The Education (Student Support) (Wales) Regulations 2017

PART 1 GENERAL

Title, commencement and application

1.—(1) The title of these Regulations is the Education (Student Support) (Wales) Regulations 2017.

(2) These Regulations come into force on 17 February 2017 and apply in relation to Wales.

Interpretation

2.—(1) In these Regulations, except where the context otherwise requires—

“the 1962 Act” (“Deddf 1962”) means the Education Act 1962(1);

“the 1998 Act” (“Deddf 1998”) means the Teaching and Higher Education Act 1998;

“the 1998 Regulations” (“Rheoliadau 1998”) means the Education (Student Support) Regulations 1998(2);

“the 1999 Regulations” (“Rheoliadau 1999”) means the Education (Student Support) Regulations 1999(3);

“the 2000 Regulations” (“Rheoliadau 2000”) means the Education (Student Support) Regulations 2000(4);

“the 2001 Regulations” (“Rheoliadau 2001”) means the Education (Student Support) Regulations 2001(5);

“the 2002 Regulations” (“Rheoliadau 2002”) means the Education (Student Support) Regulations 2002(6);

“the 2003 Regulations” (“Rheoliadau 2003”) means the Education (Student Support) (No. 2) Regulations 2002 as amended(7);

“the 2004 Regulations” (“Rheoliadau 2004”) means the 2003 Regulations as further amended(8);

“the 2005 Regulations” (“Rheoliadau 2005”) means the Education (Student Support) Regulations 2005(9);

“the 2006 Regulations” (“Rheoliadau 2006”) means the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2006(10);

“the 2007 Regulations” (“Rheoliadau 2007”) means the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2007(11);

“the 2008 Regulations” (“Rheoliadau 2008”) means the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2008(12);

“the 2008 (No. 2) Regulations” (“Rheoliadau (Rhif 2) 2008”) means the Assembly Learning Grants and Loans (Higher Education) (Wales) (No. 2) Regulations 2008(13);

“the 2009 Regulations” (“Rheoliadau 2009”) means the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2009(14);

“the 2011 Regulations” (“Rheoliadau 2011”) means the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2011(15);

“the 2011 (No. 2) Regulations” (“Rheoliadau (Rhif 2) 2011”) means the Assembly Learning Grants and Loans (Higher Education) (Wales) (No.2) Regulations 2011(16);

“the 2012 Regulations” (“Rheoliadau 2012”) means the Education (Student Support) (Wales) Regulations 2012(17);

“the 2013 Regulations” (“Rheoliadau 2013”) means the Education (Student Support) (Wales) Regulations 2013(18);

“the 2015 Regulations” (“Rheoliadau 2015”) means the Education (Student Support) (Wales) Regulations 2015(19);

“2010 cohort student” (“myfyriwr carfan 2010”) means an eligible student who began the present course on or after 1 September 2010 and before 1 September 2011, other than—

(a)

a 2010 gap year student;

(b)

an eligible student who started the present course on or after 1 September 2010 and before 1 September 2011 where that course is an end-on course following on from a course that the student started before—

(i)

1 September 2010; or

(ii)

1 September 2011 and in relation to which the student is a 2010 gap year student; or

(c)

an eligible student who started the present course on or after 1 September 2010 and before 1 September 2011 whose status as an eligible student transferred to that course as a result of one or more transfers of that status by the Welsh Ministers pursuant to regulations made under section 22 of the 1998 Act from a designated course which the student began before—

(i)

1 September 2010; or

(ii)

1 September 2011 and in relation to which the student is a 2010 gap year student;

“2010 gap year student” (“myfyriwr blwyddyn i ffwrdd 2010”) has the meaning given in paragraph (6);

“2011 cohort student” (“myfyriwr carfan 2011”) means an eligible student who began the present course on or after 1 September 2011 but before 1 September 2012, other than—

(a)

a 2011 gap year student;

(b)

an eligible student who started the present course on or after 1 September 2011 but before 1 September 2012 where that course is an end-on course following on from a course that—

(i)

the student started before 1 September 2011; or

(ii)

the student started before 1 September 2012 and in relation to which the student is a 2011 gap year student; or

(c)

an eligible student who started the present course on or after 1 September 2011 and before 1 September 2012 and whose status as an eligible student transferred to that course as a result of one or more transfers of that status by the Welsh Ministers pursuant to regulations made under section 22 of the 1998 Act from a designated course which the student began—

(i)

before 1 September 2011; or

(ii)

before 1 September 2012 and in relation to which the student is a 2011 gap year student;

“2011 gap year student” (“myfyriwr blwyddyn i ffwrdd 2011”) has the meaning given in paragraph 10);

“2012 accelerated graduate entry student” (“myfyriwr mynediad graddedig carlam 2012”) means an eligible student who begins an accelerated graduate entry course on or after 1 September 2012;

“2012 cohort student” (“myfyriwr carfan 2012”) means an eligible student who begins the present course on or after 1 September 2012, other than—

(a)

an eligible student who started the present course on or after 1 September 2012 where that course is an end-on course following on from a course that the student started before 1 September 2012; or

(b)

an eligible student who started the present course on or after 1 September 2012 whose status as an eligible student transferred to that course as a result of one or more transfers of that status by the Welsh Ministers pursuant to regulations made under section 22 of the 1998 Act from a designated course which the student began before 1 September 2012; or

(c)

a 2012 accelerated graduate entry student;

“academic authority” (“awdurdod academaidd”) means, in relation to an institution, the governing body or other body having the functions of a governing body and includes a person acting with the authority of that body;

“academic year” (“blwyddyn academaidd”) means—

(a)

in respect of an academic year of a course other than the first year of a compressed first year course, the period of twelve months beginning on 1 January, 1 April, 1 July or 1 September of the calendar year in which the academic year of the course in question begins according to whether that academic year begins on or after 1 January and before 1 April, on or after 1 April and before 1 July, on or after 1 July and before 1 August or on or after 1 August and on or before 31 December, respectively; or

(b)

in respect of an academic year which is the first year of a compressed first year course, the period of eight months beginning on 1 January, 1 April, 1 July or 1 September of the calendar year in which the academic year of the course in question begins according to whether that academic year begins on or after 1 January and before 1 April, on or after 1 April and before 1 July, on or after 1 July and before 1 August or on or after 1 August and on or before 31 December respectively;

“accelerated course” (“cwrs carlam”) means a course of two years’ duration which persons undertaking it are normally required by the institution providing it to attend (whether at premises of the institution or elsewhere) for a period of at least 40 weeks in the final year;

“accelerated graduate entry course” (“cwrs mynediad graddedig carlam”) means a course—

(a)

the standard of which is not higher than a first degree course and which leads to a qualification as a medical doctor or dentist;

(b)

where a first degree or equivalent qualification would normally be required for entry to the course;

(c)

which begins on or after 1 September 2012; and

(d)

which does not exceed 4 years in duration;

“accelerated graduate entry fee loan” (“benthyciad at ffioedd mynediad graddedig carlam”) means a loan payable by the Welsh Ministers under regulation 22;

“adult dependants’ grant” (“grant dibynyddion mewn oed”) means the grant payable under regulation 26;

“applicant” (“ceisydd”) means, in relation to a person who applies for support payable under these Regulations to an eligible—

(a)

student, a person who makes an application under regulation 9;

(b)

distance learning student, a person who makes an application under regulation 72;

(c)

part-time student, a person who makes an application under regulation 99; and

(d)

postgraduate student, a person who makes an application under regulation 115;

“borrower” (“benthyciwr”) means a person to whom a loan has been made;

“bursary year” (“blwyddyn bwrsari”) means an academic year of a course in relation to which the student is eligible to apply for a healthcare bursary or a Scottish healthcare allowance, the amount of which is calculated by reference to that student’s income whether or not the calculation results in a nil amount;

“childcare grant” (“grant gofal plant”) means the grant payable under regulation 27;

“college fees” (“ffioedd coleg”) means the fees payable by a qualifying student to a college or permanent private hall of the University of Oxford or to a college of the University of Cambridge in connection with the qualifying student’s attendance on a qualifying course;

“college fee loan” (“benthyciad at ffioedd coleg”) means a loan for college fees payable to a qualifying student pursuant to regulations made by the Welsh Ministers under section 22 of the 1998 Act;

“compressed degree course” (“cwrs gradd cywasgedig”) means a course determined by the Secretary of State to be a compressed degree course;

“compressed degree student” (“myfyriwr cwrs gradd cywasgedig”) means an eligible student who—

(a)

is undertaking a compressed degree course in the United Kingdom (the“course”);

(b)

either—

(i)

began the course on or after 1 September 2006 and is continuing on that course after 31 August 2013; or

(ii)

begins the course on or after 1 September 2013; and

(c)

either—

(i)

is required to be in attendance on the course for part of the academic year for which the eligible student is applying for support under these Regulations; or

(ii)

is a disabled eligible student who is not required to be in attendance on the course as that student is unable to attend because of a reason which relates to that student’s disability;

“compressed first year course” (“cwrs blwyddyn gyntaf gywasgedig”) means a designated course—

(a)

which begins on or after 1 September 2013;

(b)

where the first year of the course is undertaken on a compressed basis and can be completed in a period of not more than seven months; and

(c)

where no other years of the course are undertaken on such a compressed basis;

“contribution” (“cyfraniad”) means in relation to—

(a)

an eligible student, the student’s contribution calculated pursuant to regulation 55 and Schedule 5;

(b)

an eligible part-time student, the student’s contribution calculated pursuant to regulation 96 and Schedule 6;

“council tax reduction scheme” (“cynllun gostyngiadau’r dreth gyngor”) means a scheme made by a billing authority in accordance with the Council Tax Reduction Schemes and Prescribed Requirements (Wales) Regulations 2013(20) or which applies in default(21) in accordance with paragraph 6(1)(e) of Schedule 1B to the Local Government Finance Act 1992(22);

“course for the initial training of teachers” (“cwrs ar gyfer hyfforddiant cychwynnol athrawon”) includes such a course leading to a first degree unless otherwise indicated but excludes an employment-based teacher training scheme;

“designated course” (“cwrs dynodedig”) means a course designated by regulation 5 or by the Welsh Ministers under regulation 5;

“designated distance learning course” (“cwrs dysgu o bell dynodedig”) means a course designated by the Welsh Ministers under regulation 66;

“designated part-time course” (“cwrs rhan-amser dynodedig”) means a course designated by regulation 83(1) or by the Welsh Ministers under regulation 83(6);

“designated postgraduate course” (“cwrs ôl-radd dynodedig”) means a course designated by regulation 112(1) or by the Welsh Ministers under regulation 112(4);

“Directive 2004/38” (“Cyfarwyddeb 2004/38”) means Directive 2004/38/EC of the European Parliament and of the Council(23) on the right of citizens of the Union and their family members to move and reside freely in the territory of the Member States;

“disability” (“anabledd”) has the meaning given in section 6 of the Equality Act 2010(24);

“distance learning course” (“cwrs dysgu o bell”) means a full-time course beginning on or after 1 September 2012 in relation to which a student undertaking the course is not required to be in attendance by the institution providing the course, other than to satisfy any requirement imposed by the institution to attend any institution—

(a)

for the purposes of registration, enrolment or any examination; or

(b)

on a weekend or during any vacation;

“electronic signature” (“llofnod electronig”) is so much of anything in electronic form as—

(a)

is incorporated into or otherwise logically associated with any electronic communication or electronic data; and

(b)

purports to be so incorporated or associated for the purpose of being used in establishing the authenticity of the communication or data, the integrity of the communication or data, or both;

“eligible distance learning student” (“myfyriwr dysgu o bell cymwys”) has the meaning given in regulation 64;

“eligible part-time prisoner” (“carcharor rhan-amser cymwys”) means a prisoner—

(a)

who begins the present part-time course on or after 1 September 2014;

(b)

has been authorised by the prison Governor or Director or other appropriate authority to study the present part-time course;

(c)

whose earliest release date is within 6 years of the first day of the first academic year of the present part-time course; and

(d)

who has not transferred to the present part-time course under regulation 102 from a course beginning before 1 September 2014;

“eligible part-time student” (“myfyriwr rhan-amser cymwys”) has the meaning given in regulation 81;

“eligible postgraduate student” (“myfyriwr ôl-raddedig cymwys”) has the meaning given in regulation 110;

“eligible prisoner” (“carcharor cymwys”) means a prisoner—

(a)

who begins the present course on or after 1 September 2012;

(b)

has been authorised by the prison Governor or Director or other appropriate authority to study the present course;

(c)

whose earliest release date is within 6 years of the first day of the first academic year of the present course;

(d)

who has not transferred to the present course under regulation 8 from a course beginning before 1 September 2012; and

(e)

is not beginning an end-on course on or after 1 September 2012;

“eligible student” (“myfyriwr cymwys”) has the meaning given in regulation 4;

“employment-based teacher training scheme” (“cynllun hyfforddi athrawon ar sail cyflogaeth”) means—

(a)

a scheme established by the Welsh Ministers for the purpose of regulation 8 of the Education (School Teachers’ Qualifications) (Wales) Regulations 2004(25) or for the purpose of regulation 8 of the School Teachers’ Qualifications (Wales) Regulations 2012(26) whereby a person may undertake initial teacher training in order to obtain qualified teacher status while being employed to teach at a maintained school, an independent school or other institution except a pupil referral unit; or

(b)

a scheme established by the Secretary of State whereby a person may undertake initial teacher training in order to obtain qualified teacher training status while being employed to teach at a school, city college, Academy, independent school or other institution except a pupil referral unit;

“end-on course” (“cwrs penben”) means—

(a)

a full-time first degree course (other than a first degree course for the initial training of teachers) which, disregarding any intervening vacation, a student begins to attend immediately after ceasing to attend a full-time course listed in paragraph 2,3 or 4 of Schedule 2 for which the student received or was entitled to receive support under the 2006, 2007, 2008, 2008 (No. 2), 2009, 2011, 2011 (No. 2),2012, 2013 or 2015 Regulations;

(b)

a full-time honours degree course which, disregarding any intervening vacation, a student begins to attend immediately after ceasing to attend a full-time foundation degree course or a full-time ordinary degree course for which the student received or was entitled to receive support under the 2006, 2007, 2008, 2008 (No. 2), 2009, 2011, 2011 (No. 2), 2012, 2013 or 2015 Regulations;

(c)

a part-time first degree course (other than a first degree course for the initial training of teachers) which, disregarding any intervening vacation, a student begins to attend immediately after ceasing to attend a part-time course listed in paragraph 2, 3 or 4 of Schedule 2 for which the student received or was entitled to receive support under the 2006, 2007, 2008, 2008 (No. 2), 2009, 2011, 2011 (No. 2), 2012,2013 or 2015 Regulations;

(d)

a part-time honours degree course which, disregarding any intervening vacation, a student begins to attend immediately after ceasing to attend a part-time foundation degree course or a part-time ordinary degree course for which the student received or was entitled to receive support under the 2006, 2007, 2008, 2008 (No. 2), 2009, 2011, 2011 (No. 2), 2012, 2013 or 2015 Regulations;

(e)

a distance learning first degree course (other than a first degree course for the initial training of teachers) which, disregarding any intervening vacation, a student begins to attend immediately after ceasing to attend a designated distance learning course listed in paragraph 2, 3 or 4 of Schedule 2 for which the student received or was entitled to receive support under the 2006, 2007, 2008, 2008 (No. 2), 2009, 2011, 2011 (No. 2), 2012, 2013 or 2015 Regulations;

(f)

a distance learning honours degree course which, disregarding any intervening vacation, a student begins to attend immediately after ceasing to attend a designated distance learning foundation degree course or designated distance learning ordinary degree course for which the student received or was entitled to receive support under the 2006, 2007, 2008, 2008 (No. 2), 2009, 2011, 2011 (No. 2), 2012, 2013 or 2015 Regulations;

“English regulated institution” (“sefydliad rheoleiddiedig Seisnig”) means an institution maintained or assisted by recurrent grants from the Higher Education Funding Council for England;

“entitlement period” (“cyfnod hawlogaeth”) has the meaning given in regulation 27(4);

“Erasmus year” (“blwyddyn Erasmus”) means an academic year of a course during which a student is participating in the action scheme of the European Union for the mobility of university students known as ERASMUS(27) and the student’s course is a course referred to in regulation 5(1)(e)(i) and—

(a)

where the course began before 1 September 2012, all the periods of study or work placement during the academic year were attended at an institution or workplace outside the United Kingdom;

(b)

where the course begins on or after 1 September 2012 and is provided by an institution in Northern Ireland, all the periods of study or work placement during the academic year are attended at an institution or workplace outside the United Kingdom; or

(c)

where the course begins on or after 1 September 2012 and is provided by an institution in England, Scotland or Wales—

(i)

at least one period of study or work placement during the academic year is attended at an institution or workplace outside the United Kingdom; and

(ii)

either—

(aa)

in respect of that academic year the aggregate of any one or more periods of full-time study at the institution in the United Kingdom is less than 10 weeks; or

(bb)

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 any intervening vacations) exceeds 30 weeks;

“EU national” (“gwladolyn o’r UE”) means a national of a Member State of the European Union;

“European Union” (“yr Undeb Ewropeaidd”) means the territory comprised by the Member States of the European Union as constituted from time to time;

“fees” (“ffioedd”) has the meaning given in section 57(1) of the Higher Education (Wales) Act 2015(28) except in references to college fees;

“fee loan” (“benthyciad at ffioedd”) means a loan for fees payable to an eligible student pursuant to Part 4;

“fee support” (“cymorth at ffioedd”) means grants in relation to fees pursuant to regulations made by the Welsh Ministers under section 22 of the 1998 Act and includes fee loans in relation to fees under Part 4;

“former Metropolitan Police District” (“cyn Ardal yr Heddlu Metropolitanaidd”) means—

(a)

Greater London, excluding the city of London, the Inner Temple and the Middle Temple;

(b)

in the county of Essex, in the district of Epping Forest—

• the area of the former urban district of Chigwell,

• the parish of Waltham Abbey;

(c)

in the county of Hertfordshire—

• in the borough of Broxbourne, the area of the former urban district of Cheshunt,

• the district of Hertsmere,

• in the district of Welwyn Hatfield, the parish of Northaw; and

(d)

in the county of Surrey—

• in the borough of Elmbridge, the area of the former urban district of Esher,

• the boroughs of Epsom and Ewell and Spelthorne,

• in the district of Reigate and Banstead, the area of the former urban district of Banstead;

“grant for disabled distance learning students’ living costs” (“grant at gostau byw myfyrwyr dysgu o bell anabl”) means the grant payable under regulation 71;

“grant for disabled part-time students’ living costs” (“grant at gostau byw myfyrwyr rhan-amser anabl”) means the grant payable under regulation 88;

“grant for disabled students’ living costs” (“grant at gostau byw myfyrwyr anabl”) means the grant payable under regulation 24;

“grant for living costs” (“grant at gostau byw”) (without more) means a grant under any of the provisions of Part 5 of these Regulations;

“grants for dependants” (“grantiau ar gyfer dibynyddion”) means the grants and allowance listed in regulation 25(1);

“grant for travel” (“grant at deithio”) means the grant payable under regulations 32 to 34;

“healthcare bursary” (“bwrsari gofal iechyd”) means a bursary or award of similar description under section 63 of the Health Services and Public Health Act 1968(29) or Article 44 of the Health and Personal Social Services (Northern Ireland) Order 1972(30);

“higher education course” (“cwrs addysg uwch”) means a course referred to in Schedule 2 or a postgraduate or other course the standard of which is higher than the standard of a first degree course;

“household income” (“incwm yr aelwyd”, “incwm aelwyd”, “incwm sydd gan yr aelwyd”) in relation to—

(a)

an eligible student, has the meaning given in Schedule 5;

(b)

an eligible part-time student, has the meaning given in Schedule 6;

“information” (“gwybodaeth”) includes documents;

“Institute” (“yr Athrofa”) means the University of London Institute in Paris(31);

“intensive course” (“cwrs dwys”) means an accelerated course or a compressed degree course;

“Islands” (“Ynysoedd”) means the Channel Islands and the Isle of Man;

“loan” (“benthyciad”), except where otherwise indicated, means a loan pursuant to any regulations made by the Welsh Ministers under section 22 of the 1998 Act, including the interest accrued on the loan and any penalties or charges incurred in connection with it;

“loan for living costs” (“benthyciad at gostau byw”) means a loan for living costs pursuant to regulations made by the Welsh Ministers under section 22 of the 1998 Act;

“maintained school” (“ysgol a gynhelir”) means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school;

“maintenance grant” (“grant cynhaliaeth”) means the grant payable under regulations 35 to 37;

“new eligible part-time student” (“myfyriwr rhan-amser cymwys newydd”) means an eligible part-time student who begins a designated part-time course on or after 1 September 2014, other than—

(a)

an eligible part-time student who started the present part-time course on or after 1 September 2014 where that course is an end-on course following on from a designated part-time course that the student started before 1 September 2014; or

(b)

an eligible part-time student who started the present part-time course on or after 1 September 2014 whose status as an eligible part-time student transferred to that part-time course as a result of one or more transfers of that status by the Welsh Ministers pursuant to regulation 102 from a designated part-time course which the student began before 1 September 2014;

“new fee grant” (“grant newydd at ffioedd”) means a grant made by the Welsh Minsters under regulation 16;

“new fee loan” (“benthyciad newydd at ffioedd”) means a loan payable by the Welsh Ministers under regulation 19;

“new part-time course grant” (“grant newydd at gyrsiau rhan-amser”) means a grant payable by the Welsh Ministers under regulation 87;

“new part-time fee loan” (“benthyciad newydd at ffioedd rhan-amser”) means a loan payable by the Welsh Ministers under regulation 86;

“new private institution fee loan” (“benthyciad newydd at ffioedd sefydliad preifat”) means a loan payable by the Welsh Ministers under regulation 21;

“old award” (“hen ddyfarniad”) is an award within the meaning of the Education (Mandatory Awards) Regulations 2003(32);

“ordinary duration” (“cyfnod arferol”) means, in relation to a designated course, the number of academic years that a standard student would take to complete the designated course;

“parents’ learning allowance” (“lwfans >dysgu ar gyfer rhieni”) means the allowance payable under regulation 28;

“part-time adult dependants’ grant” (“grant rhan-amser ar gyfer dibynyddion mewn oed”) means the grant payable under regulation 91;

“part-time childcare grant” (“grant rhan-amser ar gyfer gofal plant”) means the grant payable under regulation 92;

“part-time distance learning course” (“cwrs dysgu o bell rhan-amser”) means a designated part-time course in relation to which a student undertaking the course is not required to be in attendance by the institution providing the course, other than to satisfy any requirement imposed by the institution to attend any institution—

(a)

for the purposes of registration, enrolment or any examination; or

(b)

on a weekend or during any vacation;

“part-time grants for dependants” (“grantiau rhan-amser ar gyfer dibynyddion”) means the grants and allowance listed in regulation 90(1);

“part-time parents’ learning allowance” (“lwfans dysgu rhan-amser ar gyfer rhieni”) means the allowance payable under regulation 93;

“periods of work experience” (“cyfnodau o brofiad gwaith”) means—

(a)

periods of industrial, professional or commercial experience associated with full-time study at an institution but at a place outside that institution;

(b)

periods during which a student is employed and residing in a country whose language is one that the student is studying for the student’s course (provided that the period of residence in that country is a requirement of the student’s course and the study of one or more modern languages accounts for not less than one half of the total time spent studying on the course);

“person with leave to enter or remain” (“person sydd â chaniatâd i ddod i mewn neu i aros”) means a person (“A” in this definition)—

(a)

who has—

(i)

applied for refugee status but has as a result of that application been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that, although A is considered not to qualify for recognition as a refugee it is thought right to allow A to enter or remain in the United Kingdom on the grounds of humanitarian protection or discretionary leave; or

(ii)

not applied for refugee status but has been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that it is thought right to allow A to enter or remain in the United Kingdom on the grounds of discretionary leave;

(b)

who has been granted leave to enter or to remain accordingly;

(c)

whose period of leave to enter or remain has not expired or has been renewed and the period for which it was renewed has not expired or in respect of whose leave to enter or remain an appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002(33); and

(d)

who has been ordinarily resident in the United Kingdom and Islands throughout the period since A was granted leave to enter or remain;

“preliminary course” (“cwrs rhagarweiniol”) means a course listed in paragraph 2 or 3 of Schedule 2 that is taken before a full-time degree course (other than a first degree course for the initial training of teachers) or a foundation degree course that is taken before a full-time honours degree course, as the case may be;

“prescribed childcare charges” (“costau rhagnodedig ar gyfer gofal plant”) means childcare charges of a description prescribed for the purposes of section 12 of the Tax Credits Act 2002(34);

“present course” (“cwrs presennol”) means the designated course in respect of which a person is applying for support under regulation 9;

“present distance learning course” (“cwrs dysgu o bell presennol”) means the designated distance learning course in respect of which a person is applying for support under regulation 72;

“present part-time course” (“cwrs rhan-amser presennol”) means the designated part-time course in respect of which a person is applying for support under regulation 99;

“present postgraduate course” (“cwrs ôl-radd presennol”) means the designated postgraduate course in respect of which a person is applying for support under regulation 115;

“prisoner (“carcharor”) means a person who is serving a sentence of imprisonment in the United Kingdom including a person who is detained in a young offender institution;

“private institution” (“sefydliad preifat”) means an institution which is not a recognised educational institution;

“public funds” (“cronfeydd cyhoeddus”) means moneys provided by Parliament including funds provided by the Welsh Ministers;

“publicly funded” (“a ariennir yn gyhoeddus”, “a ariannwyd yn gyhoeddus”) means maintained or assisted by recurrent grants out of public funds, and related expressions are to be interpreted accordingly;

“qualified teacher” (“athro neu athrawes gymwysedig”, “athro neu’n athrawes gymwysedig”) has the meaning given in section 132(1) of the Education Act 2002(35);

“qualifying course” (“cwrs cymhwysol”) means a full-time designated course which is provided by the University of Oxford or the University of Cambridge and—

(a)

leads to qualification as a social worker, medical doctor, dentist, veterinary surgeon or architect;

(b)

where it began before 1 September 2009, leads to qualification as a landscape architect, landscape designer, landscape manager, town planner or town and country planner; or

(c)

consists of at least one academic year which is a bursary year;

“qualifying student” (“myfyriwr cymhwysol”) means a person who meets the conditions set out in paragraph 2 of Schedule 4;

“quarter” (“chwarter”) in relation to an academic year means a period in that year—

(a)

beginning on 1 January and ending on 31 March;

(b)

beginning on 1 April and ending on 30 June;

(c)

beginning on 1 July and ending on 31 August; or

(d)

beginning on 1 September and ending on 31 December;

“recognised educational institution” (“sefydliad addysgol cydnabyddedig”) means—

(a)

in respect of a course beginning before 1 September 2017 a publicly funded institution situated in the United Kingdom;

(b)

in respect of a course beginning on or after 1 September 2017 an institution that is—

(i)

a Welsh regulated institution;

(ii)

an English regulated institution; or

(iii)

maintained or assisted by recurrent grants out of public funds and is situated in Scotland or Northern Ireland;

“refugee” (“ffoadur”) means a person who is recognised by Her Majesty’s government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28 July 1951(36) as extended by the Protocol thereto which entered into force on 4 October 1967(37);

“Research Council” (“Cyngor Ymchwil”) means any of the following research councils—

(a)

Arts and Humanities Research Council,

(b)

Biotechnology and Biological Sciences Research Council,

(c)

Economic and Social Research Council,

(d)

Engineering and Physical Sciences Research Council,

(e)

Medical Research Council,

(f)

Natural Environment Research Council,

(g)

Science and Technology Facilities Council;

“right of permanent residence” (“hawl i breswylio’n barhaol”) means a right arising under Directive 2004/38 to reside in the United Kingdom permanently without restriction;

“sandwich course” (“cwrs rhyngosod”) has the meaning given in paragraph (2);

“Scottish healthcare allowance” (“lwfans gofal iechyd yr Alban”) means any allowance under sections 73(f) and 74(1) of the Education (Scotland) Act 1980(38) granted in respect of a person attending a course leading to a qualification in a healthcare profession other than as a medical doctor or dentist;

“special support grant” (“grant cymorth arbennig”) means the grant payable under regulations 38 to 40;

“specified designated course” (“cwrs dynodedig a bennir”) has the meaning given in paragraph (5);

“standard student” (“myfyriwr safonol”) is a student who is to be taken—

(a)

to have begun the designated course on the same date as the eligible student in question;

(b)

not to be excused any part of the course;

(c)

not to repeat any part of the course; and

(d)

not to be absent from the course other than during vacations;

“statutory award” (“dyfarniad statudol”) means any award bestowed, grant paid or other support provided by virtue of the 1998 Act or the 1962 Act, or any comparable award, grant or other support in respect of undertaking a course which is paid out of public funds;

“student loans legislation” (“y ddeddfwriaeth ar fenthyciadau i fyfyrwyr”) means the Education (Student Loans) Act 1990(39), the Education (Student Loans) (Northern Ireland) Order 1990(40), the Education (Scotland) Act 1980 and regulations made under those Acts or that Order, the Education (Student Support) (Northern Ireland) Order 1998(41) and regulations made under that Order or the 1998 Act and regulations made under the 1998 Act;

“support” (“cymorth”), except where otherwise indicated, means financial support by way of grant or loan made by the Welsh Ministers pursuant to regulations made by them under section 22 of the 1998 Act;

“Turkish worker” (“gweithiwr Twrcaidd”) means a Turkish national who—

(a)

is ordinarily resident in the United Kingdom and Islands; and

(b)

is, or has been, lawfully employed in the United Kingdom;

“universal credit” (“credyd cynhwysol”) means universal credit under Part 1 of the Welfare Reform Act 2012(42);

“universal healthcare bursary” (“bwrsari gofal iechyd cyffredinol”) means a healthcare bursary of £1,000 which is—

(a)

payable to a 2012 cohort student or a 2012 accelerated graduate entry student; and

(b)

in relation to a 2012 cohort student is not calculated by reference to that student’s income; or

(c)

in relation to a 2012 accelerated graduate entry student is not calculated by reference to that student’s income;

“valid declaration of eligibility” (“datganiad cymhwystra dilys”) has the meaning given in regulation 27(4);

“Welsh regulated institution” (“sefydliad rheoleiddiedig Cymreig”) means an institution which has a fee and access plan approved by the Higher Education Funding Council for Wales under section 7 of the Higher Education (Wales) Act 2015 whilst that plan remains in force.

(2) In these Regulations—

(a) a course is a “sandwich course” (“cwrs rhyngosod”) if—

(i) it is not a course for the initial training of teachers or an academic year of a designated course that is an Erasmus year;

(ii) it consists of alternate periods of full-time study in an institution and periods of work experience; and

(iii) taking the course as a whole, the student attends the periods of full-time study for an average of not less than 18 weeks in each year;

(b) in calculating the student’s attendance for the purposes of sub-paragraph (a), the course is to be treated as beginning with the first period of full-time study and ending with the last such period;

(c) for the purposes of sub-paragraph (a), where periods of full-time study and work experience alternate within any week of the course, the days of full-time study are aggregated with each other and with any weeks of full-time study in determining the number of weeks of full-time study in each year.

(3) In these Regulations, the “specified designated course” (“cwrs dynodedig a bennir”) means the present course, subject to paragraphs (4) and (5).

(4) Where the student’s status as an eligible student has been transferred to the present course as a result of one or more transfers of that status by the Welsh Ministers from a course (the “initial course”) in connection with which the Welsh Ministers determined the student to be an eligible student pursuant to regulations made by them under section 22 of the 1998 Act, the specified designated course is the initial course.

(5) Where the present course is an end-on course, the specified designated course is the course in relation to which the present course is an end-on course (the “preceding course”). Where the preceding course is itself an end-on course, the specified designated course is the course in relation to which the preceding course is an end-on course.

(6) In these Regulations, a person is a “2010 gap year student” (“myfyriwr blwyddyn i ffwrdd 2010”) in relation to a course provided by or on behalf of an institution that was publicly funded as at 1 August 2009 if the person meets the conditions in paragraphs (7) or (9).

(7) The conditions referred to in paragraph (6) are—

(a) the person had on or before 1 August 2009 received an offer, whether conditional or not, of a place on the present course or a similar course; and

(b) the first academic year of the present course started on or after 1 September 2010 but before 1 September 2011.

(8) In paragraph (7), a course (“the original course”) is similar to the present course if—

(a) it appears to the academic authority of the institution providing the present course that the subject-matter of the course is in whole or in part the same as the subject-matter of the original course; and

(b) except where the original course is no longer being provided, the present course is provided by the institution which was to have provided the original course.

(9) The conditions referred to in paragraph (6) are—

(a) the person had received an offer of a place on a designated course (whether or not at the same institution as the present course) the first academic year of which began before 1 September 2010;

(b) the person was unable to take up the offer because a specified qualification or grade was not awarded to the person;

(c) the person appealed against the decision not to award the person the qualification or grade;

(d) the appeal was allowed after the last date on which the person could have taken up the offer;

(e) as a result, the person was offered a place on the present course; and

(f) the first academic year of the present course began on or after 1 September 2010 but before 1 September 2011.

(10) In these Regulations, a person is a “2011 gap year student” (“myfyriwr blwyddyn i ffwrdd 2011”) in relation to a course provided by or on behalf of an institution that was publicly funded as at 1 August 2010 if that person meets the conditions in paragraphs (11) or (13).

(11) The conditions referred to in paragraph (10) are—

(a) the person had on or before 1 August 2010 received an offer, whether conditional or not, of a place on the present course or a similar course; and

(b) the first academic year of the present course started on or after 1 September 2011 but before 1 September 2012.

(12) In paragraph (11), a course (“the original course”) is similar to the present course if—

(a) it appears to the academic authority of the institution providing the present course that the subject-matter of the course is in whole or in part the same as the subject-matter of the original course; and

(b) except where the original course is no longer being provided, the present course is provided by the institution which was to have provided the original course.

(13) The conditions referred to in paragraph (10) are—

(a) the person had received an offer of a place on a designated course (whether or not at the same institution as the present course) the first academic year of which began before 1 September 2011;

(b) the person was unable to take up the offer because a specified qualification or grade was not awarded to the person;

(c) the person appealed against the decision not to award the person the qualification or grade;

(d) the appeal was allowed after the last date on which the person could have taken up the offer;

(e) as a result, the person was offered a place on the present course; and

(f) the first academic year of the present course began on or after 1 September 2011 but before 1 September 2012.

(14) For the purposes of these Regulations—

(a) a 2011 gap year student is to be treated as a 2010 cohort student;

(b) where an eligible student starts the present course on or after 1 September 2011 and that course is an end-on course following on from a designated course (“the earlier course”) which the student started on or after 1 September 2010 and before 1 September 2011, the student is to be treated as a 2010 cohort student;

(c) where an eligible student starts the present course on or after 1 September 2011 and whose status as an eligible student transferred to that course as a result of one or more transfers of that status by the Welsh Ministers pursuant to regulations made under section 22 of the 1998 Act from a designated course (“the earlier course”) which the student started on or after 1 September 2010 and before 1 September 2011, the student is to be treated as a 2010 cohort student;

(d) subject to paragraph (15), where an eligible student starts the present course on or after 1 September 2012 and that course is an end-on course following on from a designated course (“the earlier course”) which the student started on or after 1 September 2011 and before 1 September 2012, the student is to be treated as a 2011 cohort student;

(e) subject to paragraph (15), where an eligible student starts the present course on or after 1 September 2012 and whose status as an eligible student transferred to that course as a result of one or more transfers of that status by the Welsh Ministers pursuant to regulations made under section 22 of the 1998 Act from a designated course (“the earlier course”) which the student started on or after 1 September 2011 and before 1 September 2012, the student is to be treated as a 2011 cohort student.

(15) The eligible student referred to in sub-paragraphs (d) and (e) of paragraph (14) is not to be treated as a 2011 cohort student, if in relation to the earlier course, the student is a 2011 gap year student.

Revocation, savings and transitional provisions

3.—(1) Subject to paragraph (14), the 2015 Regulations are revoked on 1 September 2017.

(2) The 2003 Regulations continue to apply to the provision of support to students in relation to an academic year which began on or after 1 September 2003 but before 1 September 2004.

(3) The 2004 Regulations continue to apply to the provision of support to students in relation to an academic year which began on or after 1 September 2004 but before 1 September 2005.

(4) The 2005 Regulations continue to apply to the provision of support to students in relation to an academic year which began on or after 1 September 2005 but before 1 September 2006.

(5) The 2006 Regulations continue to apply to the provision of support to students in relation to an academic year which began on or after 1 September 2006 but before 1 September 2007.

(6) The 2007 Regulations continue to apply to the provision of support to students in relation to an academic year which began on or after 1 September 2007 but before 1 September 2008.

(7) The 2008 Regulations continue to apply to the provision of support to students in relation to an academic year which began on or after 1 September 2008 but before 1 September 2009.

(8) The 2008 (No. 2) Regulations continue to apply to the provision of support to students in relation to an academic year which began on or after 1 September 2009 but before 1 September 2010.

(9) The 2009 Regulations continue to apply to the provision of support to students in relation to an academic year which began on or after 1 September 2010 but before 1 September 2011.

(10) The 2011 Regulations continue to apply to the provision of support to students in relation to an academic year which begins on or after 1 September 2011 but before 1 September 2012.

(11) The 2011 (No. 2) Regulations continue to apply to the provision of support to students in relation to an academic year which begins on or after 1 September 2012 but before 1 September 2013.

(12) The 2012 Regulations continue to apply to the provision of support to students in relation to an academic year which begins on or after 1 September 2013 but before 1 September 2014.

(13) The 2013 Regulations continue to apply to the provision of support to students in relation to an academic year which begins on or after 1 September 2014 but before 1 September 2015.

(14) The 2015 Regulations continue to apply to the provision of support to students in relation to—

(a) an academic year which begins on or after 1 September 2015 but before 1 September 2017;

(b) a course the first day of the first academic year of which was—

(i) before 1 September 2010; or

(ii) before 1 September 2011 where—

(aa) a person is a 2010 gap year student; or

(bb) the course is an end on course that follows on from a course that the student started before 1 September 2010;

(c) the present course where—

(i) the first day of the first academic year of that course was on or after 1 September 2010 but before 1 September 2011; and

(ii) a person’s status as an eligible student transferred to that course as a result of one or more transfers of that status by the Welsh Ministers pursuant to regulations made under section 22 of the 1998 Act from a designated course which the eligible student began before—

(aa) 1 September 2010; or

(bb) 1 September 2011 and in relation to which the student is a 2010 gap year student.

(15) For the purposes of paragraphs (2) to (4), any reference to the Secretary of State in relation to any function conferred on the Secretary of State by the Regulations referred to in those paragraphs, is to be read in relation to Wales as a reference to—

(a) the Welsh Ministers, in the case of a function referred to in section 44(1) of the Higher Education Act 2004(43); or

(b) the Welsh Ministers or the Secretary of State, in the case of a function referred to in section 44(2) of the Higher Education Act 2004.

(16) These Regulations apply in relation to the provision of support to students in respect of an academic year which begins on or after 1 September 2017 whether anything done under these Regulations is done before, on or after 1 September 2017.

PART 2 ELIGIBILITY

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) Subject to paragraph (7), a person is an eligible student in connection with a designated course if—

(a) in assessing the person’s application for support under regulation 9 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) Subject to paragraph (7), a person (“A” in this paragraph) is not an eligible student if—

(a) an old award has been bestowed on A in respect of A’s attendance on the course;

(b) A is eligible for a loan in relation to an academic year of the course under the Education (Student Loans) (Northern Ireland) Order 1990;

(c) there has been bestowed on, or paid to, A in relation to A’s attendance on the course—

(i) a healthcare bursary, other than a universal healthcare bursary, the amount of which is not calculated by reference to A’s income; or

(ii) any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 2007(44);

(d) A is in breach of any obligation to repay any loan;

(e) A has reached the age of 18 and has not ratified any agreement for a loan made with A when A was under the age of 18; or

(f) A has, in the opinion of the Welsh Ministers, shown by A’s conduct that A is unfitted to receive support under these Regulations.

(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 the borrower had no curator.

(6) An eligible student in respect of whom the first academic year of the specified designated course begins on or after 1 September 2000 does not, at any one time, qualify for support under these Regulations 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;

(d) a designated course and a designated distance learning course.

(7) Subject to paragraphs (9) to (11), if a person satisfies the conditions in paragraph (8)(a),(b) or (c)—

(a) paragraphs (2) and (3) do not apply to the person; and

(b) the person is an eligible student for the purposes of these Regulations.

(8) The conditions referred to in paragraph (7) are—

(a) the—

(i) 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 1998 Act;

(ii) person was ordinarily resident in Wales on the first day of the first academic year of the present course; and

(iii) person’s status as an eligible student has not terminated;

(b) the—

(i) present course is an end-on course which the person is starting on or after 1 September 2006;

(ii) person qualified as an eligible student in connection with the course in relation to which the present course is an end-on course;

(iii) period of eligibility in respect of the course in sub-paragraph (b)(ii) only ceased on the grounds that the student had completed the course; and

(iv) person was ordinarily resident in Wales on the first day of the first academic year of the course in sub-paragraph (b)(ii);

(c) the—

(i) Welsh Ministers have previously determined that the person is an eligible—

(aa) part-time student in connection with a designated part-time course;

(bb) student in connection with a designated course other than the present course; or

(cc) distance learning student in connection with a designated distance learning course;

(ii) person’s status as an eligible part-time student, an eligible distance learning student or as an eligible student in connection with the course in sub-paragraph (c)(i) 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 1998 Act;

(iii) person was ordinarily resident in Wales on the first day of the first academic year of the course referred to in sub-paragraph (c)(i); and

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

(9) 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” in this paragraph) 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 A’s 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 A’s 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 A’s spouse, civil partner, parent (as defined in Part 1 of Schedule 1) 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),

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

(10) 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” in this paragraph) 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 A’s 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 A’s 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 A is applying for support.

(11) Paragraphs (9) and (10) do not apply where the student began the course in connection with which the Welsh Ministers determined that A was an eligible part-time student, an eligible student or a qualifying student, as the case may be, before 1 September 2007.

(12) Subject to paragraph (13), a prisoner who begins the present course on or after 1 September 2012 will not be an eligible student unless—

(a) they are an eligible prisoner;

(b) they are an eligible student who has transferred to the present course on or after 1 September 2012 under regulation 8 from a course beginning before 1 September 2012; or

(c) the present course is an end-on course.

(13) Paragraph (12) does not apply in respect of an academic year during which the student enters or is released from prison.

Designated courses

5.—(1) Subject to paragraphs (2), (3) and (4), a course is a designated course for the purposes of section 22(1) of the 1998 Act and regulation 4 if it is—

(a) listed in Schedule 2;

(b) one of the following—

(i) a full-time course;

(ii) a sandwich course; or

(iii) a distance learning course other than a course to which regulation 66(5) applies;

(c) not a designated distance learning course;

(d) of at least one academic year’s duration;

(e) provided—

(i) wholly in the United Kingdom by a recognised educational institution;

(ii) by a recognised educational institution in conjunction with an institution which is situated outside the United Kingdom;

(iii) by a charity situated in England and Wales on behalf of a Welsh regulated institution; or

(iv) by a publicly funded institution situated in the United Kingdom on behalf of an English regulated institution;

(f) for a course beginning on or after 1 September 2017 substantially provided in the United Kingdom; and

(g) for a course beginning on or after 1 September 2012 which falls within paragraphs 1, 2, 4, 6, 7 or 8 of Schedule 2, a course leading to an award granted or to be granted by a body falling within section 214(2)(a) or (b) of the Education Reform Act 1988(45).

(2) A course falling within paragraph 7 or 8 of Schedule 2 is not a designated course where the governing body of a maintained school has arranged for the provision of such a course to a pupil of the school.

(3) A course that is taken as part of an employment-based teacher training scheme is not a designated course.

(4) Paragraph (1)(c) does not apply where the person applying for support under regulation 9 in connection with the course is—

(a) a disabled eligible student; and

(b) undertaking that course in the United Kingdom but not in attendance because the person is unable to attend for a reason which relates to the person’s disability.

(5) For the purposes of paragraph (1)—

(a) a course is provided by an institution if it provides the teaching and supervision which comprise the course, whether or not the institution has entered into an agreement with the student to provide the course;

(b) a university and any constituent college or institution in the nature of a college of a university is regarded as a recognised educational institution if either the university or the constituent college or institution is a recognised educational institution;

(c) an institution is not regarded as a recognised educational institution 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(46); and

(d) a course is substantially provided in the United Kingdom where at least half of the teaching and supervision which comprise the course is provided in the United Kingdom.

(6) A course to which this paragraph applies is considered to be a single course for a first degree or for an equivalent qualification even if—

(a) the course leads to another degree or qualification being conferred before the degree or equivalent qualification; and

(b) part of the course is optional.

(7) Paragraph (6) applies to a course the standard of which is not higher than a first degree which leads to a qualification as a medical doctor, dentist, veterinary surgeon, architect, landscape architect, landscape designer, landscape manager, town planner or town and country planner.

(8) For the purposes of section 22 of the 1998 Act and regulation 4(1) the Welsh Ministers may designate courses of higher education which are not designated under paragraph (1).

(9) The Welsh Ministers may revoke or suspend the designation of a course which is designated under paragraph (8).

Period of eligibility

6.—(1) A student’s status as an eligible student is retained in connection with a designated course until that status terminates in accordance with this regulation or regulation 4.

(2) The period for which an eligible student retains the status referred to in paragraph (1) is the “period of eligibility” (“cyfnod cymhwystra”).

(3) Subject to the following paragraphs and regulation 4, the “period of eligibility” terminates at the end of the academic year in which the student completes the designated course.

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

(a) withdraws from the eligible student’s designated course in circumstances where the Welsh Ministers have not transferred or converted or will not transfer or convert the eligible student’s status as an eligible student under regulation 8, regulation 76 or regulation 103; or

(b) abandons or is expelled from the eligible student’s designated course.

(5) The Welsh Ministers may terminate the period of eligibility where the eligible student has shown by the eligible student’s conduct that the eligible student is unfitted to receive support.

(6) If the Welsh Ministers are satisfied that an eligible student has failed to comply with any requirement to provide information under these Regulations 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 under these Regulations;

(c) treat any support paid to the student under these Regulations as an overpayment which may be recovered under regulations 62, 80, 109, 119 and paragraph 15 of Schedule 4.

(7) Where the period of eligibility terminates before the end of the academic year in which the student completes the designated course, the Welsh Ministers may, at any time, renew the period of eligibility for such period as they determine.

(8) Despite paragraph (1), an eligible student who has not attended a previous course is only eligible for a new fee grant, fee loan or a grant for living costs in respect of the present course for the number of academic years equal to .

(9) Despite paragraph (1) and subject to paragraph (11), an eligible student who has attended a previous course is only eligible for a new fee grant, fee loan, grant for travel, maintenance grant or a special support grant in respect of the present course for the number of academic years equal to , except that—

(a) no deduction equivalent to PC applies in the case of a teacher training student or a 2012 accelerated graduate entry student;

(b) in the case of an eligible student who did not successfully complete the latest previous course because of compelling personal reasons—

(i) one additional year is added; and

(ii) a further additional year may be added if the Welsh Ministers consider it appropriate to do so having regard to those reasons; and

(c) in the case of an eligible student to whom paragraph (22) applies, one or more additional years may be added by the Welsh Ministers if they consider it appropriate to do so.

(10) Paragraph (11) applies to—

(a) an eligible student who is on an end-on course;

(b) an eligible student who—

(i) has completed a full-time course listed in paragraph 2 or 3 of Schedule 2;

(ii) is on a full-time first degree course (other than a first degree course for the initial training of teachers) that the student did not begin immediately after the course referred to in paragraph (i); and

(iii) has not taken a full-time first degree course after the course referred to in paragraph (i) and before the present course;

(c) an eligible student who—

(i) has completed a full-time foundation degree course;

(ii) is on a full-time honours degree course that the student did not begin immediately after the course referred to in paragraph (i) and before the present course; and

(iii) has not taken a full-time first degree course after the course referred to in paragraph (i) and before the present course.

(11) Despite paragraph (1), an eligible student to whom this paragraph applies is only eligible for a new fee grant, fee loan or a grant for living costs in respect of the present course for the number of academic years equal to , except that in the case of an eligible student to whom paragraph (22) applies, one or more additional years may be added by the Welsh Ministers if they consider it appropriate to do so.

(12) In any case where the number of academic years for which a new fee grant, fee loan or a grant for living costs is available in accordance with this regulation is less than the number of academic years that make up the period ordinarily required for the completion of the present course, the academic years in which the student is eligible for such a grant or loan for fees or a grant for living costs are the latest years of the present course.

(13) In this regulation—

(a) D is the greater of 3 and the number of academic years that make up the ordinary duration of the course;

(b) OD is the number of academic years that make up the period ordinarily required for the completion of the present course;

(c) PC is the number of years of attendance by the eligible student on a previous course;

(d) X is 1 where the ordinary duration of the preliminary course was less than three years and where the ordinary duration of the preliminary course (or preliminary courses in total) was three years or more, the ordinary duration minus 1;

(e) R is the number of repeated academic years on the present course starting on or after 1 September 2006 that are repeats of preceding academic years that the eligible student was unable to complete successfully because of compelling personal reasons;

(f) PrC is the number of academic years that the student spent on the preliminary course excluding any years of repeat study for compelling personal reasons;

(g) “teacher training student” (“myfyriwr ar gwrs hyfforddi athrawon”) means a student who is not a qualified teacher attending a course for the initial training of teachers where the duration of the course does not exceed 2 years and where the course is a full-time course.

(14) In calculating the number of years for the purpose of this regulation, attendance for part of an academic year is treated as a whole academic year.

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

(16) The Welsh Ministers may confer eligibility to a new fee grant, fee loan or a grant for living costs otherwise than in accordance with paragraphs (8) to (13).

(17) For the purposes of this regulation and subject to the exceptions in paragraphs (19), (20) and (21) a “previous course” is any full-time higher education course or any part-time course for the initial training of teachers which the student began to attend or, in the case of a compressed degree course or a designated distance learning course, undertake before the present course and which meets one or both of the conditions in paragraph (18).

(18) The conditions referred to in paragraph (17) are—

(a) the course is provided by an institution in the United Kingdom which was a recognised educational institution for some or all of the academic years during which the student took the course; or

(b) any scholarship, exhibition, bursary, grant, allowance or award of any description which was paid in respect of the student’s attending or, in the case of a compressed degree course or a designated distance learning course, undertaking the course to defray fees was from public funds or funds attributable to public funds.

(19) A course which would otherwise be a previous course will not be treated as such if—

(a) the present course is a course for the initial training of teachers;

(b) the duration of the present course does not exceed two years where the present course is a full-time course; and

(c) the student is not a qualified teacher.

(20) A course for the Certificate in Education which would otherwise be a previous course will not be treated as such if—

(a) the present course is a course for the degree (including an honours degree) of Bachelor of Education;

(b) the student transferred to the present course from the course for the Certificate in Education before the completion of that course or began the present course on completion of the course for the Certificate in Education.

(21) A course for the degree (other than an honours degree) of Bachelor of Education will not be treated as a previous course if—

(a) the present course is a course for the honours degree of Bachelor of Education;

(b) the student transferred to the present course from the course for the degree (other than an honours degree) of Bachelor of Education before the completion of that course or began the present course on completion of the course for the degree (other than an honours degree) of Bachelor of Education.

(22) This paragraph applies where the Welsh Ministers determine that the following conditions are satisfied in relation to an eligible student—

(a) the eligible student has provided all information required by the Welsh Ministers in relation to a previous course attended or undertaken by the student and any qualifications which are held by the student;

(b) that information is accurate; and

(c) the Welsh Ministers have incorrectly provided notification of the eligible student’s period of eligibility under this regulation.

Previous study

7.—(1) Subject to paragraphs (3), (4), (6) and (7) an eligible student who has attained an honours degree from an institution in the United Kingdom does not qualify for a new fee grant or a fee loan.

(2) Subject to paragraphs (4), (5) and (7) an eligible student (“A” in this paragraph) who starts A’s designated course on or after 1 September 2006 does not qualify for a loan for living costs if A has attained an honours degree from an institution in the United Kingdom.

(3) Paragraph (1) does not apply to an eligible student attending a designated course where—

(a) the course is a course for the initial training of teachers;

(b) the duration of the course does not exceed two years where the course is a full-time course; and

(c) the eligible student is not a qualified teacher.

(4) Where the present course is considered to be a single course because of regulations 5(6) and 5(7) and it leads to an honours degree from an institution in the United Kingdom being conferred on the eligible student before the final degree or equivalent qualifications, the eligible student is not prevented from qualifying for support under these Regulations by virtue of paragraph (1) or (2) in respect of any part of the single course by virtue of having that honours degree.

(5) Paragraph (2) does not apply where—

(a) the present course leads to qualification as a social worker, medical doctor, dentist, veterinary surgeon or architect;

(b) the eligible student is to receive any payment under a—

(i) healthcare bursary the amount of which is calculated by reference to the student’s income; or

(ii) Scottish healthcare allowance the amount of which is calculated by reference to the student’s income in respect of any academic year of the present course; or

(c) the present course is a course for the initial training of teachers which is a full-time course.

(6) Paragraph (1) does not apply to an eligible student attending a designated course which is an accelerated graduate entry course.

(7) Paragraphs (1) and (2) do not apply where the Welsh Ministers determine that the following conditions are satisfied in relation to an eligible student—

(a) the eligible student has provided all information required by the Welsh Ministers relating to an honours degree previously attained by the student from an institution in the United Kingdom;

(b) that information is accurate; and

(c) the Welsh Ministers have incorrectly provided notification that the eligible student qualifies for a fee grant, new fee grant, fee loan or a loan for living costs in accordance with these Regulations.

(8) Where paragraph (7) applies an eligible student may qualify for a new fee grant, fee loan or a loan for living costs in accordance with paragraphs (9) to (11).

(9) Subject to paragraph (11), if the Welsh Ministers make the determination under paragraph (7) before the first day of the first academic year of the present course then the eligible student may qualify for a new fee grant, fee loan or a loan for living costs in respect of the first academic year of the present course.

(10) Subject to paragraph (11), if the Welsh Ministers make the determination under paragraph (7) on or after the first day of the first academic year of the present course then the eligible student may qualify for a new fee grant, fee loan or a loan for living costs in respect of—

(a) the academic year of the present course during which the Welsh Ministers make the determination; and

(b) an academic year of the present course which the student has completed prior to the Welsh Ministers making the determination.

(11) An eligible student subject to a determination under paragraph (7) may qualify for a new fee grant, fee loan or a loan for living costs otherwise than in accordance with paragraphs (9) and (10), where the Welsh Ministers consider this to be appropriate as a result of the exceptional circumstances of a particular case.

Transfer of status

8.—(1) Where an eligible student transfers from a designated course to another designated course, the Welsh Ministers must transfer the student’s status as an eligible student to that other course where—

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

(b) they are satisfied that one or more of the grounds of transfer in paragraph (2) applies; and

(c) the period of eligibility has not terminated.

(2) The grounds of transfer are—

(a) on the recommendation of the academic authority the eligible student ceases one designated course and starts to—

(i) attend another designated course at the same institution;

(ii) undertake another compressed degree course at the same institution; or

(iii) undertake a compressed degree course at the same institution;

(b) the eligible student starts to—

(i) attend a designated course at another institution; or

(ii) undertake a compressed degree course at another institution;

(c) after commencing a course for the Certificate in Education, the eligible student is, on or before the completion of that course, admitted to a designated course for the degree (including an honours degree) of Bachelor of Education either at the same institution or at another institution;

(d) after commencing a course for the degree (other than an honours degree) of Bachelor of Education, the eligible student is, on or before completion of that course, admitted to a designated course for the honours degree of Bachelor of Education either at the same institution or at another institution; or

(e) after commencing a course for a first degree (other than an honours degree) the eligible student is, before the completion of that course, admitted to a designated course for an honours degree in the same subject at the institution.

(3) Subject to paragraph (4), an eligible student who transfers under paragraph (1) is entitled to receive in connection with the academic year of the course to which the student transfers the remainder of the support assessed by the Welsh Ministers under these Regulations in respect of the academic year of the course from which the student transfers.

(4) The Welsh Ministers may re-assess the amount of support payable under these Regulations after the transfer.

(5) An eligible student who transfers under paragraph (1) after the Welsh Ministers have assessed the eligible student’s support in connection with the academic year of the course from which the eligible student is transferring but before the eligible student completes that year may not, in connection with the academic year of the course to which the eligible student transfers, apply for another grant or loan of a kind that the eligible student has already applied for under these Regulations in connection with the academic year of the course from which the eligible student is transferring unless otherwise provided.

PART 3 APPLYING FOR SUPPORT AND PROVISION OF INFORMATION

Applications for support

9.—(1) A person must apply for support in connection with each academic year of a designated course by completing and submitting to the Welsh Ministers an application in such form and accompanied by such documentation as the Welsh Ministers may require.

(2) The Welsh Ministers may take such steps and make such inquiries as they consider necessary to determine whether the applicant is an eligible student, whether the applicant qualifies for support under these Regulations and the amount of support payable, if any.

(3) The Welsh Ministers must notify the applicant of whether or not the applicant qualifies for support under these Regulations and, if the applicant does qualify, the amount of support payable in respect of the academic year, if any.

Time limits

10.—(1) Subject to paragraph (2), the application must reach the Welsh Ministers no later than the end of the ninth month of the academic year in respect of which it is submitted.

(2) Paragraph (1) does not apply where—

(a) one of the events listed in regulation 15 occurs after the first day of the academic year in respect of which the applicant is applying for support under these Regulations, in which case the application must reach the Welsh Ministers within a period of nine months beginning with the day on which the relevant event occurs;

(b) the applicant is making a separate application for a fee loan under regulation 18 or a new fee loan under regulation 19 or a loan for living costs under regulation 41 or a college fee loan under Schedule 4 or is applying for an additional amount of fee loan under regulation 18(4), an additional amount of new fee loan under regulation 19(7), an additional amount of fee loan under regulation 20(7) or an additional amount of loan for living costs under regulation 53(3) or an additional amount of college fee loan under paragraph 10(2) of Schedule 4 in which case the application must reach the Welsh Ministers not later than one month before the end of the academic year to which the application relates;

(c) the applicant is applying to borrow an additional amount of loan for living costs under regulation 53(1), in which case the application must reach the Welsh Ministers not later than one month before the end of the academic year to which the application relates or within a period of one month beginning with the day on which the applicant receives notice of the increased maximum amount, whichever is the later;

(d) the applicant is applying for a grant under regulation 24, in which case the application must reach the Welsh Ministers as soon as is reasonably practicable;

(e) the applicant is making a separate application for a new private institution fee loan or an accelerated graduate entry fee loan, or an additional amount of a new private institution fee loan under regulation 21(7), or an additional amount of an accelerated graduate entry fee loan under regulation 22(6), in which case the application must reach the Welsh Ministers not later than one month before the end of the academic year to which the application relates;

(f) the Welsh Ministers consider that having regard to the circumstances of the particular case the time limit should be relaxed, in which case the application must reach the Welsh Ministers not later than such date as they specify in writing.

Information

11.  Schedule 3 applies in respect of the provision of information by an applicant and an eligible student.

Requirement to enter into a contract for a loan

12.—(1) To receive a loan under these Regulations an eligible student must enter into a contract with the Welsh Ministers on terms to be decided by the Welsh Ministers.

(2) The Welsh Ministers may require an eligible student to sign a contract by means of an electronic signature in such form as the Welsh Ministers may specify.

PART 4 GRANTS AND LOANS FOR FEES

CHAPTER 1 GENERAL 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(47) 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(48).

(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 2 FEE GRANT

New fee grant

16.—(1) Subject to paragraph (2), an 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 body listed in regulation 5(1)(e).

(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 Northern Ireland; or

(c) an Erasmus year of a course provided by an institution in England, Scotland 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 paragraphs (7), (8), (9) or (10) applies is the lesser of—

(a) £4,954; or

(b) the amount by which the fees payable by the applicant exceed £4,046.

(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 paragraph (7) or (8) applies is the lesser of—

(a) £2,560; or

(b) the amount by which the fees payable by the applicant exceed £1,940.

(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 (9) 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 (10) 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 where—

(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 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.

(8) 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.

(9) 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.

(10) 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, Scotland or Wales which began on or after 1 September 2012.

(11) For the purpose of this regulation a course is to be treated as being provided by or on behalf of a recognised educational institution where—

(a) an institution was a recognised educational institution on the first day of the first academic year of a course;

(b) that institution has ceased to be a recognised educational institution; and

(c) the Welsh Ministers have designated that course under regulation 5(8).

CHAPTER 3 FEE LOANS

General qualifying conditions for fee loans

17.—(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 that year is—

(a) a bursary year;

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

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

(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: eligible student who is a 2010 cohort student or a 2011 cohort student

18.—(1) An eligible student qualifies in accordance with this regulation for a loan in respect of the fees payable by the eligible student in respect of, or otherwise in connection with the 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(7) applies, £1,725; and

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

(3) Where an 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) £4,030 or, where one of the circumstances in regulation 16(7) applies, £2,005; and

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

(4) Where an eligible student has applied for a fee loan of less than the maximum amount available in relation to an academic year, the 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 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 an eligible student who is a 2012 cohort student.

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

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

19.—(1) An 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 body listed in regulation 5(1)(e).

(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 Northern Ireland; or

(c) an Erasmus year of a course provided by an institution in England, Scotland 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(7), 16(8), 16(9) or 16(10) applies is the lesser of—

(a) £4,046; 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(7) or 16(8) applies is the lesser of—

(a) £1,940; 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 16(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.

(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 16(10) 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.

(9) For the purpose of this regulation a course is to be treated as being provided by or on behalf of a recognised educational institution where—

(a) an institution was a recognised educational institution on the first day of the first academic year of that course;

(b) that institution has ceased to be a recognised educational institution; and

(c) the Welsh Ministers have designated that course under regulation 5(8).

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

20.—(1) An eligible student who is a 2012 cohort student qualifies in accordance with this regulation for an additional fee loan in respect of, or otherwise in connection with, the 2012 cohort student’s attendance on a designated course provided by a body listed in regulation 5(1)(e).

(2) An additional fee loan is available in respect of a designated course where the fees payable by the student in respect of or otherwise in connection with that year exceed the amount specified in paragraph (3) (b), (4)(b), (5)(b) or (6)(b) as the case may be.

(3) The maximum amount of additional 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 regulation 16(7), 16(8), 16(9) or 16(10) apply is the lesser of—

(a) £250; and

(b) the amount by which the fees payable by the student exceed £9,000.

(4) The maximum amount of additional 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(7) or 16(8) applies is the lesser of—

(a) £125; and

(b) the amount by which the fees payable by the student exceed £4,500.

(5) The maximum amount of additional 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(9) applies is the lesser of—

(a) £50; and

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

(6) The maximum amount of additional 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(10) applies is the lesser of—

(a) £35; and

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

(7) Where a 2012 cohort student has applied for an additional 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.

(9) For the purpose of this regulation a course is to be treated as being provided by or on behalf of a recognised educational institution where—

(a) an institution was a recognised educational institution on the first day of the first academic year of that course;

(b) that institution has ceased to be a recognised educational institution; and

(c) the Welsh Ministers have designated that course under regulation 5(8).

New private institution fee loan

21.—(1) An 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 Northern Ireland; or

(c) an Erasmus year of a course provided by an institution in England, Scotland 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 regulation 16(7), 16(8), 16(9) or 16(10) applies is the lesser of—

(a) £6,165; 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(7) or 16(8) applies is the lesser of—

(a) £3,080; 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 16(9) applies is the lesser of—

(a) £1,230; 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 16(10) applies is the lesser of—

(a) £920; and

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

(7) Where an 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 eligible student may apply to borrow an additional amount which, when added to the amount already applied for, does not exceed that maximum.

(8) A new private institution fee loan is not available in respect of an eligible student’s attendance on a course where that course is provided on behalf of a recognised educational institution by a body in regulation 5(1)(e)(ii) or (iii).

Accelerated graduate entry fee loan

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

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

(3) An additional accelerated graduate entry fee loan is only available in respect of a designated course which is an accelerated graduate entry course where the fees payable by the student in respect of, or otherwise in connection with, that year exceed £5,535.

(4) 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.

(5) The amount of an additional 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) £250; or

(b) the amount by which the fees payable by the student exceed £5,535.

(6) Where a 2012 accelerated graduate entry student has applied for an accelerated graduate entry fee loan or an additional 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.

PART 5 GRANTS FOR LIVING COSTS

General qualifying conditions for grants for living costs

23.—(1) An eligible student qualifies for a grant under this Part provided that—

(a) the eligible student is not excluded from qualification by any of the following paragraphs, regulation 6 or regulation 7; and

(b) the eligible student satisfies the qualifying conditions for the particular grant for which the eligible student is applying.

(2) An eligible student does not qualify for a grant under this Part if the only paragraph in Part 2 of Schedule 1 into which the eligible student falls is paragraph 9.

(3) An eligible student does not qualify for a grant under this Part in respect of an academic year which is a bursary year.

(4) Subject to paragraph (5), a 2012 accelerated graduate entry student does not qualify for a grant under this Part.

(5) Paragraph (4) does not apply for the purposes of regulations 24 to 30, to a 2012 accelerated graduate entry student who is undertaking their first year of study on an accelerated graduate entry course.

(6) An eligible student does not qualify for a grant under this Part in respect of any academic year of a sandwich course where the periods of full-time study are in aggregate less than 10 weeks unless the periods of work experience constitute unpaid service.

(7) For the purposes of paragraph (6), “unpaid service” (“gwasanaeth di-dâl”) means—

(a) unpaid service in a hospital or in a public health service laboratory or with a primary care trust in the United Kingdom;

(b) unpaid service with a local authority in the United Kingdom acting in the exercise of their functions relating to the care of children and young persons, health or welfare or with a voluntary organisation providing facilities or carrying out activities of a like nature in the United Kingdom;

(c) unpaid service in the prison or probation and aftercare service in the United Kingdom;

(d) unpaid research in an institution in the United Kingdom or, in the case of an eligible student attending an overseas institution as part of the eligible student’s course, in an overseas institution; or

(e) unpaid service with—

(i) a Special Health Authority established pursuant to section 28 of the National Health Service Act 2006(49);

(ii) a Local Health Board established pursuant to section 11 of the National Health Service (Wales) Act 2006 or a Special Health Authority established pursuant to section 22 of that Act(50);

(iii) a Health Board or a Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978(51);

(iv) the Regional Health and Social Care Board or the Regional Agency for Public Health and Social Well-being established under sections 7 and 12 of the Health and Social Care (Reform) Act (Northern Ireland) 2009(52);

(v) the National Health Service Commissioning Board established under section 1H of the National Health Service Act 2006 or a Clinical Commissioning Group established under section 1I of that Act(53); or

(vi) the National Institute for Health and Care Excellence established under section 232 of the Health and Social Care Act 2012 or the Health and Social Care Information Centre established under section 252 of that Act(54).

(8) Subject to paragraph (9), an eligible student does not qualify for a grant under regulations 35 to 40 in respect of an academic year of a designated course if the student does not qualify for relevant support in respect of that academic year.

(9) Paragraph (8) does not apply if the reason that the student does not qualify for relevant support in respect of an academic year of a designated course is because that academic year is an Erasmus year in accordance with regulation 17(2).

(10) In paragraph (8) “relevant support” (“cymorth perthnasol”) means, in the case of a grant under regulations 35 to 40, a fee loan.

(11) Where one of the events listed in paragraph (12) occurs in the course of an academic year, a student may qualify for a particular grant in accordance with this Part in respect of part of that academic year but that student does not qualify for a grant in respect of any academic year beginning before the academic year in which the relevant event occurred.

(12) The events are—

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

(b) the student, 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) the state of which the student is a national accedes to the European Union where the student has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the first academic year of the course;

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

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

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

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

(13) Subject to paragraph (14), an eligible student does not qualify for a grant under this Part if the eligible student is a prisoner.

(14) Paragraph (13) does not apply in respect of a grant for disabled students’ living costs which is payable in connection with a designated course beginning before 1 September 2012.

(15) A student to whom this paragraph applies is treated as being in attendance on the designated course for the purpose of qualifying for the following grants—

(a) grants for dependants;

(b) grant for disabled students’ living costs;

(c) maintenance grant or special support grant;

(d) higher education grant.

(16) Paragraph (15) 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; and

(c) an eligible student on a period of study or a period of work placement in an Erasmus year.

(17) An eligible student who is undertaking a distance learning course does not qualify for any grant under this Part other than (where appropriate) a grant for disabled students’ living costs pursuant to regulation 24.

Grants for disabled students’ living costs

24.—(1) An eligible student qualifies in accordance with this regulation for a grant for disabled students’ living costs to assist with the additional expenditure which the Welsh Ministers are satisfied the eligible student is obliged to incur by reason of a disability to which the student is subject in connection with the eligible student’s attendance on, or undertaking of a designated course.

(2) Subject to the following paragraphs, the amount of grant for disabled students’ living costs under this regulation is the amount that the Welsh Ministers consider appropriate in accordance with the eligible student’s circumstances.

(3) The amount of the grant for disabled students’ living costs must not exceed—

(a) £21,181 in respect of an academic year for expenditure on a non-medical personal helper;

(b) £5,332 in respect of all the academic years during the period of eligibility for expenditure on major items of specialist equipment;

(c) the additional expenditure incurred—

(i) within the United Kingdom for the purpose of attending the institution;

(ii) within or outside the United Kingdom for the purpose of attending, as a part of the eligible student’s course, any period of study at an overseas institution or for the purpose of attending the Institute; and

(d) £1,785 in respect of an academic year for any other expenditure including expenditure incurred for the purposes referred to in sub-paragraph (a) or (b) which exceeds the maxima specified in those paragraphs.

(4) An eligible student does not qualify for a grant for disabled students’ living costs under this regulation in respect of a distance learning course unless the Welsh Ministers consider that the student is undertaking the course in Wales on the first day of the first academic year.

(5) An eligible student who is undertaking a distance learning course will no longer qualify for a grant for disabled students’ living costs under this regulation in respect of that course if the Welsh Ministers consider that the student is undertaking the course outside the United Kingdom.

(6) Subject to paragraphs (7) and (8), a grant for disabled students’ living costs is payable to an eligible student in respect of the four quarters of the academic year.

(7) Where a grant for disabled students’ living costs is used for expenditure on major items of specialist equipment (within the meaning of paragraph (3)(b)) it may be payable in respect of the whole academic year.

(8) Where one of the events listed in regulation 23(12) occurs in the course of an academic year, an eligible student may only qualify for a grant for disabled students’ living costs for the purposes specified in paragraph (3)(a), (c) and (d) in respect of such quarters as begin after the relevant event occurs.

Grants for dependants - general

25.—(1) The grants for dependants consist of the following elements—

(a) adult dependants’ grant;

(b) childcare grant;

(c) parents’ learning allowance.

(2) The qualifying conditions for each element and the amounts payable are set out in regulations 26 to 29.

(3) A deduction may be made from any element of the grants for dependants in accordance with regulation 56.

Grants for dependants - adult dependants’ grant

26.—(1) An eligible student qualifies for an adult dependants’ grant in connection with the eligible student’s attendance on a designated course in accordance with this regulation.

(2) The adult dependants’ grant is available in respect of one dependant of an eligible student who is either—

(a) the eligible student’s partner; or

(b) an adult dependant of the eligible student whose net income for the relevant year does not exceed £3,923.

(3) The amount of adult dependants’ grant payable in respect of an academic year is calculated in accordance with regulation 29, the basic amount being—

(a) £2,732; or

(b) where the person in respect of whom the eligible student is applying for adult dependants’ grant is ordinarily resident outside the United Kingdom, such amount not exceeding £2,732 as the Welsh Ministers consider reasonable in the circumstances.

Grants for dependants - childcare grant

27.—(1) An eligible student qualifies, in connection with the eligible student’s attendance on a designated course, for a childcare grant in accordance with this regulation.

(2) Subject to paragraphs (3), (5) and (6), the childcare grant is available in respect of an academic year in which the eligible student incurs prescribed childcare charges for—

(a) a dependent child who is under the age of 15 immediately before the beginning of the academic year, including a dependent child who is born after the beginning of the academic year; or

(b) a dependent child who has special educational needs within the meaning of section 312 of the Education Act 1996(55) and is under the age of 17 immediately before the beginning of the academic year, including a dependent child who is born after the beginning of the academic year.

(3) An eligible student does not qualify for a grant under this regulation if—

(a) the eligible student or the eligible student’s partner has elected to receive the childcare element of the working tax credit under Part I of the Tax Credits Act 2002(56);

(b) the eligible student or the eligible student’s partner is entitled to an award of universal credit which includes an amount under regulation 31 of the Universal Credit Regulations 2013 (childcare costs element)(57); or

(c) the eligible student’s partner has elected to receive financial support for childcare under a healthcare bursary.

(4) In these Regulations, “entitlement period” and “valid declaration of eligibility” have the same meaning as they have for the purposes of the Childcare Payments Act 2014(58)and regulations made under that Act.

(5) An eligible student does not qualify for a grant under this regulation during any entitlement period for which an eligible student or an eligible student’s partner has made a valid declaration of eligibility under the Childcare Payments Act 2014 in relation to any child.

(6) An eligible student does not qualify for a grant under this regulation if the prescribed childcare charges that the eligible student incurs are paid or to be paid by the student to the eligible student’s partner.

(7) Subject to paragraphs (8), (9) and (10) the basic amount of childcare grant for each week is—

(a) for one dependent child, 85 per cent of the prescribed childcare charges, subject to a maximum amount of £161.50 per week; or

(b) for two or more dependent children, 85 per cent of the prescribed childcare charges, subject to a maximum amount of £ 274.55 per week,

except that the eligible student does not qualify for any such grant in respect of each week falling within the period between the end of the course and the end of the academic year in which the course ends.

(8) For the purposes of calculating the basic amount of childcare grant—

(a) a week runs from Monday to Sunday; and

(b) where a week in respect of which prescribed childcare charges are incurred falls partly within and partly outside the academic year in respect of which childcare grant is payable under this regulation, the maximum weekly amount of grant is calculated by multiplying the relevant maximum weekly amount in paragraph (7) by the number of days of that week falling within the academic year and dividing the product by seven.

(9) Where an eligible student’s application for a childcare grant does not identify a childcare provider, the Welsh Ministers may—

(a) limit the amount of childcare grant paid to the student to 85 per cent of the prescribed childcare charges up to a maximum amount of £115 per week; and

(b) limit the payment of the childcare grant to one quarter of the academic year.

(10) Subject to paragraph (11), a childcare grant is payable to an eligible student in respect of the four quarters of the academic year.

(11) Where one of the events listed in regulation 23(12) occurs in the course of an academic year, an eligible student may only qualify for a childcare grant in respect of such quarters as begin after the relevant event occurs.

Grants for dependants - parents’ learning allowance

28.—(1) An eligible student qualifies in connection with the student’s attendance on a designated course for the parents’ learning allowance if the student has one or more dependants who are dependent children.

(2) The amount of parents’ learning allowance payable in respect of an academic year is calculated in accordance with regulation 29, the basic amount being £1,557.

Grants for dependants - calculations

29.—(1) Subject to the following paragraphs, the amount payable in respect of a particular element of the grants for dependants for which the eligible student qualifies under regulations 26 to 28 is the amount of that element remaining after applying, until it is extinguished, an amount equal to as follows and in the following order—

(a) to reduce the basic amount of the adult dependants’ grant where the eligible student qualifies for that element under regulation 26;

(b) to reduce the basic amount of the childcare grant for the academic year where the eligible student qualifies for that element under regulation 27; and

(c) to reduce the basic amount of the parents’ learning allowance where the eligible student qualifies for that element under regulation 28.

(2) In this regulation and subject to paragraph (11)—

A is the aggregate of—

(a) the residual income of the eligible student’s partner for the prior financial year;

(b) the residual income of the eligible student’s adult dependant for the prior financial year; and

(c) subject to paragraphs (3), (4) and (5), the net income of the eligible student’s dependent children for the prior financial year; and

B is—

(a) £1,159 where the eligible student has no dependent child;

(b) £3,473 where the eligible student is not a lone parent and has one dependent child;

(c) £4,632 where the eligible student—

(i) is not a lone parent and has more than one dependent child; or

(ii) is a lone parent and has one dependent child; and

(d) £5,797 where the eligible student is a lone parent and has more than one dependent child.

(3) Where the Welsh Ministers are satisfied that the net income of the eligible student’s dependent children in the financial year beginning immediately before the relevant year (“the current financial year”) is likely to be not more than 85 per cent of the sterling value of their net income in the prior financial year the Welsh Ministers may, for the purpose of enabling the eligible student to attend the course without hardship, ascertain the dependent children’s net income for the current financial year.

(4) In the event that paragraph (3) or this paragraph is applied in respect of the previous academic year of the present course and the Welsh Ministers are satisfied that the net income of the eligible student’s dependent children in the financial year beginning immediately before the relevant year (“the current financial year”) is likely to be not more than 85 per cent of the sterling value of their net income in the previous financial year the Welsh Ministers may, for the purposes of enabling the eligible student to attend the course without hardship, ascertain the dependent children’s net income for the current financial year.

(5) In an academic year immediately following one in which the Welsh Ministers have ascertained the eligible student’s dependent children’s net income for the current financial year under paragraph (3), or where applicable under paragraph (4), the Welsh Ministers must ascertain the dependent children’s net income in the preceding financial year.

(6) Subject to paragraphs (8), (9) and (16), where B is greater than or equal to A, the basic amount of each element of the grants for dependants for which the eligible student qualifies is payable.

(7) Where is equal to or exceeds the aggregate of the basic amounts of the elements of the grants for dependants for which the eligible student qualifies, the amount payable in respect of each element is nil.

(8) The amount of the adult dependants’ grant calculated under paragraph (1) in respect of an adult dependant is reduced by one half where—

(a) the eligible student’s partner—

(i) is an eligible student; or

(ii) holds a statutory award; and

(b) account is taken of that partner’s dependants in calculating the amount of support for which that partner qualifies or the payment to which that partner is entitled under the statutory award.

(9) The amount of the childcare grant calculated under paragraph (1) is reduced by one half where—

(a) the eligible student’s partner—

(i) is an eligible student; or

(ii) holds a statutory award; and

(b) account is taken of that partner’s dependants in calculating the amount of support for which that partner qualifies or the payment to which that partner is entitled under the statutory award.

(10) Where the amount of the parents’ learning allowance calculated under paragraph (1) is £0.01 or more but less than £50, the amount of parents’ learning allowance payable is £50.

(11) Paragraphs (12) to (15) apply where, in the course of the academic year, any of the following occurs—

(a) there is a change in the number of the eligible student’s dependants;

(b) a person becomes or ceases to be a dependant of the eligible student;

(c) the eligible student becomes or ceases to be a lone parent;

(d) a student becomes an eligible student as a result of an event referred to in regulation 23(12).

(12) For the purposes of determining the respective values of A and B and whether adult dependants’ grant or parents’ learning allowance is payable, the Welsh Ministers must determine the following in relation to each relevant quarter by reference to the eligible student’s circumstances in the relevant quarter—

(a) how many dependants the eligible student is to be treated as having;

(b) who those dependants are;

(c) whether the student is to be treated as a lone parent.

(13) The amount of grants for dependants for the academic year is the aggregate of the amounts of adult dependants’ grant and parents’ learning allowance calculated in respect of each relevant quarter under paragraph (14) and the amount of any childcare grant for the academic year.

(14) The amount of adult dependants’ grant and parents’ learning allowance in respect of a relevant quarter is one third of what that grant or allowance would be for the academic year if the student’s circumstances in the relevant quarter as determined under paragraph (12) applied for the duration of the academic year.

(15) In this regulation, a “relevant quarter” (“chwarter perthnasol”) means—

(a) in the case of an eligible student referred to in paragraph (11)(d), a quarter which begins after the relevant event occurs other than a quarter during which, in the opinion of the Welsh Ministers, the longest of any vacation occurs;

(b) otherwise, a quarter other than the one quarter during which, in the opinion of the Welsh Ministers, the longest of any vacation occurs.

(16) A deduction may be made in accordance with Part 9 from the amount payable in respect of a particular element of the grants for dependants calculated under this Part.

Grants for dependants - interpretation

30.—(1) In regulations 26 to 29—

(a) subject to paragraph (5), “adult dependant” (“dibynnydd mewn oed”) means, in relation to an eligible student, an adult person dependent on the eligible student other than the eligible student’s child, the eligible student’s partner (including a spouse or civil partner from whom the Welsh Ministers consider the eligible student is separated) or the eligible student’s former partner;

(b) “child” (“plentyn”) in relation to an eligible student includes any child of the eligible student’s partner who is dependent on the eligible student and any child for whom the eligible student has parental responsibility who is dependent on the eligible student;

(c) “dependant” (“dibynnydd”) means, in relation to an eligible student, the eligible student’s partner, the eligible student’s dependent child or an adult dependant, who in each case is not an eligible student and does not hold a statutory award;

(d) “dependent” (“dibynnol”) means wholly or mainly financially dependent;

(e) “dependent child” (“plentyn dibynnol”) means, in relation to an eligible student, a child dependent on the eligible student;

(f) “financial year” (“blwyddyn ariannol”) means the period of twelve months in respect of which the income of a dependant (whose income is calculated under regulations 26 to 29) is computed for the purposes of the income tax legislation which applies to it;

(g) “lone parent” (“rhiant unigol”) means an eligible student who does not have a partner and who has a dependent child;

(h) “Member State” (“Aelod-wladwriaeth”) means a Member State of the European Union;

(i) “net income” (“incwm net”) has the meaning given in paragraph (7);

(j) subject to sub-paragraphs (p), (q), (r) and paragraphs (3) and (4), “partner” (“partner”) means any of the following—

(i) the spouse of an eligible student;

(ii) the civil partner of an eligible student;

(iii) a person ordinarily living with an eligible student as if the person were the eligible student’s spouse where an eligible student falls within paragraph 2(1)(a) of Schedule 5 and began the designated course on or after 1 September 2000;

(iv) a person ordinarily living with an eligible student as if the person were the eligible student’s civil partner where an eligible student falls within paragraph 2(1)(a) of Schedule 5 and began the designated course on or after 1 September 2005;

(k) “preceding financial year” (“blwyddyn ariannol flaenorol”) means the financial year immediately preceding the relevant year;

(l) “prior financial year” (“blwyddyn ariannol gynharach”) means the financial year immediately preceding the preceding financial year;

(m) “relevant year” (“blwyddyn berthnasol”) means the academic year of the present course in respect of which the eligible student’s dependant’s income falls to be assessed;

(n) “residual income” (“incwm gweddilliol”) means taxable income after the application of paragraph (10) (in the case of an eligible student’s partner) or paragraph (11) (in the case of an eligible student’s adult dependant);

(o) “taxable income” (“incwm trethadwy”) means, in respect of the prior financial year—

(i) the total income on which a person is charged to income tax as determined at Step 1 of the calculation in section 23 of the Income Tax Act 2007(59), together with any payments and other benefits mentioned in section 401(1) of the Income Tax (Earnings and Pensions) Act 2003(60) (ignoring section 401(2) of that Act), received or treated as received by a person, to the extent that they are not a component of the total income on which a person is charged to income tax;

(ii) a person’s total income from all sources as determined for the purposes of the income tax legislation of another Member State which applies to the person’s income; or

(iii) where the legislation of more than one Member State applies to the period, a person’s total income from all sources as determined for the purposes of the income tax legislation under which the Welsh Ministers consider that a person’s total income in that period is greatest,

except that no account is taken of the income referred to in paragraph (2) which is paid to another party—

(a) unless otherwise indicated, a person who would otherwise be a partner under sub-paragraph (j) is not treated as a partner if—

(i) in the opinion of the Welsh Ministers, that person and the eligible student are separated; or

(ii) the person is ordinarily living outside the United Kingdom and is not maintained by the eligible student;

(b) for the purposes of the definition of “adult dependant” (“dibynnydd mewn oed”), a person is to be treated as a partner if the person would be a partner under sub-paragraph (j) but for the fact that the eligible student with whom the person is ordinarily living does not fall within paragraph 2(1)(a) of Schedule 5;

(c) for the purposes of the definitions of “child” (“plentyn”) and “lone parent” (“rhiant unigol”), a person is to be treated as a partner if the person would be a partner under sub-paragraph (j) but for the date on which the eligible student began the specified designated course or the fact that the eligible student with whom the person is ordinarily living does not fall within paragraph 2(1)(a) of Schedule 5.

(2) The income referred to in this paragraph is any benefits under a pension arrangement pursuant to an order made under section 23 of the Matrimonial Causes Act 1973(61) which includes provision made by virtue of sections 25B(4) and 25E(3) of that Act or pension benefits under Part 1 of Schedule 5 to the Civil Partnership Act 2004(62) which includes provision made by virtue of Parts 6 and 7 of that Schedule.

(3) For the purposes of regulation 28—

(a) paragraph (1)(p) does not apply; and

(b) a person is to be treated as a partner if the person would be a partner under paragraph (1)(j) but for the fact that the eligible student with whom the person is ordinarily living does not fall within paragraph 2(1)(a) of Schedule 5.

(4) For the purposes of determining whether a person is the former partner of an eligible student’s partner, “partner” (“partner”) in relation to an eligible student’s partner means—

(a) the spouse of an eligible student’s partner;

(b) the civil partner of an eligible student’s partner:

(c) where the eligible student began the specified designated course on or after 1 September 2000, a person (“A”) ordinarily living with an eligible student’s partner (“B”) as if A were B’s spouse;

(d) where the eligible student began the specified designated course on or after 1 September 2005, a person (“A”) ordinarily living with an eligible student’s partner (“B”) as if A were B’s civil partner.

(5) Subject to paragraph (6), for the purposes of the definitions of “adult dependant” (“dibynnydd mewn oed”) and “dependent child” (“plentyn dibynnol”), the Welsh Ministers may treat an adult person or child as dependent on an eligible student if they are satisfied that the adult person or child—

(a) is not dependent on only—

(i) the eligible student; or

(ii) the eligible student’s partner; but

(b) is dependent on the eligible student and the eligible student’s partner together.

(6) The Welsh Ministers must not treat an adult person (“A”) as dependent on an eligible student in accordance with paragraph (5), if A is—

(a) the spouse or civil partner of the eligible student’s partner (including a spouse or civil partner from whom the Welsh Ministers consider the eligible student’s partner is separated); or

(b) the former partner of the eligible student’s partner.

(7) A dependant’s net income is the dependant’s income from all sources (for the relevant year for the purposes of regulation 26(2)(b) and for the prior financial year for the purposes of regulation 29(2)) reduced by the amount of income tax and social security contributions payable in respect of it but disregarding—

(a) any pension, allowance or other benefit paid by reason of a disability or incapacity to which the dependant is subject;

(b) child benefit payable under Part IX of the Social Security Contributions and Benefits Act 1992(63);

(c) any financial support payable to the dependant by a local authority in accordance with regulations made under sections 2, 3 and 4 of the Adoption and Children Act 2002(64);

(d) any guardian’s allowance to which the dependant is entitled under section 77 of the Social Security Contributions and Benefits Act 1992;

(e) in the case of a dependant with whom a child being looked after by a local authority is boarded out, any payment made to that dependant in pursuance of section 23 of the Children Act 1989(65) or section 81 of the Social Services and Well-being (Wales) Act 2014(66);

(f) any payment made to the dependant under section 110(6) of the Social Services and Well-being (Wales) Act 2014 or, as the case may be section 23C(5A) of the Children Act 1989(67);

(g) any payments made to the dependant under section 15 of and Schedule 1 to the Children Act 1989 in respect of a person who is not the dependant’s child or any assistance given by a local authority pursuant to section 24 of that Act(68), or section 104 of the Social Services and Well-being (Wales) Act 2014 in so far as that section applies to category 5 and 6 young persons within the meaning of that Act;

(h) any child tax credit to which the dependant is entitled under Part I of the Tax Credits Act 2002(69); and

(i) in the case of a dependant who is entitled to an award of universal credit—

(i) any amount that is included in the calculation of the award under regulation 27(1) of the Universal Credit Regulations 2013, in respect of the fact that the dependant has limited capability for work or limited capability for work and work related activity; and

(ii) any amount or additional amount that is included in the calculation of the award under regulation 20 of those Regulations (the child element).

(8) Where an eligible student or the eligible student’s partner makes any recurrent payments which were previously made by the eligible student in pursuance of an obligation incurred before the first academic year of the eligible student’s course, the eligible student’s partner’s residual income is reduced by—

(a) an amount equal to the payments in question for the academic year, if in the opinion of the Welsh Ministers, the obligation had been reasonably incurred; or

(b) such lesser amount, if any, as the Welsh Ministers consider appropriate if, in their opinion, a lesser obligation could reasonably have been incurred.

(9) For the purposes of paragraph (7), where the dependant is a dependent child and payments are made to the eligible student towards the dependent child’s maintenance, those payments are to be treated as the dependent child’s income.

(10) An eligible student’s partner’s residual income is determined in accordance with paragraph 6 of Schedule 5.

(11) An eligible student’s adult dependant’s residual income is determined in accordance with paragraph 5 of Schedule 5 (other than sub-paragraphs (8), (9) or (10) of paragraph 5) with references to the parent being construed as references to the eligible student’s adult dependant.

Interpretation of regulations 32 to 34

31.  For the purposes of regulations 32 to 34—

(a) any reference to expenditure incurred for the purpose of attending an institution or period of study or period of overseas work placement in an Erasmus year—

(i) includes expenditure both before and after so attending; and

(ii) does not include any expenditure in respect of which a grant is payable under regulation 24;

(b) “qualifying quarter” (“chwarter cymhwysol”) means a quarter during which the eligible student attends as part of the eligible student’s course an overseas institution, the Institute or overseas work placement in an Erasmus year for at least half the period covered by that quarter.

Qualifying conditions for the grant for travel

32.—(1) A grant is available to an eligible student attending a course in medicine or dentistry (a necessary part of which is a period of study by way of clinical training) in respect of the reasonable expenditure which the eligible student is obliged to incur in an academic year for the purpose of attending in connection with the eligible student’s course any hospital or other premises in the United Kingdom (not comprised in the institution) at which facilities for clinical training are provided other than expenditure incurred for the purpose of residential study away from the institution.

(2) A grant is available to an eligible student in respect of the reasonable expenditure which the eligible student is obliged to incur in each qualifying quarter within or outside the United Kingdom for the purpose of attending as part of the eligible student’s course an overseas institution, the Institute or overseas work placement in an Erasmus year.

(3) Subject to paragraph (4), a grant under this regulation is payable to an eligible student in respect of the four quarters of the academic year.

(4) Where one of the events listed in regulation 23(12) occurs in the course of an academic year, an eligible student may only qualify for a grant under this regulation in respect of such quarters as begin after the relevant event occurs.

Amount of the grant for travel

33.—(1) The amount of grant payable under regulation 32(1) in respect of an academic year is equal to the reasonable expenditure that the Welsh Ministers determine the eligible student is obliged to incur for the purposes set out in that regulation less £303.

(2) The amount of grant payable under regulation 32(2) in respect of an academic year is calculated as follows—

where—

• X is the aggregate of the reasonable travel costs that the eligible student is obliged to incur in each qualifying quarter for the purposes set out in regulation 32.

• Y is the aggregate of the expenditure incurred in each qualifying quarter specified in paragraph (3).

(3) The expenditure specified in paragraph (2) is—

(a) expenditure that the eligible student reasonably incurs in insuring against liability for the cost of medical treatment provided outside the United Kingdom for any illness or personal injury contracted or suffered during the period the eligible student is attending the overseas institution, the Institute or overseas work placement in an Erasmus year (“the placement” in this paragraph);

(b) the cost of a visa or visas that the eligible student is obliged to obtain in order to attend the overseas institution, the Institute or placement; and

(c) medical costs that the eligible student reasonably incurs in order to fulfil a mandatory condition of entry into the territory, country or state in which the overseas institution, the Institute or placement is situated.

Deductions from the grant for travel

34.  A deduction may be made from a grant under regulations 32 and 33 in accordance with Part 9.

Maintenance grant

35.—(1) An eligible student who is a 2010 cohort student or a 2012 cohort student qualifies in accordance with regulation 36 for a maintenance grant for living costs in connection with that eligible student’s attendance on a designated course.

(2) An eligible student who is a 2011 cohort student qualifies in accordance with regulation 37 for a maintenance grant for living costs in connection with that eligible student’s attendance on a designated course.

(3) An eligible student does not qualify for a maintenance grant if that eligible student qualifies for a special support grant.

(4) Subject to paragraph (5), a maintenance grant for living costs is payable to an eligible student in respect of the four quarters of the academic year.

(5) Where one of the events listed in regulation 23(12) occurs in the course of an academic year, an eligible student may only qualify for a maintenance grant for living costs in respect of such quarters as begin after the relevant event occurs.

Maintenance grant –eligible students who are 2010 cohort students or 2012 cohort students

36.—(1) The maximum amount of maintenance grant available to an eligible student who is a 2010 cohort student or a 2012 cohort student in respect of an academic year is £5,161.

(2) An eligible student who is a 2010 cohort student or a 2012 cohort student and who qualifies for a maintenance grant in respect of an academic year receives an amount as follows in respect of that year—

(a) where the household income is £18,370 or less, the eligible student receives £5,161;

(b) where the household income exceeds £18,370 but does not exceed £26,500, the eligible student receives an amount equal to , where M is £5,161 and A is £1 for every £3.653 by which the household income exceeds £18,370;

(c) where the household income exceeds £26,500 but does not exceed £34,000, the eligible student receives an amount equal to , where RM is £2,936 and A is £1 for every £4.18 by which the household income exceeds £26,500;

(d) where the household income exceeds £34,000 but does not exceed £50,020, the eligible student receives an amount equal to , where SM is £1,142 and A is £1 for every £14.67 by which the household income exceeds £34,000;

(e) where the household income is £50,020, the eligible student receives £50; and

(f) where the household income exceeds £50,020, no maintenance grant is payable.

Maintenance grant –eligible students who are 2011 cohort students

37.—(1) The maximum amount of maintenance grant available to an eligible student who is a 2011 cohort student in respect of an academic year is £5,780.

(2) An eligible student who is a 2011 cohort student and who qualifies for a maintenance grant in respect of an academic year receives an amount as follows in respect of that year—

(a) where the household income is £18,370 or less, the eligible student receives £5,780;

(b) where the household income exceeds £18,370 but does not exceed £26,500, the eligible student receives an amount equal to , where M is £5,780 and A is £1 for every £3.653 by which the household income exceeds £18,370;

(c) where the household income exceeds £26,500 but does not exceed £34,000, the eligible student receives an amount equal to , where RM is £3,555 and A is £1 for every £4.18 by which the household income exceeds £26,500;

(d) where the household income exceeds £34,000 but does not exceed £50,020, the eligible student receives an amount equal to , where SM is £1,761 and A is £1 for every £9.36 by which the household income exceeds £34,000;

(e) where the household income is £50,020, the eligible student receives £50;

(f) where the household income exceeds £50,020, no maintenance grant is payable.

Special support grant

38.—(1) An eligible student who is a 2010 cohort student or a 2012 cohort student qualifies in accordance with regulation 39 for a special support grant in connection with that eligible student’s attendance on a designated course to defray the cost of books, equipment, travel or childcare incurred for the purpose of attending that course.

(2) An eligible student who is a 2011 cohort student qualifies in accordance with regulation 40for a special support grant in connection with that student’s attendance on a designated course to defray the cost of books, equipment, travel or childcare incurred for the purpose of attending that course.

(3) An eligible student qualifies for a special support grant if that eligible student—

(a) falls within a prescribed category of person for the purposes of section 124(1)(e) of the Social Security Contributions and Benefits Act 1992(70);

(b) is treated as being liable to make payments in respect of a dwelling prescribed by regulations made under section 130(2) of that Act(71); or

(c) is liable, or treated as being liable to make payments in respect of the accommodation they occupy as their home under regulation 25(3) of the Universal Credit Regulations 2013.

(4) Subject to paragraph (5), a special support grant is payable to an eligible student in respect of the four quarters of the academic year.

(5) Where one of the events listed in regulation 23(12) occurs in the course of an academic year, an eligible student may only qualify for a special support grant in respect of such quarters as begin after the relevant event occurs.

Special support grant –eligible students who are 2010 cohort students or 2012 cohort students

39.—(1) The maximum amount of special support grant available to an eligible student who is a 2010 cohort student or a 2012 cohort student in respect of an academic year is £5,161.

(2) An eligible student who is a 2010 cohort student or a 2012 cohort student who qualifies for a special support grant in respect of an academic year receives an amount as follows in respect of that year—

(a) where the household income is £18,370 or less, the eligible student receives £5,161;

(b) where the household income exceeds £18,370 but does not exceed £26,500, the eligible student receives an amount equal to , where M is £5,161 and A is £1 for every £3.653 by which the household income exceeds £18,370;

(c) where the household income exceeds £26,500 but does not exceed £34,000, the eligible student receives an amount equal to , where RM is £2,936 and A is £1 for every £4.18 by which the household income exceeds £26,500;

(d) where the household income exceeds £34,000 but does not exceed £50,020, the eligible student receives an amount equal to , where SM is £1,142 and A is £1 for every £14.67 by which the household income exceeds £34,000;

(e) where the household income is £50,020, the eligible student receives £50; and

(f) where the household income exceeds £50,020, no special support grant is payable.

Special support grant –eligible students who are 2011 cohort students

40.—(1) The maximum amount of special support grant available to an eligible student who is a 2011 cohort student in respect of an academic year is £5,780.

(2) An eligible student who is a 2011 cohort student who qualifies for a special support grant in respect of an academic year receives an amount as follows in respect of that year—

(a) where the household income is £18,370 or less, the eligible student receives £5,780;

(b) where the household income exceeds £18,370 but does not exceed £26,500, the eligible student receives an amount equal to , where M is £5,780 and A is £1 for every £3.653 by which the household income exceeds £18,370;

(c) where the household income exceeds £26,500 but does not exceed £34,000, the eligible student receives an amount equal to , where RM is £3,555 and A is £1 for every £4.18 by which the household income exceeds £26,500;

(d) where the household income exceeds £34,000 but does not exceed £50,020, the eligible student receives an amount equal to , where SM is £1,761 and A is £1 for every £9.36 by which the household income exceeds £34,000;

(e) where the household income is £50,020, the eligible student receives £50; and

(f) where the household income exceeds £50,020, no special support grant is payable.

PART 6 LOANS FOR LIVING COSTS

Qualifying conditions for loans for living costs

41.—(1) An eligible student qualifies for a loan for living costs in connection with the eligible student’s attendance on a designated course if the eligible student satisfies the condition in paragraph (2) and is not excluded by paragraph (3) or regulation 7.

(2) The condition is that the eligible student is under the age of 60 on the relevant date.

(3) An eligible student does not qualify for a loan for living costs if the only paragraph in Part 2 of Schedule 1 into which the student falls is paragraph 9.

(4) An eligible student does not qualify for a loan for living costs in connection with the eligible student’s attendance on a designated course if that course—

(a) begins on or after 1 September 2009; and

(b) leads to qualification as a landscape architect, landscape designer, landscape manager, town planner or town and country planner.

(5) An eligible student to whom this paragraph applies is treated as being in attendance on the designated course for the purpose of qualifying for a loan for living costs.

(6) Paragraph (5) 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; and

(c) an eligible student on a period of study or a period of work placement in an Erasmus year.

(7) An eligible student does not qualify for a loan for living costs under this Part if the eligible student is a prisoner.

(8) An eligible student does not qualify for a loan for living costs under this Part if the eligible student is undertaking a distance learning course.

General

42.  The maximum amount of loan for living costs in respect of an academic year is calculated as follows—

(a) where the eligible student is an eligible student with full entitlement who is a 2010 cohort student, a 2012 cohort student or a 2012 accelerated graduate entry student who is undertaking their first year of study, in accordance with regulation 43;

(b) where the eligible student is an eligible student with full entitlement who is a 2011 cohort student, in accordance with regulation 44;

(c) where the eligible student is a student with reduced entitlement, in accordance with regulation 45.

Maximum amount of loans for eligible students with full entitlement who are 2010 cohort students, 2012 cohort students or 2012 accelerated graduate entry students undertaking their first year of study

43.—(1) This regulation applies to an eligible student with full entitlement who is a 2010 cohort student, a 2012 cohort student or a 2012 accelerated graduate entry student who is undertaking their first year of study.

(2) Subject to regulations 46 to 51, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year other than a final year of a course that is not an intensive course is equal to where—

• X is, for such a student in—

  (i)

  category 1, £5,358;

  (ii)

  category 2, £9,697;

  (iii)

  category 3, £8,253;

  (iv)

  category 4, £8,253;

  (v)

  category 5, £6,922;

• Y is the maintenance grant amount.

(3) Subject to regulations 46 to 51, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year that is the final year of a course that is not an intensive course is equal to where—

• X is, for such a student in—

  (i)

  category 1, £4,851;

  (ii)

  category 2, £8,830;

  (iii)

  category 3, £7,179;

  (iv)

  category 4, £7,179;

  (v)

  category 5, £6,412;

• Y is the maintenance grant amount.

(4) In this regulation, “the maintenance grant amount” (“swm y grant cynhaliaeth”) is—

(a) where the eligible student referred to in paragraph (1) qualifies under regulation 36 for an amount of maintenance grant, the amount that is equal to £0.50 for every £1 of maintenance grant for which that student qualifies, up to a maximum value for Y of £2,580;

(b) where no maintenance grant is payable under regulation 36, nil.

Maximum amount of loans for eligible students with full entitlement who are 2011 cohort students

44.—(1) This regulation applies to an eligible student with full entitlement who is a 2011 cohort student.

(2) Subject to regulations 46 to 51, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year other than a final year of a course that is not an intensive course is equal to where—

• X is, for such a student in—

  (i)

  category 1, £5,358;

  (ii)

  category 2, £9,697;

  (iii)

  category 3, £8,253;

  (iv)

  category 4, £8,253;

  (v)

  category 5, £6,922;

• Y is the maintenance grant amount.

(3) Subject to regulations 46 to 51, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year that is the final year of a course that is not an intensive course is equal to where—

• X is, for such a student in—

  (i)

  category 1, £4,851;

  (ii)

  category 2, £8,830;

  (iii)

  category 3, £7,179;

  (iv)

  category 4, £7,179;

  (v)

  category 5, £6,412;

• Y is the maintenance grant amount.

(4) In this regulation, “the maintenance grant amount” (“swm y grant cynhaliaeth”) is—

(a) where the eligible student referred to in paragraph (1) qualifies under regulation 37 for an amount of maintenance grant, the amount that is equal to £0.50 for every £1 of maintenance grant for which that student qualifies, up to a maximum value for Y of £2,688;

(b) where no maintenance grant is payable under regulation 37, nil.

Students with reduced entitlement

45.—(1) Subject to regulations 46 to 51, the maximum amount of loan for living costs for which a student with reduced entitlement qualifies in respect of an academic year of a course other than the final year of a course that is not an intensive course is—

(a) where the student falls within regulation 23(3), for such a student in—

(i) category 1, £2,544;

(ii) category 2, £4,768;

(iii) category 3, £3,392;

(iv) category 4, £3,392;

(v) category 5, £3,392.

(b) where the student falls within regulation 23(6), for such a student in—

(i) category 1, £2,544;

(ii) category 2, £4,768;

(iii) category 3, £4,056;

(iv) category 4, £4,056;

(v) category 5, £3,392.

(c) where the student applies for a loan for living costs and opts not to provide the information needed to calculate the household income, an amount equal to where—

X is, for such a student in—

(i) category 1, £4,019;

(ii) category 2, £7,273;

(iii) category 3, £6,190;

(iv) category 4, £6,190;

(v) category 5, £5,191;

Y is nil.

(2) Subject to regulations 46 to 51, the maximum amount of loan for living costs for which a student with reduced entitlement qualifies in respect of an academic year that is the final year of a course that is not an intensive course is—

(a) where the student falls within regulation 23(3), for such a student in—

(i) category 1, £1,934;

(ii) category 2, £3,646;

(iii) category 3, £2,643;

(iv) category 4, £2,643;

(v) category 5, £2,643.

(b) where the student falls within regulation 23(6), for such a student in—

(i) category 1, £1,934;

(ii) category 2, £3,644;

(iii) category 3, £2,965;

(iv) category 4, £2,965;

(v) category 5, £2,643.

(c) where the student applies for a loan for living costs and opts not to provide the information needed to calculate the household income an amount equal to where—

X is, for such a student in—

(i) category 1, £3,638;

(ii) category 2, £6,623;

(iii) category 3, £5,384;

(iv) category 4, £5,384;

(v) category 5, £4,809;

Y is nil.

Students residing with parents

46.—(1) Subject to paragraph (2), where an eligible student (“A” in this paragraph) resides at A’s parents’ home and the Welsh Ministers are satisfied that in all the circumstances A’s parents by reason of age, incapacity or otherwise cannot reasonably be expected to support A and that it would be appropriate for the amount of loan payable to a student in a category other than category 1 to apply in A’s case, A must be treated as if A were not residing at A’s parents’ home.

(2) Paragraph (1) does not apply to an eligible student who begins a course on or after 1 September 2004.

Loans for living costs payable in respect of three quarters of the academic year

47.—(1) Subject to regulation 49, the loan for living costs is payable in respect of three quarters of the academic year.

(2) The loan for living costs is not payable—

(a) in the case of a compressed degree student, in respect of the quarter nominated by the Welsh Ministers;

(b) in any other case, in respect of the quarter in which, in the opinion of the Welsh Ministers, the longest of any vacation occurs.

Students falling into more than one category

48.  Where an eligible student falls into more than one of the categories in regulation 52 in the course of the academic year—

(a) the maximum amount of loan for living costs for the academic year is the aggregate of the maximum amount of loan for living costs for each quarter in respect of which the loan is payable;

(b) the maximum amount of loan for living costs for each such quarter is one third of the maximum amount of loan for living costs which would apply for the academic year if the eligible student fell into the category which applies to the relevant quarter for the duration of the academic year; and

(c) the category which applies to a quarter is—

(i) the category into which the eligible student falls for the longer or longest period in that quarter; or

(ii) if the eligible student falls into more than one category for an equal period in that quarter, the category with the higher or highest rate of loan for living costs for the academic year.

Students becoming eligible during the course of an academic year

49.—(1) Where a student becomes an eligible student during the course of an academic year as a result of one of the events listed in paragraph (2), the student may qualify for a loan for living costs in respect of such quarters of that academic year in respect of which a loan for living costs is payable as begin after the relevant event in paragraph (2) occurs.

(2) The events are—

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

(b) the student, 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) the state of which the student is a national accedes to the European Union where the student has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the first academic year of the course;

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

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

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

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

(3) An eligible student to whom paragraph (1) applies does not qualify for a loan for living costs in respect of any academic year beginning before the academic year in which the relevant event occurred.

(4) The maximum amount of loan for living costs payable is the aggregate of the maximum amount of loan for each quarter in respect of which the student qualifies for support under this regulation.

(5) The maximum amount of loan for living costs for each such quarter is one third of the maximum amount of loan for living costs which would apply for the academic year if the student fell into the category which applies to the relevant quarter for the duration of the academic year.

Increases in maximum amount

50.—(1) Where an eligible student is required to attend the eligible student’s course for a period exceeding 30 weeks and 3 days in an academic year, the maximum amount of loan for living costs specified in regulation 44 must be increased for each week or part week of attendance in that academic year beyond 30 weeks and 3 days by, for such a student in—

(a) category 1, £80;

(b) category 2, £153;

(c) category 3, £166;

(d) category 4, £166;

(e) category 5, £120.

(2) Where an eligible student attends the eligible student’s course for a period of not less than 45 weeks in any continuous period of 52 weeks the amount of loan for living costs specified in regulation44 is increased for each week in the 52 week period during which the eligible student did not attend by the amounts referred to in paragraph (1).

(3) This regulation does not apply in the case of a student with reduced entitlement.

Deductions from loans for living costs

51.—(1) A deduction from the amount of loan for living costs calculated under this Part in respect of an eligible student with full entitlement may be made in accordance with regulation 56.

(2) A deduction from the amount of loan for living costs calculated under this Part in respect of a student with reduced entitlement may not be made under regulation 56.

Interpretation of Part 6

52.  In this Part—

(a) a student is in category 1 if subject to regulation 46 the student resides at the student’s parents’ home while attending the course; or

(b) a student is in category 2 if the student is not in category 1 and the student attends one or more of the following—

(i) a course at the University of London;

(ii) a course at an institution which requires attendance for at least half the time in aggregate of any quarter of the course in the academic year at a site wholly or partly within the area comprising the City of London and the former Metropolitan Police District; or

(iii) a sandwich course at an institution which requires the student to undertake work experience or a combination of work experience and study provided that the student undertakes such work experience or combination of work experience and study for at least half the time in aggregate of any quarter of the course in the academic year at a site or sites wholly or partly within the area comprising the City of London and the former Metropolitan Police District;

(c) a student is in category 3 if the student is not in category 1 and the student attends an overseas institution as part of the student’s course or attends an overseas work placement in an Erasmus year;

(d) a student is in category 4 if the student is not in category 1 and attends the Institute;

(e) a student is in category 5 if the student is not in categories 1 to 4;

(f) an “an eligible student with full entitlement” (“myfyriwr cymwys sydd â hawlogaeth lawn”) is an eligible student other than a student with reduced entitlement;

(g) “parent” (“rhiant”), except where otherwise indicated, is to be construed in accordance with paragraph 1(1)(f) of Schedule 5;

(h) the “relevant date” (“dyddiad perthnasol”) means the first day of the first academic year of the specified designated course;

(i) a “student with reduced entitlement” (“myfyriwr sydd â hawlogaeth ostyngol”) is an eligible student who—

(i) is not eligible for a grant for living costs in respect of the academic year by virtue of regulation 23(3) or regulation 23(6); or

(ii) opts when applying for a loan for living costs not to provide the information needed to calculate the household income;

(j) where the duration of a graduate-entry or postgraduate-level course for the initial training of teachers is only one academic year, that year is not to be treated as the final year.

PART 7 GENERAL LOAN PROVISIONS

Additional amount of loans

53.—(1) An eligible student may apply to borrow an additional amount of loan for living costs where—

(a) the Welsh Ministers determine that the maximum amount of loan for living costs which has been notified to the eligible student in relation to an academic year should be increased (including an increase from nil) as a result of a reassessment of the eligible student’s contribution or otherwise; and

(b) the Welsh Ministers consider that the increase in the maximum amount does not result from the eligible student—

(i) failing to provide information promptly which might affect the eligible student’s ability to qualify for a loan or the amount of loan for which the eligible student qualifies; or

(ii) providing information which is inaccurate in any material particular.

(2) The additional amount under paragraph (1) is an amount which when added to the amount already applied for does not exceed the increased maximum.

(3) Where an eligible student has applied for a loan of less than the maximum amount to which the eligible student is entitled in relation to the academic year, the 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 eligible student’s case.

PART 8 COLLEGE FEE LOANS

College fee loans

54.  A college fee loan is available to an eligible student in accordance with Schedule 4.

PART 9 FINANCIAL ASSESSMENT

Calculation of contribution

55.—(1) An eligible student’s contribution in respect of an academic year is the amount, if any, calculated under Schedule 5.

(2) The Welsh Ministers may require an eligible student to provide from time to time such information as they consider necessary as to the income of any person whose means are relevant to the assessment of the eligible student’s contribution.

Application of contribution

56.—(1) An amount equal to the contribution or the remainder of the contribution, as the case may be, calculated under Schedule 5, is to be applied until it is extinguished against the amount of the particular grants and loans for which the eligible student qualifies as follows—

(a) first, to reduce ADG;

(b) second, to reduce CCG;

(c) third, to reduce PLA;

(d) fourth, to reduce LLC to no less than the minimum level for the academic year;

(e) fifth, to reduce GFT.

(2) In this regulation—

(a) ADG is the amount, if any, of the adult dependants’ grant calculated in accordance with regulation 29;

(b) CCG is the amount, if any, of the childcare grant calculated in accordance with regulation 29;

(c) GFT is the amount of the grant for travel for which the eligible student qualifies under regulation 32, if any;

(d) LLC is the amount of loan for living costs, if any, for which the eligible student (other than a student with reduced entitlement) qualifies under Part 6 to no less than the minimum level for the academic year specified in paragraph (3);

(e) PLA is the amount, if any, of the parents’ learning allowance calculated under regulation 29 (except the first £50 of the allowance).

(3) Subject to paragraphs (4) and (5), the “minimum level for the academic year” (“lefel isaf am y flwyddyn academaidd”) in regulation 56(1)(e) is, in the case of a student in—

(a) category 1, £4,019;

(b) category 2, £7,273;

(c) category 3, £6,190;

(d) category 4, £6,190;

(e) category 5, £5,191.

(4) Subject to paragraph (5), where the academic year in question is the final year of a course other than an intensive course, the “minimum level for the academic year” (“lefel isaf am y flwyddyn academaidd”) is, in the case of a student in—

(a) category 1, £3,638;

(b) category 2, £6,623;

(c) category 3, £5,384;

(d) category 4, £5,384;

(e) category 5, £4,809.

(5) Where different categories apply to an eligible student for different quarters of the academic year, the minimum levels in paragraphs (3) and (4) are the aggregate of the amounts determined under paragraph (6) for each of the three quarters in respect of which a loan is payable.

(6) The amount determined for each quarter is one third of the amount in paragraph (3) or (4) which corresponds to the rate applicable for the quarter.

(7) Categories 1 to 5 have the meaning given in regulation 52.

PART 10 PAYMENTS

Payment of grants or loans for fees for eligible students

57.—(1) The Welsh Ministers must pay the new fee grant or fee loan for which an eligible student qualifies to an academic authority to which the eligible student is liable to make payment.

(2) The Welsh Ministers may pay the new fee grant or fee loan in such instalments (if any) and at such times as they consider appropriate.

(3) The Welsh Ministers must not pay the new fee grant or fee loan, or any instalment of the new fee grant or fee loan for which an eligible student qualifies unless they have received from the relevant academic authority—

(a) a request for payment; and

(b) confirmation of the eligible student’s attendance on the designated course.

(4) In this regulation “confirmation of the eligible student’s attendance on the designated course” (“cadarnhad o bresenoldeb y myfyriwr cymwys ar y cwrs dynodedig”) means confirmation from the relevant academic authority that the eligible student—

(a) has enrolled on and started attending the designated course, or in the case of a student who is treated as being in attendance under regulation 13(3) and 13(4), started to undertake the designated course, where the confirmation relates to full payment or a first instalment of the new fee grant or fee loan; or

(b) remains enrolled and continues to attend the designated course at the date of confirmation, or in the case of a student who is treated as being in attendance under regulation 13(3) and 13(4), continues to undertake the designated course at the date of confirmation, where the confirmation relates to an instalment of the new fee grant or fee loan other than the first instalment.

(5) Where assessment of an eligible student’s application or other matters have delayed the final calculation of the amount of new fee grant or fee loan for which the eligible student qualifies, the Welsh Ministers may make a provisional assessment and payment.

(6) Where an eligible student ceases to attend or undertake a designated course during the academic year and the academic authority has determined or agreed that the student will not return during that academic year, the academic authority must inform the Welsh Ministers as soon as is practicable of the eligible student’s departure from the designated course.

Payment of grants for living costs

58.—(1) Subject to the following paragraphs, the Welsh Ministers may pay support under Part 5 in such instalments (if any) and at such times as they consider appropriate.

(2) An academic authority is required to send an attendance confirmation to the Welsh Ministers.

(3) The Welsh Ministers must not pay the first instalment or, where it has been determined not to pay support under Part 5 by instalments, make any payment of support under that Part to an eligible student before they have received an attendance confirmation unless an exception referred to in paragraph (4) applies.

(4) For the purposes of paragraph (3), an exception applies if—

(a) a grant for disabled students’ living costs is payable in which case that particular grant may be paid before the Welsh Ministers have received an attendance confirmation; or

(b) the Welsh Ministers have determined that owing to exceptional circumstances it would be appropriate to make a payment without receiving an attendance confirmation.

(5) Where a final assessment cannot be made on the basis of the information provided by the eligible student, the Welsh Ministers may make a provisional assessment and payment of support under Part 5.

(6) Payments of support under Part 5 are to be made in such manner as the Welsh Ministers consider appropriate and they may make it a condition of entitlement to payment that the eligible student must provide them with particulars of a bank or building society account in the United Kingdom into which payments may be made by electronic transfer.

(7) Subject to paragraph (8), no support under Part 5 is payable in respect of any day of an academic year on which the eligible student is a prisoner, unless in the opinion of the Welsh Ministers it would be appropriate in all the circumstances for support to be paid in respect of that day.

(8) Paragraph (7) does not apply in respect of grants for disabled students’ living costs.

(9) In deciding whether support is payable under paragraph (7) the circumstances to which the Welsh Ministers must have regard include the financial hardship not paying the support would cause and whether not paying the support would affect the eligible student’s ability to continue the course.

(10) No support under Part 5 is payable in respect of any payment period beginning after an eligible student’s period of eligibility terminates.

(11) Where an eligible student’s period of eligibility terminates on or after the relevant date, the Welsh Ministers must determine—

(a) the amount of each grant for living costs for which that student qualifies that would be payable in respect of the relevant payment period if that student’s period of eligibility had not terminated (the “full amount”); and

(b) how much of the full amount is payable in respect of the period which runs from the first day of the relevant payment period up to and including the day on which the eligible student’s period of eligibility terminated (the “partial amount”).

(12) In this regulation, the “relevant date” (“y dyddiad perthnasol”) is the date on which the first term of the academic year in question actually begins.

(13) If the Welsh Ministers have made a payment of grant for living costs in respect of the relevant payment period before the point in that period at which the eligible student’s period of eligibility terminated and that payment exceeds the partial amount of that grant—

(a) they may treat the excess as an overpayment of that grant; or

(b) if they consider that it is appropriate to do so they may extend that student’s period of eligibility in respect of that grant until the end of the relevant payment period and determine that the full amount of the grant is payable in respect of that payment period.

(14) Subject to paragraph (15), if a payment of a grant for living costs in respect of the relevant payment period is due to be made or is made after the eligible student’s period of eligibility has terminated, the amount of that grant payable is the partial amount unless the Welsh Ministers consider it appropriate to extend the period of eligibility in respect of that grant until the end of the relevant payment period and to determine that the full amount of that grant is payable in respect of that payment period.

(15) Paragraph (14) does not apply to a payment of grant for disabled students’ living costs in respect of specialist equipment.

(16) No support under Part 5 is payable in respect of a payment period during any part of which an eligible student is absent from the eligible student’s course, unless in the opinion of the Welsh Ministers it would be appropriate in all the circumstances for support to be paid in respect of the period of absence.

(17) In deciding whether it would be appropriate for support to be payable under paragraph (16) the circumstances to which the Welsh Ministers must have regard include the reason for the student’s absence, the length of the absence and the financial hardship which not paying the support would cause.

(18) An eligible student is not to be considered absent from the eligible student’s course if the eligible student is unable to attend due to illness and the eligible student’s absence has not exceeded 60 days.

(19) Where, after the Welsh Ministers have made any payment of support under Part 5 or Part 6, they make a determination of the amount of a grant for living costs for which the eligible student qualifies either for the first time or by way of revision of a provisional or other determination of that amount—

(a) if the determination increases the amount of that grant for which the eligible student qualifies they must pay the additional amount and may do so in such instalments (if any) and at such times as they consider appropriate;

(b) if the determination decreases the amount of that grant for which the eligible student qualifies they must subtract the amount of the decrease from the amount of that grant which remains to be paid;

(c) if the amount of the decrease is greater than the amount of that grant remaining to be paid the latter amount is reduced to nil and the balance subtracted from any other grant for living costs for which the student qualifies in respect of the academic year;

(d) any remaining overpayment is recoverable in accordance with regulation 62.

Provision of United Kingdom national insurance number

59.—(1) The Welsh Ministers may make it a condition of entitlement to payment of any loan that an eligible student must provide them with the eligible student’s United Kingdom national insurance number.

(2) Subject to paragraph (3), where the Welsh Ministers have imposed a condition under paragraph (1), they must not make any payment of the loan to the eligible student before they are satisfied that the eligible student has complied with that condition.

(3) Despite paragraph (2), the Welsh Ministers may make a payment of loan to an eligible student if they are satisfied that owing to exceptional circumstances it would be appropriate to make such a payment without the eligible student having complied with the condition imposed under paragraph (1).

Information requirements

60.—(1) The Welsh Ministers may at any time request from an applicant or an eligible student information that they consider is required to recover a loan.

(2) The Welsh Ministers may at any time request from an applicant or an eligible student sight of their valid national identity card, valid passport issued by the state of which they are a national or their birth certificate.

(3) Where the Welsh Ministers have requested information under this regulation, they may withhold any payment of a loan until the applicant or eligible student provides what has been requested or provides a satisfactory explanation for not complying with the request.

(4) The Welsh Ministers may at any time require an applicant or an eligible student to enter into an agreement to repay a loan by a particular method.

(5) Where the Welsh Ministers have requested an agreement as to the method of repayment under this regulation, the Welsh Ministers may withhold any payment of a loan until the applicant or eligible student provides what has been requested.

Payment of loans for living costs

61.—(1) The Welsh Ministers may pay support under Part 6 in instalments or in a single lump sum.

(2) Subject to paragraph (4), the Welsh Ministers may pay support under Part 6 at such times as they consider appropriate.

(3) An academic authority is required to send an attendance confirmation to the Welsh Ministers.

(4) The Welsh Ministers must not pay the first instalment, or where they have determined not to pay support under Part 6 by instalments, make any payment of support under Part 6 to the eligible student before they have received an attendance confirmation from the relevant academic authority unless the exception referred to in paragraph (5) applies.

(5) For the purposes of paragraph (4) the exception applies if the Welsh Ministers have determined that owing to exceptional circumstances it would be appropriate to make a payment without receiving an attendance confirmation.

(6) Where a final assessment cannot be made on the basis of the information provided by the eligible student, the Welsh Ministers may make a provisional assessment and payment of support under Part 6.

(7) Payments of support under Part 6 are to be made in such manner as the Welsh Ministers consider appropriate and they may make it a condition of entitlement to payment that the eligible student must provide them with particulars of a bank or building society account in the United Kingdom into which payments may be made by electronic transfer.

(8) Where the Welsh Ministers have made any payment of support under Part 5 or Part 6 and an eligible student who qualifies for a loan for living costs under Part 6 applies for such a loan or applies for an additional amount of loan for living costs in respect of an academic year, the Welsh Ministers may pay that loan or that additional amount of loan in such instalments (if any) and at such times as they consider appropriate as soon as is reasonably practicable after a satisfactory application has been received.

(9) Subject to paragraph (10), no support under Part 6 is payable in respect of any day of an academic year on which the eligible student is a prisoner, unless in the opinion of the Welsh Ministers it would be appropriate in all the circumstances for support to be paid in respect of that day.

(10) In deciding whether support is payable under paragraph (9) the circumstances to which the Welsh Ministers must have regard include the financial hardship which not paying the support would cause and whether not paying the support would affect the eligible student’s ability to continue the course.

(11) No support under Part 6 is payable in respect of any payment period beginning after an eligible student’s period of eligibility terminates.

(12) No support under Part 6 is payable in respect of a payment period during part of which an eligible student is absent from the eligible student’s course, unless in the opinion of the Welsh Ministers it would be appropriate in all the circumstances for support to be paid in respect of the period of absence.

(13) In deciding whether support is payable under paragraph (12) the circumstances to which the Welsh Ministers must have regard include the reasons for the eligible student’s absence, the length of absence and the financial hardship which not paying the eligible student would cause.

(14) An eligible student is not to be considered absent from the eligible student’s course if the eligible student is unable to attend due to illness and the eligible student’s absence has not exceeded 60 days.

(15) Where, after the Welsh Ministers have made any payment of loan for living costs for which an eligible student qualifies in respect of an academic year under Part 6, they make a determination that the amount of loan for living costs for which the eligible student qualifies is less than the amount previously determined either by way of a revision of a provisional assessment or otherwise—

(a) they must subtract such amount as is necessary to ensure that the eligible student does not borrow an amount of loan for living costs which is greater than that for which the eligible student qualifies from any amount of loan for living costs which remains to be paid;

(b) if the amount to be subtracted is greater than the amount of loan for living costs remaining to be paid, the latter is reduced to nil;

(c) any remaining overpayment is recoverable in accordance with regulation 62.

Overpayments

62.—(1) Any overpayment of a new fee grant or fee loan is recoverable by the Welsh Ministers from the academic authority.

(2) An eligible student must, if so required by the Welsh Ministers, repay any amount paid to the eligible student under Part 5 or 6 which for whatever reason exceeds the amount of support to which the student is entitled under Part 5 or 6.

(3) The Welsh Ministers must recover an overpayment of any grant for living costs unless they consider it is not appropriate to do so.

(4) A payment of any grant for living costs made before the relevant date is an overpayment if the eligible student withdraws from the course before the relevant date unless the Welsh Ministers decide otherwise.

(5) In the circumstances in paragraph (6) or (7), there is an overpayment of the grant for disabled students’ living costs unless the Welsh Ministers decide otherwise.

(6) The circumstances referred to in paragraph (5) are—

(a) the Welsh Ministers apply all or part of the grant for disabled students’ living costs to the purchase of specialist equipment on behalf of the eligible student;

(b) the eligible student’s period of eligibility terminates after the relevant date; and

(c) the equipment has not been delivered to the student before the student’s period of eligibility terminates.

(7) The circumstances referred to in paragraph (5) are—

(a) the eligible student’s period of eligibility terminates after the relevant date; and

(b) a payment of the grant for disabled students’ living costs in respect of specialist equipment is made to the student after the eligible student’s period of eligibility terminated.

(8) Where there is an overpayment of the grant for disabled students’ living costs, the Welsh Ministers may accept the return of specialist equipment purchased with the grant by way of recovery of all or part of the overpayment if they consider it is appropriate to do so.

(9) Any overpayment of any grant under Part 5 may be recovered in whichever one or more of the following ways the Welsh Ministers consider appropriate in all the circumstances—

(a) by subtracting the overpayment from any kind of grant payable to the eligible student from time to time pursuant to regulations made by the Welsh Ministers under section 22 of the 1998 Act;

(b) by taking such other action for the recovery of an overpayment as is available to them.

(10) Any overpayment of a loan for living costs in respect of any academic year may be recovered if in the opinion of the Welsh Ministers—

(a) the overpayment is a result of a failure of the student to provide promptly information which might affect whether the student qualifies for a loan or the amount of loan for which the student qualifies;

(b) any information which the student has provided is inaccurate in a material particular; or

(c) the student has failed to provide information which the Welsh Ministers consider to be material in the context of the recovery of the loan.

(11) Where an overpayment of a loan for living costs is recoverable in accordance with paragraph (10), it may be recovered in whichever one or more of the following ways the Welsh Ministers consider appropriate in all the circumstances—

(a) by subtracting the overpayment from the amount of any loan payable to the student from time to time pursuant to regulations made by the Welsh Ministers under section 22 of the 1998 Act;

(b) by taking such other action for the recovery of an overpayment as is available to them.

(12) Where there has been an overpayment of a loan for living costs which is not recoverable under paragraph (10), the Welsh Ministers may subtract the overpayment from the amount of any loan payable to the student from time to time pursuant to regulations made by the Welsh Ministers under section 22 of the 1998 Act.

(13) In this regulation “the relevant date” (“y dyddiad perthnasol”) is the date on which the first term of the academic year in question actually begins.

(14) For the purpose of this regulation reference to an eligible student includes a person who has received support under Part 5 or 6 but who does not satisfy the requirements of regulation 4 (eligible students).

Payments - interpretation

63.  In this Part—

(a) “attendance confirmation” (“cadarnhad o bresenoldeb”) means confirmation in writing from the academic authority—

(i) that the eligible student has enrolled for the academic year where the eligible student—

(aa) is applying for support under these Regulations in connection with a designated course for the first time;

(bb) has a disability; and

(cc) is undertaking the course but not attending (regardless of whether the reason for not attending relates to the eligible student’s disability);

(ii) that the eligible student has been present at the institution and begun to attend the course where—

(aa) the student is applying for support under these Regulations in connection with a designated course for the first time;

(bb) the student’s status as an eligible student has not been transferred to the course from another designated course at the same institution; and

(cc) sub-paragraph (i)(cc) does not apply;

(iii) that the eligible student has enrolled for the academic year where the eligible student is applying for support in connection with a designated course—

(aa) other than for the first time; or

(bb) for the first time after the student’s status as an eligible student has been transferred to that course from another course at the same institution;

(b) “payment period” (“cyfnod talu”) means a period in respect of which the Welsh Ministers pay the relevant support under Part 5 or Part 6 or would have paid such support if the eligible student’s period of eligibility had not terminated.

PART 11 SUPPORT FOR FULL-TIME DISTANCE LEARNING COURSES

Eligible distance learning students

64.—(1) An eligible distance learning student qualifies for support in connection with the eligible distance learning student undertaking a designated distance learning course subject to and in accordance with this Part.

(2) Subject to paragraphs (3) and (8), a person is an eligible distance learning student in connection with a designated distance learning course if in assessing the person’s application for support under regulation 72 the Welsh Ministers determine that the person falls within one of the categories set out in Part 2 of Schedule 1.

(3) Subject to paragraph (8), a person (“A” in this paragraph) is not an eligible distance learning student if—

(a) subject to paragraph (4), there has been bestowed on A or paid to A in connection with the distance learning course—

(i) a healthcare bursary whether or not the amount of such bursary is calculated by reference to A’s income;

(ii) any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 2007(72); or

(iii) a Scottish healthcare allowance whether or not the amount of such allowance is calculated by reference to A’s income;

(b) A is in breach of any obligation to repay any loan;

(c) A has reached the age of 18 and has not ratified any agreement for a loan made with A when A was under the age of 18;

(d) A has, in the opinion of the Welsh Ministers, shown by A’s conduct that A is unfitted to receive support under this Part; or

(e) subject to paragraph (5), A is a prisoner.

(4) Paragraph (3)(a) does not apply if—

(a) the person applying for support under this Part is a disabled student; and

(b) there has been bestowed on or paid to the person in connection with the distance learning course—

(i) a healthcare bursary the amount of which is calculated by reference to the person’s income; or

(ii) a Scottish Healthcare Allowance whether or not the amount of such allowance is calculated by reference to the person’s income.

(5) Paragraph (3)(e) does not apply in respect of an academic year during which the eligible distance learning student enters prison to serve a custodial sentence or is released from prison having served such a sentence.

(6) For the purposes of paragraphs (3)(b) and (3)(c), “loan” (“benthyciad”) means a loan made under the student loans legislation.

(7) In a case where the agreement for a loan is subject to the law of Scotland, paragraph (3)(c) 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 the borrower had no curator.

(8) Subject to paragraphs (10) to (12), a person is an eligible distance learning student for the purposes of this Part if the person satisfies the conditions in paragraph (9)(a), (b) or (c).

(9) The conditions referred to in paragraph (8) are—

(a) the—

(i) person qualified as an eligible distance learning student in connection with an earlier academic year of the present distance learning course pursuant to regulations made by the Welsh Ministers under section 22 of the 1998 Act;

(ii) person was ordinarily resident in Wales on the first day of the present distance learning course; and

(iii) person’s status as an eligible distance learning student has not terminated;

(b) the—

(i) present distance learning course is an end-on course;

(ii) person qualified as an eligible distance learning student in connection with the course in relation to which the present distance learning course is an end-on course;

(iii) period of eligibility in respect of the course in sub-paragraph (b)(ii) only ceased on the grounds that the student had completed the course; and

(iv) person was ordinarily resident in Wales on the first day of the first academic year of the course in sub-paragraph (b)(ii);

(c) the—

(i) Welsh Ministers have previously determined that the person is an eligible—

(aa) student in connection with a designated course;

(bb) distance learning student in connection with a designated distance learning course other than the present distance learning course; or

(cc) part-time student in connection with a designated part-time course;

(ii) person’s status as an eligible student, eligible distance learning student or as an eligible part-time student in connection with the course referred to in sub-paragraph (c)(i) has been converted or transferred from that course to the present distance learning 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 1998 Act;

(iii) person was ordinarily resident in Wales on the first day of the first academic year of the course referred to in sub-paragraph (c)(i); and

(iv) person’s status as an eligible distance learning student has not terminated.

(10) Where—

(a) the Welsh Ministers determined that, by virtue of being a refugee or the spouse, civil partner, child or step-child of a refugee, a person (“A” in this paragraph) was an eligible distance learning student in connection with an application for support for an earlier year of the present distance learning course or an application for support in connection with a designated course, designated part-time course or other designated distance learning course from which A’s status as an eligible student, eligible part-time student or eligible distance learning student has been transferred to the present distance learning course; and

(b) as at the day before the academic year in respect of which A is applying for support begins, the refugee status of A or of A’s spouse, civil partner, parent (as defined in Part 1 of Schedule 1) 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(73)),

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

(11) Where—

(a) the Welsh Ministers 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” in this paragraph) was an eligible distance learning student in connection with an application for support for an earlier year of the present distance learning course or an application for support in connection with a designated course, designated part-time course or other designated distance learning course from which A’s status as an eligible student, eligible part-time student or eligible distance learning student has been transferred to the present distance learning course; and

(b) as at the day before the academic year in respect of which A is applying for support begins, 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 distance learning student terminates immediately before the first day of the academic year in respect of which A is applying for support.

(12) Paragraphs (10) and (11) do not apply where the student began the course in connection with which the Welsh Ministers determined that the student was an eligible student or eligible part-time student, as the case may be, before 1 September 2007.

(13) An eligible distance learning student may not, at any one time, qualify for support under these Regulations for—

(a) more than one designated distance learning course;

(b) a designated distance learning course and a designated course;

(c) a designated distance learning course and a designated part-time course;

(d) a designated distance learning course and a designated postgraduate course.

Students becoming eligible during the course of the academic year

65.—(1) Where one of the events listed in paragraph (4) occurs in the course of an academic year—

(a) a student may qualify for a grant in respect of fees in respect of that academic year in accordance with this Part provided that the relevant event occurred within the first three months of the academic year; and

(b) a grant in respect of fees is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.

(2) Where one of the events listed in sub-paragraphs (a), (b), (e), (f), (g), (h) or (i) of paragraph (4) occurs in the course of an academic year—

(a) a student may qualify for a grant for books, travel and other expenditure in respect of that academic year in accordance with this Part; and

(b) a grant for books, travel and other expenditure is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.

(3) Where one of the events listed in sub-paragraphs (a), (b), (e), (f), (g), (h) or (i) of paragraph (4) occurs in the course of an academic year—

(a) a student may qualify for a grant for disabled distance learning students’ living costs in respect of that academic year in accordance with this Part; and

(b) a grant for disabled distance learning students’ living costs is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.

(4) The events are—

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

(b) the student, 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 and 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 state of which the student is a national accedes to the European Union where the student has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the first academic year of the course;

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

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

(h) the student becomes the child of a Swiss national; or

(i) the student becomes the child of a Turkish worker.

Designated distance learning courses

66.—(1) A course is designated for the purposes of section 22(1) of the 1998 Act and regulation 64 if it is designated by the Welsh Ministers under this regulation.

(2) Subject to paragraph (4), the Welsh Ministers may designate a course under this regulation if in their opinion—

(a) the course is listed in Schedule 2 other than a course for the initial training of teachers;

(b) the course is a full-time course;

(c) the course is of at least one academic year’s duration;

(d) students undertaking the course in the United Kingdom are not required to be in attendance on it by the institution providing the course; and

(e) subject to paragraph (5), the course began before 1 September 2012.

(3) For the purposes of determining whether the requirement in paragraph (2)(d) is satisfied the Welsh Ministers may disregard—

(a) any requirement imposed by the institution providing the course to attend any institution for the purposes of—

(i) registration or enrolment;

(ii) an examination;

(b) any requirement imposed by the institution providing the course to attend any institution on a weekend or during any vacation;

(c) any period of attendance at the institution providing the course which a student may but is not required to complete by that institution.

(4) The Welsh Ministers may not designate a course as a designated distance learning course if—

(a) it falls within paragraph 7 or 8 of Schedule 2; and

(b) the governing body of a maintained school has arranged for the provision of the course to a pupil of the school.

(5) A course which begins on or after 1 September 2012 is a designated distance learning course where—

(a) a student transfers to that course pursuant to regulation 75 from a previous designated distance learning course which began before 1 September 2012; or

(b) that course is an end-on course undertaken by distance learning following on from a designated distance learning course which began before 1 September 2012,

and that course would otherwise be a designated course for the purposes of regulation 5.

(6) The Welsh Ministers may revoke or suspend the designation of a course which is designated under this regulation.

Period of eligibility

67.—(1) A student’s status as an eligible distance learning student is retained in connection with a designated distance learning course until that status terminates in accordance with this regulation or regulation 64.

(2) The period for which an eligible distance learning student retains the status referred to in paragraph (1) is the “period of eligibility” (“cyfnod cymhwystra”).

(3) Subject to the following paragraphs and regulation 64, the period of eligibility terminates at the end of the academic year in which the eligible distance learning student completes the designated distance learning course.

(4) The period of eligibility terminates when the eligible distance learning student (“A” in this paragraph and in paragraph (5))—

(a) withdraws from A’s designated distance learning course in circumstances where the Welsh Ministers have not transferred or converted or will not transfer or convert A’s status under regulation 75, 76, 77, or 103; or

(b) abandons or is expelled from A’s designated distance learning course.

(5) The Welsh Ministers may terminate the period of eligibility where in their opinion A has shown by A’s conduct that A is unfitted to receive support under these Regulations.

(6) If the Welsh Ministers are satisfied that an eligible distance learning 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 under these Regulations;

(c) treat any support paid to the student under these Regulations as an overpayment which may be recovered under regulation 80.

(7) Where the period of eligibility terminates before the end of the academic year in which the eligible distance learning student completes the designated distance learning course the Welsh Ministers may, at any time, renew or extend the period of eligibility for such period as they determine.

Support for distance learning courses

68.—(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) £1,025; or

(ii) the actual fees, being the amount of fees charged to the eligible distance learning student in respect of an academic year of the designated distance learning course; and

(b) a grant not exceeding £1,155 for books, travel and other expenditure in connection with the designated distance learning course.

(2) An eligible distance learning student does not qualify for support under paragraph (1)(b) if the only paragraph in Part 2 of Schedule 1 into which the eligible distance learning student falls is paragraph 9.

(3) An eligible distance learning student does not qualify for support under this regulation if—

(a) the eligible distance learning student is a disabled student; and

(b) there has been bestowed on or paid to the eligible distance learning student in connection with the designated distance learning course—

(i) a healthcare bursary the amount of which is calculated by reference to the eligible distance learning student’s income; or

(ii) a Scottish healthcare allowance whether or not the amount of such allowance is calculated by reference to the eligible distance learning student’s income.

(4) An eligible distance learning student does not qualify for support under this regulation unless the Welsh Ministers consider that the eligible distance learning student is undertaking the designated distance learning course in Wales on the first day of the first academic year.

(5) An eligible distance learning student will no longer qualify for support under this regulation if the Welsh Ministers consider that the eligible distance learning student is undertaking the designated distance learning course outside the United Kingdom.

(6) Paragraphs (4) and (5) do not apply to a person who is being treated as being ordinarily resident in the United Kingdom and Islands in accordance with paragraph 1(4) of Schedule 1.

(7) An eligible distance learning student does not qualify for support under this regulation if the eligible distance learning student has undertaken one or more distance learning courses for eight academic years in aggregate and the eligible distance learning student has received in respect of each of those academic years a loan or a grant of the kind described in paragraph (8).

(8) The loans and grants are—

(a) a loan, a grant in respect of fees or a grant for books, travel and other expenditure each made in respect of an academic year of a distance learning course pursuant to regulations made under section 22 of the 1998 Act;

(b) a loan, a grant in respect of fees or a grant for books, travel and other expenditure each made in respect of an academic year of a distance learning course by the Department for Employment and Learning (Northern Ireland) pursuant to regulations made under Articles 3 and 8(4) of the Education (Student Support) (Northern Ireland) Order 1998(74); or

(c) a loan in respect of an academic year of a distance learning course made pursuant to regulations made under sections 73(f), 73B and 74(1) of the Education (Scotland) Act 1980(75).

(9) Subject to paragraph (12), an eligible distance learning student does not qualify for support under this regulation if the eligible distance learning student holds a first degree from an educational institution in the United Kingdom.

(10) For the purposes of paragraph (9), a degree is not to be treated as a first degree where—

(a) it is a degree (other than an honours degree) that has been awarded to the eligible distance learning student who has completed the required modules, examinations or other forms of assessment for the eligible distance learning student’s first degree course; and

(b) that student is undertaking the present distance learning course so as to obtain an honours degree on completion of the required modules, examinations or other forms of assessment (whether or not that student continues the course at the same educational institution after the award of the degree referred to in sub-paragraph (a)).

(11) No support is payable to an eligible distance learning student under these Regulations in connection with that student undertaking a distance learning course that is not a designated distance learning course.

(12) Paragraph (9) does not apply where the Welsh Ministers determine that the following conditions are satisfied in relation to an eligible distance learning student—

(a) the eligible distance learning student has provided all information required by the Welsh Ministers in relation to a first degree held by the student from an educational institution in the United Kingdom;

(b) that information is accurate; and

(c) the Welsh Ministers have incorrectly provided notification that the eligible distance learning student qualifies for support under this regulation in respect of the present distance learning course.

(13) Where paragraph (10) applies an eligible distance learning student may qualify for support under this regulation in accordance with paragraphs (14) to (16).

(14) Subject to paragraph (16), if the Welsh Ministers make the determination under paragraph (12) before the first day of the first academic year of the present distance learning course then the eligible distance learning student may qualify for support under this regulation in respect of the first academic year of the present distance learning course.

(15) Subject to paragraph (16), if the Welsh Ministers make the determination under paragraph (12) on or after the first day of the first academic year of the present distance learning course then the eligible distance learning student may qualify for support under this regulation in respect of—

(a) the academic year of the present distance learning course during which the Welsh Ministers make the determination; and

(b) an academic year of the present distance learning course which the student has completed prior to the Welsh Ministers making the determination.

(16) An eligible distance learning student subject to a determination under paragraph (8) may qualify for support under this regulation otherwise than in accordance with paragraphs (14) and (15), where the Welsh Ministers consider this to be appropriate as a result of the exceptional circumstances of a particular case.

Amount of support

69.—(1) Subject to paragraph (2) and regulation 75(6), the amount of support payable under regulation 68 in respect of an academic year is as follows—

(a) if at the date of the eligible distance learner student’s application the eligible distance learning student or the eligible distance learning student’s partner is entitled—

(i) under Part VII of the Social Security Contributions and Benefits Act 1992(76) to income support or housing benefit;

(ii) under Part 1 of the Jobseekers Act 1995(77) to income–based jobseeker’s allowance;

(iii) under Part 1 of the Welfare Reform Act 2007(78) to an income-related employment and support allowance;

(iv) to universal credit; or

(v) to a reduction under a council tax reduction scheme,

the maximum amount of support available under regulation 68(1) is payable;

(b) where the relevant income is less than £16,865, the maximum amount of support available under regulation 68(1) is payable;

(c) where the relevant income is £16,865, the maximum amount of support available under regulation 68(1)(b) is payable together with £50 less than the maximum amount of support available under regulation 68(1)(a);

(d) where the relevant income exceeds £16,865 but is less than £25,435, the maximum amount of support available under regulation 68(1)(b) is payable and the amount of support payable under regulation 68(1)(a) is the amount determined in accordance with paragraph (2);

(e) where the relevant income is £25,435, the maximum amount of support available under regulation 68(1)(b) is payable and the amount of support payable under regulation 68(1)(a) is £50;

(f) where the relevant income exceeds £25,435 but is less than £26,095, the maximum amount of support available under regulation 68(1)(b) is payable and no support is payable under regulation 68(1)(a);

(g) where the relevant income is £26,095 or more but less than £28,180 no support is available under regulation 68(1)(a) and the amount of support payable under regulation 68(1)(b) is the amount left after deducting from the maximum amount of support available under regulation 68(1)(b) £1 for every £1.886 by which the relevant income exceeds £26,095;

(h) where the relevant income is £28,180, no support is payable under regulation 68(1)(a) and the amount of support payable under regulation 68(1)(b) is £50;

(i) where the relevant income exceeds £28,180 no support is payable under regulation 68(1).

(2) Where paragraph (1)(d) applies, the amount of support payable under regulation 68(1)(a) is determined by deducting from the maximum amount of support available under regulation 68(1)(a) one of the following amounts—

(a) £50 plus a further £1 for each complete £9.26 by which the relevant income exceeds £16,865; or

(b) where the actual fees are less than £1,025, an amount equal to that left after deducting from the amount calculated under sub-paragraph (a) the difference between £1,025 and the actual fees (unless the amount is a negative number in which case the maximum amount of support available under regulation 68(1)(a) is payable).

Interpretation of regulation 69

70.—(1) For the purposes of regulation 69 and this regulation—

(a) subject to sub-paragraph (b), “partner” (“partner”) means any of the following—

(i) the spouse of an eligible distance learning student;

(ii) the civil partner of an eligible distance learning student;

(iii) a person ordinarily living with an eligible distance learning student as if the person were the eligible distance learning student’s spouse where an eligible distance learning student is aged 25 or over on the first day of the academic year in respect of which the eligible distance learning student is being assessed for support and where the eligible distance learning student began the specified designated distance learning course before 1 September 2005;

(iv) a person ordinarily living with an eligible distance learning student as if the person were the eligible distance learning student’s spouse or civil partner where an eligible distance learning student began the specified designated distance learning course on or after 1 September 2005;

(b) a person who would otherwise be a partner under sub-paragraph (a) is not to be treated as a partner if—

(i) in the opinion of the Welsh Ministers, that person and the eligible distance learning student are separated; or

(ii) the person is ordinarily living outside the United Kingdom and is not maintained by the eligible distance learning student;

(c) “relevant income” (“incwm perthnasol”) has the meaning given in paragraph (2).

(2) Subject to paragraph (3), an eligible distance learning student’s relevant income is equal to the eligible distance learning student’s financial resources in the preceding financial year less—

(a) £2,000 in respect of the eligible distance learning student’s partner;

(b) £2,000 in respect of the only or eldest child who is dependent on the eligible distance learning student or the eligible distance learning student’s partner; and

(c) £1,000 in respect of each other child who is dependent on the eligible distance learning student or the eligible distance learning student’s partner.

(3) Where the Welsh Ministers are satisfied that an eligible distance learning student’s financial resources in the preceding financial year are greater than the eligible distance learning student’s financial resources in the current financial year and that the difference between the two amounts is £1,000 or more, they must assess that student’s financial resources by reference to those resources in the current financial year.

(4) In this regulation, an eligible distance learning student’s financial resources in a financial year means the aggregate of the eligible distance learning student’s 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 under this Part is the eligible distance learning student’s partner.

(5) In this regulation—

(a) “child” (“plentyn”) in relation to an eligible distance learning student includes any child of the student’s partner and any child for whom the student has parental responsibility;

(b) “current financial year” (“blwyddyn 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 under this Part;

(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 distance learning 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—

(i) any payment made under section 110(6) of the Social Services and Well-being (Wales) Act 2014 or, as the case may be, section 23C(5A) of the Children Act 1989; and

(ii) any tax credits awarded pursuant to any claims under section 3 of the Tax Credits Act 2002(79);

(f) “preceding financial year” (“blwyddyn ariannol flaenorol”) means the financial year immediately preceding the current financial year;

(g) “specified designated distance learning course” (“cwrs dysgu o bell dynodedig a bennir”) means the course in respect of which the person is applying for support under this Part or, where the student’s status as an eligible distance learning student has been transferred to the present distance learning course as a result of one or more transfers of that status by the Welsh Ministers from a distance learning course (the “initial course”) (“cwrs cychwynnol”) in connection with which the Welsh Ministers determined the student to be an eligible distance learning student pursuant to regulations made under section 22 of the 1998 Act, the specified designated distance learning course is the initial course.

Grant for disabled distance learning students’ living costs

71.—(1) An eligible distance learning student qualifies in accordance with this Part for a grant to assist with the additional expenditure which the Welsh Ministers are satisfied the eligible distance learning student is obliged to incur by reason of a disability to which the eligible distance learning student is subject in respect of the eligible distance learning student undertaking a designated distance learning course.

(2) An eligible distance learning student does not qualify for the grant under this regulation if the only paragraph in Part 2 of Schedule 1 into which the eligible distance learning student falls is paragraph 9.

(3) An eligible distance learning student does not qualify for the grant under this regulation in respect of any academic year that is a bursary year.

(4) An eligible distance learning student does not qualify for the grant under this regulation unless the Welsh Ministers consider that the eligible distance learning student is undertaking the designated distance learning course in Wales on the first day of the first academic year.

(5) An eligible distance learning student will no longer qualify for the grant under this regulation if the Welsh Ministers consider that the eligible distance learning student is undertaking the designated distance learning course outside the United Kingdom.

(6) Paragraphs (4) and (5) do not apply to a person who is treated as being ordinarily resident in the United Kingdom and Islands in accordance with paragraph 1(4) of Schedule 1.

(7) Subject to the following paragraphs, the amount of grant under this regulation is the amount that the Welsh Ministers consider appropriate in accordance with the student’s circumstances.

(8) The amount of the grant under this regulation must not exceed—

(a) £21,181 in respect of an academic year for expenditure on a non-medical personal helper;

(b) £5,332 in respect of all the academic years during the period of eligibility for expenditure on major items of specialist equipment;

(c) the additional expenditure incurred—

(i) within the United Kingdom for the purpose of attending the institution;

(ii) within or outside the United Kingdom for the purpose of attending, as a part of the eligible distance learning student’s course, any period of study at an overseas institution or for the purpose of attending the Institute;

(d) £1,785 in respect of an academic year for any other expenditure including expenditure incurred for the purposes referred to in sub-paragraph (a) or (b) which exceeds the specified maxima.

(9) Subject to paragraphs (10) and (11), the grant under this regulation is payable to an eligible distance learning student in respect of the four quarters of the academic year.

(10) Where a grant under this regulation is used for expenditure on major items of specialist equipment (within the meaning of paragraph (8)(b)) it may be payable in respect of the whole academic year.

(11) Where regulation 65(3) applies, an eligible distance learning student may only qualify for a grant under this regulation for the purposes specified in paragraph (8)(a), (c) and (d) in respect of such quarters as begin after the relevant event in regulation 65(4) occurs.

Applications for support

72.—(1) A person must apply for support in connection with each academic year of a designated distance learning course by completing and submitting to the Welsh Ministers an application in such form as the Welsh Ministers may require.

(2) The application must be accompanied by—

(a) a declaration completed by the academic authority; and

(b) such additional documentation as the Welsh Ministers may require.

(3) The Welsh Ministers may take such steps and make such inquiries as they consider necessary to determine whether the applicant is an eligible distance learning student, whether the applicant qualifies for support under this Part and the amount of support payable, if any.

(4) The Welsh Ministers must notify the applicant of whether the applicant qualifies for support under this Part and, if the applicant does qualify, the amount of support payable in respect of the academic year, if any.

(5) Subject to paragraph (6), the application must reach the Welsh Ministers within a period of six months beginning with the first day of the academic year of the designated distance learning course in respect of which it is submitted.

(6) Paragraph (5) does not apply where—

(a) one of the events listed in paragraph (4) of regulation 65 occurs after the first day of the academic year in respect of which the applicant is applying for support under this Part, in which case the application must reach the Welsh Ministers within a period of six months beginning with the day on which the relevant event occurred;

(b) the applicant is applying for the grant for disabled distance learning students’ living costs, in which case the application must reach the Welsh Ministers as soon as is reasonably practicable; or

(c) the Welsh Ministers consider that having regard to the circumstances of the particular case the time limit should be relaxed, in which case the application must reach the Welsh Ministers not later than such date as they specify.

Declarations provided by academic authorities

73.—(1) Subject to paragraph (2), the academic authority must, on the request of the applicant, complete a declaration in such form as may be required by the Welsh Ministers to accompany the application for support under regulation 72.

(2) An academic authority is not required to complete a declaration if it is unable to give the confirmation required by sub-paragraph 3(a)(ii) or 3(b)(ii).

(3) In this Part, “declaration” (“datganiad”) means—

(a) where the applicant is applying for support in connection with the designated distance learning course for the first time, a statement that—

(i) provides the course information; and

(ii) confirms that the applicant has undertaken at least two weeks of the designated distance learning course;

(b) in any other case, a statement that—

(i) provides the course information; and

(ii) confirms that the applicant has enrolled to undertake the academic year of the designated distance learning course in respect of which the applicant is applying for support.

(4) In this regulation, “course information” (“gwybodaeth am y cwrs”) means—

(a) the amount of fees being charged in respect of the academic year in respect of which the applicant is applying for support under this Part;

(b) certification by the academic authority that it considers the applicant is undertaking the designated distance learning course in Wales; and

(c) in any case where the applicant is a disabled student, certification by the academic authority that it considers the applicant has chosen to undertake the designated distance learning course for a reason other than that the applicant is unable to attend a designated course for a reason which relates to the applicant’s disability.

Information

74.  Schedule 3 applies in respect of the provision of information by an applicant or an eligible distance learning student.

Transfer of status

75.—(1) Where an eligible distance learning student transfers from a designated distance learning course to another designated distance learning course, the Welsh Ministers must transfer the student’s status as an eligible distance learning student to that other course where—

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

(b) they are satisfied that one or more of the grounds for transfer in paragraph (2) applies; and

(c) the period of eligibility has not terminated.

(2) The grounds for transfer are—

(a) the eligible distance learning student starts to undertake another designated distance learning course at the same institution;

(b) the eligible distance learning student starts to undertake a designated distance learning course at another institution; or

(c) after commencing a designated distance learning course for a first degree (other than an honours degree) the eligible distance learning student is, before the completion of that course, admitted to a designated distance learning course for an honours degree in the same subject at the same institution.

(3) Subject to paragraph (4), an eligible distance learning student who transfers under paragraph (1) is to receive in connection with the academic year of the course to which the eligible distance learning student transfers the remainder of the support under this Part for which the Welsh Ministers have determined the eligible distance learning student qualifies in respect of the academic year of the course from which the eligible distance learning student transfers.

(4) The Welsh Ministers may re-assess the amount of support payable after the transfer in accordance with this Part.

(5) An eligible student who transfers under paragraph (1) after the Welsh Ministers have determined the eligible distance learning student’s support under this Part in connection with the academic year of the course from which the eligible distance learning student is transferring but before the eligible distance learning student completes that year, may not apply for another grant under regulation 68(1)(b) or regulation 71 in connection with the academic year of the course to which the eligible distance learning student transfers.

(6) Where a student transfers under paragraph (1), the maximum amount of support under regulation 68(1)(a) in respect of the academic years to and from which the eligible distance learning student transfers is the amount of support available in connection with the course with the highest actual fees as defined in regulation 68.

Conversion of status – eligible students transferring to designated distance learning courses

76.—(1) Where an eligible student ceases to undertake a designated course and transfers to a designated distance learning 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 distance learning student in connection with the course to which the eligible student 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) The following applies to an eligible student who transfers under paragraph (1)—

(a) where the Welsh Ministers have determined to pay an amount of grant for disabled students’ living costs to that student under Part 5 in periodic instalments, no payment in respect of that amount of grant must be made in respect of any instalment period beginning after the date on which that student becomes an eligible distance learning student;

(b) the maximum amount of grant for disabled distance learning students’ living costs to which that student would, apart from this regulation, be entitled in connection with that student undertaking a designated distance learning course in respect of that academic year is reduced by one third where that student became an eligible distance learning student in the second quarter of the academic year and by two thirds where that student became an eligible distance learning student in a later quarter of that year;

(c) where an amount of grant for disabled students’ living costs for any purpose has been paid to the student under Part 5 in a single instalment, the maximum amount of grant for disabled distance learning students’ living costs payable to that student for that purpose is reduced (or where sub-paragraph (b) applies, further reduced) by the amount of grant paid to that student for that purpose pursuant to Part 5, and where the resulting amount is nil or a negative amount that amount is nil; and

(d) where immediately before that student became an eligible distance learning student that student 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 to which that student was entitled, that student may apply for such a loan or such additional amount as if that student had continued to be an eligible student and in the circumstances mentioned in paragraph (3) the maximum amount or increased maximum amount of such loan for the academic year is reduced in accordance with that paragraph.

(3) Where the request under paragraph (1) is made during the first quarter of the academic year in respect of which the loan for living costs 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.

Conversion of status – eligible distance learning students transferring to designated courses

77.—(1) Where an eligible distance learning student ceases to undertake a designated distance learning course and transfers to a designated course at the same or at another institution, the Welsh Ministers must convert the student’s status as an eligible distance learning student to that of an eligible student in connection with the course to which the eligible distance learning student 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.

(2) The following applies to an eligible distance learning student who transfers under paragraph (1)—

(a) where the Welsh Ministers have determined to pay an amount of grant for disabled distance learning students’ living costs to that student in periodic instalments no payment in respect of that amount of grant must be made in respect of any instalment period beginning after the date on which that student becomes an eligible student;

(b) any support to which that student is entitled under this Part in respect of the academic year in which that student transfers is ignored in determining the amount of support to which that student may be entitled in respect of that year under Parts 4 to 6;

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

(d) where an amount of grant for disabled distance learning students’ living costs for any purpose has been paid to that student in a single instalment, the maximum amount of grant for disabled students’ living costs payable to that student under Part 5 for that purpose is reduced (or, where sub-paragraph (c) applies, further reduced) by the amount of grant for disabled distance learning students’ living costs paid to that student for that purpose and where the resulting amount is nil or a negative amount that amount is nil.

Payment of grants for fees

78.—(1) Subject to paragraphs (2) and (3), the Welsh Ministers must pay the grant in respect of fees for which the eligible distance learning student qualifies once they have received from the relevant academic authority—

(a) a request for payment; and

(b) confirmation of the eligible distance learning student’s attendance on the designated distance learning course.

(2) The Welsh Ministers may make payments under paragraph (1) at such times and in such instalments (if any) as they see fit.

(3) The Welsh Ministers may make provisional payments under paragraph (1) in such cases as they deem appropriate.

(4) In this regulation “confirmation of the eligible distance learning student’s attendance on the designated distance learning course” (“cadarnhad o bresenoldeb y myfyriwr dysgu o bell cymwys ar y cwrs dysgu o bell dynodedig”) means confirmation from the relevant academic authority that the eligible distance learning student—

(a) has enrolled on and started undertaking the designated distance learning course, where the confirmation relates to a payment of the entire grant in respect of fees or the first instalment of the grant in respect of fees; or

(b) remains enrolled and continues to undertake the designated distance learning course at the date of the confirmation, where the confirmation relates to an instalment of the grant in respect of fees other than the first instalment.

(5) Where an eligible distance learning student ceases to undertake a designated distance learning course during the academic year and the academic authority has determined or agreed that the student will not return during that academic year, the academic authority must inform the Welsh Ministers as soon as is practicable of the eligible distance learning student’s departure from the designated distance learning course.

Payment of grants for books, travel and other expenditure and grants for disabled distance learning students’ living costs

79.—(1) Payments of the grant for books, travel and other expenditure and the grant for disabled distance learning students’ living costs may be made in such manner as the Welsh Ministers consider appropriate and they may make it a condition of entitlement to payment that the eligible distance learning student must provide them with particulars of a bank or building society account in the United Kingdom into which payments may be made by electronic transfer.

(2) Where the Welsh Ministers cannot make a final assessment on the basis of the information provided by the eligible distance learning student, they may make a provisional assessment and payment of the grant for books, travel and other expenditure and the grant for disabled distance learning students’ living costs.

(3) The Welsh Ministers may pay the grant for books, travel and other expenditure and the grant for disabled distance learning students’ living costs in instalments or in a single lump sum.

(4) Subject to paragraph (5), the Welsh Ministers may pay the grant for books, travel and other expenditure and the grant for disabled distance learning students’ living costs at such times as they consider appropriate.

(5) The Welsh Ministers must not pay the first instalment or, where it has been determined not to pay support in instalments, make any payment of the grant for books, travel and other expenditure or the grant for disabled distance learning students’ living costs before they have received a declaration under regulation 73 unless an exception referred to in paragraph (6) applies.

(6) For the purposes of paragraph (5) an exception applies if—

(a) a grant for disabled distance learning students’ living costs is payable in which case that particular grant may be paid before the Welsh Ministers have received a declaration;

(b) the Welsh Ministers have determined that owing to exceptional circumstances it would be appropriate to make a payment without receiving a declaration.

Overpayments

80.—(1) Any overpayment of a grant in respect of fees is recoverable by the Welsh Ministers from the academic authority.

(2) An eligible distance learning student must, if so required by the Welsh Ministers, repay any amount paid to the eligible distance learning student under this Part which for whatever reason exceeds the amount of grant to which the eligible distance learning student is entitled under this Part.

(3) The Welsh Ministers must recover an overpayment of grant for books, travel and other expenditure and grant for disabled distance learning students’ living costs unless they consider that it is not appropriate to do so.

(4) The methods of recovery are—

(a) subtracting the overpayment from any kind of grant payable to the eligible distance learning student from time to time pursuant to regulations made by the Welsh Ministers under section 22 of the 1998 Act;

(b) taking such other action for the recovery of an overpayment as is available to the Welsh Ministers.

(5) A payment of the grant for disabled distance learning students’ living costs made before the relevant date is an overpayment if the eligible distance learning student withdraws from the course before the relevant date unless the Welsh Ministers decide otherwise.

(6) In this regulation, the “relevant date” (“dyddiad perthnasol”) is the date on which the first term of the academic year in question actually begins.

(7) In the circumstances set out in paragraph (8) or (9), there is an overpayment of the grant for disabled distance learning students’ living costs unless the Welsh Ministers decide otherwise.

(8) The circumstances referred to in paragraph (7) are—

(a) the Welsh Ministers apply all or part of the grant for disabled distance learning students’ living costs to the purchase of specialist equipment on behalf of the eligible distance learning student;

(b) the eligible distance learning student’s period of eligibility terminates after the relevant date; and

(c) the equipment has not been delivered to the eligible distance learning student before the period of eligibility terminates.

(9) The circumstances referred to in paragraph (7) are—

(a) the eligible distance learning student’s period of eligibility terminates after the relevant date; and

(b) a payment of the grant for disabled part-time students’ living costs in respect of specialist equipment is made to the student after the period of eligibility terminated.

(10) Where there is an overpayment of the grant for disabled distance learning students’ living costs, the Welsh Ministers may accept the return of specialist equipment purchased with the grant by way of recovery of all or part of the overpayment if they consider it is appropriate to do so.

(11) For the purposes of this regulation reference to an eligible distance learning student includes a person who has received support under this Part but who does not satisfy the requirements of regulation 64 (eligible distance learning students).

PART 12 SUPPORT FOR PART-TIME COURSES

Eligible part-time students

81.—(1) An eligible part-time student qualifies for support in connection with the student undertaking a designated part-time course subject to and in accordance with this Part.

(2) A person is an eligible part-time student in connection with a designated part-time course if—

(a) in assessing the person’s application for support under regulation 99 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) Subject to paragraph (7), a person (“A” in this paragraph) is not an eligible part-time student if—

(a) there has been bestowed on or paid to A in relation to A undertaking the part-time course—

(i) a healthcare bursary whether or not the amount of such bursary is calculated by reference to A’s income;

(ii) any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 2007; or

(iii) a Scottish healthcare allowance whether or not the amount of such allowance is calculated by reference to A’s income;

(b) A is in breach of any obligation to repay any loan;

(c) A has reached the age of 18 and has not ratified any agreement for a loan made with A when A was under the age of 18;

(d) A has, in the opinion of the Welsh Ministers, shown by A’s conduct that A is unfitted to receive support under this Part; or

(e) subject to paragraph (4), A is a prisoner.

(4) Paragraph (3)(e) does not apply—

(a) where the eligible part-time student is an eligible part-time prisoner; or

(b) in respect of an academic year during which the student enters prison or is released from prison.

(5) For the purposes of paragraphs (3)(b) and (3)(c), “loan” (“benthyciad”) means a loan made under the student loans legislation.

(6) In a case where the agreement for a loan is subject to the law of Scotland, paragraph (3)(c) 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 the borrower had no curator.

(7) Subject to paragraphs (9) to (11), a person is an eligible part-time student for the purposes of this Part if the person satisfies the conditions in paragraph (8)(a), (b) or (c).

(8) The conditions referred to in paragraph (7) are—

(a) the—

(i) person qualified as an eligible part-time student in connection with an earlier academic year of the present part-time course pursuant to regulations made by the Welsh Ministers under section 22 of the 1998 Act;

(ii) person was ordinarily resident in Wales on the first day of the present part-time course; and

(iii) person’s status as an eligible part-time student has not terminated;

(b) the—

(i) present part-time course is an end-on course;

(ii) person qualified as an eligible part-time student in connection with the course in relation to which the present part-time course is an end-on course;

(iii) period of eligibility in respect of the course in sub-paragraph (b)(ii) only ceased on the grounds that the student had completed the course; and

(iv) person was ordinarily resident in Wales on the first day of the first academic year of the course in sub-paragraph (b)(ii);

(c) the—

(i) Welsh Ministers have previously determined that the person is an eligible—

(aa) student in connection with a designated course;

(bb) part-time student in connection with a designated part-time course other than the present part-time course; or

(cc) distance learning student in connection with a designated distance learning course;

(ii) person’s status as an eligible student, an eligible distance learning student or as an eligible part-time student in connection with the course referred to in sub-paragraph (c)(i) has been converted or transferred from that course to the present part-time 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 1998 Act;

(iii) person was ordinarily resident in Wales on the first day of the first academic year of the course referred to in sub-paragraph (c)(i); and

(iv) person’s status as an eligible part-time student has not terminated.

(9) Where—

(a) the Welsh Ministers determined that, by virtue of being a refugee or the spouse, civil partner, child or step-child of a refugee, a person (“A” in this paragraph) was an eligible part-time student in connection with an application for support for an earlier year of the present part-time course or an application for support in connection with a designated course, designated distance learning course or other designated part-time course from which A’s status as an eligible part-time student, eligible student or eligible distance learning student has been transferred to the present part-time course; and

(b) as at the day before the academic year in respect of which A is applying for support begins, the refugee status of A or of A’s spouse, civil partner, parent (as defined in Part 1 of Schedule 1) 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),

A’s status as an eligible part-time student terminates immediately before the first day of the academic year in respect of which A is applying for support.

(10) Where—

(a) the Welsh Ministers 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” in this paragraph) was an eligible part-time student in connection with an application for support for an earlier year of the present part-time course or an application for support in connection with a designated course, designated distance learning course or other designated part-time course from which A’s status as an eligible part-time student, eligible student or eligible distance learning student has been transferred to the present part-time course; and

(b) as at the day before the academic year in respect of which A is applying for support begins, 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 part-time student terminates immediately before the first day of the academic year in respect of which A is applying for support.

(11) Paragraphs (9) and (10) do not apply where the student started the course in connection with which the Welsh Ministers determined that the student was an eligible part-time student or eligible student, as the case may be, before 1 September 2007.

(12) An eligible part-time student does not qualify for support under regulation 85(1)(b), regulation 87, regulation 88 or regulations 89 to 98 if the only paragraph in Part 2 of Schedule 1 into which the eligible part-time student falls is paragraph 9.

(13) Subject to paragraphs (14) and (15), an eligible part-time student qualifies for support—

(a) under regulation 85(1)(a) if the Welsh Ministers consider that the eligible part-time student is undertaking the designated part-time course in Wales; or

(b) under regulations 85(1)(b), 88 or 89 to 98 if the Welsh Ministers consider that the eligible part-time student is undertaking the designated part-time course in the United Kingdom.

(14) An eligible part-time student does not qualify for support under regulations 85 to 98 in respect of a part-time distance learning course, unless the Welsh Ministers consider that the student is undertaking the course in Wales on the first day of the first academic year.

(15) An eligible part-time student will no longer qualify for support under regulations 85 to 98 in respect of a part-time distance learning course if the Welsh Ministers consider that the student is undertaking the course outside the United Kingdom.

(16) An eligible part-time student does not qualify for support under regulations 85 to 87 or regulations 89 to 98 if the eligible part-time student—

(a) has undertaken one or more part-time courses which began before 1 September 2014 for eight academic years in aggregate and the eligible part-time student has received in respect of each of those academic years a loan or a grant of the kind described in paragraph (17); or

(b) has undertaken one or more part-time courses which began on or after 1 September 2014 for sixteen years in aggregate and the eligible part-time student has received in respect of each of those academic years a loan or a grant of the kind described in paragraph (17).

(17) The loans and grants referred to in paragraph (16) are—

(a) a loan, a grant in respect of fees or a grant for books, travel and other expenditure each made in respect of an academic year of a part-time course pursuant to regulations made under section 22 of the 1998 Act;

(b) a loan, a grant in respect of fees or a grant for books, travel and other expenditure each made in respect of an academic year of a part-time course by the Department for Employment and Learning (Northern Ireland) pursuant to regulations made under Articles 3 and 8(4) of the Education (Student Support) (Northern Ireland) Order 1998; or

(c) a loan in respect of an academic year of a part-time course made pursuant to regulations made under sections 73(f), 73B and 74(1) of the Education (Scotland) Act 1980.

(18) Subject to paragraphs (19), (20), (22) and (27) an eligible part-time student does not qualify for support under regulations 85 to 87 or regulations 89 to 98 if the student holds a first degree from an educational institution in the United Kingdom.

(19) For the purposes of paragraph (18), a degree is not to be treated as a first degree where—

(a) it is a degree (other than an honours degree) that has been awarded to the eligible part-time student who has completed the required modules, examinations or other forms of assessment for the eligible part-time student’s first degree course; and

(b) that student is undertaking the present part-time course so as to obtain an honours degree on completion of the required modules, examinations or other forms of assessment (whether or not that student continues the course at the same institution after the award of the degree referred to in sub-paragraph (a)).

(20) Paragraph (18) does not prevent an eligible part-time student from qualifying for support under regulations 85 to 87 or regulations 89 to 98 if—

(a) the present part-time course is a course for the initial training of teachers which started on or after 1 September 2010;

(b) the duration of that course does not exceed four years; and

(c) the eligible part-time student is not a qualified teacher.

(21) An eligible part-time student may not, at any one time, qualify for support for—

(a) more than one designated part-time course;

(b) a designated part-time course and a designated course;

(c) a designated part-time course and a designated distance learning course;

(d) a designated part-time course and a designated postgraduate course.

(22) Paragraph (18) does not apply where the Welsh Ministers determine that the following conditions are satisfied in relation to an eligible part-time student—

(a) the eligible part-time student has provided all information required by the Welsh Ministers in relation to a first degree held by the student from an educational institution in the United Kingdom;

(b) that information is accurate; and

(c) the Welsh Ministers have incorrectly provided notification that the eligible part-time student qualifies for support under this Part in respect of the present part-time course.

(23) Where paragraph (22) applies an eligible part-time student may qualify for support under this Part in accordance with paragraphs (24) to (26).

(24) Subject to paragraph (26), if the Welsh Ministers make the determination under paragraph (22) before the first day of the first academic year of the present part-time course then the eligible part-time student may qualify for support under this Part in respect of the first academic year of the present part-time course.

(25) Subject to paragraph (26), if the Welsh Ministers make the determination under paragraph (22) on or after the first day of the first academic year of the present part-time course then the eligible part-time student may qualify for support under this Part in respect of—

(a) the academic year of the present part-time course during which the Welsh Ministers make the determination; and

(b) an academic year of the present part-time course which the student has completed prior to the Welsh Ministers making the determination.

(26) An eligible part-time student subject to a determination under paragraph (22) may qualify for support under this Part otherwise than in accordance with paragraphs (24) and (25), where the Welsh Ministers consider this to be appropriate as a result of the exceptional circumstances of a particular case.

(27) Paragraph (18) does not prevent an eligible part-time student qualifying for support under regulations 85 to 87 or regulations 89 to 98 if the present part-time course—

(a) starts on or after 1 September 2017;

(b) leads to an honours degree; and

(c) is a course specified in paragraph (28).

(28) A course is specified for the purpose of paragraph (27) if—

(a) it is concerned with the study of the history, grammar and use of Welsh; or

(b) the Joint Academic Coding System lists the course in a subject area of—

(i) engineering;

(ii) technology;

(iii) computer science;

(iv) subjects allied to medicine;

(v) biological sciences;

(vi) veterinary sciences, agriculture and related subjects;

(vii) physical sciences; or

(viii) mathematical sciences.

(29) In this regulation “the Joint Academic Coding System” (“y System Cyd-godio Pynciau Academaidd”) means version 3 of the Joint Academic Coding System maintained by the Universities and Colleges Admissions Service and the Higher Education Statistics Agency(80).

Students becoming eligible during the course of the academic year

82.—(1) Where one of the events listed in paragraph (4) occurs in the course of an academic year—

(a) a student may qualify for a grant in respect of fees or a new part-time fee loan in respect of that academic year in accordance with this Part provided that the relevant event occurred within the first three months of the academic year; and

(b) a grant in respect of fees or a new part-time fee loan are not available in respect of any academic year beginning before the academic year in which the relevant event occurred.

(2) Where one of the events listed in sub-paragraphs (a), (b), (e), (f), (g), (h) or (i) of paragraph (4) occurs in the course of an academic year, a student may qualify for part-time grants for dependants in accordance with this Part in respect of all or part of that academic year but the student does not qualify for a grant in respect of any academic year beginning before the academic year in which the relevant event occurred.

(3) Where one of the events listed in sub-paragraphs (a), (b), (e), (f), (g) (h) or (i) of paragraph (4) occurs in the course of an academic year—

(a) a student may qualify for a grant for books, travel and other expenditure, a new part-time course grant or a grant for disabled part-time students’ living costs in respect of that academic year in accordance with this Part; and

(b) neither a grant for books, travel and other expenditure, a new part-time course grant or a grant for disabled part-time students’ living costs is available in respect of any academic year beginning before the academic year in which the relevant event occurred.

(4) The events are—

(a) the student’s course becomes a designated part-time 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 state of which the student is a national accedes to the European Union where the student has been ordinarily resident in the United Kingdom and Islands throughout the three year-period immediately preceding the first day of the first academic year of the course;

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

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

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

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

Designated part-time courses

83.—(1) Subject to paragraphs (2) and (3), a part-time course is designated for the purposes of section 22(1) of the 1998 Act and regulation 81 if—

(a) it is a course listed in Schedule 2;

(b) it is of at least one academic year’s duration;

(c) it is ordinarily possible to complete the course in not more than—

(i) twice the period ordinarily required to complete the full-time equivalent where the course begins before 1 September 2014; or

(ii) four times the period ordinarily required to complete the full-time equivalent where the course begins on or after 1 September 2014;

(d) it is wholly provided by a publicly funded educational institution in the United Kingdom or is provided by such institution in conjunction with an institution outside the United Kingdom;

(e) for a course beginning on or after 1 September 2017 it is substantially provided in the United Kingdom;

(f) for a course beginning on or after 1 September 2016 which falls within paragraph 1, 2, 4, 6, 7 or 8 of Schedule 2, it is a course leading to an award granted or to be granted by a body falling within section 214(2)(a) or (b) of the Education Reform Act 1988(81);

(g) it is not designated by or under regulation 5; and

(h) it is not designated by or under regulation 66.

(2) A course falling within paragraph 7 or 8 of Schedule 2 is not a designated part-time course where the governing body of a maintained school has arranged for the provision of such a course to a pupil of the school.

(3) A course that is taken as part of an employment–based teacher training scheme is not a designated part-time course.

(4) For the purposes of paragraph (1)—

(a) a course is provided by an institution if it provides the teaching and supervision which comprise the course, whether or not the institution has entered into an agreement with the student to provide the course;

(b) a university and any constituent college or institution in the nature of a college of a university is regarded as publicly funded if either the university or the constituent college or institution is publicly funded;

(c) an institution is not 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(82); and

(d) a course is substantially provided in the United Kingdom where at least half of the teaching and supervision which comprise the course is provided in the United Kingdom.

(5) For the purposes of paragraph (1)(c)—

(a) “full-time equivalent” (“cwrs llawnamser cyfatebol”) means a full-time course leading to the same qualification as the part-time course in question;

(b) the “period ordinarily required to complete the full-time equivalent” (“cyfnod y mae ei angen fel arfer i gwblhau’r cwrs llawnamser cyfatebol”) means—

(i) where the course is provided by or on behalf of the Open University, the period that a standard full-time student would require to complete the full-time equivalent if that student were awarded 120 credit points in each academic year;

(ii) where the course is provided by or on behalf of any other institution, the period in which a standard full-time student would complete the full-time equivalent;

(c) “standard full-time student” (“myfyriwr llawnamser safonol”) is a student who is to be taken—

(i) to have started the full-time equivalent on the same date as the eligible part-time student started the part-time course in question;

(ii) not to have been excused any part of the full-time equivalent;

(iii) not to have repeated any part of the full-time equivalent; and

(iv) not to have been absent from the full-time equivalent other than during vacations.

(6) For the purposes of section 22 of the 1998 Act and regulation 81(1) the Welsh Ministers may designate courses of higher education which are not designated under paragraph (1).

(7) For the purposes of this Part, a designated part-time course which begins on or after 1 September 2014 is treated as beginning before 1 September 2014 where—

(a) it is a designated part-time course to which a person transfers pursuant to regulation 102 from a previous designated part-time course which began before 1 September 2014; or

(b) it is a designated part-time course which is an end-on course following on from a designated part-time course which began before 1 September 2014.

(8) The Welsh Ministers may revoke or suspend the designation of a course which is designated under paragraph (6).

Period of eligibility

84.—(1) A student’s status as an eligible part-time student is retained in connection with a designated part-time course until that status terminates in accordance with this regulation or regulation 81.

(2) The period for which an eligible part-time student retains the status referred to in paragraph (1) is the “period of eligibility” (“cyfnod cymhwystra”).

(3) Subject to the following paragraphs and regulation 81, the period of eligibility terminates at the end of the academic year in which the eligible part-time student completes the eligible part-time student’s designated part-time course.

(4) The period of eligibility terminates when the eligible part-time student (“A” in this paragraph)—

(a) withdraws from A’s designated part-time course in circumstances where the Welsh Ministers have not transferred or converted or will not transfer or convert A’s status under regulation 102 or 103; or

(b) abandons or is expelled from A’s designated part-time course.

(5) The period of eligibility terminates at the end of the academic year during or at the end of which it becomes impossible for the eligible part-time student to complete the designated part-time course within the period specified in regulation 83(1)(c) even if the eligible part-time student increases the eligible part-time student’s intensity of study.

(6) The Welsh Ministers may terminate the period of eligibility where the eligible part-time student (“A” in this paragraph) has in the opinion of the Welsh Ministers shown by A’s conduct that A is unfitted to receive support under this Part.

(7) 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 under this Part;

(c) treat any support paid to the student as an overpayment which may be recovered under regulation 109.

(8) 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.

Support for part-time courses beginning before 1 September 2014 (fee grant and grant for books, travel and other expenditure)

85.—(1) For the purposes of this regulation, the support available in respect of a designated part-time course beginning before 1 September 2014 is—

(a) a grant in respect of fees not exceeding the lesser of the following amounts—

(i) the amount of basic fee grant (calculated in accordance with the following paragraphs); or

(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 £1,155 for books, travel and other expenditure in connection with the designated part-time course.

(2) The basic fee grant varies according to the intensity of study.

The intensity of study is calculated as follows and expressed as a percentage

where—

• PT is the number of modules, credits, credit points, points or other units to be awarded to the eligible part-time student by the academic authority if the eligible part-time student successfully completes the academic year in connection with which the eligible part-time student is applying for support under regulation 99;

• FT is—

(a)

where the course is provided by or on behalf of the Open University, 120;

(b)

where the course is provided by or on behalf of any other institution, the number of modules, credits, credit points, points or other units 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.

(b)

where the course is provided by or on behalf of any other institution, the number of modules, credits, credit points, points or other units 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 llawnamser cyfatebol”) and “standard full-time student” (“myfyriwr llawnamser safonol”) are to be interpreted in accordance with regulation 83; and

(b) “the period ordinarily required to complete the full-time equivalent” (“cyfnod y mae ei angen fel arfer i gwblhau’r cwrs llawnamser cyfatebol”) is to be calculated in accordance with regulation 83.

(4) The “basic fee grant” (“grant ffioedd sylfaenol”) is—

(a) £690 where the intensity of study is less than 60 per cent (“level 1”);

(b) £820 where the intensity of study is 60 per cent or more but less than 75 per cent (“level 2”);

(c) £1,025 where the intensity of study is 75 per cent or more (“level 3”).

(5) Subject to paragraph (6) and regulation 102(6), the amount of support payable under this regulation in respect of an academic year is as follows—

(a) if at the date of the application the eligible part-time student or the eligible part-time student’s partner is entitled—

(i) under Part VII of the Social Security Contributions and Benefits Act 1992 to income support or housing benefit;

(ii) under Part 1 of the Jobseekers Act 1995 to income-based jobseekers allowance;

(iii) under Part 1 of the Welfare Reform Act 2007 to an income-related employment and support allowance;

(iv) to universal credit; or

(v) to a reduction under a council tax reduction scheme,

the maximum amount of support available under paragraph (1) is payable;

(b) where the relevant income is less than £16,865, the maximum amount of support available under paragraph (1) is payable;

(c) where the relevant income is £16,865, the maximum amount of support available under paragraph (1)(b) is payable together with £50 less than the maximum amount of support available under paragraph (1)(a);

(d) where the relevant income exceeds £16,865 but is less than £25,435, the maximum amount of support available under paragraph (1)(b) is payable and the amount of support payable under paragraph (1)(a) is the amount determined in accordance with paragraph (6);

(e) where the relevant income is £25,435, the maximum amount of support available under paragraph (1)(b) is payable and the amount of support payable under paragraph (1)(a) is £50;

(f) where the relevant income exceeds £25,435 but is less than £26,095 the maximum amount of support available under paragraph (1)(b) is payable and no support is payable under paragraph (1)(a);

(g) where the relevant income is £26,095 or more but less than £28,180 no support is available under paragraph (1)(a) and the amount of support payable under paragraph (1)(b) is the amount left after deducting from the maximum amount of support available under paragraph (1)(b) £1 for every £1.886 by which the relevant income exceeds £26,095;

(h) where the relevant income is £28,180 no support is payable under paragraph (1)(a) and the amount of support payable under paragraph (1)(b) is £50;

(i) where the relevant income exceeds £28,180 no support is payable under paragraph (1).

(6) Where paragraph (5)(d) applies, the amount of support payable under paragraph (1)(a) is determined by deducting from the maximum amount of support available under paragraph (1)(a) one of the following amounts—

(a) £50 plus a further £1 for each complete £14.52, £11.90 or £9.26 by which the relevant income exceeds £16,865 according to whether the intensity of study is level 1, 2 or 3, respectively; or

(b) where the basic fee 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 fee grant and the actual fees (unless the amount is a negative number in which case the maximum amount of support available under paragraph (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 the eligible part-time student’s partner and any child for whom the eligible part-time student 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 under this Part;

(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—

(i) any payment made under section 110(6) of the Social Services and Well-being (Wales) Act 2014 or, as the case may be, section 23C(5A) of the Children Act 1989; and

(ii) 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 the person were the eligible part-time student’s spouse where an eligible part-time student is aged 25 or over on the first day of the academic year in respect of which the eligible part-time student is being assessed for support under this Part and where the eligible part-time student began the specified designated part-time course before 1 September 2005;

(iv) a person ordinarily living with an eligible part-time student as if the person were the eligible part-time student’s 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 the eligible part-time student’s financial resources in the preceding financial year less—

(i) £2,000 in respect of the eligible part-time student’s partner;

(ii) £2,000 in respect of the only or eldest child who is dependent on the eligible part-time student or the eligible part-time student’s partner; and

(iii) £1,000 in respect of each other child who is dependent on the eligible part-time student or the eligible part-time student’s 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 the eligible part-time student’s financial resources in the current financial year and that the difference between the two amounts is £1,000 or more, they must 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 the eligible part-time student’s 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 under this Part is the eligible part-time 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 under this Part or, where the student’s status as an eligible part-time student has been transferred to the present 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 1998 Act, the specified designated part-time course is the initial course.

(12) This regulation does not apply to a new eligible part-time student.

New part-time fee loan

86.—(1) An eligible part-time student who is a new eligible part-time student qualifies in accordance with this regulation for a new part-time fee loan in connection with the student’s attendance on, or undertaking of a designated part-time course.

(2) A new-part time fee loan is not available in respect of an academic year of a designated part-time course which is a bursary year or an Erasmus year.

(3) The maximum amount of new part-time fee loan available under this regulation to a new eligible part-time student in respect of an academic year of a designated part-time course provided by an institution in Wales is the lesser of—

(a) £2,625; or

(b) the fee payable by the student in respect of that academic year.

(4) The maximum amount of new part-time fee loan available under this regulation to a new eligible part-time student in respect of an academic year of a designated part-time course provided by a publicly funded institution in England, Scotland or Northern Ireland is the lesser of—

(a) £6,935; or

(b) the fee payable by the student in respect of that academic year.

(5) The maximum amount of new part-time fee loan available under this regulation to a new eligible part-time student in respect of an academic year of a designated part-time course provided by an institution in England, Scotland or Northern Ireland that is not publicly funded is the lesser of—

(a) £4,625; or

(b) the fee payable by the student in respect of that academic year.

(6) An eligible part-time student who is not a new eligible part-time student will not qualify for any support under this regulation.

(7) A new eligible part-time student does not qualify for a new part-time fee loan in relation to an academic year of a designated part-time course if the intensity of study during that year is less than 25 per cent.

(8) For the purposes of paragraph (7) the intensity of study during an academic year of a designated part-time course is to be calculated in accordance with regulation 85(2) and (3).

New part-time course grant

87.—(1) An eligible part-time student who is a new eligible part-time student qualifies in accordance with this regulation for a new part-time course grant for books, travel and other expenditure in connection with the student’s attendance on, or undertaking of a designated part-time course.

(2) A new eligible part-time student does not qualify for a new part-time course grant in relation to an academic year of a designated part-time course if the intensity of study during that year is less than 50 per cent.

(3) For the purposes of paragraph (2) the intensity of study during an academic year of a designated part-time course is to be calculated in accordance with regulation 85(2) and (3).

(4) The maximum amount of new part-time course grant for the purposes of paragraph (5) is £1,155.

(5) The amount of new part-time course grant payable to a new eligible part-time student in relation to an academic year of a designated part-time course is calculated as follows—

(a) the maximum amount of new part-time course grant is payable where at the date of the application for the grant, a new eligible part-time student or the new eligible part-time student’s partner is entitled—

(i) under Part VII of the Social Security Contributions and Benefits Act 1992 to income support or housing benefit;

(ii) under Part 1 of the Jobseekers Act 1995 to income-based jobseekers allowance;

(iii) under Part 1 of the Welfare Reform Act 2007 to an income-related employment and support allowance;

(iv) to universal credit; or

(v) to a reduction under a council tax reduction scheme;

(b) the maximum amount of new part-time course grant is payable where the relevant income is less than £26,095;

(c) where the relevant income is £26,095 or more but less than £28,180 the amount of new part-time course grant payable is the amount left after deducting from the maximum amount of new part-time course grant £1 for every £1.886 by which the relevant income exceeds £26,095;

(d) a new part-time course grant of £50 is payable where the relevant income is £28,180;

(e) a new part-time course grant is not available where the relevant income exceeds £28,180.

(6) For the purposes of this regulation—

(a) “child” (“plentyn”) in relation to a new eligible part-time student includes any child of the new eligible part-time student’s partner and any child for whom the new eligible part-time student 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 a new part-time course grant under this regulation;

(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 new 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—

(i) any payment made under section 110(6) of the Social Services and Well-being (Wales) Act 2014, or as the case may be, section 23C(5A) of the Children Act 1989; and

(ii) 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 a new eligible part-time student;

(ii) the civil partner of a new eligible part-time student;

(iii) a person ordinarily living with a new eligible part-time student as if the person were the new eligible part-time student’s spouse or civil partner;

(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 new eligible part-time student are separated; or

(ii) the person is ordinarily living outside the United Kingdom and is not maintained by the new 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 (7).

(7) Subject to paragraph (8), a new eligible part-time student’s relevant income is equal to the new eligible part-time student’s financial resources in the preceding financial year less—

(a) £2,000 in respect of the new eligible part-time student’s partner;

(b) £2,000 in respect of the only or eldest child who is dependent on the new eligible part-time student or the new eligible part-time student’s partner; and

(c) £1,000 in respect of each other child who is dependent on the new eligible part-time student or the new eligible part-time student’s partner.

(8) Where the Welsh Ministers are satisfied that a new eligible part-time student’s financial resources in the preceding financial year are greater than the new eligible part-time student’s financial resources in the current financial year and that the difference between the two amounts is £1,000 or more, they must assess that student’s resources by reference to those resources in the current financial year.

(9) In this regulation a new eligible part-time student’s financial resources in a financial year means the aggregate of the new eligible part-time student’s 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 a new part-time course grant is the new eligible part-time student’s partner.

(10) Subject to paragraph (11), a new eligible part-time student does not qualify for a new part-time course grant if the new eligible part-time student is a prisoner.

(11) Paragraph (10) does not apply in respect of an academic year during which the new eligible part-time student enters prison or is released from prison.

Grants for disabled part-time students’ living costs

88.—(1) An eligible part-time student qualifies in accordance with this regulation for a grant for disabled part-time students’ living costs to assist with the additional expenditure which the Welsh Ministers are satisfied the student is obliged to incur in connection with the eligible part-time student undertaking a designated part-time course by reason of a disability to which the eligible part-time student is subject.

(2) Subject to paragraph (3), the amount of grant for which an eligible part-time student qualifies under this regulation is the amount that the Welsh Ministers consider appropriate.

(3) The amount of the grant must not exceed—

(a) £15,885 in respect of an academic year for expenditure on a non-medical personal helper;

(b) £5,332 in respect of all the academic years during the period of eligibility for expenditure on major items of specialist equipment;

(c) the additional expenditure incurred—

(i) within the United Kingdom for the purpose of attending the institution;

(ii) within or outside the United Kingdom for the purpose of attending, as a part of the eligible part-time student’s course, any period of study at an overseas institution or for the purpose of attending the Institute;

(d) £1,338 in respect of an academic year for any other expenditure including expenditure incurred for the purposes referred to in sub-paragraph (a) or (b) which exceeds the specified maxima.

(4) Subject to paragraphs (5) and (6), a grant for disabled part-time students’ living costs is payable to an eligible part-time student in respect of the four quarters of the academic year.

(5) Where a grant for disabled part-time students’ living costs is used for expenditure on major items of specialist equipment (within the meaning of paragraph (3)(b)) it may be payable in respect of the whole academic year.

(6) Where regulation 82(3) applies, an eligible part-time student may only qualify for a grant for disabled part-time students’ living costs for the purposes specified in paragraph (3)(a), (c) and (d) in respect of such quarters as begin after the relevant event in regulation 82(4) occurs.

(7) Subject to paragraph (8), a new eligible part-time student does not qualify for a grant for disabled part-time students’ living costs if the new eligible part-time student is a prisoner.

(8) Paragraph (7) does not apply in respect of an academic year during which the new eligible part-time student enters prison or is released from prison.

(9) An eligible part-time student who is not a new eligible part-time student does not qualify for a grant for disabled part-time students’ living costs in relation to an academic year of a designated part-time course if the intensity of study during that year is less than 50 per cent.

(10) A new eligible part-time student does not qualify for a grant for disabled part-time students’ living costs in relation to an academic year of a designated part-time course if the intensity of study during that year is less than 25 per cent.

(11) For the purposes of paragraphs (9) and (10) the intensity of study during an academic year of a designated part-time course is to be calculated in accordance with regulation 85(2) and (3).

Part-time grants for dependants – general

89.—(1) An eligible part-time student qualifies for part-time grants for dependants provided that—

(a) the part-time student is not excluded from qualification by any of the following paragraphs, regulation 81 or regulation 84; and

(b) the part-time student satisfies the qualifying conditions for the particular grant for which the student is applying.

(2) Subject to paragraph (5), an eligible part-time student does not qualify for part-time grants for dependants if the eligible part-time student is a prisoner.

(3) An eligible part-time student who is a new eligible part-time student does not qualify for part-time grants for dependants in relation to an academic year of a designated part-time course if the intensity of study during that year is less than 50 per cent.

(4) For the purposes of paragraph (3) the intensity of study during an academic year of a designated part-time course is to be calculated in accordance with regulation 85(2) and (3).

(5) Paragraph (2) does not apply in respect of an academic year during which the eligible part-time student enters prison or is released from prison.

90.—(1) The part-time grants for dependants consist of the following elements—

(a) part-time adult dependants’ grant;

(b) part-time childcare grant;

(c) part-time parents’ learning allowance.

(2) The qualifying conditions for each element are set out in regulations 91 to 98 and the amounts payable in respect of each element are determined in accordance with those regulations.

(3) A deduction may be made from any element of the part-time grants for dependants in accordance with regulations 96 and 97.

Part-time adult dependants’ grant

91.—(1) An eligible part-time student qualifies for a part-time adult dependants’ grant in connection with the eligible part-time student’s attendance on a designated part-time course in accordance with this regulation.

(2) The part-time adult dependants’ grant is available in respect of one dependant of an eligible part-time student who is either—

(a) the eligible part-time student’s partner; or

(b) an adult dependant of the eligible part-time student whose net income for the relevant year does not exceed £3,923.

(3) The amount of part-time adult dependants’ grant payable in respect of an academic year is calculated in accordance with regulations 94 and 96 to 98, the basic amount being—

(a) £2,732; or

(b) where the person in respect of whom the eligible part-time student is applying for part-time adult dependants’ grant is ordinarily resident outside the United Kingdom, such amount not exceeding £2,732 as the Welsh Ministers consider reasonable in the circumstances.

Part-time childcare grant

92.—(1) An eligible part-time student qualifies, in connection with the eligible part-time student’s attendance on a designated part-time course, for a part-time childcare grant in accordance with this regulation.

(2) Subject to paragraphs (3), (4) and (5), the part-time childcare grant is available in respect of an academic year in which the eligible part-time student incurs prescribed childcare charges for—

(a) a dependent child who is under the age of 15 immediately before the beginning of the academic year, including a dependent child who is born after the beginning of the academic year; or

(b) a dependent child who has special educational needs within the meaning of section 312 of the Education Act 1996(83) and is under the age of 17 immediately before the beginning of the academic year, including a dependent child who is born after the beginning of the academic year.

(3) An eligible part-time student does not qualify for a grant under this regulation if—

(a) the eligible part-time student or the eligible part-time student’s partner has elected to receive the childcare element of the working tax credit under Part I of the Tax Credits Act 2002(84);

(b) is entitled to an award of universal credit which includes an amount under regulation 31 of the Universal Credit Regulations 2013 (childcare costs element); or

(c) the eligible part-time student’s partner is entitled to receive financial support for childcare under a healthcare bursary.

(4) An eligible student does not qualify for a grant under this regulation during any entitlement period for which an eligible student or an eligible student’s partner has made a valid declaration of eligibility under the Childcare Payments Act 2014 in relation to any child.

(5) An eligible part-time student does not qualify for a grant under this regulation if the prescribed childcare charges that the eligible part-time student incurs are paid or to be paid by the student to the eligible part-time student’s partner.

(6) Subject to paragraphs (7), (8) and (9), regulation 94 and regulations 96 to 98, the basic amount of childcare grant for each week is—

(a) for one dependent child, 85 per cent of the prescribed childcare charges, subject to a maximum amount of £161.50 per week; or

(b) for two or more dependent children, 85 per cent of the prescribed childcare charges, subject to a maximum amount of £ 274.55 per week,

except that the eligible part-time student does not qualify for any such grant in respect of each week falling within the period between the end of the course and the end of the academic year in which the course ends.

(7) For the purposes of calculating the basic amount of part-time childcare grant—

(a) a week runs from Monday to Sunday; and

(b) where a week in respect of which prescribed childcare charges are incurred falls partly within and partly outside the academic year in respect of which part-time childcare grant is payable under this regulation, the maximum weekly amount of grant is calculated by multiplying the relevant maximum weekly amount in paragraph (6) by the number of days of that week falling within the academic year and dividing the product by seven.

(8) Where an eligible part-time student’s application for a part-time childcare grant does not identify a childcare provider, the Welsh Ministers may—

(a) limit the amount of part-time childcare grant paid to the student to 85 per cent of the prescribed childcare charges up to a maximum of £115 per week; and

(b) limit the payment of the part-time childcare grant to one quarter of the academic year.

(9) The Welsh Ministers may continue to limit the part-time childcare grant in accordance with paragraph (8) until such a time as the eligible part-time student submits to them details of the childcare provider.

Part-time parents’ learning allowance

93.—(1) An eligible part-time student qualifies in connection with the student’s attendance on a designated part-time course for the part-time parents’ learning allowance if the student has one or more dependants who are dependent children.

(2) The amount of part-time parents’ learning allowance payable in respect of an academic year is calculated in accordance with regulations 94 and 96 to 98, the basic amount being £1,557.

Part-time grants for dependants – initial calculations

94.—(1) Subject to the following paragraphs and regulations 96 to 98, the amount payable in respect of a particular element of the part-time grants for dependants for which the eligible part-time student qualifies is the amount of that element remaining after applying, until it is extinguished, an amount equal to as follows and in the following order—

(a) to reduce the basic amount of the part-time adult dependants’ grant where the eligible part-time student qualifies for that element under regulation 91;

(b) to reduce the basic amount of the part-time childcare grant for the academic year where the eligible part-time student qualifies for that element under regulation 92; and

(c) to reduce the basic amount of the part-time parents’ learning allowance where the eligible part-time student qualifies for that element under regulation 93.

(2) In this regulation and subject to paragraph (11)—

A is the aggregate of—

(a)

the residual income of the eligible part-time student’s partner for the prior financial year;

(b)

the residual income of the eligible part-time student’s adult dependant for the prior financial year; and

(c)

subject to paragraphs (3), (4) and (5), the net income of the eligible part-time student’s dependent children for the prior financial year; and

B is—

(a)

£1,159 where the eligible part-time student has no dependent child;

(b)

£3,473 where the eligible part-time student is not a lone parent and has one dependent child;

(c)

£4,632 where the eligible part-time student—

(i)

is not a lone parent and has more than one dependent child; or

(ii)

is a lone parent and has one dependent child;

(d)

£5,797 where the eligible part-time student is a lone parent and has more than one dependent child.

(3) Where the Welsh Ministers are satisfied that the net income of the eligible part-time student’s dependent children in the financial year beginning immediately before the relevant year (“the current financial year”) is likely to be not more than 85 per cent of the sterling value of their net income in the prior financial year the Welsh Ministers may, for the purposes of enabling the eligible part-time student to attend the course without hardship, ascertain the dependent children’s net income for the current financial year.

(4) In the event that paragraph (3) or this paragraph is applied in respect of the previous academic year of the present course and the Welsh Ministers are satisfied that the net income of the eligible part-time student’s dependent children in the financial year beginning immediately before the relevant year (“the current financial year”) is likely to be not more than 85 per cent of the sterling value of their net income in the previous financial year the Welsh Ministers may, for the purposes of enabling the eligible part-time student to attend the course without hardship, ascertain the dependent children’s net income for the current financial year.

(5) In an academic year immediately following one in which the Welsh Ministers have ascertained the eligible part-time student’s dependent children’s net income for the current financial year under paragraph (3), or where applicable under paragraph (4), the Welsh Ministers must ascertain the dependant children’s net income in the preceding financial year.

(6) Subject to paragraphs (8), (9) and (16), where B is greater than or equal to A, the basic amount of each element of the part-time grants for dependants for which the eligible part-time student qualifies is payable.

(7) Where is equal to or exceeds the aggregate of the basic amounts of the elements of the part-time grants for dependants for which the eligible part-time student qualifies, the amount payable in respect of each element is nil.

(8) The amount of the part-time adult dependants’ grant calculated under paragraph (1) in respect of an adult dependant is reduced by one half where—

(a) the eligible part-time student’s partner—

(i) is an eligible part-time student; or

(ii) holds a statutory award; and

(b) account is taken of that partner’s dependants in calculating the amount of support for which that partner qualifies or the payment to which that partner is entitled under the statutory award.

(9) The amount of the part-time childcare grant calculated under paragraph (1) is reduced by one half where—

(a) the eligible part-time student’s partner—

(i) is an eligible part-time student; or

(ii) holds a statutory award; and

(b) account is taken of that partner’s dependants in calculating the amount of support for which that partner qualifies or the payment to which that partner is entitled under the statutory award.

(10) Where the amount of the part-time parents’ learning allowance calculated under paragraph (1) is £0.01 or more but less than £50, the amount of part-time parents’ learning allowance payable is £50.

(11) Paragraphs (12) to (15) apply where, in the course of the academic year, any of the following occurs—

(a) there is a change in the number of the eligible part-time student’s dependants;

(b) a person becomes or ceases to be a dependant of the eligible part-time student;

(c) the eligible part-time student becomes or ceases to be a lone parent;

(d) a student becomes an eligible part-time student as a result of an event referred to in regulation 82(4)(a), (b), (e), (f), (g), (h) or (i).

(12) For the purposes of determining the respective values of A and B and whether part-time adult dependants’ grant or part-time parents’ learning allowance is payable, the Welsh Ministers must determine the following in relation to each relevant quarter by reference to the eligible part-time student’s circumstances in the relevant quarter—

(a) how many dependants the eligible part-time student is to be treated as having;

(b) who those dependants are;

(c) whether the eligible part-time student is to be treated as a lone parent.

(13) The amount of part-time grants for dependants for the academic year is the aggregate of the amounts of part-time adult dependants’ grant and part-time parents’ learning allowance calculated in respect of each relevant quarter under paragraph (14) and the amount of any part-time childcare grant for the academic year.

(14) The amount of part-time adult dependants’ grant and part-time parents’ learning allowance in respect of a relevant quarter is one third of what that grant or allowance would be for the academic year if the eligible part-time student’s circumstances in the relevant quarter as determined under paragraph (12) applied for the duration of the academic year.

(15) In this regulation, a “relevant quarter” (“chwarter perthnasol”) means—

(a) in the case of a person referred to in paragraph (11)(d), a quarter which begins after the relevant event occurs other than a quarter during which, in the opinion of the Welsh Ministers, the longest of any vacation occurs;

(b) otherwise, a quarter other than the one quarter during which, in the opinion of the Welsh Ministers, the longest of any vacation occurs.

(16) A deduction may be made in accordance with regulations 96 and 97 from the amount payable in respect of a particular element of the part-time grants for dependants calculated under this Part.

Part-time grants for dependants - interpretation

95.—(1) In regulations 89 to 94—

(a) subject to paragraph (4), “adult dependant” (“dibynnydd mewn oed”) means, in relation to an eligible part-time student, an adult person dependent on the eligible part-time student other than the eligible part-time student’s child, the eligible part-time student’s partner (including a spouse or civil partner from whom the Welsh Ministers consider the eligible part-time student is separated) or the eligible part-time student’s former partner;

(b) “child” (“plentyn”) in relation to an eligible part-time student includes any child of the eligible part-time student’s partner who is dependent on the eligible part-time student and any child for whom the eligible part-time student has parental responsibility who is dependent on the eligible part-time student;

(c) “dependant” (“dibynnydd”) means, in relation to an eligible part-time student, the eligible part-time student’s partner, the eligible part-time student’s dependent child or an adult dependant, who in each case is not an eligible student and does not hold a statutory award;

(d) “dependent” (“dibynnol”) means wholly or mainly financially dependent;

(e) “dependent child” (“plentyn dibynnol”) means, in relation to an eligible part-time student, a child dependent on the eligible part-time student;

(f) “financial year” (“blwyddyn ariannol”) means the period of twelve months in respect of which the income of a dependant (whose income is calculated under regulations 89 to 94) is computed for the purposes of the income tax legislation which applies to it;

(g) “lone parent” (“rhiant unigol”) means an eligible part-time student who does not have a partner and who has a dependent child;

(h) “Member State” (“Aelod-wladwriaeth”) means a Member State of the European Union;

(i) “net income” (“incwm net”) has the meaning given in paragraph (6);

(j) subject to sub-paragraphs (p), (q), (r) and paragraphs (3) and (4) “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 the person were the eligible part-time student’s spouse where an eligible part-time student is aged 25 or over on the first day of the academic year in respect of which household income falls to be assessed for the purposes of Schedule 6 and began the designated part-time course on or after 1 September 2000;

(iv) a person ordinarily living with an eligible part-time student as if the person were the eligible part-time student’s civil partner where an eligible part-time student is aged 25 or over on the first day of the academic year in respect of which household income falls to be assessed for the purposes of Schedule 6 and began the designated part-time course on or after 1 September 2005;

(k) “preceding financial year” (“blwyddyn ariannol flaenorol”) means the financial year immediately preceding the relevant year;

(l) “prior financial year” (“blwyddyn ariannol gynharach”) means the financial year immediately preceding the preceding financial year;

(m) “relevant year” (“blwyddyn berthnasol”) means the academic year of the present course in respect of which the eligible part-time student’s dependant’s income falls to be assessed;

(n) “residual income” (“incwm gweddilliol”) means taxable income after the application of paragraph (10) (in the case of an eligible part-time student’s partner) or paragraph (11) (in the case of an eligible part-time student’s adult dependant);

(o) “taxable income” (“incwm trethadwy”) means, in respect of the prior financial year—

(i) the total income on which a person is charged to income tax as determined at Step 1 of the calculation in section 23 of the Income Tax Act 2007(85), together with any payments and other benefits mentioned in section 401(1) of the Income Tax (Earnings and Pensions) Act 2003(86) (ignoring section 401(2) of that Act), received or treated as received by a person, to the extent that they are not a component of the total income on which a person is charged to income tax;

(ii) a person’s total income from all sources as determined for the purposes of the income tax legislation of another Member State which applies to the person’s income; or

(iii) where the legislation of more than one Member State applies to the period, a person’s total income from all sources as determined for the purposes of the income tax legislation under which the Welsh Ministers consider that a person’s total income in that period is greatest,

except that no account is taken of the income referred to in paragraph (2) which is paid to another party—

(a) unless otherwise indicated, a person who would otherwise be a partner under sub-paragraph (j) 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;

(b) for the purposes of the definition of “adult dependant” (“dibynnydd mewn oed”), a person is to be treated as a partner if the person would be a partner under sub-paragraph (j) but for the fact that the eligible part-time student with whom the person is ordinarily living is not aged 25 or over on the first day of the academic year in respect of which household income falls to be assessed for the purposes of Schedule 6;

(c) for the purposes of the definitions of “child” (“plentyn”) and “lone parent” (“rhiant unigol”), a person is to be treated as a partner if the person would be a partner under sub-paragraph (j) but for the date on which the eligible part-time student began the specified designated part-time course or the fact that the eligible part-time student with whom the person is ordinarily living is not aged 25 or over on the first day of the academic year in respect of which household income falls to be assessed for the purposes of Schedule 6.

(2) The income referred to in this paragraph is any benefits under a pension arrangement pursuant to an order made under section 23 of the Matrimonial Causes Act 1973 which includes provision made by virtue of sections 25B(4) and 25E(3) of that Act or pension benefits under Part 1 of Schedule 5 to the Civil Partnership Act 2004 which includes provision made by virtue of Parts 6 and 7 of that Schedule.

(3) For the purposes of regulation 92—

(a) paragraph (1)(p) does not apply; and

(b) a person is to be treated as a partner if the person would be a partner under paragraph (1)(j) but for the fact that the eligible part-time student with whom the person is ordinarily living is not aged 25 or over on the first day of the academic year in respect of which household income falls to be assessed for the purposes of Schedule 6.

(4) For the purposes of determining whether a person is the former partner of an eligible part-time student’s partner, “partner” (“partner”) in relation to an eligible part-time student’s partner means—

(a) the spouse of an eligible part-time student’s partner;

(b) the civil partner of an eligible part-time student’s partner;

(c) where the eligible part-time student began the specified designated part-time course on or after 1 September 2000, a person (“A”) ordinarily living with an eligible part-time student’s partner (“B”) as if A were B’s spouse;

(d) where the eligible part-time student began the specified designated part-time course on or after 1 September 2005, a person (“A”) ordinarily living with an eligible part-time student’s partner (“B”) as if A were B’s civil partner.

(5) Subject to paragraph (6), for the purposes of the definitions of “adult dependant” (“dibynnydd mewn oed”) and “dependent child” (“plentyn dibynnol”), the Welsh Ministers may treat an adult person or child as dependent on an eligible part-time student if they are satisfied that the adult person or child—

(a) is not dependent on only—

(i) the eligible part-time student; or

(ii) the eligible part-time student’s partner; but

(b) is dependent on the eligible part-time student and the eligible part-time student’s partner together.

(6) The Welsh Ministers must not treat an adult person (“A”) as dependent on an eligible part-time student in accordance with paragraph (5), if A is—

(a) the spouse or civil partner of the eligible part-time student’s partner (including a spouse or civil partner from whom the Welsh Ministers consider the eligible part-time student’s partner is separated); or

(b) the former partner of the eligible part-time student’s partner.

(7) A dependant’s net income is the dependant’s income from all sources (for the relevant year for the purposes of regulation 91(2)(b) and for the prior financial year for the purposes of regulation 94(2)) for the academic year in question reduced by the amount of income tax and social security contributions payable in respect of it but disregarding—

(a) any pension, allowance or other benefit paid by reason of a disability or incapacity to which the dependant is subject;

(b) child benefit payable under Part IX of the Social Security Contributions and Benefits Act 1992(87);

(c) any financial support payable to the dependant by a local authority in accordance with regulations made under sections 2, 3 and 4 of the Adoption and Children Act 2002(88);

(d) any guardian’s allowance to which the dependant is entitled under section 77 of the Social Security Contributions and Benefits Act 1992;

(e) in the case of a dependant with whom a child being looked after by a local authority is boarded out, any payment made to that dependant in pursuance of section 23 of the Children Act 1989(89) or section 81 of the Social Services and Well-being (Wales) Act 2014;

(f) any payment made to the dependant under section 110(6) of the Social Services and Well-being (Wales) Act 2014 or, as the case may be, section 23C(5A) of the Children Act 1989;

(g) any payments made to the dependant under section 15 of and Schedule 1 to the Children Act 1989 in respect of a person who is not the dependant’s child or any assistance given by a local authority pursuant to section 24 of that Act(90) or section 104 of the Social Services and Well-being (Wales) Act 2014 in so far as that section applies to category 5 and 6 young persons within the meaning of that Act;

(h) any child tax credit to which the dependant is entitled under Part I of the Tax Credits Act 2002(91); and

(i) in the case of a dependant who is entitled to an award of universal credit—

(i) any amount that is included in the calculation of the award under regulation 27(1) of the Universal Credit Regulations 2013, in respect of the fact that the dependant has limited capability for work or limited capability for work and work-related activity; and

(ii) any amount or additional amount that is included in the calculation of the award under regulation 24 of those Regulations (the child element).

(8) Where an eligible part-time student or the eligible part-time student’s partner makes any recurrent payments which were previously made by the eligible part-time student in pursuance of an obligation incurred before the first academic year of the eligible part-time student’s course, the eligible part-time student’s partner’s residual income is reduced by—

(a) an amount equal to the payments in question for the academic year, if in the opinion of the Welsh Ministers, the obligation had been reasonably incurred; or

(b) such lesser amount, if any, as the Welsh Ministers consider appropriate if, in their opinion, a lesser obligation could reasonably have been incurred.

(9) For the purposes of paragraph (6), where the dependant is a dependent child and payments are made to the eligible part-time student towards the dependent child’s maintenance, those payments are to be treated as the dependent child’s income.

(10) An eligible part-time student’s partner’s residual income is determined in accordance with paragraph 4 of Schedule 6.

(11) An eligible part-time student’s adult dependant’s residual income is determined in accordance with paragraph 4 of Schedule 6 (other than sub-paragraphs (8), (9) or (10) of paragraph 4) with references to the eligible part-time student’s partner being construed as references to the eligible part-time student’s adult dependant.

Part-time grants for dependants - calculation of contribution

96.—(1) An eligible part-time student’s contribution in respect of an academic year and part-time dependants’ grants payable in respect of that year is the amount, if any, calculated under Schedule 6.

(2) The Welsh Ministers may require an eligible part-time student to provide from time to time such information as they consider necessary as to the income of any person whose means are relevant to the assessment of the student’s contribution.

Part-time grants for dependants - application of contribution

97.—(1) An amount equal to the contribution or the remainder of the contribution, as the case may be, calculated under Schedule 6, is to be applied until it is extinguished against the amount of the particular element of part-time grants for dependants for which the eligible part-time student qualifies as follows—

(a) first, to reduce PTADG;

(b) second, to reduce PTCCG;

(c) third, to reduce PTPLA.

(2) In this regulation—

(a) PTADG is the amount, if any, of the part-time adult dependants’ grant calculated in accordance with regulation 94;

(b) PTCCG is the amount, if any, of the part-time childcare grant calculated in accordance with regulation 94;

(c) PTPLA is the amount, if any, of the part-time parents’ learning allowance calculated in accordance with regulation 94 (except the first £50 of the allowance).

Part-time grants for dependants – final calculation

98.—(1) The amount payable in respect of a particular element of the part-time grants for dependants is determined in accordance with this regulation.

(2) The amount payable varies according to the intensity of study.

• The intensity of study is calculated as follows and expressed as a percentage:

  

where PT and FT have the meanings given by regulation 85(2) and (3).

(3) In the case of part-time adult dependants’ grant, where the intensity of study is—

(a) 50 per cent or more but less than 60 per cent, the amount payable is equal to 50 per cent of the resulting amount;

(b) 60 per cent or more but less than 75 per cent, the amount payable is equal to 60 per cent of the resulting amount;

(c) 75 per cent or more, the amount payable is equal to 75 per cent of the resulting amount.

(4) For the purposes of paragraph (3), “the resulting amount” (“y swm sy’n deillio o hyn”) means the amount of part-time adult dependants’ grant determined in accordance with regulation 94 with deductions (if any) having been applied in accordance with regulation 97.

(5) In the case of part-time childcare grant, where the intensity of study is—

(a) 50 per cent or more but less than 60 per cent, the amount payable is equal to 50 per cent of the resulting amount;

(b) 60 per cent or more but less than 75 per cent, the amount payable is equal to 60 per cent of the resulting amount;

(c) 75 per cent or more, the amount payable is equal to 75 per cent of the resulting amount.

(6) For the purposes of paragraph (5), “the resulting amount” (“y swm sy’n deillio o hyn”) means the amount of part-time childcare grant determined in accordance with regulation 94 with deductions (if any) having been applied in accordance with regulation 97.

(7) In the case of part-time parents’ learning allowance, where the intensity of study is—

(a) 50 per cent or more, but less than 60 per cent, the amount payable is equal to 50 per cent of the resulting amount;

(b) 60 per cent or more but less than 75 per cent, the amount payable is equal to 60 per cent of the resulting amount;

(c) 75 per cent or more, the amount payable is equal to 75 per cent of the resulting amount.

(8) For the purposes of paragraph (7), “the resulting amount” (“y swm sy’n deillio o hyn”) means the amount of part-time parents’ learning allowance determined in accordance with regulation 94 with deductions (if any) having been applied in accordance with regulation 97.

(9) No element of part-time grants for dependants is payable where the intensity of study is less than 50 per cent.

Applications for support

99.—(1) A person must apply for support in connection with each academic year of a designated part-time course by completing and submitting to the Welsh Ministers an application in such form as the Welsh Ministers may require.

(2) The application must be accompanied by—

(a) a declaration under regulation 101(2) to (6) completed by the academic authority; and

(b) such additional documentation as the Welsh Ministers may require.

(3) Subject to paragraph (4), the application must reach the Welsh Ministers within a period of nine months beginning with the first day of the academic year of the course in respect of which it is submitted.

(4) Paragraph (3) does not apply where—

(a) one of the events listed in regulation 82(4) occurs after the first day of the academic year in respect of which the applicant is applying for support under this Part, in which case the application must reach the Welsh Ministers within a period of nine months beginning with the day on which the event occurred;

(b) the applicant is applying for a grant for disabled part-time students’ living costs, in which case the application must reach the Welsh Ministers as soon as is reasonably practicable; or

(c) the Welsh Ministers consider that having regard to the circumstances of the particular case the time limit should be relaxed, in which case the application must reach the Welsh Ministers not later than such date as they specify.

(5) The Welsh Ministers may take such steps and make such inquiries as they consider necessary to determine whether the applicant is an eligible part-time student, whether the applicant qualifies for support under this Part and the amount of support payable, if any.

(6) The Welsh Ministers must notify the applicant in writing of whether or not the applicant qualifies for support under this Part and, if the applicant does qualify, the amount of support payable in respect of the academic year, if any.

Assistance with fees in respect of attendance on part-time courses in England, Northern Ireland or Scotland beginning before 1 September 2014

100.—(1) The Welsh Ministers may pay support under this Part to assist with fees to an eligible part-time student in connection with the eligible part-time student’s attendance on a designated part-time course beginning before 1 September 2014 in England, Northern Ireland or Scotland.

(2) The support paid under paragraph (1) must not exceed the lesser of—

(a) the maximum amount of support that would have been payable to the eligible part-time student under regulation 85(1)(a) had the eligible part-time student been undertaking the course in Wales; and

(b) the maximum amount of support to assist with fees that in the opinion of the Welsh Ministers would have been payable to the eligible part-time student according to whether the eligible part-time student attends the designated part-time course in England, Northern Ireland or Scotland—

(i) pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act had the eligible part-time student been ordinarily resident in England and undertaking the part-time course in England;

(ii) pursuant to regulations made under Articles 3 and 8(4) of the Education (Student Support) (Northern Ireland) Order 1998 had the eligible part-time student been ordinarily resident in Northern Ireland and undertaking the part-time course in Northern Ireland; or

(iii) from funds of the Scottish Further and Higher Education Funding Council(92) had the eligible part-time student been ordinarily resident in Scotland and undertaking the part-time course in Scotland.

Information and other matters

101.—(1) Schedule 3 applies in respect of the provision of information by an applicant and an eligible part-time student.

(2) Subject to paragraph (3), the appropriate academic authority must, on the request of the applicant, complete a declaration in such form as may be required by the Welsh Ministers to accompany the application for support under regulation 99.

(3) An academic authority is not required to complete a declaration if it is unable to give the confirmation required by paragraph (4)(a)(ii) or (4)(b)(ii).

(4) In this Part, “declaration” (“datganiad”) means—

(a) where the applicant is applying for support in connection with the designated part-time course beginning before 1 September 2014 for the first time, a statement that—

(i) provides the course information; and

(ii) confirms that the applicant has undertaken at least two weeks of the designated part-time course;

(b) in any other case where the applicant is applying for support in connection with a designated part-time course beginning before 1 September 2014, a statement that—

(i) provides the course information; and

(ii) confirms that the applicant has enrolled to undertake the academic year of the designated part-time course in respect of which the applicant is applying for support under this Part;

(c) where the applicant is applying for support in connection with a designated part-time course beginning on or after 1 September 2014, a statement that—

(i) provides the course information; and

(ii) confirms that the applicant has undertaken at least two weeks of the designated part-time course in the academic year of that course in respect of which the applicant is applying for support under this Part.

(5) In this regulation, “course information” (“gwbodaeth am y cwrs”) means—

(a) the amount of fees being charged in respect of the academic year in respect of which the applicant is applying for support under this Part;

(b) the intensity of study;

(c) certification by the academic authority that it considers—

(i) the course to be a designated part-time course;

(ii) that it will be possible for the applicant to complete the course within the period specified in regulation 83(1)(c).

(6) For the purposes of paragraph (5)(c)(ii) the academic authority must have regard to—

(a) any increase in intensity of study that would be required for the applicant to complete the course within the period specified in regulation 83(1)(c);

(b) any parts of the course which the applicant has been required to repeat.

(7) An academic authority must notify the Welsh Ministers as soon as is reasonably practicable when any one of the following events occurs—

(a) an eligible part-time student ceases to attend or undertake a designated part-time course during the academic year in respect of which the student is claiming support under this Part and the academic authority has determined or agreed that the student will not return during that academic year;

(b) changes are made or occur to any of the course information submitted as part of a declaration under paragraphs (2) to (6).

(8) Where an academic authority gives notice to the Welsh Ministers under paragraph (7), the academic authority must also provide the Welsh Ministers with such further information as the Welsh Ministers may require in relation to the relevant event in paragraph (7).

(9) For the purposes of paragraph (8) “relevant event” (“digwyddiad perthnasol”) means the event or events under paragraph (7) which form the subject of the notice given under paragraph (7).

Transfer of status

102.—(1) Where an eligible part-time student transfers from a designated part-time course to another designated part-time course, the Welsh Ministers must transfer the student’s status as an eligible part-time student to that other course where—

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

(b) they are satisfied that one or more of the grounds for transfer in paragraph (2) applies; and

(c) the period of eligibility has not terminated.

(2) The grounds for transfer are—

(a) the eligible part-time student starts to undertake another designated part-time course at the same institution;

(b) the eligible part-time student starts to undertake a designated part-time course at another institution; or

(c) after commencing a designated part-time course for a first degree (other than an honours degree) the eligible part-time student is, before the completion of that course, admitted to a designated part-time course for an honours degree in the same subject at the same institution.

(3) Subject to paragraph (4), an eligible part-time student who transfers under paragraph (1) is entitled, for the remainder of the academic year in which the eligible part-time student transfers, to continue to receive in connection with the course to which the eligible part-time student transfers the support under this Part for which the Welsh Ministers have determined the eligible part-time student qualifies in respect of the course from which the eligible part-time student transfers.

(4) The Welsh Ministers may re-assess the amount of support payable after the transfer in accordance with this Part.

(5) An eligible part-time student who transfers under paragraph (1) after the Welsh Ministers have determined the eligible part-time student’s support under this Part in connection with the academic year of the course from which the eligible part-time student is transferring but before the eligible part-time student completes that year may not apply for another grant under regulation 85(1)(b), regulation 87, regulation 88 or regulations 89 to 98 in connection with the academic year of the course to which the eligible part-time student transfers.

(6) Where an eligible part-time student transfers under paragraph (1) from a designated part-time course beginning before 1 September 2014, the maximum amount of support under regulation 85(1)(a) in respect of the academic year of the course to and from which the eligible part-time student transfers is the amount of support with fees available in connection with the course which has the highest intensity of study as defined in regulation 85.

(7) Where a new eligible part-time student transfers under paragraph (1) from a designated part-time course beginning on or after 1 September 2014, the maximum amount of new part-time fee loan available under regulation 86 in respect of the academic year of the course to and from which the new eligible part-time student transfers is the amount available in connection with the course which attracts the highest amount of new part-time fee loan in accordance with regulation 86(3) to (5).

Conversion of status

103.—(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 the eligible student 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 eligible student transfers to a part-time course in the same subject leading to the same qualification at the same institution, the part-time course is treated as satisfying regulation 83(1)(b) and (c) if—

(a) the period of part-time study to be undertaken by that student is of at least one academic year’s duration; and

(b) in relation to a transfer to a designated part-time course beginning before 1 September 2014, it is possible to complete the remainder of the designated course from which that student transfers in not more than twice the period ordinarily required to complete that designated course; or

(c) in relation to a transfer to a designated part-time course beginning on or after 1 September 2014, it is possible to complete the remainder of the designated course from which that student transfers in not more than four times the period ordinarily required to complete that designated course.

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

(a) where the Welsh Ministers have determined to pay an amount of grant to that 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 that student became an eligible part-time student;

(b) the maximum amount of grant to which that student would, apart from this regulation, be entitled pursuant to regulation 88 in connection with that student undertaking a designated part-time course in respect of that academic year is reduced by one third where that student became an eligible part-time student during the second quarter of the academic year and by two thirds where that student became an eligible part-time 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 that student pursuant to regulation 88 for that purpose is reduced (or, where sub-paragraph (b) applies, further reduced) by the amount of grant paid to that student 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 that student became an eligible part-time student that student 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 that student was entitled, that student may apply for such a loan or such additional amount of loan as if that student 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 or allowance to that 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 that student becomes an eligible part-time student;

(f) the maximum amount of part-time grants for dependants to which that student would, apart from this regulation, be entitled pursuant to regulations 89 to 98 in connection with that student undertaking a designated part-time course in respect of that academic year is reduced by one third where that student became an eligible part-time student during the second quarter of the academic year and by two thirds where that student became an eligible part-time student in a later quarter of that year; and

(g) where an amount of grant or allowance has been paid to that student under regulations 26 to 29 in a single instalment, the maximum amount of grant or allowance payable to that student pursuant to regulations 89 to 98 is reduced (or where sub-paragraph (f) applies, further reduced) by the amount of analogous grant or allowance paid to that student 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 the eligible distance learning student 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 eligible distance learning student transfers to a part-time course in the same subject leading to the same qualification at the same institution, the part-time course is to be treated as satisfying regulation 83(1)(b) and (c) if—

(a) the period of part-time study to be undertaken by that student is of at least one academic year’s duration; and

(b) in relation to a transfer to a designated part-time course beginning before 1 September 2014, it is possible to complete the remainder of the designated distance learning course from which that student transfers in not more than twice the period ordinarily required to complete that designated distance learning course; or

(c) in relation to a transfer to a designated part-time course beginning on or after 1 September 2014, it is possible to complete the remainder of the designated distance learning course from which that student transfers in not more than four times the period ordinarily required to complete that designated distance learning course.

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

(8) The Welsh Ministers may re-assess the amount of support payable after the transfer in accordance with this Part.

(9) A student who transfers under paragraph (5) after the Welsh Ministers have determined that student’s support under Part 11 in connection with the academic year of the distance learning course from which that student is transferring but before that student completes that year—

(a) may not apply for a grant under regulation 85(1)(b) or regulation 87 if that student has already applied for a grant under regulation 68(1)(b);

(b) may not apply for a grant under regulation 88 if that student has already applied for a grant under regulation 71.

(10) Where a student transfers under paragraph (5) to a designated part-time course beginning before 1 September 2014, the total amount of support paid to that student under regulation 68(1)(a) and 85(1)(a) in respect of—

(a) the academic year from which that student transfers; and

(b) the academic year to which that student transfers,

must not exceed the amount of support determined to be payable to that student under regulation 68(1) (a).

(11) Where a student transfers under paragraph (5) to a designated part-time course beginning on or after 1 September 2014 no account is taken of the support determined to be payable to the student under regulation 68(1)(a), when determining the amount of support payable to the student under regulation 86.

(12) Where a student transfers under paragraph (5), the maximum amount of part-time grants for dependants to which that student would, apart from this regulation, be entitled pursuant to regulations 89 to 98 in connection with that student undertaking a designated part-time course in respect of that academic year is reduced by one third where that student became an eligible part-time student during the second quarter of the academic year and by two thirds where that student became an eligible part-time student in a later quarter of that year.

(13) 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 the eligible part-time student 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.

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

(a) where the Welsh Ministers have determined to pay an amount of grant to that student pursuant to regulation 88 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 that student became an eligible student;

(b) subject to sub-paragraphs (c) and (f), any support to which that student is entitled under this Part in respect of the academic year in which that student transfers is ignored in determining the amount of support to which that student 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 or allowance to that student pursuant to regulations 89 to 98 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 that student becomes an eligible student;

(d) the maximum amount of any support under Parts 5 or 6 to which that 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 that student became an eligible student during the second quarter of that academic year and by two thirds where that student became an eligible student in a later quarter of that year;

(e) where an amount of grant for any purpose has been paid to that student pursuant to regulation 88 in a single instalment, the maximum amount of grant payable to that student under regulation 24 for that purpose is reduced (or, where sub-paragraph (d) applies, further reduced) by the amount of grant paid to that student for that purpose pursuant to regulation 88 and where the resulting amount is nil or a negative amount that amount is nil; and

(f) where an amount of grant or allowance has been paid to that student pursuant to regulations 89 to 98 in a single instalment the maximum amount of the analogous grant or allowance payable to that student pursuant to regulations 26 to 29 is reduced (or where sub-paragraph (d) applies, further reduced) by the amount of grant or allowance paid to that student pursuant to regulations 89 to 98 and where the resulting amount is nil or a negative amount that amount is nil.

(15) 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 the eligible part-time student 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.

(16) Subject to paragraph (17), a student who transfers under paragraph (15) is entitled to receive in connection with the academic year of the course to which the student transfers the remainder of the support for which the Welsh Ministers have determined the student qualifies under this Part in respect of the academic year of the designated part-time course from which the student transfers.

(17) The Welsh Ministers may re-assess the amount of support payable after the transfer in accordance with Part 11.

(18) An eligible part-time student who transfers under paragraph (15) after the Welsh Ministers have determined that student’s support in connection with the academic year of the part-time course from which that student is transferring but before that student completes that year—

(a) may not apply for a grant under regulation 68(1)(b) if that student has already applied for a grant under regulation 85(1)(b) or regulation 87;

(b) may not apply for a grant under regulation 71 if that student has already applied for a grant under regulation 88.

(19) Where a student transfers under paragraph (15) from a designated part-time course beginning before 1 September 2014, the total amount of support paid to that student under regulations 68(1)(a) and 85(1)(a) in respect of—

(a) the academic year from which that student transfers; and

(b) the academic year to which that student transfers,

must not exceed the maximum amount of support determined to be payable to that student under regulation 85(1)(a).

Payment of support to eligible part-time students

104.—(1) Payments of the grant for books, travel and other expenditure, the new part-time course grant and the grant for disabled part-time students’ living costs may be made in such manner as the Welsh Ministers consider appropriate and they may make it a condition of entitlement to payment that the eligible part-time student must provide them with particulars of a bank or building society account in the United Kingdom into which payments may be made by electronic transfer.

(2) Where the Welsh Ministers cannot make a final assessment on the basis of the information provided by the student, they may make a provisional assessment and payment of the grant for books, travel and other expenditure, the new part-time course grant and the grant for disabled part-time students’ living costs.

(3) The Welsh Ministers may pay the grant for books, travel and other expenditure, the new part-time course grant and the grant for disabled part-time students’ living costs in instalments or in a single lump sum.

(4) Subject to paragraph (5), the Welsh Ministers may pay the grant for books, travel and other expenditure, the new part-time course grant and the grant for disabled part-time students’ living costs at such times as they consider appropriate.

(5) The Welsh Ministers must not pay the first instalment or, where it has been determined not to pay support in instalments, make any payment of the grant for books, travel and other expenditure, the new part-time course grant or the grant for disabled part-time students’ living costs before they have received the declaration under regulation 101(2) to (6) unless an exception referred to in paragraph (6) applies.

(6) For the purposes of paragraph (5), an exception applies if—

(a) a grant for disabled part-time students’ living costs under regulation 88 is payable in which case that particular grant may be paid before the Welsh Ministers have received a declaration;

(b) the Welsh Ministers have determined that owing to exceptional circumstances it would be appropriate to make a payment without receiving a declaration.

105.—(1) Subject to the following paragraphs, the Welsh Ministers may pay part-time grants for dependants in such instalments (if any) and at such times as they consider appropriate.

(2) An academic authority is required to send an attendance confirmation to the Welsh Ministers.

(3) The Welsh Ministers must not pay the first instalment or, where it has been determined not to pay a part-time grant for dependants by instalments, make any payment of such a grant to an eligible part-time student before they have received an attendance confirmation unless the exception in paragraph (4) applies.

(4) The exception referred to in paragraph (3) applies if the Welsh Ministers have determined that owing to exceptional circumstances it would be appropriate to make a payment without receiving an attendance confirmation.

(5) Where a final assessment cannot be made on the basis of the information provided by the eligible part-time student, the Welsh Ministers may make a provisional assessment and payment of part-time grants for dependants.

(6) Payments of a part-time grant for dependants are to be made in such manner as the Welsh Ministers consider appropriate and they may make it a condition of entitlement to payment that the eligible part-time student must provide them with particulars of a bank or building society account in the United Kingdom into which payments may be made by electronic transfer.

(7) No support by way of part-time grants for dependants is payable in respect of any payment period beginning after an eligible part-time student’s period of eligibility terminates.

(8) Where an eligible part-time student’s period of eligibility terminates on or after the relevant date, the Welsh Ministers must determine—

(a) the amount of each part-time grant for dependants for which that student qualifies that would be payable in respect of the relevant payment period if the eligible part-time student’s period of eligibility had not terminated (the “full amount”); and

(b) how much of the full amount is payable in respect of the period which runs from the first day of the relevant payment period up to and including the day on which the eligible part-time student’s period of eligibility terminated (the “partial amount”).

(9) In this regulation, the “relevant date” (“y dyddiad perthnasol”) is the date on which the first term of the academic year in question actually begins.

(10) If the Welsh Ministers have made a payment of a part-time grant for dependants in respect of the relevant payment period before the point in that period at which the eligible part-time student’s period of eligibility terminated and that payment exceeds the partial amount of that grant—

(a) they may treat the excess as an overpayment of that grant; or

(b) if they consider that it is appropriate to do so they may extend that student’s period of eligibility in respect of that part-time grant for dependants until the end of the relevant payment period and determine that the full amount of the grant is payable in respect of that payment period.

(11) If a payment of a part-time grant for dependants in respect of the relevant payment period is due to be made or is made after the eligible part-time student’s period of eligibility has terminated, the amount of that part-time grant for dependants payable is the partial amount unless the Welsh Ministers consider it appropriate to extend the period of eligibility in respect of that grant until the end of the relevant payment period and to determine that the full amount of that grant is payable in respect of that relevant payment period.

(12) No support by way of part-time grants for dependants is payable in respect of a payment period during any part of which an eligible part-time student is absent from that student’s course, unless in the opinion of the Welsh Ministers it would be appropriate in all the circumstances for support to be paid in respect of the period of absence.

(13) In deciding whether support is payable under paragraph (12) the circumstances to which the Welsh Ministers must have regard include the reason for the student’s absence, the length of the absence and the financial hardship which not paying the support would cause.

(14) An eligible part-time student is not to be considered absent from the eligible part-time student’s course if the eligible part-time student is unable to attend due to illness and the eligible part-time student’s absence has not exceeded 60 days.

(15) Where, after the Welsh Ministers have made any payment of support by way of a part-time grant for dependants, they make a determination of the amount of such a grant for which the eligible part-time student qualifies either for the first time or by way of a revision of a provisional or other determination of that amount—

(a) if the determination increases the amount of that grant for which the eligible part-time student qualifies they must pay the additional amount and may do so in such instalments (if any) and at such times as they consider appropriate;

(b) if the determination decreases the amount of that grant for which the eligible part-time student qualifies they must subtract the amount of the decrease from the amount of that grant which remains to be paid;

(c) if the amount of the decrease is greater than the amount of that grant remaining to be paid the latter amount is reduced to nil and the balance subtracted from any other element of part-time grants for dependants for which the eligible part-time student qualifies in respect of the academic year;

(d) any remaining overpayment is recoverable in accordance with regulation 109.

Interpretation of regulation 105

106.  In regulation 105—

(a) “attendance confirmation” (“cadarnhad o bresenoldeb”) means confirmation in writing from the academic authority—

(i) that the eligible part-time student has enrolled for the academic year where the eligible part-time student—

(aa) is applying for one or more elements of the part-time grants for dependants (“part-time support” in this regulation) in connection with a designated part-time course for the first time;

(bb) has a disability; and

(cc) is undertaking the course but not attending (regardless of whether the reason for not attending relates to the student’s disability);

(ii) that the eligible part-time student has been present at the institution and begun to attend the course where—

(aa) the student is applying for part-time support in connection with a designated part-time course for the first time;

(bb) the student’s status as an eligible part-time student has not been transferred to the designated part-time course from another course at the same institution; and

(cc) sub-paragraph (i)(cc) does not apply;

(iii) that the eligible part-time student has enrolled for the academic year where the eligible part-time student is applying for part-time support in connection with a designated part-time course—

(aa) other than for the first time; or

(bb) for the first time after the student’s status as an eligible part-time student has been transferred to that course from another course at the same institution;

(b) “payment period” (“cyfnod talu”) means a period in respect of which the Welsh Ministers pay the support under regulations 89 to 98 or would have paid such support if the eligible part-time student’s period of eligibility had not terminated.

Payment of grants for fees in respect of designated part-time courses beginning before 1 September 2014

107.—(1) Subject to paragraphs (2) and (3), the Welsh Ministers must pay the grant in respect of fees for which the eligible part-time student qualifies in relation to an academic year of a designated part-time course beginning before 1 September 2014 to the appropriate academic authority after a written request for payment has been received which the Welsh Ministers consider to be a valid request.

(2) The Welsh Ministers may make payments under paragraph (1) at such times and in such instalments (if any) as they see fit.

(3) The Welsh Ministers may make provisional payments under paragraph (1) in such cases as they deem appropriate.

Payment of new part-time fee loan

108.—(1) The Welsh Ministers must pay the new part-time fee loan for which a new eligible part-time student qualifies in respect of an academic year of a designated part-time course to an academic authority to which the new eligible part-time student is liable to make payment.

(2) The Welsh Ministers may pay the new part-time fee loan in such instalments (if any) and at such times as they consider appropriate.

(3) The Welsh Ministers must not pay the new part-time fee loan or any instalment of that loan unless they have received from the relevant academic authority—

(a) a request for payment; and

(b) a declaration under regulation 101(2) to (6).

(4) The Welsh Ministers may make provisional payments under this regulation in such cases as they deem appropriate.

Overpayments

109.—(1) Any overpayment of a grant in respect of fees or a new part-time fee loan is recoverable by the Welsh Ministers from the academic authority.

(2) An eligible part-time student must, if so required by the Welsh Ministers, repay any amount paid to the eligible part-time student under this Part which for whatever reason exceeds the amount of grant to which the eligible part-time student is entitled under this Part.

(3) The Welsh Ministers must recover an overpayment of a grant for books, travel and other expenditure, a new part-time course grant, a grant for disabled part-time students’ living costs and a part-time grant for dependants unless they consider that it is not appropriate to do so.

(4) The methods of recovery are—

(a) subtracting the overpayment from any kind of grant payable to the eligible part-time student from time to time pursuant to regulations made by the Welsh Ministers under section 22 of the 1998 Act;

(b) taking such other action for the recovery of an overpayment as is available to them.

(5) A payment of the grant for disabled part-time students’ living costs or a part-time grant for dependants made before the relevant date is an overpayment if the eligible part-time student withdraws from the course before the relevant date unless the Welsh Ministers decide otherwise.

(6) In this regulation, the “relevant date” (“dyddiad perthnasol”) is the date on which the first term of the academic year in question actually begins.

(7) In either of the circumstances in paragraph (8) or (9), there is an overpayment of the grant for disabled part-time students’ living costs unless the Welsh Ministers decide otherwise.

(8) The circumstances referred to in paragraph (7) are—

(a) the Welsh Ministers apply all or part of the grant for disabled part-time students’ living costs to the purchase of specialist equipment on behalf of the eligible part-time student;

(b) the student’s period of eligibility terminates after the relevant date; and

(c) the equipment has not been delivered to the student before the student’s period of eligibility terminates.

(9) The circumstances referred to in paragraph (7) are—

(a) the eligible part-time student’s period of eligibility terminates after the relevant date; and

(b) a payment of the grant for disabled part-time students’ living costs in respect of specialist equipment is made to the student after the eligible part-time student’s period of eligibility terminates.

(10) Where there is an overpayment of the grant for disabled part-time students’ living costs, the Welsh Ministers may accept the return of specialist equipment purchased with the grant by way of recovery of all or part of the overpayment if they consider it is appropriate to do so.

(11) For the purpose of this regulation reference to an eligible part-time student includes a person who has received support under this Part but who does not satisfy the requirements of regulation 81 (eligible part-time students).

PART 13 SUPPORT FOR POSTGRADUATE STUDENTS WITH DISABILITIES

Eligible postgraduate students

110.—(1) An eligible postgraduate student qualifies, subject to and in accordance with this Part, for a grant to assist with the additional expenditure which the Welsh Ministers are satisfied the eligible postgraduate student is obliged to incur by reason of a disability to which the eligible postgraduate student is subject in respect of the eligible postgraduate student undertaking a designated postgraduate course.

(2) A person is an eligible postgraduate student in connection with a designated postgraduate course if that person satisfies the conditions in paragraph (3) and is not excluded by paragraph (4).

(3) The conditions referred to in paragraph (2) are—

(a) the Welsh Ministers, in assessing a person’s application for support under regulation 115, have determined in connection with the designated postgraduate course that the person falls within one of the categories set out in Part 2 of Schedule 1; and

(b) the Welsh Ministers are satisfied that, by reason of a disability to which the person is subject, the person will be obliged to incur additional expenditure in respect of undertaking the course.

(4) Subject to paragraph (9), a person (“A” in this paragraph) is not an eligible postgraduate student if—

(a) there has been bestowed on or paid to A in relation to A undertaking the course—

(i) a healthcare bursary;

(ii) any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 2007;

(iii) any allowance, bursary or award of similar description made by a Research Council;

(iv) any allowance, bursary or award of similar description made by A’s institution which includes any payment for the purpose of meeting additional expenditure incurred by A by reason of A’s disability; or

(v) any allowance, bursary or award of similar description made under section 67(4)(a) of the Care Standards Act 2000(93) which includes payment for meeting additional expenditure incurred by A by reason of A’s disability; or

(vi) any allowance, bursary or award of similar description made under section 116(2)(a) of the Regulation and Inspection of Social Care (Wales) Act 2016(94) which includes payment for meeting additional expenditure incurred by A by reason of A’s disability; or

(b) A is in breach of an obligation to repay any loan;

(c) A has reached the age of 18 and has not ratified any agreement for a loan made with A when A was under the age of 18;

(d) A has, in the opinion of the Welsh Ministers, shown by A’s conduct that A is unfitted to receive support under this Part.

(5) For the purposes of paragraphs (4)(b) and (4)(c), “loan” (“benthyciad”) means a loan made under the student loans legislation.

(6) In a case where the agreement for a loan is subject to the law of Scotland, paragraph (4)(c) only applies if the agreement was made–

(a) before the 25 September 1991; and

(b) with the concurrence of the borrower’s curator or at a time when the borrower had no curator.

(7) An eligible postgraduate student does not qualify for a grant under this Part if the only paragraph in Part 2 of Schedule 1 into which the eligible postgraduate student falls is paragraph 9.

(8) Save where the circumstances described in regulation 117(3)(c)(ii) apply such that an eligible postgraduate student undertakes part of that student’s course overseas, an eligible postgraduate student does not qualify for a grant under this Part unless the eligible postgraduate student is undertaking the course in the United Kingdom.

(9) Subject to paragraphs (11) to (13) and despite paragraphs (3)(a) and (4), a person is an eligible postgraduate student for the purposes of this Part if the person satisfies the conditions in paragraph (3)(b) and paragraph (10)(a) or (b).

(10) The conditions referred to in paragraph (9) are—

(a) the—

(i) person qualified as an eligible postgraduate student in connection with an earlier academic year of the present postgraduate course pursuant to regulations made by the Welsh Ministers under section 22 of the 1998 Act;

(ii) person was ordinarily resident in Wales on the first day of the first academic year of the present postgraduate course; and

(iii) person’s status as an eligible postgraduate student has not terminated;

(b) the—

(i) Welsh Ministers have previously determined that the person is an eligible postgraduate student in connection with a designated postgraduate course other than the present postgraduate course;

(ii) person’s status as an eligible postgraduate student in connection with the course in sub-paragraph (b)(i) has been transferred from that course to the present course as a result of one or more transfers in accordance with regulations made by the Welsh Ministers under section 22 of the 1998 Act;

(iii) person was ordinarily resident in Wales on the first day of the first academic year of the course referred to in sub-paragraph (b)(i); and

(iv) person’s status as an eligible postgraduate 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” in this paragraph) was an eligible postgraduate student in connection with an application for support for an earlier year of the present postgraduate course or an application in connection with another designated postgraduate course from which A’s status as an eligible postgraduate student has been transferred to the present postgraduate course; 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 A’s spouse, civil partner, parent (as defined in Part 1 of Schedule 1) or step-parent 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 postgraduate student terminates immediately before the first day of the academic year in respect of which A is applying for support.

(12) 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” in this paragraph) was an eligible postgraduate student in connection with an application for support for an earlier year of the present postgraduate course or an application in connection with another designated postgraduate course from which A’s status as an eligible postgraduate student has been transferred to the present postgraduate course; and

(b) as at the day before the academic year in respect of which A is applying for support, 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 postgraduate student terminates immediately before the first day of the academic year in respect of which A 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 the student was an eligible postgraduate student before 1 September 2007.

(14) An eligible postgraduate student does not, at any one time, qualify for support for—

(a) more than one designated postgraduate course;

(b) a designated postgraduate course and a designated distance learning course;

(c) a designated postgraduate course and a designated course;

(d) a designated postgraduate course and a designated part-time course.

Students becoming eligible during the course of the academic year

111.—(1) Where one of the events listed in paragraph (2) occurs in the course of an academic year—

(a) a student may qualify for a grant under this Part in respect of that academic year in accordance with this Part; and

(b) a grant of the kind available under this Part is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.

(2) The events are—

(a) the student’s course becomes a designated postgraduate 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) the state of which the student is a national accedes to the European Union where the student has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the first academic year of the course;

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

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

(f) the student becomes a person described in paragraph 6(1)(a) of Part 2 of Schedule 1; or

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

Designated postgraduate courses

112.—(1) A postgraduate course is designated for the purposes of section 22(1) of the 1998 Act and regulation 110 if—

(a) it is a course entry for which a first degree (or equivalent qualification) or higher is normally required;

(b) it is a course—

(i) of at least one academic year’s duration; and

(ii) in the case of a part-time course which began before 1 September 2014, it is ordinarily possible to complete the course in not more than twice the period ordinarily required to complete the full time equivalent; or

(iii) in the case of a part-time course which begins on or after 1 September 2014, it is ordinarily possible to complete the course in not more than four times the period ordinarily required to complete the full time equivalent;

(c) it is wholly provided by a publicly funded educational institution in the United Kingdom or is provided by such an institution in conjunction with an institution outside the United Kingdom;

(d) for a course beginning on or after 1 September 2017 it is substantially provided in the United Kingdom; and

(e) it is not a course for the initial training of teachers or a course taken as part of an employment based teacher training scheme.

(2) For the purposes of paragraph (1)—

(a) a course is provided by an institution if it provides the teaching and supervision which comprise the course, whether or not it has entered an agreement with the student to provide the course;

(b) a university and any constituent college or institution in the nature of a college of a university is regarded as publicly funded if either the university or the constituent college or institution is publicly funded;

(c) an institution is not 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(95); and

(d) a course is substantially provided in the United Kingdom where at least half of the teaching and supervision which comprise the course is provided in the United Kingdom.

(3) For the purposes of paragraph (1)(b)(ii)—

(a) “full-time equivalent” (“cwrs llawnamser cyfatebol”) means a full-time course leading to the same qualification as the part-time course in question;

(b) “period ordinarily required to complete the full-time equivalent” (“cyfnod y mae ei angen fel arfer i gwblhau’r cwrs llawnamser cyfatebol”) means the period in which a standard full-time student would complete the full-time equivalent;

(c) “standard full-time student” (“myfyriwr llawnamser safonol”) means a student who is to be taken—

(i) to have started the full-time equivalent on the same date as the eligible part-time student started the part-time course in question;

(ii) not to have been excused any part of the full-time equivalent;

(iii) not to have repeated any part of the full-time equivalent; and

(iv) not to have been absent from the full-time equivalent other than during vacations.

(4) For the purposes of section 22 of the 1998 Act and regulation 110, the Welsh Ministers may designate courses of higher education which are not designated under paragraph (1).

(5) The Welsh Ministers may revoke or suspend the designation of a course which is designated under paragraph (4).

Period of eligibility

113.—(1) A student’s status as an eligible postgraduate student is retained in connection with a designated postgraduate course until that status is terminated in accordance with this regulation or regulation 110.

(2) The period for which an eligible postgraduate student retains the status referred to in paragraph (1) is the “period of eligibility” (“cyfnod cymhwystra”).

(3) Subject to the following paragraphs and regulation 110, the period of eligibility terminates at the end of the period ordinarily required for completion of the designated postgraduate course.

(4) The period of eligibility terminates when the eligible postgraduate student (“A” in this paragraph and paragraph (5))—

(a) withdraws from A’s designated postgraduate course in circumstances where the Welsh Ministers have not transferred or will not transfer A’s status as an eligible postgraduate student to another course under regulation 114; or

(b) abandons or is expelled from A’s designated postgraduate course.

(5) The Welsh Ministers may terminate the period of eligibility where A has shown by A’s conduct that A is unfitted to receive support under this Part.

(6) Where the eligible postgraduate student is undertaking a designated postgraduate course that is a part-time course, the period of eligibility terminates at the end of the academic year during or at the end of which it becomes impossible for the eligible postgraduate student to complete the course within the period specified in regulation 112(1)(b)(ii).

(7) If the Welsh Ministers are satisfied that an eligible postgraduate 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 a grant or any particular amount of grant under this Part;

(c) treat any support paid to the student as an overpayment which may be recovered under regulation 119.

(8) Where the period of eligibility terminates on or before the expiry of the period ordinarily required for the completion of the designated postgraduate course, the Welsh Ministers may, at any time, renew the period of eligibility for such periods as they determine.

Transfer of status

114.—(1) Where an eligible postgraduate student transfers from a designated postgraduate course to another designated postgraduate course, the Welsh Ministers must transfer the student’s status as an eligible postgraduate student to that other course where—

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

(b) they are satisfied that one or more of the grounds for transfer in paragraph (2) applies; and

(c) the period of eligibility has not terminated.

(2) The grounds for transfer are—

(a) on the recommendation of the academic authority the eligible postgraduate student starts to undertake another designated postgraduate course at the same institution; or

(b) the eligible postgraduate student starts to undertake a designated postgraduate course at another institution.

(3) Subject to paragraph (4), an eligible postgraduate student who transfers under paragraph (1) is entitled to receive in connection with the academic year of the course to which the eligible postgraduate student transfers the remainder of the support under this Part for which the Welsh Ministers have determined the eligible postgraduate student qualifies in respect of the academic year of the course from which the eligible postgraduate student transfers.

(4) The Welsh Ministers may re-assess the support after the transfer in accordance with this Part.

(5) An eligible postgraduate student who transfers under paragraph (1) after the Welsh Ministers have determined the eligible postgraduate student’s support under this Part in connection with the academic year of the course from which the eligible postgraduate student is transferring but before the eligible postgraduate student completes that year may not apply for another grant under this Part in connection with the academic year of the course to which the eligible postgraduate student transfers.

Applications for support

115.—(1) A person must apply for a grant under this Part in connection with each academic year of a designated postgraduate course by completing and submitting to the Welsh Ministers an application in such form and accompanied by such documentation as the Welsh Ministers may require.

(2) The application must reach the Welsh Ministers as soon as is reasonably practicable.

(3) The Welsh Ministers may take such steps and make such inquiries as they consider necessary to determine whether the applicant is an eligible postgraduate student, whether the applicant qualifies for a grant and the amount of grant payable, if any.

(4) The Welsh Ministers must notify the applicant—

(a) whether the applicant qualifies for a grant;

(b) if the applicant does qualify, the amount payable in respect of the academic year, if any; and

(c) how that amount is allocated between the types of eligible expenditure.

Information

116.  Schedule 3 applies in respect of the provision of information by an applicant and an eligible postgraduate student.

Amount of grant

117.—(1) Subject to paragraph (2), the grant payable to an eligible postgraduate student under this Part is such amount as the Welsh Ministers consider appropriate to assist with one or more types of eligible expenditure.

(2) The grant must not exceed £10,590 in respect of an academic year.

(3) For the purposes of this Part, the “types of eligible expenditure” are—

(a) expenditure on a non-medical helper;

(b) expenditure on major items of specialist equipment; and

(c) additional expenditure incurred—

(i) within the United Kingdom for the purpose of attending the institution;

(ii) within or outside the United Kingdom for the purpose of attending, as part of the course, any period of study at an overseas institution or for the purposes of attending the Institute.

(4) Subject to paragraphs (5) and (6), a grant under this Part is payable to an eligible postgraduate student in respect of the four quarters of the academic year.

(5) Where a grant under this Part is used for expenditure on major items of specialist equipment (within the meaning of paragraph (3)(b)) it may be payable in respect of the whole academic year.

(6) Where one of the events listed in regulation 111(2) occurs in the course of an academic year, an eligible postgraduate student may only qualify for a grant under this Part for the purposes specified in paragraph (3)(a) and (c) in respect of such quarters as begin after the relevant event occurs.

Payment of grant

118.—(1) The Welsh Ministers may pay a grant for which an eligible postgraduate student qualifies under this Part in such instalments (if any) and at such times as they consider appropriate and in the exercise of their functions under this Part they may make provisional payments pending the final calculation of the amount of grant for which the student qualifies.

(2) Payments may be made in such manner as the Welsh Ministers consider appropriate and they may make it a condition of entitlement to payment that the eligible postgraduate student must provide them with particulars of a bank or building society account in the United Kingdom into which payments may be made by electronic transfer.

Overpayments

119.—(1) An eligible postgraduate student must, if so required by the Welsh Ministers, repay any amount paid to the eligible postgraduate student under this Part which for whatever reason exceeds the amount of grant to which the eligible postgraduate student is entitled under this Part.

(2) The Welsh Ministers must recover an overpayment of grant under this Part unless they consider it is not appropriate to do so.

(3) The methods of recovery are—

(a) subtracting the overpayment from any kind of grant payable to the eligible postgraduate student from time to time pursuant to regulations made by the Welsh Ministers under section 22 of the 1998 Act;

(b) taking such other action for the recovery of an overpayment as is available to them.

(4) A payment of grant under this Part made before the relevant date is an overpayment if the eligible postgraduate student withdraws from the course before the relevant date unless the Welsh Ministers decide otherwise.

(5) In this regulation, the “relevant date” (“dyddiad perthnasol”) is the date on which the first term of the academic year in question actually begins.

(6) In either of the circumstances in paragraphs (7) and (8), there is an overpayment of grant under this Part unless the Welsh Ministers decide otherwise.

(7) The circumstances referred to in paragraph (6) are—

(a) the Welsh Ministers apply all or part of the grant under this Part to the purchase of specialist equipment on behalf of the eligible postgraduate student;

(b) the student’s period of eligibility terminates after the relevant date; and

(c) the equipment has not been delivered to the student before the student’s period of eligibility terminates.

(8) The circumstances referred to in paragraph (6) are—

(a) the eligible postgraduate student’s period of eligibility terminates; and

(b) a payment of grant under this Part in respect of specialist equipment is made to the student after the student’s period of eligibility terminated.

(9) Where there is an overpayment of the grant under this Part, the Welsh Ministers may accept the return of specialist equipment purchased with the grant by way of recovery of all or part of the overpayment if they consider it is appropriate to do so.

(10) For the purpose of this regulation reference to an eligible postgraduate student includes a person who has received support under this Part but who does not satisfy the requirements of regulation 110 (eligible postgraduate students).

Kirsty Williams

Cabinet Secretary for Education, one of the Welsh Ministers

23 January 2017