The Assembly Learning Grant (Further Education) Regulations 2007

Interpretation

2.  In these Regulations —

“the 2007 Regulations” (“Rheoliadau 2007”) means the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2007 (1);

“academic year” (“blwyddyn academaidd”) means the period of twelve months beginning on 1 January, 1 April, 1 July or 1 September of the calendar year in which the academic year of the course in question begins according to whether that academic year begins on or after 1 January and before 1 April, on or after 1 April and before 1 July, on or after 1 July and before 1 August or on or after 1 August and on or before 31 December, respectively;

“contact hours” (“oriau cyswllt”) means the period of time expressed in hours in respect of which an eligible student receives teaching or supervision during periods of study or practice;

“designated course” (“cwrs dynodedig”) means a course designated as such by the Welsh Ministers for the purposes of these Regulations such course including education (other than higher education) or training consisting of a course or programme of study —

(a)

which requires attendance at a further education institution or at the premises of another provider of education or training, and

(b)

which is funded by the Welsh Assembly Government or the Learning and Skills Council under the Learning and Skills Act 2000, or is funded by a public authority responsible for the funding of education (other than higher education) and training suitable to the requirements of persons aged 19 or over under the law of Scotland or Northern Ireland;

“eligible student” (“myfyriwr cymwys”) has the meaning given in regulation 3;

“financial year” (“blwyddyn ariannol”) means the period of twelve months in respect of which the income of a person whose residual income is calculated under the provisions of regulations 8 to 13 is computed for the purposes of the income tax legislation which applies to it;

“higher education” (“addysg uwch”) means education provided by means of a course of any description in Schedule 6 of the Education Reform Act 1988(2);

“household income” (“incwm yr aelwyd”) has the meaning given in regulation 8;

“independent eligible student” (“myfyriwr annibynnol cymwys”) has the meaning given in regulation 13;

“Member State” (“Aelod-wladwriaeth”) means a Member State of the European Community;

“parent” (“rhiant”) means a natural or adoptive parent and “child” (“plentyn”), “mother” (“mam”) and “father” (“tad”) is construed accordingly;

“parent student” (“myfyriwr sy'n rhiant”) means an eligible student who is the parent of an eligible student;

“partner” (“partner”) in relation to an eligible student 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 civil partner where an eligible student falls within regulation 13(a) and he or she begins the designated course on or after 1 September 2005;

“partner” (“partner”) in relation to the parent of an eligible student means any of the following other than another parent of the eligible student—

(i)

the spouse of an eligible student’s parent;

(ii)

the civil partner of an eligible student’s parent;

(iii)

a person ordinarily living with the parent of an eligible student as if he or she were his or her spouse;

(iv)

a person ordinarily living with the parent of an eligible student as if he or she were the parent’s civil partner;

“period of full time study” (“cyfnod astudio llawnamser”) means a period of study on one or more designated courses comprising 500 or more contact hours during the period starting on 1 September 2007 and ending on 31 August 2008;

“period of part-time study”(“cyfnod astudio rhan-amser”) means a period of study on one or more designated courses and comprising not less than 275 contact hours nor more than 499 contact hours during the period starting on 1 September 2007 and ending on 31 August 2008;

“preceding financial year” (“blwyddyn ariannol flaenorol”) means the financial year immediately preceding the relevant year;

“relevant year” (“blwyddyn berthnasol”) means the academic year in respect of which the household income falls to be assessed;

“residual income” (“incwm gweddilliol”) means taxable income after the application of regulation 9 (in the case of an eligible student), regulation 10 (in the case of an eligible student’s parent), regulation 11 (in the case of an eligible student’s partner) or regulation 12 (in the case of the partner of an eligible student’s parent);

“SLC” (“SLC”) means the Student Loans Company Limited;

“taxable income” (“incwm trethadwy”) means, in relation to regulation 9, in respect of the academic year for which an application has been made under regulation 6 and, in relation to regulation 10, in respect (subject to paragraphs (3), (4) and (5) of regulation 10) of the preceding financial year, a person’s taxable income from all sources computed as for the purposes of—

(i)

the Income Tax Acts;

(ii)

the income tax legislation of another Member State which applies to the person’s income; or

(iii)

where the legislation of more than one Member State applies to the period, the legislation under which the Welsh Ministers consider the person will pay the largest amount of tax in that period (except as otherwise provided in regulation 10);

“training incentive” (“cymhelliant hyfforddi”) means financial support from public funds given with the sole purpose of encouraging an individual to pursue a particular profession.

(1)

S.I. 2006/126 (W.19).

(2)

1988 c. 40.