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

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Regulation 43

SCHEDULE 2

Regulation 44A

SCHEDULE 3ACOLLEGE FEE LOANS

Interpretation

1.  In this Schedule—

(a)“qualifying course” (“cwrs cymhwyso”) means a full-time designated course that is provided by the University of Oxford or the University of Cambridge and—

(i)is listed in regulation 5(5);

(ii)leads to qualification as a social worker; or

(iii)in respect of any academic year of which the student is eligible to receive a payment under a healthcare bursary the amount of which is calculated by reference to his or her income or a Scottish healthcare bursary the amount of which is calculated by reference to his or her income;

(b)“qualifying student” (“myfyriwr cymhwysol”) means a person who meets the conditions in paragraph 3;

(c)“standard academic year” (“blwyddyn academaidd safonol”) means an academic year of the qualifying course that would be taken by a person who does not repeat any part of the course and who enters the course at the same point as the qualifying student.

Availability of college fee loans

2.  A person qualifies for a college fee loan in connection with his or her attendance on a qualifying course in accordance with this Schedule.

3.  A person qualifies for a college fee loan if he or she meets the following conditions—

(a)he or she is an eligible student who is not excluded from qualifying by paragraph 4;

(b)he or she has an honours degree from an institution in the United Kingdom;

(c)he or she is taking a qualifying course which he or she begins on or after 1 September 2006;

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

(e)he or she is under the age of 60 on the first day of the first academic year of the qualifying course.

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

5.  To receive a college fee loan, a qualifying student must enter into a contract with the National Assembly.

6.  A disabled student who is undertaking a qualifying course in the United Kingdom but who is not in attendance because he or she is unable to attend for a reason which relates to his or her disability is treated as if he or she were in attendance on the qualifying course for the purpose of qualifying for the college fee loan.

7.  Where one of the events listed in paragraph 8 occurs in the course of an academic year—

(a)a student may qualify for a college fee loan in accordance with this Schedule in respect of that academic year provided that the relevant event occurred within the first three months of the academic year; and

(b)a college fee loan is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.

8.  The events are—

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

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

(c)the student becomes a family member (as defined in Part 1 of Schedule 1) of an EC national;

(d)the student acquires a right of permanent residence as defined in Part 1 of Schedule 1;

(e)the student becomes a person described in paragraph 6(1)(a) of Schedule 1;

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

9.  A college fee loan is available in respect of each standard academic year of the qualifying course and in respect of one academic year of the qualifying course that is not a standard academic year.

10.  Where a qualifying student is allowed to study the content of one standard academic year of the qualifying course over two or more academic years, for the purpose of determining whether the student qualifies for a college fee loan for those years, the first of such years of study is to be treated as a standard academic year and the following years of that kind are to be treated as academic years that are not standard academic years.

Amount of the college fee loan

11.(1) The amount of the college fee loan in respect of an academic year of a qualifying course is an amount equal to the college fees payable by the student to his or her college or permanent private hall in connection with that year.

(2) Where a qualifying student has applied for a college fee was of less than the maximum amount available in relation to the academic year, he or she may apply to borrow an additional amount which, when added to the amount already applied for, does not exceed the maximum amount available.

Transfers

12.  Despite regulation 8, where a qualifying student transfers from one qualifying course to another—

(a)the National Assembly must transfer the student’s status as a qualifying student to the other course on the request of the student unless the period of eligibility has terminated;

(b)if the student transfers before the end of the academic year after applying for a college fee loan, the amount applied for is paid to the relevant college or permanent private hall in respect of the qualifying course to which the student transfers provided that the conditions in paragraph 14 are met and he or she cannot qualify for another college fee loan in respect of that academic year;

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

Contribution

13.  Where the only support that a qualifying student is applying for is the college fee loan, no contribution is calculated.

Payment

14.(1) The National Assembly must pay the college fee loan for which a qualifying student qualifies to the college or permanent private hall to which the student is liable to make payment.

(2) The National Assembly must pay the college fee loan in one lump sum.

(3) The National Assembly must not pay the college fee loan before—

(a)it has received a valid request for payment from the college or permanent private hall; and

(b)a period of three months beginning with the first day of the academic year has expired.

(4) The college or permanent private hall is required to send confirmation of attendance to the National Assembly in such form as the Assembly may require and the National Assembly must not pay the college fee loan in respect of the academic year until it has received that confirmation unless it determines that owing to exceptional circumstances, it would be appropriate to make a payment without receiving an attendance confirmation.

(5) The National Assembly must not make a payment of college fee loan in respect of a qualifying course if—

(a)before the expiry of a period of three months beginning with the first day of the academic year the qualifying student ceases to attend the course; and

(b)the college or permanent private hall has determined or agreed that the student will not commence attending again during the academic year in respect of which the college fees are payable or at all.

Overpayment

15.  Any overpayment of college fee loan is recoverable by the National Assembly from the college or permanent private hall..

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