGE FEE LOANS

Availability of college fee loans

1

A person qualifies for a college fee loan in connection with the person’s attendance on a qualifying course in accordance with this Schedule.

2

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

(a) the person is an eligible student who is not excluded from qualifying by paragraph 3;

(b) the person has an honours degree from an institution in the United Kingdom;

(i) starts on or after 1 September 2006 and on which the person is continuing after 31 August 2011; or

(ii) starts on or after 1 September 2011;

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

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

(f) none of the circumstances in regulation 4(3) apply to the person.

3

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

Disabled students

4

A disabled eligible student who is undertaking a qualifying course in the United Kingdom but who is not in attendance because the disabled eligible student is not able to attend for a reason which relates to the disabled eligible student’s disability is treated as if the disabled eligible student were in attendance on the qualifying course for the purpose of qualifying for the college fee loan.

Students becoming eligible during the course of an academic year

5

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

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

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

(e) the student becomes 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.

Amount of the college fee loan

10

(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 qualifying student to the qualifying student’s 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, the qualifying student may apply to borrow an additional amount which, when added to the amount already applied for, does not exceed the maximum amount available.

Transfers

11

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 qualifying student unless the period of eligibility has terminated;

(b) subject to sub-paragraph (c) if the qualifying 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 qualifying student transfers provided that the conditions in paragraph 12 are met and the qualifying student cannot qualify for another college fee loan in respect of that academic year;

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

Payment

12

(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 request for payment in writing from the college or permanent private hall which the Welsh Ministers consider to be a valid request; 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 an attendance confirmation to the Welsh Ministers in such form as the Welsh Ministers may require.

(5) 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 that confirmation.

(6) In this paragraph “attendance confirmation” (“cadarnhad o bresenoldeb”) has the same meaning as in regulation 75.

(7) 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

13

(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 that qualifying student’s 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 qualifying 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

14

(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 that qualifying student’s valid national identity card, that qualifying student’s valid passport issued by the state of which that qualifying student is a national or that qualifying student’s 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

15

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) “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 3;

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

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

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

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

(h) “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 the person were the eligible student’s spouse where an eligible student falls within paragraph 2(1)(a) and the eligible student begins the designated course on or after 1 September 2000;

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

(i) “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 the person were the parent’s spouse;

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

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

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

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

(m) “residual income” (“incwm gweddilliol”) means taxable income after the application of paragraph 4 (in the case of an eligible student), paragraph 5 (in the case of an eligible student’s parent), paragraph 6 (in the case of an eligible student’s partner) or paragraph 7 (in the case of the partner of a new eligible student’s parent) and income referred to in sub-paragraph (2) received net of income tax; and

(n) “taxable income” (“incwm trethadwy”) means, in relation to paragraph 4, in respect of the academic year for which an application has been made under regulation 9 and, in relation to paragraph 5, in respect (subject to sub-paragraphs (3) to (6) 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[^f00092] which includes provision made by virtue of sections 25B(4) and 25E(3) of that Act[^f00093] 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) the eligible student is aged 25 or over on the first day of the relevant year;

(b) the eligible student 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;

(d) the Welsh Ministers are satisfied that neither of the eligible student’s parents can be found or that it is not reasonably practicable to get in touch with either of them;

(e) the eligible student has communicated with neither of the eligible student’s parents for the period of one year before the beginning of the relevant year or, in the opinion of the Welsh Ministers, the eligible student can demonstrate on other grounds that the eligible student is irreconcilably estranged from the eligible student’s parents;

(f) the eligible student 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 the eligible student attained the age of 16 and before the first day of the first academic year of the course (“the relevant period”) provided that the eligible student has not in fact at any time during the relevant period been under the charge or control of the eligible student’s parents;

(g) the eligible student’s parents are residing outside the European Union 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(10) 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) the eligible student began the present course before 1September 2009 and is a member of a religious order who resides in a house of that order;

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

(k) the eligible student (“A” in this sub-paragraph) has supported A out of A’s earnings for any period or periods ending before the first academic year of the course which together aggregate not less than three years, and for the purposes of this sub-paragraph A is to be treated as supporting A out of A’s earnings during any period in which—

(i) A 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) A 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) A 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) A held a state studentship[^f00096] or comparable award; or

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