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

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Eligible students

4.—(1) An eligible student qualifies for support in connection with a designated course subject to and in accordance with these Regulations.

(2) A person is an eligible student in connection with a designated 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 shall not be an eligible student if—

(a)an old award has been bestowed on that person in respect of the person’s attendance on the course;

(b)the person is eligible for a loan in relation to an academic year of the course under the Education (Student Loans) Act 1990 or the Education (Student Loans) (Northern Ireland) Order 1990;

(c)there has been bestowed on, or paid to, the person in relation to the person’s attendance on the course—

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

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

(d)the person is in breach of any obligation to repay any loan;

(e)the person has reached the age of 18 and has not ratified any agreement for a loan made with them when they were under the age of 18; or

(f)the person has, in the opinion of the National Assembly, shown themselves by their conduct to be unfitted to receive support.

(4) For the purposes of paragraphs (3)(d) and (3)(e), “loan” (“benthyciad”) means a loan made under the student loans legislation.

(5) In a case where the agreement for a loan is subject to the law of Scotland, paragraph (3)(e) only applies if the agreement was made—

(a)before 25 September 1991, and

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

(6) An eligible student in respect of whom the first academic year of the course begins on or after 1 September 2000 must not, at any one time, qualify for support for—

(a)more than one designated course;

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

(c)a designated course and a designated postgraduate course.

(7) Notwithstanding paragraph (2), a person is an eligible student for the purposes of these Regulations if he or she satisfies the conditions in paragraph (8), (9) or (10).

(8) The conditions in this paragraph are—

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

(c)that status has not expired or been terminated.

(9) The conditions in this paragraph are—

(a)the present course is an end-on course which the person is starting on or after 1 September 2006;

(b)the person qualified as an eligible student in connection with the course in relation to which the present course is an end-on course;

(c)the period of eligibility in respect of the course in sub-paragraph (b) only ceased on the grounds that the student had completed the course; and

(d)the person was ordinarily resident in Wales on the first day of the first academic year of the course in sub-paragraph (b).

(10) The conditions in this paragraph are—

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

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

(ii)an eligible student in connection with a designated course other than the present course,

(b)the person’s status as an eligible part-time student or as an eligible student in connection with the course in sub-paragraph (a) 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.

(1)

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

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