The Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2011

Explanatory Note

(This note is not part of the Regulations)

These Regulations provide for financial support for students who are ordinarily resident in Wales taking designated higher education courses in respect of academic years beginning on or after 1 September 2011. They consolidate, with some changes, the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2009 (“the 2009 Regulations”).

These Regulations revoke the 2009 Regulations. Regulation 3 sets out the extent of the revocation. Changes of substance made in these Regulations (other than changes to rates of grants and loans) are highlighted below.

To qualify for financial support a student must be an “eligible student”. Broadly, a person is an eligible full-time student if that person falls within one of the categories listed in Part 2 of Schedule 1 and also satisfies the eligibility provisions in Part 2 of the Regulations (separate eligibility provisions apply to students undertaking distance learning, part-time and postgraduate courses and Parts 11 to 13 of the Regulations refer).

The Regulations apply to students ordinarily resident in Wales wherever they study on a designated course in the United Kingdom. For the purposes of these Regulations a person who is ordinarily resident in Wales, England, Scotland, Northern Ireland, the Channel Islands or the Isle of Man as a result of having moved from one of those areas for the purpose of undertaking a designated course is considered ordinarily resident in the place from which that person moved (Schedule 1, paragraph 1(3)). An eligible student must also satisfy any requirements elsewhere in the Regulations; in particular the specific requirements applicable to each type of financial support.

Support is only available under the Regulations in respect of “designated” courses within the meaning of regulations 5, 73, 90, 116 and Schedule 2.

The distinction between old system eligible students and new system eligible students (introduced by the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2006) in relation to financial support to students for full-time courses is retained (regulation 2(1)).

Old system eligible students are eligible students attending courses that started before 1 September 2006, gap-year students starting courses before 1 September 2007 and certain other categories of student. The following grants and loans are available to old system eligible students subject to the conditions prescribed in the relevant regulations—

• Grant for fees (regulations 16 to 18);

• Fee contribution loan (regulation 21);

• Grant for disabled students' living costs (regulation 25);

• Grants for dependants (regulations 26 to 31);

• Grant for travel (regulations 32 to 35);

• Higher education grant (regulation 36); and

• Loans for living costs (Part 6).

A new system eligible student is an eligible student who started their course on or after 1 September 2006 and is continuing on that course after 31 August 2011, or starts their present course on or after 1 September 2011, and is not an old system eligible student. The following grants and loans are available to new system eligible students subject to the conditions prescribed in the relevant regulations—

• New fee grant (regulation 19);

• Fee loan (regulations 22 and 23);

• Grant for disabled students' living costs (regulation 25);

• Grants for dependants (regulations 26 to 31);

• Grant for travel (regulations 32 to 35);

• Maintenance grant or special support grant (regulations 37 to 44);

• Loans for living costs (Part 6); and

• College fee loans (Schedule 4).

The 2009 Regulations introduced two new sub-categories of new system eligible student, namely a “2010 cohort student” and a “2010 gap year student”. These Regulations introduce a further two new sub-categories of new system eligible student, namely a “2011 cohort student” and a “2011 gap year student”. A 2011 cohort student is an eligible student who begins the present course on or after 1 September 2011. The definition of 2011 cohort student in regulation 2(1) provides that 2011 gap year students, together with certain other students, are not classed as 2011 cohort students. A new term “new cohort student” (“myfyriwr carfan newydd”) is also introduced in regulation 2(1) which describes both 2010 cohort students and 2011 cohort students.

In addition, the definition of “bursary year” (“blwyddyn bwrsari”) in regulation 2(1) has been amended so as to clarify that full-time students who are eligible to apply for a means tested healthcare bursary or a means tested Scottish healthcare allowance qualify for a reduced rate of loan for living costs whether or not they receive such a bursary or allowance payment (and regulations 24(3)(a) and 59(j) also refer).

The definition of “Erasmus year” (“blwyddyn Erasmus”) has been amended to include students on a period of work placement in a workplace outside the United Kingdom. A related amendment is made to the definition of “sandwich course” (“cwrs rhyngosod”) in regulation 2(6) so as to exclude an academic year of a designated course that is an Erasmus year from that definition.

Part 2 of these Regulations concerns eligibility. Regulation 5(1)(b)(iii) has been amended. Part-time courses for the initial training of teachers which began before 1 September 2010 and courses which began on or after 1 September 2010 where the student transfers from a course for the initial training of teachers beginning before 1 September 2010 (amongst others) are designated courses for the purposes of regulation 5.

Regulation 7 has also been amended. Generally, an eligible student does not qualify for a loan for living costs if that student has attained an honours degree from an institution in the United Kingdom. Regulation 7(5) now provides for the following exception: An eligible student who undertakes a course which leads to qualification as a social worker, medical doctor, dentist, veterinary surgeon or architect may qualify for a loan for living costs even if that student has already attained an honours degree from an institution in the United Kingdom.

The definition of “family member” (“aelod o deulu”) in paragraph 1(1) of Part 1 of Schedule 1 to the Regulations has been amended. This amendment replaces sub-paragraph (a)(ii) such that the reference to “child” is replaced with a reference to direct descendants of the person or of the person’s spouse or civil partner who are under the age of 21 or dependant on the person or person’s spouse or civil partner.

Part 3 of these Regulations makes provision for applications for support (regulation 9), time limits for applications (regulation 10) and regulation 11 and Schedule 3 specify the information that must be provided by applicants.

Part 4 of these Regulations provides for fee support, in the form of grants for fees and fee loans. These Regulations provide that neither a 2010 cohort student nor a 2011 cohort student qualifies for a new fee grant (regulation 19(6)). Regulation 22 provides for the payment of fee loans to new system eligible students who do not qualify for new fee grant. 2010 cohort students and 2011 cohort students fall within that category. Regulation 23 provides for the payment of fee loans to students who qualify for new fee grant.

Part 5 of these Regulations makes provision for grants for living costs which includes grants for travel for certain categories of eligible student. Regulation 24(15) has been amended such that the categories of eligible student who are treated as being in attendance on a designated course for the purpose of qualifying for certain grants for living costs now include a student on a period of study or a period of work placement in an Erasmus year. Similarly, regulations 32, 33(2) and 34(3) are amended in order to clarify that the grant for travel is available to an eligible student in respect of an overseas work placement in an Erasmus year.

These Regulations provide that the amount of maintenance grant or special support grant payable to a new system eligible student differs according to whether the student is a new system eligible student who is neither a 2010 cohort student nor a 2011 cohort student (regulations 38 and 42); a 2010 cohort student (regulations 39 and 43); or a 2011 cohort student (regulations 40 and 44).The maximum amount of maintenance grant or special support grant payable to a new system eligible student who is a 2011 cohort student, in respect of an academic year, is £5,600 (regulations 40(1) and 44(1) refer).

Part 6 makes provision for loans for living costs. Such loans are payable to both old system eligible students and new system eligible students.

Regulation 45(8) has been amended such that the categories of eligible student who are treated as being in attendance on a designated course for the purposes of qualifying for a loan for living costs now include a student on a period of study or a period of work placement in an Erasmus year. Similarly, regulation 59(c) now provides that a student is in category 3 for the purposes of a loan for living costs if the student is not in category 1 and the student attends an overseas work placement in an Erasmus year.

The amount of loan payable to a new system eligible student may differ according to whether the student is a new system eligible student who is neither a 2010 cohort student nor a 2011 cohort student (regulation 48); a 2010 cohort student (regulation 50); or a 2011 cohort student (regulation 51).

Part 7 sets out general provisions relating to loans made under the Regulations.

Part 8 and Schedule 4 make provision for “college fee loans”. These are loans in respect of the college 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 attendance of a qualifying student on a qualifying course.

Part 9 and Schedule 5 continue to make provision for the means-testing of students taking designated full-time courses. A contribution from the student is calculated on the basis of household income. The contribution is to be applied to specified grants and loans until it is extinguished against the amount of the particular grants and loans for which the student qualifies. Paragraphs 5(3), (4) and (5) of Schedule 5 have been amended. In order to determine whether a second or subsequent assessment of a student’s parent’s residual income is calculated by reference to the current financial year, the parent’s residual income in that financial year is compared with that parent’s residual income in the previous financial year. A change has also been made to Schedule 5 in that the method of calculating the contribution to be made from a new system eligible student differs according to whether the student is a new system eligible student who is neither a 2010 cohort student nor a 2011 cohort student; a 2010 cohort student; or a 2011 cohort student (paragraph 9 of Schedule 5 refers).

Part 10 makes provision for payment of grants and loans.

Part 11 makes provision for support to students who are undertaking designated distance learning courses.

Part 12 and Schedule 6 make provision for support for part-time courses.

Part 13 makes provision for postgraduate students with disabilities.

Part 14 makes amendments to the 2009 Regulations.