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

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PART 6GRANTS FOR LIVING COSTS

General qualifying conditions for grants for living costs

18.—(1) An eligible student qualifies for a grant for living costs under this Part provided that—

(a)the student is not excluded from qualification by any of the following paragraphs, regulation 6 or regulation 7; and

(b)the student satisfies the qualifying conditions for the particular grant for living costs for which he or she is applying.

(2) An eligible student does not qualify for a grant for living costs under this Part if the only paragraph from 1 to 8 of Schedule 1 into which the student falls is paragraph 7.

(3) An eligible student does not qualify for a grant for living costs under this Part in respect of any academic year—

(a)during which the student is eligible to receive any payment under a healthcare bursary the amount of which is calculated by reference to the student’s income;

(b)during which the student is eligible to receive a Scottish healthcare allowance the amount of which is calculated by reference to the student’s income; or

(c)of a course for the initial training of teachers during which the periods of full-time attendance, including attendance for the purpose of teaching practice, are in aggregate less than 6 weeks.

(4) Paragraph (3)(c) does not apply for the purposes of regulation 19.

(5) With the exception of a grant under regulation 20, an eligible student does not qualify for a grant for living costs under this Part in respect of any academic year 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.

(6) For the purposes of paragraph (5), “unpaid service” (“gwasanaeth di-dâl”) 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 a student attending an overseas institution as part of his or her course, in an overseas institution; or

(e)unpaid service with—

(i)a Health Authority or a Strategic Health Authority established pursuant to section 8 of the National Health Service Act 1977(1) or a Special Health Authority established pursuant to section 11 of that Act(2) or a Local Health Board established pursuant to section 16BA to that Act(3);

(ii)a Health Board or a Special Heath Board constituted under section 2 of the National Health Service (Scotland) Act 1978(4); or

(iii)a Health and Social Services Board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972(5).

(7) Where a student becomes an eligible student during the course of an academic year as a result of one of the events listed in paragraph (8), the student may qualify for a particular grant for living costs in accordance with this Part in respect of that academic year but does not qualify for a grant for living costs in respect of any academic year beginning before the academic year in which the relevant event occurred.

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

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

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

Grants for disabled students' living costs

19.—(1) An eligible student qualifies in accordance with this regulation for a grant to assist with the additional expenditure which the National Assembly is satisfied the student is obliged to incur in respect of his or her undertaking a designated course by reason of a disability to which the student is subject.

(2) An eligible student does not qualify for a grant under this regulation unless the student undertakes the course in the United Kingdom.

(3) Subject to the following paragraphs, the amount of grant under this regulation is the amount that the National Assembly considers appropriate.

(4) The amount of the grant must not exceed—

(a)£12,135 in respect of an academic year for expenditure on a non-medical personal helper;

(b)£4,795 in respect of all the academic years during the period of eligibility for expenditure on major items of specialist equipment;

(c)the additional expenditure incurred—

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

(ii)within or outside the United Kingdom for the purpose of attending, as a part of his or her course, any period of study at an overseas institution or for the purpose of attending the British Institute in Paris;

(d)£1,605 in respect of an academic year for any other expenditure including expenditure incurred for the purposes referred to in sub-paragraph (a) or (b) which exceeds the specified maxima.

(5) Where the eligible student has received payments to assist with expenditure on major items of specialist equipment in connection with the course by virtue of holding a transitional award, the maximum amount of grant under paragraph (4)(b) is reduced by the amount of those payments.

(6) The maximum amount of grant under paragraphs (4)(a) and (4)(d) is £9,105 and £1,200, respectively where—

(a)an eligible student attends a course for the initial training of teachers; and

(b)in any academic year of that course, the periods of full-time attendance (including attendance for the purpose of teaching practice) are in aggregate less than 6 weeks.

Grants for students who have left care

20.—(1) An eligible student qualifies for a grant under this regulation in connection with the student’s attendance on a designated course if the conditions in paragraph (2) are satisfied.

(2) The conditions referred to in paragraph (1) are—

(a)the eligible student is under the age of 21 on the first day of the course;

(b)the eligible student falls within paragraph 2(f) of Schedule 4; and

(c)in the opinion of the National Assembly, the eligible student is subject to greater financial hardship by virtue of falling within paragraph 2(f) of Schedule 4 than the student would otherwise have been.

(3) Subject to paragraph (4), the amount of grant is such amount as the National Assembly considers appropriate in the circumstances.

(4) The maximum amount of grant is £100 for each week or part of a week in an academic year which—

(a)falls within the longest vacation taken; and

(b)during no part of which week the student attends his or her course.

Grants for dependants- general

21.—(1) The grant for dependants consists of the following elements—

(a)adult dependants' grant;

(b)childcare grant;

(c)parents' learning allowance.

(2) The qualifying conditions for each element and the amounts payable are set out in regulations 22 to 25.

(3) A deduction may be made from any element of the grant for dependants in accordance with regulation 46.

Grants for dependants- adult dependants' grant

22.—(1) An eligible student qualifies for an adult dependants' grant in connection with his or her attendance on a designated course in accordance with this regulation.

(2) The adult dependants' grant is available in respect of either—

(a)the eligible student’s partner; or

(b)an adult dependant of the eligible student whose net income does not exceed £3,350.

(3) The amount of adult dependants' grant payable in respect of an academic year is calculated in accordance with regulation 25, the basic amount being—

(a) £2,455; or

(b)where the person in respect of whom the eligible student is applying for adult dependants' grant is ordinarily resident outside the United Kingdom, such amount not exceeding £2,455 as the National Assembly considers reasonable in the circumstances.

(4) The amount of adult dependants' grant calculated under regulation 25 is reduced by one half where—

(a)the eligible student’s partner—

(i)is an eligible student; or

(ii)holds a statutory award; and

(b)account is taken of that partner’s dependants in calculating the amount of support for which that partner qualifies or the payment to which he or she is entitled under the statutory award.

Grants for dependants- childcare grant

23.—(1) An eligible student qualifies, in connection with his or her attendance on a designated course, for a grant in respect of childcare costs for each dependent child in accordance with this regulation.

(2) Subject to paragraph (3), an eligible student qualifies for a childcare grant in respect of an academic year where childcare is provided by an approved or registered childcare provider if—

(a)the child is under the age of 15 immediately before the beginning of the academic year; or

(b)the child has special educational needs within the meaning of section 312 of the Education Act 1996(6) and is under the age of 17 immediately before the beginning of the academic year.

(3) An eligible student does not qualify for a grant under this regulation if the student or the student’s partner has elected to receive the childcare element of the working tax credit under Part I of the Tax Credits Act 2002(7).

(4) Subject to paragraph (5), the basic amount of childcare grant for each week is—

(a)for one dependent child, 85 per cent. of the costs of the childcare, subject to a maximum amount of £175 per week; or

(b)for two or more dependent children, 85 per cent. of the costs of the childcare, subject to a maximum amount of £300 per week,

except that the student does not qualify for any such grant in respect of each week falling within the period between the end of the course and the end of the academic year in which the course ends.

(5) For the purposes of calculating the basic amount of childcare grant—

(a)a week runs from Monday to Sunday; and

(b)where a week in respect of which childcare costs are incurred falls partly within and partly outside the academic year in respect of which childcare grant is payable under this regulation, the maximum weekly amount of grant is calculated by multiplying the relevant maximum weekly amount in paragraph (4) by the proportion which the number of days of that week falling within the academic year bears to the number of days in a week.

(6) The amount of childcare grant calculated under regulation 25 is reduced by one half where—

(a)the eligible student’s partner—

(i)is an eligible student; or

(ii)holds a statutory award; and

(b)account is taken of that partner’s dependants in calculating the amount of support for which that partner qualifies or the payment to which he or she is entitled under the statutory award.

(7) In this regulation—

(a)“approved childcare provider” (“darparydd gofal plant wedi'i gymeradwyo”) means a childcare provider within the meaning of the Tax Credit (New Category of Child Care Provider) Regulations 1999(8) who has been approved in accordance with those Regulations; and

(b)“registered childcare provider” (“darparydd gofal plant wedi'i gofrestru”) means a person who acts as a child minder or provides day care and is registered within the meaning of section 79F of the Children Act 1989(9) (grant or refusal of registration of child minders and persons providing day care for young children).

Grants for dependants- parents' learning allowance

24.—(1) An eligible student qualifies in connection with the student’s attendance on a designated course for the parents' learning allowance if the student has one or more dependent children.

(2) The amount of parents' learning allowance payable in respect of an academic year is calculated in accordance with regulation 25, the basic amount being £1,400.

Grants for dependants- calculations

25.—(1) Subject to the following paragraphs, the amount payable in respect of a particular element of the grant for dependants for which the eligible student qualifies under regulations 22 to 24 is the amount of that element remaining after applying, until it is extinguished, an amount equal to (A− B) as follows and in the following order—

(a)to reduce the basic amount of the adult dependants' grant where the eligible student qualifies for that element under regulation 22;

(b)to reduce the basic amount of the childcare grant for the academic year where the eligible student qualifies for that element under regulation 23; and

(c)to reduce the basic amount of the parents' learning allowance where the eligible student qualifies for that element under regulation 24.

(2) Subject to paragraphs (4) and (5), where B is greater than or equal to A, the basic amount of each element of the grant for dependants for which the eligible student qualifies is payable.

(3) Where (A−B) is equal to or exceeds the aggregate of the basic amounts of the elements of the grant for dependants for which the eligible student qualifies, the amount payable in respect of each element is nil.

(4) The amount of the adult dependants' grant calculated under this regulation must be reduced in accordance with regulation 22(4).

(5) The amount of the childcare grant calculated under this regulation must be reduced in accordance with regulation 23(6).

(6) Where the amount of the parents' learning allowance calculated under paragraph (1) is £0.01 or more but less than £50, the amount of parents' learning allowance payable is £50.

(7) In this regulation—

  • A is the aggregate of the net income of each of the eligible student’s dependants; and

  • B is £1,075 where the eligible student has no dependent child;

  • £3,225 where the eligible student is not a lone parent and has one dependent child;

  • £4,300 where the eligible student is not a lone parent and has more than one dependent child;

  • £4,300 where the eligible student is a lone parent and has one dependent child;

  • £5,380 where the eligible student is a lone parent and has more than one dependent child.

(8) Paragraphs (9) to (12) apply 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)a person becomes or ceases to be a dependant of the eligible student;

(c)the eligible student becomes or ceases to be a lone parent;

(d)a student becomes an eligible student as a result of an event referred to in regulation 18(8).

(9) For the purposes of determining the respective values of A and B and whether adult dependants' grant or parents' learning allowance is payable, the National Assembly shall determine the following in relation to each relevant quarter by reference to the student’s circumstances in the relevant quarter—

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

(b)who those dependants are;

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

(10) The amount of grant for dependants for the academic year is the aggregate of the amounts of adult dependants' grant and parents' learning allowance calculated in respect of each relevant quarter under paragraph (11) and the amount of any childcare grant for the academic year.

(11) The amount of adult dependants' grant and parents' learning allowance in respect of a relevant quarter is one third of what that grant or allowance would be for the academic year if the student’s circumstances in the relevant quarter as determined under paragraph (9) applied for the duration of the academic year.

(12) In this regulation, a “relevant quarter” (“chwarter perthnasol”) means—

(a)in the case of a person referred to in paragraph (8)(d), a quarter which begins after the relevant event occurs other than a quarter during which, in the opinion of the National Assembly, the longest of any vacation occurs;

(b)otherwise, a quarter other than the one quarter during which, in the opinion of the National Assembly, the longest of any vacation occurs.

Grants for dependants- interpretation

26.—(1) In regulations 21 to 25—

(a)“adult dependant” (“dibynnydd mewn oed”) means, in relation to an eligible student, an adult person dependent on the student other than the student’s child, the student’s partner or former partner (including a spouse or civil partner who is not ordinarily living with the student);

(b)“child” (“plentyn”) in relation to an eligible student includes any child of the student’s partner and any child for whom the student has parental responsibility where those children are dependent on the student;

(c)“dependant” (“dibynnydd”) means, in relation to an eligible student, the student’s partner, the student’s dependent child or an adult dependant, who in each case is not an eligible student and does not hold a statutory award;

(d)“dependent” (“dibynnol”) means wholly or mainly financially dependent;

(e)“lone parent” (“rhiant unigol”) means an eligible student who does not have a partner and who has a dependent child or dependent children;

(f)“net income” (“incwm net”) has the meaning given in paragraph (2);

(g)subject to sub-paragraphs (h), (i) and (j), “partner” (“partner”) means any of the following—

(i)the spouse of an eligible student;

(ii)the civil partner of an eligible student;

(iii)a person ordinarily living with an eligible student as if he or she were his or her spouse where an eligible student falls within paragraph 2(a) of Schedule 4 and begins the designated course on or after 1 September 2000;

(iv)a person ordinarily living with an eligible student as if they were the student’s civil partner where an eligible student falls within paragraph 2(a) of Schedule 4 and begins the designated course on or after 1 September 2005;

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

(i)in the opinion of the National Assembly, that person and the eligible student have ceased ordinarily to live together; or

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

(i)for the purposes of sub-paragraph (a), a person is treated as a partner if the person would be a partner under sub-paragraph (g) but for the fact that the eligible student with whom the person is ordinarily living does not fall within paragraph 2(a) of Schedule 4;

(j)for the purposes of sub-paragraphs (b) and (c), a person is treated as a partner if the person would be a partner under sub-paragraph (g) but for the date on which the eligible student began the student’s course or the fact that the eligible student with whom the person is ordinarily living does not fall within paragraph 2(a) of Schedule 4.

(2) Subject to paragraph (3), a dependant’s net income is the dependant’s income from all sources for the academic year in question reduced by the amount of income tax and social security contributions payable in respect of it but disregarding—

(a)any pension, allowance or other benefit paid by reason of a disability or incapacity to which the dependant is subject;

(b)child benefit payable under Part IX of the Social Security Contributions and Benefits Act 1992(10);

(c)any financial support payable to the dependant by a local authority in accordance with regulations made under paragraph 3 of Schedule 4 to the Adoption and Children Act 2002(11);

(d)any guardian’s allowance to which the dependant is entitled under section 77 of the Social Security Contributions and Benefits Act 1992;

(e)in the case of a dependant with whom a child in the care of a local authority is boarded out, any payment made to that dependant in pursuance of section 23 of the Children Act 1989(12);

(f)any payments made to the dependant under section 15 of and Schedule 1 to the Children Act 1989 in respect of a person who is not the dependant’s child or any assistance given by a local authority pursuant to section 24 of that Act; and

(g)any child tax credit to which the dependant is entitled under Part I of the Tax Credits Act 2002.

(3) Where an eligible student or the student’s partner makes any recurrent payments which were previously made by the student in pursuance of an obligation incurred before the first academic year of the student’s course, the partner’s net income is the net income calculated in accordance with paragraph (2) reduced by—

(a)an amount equal to the payments in question for the academic year, if in the opinion of the National Assembly the obligation had been reasonably incurred; or

(b)such lesser amount, if any, as the National Assembly considers appropriate if, in its opinion, a lesser obligation could reasonably have been incurred.

(4) For the purposes of paragraph (2), where the dependent is a dependent child and payments are made to the eligible student towards the child’s maintenance, those payments are to be treated as the child’s income.

Grants for travel

27.—(1) A grant is available to an eligible student attending a course in medicine or dentistry (a necessary part of which is a period of study by way of clinical training) in respect of the reasonable expenditure which he or she is obliged to incur in an academic year for the purpose of attending in connection with his or her course any hospital or other premises in the United Kingdom (not comprised in the institution) at which facilities for clinical training are provided other than expenditure incurred for the purpose of residential study away from the institution.

(2) A grant is available to an eligible student in respect of the reasonable expenditure which he or she is obliged to incur in an academic year within or outside the United Kingdom for the purpose of attending for a period of at least eight weeks as part of his or her course an overseas institution or the British Institute in Paris.

(3) The amount of grant payable in respect of an academic year is equal to the reasonable expenditure which the National Assembly determines the eligible student is obliged to incur for the purposes in paragraph (1) or paragraph (2).

(4) In determining the expenditure incurred by an eligible student £285 of such expenditure is disregarded.

(5) For the purposes of this regulation any reference to expenditure incurred for the purpose of attending an institution or period of study—

(a)includes expenditure both before and after so attending; and

(b)does not include any expenditure in respect of which a grant is payable under regulation 19.

(6) Where an eligible student attends for a period of at least eight weeks as part of his or her course an overseas institution or the British Institute in Paris and he or she reasonably incurs any expenditure in insuring against liability for the cost of medical treatment provided outside the United Kingdom for any illness or bodily injury contracted or suffered during that period he or she qualifies for additional grant under this regulation equal to the amount so incurred.

(7) A deduction may be made from a grant under this regulation in accordance with regulation 46.

Higher education grants

28.—(1) An old system eligible student qualifies in accordance with this regulation for a higher education grant in connection with his or her attendance on a designated course to defray the cost of books, equipment, travel or childcare incurred for the purpose of attending that course.

(2) An old system eligible student does not qualify for a higher education grant unless he or she began the designated course on or after 1 September 2004.

(3) The maximum amount of higher education grant available in respect of an academic year is £1,000.

(4) An eligible student who qualifies for a higher education grant is entitled to receive an amount as follows—

(a)in any case where the household income is £15,970 or less, he or she is entitled to receive the maximum amount of grant available;

(b)in any case where the household income exceeds £15,970 and does not exceed £21,955, he or she receives an amount equal to M− A, where M is £1,000 and A is £1 for every complete £6.30 by which the household income exceeds £15,970; ; and in any case where the household income exceeds £21,955, no grant is payable under this regulation.

Maintenance grant

29.—(1) A new system eligible student qualifies in accordance with this regulation for a maintenance grant for living costs in connection with his or her attendance on a designated course.

(2) A new system student does not qualify for a maintenance grant if he or she qualifies for a special support grant.

(3) An eligible student does not qualify for a maintenance grant unless he or she begins the designated course on or after 1 September 2006.

(4) The maximum amount of maintenance grant available in respect of an academic year is—

(a)in the case of a type 1 teacher training student, £1,350;

(b)in the case of a type 2 teacher training student, £2,700; and

(c)in the case of a new system student other than a type 1 or type 2 teacher training student, £2700.

(5) A type 1 teacher training student who qualifies for a maintenance grant in respect of an academic year receives an amount as follows in respect of that year—

(a)where the household income is £17,500 or less, he or she receives £1,350;

(b)where household income exceeds £17,500 but does not exceed £26,500, he or she receives an amount equal to M−(A/2) where M is £1,350 and A is £1 for every £6 by which household income exceeds £17,500; and

(c)where the household income exceeds £26,500, he or she receives £600.

(6) A type 2 teacher training student who qualifies for a maintenance grant in respect of an academic year receives an amount as follows in respect of that year—

(a)where the household income is £17,500 or less, he or she receives £2,700;

(b)where household income exceeds £17,500 but does not exceed £26,500, he or she receives an amount equal to M−A where M is £2,700 and A is £1 for every £6 by which household income exceeds £17,500; and

(c)where the household income exceeds £26,500, he or she receives £1,200.

(7) A new system eligible student other than a type 1 or type 2 teacher training student who qualifies for a maintenance grant in respect of an academic year receives an amount as follows in respect of that year—

(a)where the household income is £17,500 or less, he or she receives £2,700;

(b)where household income exceeds £17,500 but does not exceed £26,500, he or she receives an amount equal to M−A where M is £2,700 and A is £1 for every £6 by which household income exceeds £17,500;

(c)where household income exceeds £26,500 but does not exceed £37,425, he or she receives an amount equal to RM− A, where RM is £1,200 and A is £1 for every complete £9.50 by which household income exceeds £26,500;

(d)where the household income exceeds £37,425, no maintenance grant is payable.

Special Support Grant

30.—(1) A new system eligible student qualifies in accordance with this regulation for a special support grant in connection with his or her attendance on a designated course to defray the cost of books, equipment, travel or childcare incurred for the purpose of attending that course.

(2) A new system student qualifies for a special support grant if he or she falls within a prescribed category of person for the purposes of section 124(1)(e) of the Social Security Contributions and Benefits Act 1992.

(3) The maximum amount of special support grant available in respect of an academic year is

(a)in the case of a type 1 teacher training student, £1,350;

(b)in the case of a type 2 teacher training student, £2,700; and

(c)in the case of a new system student other than a type 1 or type 2 teacher training student, £2,700.

(4) A type 1 teacher training student who qualifies for special support grant in respect of an academic year receives an amount as follows in respect of that year—

(a)where the household income is £17,500 or less, he or she receives £1,350;

(b)where household income exceeds £17,500 but does not exceed £26,500, he or she receives an amount equal to M−(A/2) where M is £1,350 and A is £1 for every £6 by which household income exceeds £17,500; and

(c)where the household income exceeds £26,500, he or she receives £600.

(5) A type 2 teacher training student who qualifies for special support grant in respect of an academic year receives an amount as follows in respect of that year—

(a)where the household income is £17,500 or less, he or she receives £2,700;

(b)where household income exceeds £17,500 but does not exceed £26,500, he or she receives an amount equal to M-A where M is £2,700 and A is £1 for every £6 by which household income exceeds £17,500; and

(c)where the household income exceeds £26,500, he or she receives £1,200.

(6) A new system eligible student other than a type 1 or type 2 teacher training student who qualifies for a special support grant in respect of an academic year receives an amount as follows in respect of that year—

(a)where the household income is £17,500 or less, he or she receives £2,700;

(b)where household income exceeds £17,500 but does not exceed £26,500, he or she receives an amount equal to M−A where M is £2,700 and A is £1 for every £6 by which household income exceeds £17,500;

(c)where household income exceeds £26,500 but does not exceed £37,425, he or she receives an amount equal to RM− A, where RM is £1,200 and A is £1 for every complete £9.50 by which household income exceeds £26,500;

(d)where the household income exceeds £37,425, no maintenance grant is payable.

(1)

1977 c. 49; section 8 was amended by the National Health Service Reform and Health Care Professions Act 2002 (c. 17), section 1(2).

(2)

Section 11 was amended by the Health Authorities Act 1995 (c. 17), section 2 and Schedule 1, paragraph 2 and the Health Act 1999 (c. 8), Schedule 4, paragraph 6.

(3)

Section 16BA was inserted by the National Health Service Reform and Health Care Professions Act 2002, section 6(1).

(6)

1996 c. 56; section 312 was amended by the Education Act 1997 (c. 44), Schedule 7, paragraph 23, the Schools Standards and Framework Act 1998 (c. 31), section 140, Schedule 30, paragraph 71 and Schedule 31 and the Learning and Skills Act 2000 (c. 21), Schedule 9, paragraph 56.

(9)

1989 c. 41; section 79F was inserted by the Care Standards Act 2000 (c. 14).

(10)

1992 c. 4.

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