82.—(1) For the purposes of this regulation, the support available is—
(a)a grant in respect of fees not exceeding the lesser of the following amounts—
(i)the basic grant, and
(ii)the “actual fees” (“ffioedd gwirioneddol”), being the amount of fees charged in respect of an academic year of the designated part-time course; and
(b)a grant not exceeding £1,075 for books, travel and other expenditure in connection with the designated part-time course.
(2) The basic grant varies according to the intensity of study.
The intensity of study is calculated as follows and expressed as a percentage
PT × 100FT
where—
PT is the number of modules, credits, credit points, points or other unit to be awarded to the eligible part-time student by the academic authority if he or she successfully completes the academic year in connection with which he or she is applying for support;
FT is—
where the course is provided by or on behalf of the Open University, 120;
where the course is provided by or on behalf of any other institution, the number of modules, credits, credit points, points or other unit that a standard full-time student would be required to obtain in each academic year in order to complete the full-time equivalent within the period ordinarily required to complete that course.
(3) For the purposes of paragraph (2)—
(a)“full-time equivalent” (“cwrs amser-llawn cyfatebol”) and “standard full-time student” (“myfyriwr amser-llawn safonol”) are to be interpreted in accordance with regulation 80; and
(b)“the period ordinarily required to complete the full-time equivalent” (“cyfnod sy'n ofynnol fel arfer i gwblhau'r cwrs amser-llawn cyfatebol”) is to be calculated in accordance with regulation 80.
(4) The “basic grant” (“grant sylfaenol”) is—
(a)£635 where the intensity of study is less than 60 per cent. (“level 1”);
(b)£765 where the intensity of study is 60 per cent. or more but less than 75 per cent. (“level 2”);
(c)£955 where the intensity of study is 75 per cent. or more (“level 3”).
(5) Subject to paragraph (6) and regulation 96, the amount of support payable in respect of an academic year is as follows—
(a)if at the date of his or her application the eligible part-time student or his or her partner is entitled—
(i)under Part VII of the Social Security Contributions and Benefits Act 1992 to income support, housing benefit or council tax benefit;
(ii)under Part 1 of the Jobseekers Act 1995 to income-based jobseekers allowance or under section 2 of the Employment and Training Act 1973 to an allowance under the arrangements known as the New Deal; or
(iii)under Part 1 of the Welfare Reform Act 2007 to an income-related employment and support allowance;
the maximum amount of assistance available under regulation 82(1) is payable;
(b)where the relevant income is less than £16,530, the maximum amount of support available under regulation 82(1) is payable;
(c)where the relevant income is £16,530, the maximum amount of support available under regulation 82(1)(b) is payable together with £50 less than the maximum amount of support available under regulation 82(1)(a);
(d)where the relevant income exceeds £16,530 but is less than £24,925, the maximum amount of support available under regulation 82(1)(b) is payable and the amount of support payable under regulation 82(1)(a) is the amount determined in accordance with paragraph (6);
(e)where the relevant income is £24,925, the maximum amount of support available under regulation 82(1)(b) is payable and the amount of assistance payable under regulation 82(1)(a) is £50;
(f)where the relevant income exceeds £24,925 but is less than £25,575 the maximum amount of support available under regulation 82(1)(b) is payable and no support is payable under regulation 82(1)(a);
(g)where the relevant income is £25,575 or more but less than £27,615 no support is available under regulation 82(1)(a) and the amount of support payable under regulation 82(1)(b) is the amount left after deducting from the maximum amount of support available under regulation 82(1)(b) £1 for every complete £1.99 by which the relevant income exceeds £25,575;
(h)where the relevant income is £27,615 no support is payable under regulation 82(1)(a) and the amount of support payable under regulation 82(1)(b) is £50;
(i)where the relevant income exceeds £27,615 no support is payable under regulation 82(1).
(6) Where paragraph (5)(d) applies, the amount of support payable under regulation 82(1)(a) is determined by deducting from the maximum amount of support available under regulation 82(1)(a) one of the following amounts—
(a)£50 plus a further £1 for each complete £15.69, £12.62 and £9.82 by which the relevant income exceeds £16,530 according to whether the intensity of study is level 1, 2 or 3, respectively; or
(b)where the basic grant is greater than the actual fees, an amount equal to that left after deducting from the amount calculated under sub-paragraph (a) the difference between the basic grant and the actual fees (unless the amount is a negative number in which case the maximum amount of support available under regulation 82(1)(a) is payable).
(7) For the purposes of this regulation—
(a)“child” (“plentyn”) in relation to an eligible part-time student includes any child of his or her partner and any child for whom he or she has parental responsibility;
(b)“current financial year” (“y flwyddyn ariannol gyfredol”) means the financial year which includes the first day of the academic year in respect of which a person is being assessed for support;
(c)“dependent” (“dibynnol”) means wholly or mainly financially dependent;
(d)“financial year” (“blwyddyn ariannol”) means the period of twelve months for which the income of the eligible part-time student is computed for the purposes of the income tax legislation which applies to it;
(e)“income” (“incwm”) means gross income from all sources excluding any tax credits awarded pursuant to any claims under section 3 of the Tax Credits Act 2002;
(f)subject to sub-paragraph (g), “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 is aged 25 or over on the first day of the academic year in respect of which he or she is being assessed for support and where he or she began the specified designated part-time course before 1 September 2005;
(iv)a person ordinarily living with an eligible part-time student as if he or she were his or her spouse or civil partner where an eligible part-time student begins the specified designated part-time course on or after 1 September 2005;
(g)a person who would otherwise be a partner under sub-paragraph (f) 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;
(h)“preceding financial year” (“blwyddyn ariannol flaenorol”) means the financial year immediately preceding the current financial year;
(i)“relevant income” (“incwm perthnasol”) has the meaning given in paragraph (8).
(8) Subject to paragraph (9), an eligible part-time student’s relevant income is equal to his or her financial resources in the preceding financial year less—
(i)£2,000 in respect of his or her partner;
(ii)£2,000 in respect of the only or eldest child who is dependent on the student or his or her partner; and
(iii)£1,000 in respect of each other child who is dependent on the student or his or her partner.
(9) Where the Welsh Ministers are satisfied that an eligible part-time student’s financial resources in the preceding financial year are greater than his or her financial resources in the current financial year and that the difference between the two amounts is £1,000 or more, they may assess that student’s financial resources by reference to those resources in the current financial year.
(10) In this regulation, an eligible part-time student’s financial resources in a financial year means the aggregate of his or her income for that year together with the aggregate of the income for that year of any person who at the date of the application for support is the student’s partner.
(11) In this regulation “specified designated part-time course” (“cwrs rhan-amser dynodedig a bennir”) means the course in respect of which the person is applying for support or, where the student’s status as an eligible part-time student has been transferred to the present designated part-time course as a result of one or more transfers of that status by the Welsh Ministers from a part-time course (the “initial course”) in connection with which the Welsh Ministers determined the student to be an eligible part-time student pursuant to regulations made under section 22 of the Act, the specified designated part-time course is the initial course.