The Assembly Learning Grants and Loans (Higher Education) (Wales) (Amendment) Regulations 2008

Amendments

24.  After regulation 83, insert—

“Part-time grants for dependants — general

83A.— (1) An eligible part-time student qualifies for part-time grants for dependants provided that—

(a) the part-time student is not excluded from qualification by any of the following paragraphs, regulation 79 or regulation 81; and

(b) the part-time student satisfies the qualifying conditions for the particular grant for which he or she is applying.

(2) An eligible part-time student does not qualify for part-time grants for dependants if the student is a prisoner.

83B.— (1) The part-time grants for dependants consist of the following elements—

(a) part-time adult dependants' grant;

(b) part-time childcare grant;

(c) part-time parents' learning allowance.

(2) The qualifying conditions for each element and the amounts payable in respect of each element are, respectively, set out in and determined in accordance with regulations 83C to 83J.

(3) A deduction may be made from any element of the part-time grants for dependants in accordance with regulations 83H and 83I.

Part-time adult dependants' grant

83C.— (1) An eligible part-time student qualifies for a part-time adult dependants' grant in connection with his or her attendance on a designated part-time course in accordance with this regulation.

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

(a) the eligible part-time student’s partner; or

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

(3) The amount of part-time adult dependants' grant payable in respect of an academic year is calculated in accordance with regulations 83F and83H to 83J, the basic amount being—

(a) £2,580; or

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

Part-time childcare grant

83D.— (1) An eligible part-time student qualifies, in connection with his or her attendance on a designated part-time course, for a part-time childcare grant in accordance with this regulation.

(2) Subject to paragraphs (3) and (4), the part-time childcare grant is available in respect of an academic year in which the student incurs prescribed childcare charges for—

(a) a dependent child who is under the age of 15 immediately before the beginning of the academic year; or

(b) a dependent child who has special educational needs within the meaning of section 312 of the Education Act (1) and is under the age of 17 immediately before the beginning of the academic year.

(3) An eligible part-time student does not qualify for a grant under this regulation if the student or the student’s partner has elected to receive the childcare element of the working tax credit under Part I of the Tax Credits Act (2).

(4) An eligible part-time student does not qualify for a grant under this regulation if the prescribed childcare charges that he or she incurs are paid or to be paid by the student to his or her partner.

(5) Subject to paragraph (6), regulation 83F and regulations 83H to 83J, the basic amount of childcare grant for each week is—

(a) for one dependent child, 85 per cent. of the prescribed childcare charges, subject to a maximum amount of £157.25 per week; or

(b) for two or more dependent children, 85 per cent. of the prescribed childcare charges, subject to a maximum amount of £ 267.75 per week,

except that the student does not qualify for any such grant in respect of each week falling within the period between the end of the course and the end of the academic year in which the course ends.

(6) For the purposes of calculating the basic amount of part-time childcare grant—

(a) a week runs from Monday to Sunday; and

(b) where a week in respect of which prescribed childcare charges are incurred falls partly within and partly outside the academic year in respect of which part-time childcare grant is payable under this regulation, the maximum weekly amount of grant is calculated by multiplying the relevant maximum weekly amount in paragraph (5) by the number of days of that week falling within the academic year and dividing the product by seven.

(7) In this regulation “prescribed childcare charges” (“costau gofal plant rhagnodedig”) means childcare charges of a description prescribed for the purposes of section 12 of the Tax Credits Act 2002(3).

Part-time parents' learning allowance

83E.— (1) An eligible part-time student qualifies in connection with the student’s attendance on a designated part-time course for the part-time parents' learning allowance if the student has one or more dependants who are dependent children.

(2) The amount of part-time parents' learning allowance payable in respect of an academic year is calculated in accordance with regulations 83F and 83H to 83J, the basic amount being £1,470.

Part-time grants for dependants — initial calculations

83F.— (1) Subject to the following paragraphs and regulations 83H to 83J, the amount payable in respect of a particular element of the part-time grants for dependants for which the eligible part-time student qualifies is the amount of that element remaining after applying, until it is extinguished, an amount equal to (A − B) as follows and in the following order—

(a) to reduce the basic amount of the part-time adult dependants' grant where the eligible part-time student qualifies for that element under regulation 83C;

(b) to reduce the basic amount of the part-time childcare grant for the academic year where the eligible part-time student qualifies for that element under regulation 83D; and

(c) to reduce the basic amount of the part-time parents' learning allowance where the eligible part-time student qualifies for that element under regulation 83E.

(2) Subject to paragraphs (4), (5) and (13), where B is greater than or equal to A, the basic amount of each element of the part-time grants for dependants for which the eligible part-time student qualifies is payable.

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

(4) The amount of the part-time adult dependants' grant calculated under paragraph (1) in respect of an adult dependant is reduced by one half where—

(a) the eligible part-time student’s partner—

(i) is an eligible part-time 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) The amount of the part-time childcare grant calculated under paragraph (1) is reduced by one half where—

(a) the eligible part-time student’s partner—

(i) is an eligible part-time 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.

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

(7) In this regulation—

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

• B is—

  (a)

  £1,130 where the eligible part-time student has no dependent child;

  (b)

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

  (c)

  £4,515 where the eligible part-time student—

  (i)

  is not a lone parent and has more than one dependent child; or

  (ii)

  is a lone parent and has one dependent child;

  (d)

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

(8) Paragraphs (9) to (12) apply where, in the course of the academic year, any of the following occurs—

(a) there is a change in the number of the eligible part-time student’s dependants;

(b) a person becomes or ceases to be a dependant of the eligible part-time student;

(c) the eligible part-time student becomes or ceases to be a lone parent;

(d) a student becomes an eligible part-time student as a result of an event referred to in regulation 79(21)(a), (b), (e), (f), (g), (h) or (i).

(9) For the purposes of determining the respective values of A and B and whether part-time adult dependants' grant or part-time parents' learning allowance is payable, the Welsh Ministers must determine the following in relation to each relevant quarter by reference to the student’s circumstances in the relevant quarter—

(a) how many dependants the eligible part-time student is to be treated as having;

(b) who those dependants are;

(c) whether the student is to be treated as a lone parent.

(10) The amount of part-time grants for dependants for the academic year is the aggregate of the amounts of part-time adult dependants' grant and part-time parents' learning allowance calculated in respect of each relevant quarter under paragraph (11) and the amount of any part-time childcare grant for the academic year.

(11) The amount of part-time adult dependants' grant and part-time parents' learning allowance in respect of a relevant quarter is one third of what that grant or allowance would be for the academic year if the student’s circumstances in the relevant quarter as determined under paragraph (9) applied for the duration of the academic year.

(12) In this regulation, a “relevant quarter” (“chwarter perthnasol”) means—

(a) in the case of a person referred to in paragraph (8)(d), a quarter which begins after the relevant event occurs other than a quarter during which, in the opinion of the Welsh Ministers, the longest of any vacation occurs;

(b) otherwise, a quarter other than the one quarter during which, in the opinion of the Welsh Ministers, the longest of any vacation occurs.

(13) A deduction may be made in accordance with regulations 83H and 83I from the amount payable in respect of a particular element of the part-time grants for dependants calculated under this Part.

Part-time grants for dependants — interpretation

83G.— (1) In regulations 83C to 83F—

(a) subject to sub-paragraph (n), “adult dependant” (“dibynnydd mewn oed”) means, in relation to an eligible part-time student, an adult person dependent on the student other than the student’s child, the student’s 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 an eligible part-time student includes any child of the student’s partner who is dependent on him or her and any child for whom the student has parental responsibility who is dependent on him or her;

(c) “dependant” (“dibynnydd”) means, in relation to an eligible part-time student, the student’s partner, the student’s 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) “dependent child” (“plentyn dibynnol”) means, in relation to an eligible part-time student, a child dependent on the student;

(f) “lone parent” (“rhiant unigol”) means an eligible part-time student who does not have a partner and who has a dependent child or dependent children;

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

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

(i) the spouse of an eligible part-time student;

(ii) the civil partner of an eligible part-time student;

(iii) a person ordinarily living with an eligible part-time student as if he or she were his or her spouse where an eligible part-time student falls within paragraph 2(1)(a) of Schedule 6 and began the designated part-time course on or after 1 September 2000;

(iv) a person ordinarily living with an eligible part-time student as if he or she were the student’s civil partner where an eligible part-time student falls within paragraph 2(1)(a) of Schedule 6 and began the designated part-time course on or after 1 September 2005;

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

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

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

(j) for the purposes of the definition of “adult dependant” (“dibynnydd mewn oed”), a person is to be treated as a partner if the person would be a partner under sub-paragraph (h) but for the fact that the eligible part-time student with whom the person is ordinarily living does not fall within paragraph 2(1)(a) of Schedule 6;

(k) for the purposes of the definitions of “child” (“plentyn”) and “lone parent” (“rhiant unigol”), a person is to be treated as a partner if the person would be a partner under sub-paragraph (h) but for the date on which the eligible part-time student began the specified designated part-time course or the fact that the eligible part-time student with whom the person is ordinarily living does not fall within paragraph 2(1)(a) of Schedule 6;

(l) for the purposes of regulation 83D —

(i) sub-paragraph (i) does not apply; and

(ii) a person is to be treated as a partner if he or she would be a partner under sub-paragraph (h) but for the fact that the eligible part-time student with whom he or she is ordinarily living does not fall within paragraph (2) (1) (a) of Schedule 6;

(m) for the purposes of determining whether a person is the former partner of an eligible part-time student’s partner, “partner” in relation to an eligible part-time student’s partner means—

(i) the spouse of an eligible part-time student’s partner;

(ii) the civil partner of an eligible part-time student’s partner:

(iii) where the eligible part-time student began the specified designated part-time course on or after 1 September 2000, a person ordinarily living with an eligible part-time student’s partner as if he or she were his or her spouse;

(iv) where the eligible part-time student began the specified designated part-time course on or after 1 September 2005, a person ordinarily living with an eligible part-time student’s partner as if he or she were his or her civil partner;

(n) subject to sub-paragraph (o), for the purposes of the definitions of “adult dependant” (“dibynnydd mewn oed”) and “dependent child” (“plentyn dibynnol”), the Welsh Ministers may treat an adult person or child as dependent on an eligible part-time student if they are satisfied that the adult person or child—

(i) is not dependent on—

(aa) the eligible part-time student; or

(bb) his or her partner; but

(ii) is dependent on the eligible part-time student and his or her partner together;

(o) the Welsh Ministers must not treat an adult person (“A”) as dependent on an eligible part-time student in accordance with sub-paragraph (n), if A is—

(i) the spouse or civil partner of the eligible part-time student’s partner(including a spouse or civil partner from whom the Welsh Ministers consider the eligible part-time student’s partner is separated); or

(ii) the former partner of the eligible part-time student’s partner.

(2) Subject to paragraph (3), a dependant’s net income is the dependant’s 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(4);

(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(5);

(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 in pursuance of section 23 of the Children Act 1989(6);

(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(7); and

(g) any child tax credit to which the dependant is entitled under Part I of the Tax Credits Act 2002(8).

(3) Where an eligible part-time student or the student’s 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 the 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 had 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 the dependant is a dependent child and payments are made to the eligible part-time student towards the child’s maintenance, those payments are to be treated as the child’s income.

Part-time grants for dependants — calculation of contribution

83H.— (1) An eligible part-time student’s contributions in respect of an academic year and part-time dependants' grants payable in respect of that year is the amount, if any, calculated under Schedule 6.

(2) For the purposes of the exercise of the Welsh Ministers' functions under the Act and regulations made under it, the Welsh Ministers may require an eligible part-time student to provide from time to time such information as they consider necessary as to the income of any person whose means are relevant to the assessment of the student’s contribution.

Part-time grants for dependants — application of contribution

83I.— (1) An amount equal to the contribution or the remainder of the contribution, as the case may be, calculated under Schedule 6, is to be applied until it is extinguished against the amount of the particular element of part-time grants for dependants for which the eligible part-time student qualifies as follows—

(a) first, to reduce PTADG;

(b) second, to reduce PTCCG;

(c) third, to reduce PTPLA.

(2) In this regulation—

(a) PTADG is the amount, if any, of the part-time adult dependants' grant calculated in accordance with regulation 83F;

(b) PTCCG is the amount, if any, of the part-time childcare grant calculated in accordance with regulation 83F;

(c) PTPLA is the amount, if any, of the part-time parents' learning allowance calculated in accordance with regulation 83F (except the first £50 of the allowance).

Part-time grants for dependants — final calculation

83J.— (1) The amount payable in respect of a particular element of the part-time grants for dependants is determined in accordance with this regulation.

(2) The amount payable varies according to the intensity of study.

• The intensity of study is calculated as follows and expressed as a percentage

  

  where

  • PT and FT have the meanings given by regulation 82(2) and (3).

(3) In the case of part-time adult dependants' grant, where the intensity of study is—

(a) 50 per cent. or more but less than 60 per cent., the amount payable is equal to 50 per cent. of the resulting amount;

(b) 60 per cent. or more but less than 75 per cent., the amount payable is equal to 60 per cent. of the resulting amount;

(c) 75 per cent. or more, the amount payable is equal to 75 per cent. of the resulting amount.

(4) For the purposes of paragraph (3), “the resulting amount” (“y swm sy'n deillio o hyn”) means the amount of part-time adult dependants' grant determined in accordance with regulation 83F with deductions (if any) having been applied in accordance with regulation 83I.

(5) In the case of part-time childcare grant, where the intensity of study is—

(a) 50 per cent. or more but less than 60 per cent., the amount payable is equal to 50 per cent. of the resulting amount;

(b) 60 per cent. or more but less than 75 per cent., the amount payable is equal to 60 per cent. of the resulting amount;

(c) 75 per cent. or more, the amount payable is equal to 75 per cent. of the resulting amount.

(6) For the purposes of paragraph (5), “the resulting amount” (“y swm sy'n deillio o hyn”) means the amount of part-time childcare grant determined in accordance with regulation 83F with deductions (if any) having been applied in accordance with regulation 83I.

(7) In the case of part-time parents' learning allowance, where the intensity of study is—

(a) 50 per cent. or more, but less than 60 per cent., the amount payable is equal to 50 per cent. of the resulting amount;

(b) 60 per cent. or more but less than 75 per cent., the amount payable is equal to 60 per cent. of the resulting amount;

(c) 75 per cent. or more, the amount payable is equal to 75 per cent. of the resulting amount.

(8) For the purposes of paragraph (7), “the resulting amount” (“y swm sy'n deillio o hyn”) means the amount of part-time parents' learning allowance determined in accordance with regulation 83F with deductions (if any) having been applied in accordance with regulation 83I.”.

(1)

1996 c. 56; section 312 was amended by the Education Act 1997 (c. 44), Schedule 7, paragraph 23, the Schools Standards and Framework Act 1998 (c. 31), section 140, Schedule 30, paragraph 71 and Schedule 31 and the Learning and Skills Act 2000 (c. 21), Schedule 9, paragraph 56 and the Education and Inspections Act 2006 (c. 40), Schedule 1, paragraph 3.

(2)

2002 (c. 21) to which there are amendments not relevant to these Regulations.

(3)

Regulation 14 of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 (S.I. 2002/2005) as amended by S.I. 2003/701, S.I. 2003/2815, S.I. 2004/762, S.I. 2004/1276, S.I. 2004/2663, S.I. 2005/769, S.I. 2005/2919, S.I. 2006/766, S.I 2007/824, S.I. 2007/2479 and S.I. 2008/604 sets out the charges that are prescribed, and thus relevant childcare charges, for the purposes of section 12 of the Tax Credits Act 2002.

(4)

1992 c. 4 to which there are amendments not relevant to these Regulations.

(5)

2002 c. 38.

(6)

1989 c. 41. Section 23 was amended by the Courts and Legal Services Act 1990 (c. 41), Schedule 16, paragraph 12, the Care Standards Act 2000 (c. 14), Schedule 4, paragraph 14 and the Children Act 2004 (c. 31), section 49(3).

(7)

There are amendments to sections 15 and 24 and Schedule 1 which are not relevant to these Regulations.

(8)

2002 c. 21 to which there are amendments not relevant to these Regulations.