The Education (Student Support) (Wales) Regulations 2018

Column 1Academic year	Column 2Category of student	Column 3Location of student	Column 4Maximum amount of maintenance loan available to full-time student
Beginning on or after 1 September 2018 but before 1 September 2019	Category 1	Living at home	£6,650
		Living away from home, studying in London	£10,250
		Living away from home, studying elsewhere	£8,000
	Category 2	Living at home	£3,325
		Living away from home, studying in London	£5,125
		Living away from home, studying elsewhere	£4,000
Beginning on or after 1 September 2019 but before 1 September 2020	Category 1	Living at home	£6,840
		Living away from home, studying in London	£10,530
		Living away from home, studying elsewhere	£8,225
	Category 2	Living at home	£3,420
		Living away from home, studying in London	£5,265
		Living away from home, studying elsewher	£4,110
Beginning on or after 1 September 2020 but before 1 September 2021	Category 1	Living at home	£7,335
		Living away from home, studying in London	£11,260
		Living away from home, studying elsewhere	£8,810
	Category 2	Living at home	£3,665
		Living away from home, studying in London	£5,630
		Living away from home, studying elsewhere	£4,405
Beginning on or after 1 September 2021 but before 1 September 2022	Category 1	Living at home	£7,790
		Living away from home, studying in London	£11,930
		Living away from home, studying elsewhere	£9,350
	Category 2	Living at home	£3,895
		Living away from home, studying in London	£5,965
		Living away from home, studying elsewhere	£4,675
Beginning on or after 1 September 2022 but before 1 September 2023	Category 1	Living at home	£8,095
Beginning on or after 1 September 2022 but before 1 September 2023	Category 1	Living away from home, studying in London	£12,375
Beginning on or after 1 September 2022 but before 1 September 2023	Category 1	Living away from home, studying elsewhere	£9,710
Beginning on or after 1 September 2022 but before 1 September 2023	Category 2	Living at home	£4,045
Beginning on or after 1 September 2022 but before 1 September 2023	Category 2	Living away from home, studying in London	£6,185
Beginning on or after 1 September 2022 but before 1 September 2023	Category 2	Living away from home, studying elsewhere	£4,855
Beginning on or after 1 September 2023 but before 1 September 2024	Category 1	Living at home	£8,950
Beginning on or after 1 September 2023 but before 1 September 2024	Category 1	Living away from home, studying in London	£13,635
Beginning on or after 1 September 2023 but before 1 September 2024	Category 1	Living away from home, studying elsewhere	£10,720
Beginning on or after 1 September 2023 but before 1 September 2024	Category 2	Living at home	£4,475
Beginning on or after 1 September 2023 but before 1 September 2024	Category 2	Living away from home, studying in London	£6,815
Beginning on or after 1 September 2023 but before 1 September 2024	Category 2	Living away from home, studying elsewhere	£5,360
Beginning on or after 1 September 2024 but before 1 September 2025	Category 1	Living at home	£9,315
Beginning on or after 1 September 2024 but before 1 September 2025	Category 1	Living away from home, studying in London	£14,170
Beginning on or after 1 September 2024 but before 1 September 2025	Category 1	Living away from home, studying elsewhere	£11,150
Beginning on or after 1 September 2024 but before 1 September 2025	Category 2	Living at home	£4,655
Beginning on or after 1 September 2024 but before 1 September 2025	Category 2	Living away from home, studying in London	£7,085
Beginning on or after 1 September 2024 but before 1 September 2025	Category 2	Living away from home, studying elsewhere	£5,575
Beginning on or after 1 September 2025 but before 1 September 2026	Category 1	Living at home	£9,480
		Living away from home, studying in London	£14,415
		Living away from home, studying elsewhere	£11,345
	Category 2	Living at home	£4,740
		Living away from home, studying in London	£7,205
		Living away from home, studying elsewhere	£5,670
Beginning on or after 1 September 2026	Category 1	Living at home	£9,665
Beginning on or after 1 September 2026	Category 1	Living away from home, studying in London	£14,700
Beginning on or after 1 September 2026	Category 1	Living away from home, studying elsewhere	£11,570
Beginning on or after 1 September 2026	Category 2	Living at home	£4,830
Beginning on or after 1 September 2026	Category 2	Living away from home, studying in London	£7,350
Beginning on or after 1 September 2026	Category 2	Living away from home, studying elsewhere	£5,785

Amount of maintenance loan payable: full-time students to whom special support payment payable

56

• (1) Where a full-time student qualifies for a special support payment under regulation 50, the amount of maintenance loan payable to the student is calculated in accordance with paragraph (2).

• (2) The amount of maintenance loan payable is calculated by applying the following steps—

Step 1Identify the amount of—amaintenance grant payable to the student under regulation 46, andbbase grant payable to the student under regulation 45.

Step 2Identify the amount of base grant and maintenance grant to be treated as a special support payment under regulation 50.

Step 3Identify the applicable amount of living support for the student by reference to Table 8, where—aColumn 1 specifies the academic year in relation to which the amounts of living support in Column 3 apply;bColumn 2 specifies the location in which the student is living (see paragraph 3 of Schedule 1);cColumn 3 specifies the applicable amounts of living support for the corresponding entries in Columns 1 and 2.Table 8Column 1Academic yearColumn 2Location of studentColumn 3Applicable amount of living support for special support student Beginning on or after 1 September 2018 but before 1 September 2019Living at home£7,650Living away from home, studying in London£11,250Living away from home, studying elsewhere£9,000Beginning on or after 1 September 2019 but before 1 September 2020Living at home£7,840Living away from home, studying in London£11,530Living away from home, studying elsewhere£9,225Beginning on or after 1 September 2020 but before 1 September 2021Living at home£8,335Living away from home, studying in London£12,260Living away from home, studying elsewhere£9,810Beginning on or after 1 September 2021 but before 1 September 2022 Living at home£8,790Living away from home, studying in London£12,930Living away from home, studying elsewhere£10,350 Beginning on or after 1 September 2022 but before 1 September 2023 Living at home£9,095Living away from home, studying in London£13,375Living away from home, studying elsewhere£10,710 Beginning on or after 1 September 2023 but before 1 September 2024 Living at home£9,950Living away from home, studying in London£14,635Living away from home, studying elsewhere£11,720 Beginning on or after 1 September 2024 but before 1 September 2025 Living at home£10,315Living away from home, studying in London£15,170Living away from home, studying elsewhere£12,150 Beginning on or after 1 September 2025 but before 1 September 2026 Living at home£10,480Living away from home, studying in London£15,415Living away from home, studying elsewhere£12,345 Beginning on or after 1 September 2026 Living at home£11,850Living away from home, studying in London£17,675Living away from home, studying elsewhere£14,045

Step 4Whichever is the greater of—athe amount identified at Step 3, orbthe amounts of grant identified at Step 1 plus the minimum amount of maintenance loan payable to the student as specified by reference to Table 8A,is the maximum amount of living support available to the student.

Step 5Calculate the notional maximum amount of maintenance loan by deducting the amount of special support payment identified at Step 2 from the maximum amount of living support identified at Step 4.

Step 6Deduct the amount of any maintenance grant payable to the student that is not treated as special support payment from the notional maximum amount of maintenance loan calculated at Step 5.The result is the amount of maintenance loan payable to the student.3In Table 8A—aColumn 1 specifies the academic year in relation to which the minimum amounts of maintenance loan in Column 3 apply;bColumn 2 specifies the location in which the student is living (see paragraph 3 of Schedule 1);cColumn 3 specifies the minimum amounts of maintenance loan payable for the corresponding entries in Columns 1 and 2.Table 8AColumn 1Academic yearColumn 2Location of studentColumn 3Minimum amount of maintenance loan payable Beginning on or after 1 September 2018 but before 1 September 2019Living at home£3,325Living away from home, studying in London£5,125Living away from home, studying elsewhere£4,000Beginning on or after 1 September 2019 but before 1 September 2020Living at home£3,420Living away from home, studying in London£5,265Living away from home, studying elsewhere£4,110Beginning on or after 1 September 2020 but before 1 September 2021Living at home£3,665Living away from home, studying in London£5,630Living away from home, studying elsewhere£4,405Beginning on or after 1 September 2021 but before 1 September 2022 Living at home£3,895Living away from home, studying in London£5,965Living away from home, studying elsewhere£4,675 Beginning on or after 1 September 2022 but before 1 September 2023 Living at home£4,045Living away from home, studying in London£6,185Living away from home, studying elsewhere£4,855 Beginning on or after 1 September 2023 but before 1 September 2024 Living at home£4,475Living away from home, studying in London£6,815Living away from home, studying elsewhere£5,360 Beginning on or after 1 September 2024 but before 1 September 2025 Living at home£4,655Living away from home, studying in London£7,085Living away from home, studying elsewhere£5,575 Beginning on or after 1 September 2025 but before 1 September 2026 Living at home£4,740Living away from home, studying in London£7,205Living away from home, studying elsewhere£5,670 Beginning on or after 1 September 2026 Living at home£4,830Living away from home, studying in London£7,350Living away from home, studying elsewhere£5,7854In this regulation, “living support” is the collective term for special support payment, maintenance grant and maintenance loan.

Increased maintenance loan for full-time students in extended years

57

• (1) Paragraph (2) applies where—

• (a) the present course is a full-time course, and

• (b) an eligible student is required to undertake the course for a period exceeding 30 weeks and 3 days in an academic year.

• (2) Where this paragraph applies, the amount of loan payable to the student calculated under regulation 55 or, as the case may be, 56 is increased by the weekly amount specified in Column 3 of Table 9 for each week (or part of a week) that the student is required to undertake the course beyond the period of 30 weeks and 3 days.

• (3) Paragraph (4) applies where—

• (a) the present course is a full-time course, and

• (b) an eligible student undertakes the course for a period of 45 weeks or more in any continuous period of 52 weeks.

• (4) Where this paragraph applies, the amount of loan payable to the student calculated under regulation 55 or, as the case may be, 56 is increased by the weekly amount specified in Column 3 of Table 9 for each whole week in the 52 week period during which the student did not undertake the course.

• (5) The increase in the amount of maintenance loan payable referred to in paragraph (4) applies in relation to the academic year into which the most weeks of the 52 week period fall.

• (6) The maximum amount of maintenance loan payable to an eligible student may be increased under both paragraphs (2) and (4) in relation to the same academic year.

• (7) In Table 9—

• (a) Column 1 specifies the academic year in relation to which the maintenance loan is payable;

• (b) Column 2 specifies the location in which the student is living (see paragraph 3 of Schedule 1);

• (c) Column 3 specifies the weekly amount by which the amount of loan payable is to increase in respect of the corresponding entries in Columns 1 and 2.

Column 1Academic Year	Column 2Location of student	Column 3Weekly amount of increase to maintenance loan payable
Beginning on or after 1 September 2018 but before 1 September 2019	Living at home	£80
	Living away from home, studying in London	£153
	Living away from home, studying elsewhere	£120
Beginning on or after 1 September 2019 but before 1 September 2020	Living at home	£84
	Living away from home, studying in London	£162
	Living away from home, studying elsewhere	£127
Beginning on or after 1 September 2020 but before 1 September 2021	Living at home	£86
	Living away from home, studying in London	£167
	Living away from home, studying elsewhere	£131
Beginning on or after 1 September 2021 but before 1 September 2022	Living at home	£89
	Living away from home, studying in London	£172
	Living away from home, studying elsewhere	£135
Beginning on or after 1 September 2022 but before 1 September 2023	Living at home	£91
Beginning on or after 1 September 2022 but before 1 September 2023	Living away from home, studying in London	£176
Beginning on or after 1 September 2022 but before 1 September 2023	Living away from home, studying elsewhere	£138
Beginning on or after 1 September 2023 but before 1 September 2024	Living at home	£93
Beginning on or after 1 September 2023 but before 1 September 2024	Living away from home, studying in London	£179
Beginning on or after 1 September 2023 but before 1 September 2024	Living away from home, studying elsewhere	£141
Beginning on or after 1 September 2024 but before 1 September 2025	Living at home	£94
Beginning on or after 1 September 2024 but before 1 September 2025	Living away from home, studying in London	£181
Beginning on or after 1 September 2024 but before 1 September 2025	Living away from home, studying elsewhere	£142
Beginning on or after 1 September 2025 but before 1 September 2026	Living at home	£96
	Living away from home, studying in London	£184
	Living away from home, studying elsewhere	£144
Beginning on or after 1 September 2026	Living at home	£98
Beginning on or after 1 September 2026	Living away from home, studying in London	£188
Beginning on or after 1 September 2026	Living away from home, studying elsewhere	£147

• (8) But this regulation does not apply to an academic year—

• (a) in respect of which the student has been bestowed or paid a healthcare bursary calculated by reference to the student’s income, whether or not the calculation results in a nil amount, or

• (b) of a sandwich course where the periods of full-time study are in aggregate less than 10 weeks unless the periods of work experience constitute unpaid service.

• (9) For the purposes of paragraph (8), “unpaid service” means—

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

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

• (c) unpaid service in the prison or probation and aftercare service in the United Kingdom,

• (d) unpaid research in an institution in the United Kingdom or, in the case of an eligible student attending an overseas institution as part of the eligible student’s course, in an overseas institution, or

• (e) unpaid service with—

• (i) a Special Health Authority established pursuant to section 28 of the National Health Service Act 2006,

• (ii) a Local Health Board established pursuant to section 11 of the National Health Service (Wales) Act 2006 or a Special Health Authority established pursuant to section 22 of that Act,

• (iii) a Health Board or a Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978,

• (iv) the Regional Agency for Public Health and Social Well-being established under section 12 of the Health and Social Care (Reform) Act (Northern Ireland) 2009,

• (v) NHS England, the body corporate established under section 1H of the National Health Service Act 2006 or an integrated care board established under Chapter A3 of Part 2 of that Act, or

• (vi) the National Institute for Health and Care Excellence established under section 232 of the Health and Social Care Act 2012.

Amount of maintenance loan: part-time students

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• (1) Where an eligible student's present course is a part-time course (a “part-time student”), the amount of maintenance loan payable to the student is calculated as follows— Maximum amount of maintenance loan available to the student (see Table 10). Minus Amount of maintenance grant payable to the student under regulation 47.

• (2) In Table 10, Column 1 specifies the academic year in relation to which the maximum amount of maintenance loan in Column 2 is available.

Column 1Academic year	Column 2Maximum amount of maintenance loan available to part-time student
Beginning on or after 1 September 2018 but before 1 September 2019	£5,650 multiplied by the intensity of study
Beginning on or after 1 September 2019 but before 1 September 2020	£5,815 multiplied by the intensity of study
Beginning on or after 1 September 2020 but before 1 September 2021	£6,245 multiplied by the intensity of study
Beginning on or after 1 September 2021 but before 1 September 2022	£6,640 multiplied by the intensity of study
Beginning on or after 1 September 2022 but before 1 September 2023	£6,905 multiplied by the intensity of study
Beginning on or after 1 September 2023 but before 1 September 2024	£7,650 multiplied by the intensity of study
Beginning on or after 1 September 2024 but before 1 September 2025	£7,965 multiplied by the intensity of study
Beginning on or after 1 September 2025 but before 1 September 2026	£8,105, multiplied by the intensity of study
Beginning on or after 1 September 2026	£8,265 multiplied by the intensity of study

• (3) This regulation is subject to regulation 58A.

Applying for maintenance loan for less than the maximum amount

59

An eligible student may apply under regulation 32 to borrow part of the amount of maintenance loan payable to the eligible student in respect of an academic year.

Further application for maintenance loan up to maximum amount

60

Where—

• (a) an eligible student applies for part of the maintenance loan under regulation 59, or

• (b) an additional amount of maintenance loan is made available to an eligible student following a transfer and reassessment made under Section 5 of Chapter 2 of Part 4,

the student may make a further application under regulation 32 for the remaining balance of the maintenance loan payable in respect of that academic year.

PART 9 — DISABLED STUDENT'S GRANT

Disabled student's grant

61

• (1) A disabled student's grant is a grant made available by the Welsh Ministers to an eligible student with a disability to assist with additional expenditure in respect of living costs which the student is obliged to incur in connection with the present course by reason of the student's disability.

• (2) In these Regulations, “disability” is to be construed in accordance with section 6 of the Equality Act 2010.

Qualifying conditions for disabled student's grant

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• (1) An eligible student qualifies for a disabled student's grant in respect of an academic year of the present course if—

• (a) the student has a disability, and

• (b) the student does not fall within any of the exceptions in paragraph (2).

• (2) The exceptions are—

Exception 1 The eligible student is a prisoner, unless—

• (a) the present course is a part-time course, and

• (b) the eligible student enters or is released from prison in the academic year in question.

Exception 2

The only paragraph or paragraphs of Schedule 2 into which the eligible student falls is one or more of paragraphs 1(2)(d)(ii), 1(3), 4A(1)(b)(ii), 4A(2)(b)(ii), 6(1), 6A(1), 6A(2)(d)(ii), 6BA, 6BB, 6C, 6D, 7A(c)(ii) or 8A(1)(d)(ii).

Exception 3

The present course is a full-time course and the academic year is a year in respect of which the student is eligible to apply for a healthcare bursary calculated by reference to the student’s income (whether or not the calculation results in a nil amount).

Exception 4

The eligible student is undertaking an academic year of an accelerated graduate entry course, other than the first year of the course.

Exception 5

The present course is a distance learning course and the student (“S”) is not in Wales on the first day of the first academic year of the course.

But this exception does not apply where S is not in Wales on the first day of the first academic year of the course because S, or a close relative of S, is serving as a member of the armed forces outside Wales.

Exception 6

The eligible student is undertaking an academic year of a sandwich course during which the periods of full-time study are in aggregate less than 10 weeks (unless it is a year to which regulation 44(2) applies).

But this exception does not apply in respect of a disabled student’s grant so far as it relates to the provision of technical support, repairs or replacement in respect of equipment belonging to the student, where—

• (a) that equipment was—

• (i) funded wholly or partly by a disabled student’s grant, or

• (ii) approved by the Welsh Ministers for use by the student for the purposes of a disabled student’s grant, and

• (b) the disabled student’s grant referred to in paragraph (a) was approved in respect of—

• (i) a previous academic year of the present course, or

• (ii) an academic year of a previous course, where the student has received confirmation from the Welsh Ministers that that grant will be transferred to the present course.

Amount of disabled student's grant

63

• (1) The amount of disabled student's grant for which a student qualifies in respect of an academic year is the amount—

• (a) which the Welsh Ministers think appropriate, but

• (b) which does not exceed the aggregate amount of the limits applicable in respect of the Cases listed in paragraph (2).

• (2) The Cases and limits are—

Case 1

Expenditure required on a non-medical personal helper, major items of specialist equipment and any other expenditure the eligible student incurs in connection with the course by reason of the student’s disability (apart from the expenditure specified in Case 2).

Limit of £34,671 in respect of an academic year of a course.

Case 2

Additional expenditure incurred—

• (a) within the United Kingdom for the purpose of attending an institution, and

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

Limited to the actual expenditure incurred for this purpose.

PART 10 — GRANTS FOR TRAVEL

Grant for travel

64

A grant for travel is a grant made available by the Welsh Ministers to an eligible student in the circumstances set out in regulation 65(1) or 66(1).

Grant for travel for medical students

65

• (1) A grant for travel is available to an eligible student if the following conditions are satisfied—

Condition 1

The present course is a full-time course in—

• (a) medicine, or

• (b) dentistry,

a necessary part of which is a period of study by way of clinical training.

Condition 2

In the academic year in question, the eligible student is obliged to incur expenditure for the purpose of attending—

• (a) a hospital, or

• (b) other premises,

in the United Kingdom (not comprised in the institution providing the present course) so as to undertake clinical training as part of the course.

Condition 3

The academic year is not a year in respect of which the student is eligible to apply for a healthcare bursary calculated by reference to the student’s income (whether or not the calculation results in a nil amount).

• (2) But a grant for travel is not available where the eligible student is a Category 6 eligible student by virtue only of paragraph 6(1) of Schedule 2 and does not fall within any of the other categories of eligible student specified in that Schedule.

• (3) The amount of grant for travel payable under this regulation in respect of an academic year is the amount determined by the Welsh Ministers as follows—

Step 1

Determine the amount of reasonable expenditure incurred by the eligible student in the academic year in question for the purpose mentioned in Condition 2 of paragraph (1) (including expenditure incurred for that purpose before or after attending the hospital or other premises).

Step 2

If the eligible student's household income (see Schedule 3) is less than £59,200 in respect of that year or the eligible student is a care leaver within the meaning given by regulation 49, deduct £303 from the amount arrived at in Step 1.

If the eligible student's household income is £59,200 or more in respect of that year, deduct £1,000 from the amount arrived at in Step 1. The result is the amount of grant for travel payable.

• (4) Expenditure incurred for the purpose of residential study away from the institution providing the present course is not expenditure incurred for the purpose mentioned in Condition 2 of paragraph (1).

Grant for travel for study or work overseas

66

• (1) A grant for travel is available to an eligible student if the following conditions are satisfied—

Condition 1 The present course is a full-time course.

Condition 2 For at least of half of any quarter of the academic year in question, the eligible student attends, as part of the course—

• (a) an overseas institution (including the University of London Institute in Paris), or

• (b) an overseas work placement in an Erasmus year,

(such attendance being referred to in this regulation as “the placement” and such a quarter being referred to as a “qualifying quarter”).

Condition 3 The student incurs—

• (a) travel costs, or

• (b) any expenditure mentioned in paragraph (3),

for the purpose of the placement.

• (2) The amount of grant for travel payable under this regulation in respect of an academic year is the amount determined by the Welsh Ministers in accordance with the following formula—

$$( X − Y ) + Z$Where—X is the aggregate of the reasonable travel costs that the eligible student is obliged to incur in each qualifying quarter for the purposes of the placement;Y is—£303 if the eligible student's household income (see Schedule 3) is less than £59,200 in respect of the academic year in question or the eligible student is a care leaver within the meaning given by regulation 49, or£1,000 if the eligible student's household income is £59,200 or more in respect of that year;Z is the aggregate of any expenditure incurred in each qualifying quarter specified in paragraph (3).$

• (3) The expenditure mentioned in paragraphs (1) and (2) is—

• (a) expenditure that the eligible student reasonably incurs in insuring against liability for the cost of medical treatment provided outside the United Kingdom for any illness or personal injury contracted or suffered during the placement;

• (b) the cost of any visa the student is obliged to obtain in order to attend the placement;

• (c) medical costs that the student reasonably incurs in order to fulfil a mandatory condition of entry into the territory, country or state in which the placement is situated.

Grant for travel not payable for expenditure covered by disabled student's grant

67

Where a disabled student's grant is payable to assist an eligible student with expenditure that the student is obliged to incur in connection with the present course by reason of the student's disability, no grant for travel is payable under regulation 65 or 66 in respect of the same expenditure.

PART 11 — GRANTS FOR DEPENDANTS

CHAPTER 1 — INTRODUCTION

Grants for dependants

68

• (1) The following are grants made available by the Welsh Ministers to an eligible student in respect of costs associated with certain dependants of the student for an academic year—

• (a) an adult dependants grant (see Chapter 2);

• (b) a parents' learning grant (see Chapter 3);

• (c) a childcare grant (see Chapter 4).

• (2) In these Regulations, those grants are collectively referred to as “grants for dependants” (“GfDs”).

Qualifying conditions for grants for dependants

69

• (1) An eligible student qualifies for any particular GfD in respect of an academic year of the present course if the student—

• (a) satisfies the qualifying conditions for that grant,

• (b) does not fall within any of the exceptions in paragraph (2), and

• (c) if the student's present course is a part-time course, the intensity of study of the academic year is at least 25%.

• (2) The exceptions are— Exception 1 The eligible student is a prisoner, unless—

• (a) the present course is a part-time course, and

• (b) the student enters or is released from prison in the academic year in question.

Exception 2 The only paragraph or paragraphs of Schedule 2 into which the eligible student falls is one or more of paragraphs 1(2)(d)(ii), 1(3), 4A(1)(b)(ii), 4A(2)(b)(ii), 6(1), 6A(1), 6A(2)(d)(ii), 6BA, 6BB, 6C, 6D, 7A(c)(ii) or 8A(1)(d)(ii). Exception 3 The academic year is a year in respect of which the student is eligible to apply for a healthcare bursary calculated by reference to the student’s income (whether or not the calculation results in a nil amount).

Exception 4 The eligible student is undertaking an academic year of an accelerated graduate entry course, other than the first year of the course. ... Exception 6 The eligible student is undertaking an academic year of a sandwich course during which the periods of full-time study are in aggregate less than 10 weeks (unless it is a year to which Regulation 44(2) applies). Exception 7 The person in respect of whom the eligible student is applying—

• (a) is an eligible student, and

• (b) is in receipt of a statutory award.

Exception 8The present course is a distance learning course and the student (“S”) is not in Wales on the first day of the first academic year of the course. But this exception does not apply where S is not in Wales on the first day of the first academic year of the course because S, or a close relative of S, is serving as a member of the armed forces outside Wales.

Interpretation of this Part

70

• (1) In this Part—

• “adult dependant” (“oedolyn dibynnol”) means an adult person—who is wholly or mainly financially dependent on the eligible student, orwho is wholly or mainly financially dependent on both the eligible student and the eligible student's partner together,but not the eligible student's child, the eligible student's partner (including a partner from whom the eligible student is separated) or the eligible student's former partner;

• “current academic year” (“blwyddyn academiaddgyfredol**”) means the academic year of the present course in respect of which the eligible student is applying for a GfD;

• “dependent child” (“plentyn dibynnol”) means a child—who is wholly or mainly financially dependent on the eligible student, orwho is wholly or mainly financially dependent on both the eligible student and the eligible student's partner together,including a child of the eligible student's partner and a child for whom the eligible student has parental responsibility;

• “lone parent” (“rhiant unigol”) means a person who—is a parent of a dependent child, anddoes not have a partner.

• (2) In this Part, any reference to a person's (“A's”) partner means–

• (a) A's spouse or civil partner, or

• (b) a person ordinarily living with A as if the person were A's spouse or civil partner.

• (3) Any reference in this Part to a person's or persons' income is a reference to that income as calculated in accordance with the appropriate provisions of Schedule 3.

CHAPTER 2 — ADULT DEPENDANTS GRANT

Adult dependants grant

71

• (1) An eligible student qualifies for an adult dependants grant in respect of only one of the following persons—

• (a) the student's partner;

• (b) an adult dependant of the student.

• (2) But an eligible student does not qualify for an adult dependants grant if one of the following exceptions applies— Exception 1 Where the eligible student is applying in respect of an adult dependant (“A”)—

• (a) A's net income for the current academic year exceeds £3,923, or

• (b) A is—

• (i) the spouse or civil partner of the eligible student's partner (including a spouse or civil partner from whom the student's partner is separated), or

• (ii) the former partner of the eligible student's partner.

Exception 2 Where the eligible student is applying in respect of the student's partner “(P)”—

• (a) the eligible student is, in the opinion of the Welsh Ministers, separated from P, or

• (b) P is ordinarily living outside the United Kingdom and is not maintained by the eligible student.

Maximum amount of adult dependants grant

72

• (1) In Table 11, Column 2 sets out the maximum amount of adult dependants grant payable in respect of an academic year in the corresponding entry in Column 1.

• (2) But where the person in respect of whom the eligible student is applying is ordinarily resident outside the United Kingdom, the amount of adult dependants grant payable is an amount, not exceeding the maximum amount, which the Welsh Ministers consider reasonable in the circumstances.

Column 1Academic year	Column 2Maximum amount of adult dependants grant
Beginning on or after 1 September 2018 but before 1 September 2020	£2,732
Beginning on or after 1 September 2020 but before 1 September 2021	£3,094
Beginning on or after 1 September 2021 but before 1 September 2022	£3,190
Beginning on or after 1 September 2022 but before 1 September 2023	£3,262
Beginning on or after 1 September 2023 but before 1 September 2024	£3,322
Beginning on or after 1 September 2024 but before 1 September 2025	£3,353
Beginning on or after 1 September 2025 but before 1 September 2026	£3,407
Beginning on or after 1 September 2026	£3,474

CHAPTER 3 — PARENTS' LEARNING GRANT

Parents' learning grant

73

—An eligible student qualifies for a parents' learning grant if the eligible student has one or more dependent children.

Maximum amount of parents' learning grant

74

In Table 12, Column 2 sets out the maximum amount of parents' learning grant payable in respect of an academic year in the corresponding entry in Column1.

CHAPTER 4 — CHILDCARE GRANT

Childcare grant

75

• (1) An eligible student qualifies for a childcare grant in respect of prescribed childcare charges for a dependent child incurred during the current academic year if one of the following conditions are satisfied— Condition 1 The dependent child is under the age of 15 immediately before the beginning of the academic year. Condition 2 The dependent child has special educational needs within the meaning of section 312 of the Education Act 1996 and is under the age of 17 immediately before the beginning of the first day of the academic year.

• (2) But the eligible student does not qualify for a childcare grant in any of the following cases— Case 1 The eligible student or the eligible student's partner has elected to receive the childcare element of the working tax credit under Part 1 of the Tax Credits Act 2002 . Case 2 The eligible student or the eligible student's partner is entitled to an award of universal credit which includes an amount in respect of childcare costs under regulation 31 of the Universal Credit Regulations 2013 (child care costs element) . Case 3 The eligible student's partner has elected to receive financial support for childcare under a healthcare bursary. Case 4 The prescribed childcare charges are for a period in respect of which the eligible student or the eligible student's partner has made a valid declaration of eligibility within the meaning given by section 4 of the Childcare Payments Act 2014 . Case 5 The prescribed childcare charges are paid or to be paid by the eligible student to the student's partner. Case 6 The prescribed childcare charges are in respect of any period between the end of the course and the end of the academic year in which the course ends.

• (3) In this regulation and regulation 76—

• “dependent child” (“plentyn dibynnol”) includes a dependent child born after the beginning of the academic year;

• “prescribed childcare charges” (“ffioedd gofal plant rhagnodedig”) means childcare charges of a description prescribed for the purposes of section 12 of the Tax Credits Act 2002 .

Maximum amount of childcare grant

76

• (1) The amount of childcare grant payable is 85% of the eligible student's weekly prescribed childcare charges, up to the maximum weekly amount—

• (a) specified in Table 13, or

• (b) where paragraph (4) applies, specified in that paragraph.

• (2) In Table 13—

• (a) Column 1 specifies the academic year in relation to which the maximum weekly amount of childcare grant in Column 3 is payable;

• (b) Column 2 specifies the number of dependent children to which the amounts specified in Column 3 relate;

• (c) Column 3 specifies the maximum weekly amount of childcare grant payable in respect of the corresponding entries in Columns 1 and 2, where the application for a childcare grant identifies a childcare provider.

Column 1Academic year	*Column 2 Number of child dependants*	Column 3Maximum weekly amount
Beginning on or after 1 September 2018 but before 1 September 2020	One dependent child	£161.50
Beginning on or after 1 September 2018 but before 1 September 2020	More than one dependent child	£274.55
Beginning on or after 1 September 2020 but before 1 September 2021	One dependent child	£174.22
	More than one dependent child	£298.69
Beginning on or after 1 September 2021 but before 1 September 2022	One dependent child	£179.62
	More than one dependent child	£307.95
Beginning on or after 1 September 2022 but before 1 September 2023	One dependent child	£184
Beginning on or after 1 September 2022 but before 1 September 2023	More than one dependent child	£315
Beginning on or after 1 September 2023 but before 1 September 2024	One dependent child	£187
Beginning on or after 1 September 2023 but before 1 September 2024	More than one dependent child	£321
Beginning on or after 1 September 2024 but before 1 September 2025	One dependent child	£189
Beginning on or after 1 September 2024 but before 1 September 2025	More than one dependent child	£324
Beginning on or after 1 September 2025 but before 1 September 2026	One dependent child	£192
	More than one dependent child	£329
Beginning on or after 1 September 2026	One dependent child	£196
Beginning on or after 1 September 2026	More than one dependent child	£335

• (3) Where the eligible student has more than one dependent child, the amount specified in the appropriate entry in Column 3 is the maximum weekly amount payable, irrespective of the number of children receiving childcare.

• (4) Where the eligible student's application for childcare grant does not identify the childcare provider, the Welsh Ministers may limit—

• (a) the amount of childcare grant paid to the student to 85% of the prescribed childcare charges up to a maximum weekly amount of £150;

• (b) the payment of the childcare grant to one quarter of the academic year.

• (5) For the purposes of calculating an amount of childcare grant, a week runs from Monday to Sunday.

• (6) Where prescribed childcare charges are incurred in respect of a week that falls partly within and partly outside the academic year in respect of which childcare grant is payable, the maximum weekly amount is calculated by applying the following formula—

$$A × B 7$Where—A is the applicable maximum weekly amount, andB is the number of days of the week falling within the academic year.$

CHAPTER 5 — AMOUNT OF GRANT FOR DEPENDANTS PAYABLE

Grants for dependants: calculating the amount payable

77

• (1) The amount of GfD payable to an eligible student in respect of an academic year is calculated by applying the following steps— Step 1 Aggregate—

• (a) the eligible student's household income calculated under Part 2 of Schedule 3,

• (b) if not already taken into account as part of the eligible student's household income, the residual income of the eligible student's adult dependant for the applicable financial year calculated under Chapter 2 of Part 4 of Schedule 3, and

• (c) the net income of the eligible student's dependent children for the applicable financial year calculated under Part 5 of Schedule 3.

Step 2 Deduct the following amounts from the aggregated total calculated under Step 1—

• (a) £6,561, where the eligible student has no dependent children;

• (b) £9,026, where the eligible student is not a lone parent and has one dependent child;

• (c) £10,261, where the eligible student—

• (i) is not a lone parent and has more than one dependent child, or

• (ii) is a lone parent and has one dependent child;

• (d) £11,502, where the eligible student is a lone parent and has more than one dependent child.

The result is the net total. Step 3 Add up the maximum amounts of each GfD for which the eligible student qualifies. The result is the aggregated maximums. Step 4

• (a) If the net total under Step 2 is nil or a negative amount, the amount payable is—

• (i) where the present course is a full-time course, the aggregated maximums arrived at under Step 3;

• (ii) where the present course is a part-time course, the aggregated maximums arrived at under Step 3 reduced in accordance with paragraph (2).

• (b) If the net total under Step 2 is equal to or exceeds the aggregated maximums arrived at under Step 3, the amount payable is nil.

• (c) If the net total under Step 2 is a positive amount which is less than the aggregated maximums arrived at under Step 3, deduct the net total from the aggregated maximums so as to reduce the amount of GfDs payable in the following order until the net total is extinguished—

• (i) first deduct the maximum amount of adult dependants grant for which the eligible student qualifies;

• (ii) then deduct the maximum amount of childcare grant for which the student qualifies;

• (iii) finally deduct the maximum amount of parents' learning grant for which the student qualifies.

• (d) Where sub-paragraph (c) of this Step applies, the amount remaining after that reduction is—

• (i) the amount payable where the present course is a full-time course;

• (ii) the amount to be reduced in accordance with paragraph (2) where the present course is a part-time course.

• (2) If the eligible student’s present course is a part-time course, the amount of GfD payable is the amount referred to in paragraph (a)(ii) or (d)(ii) of Step 4 of paragraph (1) multiplied by—

• (3) Where the amount of GfD payable as a result of Step 4 of paragraph (1) or, as the case may be, paragraph (2), is an amount of parents' learning grant which is more than £0.01 but less than £54, the amount payable is £54.

• (3A) Where the eligible student is a care leaver within the meaning given by regulation 49, the amount of GfD payable is the aggregated maximums arrived at under Step 3 of paragraph (1).

• (4) This regulation is subject to regulations 78 and 79.

Amount of adult dependants grant and childcare grant: eligible student's partner is an eligible student

78

Where, as a result of Step 4 of paragraph (1) of regulation 77 or, as the case may be, paragraph (2) or (3A) of that regulation, an amount of adult dependants grant and childcare grant is payable to an eligible student, that amount is reduced by one half where—

• (a) the eligible student's partner—

• (i) is an eligible student, or

• (ii) is in receipt of a statutory award, and

• (b) the amount of support payable to the partner—

• (i) by virtue of the partner being an eligible student, or

• (ii) under the statutory award

takes account of the partner's dependants.

Changes in circumstances

79

• (1) This regulation applies where, in the course of the academic year, any of the following occurs—

• (a) there is a change in the number of the eligible student's dependants;

• (b) the student becomes or ceases to be a lone parent;

• (c) the student becomes an eligible student as a result of an event referred to in regulation 81(3).

• (2) For the purposes of determining whether an adult dependants grant or parents' learning grant is payable and the amount payable, the Welsh Ministers must determine the following in relation to each relevant quarter—

• (a) how many dependants the eligible student is to be treated as having;

• (b) whether the student is to be treated as a lone parent.

• (3) The total amount of GfD payable for the academic year is—

• (a) the aggregate of the amounts of adult dependants grant and parents' learning grant calculated in respect of each relevant quarter under this regulation, plus

• (b) the amount of any childcare grant payable for the academic year.

• (4) The amount of adult dependants grant and parents' learning grant payable in respect of a relevant quarter is one third of the amount of that grant which would be payable for the academic year as determined under regulation 77 if the student's circumstances in the relevant quarter had been the same throughout the whole of the academic year.

• (5) In this regulation a “relevant quarter” means—

• (a) in the case of an eligible student referred to in paragraph (1)(c), a quarter which begins immediately after the relevant event occurs other than a quarter during which the longest of any vacation occurs;

• (b) otherwise, a quarter other than the quarter during which the longest of any vacation occurs.

PART 12 — QUALIFYING FOR SUPPORT DURING THE ACADEMIC YEAR

Qualifying for a tuition fee loan during the academic year

80

• (1) Where one of the events listed in paragraph (2) occurs within 3 months of the first day of the academic year, the student may qualify for a tuition fee loan in respect of that academic year.

• (2) The events are—

• (a) the present course becomes a designated course;

• (b) the student becomes an eligible student on the grounds that—

• (i) the student or the student’s spouse, civil partner or parent is recognised as a refugee, becomes a person granted stateless leave, becomes a person with leave to enter or remain or becomes a person granted humanitarian protection under paragraph 339C of the immigration rules;

• (ia) the student or the student’s parent becomes a person with section 67 leave to remain or a person granted leave to enter or remain as a protected partner;

• (ib) the student becomes a person with Calais leave;

• (ic) the student becomes a person with leave to enter or remain as a relevant Afghan citizen or the spouse, civil partner, child or stepchild of such a person;

• (id) the student becomes a protected Ukrainian national or the spouse, civil partner, child or stepchild of such a person;

• (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (iii) the student becomes a family member described in paragraph 6A(1)(a), 6C(1)(a), 6D(1)(a) or 6D(2)(a) of Schedule 2;

• (iv) the student becomes a person described in paragraph 1(1)(a), (2)(a) or (3)(a), or 6BB of Schedule 2;

• (v) where regulation 9(1A)(a) applies, the student becomes a person described in paragraph 8(1)(a) of Schedule 2;

• (vi) the student becomes a person described in paragraph 4A(1)(a) of Schedule 2 or, where regulation 9(1A)(a) applies, in paragraph 4(1)(a) of Schedule 2;

• (vii) the student becomes a person described in paragraph 7A(a) of Schedule 2 or, where regulation 9(1A)(a) applies, in paragraph 7(1)(a) of Schedule 2; or

• (viii) the student becomes a person described in paragraph 6B(1)(a)(ii) of Schedule 2.

• (3) In this regulation and regulation 81, the following terms have the same meaning as in Schedule 2—

• ...

• “family member” (“aelod o deulu”) ...;

• “immigration rules” (“rheolau mewnfudo”);

• “parent” (“rhiant”);

• “person granted leave to enter or remain as a protected partner” (“person y rhoddwyd caniatâd iddo ddod i mewn neu aros fel partner a ddiogelir”)

• “person granted stateless leave” (“person y rhoddwyd caniatâd iddo aros fel person diwladwriaeth”);

• “person with Calais leave” (“person sydd â chaniatâd Calais”);

• “person with leave to enter or remain” (“person sydd â chaniatâd i ddod i mewn neu i aros”);

• “person with leave to enter or remain as a relevant Afghan citizen”;

• “person with section 67 leave to remain” (“person sydd â chaniatâd i aros o dan adran 67”);

• “protected Ukrainian national” (“gwladolyn Wcreinaidd a ddiogelir”);

• “refugee” (“ffoadur”);

• ...

• ...

Qualifying for grants or maintenance loan during the academic year

81

• (1) Where one of the events in paragraph (3) occurs, the eligible student may qualify for a grant or maintenance loan.

• (2) But the amount of grant or loan payable to the eligible student—

• (a) will only, in the case of a grant, be in respect of the remaining days of the academic year, and, in the case of a maintenance loan, only be in respect of the remaining term days of the academic year, in either case beginning with the day the relevant event occurs, and

• (b) in relation to a maintenance loan, will only be payable if it is a quarter in respect of which the loan would otherwise be payable under regulation 85(6) and (7).

• (3) The events are—

• (a) the student's course becomes a designated course;

• (b) the student becomes an eligible student on the grounds that–

• (i) the student or the student’s spouse, civil partner or parent is recognised as a refugee, becomes a person granted stateless leave, becomes a person with leave to enter or remain or becomes a person granted humanitarian protection under paragraph 339C of the immigration rules;

• (ia) the student or the student’s parent becomes a person with section 67 leave to remain or a person with leave to enter or remain as a protected partner;

• (ib) the student becomes a person with Calais leave;

• (ic) the student becomes a person with leave to enter or remain as a relevant Afghan citizen or the spouse, civil partner, child or stepchild of such a person;

• (id) the student becomes a protected Ukrainian national or the spouse, civil partner, child or stepchild of such a person;

• (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (iii) the student becomes a person described in paragraph 1(1)(a) or (2)(a) of Schedule 2;

• (iv) where regulation 9(1A)(a) applies, the student becomes a person described in paragraph 8(1)(a) of Schedule 2;

• (v) the student becomes a person described in paragraph 4A(1)(a) of Schedule 2 or, where regulation 9(1A)(a) applies, in paragraph 4(1)(a) of Schedule 2;

• (vi) the student becomes a person described in paragraph 7A(a) of Schedule 2 or, where regulation 9(1A)(a) applies, in paragraph 7(1)(a) of Schedule 2;

• (vii) the student becomes a person described in paragraph 6B(1)(a)(ii) of Schedule 2.

PART 13 — PAYMENTS, OVERPAYMENTS AND RECOVERY

CHAPTER 1 — PAYMENT FOLLOWING A PROVISIONAL DECISION

Payment based on provisional assessment

82

Where the Welsh Ministers make a provisional decision on an application under regulation 32, the Welsh Ministers may make a payment based on that decision.

CHAPTER 2 — PAYMENT OF TUITION FEE LOAN

Payment of tuition fee loan

83

• (1) Where a tuition fee loan is payable to an eligible student, the Welsh Ministers must pay that amount to the academic authority to which the student is liable to make payment.

• (2) The Welsh Ministers may pay that amount in instalments or in a single lump sum.

Requirements for payment of tuition fee loan

84

• (1) The Welsh Ministers may not make any payment under regulation 83 unless they have received from the academic authority—

• (a) a request for payment in respect of the eligible student, and

• (b) confirmation in writing that the student is undertaking the designated course.

• (2) The confirmation referred to in paragraph (1)(b) must—

• (a) in relation to the first (or only) payment in respect of the course, be confirmation that the student has enrolled on and started to undertake the present course;

• (b) in relation to any subsequent payments in respect of the course, be confirmation that the student remains enrolled on and continues to undertake the course.

CHAPTER 3 — PAYMENT OF GRANTS AND MAINTENANCE LOANS

Payment of grants and maintenance loans

85

• (1) The Welsh Ministers must pay an amount of grant or maintenance loan to an eligible student where it is payable to the student.

• (2) The Welsh Ministers may pay that amount in instalments or in a single lump sum.

• (3) Subject to paragraph (5), a grant is payable in respect of the four quarters of the academic year.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) A grant for travel payable under regulation 66 is payable in respect of each of the qualifying quarters (within the meaning of that regulation).

• (6) A maintenance loan is payable in respect of three quarters of the academic year.

• (7) No maintenance loan is payable—

• (a) in the case of a compressed degree course, in respect of the quarter nominated by the Welsh Ministers;

• (b) in any other case, in respect of the quarter in which the longest of any vacation occurs.

Students living in more than one location

86

• (1) The Welsh Ministers must determine the location in which an eligible student is living during each quarter in respect of which a maintenance grant or maintenance loan is payable to the student (see paragraph 3 of Schedule 1).

• (2) Where an eligible student is living in more than one category of location during a quarter, the eligible student is treated as living in the location in which the student lives the longest.

• (3) Where an eligible student is living in more than one category of location for an equal period during a quarter, the eligible student is treated as living in the location in relation to which the highest rate of maintenance loan or maintenance grant is payable.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Confirmation of attendance

87

• (1) The Welsh Ministers may not make any payment under regulation 85 unless they have received from the academic authority confirmation in writing that the student is undertaking the designated course for the academic year.

• (2) The confirmation referred to in paragraph (1) must be confirmation—

• (a) that the eligible student has enrolled on the course for the academic year, in a case where the student is applying for support in connection with the course—

• (i) other than for the first time,

• (ii) for the first time if the student's status as an eligible student has transferred to the course from another designated course at the same institution, or

• (iii) for the first time if the student has a disability, or

• (b) that the eligible student has enrolled for the academic year and has started to undertake the course, in a case where—

• (i) the student is applying for support in connection with the course for the first time, and

• (ii) the student has not transferred to the course from another designated course at the same institution.

• (3) But a payment may be made before the Welsh Ministers receive the confirmation referred to in paragraph (1) if—

• (a) the payment is an amount of disabled student's grant, or

• (b) the Welsh Ministers think that owing to exceptional circumstances it is appropriate to do so.

Determination of amount payable made after payment made

88

• (1) This regulation applies where the Welsh Ministers make a determination of the amount any grant or maintenance loan payable to an eligible student (whether as a result of revising a provisional decision or otherwise) after a payment of any amount of the grant or maintenance loan has been made.

• (2) If the determination increases the amount of grant or loan payable, the Welsh Ministers must pay the additional amount in such instalments, or in a single lump sum, as they think appropriate.

• (3) If the determination decreases the amount of any grant payable—

• (a) the amount of the decrease is subtracted from the grant which remains to be paid;

• (b) if the decrease is greater than the amount of that grant remaining to be paid—

• (i) that amount remaining to be paid is reduced to nil,

• (ii) the remainder of the decrease, if any, is deducted from the amount of any other grant remaining to be paid, and

• (iii) if any amount of the decrease still remains it is treated as an overpayment.

• (4) If the determination decreases the amount of any maintenance loan payable (“the new total payable”)—

• (a) where the new total payable is greater than the amount of maintenance loan for which the student has applied, any additional amount for which the student may apply is reduced accordingly;

• (b) where the new total payable is less than the amount for which the student has applied, the student may not apply for any additional amount of maintenance loan;

• (c) where the new total payable is less than the amount of maintenance loan remaining to be paid—

• (i) the amount remaining to be paid is reduced to nil, and

• (ii) such of the amount already paid as exceeds the new total payable, if any, is to be treated as an overpayment.

CHAPTER 4 — OVERPAYMENTS AND RECOVERY

Overpayments – general

89

• (1) Any overpayment of a tuition fee loan is recoverable by the Welsh Ministers from the academic authority.

• (2) Where an eligible student has been paid an amount of any grant or maintenance loan which exceeds the amount to which the student is entitled under these Regulations, the student must repay the excess amount if required to do so by the Welsh Ministers.

• (3) In this Chapter, references to an eligible student are to be treated as including a person who has received support but is not, or is no longer, an eligible student.

Recovery of overpayments of grants

90

• (1) The Welsh Ministers must recover any overpayment of a grant unless they think it is not appropriate to do so.

• (2) A payment of a grant made before the day on which the course begins in respect of the academic year in question is an overpayment if the eligible student withdraws from the course before that day.

• (3) A payment of disabled student's grant is an overpayment if either of the following cases apply— Case 1 An amount of the grant has been paid for the purpose of assisting with expenditure on major items of specialist equipment but the equipment has not been delivered to the eligible student before the student's period of eligibility ends or is terminated. Case 2 Payment of an amount of the grant for the purpose of assisting with expenditure on major items of specialist equipment is made after the eligible student's period of eligibility ends or is terminated.

• (4) Overpayment of a grant may be recovered by subtracting the overpayment from any grant payable to the eligible student from time to time under these Regulations or any other regulations made by the Welsh Ministers under section 22 of the 1998 Act.

• (5) Where—

• (a) there is an overpayment of a disabled student's grant, and

• (b) any amount of the grant was paid for the purpose of assisting with expenditure on major items of specialist equipment,

the Welsh Ministers may accept the return of specialist equipment by way of recovery of all or part of the overpayment.

• (6) Paragraphs (4) and (5) do not prevent the Welsh Ministers from recovering an overpayment by any other method available to them.

Recovery of overpayments of maintenance loans

91

Where a maintenance loan has been overpaid the Welsh Ministers may recover the overpayment—

• (a) by subtracting it from any maintenance loan payable to the eligible student from time to time under these Regulations or any other regulations made by the Welsh Ministers under section 22 of the 1998 Act;

• (b) by requiring the eligible student to repay the overpayment in accordance with regulations made under section 22 of the 1998 Act;

• (c) by any other method available to them.

PART 14 — RESTRICTIONS ON PAYMENTS AND AMOUNTS PAYABLE

CHAPTER 1 — RESTRICTIONS RELATING TO GRANTS AND MAINTENANCE LOANS

Requirement for payment to be made into bank or building society account

92

• (1) If the Welsh Ministers think it appropriate to make payments of a grant or maintenance loan by transfer into a bank or building society account, they may require an eligible student to provide details of such an account in the United Kingdom into which payments may be made.

• (2) If that requirement is imposed, the Welsh Ministers may not make any payment of the grant or loan until the eligible student has complied.

Support reduced for periods spent in prison

93

• (1) This regulation applies to an eligible student—

• (a) to whom a grant (other than disabled student's grant) or maintenance loan is payable in respect of an academic year, and

• (b) who becomes a prisoner during the academic year.

• (2) Where this regulation applies, the amount of grant or maintenance loan payable is reduced by the number of days during the academic year that the eligible student is a prisoner.

• (3) But the Welsh Ministers may determine that the reduction is not to be made if they think it appropriate in the circumstances, having regard in particular to—

• (a) the financial hardship that may be caused to the student by reducing the amount of grant or loan payable;

• (b) whether the reduction would affect the student's ability to continue the present course.

Support reduced for other periods of absence

94

• (1) This regulation applies to an eligible student—

• (a) to whom a grant (other than disabled student's grant) or maintenance loan is payable in respect of an academic year, and

• (b) who stops undertaking the present course for any period during the academic year (referred to in this regulation as being absent).

• (2) Where this regulation applies, the amount of grant or maintenance loan is reduced by the number of days during the academic year the eligible student is absent from their course.

• (3) But the Welsh Ministers may determine that the reduction is not to be made if they think it appropriate in the circumstances, having regard in particular to—

• (a) the reasons for the eligible student's absence,

• (b) the length of absence, and

• (c) any financial hardship that may be caused by reducing the amount of grant or loan payable.

• (4) An eligible student is not to be treated as absent for the purposes of this regulation in the following circumstances—

• (a) the absence is due to illness and is for a period not exceeding 60 days;

• (b) where the present course is a compressed degree course, any part of the academic year during which the student is not required to attend the institution;

• (c) where the student has a disability but is unable to attend the institution for a reason relating to that disability;

• (d) where the student is on a period of study or work placement in an Erasmus year;

• (e) the absence is because the eligible student becomes a prisoner (see regulation 93).

Payments when period of eligibility ends or is terminated

95

• (1) Where an eligible student’s period of eligibility has ended or has been terminated, any amount of grant or maintenance loan payable in respect of an academic year is reduced by the number of days in the academic year when eligibility has ended or terminated.

• (2) The Welsh Ministers may not make any payment of an amount of grant or maintenance loan in respect of any payment period beginning after an eligible student's period of eligibility has ended or has been terminated.

• (3) Paragraphs (4) to (8) apply where—

• (a) an amount of grant is payable to an eligible student (“P”) in respect of an academic year, and

• (b) P's period of eligibility ends or is terminated on or after the day on which the course begins in respect of that year.

• (4) The Welsh Ministers must determine—

• (a) the amount of grant that, had P's eligibility not ended or been terminated, would be payable to P in respect of the payment period during which P's period of eligibility ended or was terminated (the “full amount”), and

• (b) the proportion of the full amount that would be payable to P in respect of the period beginning at the start of that payment period and ending when P's eligibility ended or was terminated (the “partial amount”).

• (5) The Welsh Ministers must take the action mentioned in paragraph (6) where—

• (a) they have made a payment to P of an amount of grant in respect of the payment period during which P's period of eligibility ended or was terminated,

• (b) the payment is made before P's period of eligibility ended or was terminated, and

• (c) the amount paid exceeds the partial amount.

• (6) The action referred to in paragraph (5) is to either—

• (a) reduce the amount of grant payable to P by the excess referred to in paragraph (5)(c) (and accordingly treat the excess as an overpayment), or

• (b) if the Welsh Ministers think it appropriate, extend P's period of eligibility in respect of the grant until the end of the payment period (and accordingly the full amount is payable).

• (7) Where—

• (a) the Welsh Ministers have made, or are due to make, a payment to P of an amount of grant in respect of the payment period during which P's period of eligibility ended or was terminated, and

• (b) the payment—

• (i) is made or is due after P's period of eligibility ended or was terminated, or

• (ii) is made before then and is no more than the partial amount,

the amount of grant payable is the partial amount unless paragraph (8) applies.

• (8) In the circumstances referred to in paragraph (7) the Welsh Ministers—

• (a) may determine that P's period of eligibility is extended to the end of payment period in question (and accordingly the full amount of grant is payable) if they think it appropriate to do so, and

• (b) must so determine if the amount of grant in question is an amount of disabled student's grant paid in respect of expenditure on major items of specialist equipment.

• (9) In this regulation, “payment period” means a period (whether a whole academic year or a quarter of an academic year) in respect of which a grant or maintenance loan is payable or would be payable were it not for the fact that the eligible student's period of eligibility had ended or was terminated.

CHAPTER 2 — RESTRICTIONS RELATING TO LOANS

Requirement to provide national insurance number

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

• (2) If that condition is imposed, the Welsh Ministers may not make any payment of the loan until the eligible student has complied, unless the Welsh Ministers are satisfied that, owing to exceptional circumstances, it would be appropriate to make a payment despite the condition not being complied with.

Information requirements relating to loans

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• (1) Where the Welsh Ministers have required information or documentation under regulation 35(1) for any of the purposes mentioned in paragraph (2) of this regulation, they may withhold any payment of a tuition fee loan or maintenance loan until the student complies with the requirement or provides a satisfactory explanation for not doing so.

• (2) The purposes are—

• (a) determining whether student is an eligible student who qualifies for a loan;

• (b) determining the amount of loan payable to the student;

• (c) any matter relating to the repayment of a loan by the student.

PART 15 — DISABLED POSTGRADUATE STUDENT'S GRANT

98

Schedule 4 makes provision about disabled postgraduate student's grant.

PART 16 — OXBRIDGE COLLEGE FEE LOANS

99

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 17 — AMENDMENTS TO THE EDUCATION (STUDENT SUPPORT) (WALES) REGULATIONS 2017

100

Schedule 6 contains amendments to the 2017 Regulations.

SCHEDULE 1 — Interpretation

Meaning of academic year

1

• (1) An “academic year”, in respect of a course, is determined as follows—

• (a) identify the period in Column 2 of Table 14 within which the academic year actually begins;

• (b) the academic year is the period of 12 months beginning on the date specified in the entry in Column 1 of the Table corresponding to the period set out in Column 2.

• (2) But if the course is a compressed first year course, “academic year”, in respect of the first year of the course, means the period of 8 months beginning on the date so specified.

• (3) Any reference in these Regulations to an “academic year” is a reference to a year determined in accordance with sub-paragraphs (1) and (2).

Column 1Start date of academic year for the purposes of these regulations	Column 2Period within which academic year begins
1 September	On or after 1 August but before 1 January
1 January	On or after 1 January but before 1 April
1 April	On or after 1 April but before 1 July
1 July	On or after 1 July but before 1 August

Educational institutions

2

In these regulations “recognised educational institution” means—

• (a) in relation to a full-time course that begins before 1 August 2019—

• (i) a Welsh regulated institution;

• (ii) a protected English provider;

• (iii) a Scottish funded institution; or

• (iv) a Northern Irish funded institution;

• (b) in relation to a part-time course that begins before 1 August 2019 a publicly funded institution;

• (c) in relation to a full-time course that begins on or after 1 August 2019—

• (i) a Welsh regulated institution;

• (ii) an English regulated institution;

• (iii) a Scottish funded institution;

• (iv) a Northern Irish funded institution;

• (d) in relation to a part-time course that begins on or after 1 August 2019—

• (i) a Welsh funded institution;

• (ii) an English regulated institution;

• (iii) a Scottish funded institution;

• (iv) a Northern Irish funded institution.

Location of an eligible student

3

• (1) In these Regulations, in relation to an eligible student—

• (a) “living at home” means that the student is living at the student's parent's home while undertaking the present course;

• (b) “living away from home, studying in London” means that the student is living away from the student's parent's home while—

• (i) undertaking a course at the University of London,

• (ii) undertaking a course at an institution requiring attendance in the academic year at a site that is wholly or partly in London where at least half of any quarter of the course is provided at such a site, or

• (iii) undertaking a sandwich course in the academic year at an institution that requires the student to undertake work experience, or a combination of work experience and study, in London where that work experience, or combination of work experience and study, is undertaken for at least half of any quarter;

• (c) “living away from home, studying elsewhere” means that the eligible student is living away from the student's parent's home but not studying in London, including attending an institution outside the United Kingdom as part of the student's course or undertaking an overseas work placement in an Erasmus year.

• (2) For the purposes of sub-paragraph (1), “London” means the area comprising the City of London and the former Metropolitan Police District.

• (3) In sub-paragraph (2), “former Metropolitan Police District” means—

• (a) Greater London, excluding the city of London, the Inner Temple and the Middle Temple,

• (b) in the county of Essex, in the district of Epping Forest—

• (i) the area of the former urban district of Chigwell, and

• (ii) the parish of Waltham Abbey,

• (c) in the county of Hertfordshire—

• (i) in the borough of Broxbourne, the area of the former urban district of Cheshunt,

• (ii) the district of Hertsmere, and

• (iii) in the district of Welwyn Hatfield, the parish of Northaw, and

• (d) in the county of Surrey—

• (i) in the borough of Elmbridge, the area of the former urban district of Esher,

• (ii) the boroughs of Epsom and Ewell and Spelthorne, and

• (iii) in the district of Reigate and Banstead, the area of the former urban district of Banstead.

Meaning of Erasmus year

4

• (1) In these Regulations, an “Erasmus year” is an academic year in which a student—

• (a) participates in the ERASMUS scheme as part of a course provided wholly by a recognised educational institution, and

• (b) satisfies condition A, B, or C in sub-paragraph (2).

• (2) The conditions are— Condition A

• (a) The course is provided by an institution in Northern Ireland, and

• (b) the student completes all periods of study or work placement under the scheme outside the United Kingdom.

Condition B

• (a) The course is provided by an institution in England, Scotland or Wales,

• (b) at least one period of study or work placement under the scheme is attended at an institution or workplace outside the United Kingdom during the academic year, and

• (c) during that academic year, the aggregate of any one or more periods of full-time study at the institution in England, Scotland or Wales is less than 10 weeks.

Condition C

• (a) The course is provided by an institution in England, Scotland or Wales,

• (b) at least one period of study or work placement under the scheme is attended at an institution or workplace outside the United Kingdom during the academic year, and

• (c) during that academic year and any previous academic years of the course, the aggregate of any one or more periods of attendance (which are not periods of full-time study at the institution in England, Scotland or Wales), disregarding any intervening vacations, exceeds 30 weeks.

• (3) In sub-paragraph (1), “ERASMUS scheme” means—

• (a) the European Union’s action scheme for the mobility of university students,

• (b) the scheme established by the Secretary of State for Education known as the Turing Scheme, or

• (c) the scheme established by the Welsh Ministers known as the International Learning Exchange Programme.

Part-time students – calculation of intensity of study

5

• (1) In these Regulations, a reference to the intensity of study in relation to a part-time course is a reference to the lower of—

• (a) the percentage calculated in accordance with sub-paragraph (2), or

• (b) 75%.

• (2) The percentage is calculated as follows—

$$P T F T × 100$Where—PT is the number of modules, credits, credit points, points or other units to be awarded to the student undertaking the part-time course by the academic authority if the student successfully completes the academic year in connection with which the student is applying for support, andFT is—where the course is provided by or on behalf of the Open University, 120;where the course is provided by or on behalf of any other institution, the number of modules, credits, credit points, points or other units that a standard full-time student would be required to obtain in each academic year in order to complete the full-time equivalent within the period ordinarily required to complete that course.$

• (3) For the purposes of sub-paragraph (2)—

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

• (b) the “period ordinarily required to complete the full-time equivalent” means the period in which a standard full-time student would complete the full-time equivalent;

• (c) “standard full-time student” means a student who is taken—

• (i) to have started the full-time equivalent on the same date as the student undertaking 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.

Interpretation of other key terms

6

• (1) In these Regulations—

• “the 2020 Citizens’ Rights Regulations” (“Rheoliadau Hawliau Dinasyddion 2020”) means the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020;

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

• “accelerated graduate entry course” (“cwrs mynediad graddedig carlam”) means a full-time course—which leads to a qualification as a medical doctor or dentist,the standard of which is not higher than a first degree course,where the normal entry requirement is a first degree or equivalent qualification, andwhich does not exceed 4 years duration;

• “close relative” (“perthynas agos”) (in relation to a person (“P”)) means—P's spouse or civil partner;a person ordinarily living with P as if the person were P's spouse or civil partner;P's parent, where P is under the age of 25; P’s child, where P is dependent on that child;

• “compressed degree course” (“cwrs gradd cywasgedig”) means a course determined as such by—the Welsh Ministers in accordance with sub-paragraph (2), orthe Secretary of State in accordance with regulation 2(2) of the Education (Student Support) Regulations 2011 ;

• “compressed first year course” (“cwrs blwyddyn gyntaf gywasgedig”) means a course where—the first year is to be completed in a period of not more than seven months, andno other years of the course are undertaken on such a compressed basis;

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