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

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) in assessing his or her application for support the National Assembly determines that the person falls within one of the categories set out in Part 2 of Schedule 1; and

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

(3) A person is not 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 does 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) Despite paragraph (3) and subject to paragraphs (12) and (13), 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.

(11) A person who the National Assembly is satisfied fell within paragraph 4 or 5 of Part 2 of Schedule 1 to the 2006 Regulations immediately before the coming into force of these Regulations and is not excluded by paragraph (3) above, is an eligible student in connection with a designated course (within the meaning of these Regulations), even though he or she does not fall within the equivalent provision contained in paragraph 4 or 5 of Part 2 of Schedule 1 to these Regulations.

(12) Where—

(a) the National Assembly has determined that, by virtue of being a refugee or the spouse, civil partner, child or step-child of a refugee, a person (“A”) was—

(i) an eligible student in connection with an application for support for an earlier year of the present course, an application for support for a course in relation to which the present course is an end-on course or an application in connection with a designated part-time course from which his or her status as an eligible part-time student or an eligible student has been transferred to the present course;

(ii) a qualifying student in connection with an application for support for an earlier year of the qualifying course or other qualifying course from which his or her status as a qualifying student has been transferred to the qualifying course in respect of which the student is applying for support; and

(b) as at the day before the academic year in respect of which A is applying for support starts, the refugee status of A or of his or her spouse, civil partner, parent or step-parent, as the case may be, has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002)(2),

A’s status as an eligible student terminates on the day before the first day of the academic year in respect of which he or she is applying for support.

(13) Where—

(a) the National Assembly has determined that, by virtue of being a person with leave to enter or remain or the spouse, civil partner, child or step-child of such a person, a person (“A”) was—

(i) an eligible student in connection with an application for support for an earlier year of the present course, an application for a course in relation to which the present course is an end-on course or an application in connection with a designated part-time course or other designated course from which his or her status as an eligible part-time student or eligible student has been transferred to the present course; or

(ii) a qualifying student in connection with an application for support for an earlier year of the qualifying course or other qualifying course from which his or her status as a qualifying student has been transferred to the qualifying course in respect of which the student is applying for support; and

(b) the period for which the person with leave to enter or remain is allowed to stay in the United Kingdom is due to expire before the first day of the academic year in respect of which A is applying for support and, as at the day before that academic year starts, no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),

A’s status as an eligible student terminates on the day before the first day of the academic year in respect of which he or she is applying for support.

(14) Paragraphs (12) and (13) do not apply where the student began the course in connection with which the National Assembly determined that he or she was an eligible part-time student, an eligible student or a qualifying student, as the case may be, before 1 September 2007.

(1)

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

(2)

2002 c. 41