The Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2006

Eligible part-time students

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

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

(a) the National Assembly has determined in connection with that course that the person is mentioned in Schedule 1; and

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

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

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

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

(ii) any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 1992(1); or

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

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

(c) that person has reached the age of 18 and has not ratified any agreement for a loan made with him or her when he or she was under the age of 18;

(d) that person has, in the opinion of the National Assembly, shown himself by his or her conduct to be unfitted to receive support; or

(e) subject to paragraph (4), he or she is a prisoner serving a custodial sentence.

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

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

(6) In a case where the agreement for a loan is subject to the law of Scotland, paragraph (3)(c) shall only apply if the agreement was made—

(a) before 25 September 1991; and

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

(7) An eligible part-time student does not qualify for support under regulation 53(1)(b) or regulation 54 if the only paragraph from 1 to 8 of Schedule 1 into which he falls is paragraph 7.

(8) An eligible part-time student does not qualify for support—

(a) under regulation 53(1)(a) unless he or she undertakes the designated part-time course in Wales or England; or

(b) under regulation 53(1)(b) or 54 unless he or she undertakes the designated part-time course in the United Kingdom.

(9) An eligible part-time student does not qualify for support under regulation 53 if he or she has undertaken one or more part-time courses for eight academic years in aggregate and he or she has received in respect of each of those academic years a loan or a grant of the kind described in paragraph (10).

(10) The loans and grants referred to in paragraph (9) are—

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

(b) a loan, a grant in respect of fees or a grant for books, travel and other expenditure each made in respect of an academic year of a part-time course by the Department for Employment and Learning (Northern Ireland) pursuant to regulations made under Articles 3 and 8(4) of the Education (Student Support) (Northern Ireland) Order 1998(2); or

(c) a loan in respect of an academic year of a part-time course made pursuant to regulations made under sections 73(f), 73B and 74(1) of the Education (Scotland) Act 1980(3).

(11) An eligible part-time student does not qualify for support under regulation 53 if he or she holds a first degree from an educational institution in the United Kingdom.

(12) For the purposes of paragraph (11), a degree is not treated as a first degree where—

(a) it is a degree (other than an honours degree) that has been awarded to an eligible part-time student who has completed the required modules, examinations or other forms of assessment for his or her first degree course;

(b) the course was undertaken at an educational institution in the United Kingdom; and

(c) the eligible part-time student is registered to continue the course at the same educational institution after the award of his or her degree so as to obtain an honours degree on completion of the required modules, examinations or other form of assessment.

(13) Where a student becomes an eligible part-time student during the course of an academic year as a result of one of the events listed in paragraph (14), he or she may qualify for support in accordance with this Part in respect of that academic year but he or she does not qualify for support under this Part in respect of any academic year beginning before the academic year in which the relevant event occurred.

(14) The events referred to in paragraph (13) are—

(a) the student’s course becomes a designated part-time course; or

(b) the student, his or her spouse, his or her civil partner or his or her parent is recognised as a refugee or is granted leave to enter or remain as mentioned in paragraph 3 of Schedule 1.

(15) Notwithstanding paragraph (2), a person is an eligible part-time student for the purposes of this Part if he or she satisfies the conditions in paragraphs (16) or (17).

(16) The conditions in this paragraph are—

(a) he or she qualified as an eligible part-time student in connection with an earlier academic year of the present designated part-time course pursuant to regulations made under section 22 of the Act;

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

(c) the person’s status has not expired or been terminated.

(17) The conditions in this paragraph are—

(a) the National Assembly has previously determined that the person is—

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

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

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

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

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

(18) An eligible part-time student does not, at any one time, qualify for support for—

(a) more than one designated part-time course;

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

(c) a designated part-time course and a designated postgraduate course.

(1)

S.I. 1992/580, amended by S.S.I. 2002/423 and S.S.I. 2003/401.

(2)

S.I. 1998/1760 (N.I. 14).

(3)

1980 c. 44; section 73(f) was amended by the Teaching and Higher Education Act 1998 (c. 30), section 29(1) and the Education (Graduate Endowment and Student Support) (Scotland) Act 2001 (asp6), section 3(2) and section 74 was amended by the Self Governing Schools etc. (Scotland) Act 1989 (c. 39), Schedule 10, paragraph 8(17). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).