The Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2007

General qualifying conditions for grants for living costs

23.—(1) An eligible student qualifies for a grant 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 which he or she is applying.

(2) An eligible student does not qualify for a grant under this Part if the only paragraph in Part 2 of Schedule 1 into which the student falls is paragraph 9.

(3) An eligible student does not qualify for a grant 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 24.

(5) An eligible student does not qualify for a grant 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) (“the 1977 Act”) or a Special Health Authority established pursuant to section 11 of the 1977 Act(2) or pursuant to section 22 of the National Health Service (Wales) Act 2006(3) or a Local Health Board established pursuant to section 16BA to the 1977(4) Act or pursuant to section 22 of the National Health Service (Wales) Act 2006 ;

(ii) a Health Board or a Special Heath Board constituted under section 2 of the National Health Service (Scotland) Act 1978(5); or

(iii) a Health and Social Services Board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972(6).

(7) Subject to paragraph (8), an eligible student does not qualify for a grant under regulation 35, 36 or 37 in respect of an academic year of the designated course if the student does not qualify for relevant support in respect of that academic year.

(8) Paragraph (7) does not apply if the reason that the student does not qualify for relevant support is because —

(a) he or she is participating in the action scheme of the European Community for the mobility of university students known as ERASMUS and his or her course is a course referred to in regulation 5(1)(d); and all the periods of study during the academic year are at an institution outside the United Kingdom; or

(b) the degree course is a flexible postgraduate ITT course.

(9) In paragraph (7) “relevant support” (“cymorth perthnasol”) means, in the case of a grant under regulation 35, a grant for fees, or, in the case of a grant under regulations 36 or 37, a loan for fees.

(10) 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 (11), the student may qualify for a particular grant in accordance with this Part in respect of that academic year but does not qualify for a grant in respect of any academic year beginning before the academic year in which the relevant event occurred.

(11) The events referred to in paragraph (10) are —

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

(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;

(c) the state of which the student is a national accedes to the European Community where the student has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the first academic year of the course;

(d) the student acquires the right of permanent residence;

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

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

(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)

2006 c. 42

(4)

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

(5)

1978 c. 29.

(6)

S.I. 1972/1265 (N.I. 14).