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

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Period of eligibility

81.—(1) A student retains his or her status as an eligible part-time student in connection with a designated part-time course until the status terminates in accordance with this regulation and regulation 79.

(2) The period for which an eligible part-time student retains his or her status is the “period of eligibility” (“cyfnod cymhwystra”).

(3) Subject to the following paragraphs and regulation 79, the period of eligibility terminates at the end of the academic year in which the eligible part-time student completes his or her designated part-time course.

(4) The period of eligibility terminates when the eligible part-time student—

(a)withdraws from his or her designated part-time course in circumstances where the Welsh Ministers have not transferred or converted or will not transfer or convert his or her status under regulation 97 or 98; or

(b)abandons or is expelled from his or her designated part-time course.

(5) The period of eligibility terminates at the end of the relevant academic year where the eligible part-time student cannot complete the designated part-time course within the period specified in regulation 80(1)(c).

(6) For the purposes of paragraph (5) “relevant academic year” (“blwyddyn academaidd berthnasol”) means the academic year during or at the end of which it becomes impossible for the student to complete the course within the period specified in regulation 80(1) (c) even if he or she increases his or her intensity of study.

(7) The Welsh Ministers may terminate the period of eligibility where the eligible part-time student has shown himself or herself by his or her conduct to be unfitted to receive support.

(8) If the Welsh Ministers are satisfied that an eligible part-time student has failed to comply with any requirement to provide information under this Part or has provided information which is inaccurate in a material particular, the Welsh Ministers may take such of the following actions as they consider appropriate in the circumstances—

(a)terminate the period of eligibility;

(b)determine that the student no longer qualifies for any particular support or particular amount of support;

(c)treat any support paid to the student as an overpayment which may be recovered under regulation 102.

(9) Where the period of eligibility terminates—

(a)before the end of the academic year in which the eligible part-time student completes the designated part-time course; and

(b)otherwise than under paragraph (5),

the Welsh Ministers may, at any time, renew, or extend the period of eligibility for such period as they determine.

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