The Assembly Learning Grants (European Institutions) (Wales) Regulations 2008

PART 4 FINANCIAL SUPPORT

General

17.—(1) Subject to paragraph (2), the general rule is that—

(a) an eligible student who is attending a designated course provided by the Bologna Center (“Bologna Center student”) qualifies for support in connection with an academic year of that course in accordance with the provisions of Chapter 1;

(b) an eligible student who is attending a designated course provided by the College of Europe (“College of Europe student”) qualifies in connection with an academic year of that course for—

(i) a grant for fees and grants for living and other costs in accordance with Chapter 2; and

(ii) supplementary grants in accordance with Chapter 4; and

(c) an eligible student who is attending a designated course provided by the European University Institute (“European University Institute student”) qualifies in connection with an academic year for—

(i) grants for living and other costs in accordance with Chapter 3; and

(ii) supplementary grants in accordance with Chapter 4.

(2) If the academic year in respect of which the eligible student has applied for support is a year of repeat study the Welsh Ministers may determine that—

(a) the student does not qualify for a particular type or amount of support in respect of the year of repeat study; or

(b) the student does not qualify for any support in respect of the year of repeat study.

(3) In determining whether an eligible student should not qualify for some or any support in accordance with paragraph (2) the Welsh Ministers must have regard to the circumstances of the case and in particular the reasons for which the student has been required to repeat an academic year.

(4) For the purposes of this regulation, “year of repeat study” means an academic year which the student has previously attended but is required by the relevant European institution to attend again.

CHAPTER 1 GRANTS FOR FEES FOR BOLOGNA CENTER STUDENTS

Grant for fees

18.—(1) A Bologna Center student qualifies for a grant for fees in respect of an academic year of the current course calculated in accordance with paragraph (2).

(2) Subject to paragraph (3), the amount of grant for fees payable in respect of an academic year is the aggregate amount of fees payable by the student in respect of, or otherwise in connection with, his or her attendance on the course during that academic year.

(3) Despite paragraph (2), the grant for fees payable under this regulation is not to exceed 25,580 euro.

CHAPTER 2 GRANTS FOR COLLEGE OF EUROPE STUDENTS

Grant for fees

19.—(1) A College of Europe student qualifies for a grant for fees in respect of an academic year of the current course calculated in accordance with paragraph (2).

(2) Subject to paragraph (3), the amount of grant for fees payable in respect of an academic year is the aggregate amount of fees payable by the student in respect of, or otherwise in connection with, his or her attendance on the current course during that academic year.

(3) The maximum amount of grant for fees is 11, 090 euro.

Grants for living and other costs

20.—(1) Subject to paragraph (2), a College of Europe Student qualifies in respect of an academic year for the grants for living and other costs specified in and calculated in accordance with paragraphs (3) to (7).

(2) A College of Europe student does not qualify for any of the grants payable under this regulation if paragraph 9 of Part 2 of Schedule 2 is the only paragraph of Part 2 of that Schedule into which the student falls.

(3) A College of Europe student qualifies for a grant for living costs of an amount equal to the sum of (A + B)

• where—

• A is £2,402; and

• B is £49 for each week, including a week during which the student is required to attend the College of Europe for less than 5 days, that the student is required to attend the College of Europe in excess of 30 weeks and 3 days.

(4) A College of Europe student qualifies for a grant for board and lodging of 6,000 euro.

(5) A College of Europe student qualifies for a grant for travel home of an amount equal to (A − B)

• where—

• A is the amount determined by the Welsh Ministers to be the cost of three return journeys from the student’s home address to the College of Europe; and

• B is £99.

(6) A College of Europe student qualifies for a grant for college travel of such amount as the Welsh Ministers determine to be the reasonable cost of travel from the student’s residence whilst attending the College of Europe to the College of Europe.

(7) Subject to the prior agreement of the Welsh Ministers before costs are incurred, a College of Europe student qualifies for a grant for research travel of such amount as the Welsh Ministers determine to be the reasonable cost of travel incurred for the purposes of completing periods of research authorised by the College of Europe during the academic year in respect of which support is being applied for.

21.  A deduction may be made in accordance with Part 5 from the amount payable in respect of any of the grants calculated in accordance with regulation 20.

CHAPTER 3 GRANTS FOR EUROPEAN UNIVERSITY INSTITUTE STUDENTS

Grants for living and other costs

22.—(1) Subject to paragraphs (2) and (3), a European University Institute student qualifies in respect of an academic year for the grants for living and other costs specified in and calculated in accordance with paragraphs (3) to (7).

(2) A European University Institute student does not qualify for any of the grants payable under this regulation if paragraph 9 of Part 2 of Schedule 2 is the only paragraph of Part 2 of that Schedule into which the student falls.

(3) A European University Institute student qualifies for a grant for living costs of 13,240 euro in relation to an academic year beginning before 1 September 2008 and of 17,640 euro in relation to an academic year beginning on or after 1 September 2008.

(4) A European University Institute student qualifies for a grant for travel home of the amount determined by the Welsh Ministers to be the reasonable cost of one return journey from the student’s home address to the European University Institute;

(5) A European University Institute student qualifies for a grant for college travel of the amount determined by the Welsh Ministers to be the reasonable cost of travel from the student’s residence whilst attending the European University Institute to the European University Institute.

(6) Subject to the prior agreement of the Welsh Ministers before costs are incurred, a European University Institute student qualifies for a grant for research travel of the amount determined by the Welsh Ministers to be the reasonable cost of travel incurred for the purposes of completing periods of research authorised by the European University Institute during the academic year in respect of which support is being applied for.

(7) A European University Institute student qualifies for a grant for medical insurance of the amount determined by the Welsh Ministers to be the reasonable cost of insuring the student against liability for the cost of medical treatment provided outside the United Kingdom where the ordinary duration of the course is more than one academic year.

23.  A deduction may be made in accordance with Part 5 from the amount payable in respect of any of the grants calculated under paragraphs (4) to (6) of regulation 22.

CHAPTER 4 SUPPLEMENTARY GRANTS

Disabled students' allowance

24.—(1) Subject to paragraph (2), a College of Europe student or a European University Institute student qualifies for a disabled students' allowance to assist with the additional expenditure which the Welsh Ministers are satisfied that the student is obliged to incur by reason of a disability to which he or she is subject in respect of his or her attendance at a designated course.

(2) A College of Europe student or a European University Institute student does not qualify for a disabled students' allowance if paragraph 9 of Part 2 of Schedule 2 is the only paragraph of Part 2 of that Schedule into which the student falls.

Amount of disabled students' allowance

25.—(1) Subject to paragraph (2), the amount of the disabled student’s allowance is the amount that the Welsh Ministers consider appropriate in accordance with the student’s circumstances to assist with one or more types of eligible expenditure.

(2) The amount of disabled students' allowance must not exceed £10,000 in respect of an academic year.

(3) The “types of eligible expenditure” are—

(a) expenditure on a non-medical personal helper;

(b) expenditure on major items of specialist equipment;

(c) any additional expenditure incurred—

(i) in the country where the relevant institution is located for the purpose of attending the institution; and

(ii) within or outside the United Kingdom for the purpose of travelling to the relevant institution in order to attend the relevant course.

Grant for dependants

26.—(1) The grant for dependants consists of the following elements—

(a) adult dependants' grant; and

(b) parents learning allowance.

(2) The qualifying conditions for each element and the amounts payable are set out in regulations 27 to 31.

Adult dependants' grant

27.—(1) Subject to paragraph (3), a College of Europe Student or a European University Institute student qualifies for an adult dependants' grant in connection with his or her attendance on a designated course in accordance with this regulation.

(2) The adult dependants' grant is available in respect of a dependant of an eligible student who is either—

(a) the student’s partner; or

(b) an adult dependant of the student whose net income does not exceed, £3,705.

(3) A College of Europe student or a European University Institute student does not qualify for the grant payable under this regulation if paragraph 9 of Part 2 of Schedule 2 is the only paragraph of Part 2 of that Schedule into which the student falls.

28.  The amount of adult dependants' grant payable in respect of an academic year is calculated in accordance with regulation 30, the basic amount being—

(a) in respect of the current academic year, £2,580; or

(b) where the person in respect of whom the student is applying for adult dependants' grant is ordinarily resident outside of the United Kingdom, such amount not exceeding £2,580 as the Welsh Ministers consider reasonable in the circumstances.

Parents' learning allowance

29.—(1) Subject to paragraph (2), a College of Europe student or a European University Institute student qualifies in connection with his or her attendance on a designated course for the parents' learning allowance if he or she has one or more dependent children.

(2) A College of Europe student or a European University Institute student does not qualify for the grant payable under this regulation if paragraph 9 of Part 2 of Schedule 2 is the only paragraph of Part 2 of that Schedule into which the student falls.

(3) The amount of parents' learning allowance payable in respect of an academic year is calculated in accordance with regulation 30, the basic amount being, £1,470.

Calculations

30.—(1) Subject to the following paragraphs, the amount payable in respect of a particular element of the grant for dependants for which the College of Europe student or European University Institute student qualifies under regulations 27 to 29 is the amount of that element remaining after applying, until it is extinguished or no element remains payable under regulations 27 to 29, an amount equal to (A −B) as follows and in the following order—

(a) to reduce the basic amount of the adult dependants' grant where the student qualifies for that element under regulation 27; and

(b) to reduce the basic amount of parents' learning allowance where the student qualifies for that element under regulation 29.

(2) Subject to paragraphs (4) and (5), where B is greater than or equal to A, the basic amount of each element of the grant for dependants for which the student qualifies is payable.

(3) Where (A − B) is equal to or exceeds the aggregate of the basic amounts of the elements of the grant for dependants for which the eligible student qualifies, the amount payable in respect of each element is nil.

(4) The amount of adult dependants' grant calculated under paragraph (1) is reduced by one half where—

(a) the student’s partner—

(i) is an eligible student; or

(ii) holds a statutory award; and

(b) account is taken of that partner’s dependants in calculating the amount of support for which that partner qualifies or the payment to which he or she is entitled under the statutory award.

(5) Where the amount of the parents' learning allowance calculated under paragraph (1) is £0.01 or more but less than £50, the amount of parents' learning allowance payable is £50.

(6) For the purposes of this regulation—

• A is the aggregate of the net income of each of the eligible student’s dependants; and

• B is—

  (a)

  £1,130 where the student has no dependent children;

  (b)

  £3,385 where the student is not a lone parent and has one dependent child;

  (c)

  £4,515 where the student is not a lone parent and has more than one dependent child;

  (d)

  £4,515 where the student is a lone parent and has one dependent child;

  (e)

  £5,650 where the student is a lone parent and has more than one dependent child.

31.  A deduction may be made in accordance with Part 5 from the amount payable in respect of a particular element of the grant for dependants calculated in accordance with regulations 27 to 30.

Interpretation

32.—(1) For the purposes of regulations 27 to 31—

(a) “adult dependant” (“dibynnydd mewn oed”) means, in relation to a student, an adult person dependent on the student other than his or her child, his or her partner (including a spouse or civil partner from whom the Welsh Ministers consider the student is separated) or his or her former partner;

(b) “child” (“plentyn”) in relation to a student includes any child of the student’s partner who is dependent on the student and any child for whom the student has parental responsibility who is dependent on him or her;

(c) “dependant” (“dibynnydd”) means, in relation to a student, the student’s partner, his or her dependent child or an adult dependant, who in each case is not an eligible student and does not hold a statutory award;

(d) “dependent” (“dibynnol”) means wholly or mainly financially dependent;

(e) “lone parent” (“rhiant unigol”) means a student who does not have a partner and who has a dependent child or dependent children;

(f) “net income” (“incwm net”) has the meaning given in paragraph (2);

(g) subject to sub-paragraphs (h), (i) and (j), “partner” (“partner”) means any of the following—

(i) the spouse of a student;

(ii) the civil partner of a student;

(iii) a person ordinarily living with a student as if that person were his or her spouse where that student—

(aa) was aged 25 or over at the start of the academic year in respect of which the student’s contribution falls to be assessed; and

(bb) started the designated course on or after 1 September 2000;

(iv) a person ordinarily living with a student as if that person were his or her civil partner where that student—

(aa) was aged 25 or over at the start of the academic year in respect of which the student’s contribution falls to be assessed; and

(bb) started the designated course on or after 1 September 2005;

(h) unless otherwise indicated, a person who would otherwise be a partner under sub-paragraph (g) is not to be treated as a partner if—

(i) in the opinion of the Welsh Ministers, that person and the student are separated; or

(ii) the person is ordinarily living outside the United Kingdom and is not maintained by the student;

(i) for the purposes of the definition of “adult dependant”, a person is to be treated as a partner if the person would be a partner under sub-paragraph (g) but for the fact that the student with whom he or she is living was not aged 25 or over at the start of the academic year in respect of which the student’s contribution falls to be assessed;

(j) for the purposes of the definitions of “child” and “lone parent”, a person is to be treated as a partner if the person would be a partner under sub-paragraph (g) but for the date on which the student began the designated course or the fact that the student with whom he or she is ordinarily resident was not aged 25 or over at the start of the academic year in respect of which the student’s contribution falls to be assessed.

(2) Subject to paragraph (3), a dependant’s net income is his or her income from all sources for the academic year in question reduced by the amount of income tax and social security contributions payable in respect of it but disregarding—

(a) any pension, allowance or other benefit paid by reason of a disability or incapacity to which the dependant is subject;

(b) child benefit payable under Part IX of the Social Security Contributions and Benefits Act 1992(1);

(c) any financial support payable to the dependant by a local authority in accordance with regulations made under sections 2, 3 and 4 of the Adoption and Children Act 2002(2);

(d) any guardian’s allowance to which the dependant is entitled under section 77 of the Social Security Contributions and Benefits Act 1992;

(e) in the case of a dependant with whom a child being looked after by a local authority is boarded out, any payment made to that dependant for the purposes of section 23 of the Children Act 1989(3);

(f) any payments made to the dependant under section 15 of and Schedule 1 to the Children Act 1989 in respect of a person who is not the dependant’s child or any assistance given by a local authority pursuant to section 24 of that Act; and

(g) any child tax credit to which the dependant is entitled under Part 1 of the Tax Credits Act 2002.

(3) Where a student or his or her partner makes any recurrent payments which were previously made by the student in pursuance of an obligation incurred before the first academic year of the student’s course, the partner’s net income is net income calculated in accordance with paragraph (2) reduced by—

(a) an amount equal to the payments in question for the academic year, if in the opinion of the Welsh Ministers the obligation has been reasonably incurred; or

(b) such lesser amount, if any, as the Welsh Ministers consider appropriate if, in their opinion, a lesser obligation could reasonably have been incurred.

(4) For the purposes of paragraph (2), where—

(a) the dependant is a dependent child; and

(b) payments are made to the student towards the child’s maintenance;

those payments are to be treated as the child’s income.

(1)

1992 c. 4.

(2)

2002 c. 38.

(3)

1989 c. 41. Section 23 was amended by the Children Act 2004 (c. 31), section 49(3).