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

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98.—(1) Where an eligible student ceases to undertake a designated course and transfers to a designated part-time course at the same or at another institution, the Welsh Ministers must convert the student’s status as an eligible student to that of an eligible part-time student in connection with the course to which he or she is transferring where —

(a)they receive a request from the eligible student to do so; and

(b)the period of eligibility has not terminated.

(2) Where, before completing the designated course, the student transfers to a part-time course in the same subject or subjects leading to the same qualification at the same institution, the part-time course is treated as satisfying regulation 80(1)(b) and (c) if the period of part-time study to be undertaken by the student is of at least one academic year’s duration and does not exceed twice the period normally required to complete the remainder of the designated course from which the student transfers.

(3) The following applies to a student who transfers under paragraph (1) —

(a)where the Welsh Ministers have determined to pay an amount of grant to the student under regulation 24 in periodic instalments, no payment in respect of that amount of grant may be made in respect of any instalment period beginning after the date on which the student became an eligible part-time student;

(b)the maximum amount of grant to which the student would, apart from this regulation, be entitled pursuant to regulation 83 in connection with his or her undertaking a designated part-time course in respect of that academic year is reduced by one third where the student became an eligible part-time student during the second quarter of the academic year and by two thirds where he or she became such a student in a later quarter of that year;

(c)where an amount of grant for any purpose has been paid to the student under regulation 24 in a single instalment, the maximum amount of grant payable to him or her pursuant to regulation 83 for that purpose is reduced (or, where sub-paragraph (b) applies, further reduced) by the amount of grant paid to him or her for that purpose pursuant to regulation 24, and where the resulting amount is nil or a negative amount that amount is nil;

(d)where immediately before he or she became an eligible part-time student he or she was eligible to apply, but had not applied, for a loan for living costs in respect of that year, or had not applied for the maximum amount or increased maximum for which he or she was entitled, he or she may apply for such a loan or such additional amount of loan as if he or she had continued to be an eligible student and in the circumstances mentioned in paragraph (4) the maximum or increased maximum amount of such loan for the academic year is reduced in accordance with that paragraph;

(e)where the Welsh Ministers have determined to pay an amount of grant to the student under regulations 26 to 29 in periodic instalments, no payment in respect of that amount may be made in respect of any instalment period beginning after the date on which the student becomes an eligible part-time student;

(f)the maximum amount of part-time grants for dependants to which the student would, apart from this regulation, be entitled pursuant to regulations 84 to 93 in connection with his or her undertaking a designated part-time course in respect of that academic year is reduced by one third where the student became an eligible part-time student during the second quarter of the academic year and by two thirds where he or she became such a student in a later quarter of that year; and

(g)where an amount of grant has been paid to the student under regulations 26 to 29 in a single instalment, the maximum amount of grant payable to him or her pursuant to regulations 84 to 93 is reduced (or where sub-paragraph (f) applies, further reduced) by the amount of analogous grant paid to him or her pursuant to regulations 26 to 29, and where the resulting amount is nil or a negative amount that amount is nil.

(4) Where the request under paragraph (1) is made during the first quarter of the academic year in respect of which the loan is payable the maximum amount or increased maximum amount of loan (as the case may be) is reduced by two thirds, and where the request is made during the second quarter of that year that amount is reduced by one third.

(5) Where an eligible distance learning student ceases to undertake a designated distance learning course and transfers to a designated part-time course at the same or at another institution, the Welsh Ministers must convert that student’s status as an eligible distance learning student to that of an eligible part-time student in connection with the course to which he or she is transferring where —

(a)they receive a request from the eligible distance learning student to do so; and

(b)the period of eligibility has not terminated.

(6) Where, before completing the designated distance learning course the student transfers to a part-time course in the same subject or subjects leading to the same qualification at the same institution, the part time course is to be treated as satisfying regulation 80(1)(b) and (c) if the period of part-time study to be undertaken by the student is of at least one academic year’s duration and does not exceed twice the period ordinarily required to complete the remainder of the designated distance learning course from which the student transfers.

(7) Subject to paragraph (8), a student who transfers under paragraph (5) is entitled to receive in connection with the academic year of the course to which he or she transfers the remainder of the support for which the Welsh Ministers have determined he or she qualifies under Part 11 in respect of the academic year of the designated distance learning course from which he or she transfers.

(8) The Welsh Ministers may re-assess the amount of support payable after the transfer.

(9) An eligible student who transfers under paragraph (5) after the Welsh Ministers have determined his or her support in connection with the academic year of the distance learning course from which he or she is transferring but before he or she completes that year—

(a)may not apply for a grant under regulation 82(1)(b) if he or she has already applied for a grant under regulation 66(1)(b);

(b)may not apply for a grant under regulation 83 if he or she has already applied for a grant under regulation 69.

(10) Where a student transfers under paragraph (5), the total amount of support paid to the student under regulation 66(1)(a) and 82(1)(a) in respect of—

(a)the academic year from which he or she transfers; and

(b)the academic year to which he or she transfers;

must not exceed the amount of support determined to be payable to the student under regulation 66(1) (a).

(11) Where a student transfers under paragraph (5), the maximum amount of part-time grants for dependants to which the student would, apart from this regulation, be entitled pursuant to regulations 84 to 93 in connection with his or her undertaking a designated part-time course in respect of that academic year is reduced by one third where the student became an eligible part-time student during the second quarter of the academic year and by two thirds where he or she became such a student in a later quarter of that year.

(12) Where an eligible part-time student ceases to undertake a designated part-time course and transfers to a designated course at the same or at another institution, the Welsh Ministers must convert that student’s status as an eligible part-time student to that of an eligible student in connection with the course to which he or she is transferring where—

(a)they receive a request from the eligible part-time student to do so; and

(b)the period of eligibility has not terminated.

(13) The following applies to a student who transfers under paragraph (12)—

(a)where the Welsh Ministers have determined to pay an amount of grant to the student pursuant to regulation 83 in periodic instalments no payment in respect of that amount of grant may be made in respect of any instalment period beginning after the date on which the student became an eligible student;

(b)subject to sub-paragraphs (c) and (f), any support to which the student is entitled under this Part in respect of the academic year in which the student transfers is ignored in determining the amount of support to which he or she may be entitled in respect of that year under Parts 4 to 6;

(c)where the Welsh Ministers have determined to pay an amount of any grant to the student pursuant to regulations 84 to 93 in periodic instalments, no payment in respect of that amount may be made in respect of any instalment period beginning after the date on which the student becomes an eligible student;

(d)the maximum amount of any support under Parts 5 or 6 to which the student would, apart from this regulation, be entitled in connection with a designated course in respect of that academic year is reduced by one third where the student became an eligible student during the second quarter of that academic year and by two thirds where he or she became such a student in a later quarter of that year;

(e)where an amount of grant for any purpose has been paid to the student pursuant to regulation 83 in a single instalment, the maximum amount of grant payable to him or her under regulation 24 for that purpose is reduced (or, where sub-paragraph (d) applies, further reduced) by the amount of grant paid to him or her for that purpose pursuant to regulation 83 and where the resulting amount is nil or a negative amount that amount is nil; and

(f)where an amount of grant has been paid to the student pursuant to regulations 84 to 93 in a single instalment the maximum amount of the analogous grant payable to him or her pursuant to regulations 26 to 29 is reduced (or where sub-paragraph (d) applies, further reduced) by the amount of grant paid to him or her pursuant to regulations 84 to 93 and where the resulting amount is nil or a negative amount that amount is nil.

(14) Where an eligible part-time student ceases to undertake a designated part-time course and transfers to a designated distance learning course at the same or at another institution, the Welsh Ministers must convert that student’s status as an eligible part-time student to that of an eligible distance learning student in connection with the course to which he or she is transferring where—

(a)they receive a request from the eligible part-time student to do so; and

(b)the period of eligibility has not terminated.

(15) Subject to paragraph (16), a student who transfers under paragraph (14) is entitled to receive in connection with the academic year of the course to which he or she transfers the remainder of the support for which the Welsh Ministers have determined he or she qualifies under this Part in respect of the academic year of the designated part-time course from which he or she transfers.

(16) The Welsh Ministers may re-assess the amount of support payable after the transfer.

(17) An eligible student who transfers under paragraph (14) after the Welsh Ministers have determined his or her support in connection with the academic year of the distance learning course from which he or she is transferring but before he or she completes that year—

(a)may not apply for a grant under regulation 66(1)(b) if he or she has already applied for a grant under regulation 82(1)(b);

(b)may not apply for a grant under regulation 69 if he or she has already applied for a grant under regulation 83.

(18) Where a student transfers under paragraph (14), the total amount of assistance paid to the student under regulations 66(1)(a) and 82(1)(a) in respect of—

(a)the academic year from which he or she transfers; and

(b)the academic year to which he or she transfers;

must not exceed the maximum amount of support determined to be payable to the student under regulation 66(1)(a).

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