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The Assembly Learning Grants and Loans (Higher Education) (Wales) (No.2) Regulations 2008

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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 Welsh Ministers determine 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 2007(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 him or her when he or she was under the age of 18; or

(f)the person has, in the opinion of the Welsh Ministers, shown himself or herself by his or her 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) Subject to paragraphs (11) to (13), if a person satisfies the conditions in paragraph (8), (9) or (10)—

(a)paragraphs (2) and (3) do not apply to him or her; and

(b)he or she is an eligible student for the purposes of these Regulations.

(8) The conditions are—

(a)the person qualified as an eligible student in connection with an earlier academic year of the present course pursuant to regulations made by the Welsh Ministers 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)the person’s status has not terminated.

(9) The conditions are—

(a)the present course is an end-on course (other than one of the kind referred to in paragraph (c) of the definition of “end-on course” in regulation 2) 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 are—

(a)the Welsh Ministers have 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 by the Welsh Ministers 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 referred to in sub-paragraph (a); and

(d)the person’s status as an eligible student has not terminated.

(11) Where—

(a)the Welsh Ministers have 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 for support in connection with a designated part-time course, a designated distance learning course or other designated course from which his or her status as an eligible part-time student, an eligible distance learning student or an 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)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 or qualifying student terminates immediately before the first day of the academic year in respect of which he or she is applying for support.

(12) Where—

(a)the Welsh Ministers have 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 support for a course in relation to which the present course is an end-on course or an application for support in connection with a designated part-time course, designated distance learning course or other designated course from which his or her status as an eligible part-time student, eligible distance learning 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)as at the day before the academic year in respect of which A is applying for support starts, the period for which the person with leave to enter or remain is allowed to stay in the United Kingdom 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),

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

(13) Paragraphs (11) and (12) do not apply where the student began the course in connection with which the Welsh Ministers 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.

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