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The Education (Student Support) (Wales) Regulations 2015

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PART 4GRANTS AND LOANS FOR FEES

CHAPTER 1GENERAL PROVISION

Fee Support Generally

13.—(1) Fee support under this Part in respect of an academic year may not exceed the fees payable by the eligible student in respect of that academic year.

(2) For the purposes of calculating the amount of fee support under this Part, an institution that provides courses designated by regulation 4 of the Education (Student Support) (Dance and Drama) Regulations 1999(1) is not to be regarded as publicly funded by reason only that it receives public funds from the governing body of a higher education institution in accordance with section 65(3A) of the Further and Higher Education Act 1992(2).

(3) An eligible student to whom paragraph (4) applies is treated as if the eligible student were in attendance on the designated course for the purpose of qualifying for fee support.

(4) This paragraph applies to—

(a)a compressed degree student;

(b)a disabled eligible student who—

(i)is not a compressed degree student; and

(ii)is undertaking a designated course in the United Kingdom but is not in attendance because the eligible student is unable to attend for a reason which relates to the eligible student’s disability.

(5) An eligible student who is undertaking a distance learning course does not qualify for any fee support under this Part in respect of that course unless the Welsh Ministers consider that the student is undertaking the course in Wales on the first day of the first academic year.

(6) An eligible student who is undertaking a distance learning course will no longer qualify for any fee support under this Part in respect of that course if the Welsh Ministers consider that the student is undertaking the course outside the United Kingdom.

Students becoming eligible during the course of an academic year

14.  Where any of the events listed in regulation 15 occurs in the course of an academic year—

(a)a student may qualify for grants and loans under this Part in respect of that academic year provided that the relevant event occurred within the first three months of the academic year; and

(b)such grants and loans are not available to the student in respect of any academic year beginning before the academic year in which the relevant event occurred.

Events

15.  The events are—

(a)the student’s course becomes a designated course;

(b)the student or the student’s spouse, civil partner or parent (as defined in Part 1 of Schedule 1) is recognised as a refugee or becomes a person with leave to enter or remain;

(c)a state accedes to the European Union where the student is a national of that state or a family member (as defined in Part 1 of Schedule 1) of a national of that state;

(d)the student becomes a family member (as defined in Part 1 of Schedule 1) of an EU national;

(e)the student acquires the right of permanent residence;

(f)the student becomes the child of a Turkish worker;

(g)the student becomes a person described in paragraph 6(1)(a) of Schedule 1; or

(h)the student becomes the child of a Swiss national.

CHAPTER 2FEE GRANTS

Fee grant

16.—(1) Subject to paragraph (2), an eligible student who qualifies for a fee grant may apply for a fee grant of an amount not exceeding the maximum available (in accordance with paragraph (3) or (4), as the case may be) in respect of, or otherwise in connection with, the eligible student’s attendance on a qualifying designated course.

(2) A fee grant is not available in respect of an academic year if—

(a)that year is a bursary year or an Erasmus year; or

(b)the designated course is an old flexible postgraduate course for the initial training of teachers.

(3) The maximum amount of grant available under this regulation to an applicant in respect of an academic year of a qualifying designated course where none of the circumstances in paragraph (5) apply is £2,085 or the amount by which the fees payable by the applicant exceed £1,380, whichever is the lesser.

(4) The maximum amount of grant available in respect of such an academic year under this regulation to an applicant where one of the circumstances in paragraph (5) applies is £1,045 or the amount by which the fees payable by the applicant exceed £680, whichever is the lesser.

(5) The circumstances are—

(a)the final academic year of the designated course where that year is ordinarily required to be completed after less than 15 weeks’ attendance;

(b)in respect of an academic year of a sandwich course beginning before 1 September 2012—

(i)during which any periods of full-time study are in aggregate less than 10 weeks; or

(ii)if in respect of that academic year and any previous academic years of the course the aggregate of any one or more periods of attendance which are not periods of full-time study at the institution (disregarding intervening vacations) exceeds 30 weeks;

(c)in respect of a course for the initial training of teachers (including a course leading to a first degree) which—

(i)began before 1 September 2010;

(ii)begins on or after 1 September 2010 where the student transfers to the present course pursuant to regulation 8 from a course for the initial training of teachers beginning before 1 September 2010; or

(iii)began on or after 1 September 2010 but before 1 September 2011 and in relation to which the student is a 2010 gap year student,

an academic year during which any periods of full-time study are in aggregate less than 10 weeks;

(d)in respect of an academic year of a course beginning before 1 September 2012 provided in conjunction with an overseas institution—

(i)during which the periods of full-time study at the institution in the United Kingdom are in aggregate less than 10 weeks; or

(ii)if in respect of that academic year and any previous academic years of the course the aggregate of any one or more periods of attendance which are not periods of full-time study at the institution in the United Kingdom (disregarding intervening vacations) exceeds 30 weeks.

(6) In these Regulations and subject to paragraph (7), “eligible student who qualifies for a fee grant” (“myfyriwr cymwys sydd â hawl i gael grant at ffioedd”), in relation to a qualifying designated course, means a new system eligible student who is a person whom the Welsh Ministers have determined in connection with the designated course falls within one of the categories set out in Part 2 of Schedule 1.

(7) A new cohort student or a 2012 accelerated graduate entry student is not an eligible student who qualifies for a fee grant.

(8) In these Regulations, “qualifying designated course” (“cwrs dynodedig cymhwysol”), in relation to a student who qualifies for a fee grant, means a designated course provided by a publicly funded institution in Wales.

New fee grant

17.—(1) Subject to paragraph (2), a new system eligible student who is a 2012 cohort student qualifies in accordance with this regulation for a new fee grant in respect of, or otherwise in connection with, the 2012 cohort student’s attendance on a designated course provided by a publicly funded institution.

(2) A new fee grant is not available in respect of an academic year if that year is—

(a)a bursary year;

(b)an Erasmus year of a course provided by an institution in Scotland or Northern Ireland; or

(c)an Erasmus year of a course provided by an institution in England or Wales where the course began before 1 September 2012.

(3) The maximum amount of new fee grant available under this regulation to a 2012 cohort student in respect of an academic year of a designated course where none of the circumstances in regulation 16(5) or paragraphs (7), (8) or (9) applies is the lesser of—

(a)£5,190; or

(b)the amount by which the fees payable by the applicant exceed £3,810.

(4) The maximum amount of new fee grant available under this regulation to a 2012 cohort student in respect of an academic year of a designated course where one of the circumstances in regulation 16(5) or paragraph (7) applies is the lesser of—

(a)£2,605; or

(b)the amount by which the fees payable by the applicant exceed £1,895.

(5) The maximum amount of new fee grant available under this regulation to a 2012 cohort student in respect of an academic year of a designated course where paragraph (8) applies is the lesser of—

(a)£900; or

(b)the amount by which the fees payable by the applicant exceed £900.

(6) The maximum amount of new fee grant available under this regulation to a 2012 cohort student in respect of an academic year of a designated course where paragraph (9) applies is the lesser of—

(a)£675; or

(b)the amount by which the fees payable by the applicant exceed £675.

(7) This paragraph applies—

(a)in respect of an academic year of a sandwich course provided by an institution in Scotland or Northern Ireland which began on or after 1 September 2012 and—

(i)during which any periods of full-time study are in aggregate less than 10 weeks; or

(ii)if in respect of that academic year and any previous academic years of the course the aggregate of any one or more periods of attendance which are not periods of full-time study at the institution (disregarding intervening vacations) exceeds 30 weeks; or

(b)in respect of an academic year of a course provided by an institution in Scotland or Northern Ireland in conjunction with an overseas institution which began on or after 1 September 2012 and—

(i)during which the periods of full-time study at the institution in the United Kingdom are in aggregate less than 10 weeks; or

(ii)if in respect of that academic year and any previous academic years of the course the aggregate of any one or more periods of attendance which are not periods of full-time study at the institution in the United Kingdom (disregarding intervening vacations) exceeds 30 weeks.

(8) This paragraph applies in respect of an academic year of a sandwich course provided by an institution in England or Wales which began on or after 1 September 2012 and—

(a)during which any periods of full-time study are in aggregate less than 10 weeks; or

(b)if in respect of that academic year and any previous academic years of the course the aggregate of any one or more periods of attendance which are not periods of full-time study at the institution (disregarding intervening vacations) exceeds 30 weeks.

(9) This paragraph applies—

(a)in respect of an academic year of a course provided by an institution in England or Wales in conjunction with an overseas institution which began on or after 1 September 2012 and;

(i)during which the periods of full-time study at the institution in the United Kingdom are in aggregate less than 10 weeks; or

(ii)if in respect of that academic year and any previous academic years of the course the aggregate of any one or more periods of attendance which are not periods of full-time study at the institution in the United Kingdom (disregarding intervening vacations) exceeds 30 weeks; or

(b)in respect of an Erasmus year of a course provided by an institution in England or Wales which began on or after 1 September 2012.

CHAPTER 3FEE LOANS

General qualifying conditions for fee loans

18.—(1) An eligible student qualifies for a fee loan in connection with the student’s attendance on a designated course in accordance with this Part provided that the student is not excluded from qualification by the following paragraph, regulation 6 or regulation 7.

(2) An eligible student does not qualify for a fee loan in respect of an academic year if—

(a)that year—

(i)is a bursary year;

(ii)an Erasmus year of a course provided by an institution in Scotland or Northern Ireland; or

(iii)an Erasmus year of a course provided by an institution in England or Wales where the course began before 1 September 2012; or

(b)the designated course is an old flexible postgraduate course for the initial training of teachers.

(3) Paragraph (2) does not apply in relation to an accelerated graduate entry course.

Fee loans in respect of courses beginning before 1 September 2012: new system eligible students not qualifying for a fee grant

19.—(1) A new system eligible student qualifies in accordance with this regulation for a loan in respect of the fees payable by the new system eligible student in respect of, or otherwise in connection with the new system eligible student’s attendance on a designated course which began before 1 September 2012.

(2) Unless paragraph (3) applies, the amount of a fee loan in respect of an academic year of a designated course must not exceed the lesser of—

(a)£3,465 or, where one of the circumstances in regulation 16(5) applies, £1,725; and

(b)the fees payable by the student in respect of, or otherwise in connection with, that year.

(3) Where a new system eligible student qualifies for a fee loan under this regulation in respect of a designated course provided by an institution in Northern Ireland, the amount of fee loan in respect of an academic year of the designated course must not exceed the lesser of—

(a)£3,805 or, where one of the circumstances in regulation 16(5) applies, £1,895; and

(b)the fees payable by the student in respect of, or otherwise in connection with, that year.

(4) Where a new system eligible student has applied for a fee loan of less than the maximum amount available in relation to an academic year, the new system eligible student may apply to borrow an additional amount which when added to the amount already applied for does not exceed the relevant maximum applicable in the new system eligible student’s case.

(5) This regulation does not apply in relation to a student if the student qualifies for a fee grant and the course is a qualifying designated course.

(6) This regulation does not apply to a new system eligible student who is a 2012 cohort student.

(7) This regulation does not apply to a new system eligible student who is a 2012 accelerated graduate entry student.

Fee loans in respect of courses beginning before 1 September 2012: new system eligible students qualifying for a fee grant

20.—(1) A new system eligible student who qualifies for a fee grant may apply under this regulation for a fee loan in respect of the new system eligible student’s attendance on the qualifying designated course.

(2) The maximum amount of fee loan available under this regulation is the lesser of—

(a)£1,380 or, where any of the circumstances in regulation 16(5) apply, £680; and

(b)the remainder of the fees payable by the new system eligible student less an amount equal to the fee grant in respect of or otherwise in connection with that year.

(3) Where the new system eligible student has applied for a fee loan of less than the maximum amount available in relation to an academic year, the new system eligible student may apply to borrow an additional amount which, when added to the amount already applied for, does not exceed that maximum.

New fee loan in respect of courses beginning on or after 1 September 2012

21.—(1) A new system eligible student who is a 2012 cohort student qualifies in accordance with this regulation for a new fee loan in respect of, or otherwise in connection with, the 2012 cohort student’s attendance on a designated course provided by a publicly funded institution.

(2) A new fee loan is not available in respect of an academic year if that year is—

(a)a bursary year;

(b)an Erasmus year of a course provided by an institution in Scotland or Northern Ireland; or

(c)an Erasmus year of a course provided by an institution in England or Wales where the course began before 1 September 2012.

(3) The maximum amount of new fee loan available under this regulation to a 2012 cohort student in respect of an academic year of a designated course where none of the circumstances in regulations 16(5), 17(7), 17(8) or 17(9) applies is the lesser of—

(a)£3,810; and ,

(b)the fees payable by the student in respect of, or otherwise in connection with, that year.

(4) The maximum amount of new fee loan available under this regulation to a 2012 cohort student in respect of an academic year of a designated course where one of the circumstances in regulation 16(5) or regulation 17(7) applies is the lesser of—

(a)£1,895; and

(b)the fees payable by the student in respect of, or otherwise in connection with, that year.

(5) The maximum amount of new fee loan available under this regulation to a 2012 cohort student in respect of an academic year of a designated course where regulation 17(8) applies is the lesser of—

(a)£900; and

(b)the fees payable by the student in respect of, or otherwise in connection with, that year.

(6) The maximum amount of new fee loan available under this regulation to a 2012 cohort student in respect of an academic year of a designated course where regulation 17(9) applies is the lesser of—

(a)£675; and

(b)the fees payable by the student in respect of, or otherwise in connection with, that year.

(7) Where a 2012 cohort student has applied for a new fee loan of less than the maximum amount available in relation to an academic year, the 2012 cohort student may apply to borrow an additional amount which, when added to the amount already applied for, does not exceed that maximum.

(8) This regulation does not apply to a 2012 cohort student who qualifies for a new private institution fee loan.

New private institution fee loan

22.—(1) A new system eligible student who is a 2012 cohort student qualifies in accordance with this regulation for a new private institution fee loan in respect of, or otherwise in connection with, the 2012 cohort student’s attendance on a designated course provided by a private institution.

(2) A new private institution fee loan is not available in respect of an academic year if that year is—

(a)a bursary year;

(b)an Erasmus year of a course provided by an institution in Scotland or Northern Ireland; or

(c)an Erasmus year of a course provided by an institution in England or Wales where the course began before 1 September 2012.

(3) The maximum amount of new private institution fee loan available under this regulation to a 2012 cohort student in respect of an academic year of a designated course provided by a private institution where none of the circumstances in regulations 16(5), 17(7), 17(8) or 17(9) applies is the lesser of—

(a)£6,000; and

(b)the fees payable by the student in respect of, or otherwise in connection with, that year.

(4) The maximum amount of new private institution fee loan available under this regulation to a 2012 cohort student in respect of an academic year of a designated course provided by a private institution where one of the circumstances in regulation 16(5) or regulation 17(7) applies is the lesser of—

(a)£3,000; and

(b)the fees payable by the student in respect of, or otherwise in connection with, that year.

(5) The maximum amount of new private institution fee loan available under this regulation to a 2012 cohort student in respect of an academic year of a designated course provided by a private institution where regulation 17(8) applies is the lesser of—

(a)£1,200; and

(b)the fees payable by the student in respect of, or otherwise in connection with, that year.

(6) The maximum amount of new private institution fee loan available under this regulation to a 2012 cohort student in respect of an academic year of a designated course provided by a private institution where regulation 17(9) applies is the lesser of—

(a)£900; and

(b)the fees payable by the student in respect of, or otherwise in connection with, that year.

(7) Where a new system eligible student has applied for a new private institution fee loan of less than the maximum amount available in relation to an academic year, the new system eligible student may apply to borrow an additional amount which, when added to the amount already applied for, does not exceed that maximum.

Accelerated graduate entry fee loan

23.—(1) A 2012 accelerated graduate entry student qualifies in accordance with this regulation for an accelerated graduate entry fee loan in respect of, or otherwise in connection with, the 2012 accelerated graduate entry student’s attendance on a designated course which is an accelerated graduate entry course.

(2) An accelerated graduate entry fee loan is not available in respect of an academic year which is an Erasmus year.

(3) The amount of an accelerated graduate entry fee loan in respect of an academic year of a designated course which is an accelerated graduate entry course must not exceed the lesser of—

(a)£5,535; or

(b)the amount by which the fees payable by the 2012 accelerated graduate entry student exceed £3,465.

(4) Where a 2012 accelerated graduate entry student has applied for an accelerated graduate entry fee loan of less than the maximum amount available in relation to an academic year, the 2012 accelerated graduate entry student may apply to borrow an additional amount which, when added to the amount already applied for, does not exceed that maximum.

(2)

1992 c. 13; section 65(3A) was inserted by the Teaching and Higher Education Act 1998 (c. 30), section 27.

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