The Assembly Learning Grants and Loans (Higher Education) (Wales) (No. 2) 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 2012. They consolidate, with some changes, the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2011 (“the 2011 Regulations”).

These Regulations revoke the 2011 Regulations. The 2011 Regulations will continue to apply to the provision of support to students in relation to the academic year which begins on or after 1 September 2011 but before 1 September 2012. Regulation 3 sets out the extent of the revocation. Changes of substance made in these Regulations 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, 74, 91, 117 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 22);

• Grant for disabled students' living costs (regulation 26);

• Grants for dependants (regulations 27 to 32);

• Grant for travel (regulations 33 to 36);

• Higher education grant (regulation 37); 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 2012, or starts their present course on or after 1 September 2012, 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—

• Fee grant (regulation 19);

• New fee grant (regulation 20);

• Fee loan (regulations 23 and 24);

• Grant for disabled students' living costs (regulation 26);

• Grants for dependants (regulations 27 to 32);

• Grant for travel (regulations 33 to 36);

• Maintenance grant or special support grant (regulations 38 to 45);

• Loans for living costs (Part 6); and

• College fee loans (Schedule 4).

The Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2009 introduced two new sub-categories of new system eligible student, namely a “2010 cohort student” and a “2010 gap year student”. The 2011 Regulations introduced a further two new sub-categories of new system eligible student, namely a “2011 cohort student” and a “2011 gap year student”. These Regulations introduce a new category of new system eligible student, namely a 2012 cohort student. A 2012 cohort student is a new system eligible student who begins the present course on or after 1 September 2012. The definition of 2012 cohort student in regulation 2(1) provides that certain categories of students are not classed as 2012 cohort students. The term “new cohort student” (“myfyriwr carfan newydd”) in regulation 2(1) is amended to describe 2010 cohort students, 2011 cohort students and 2012 cohort students.

Part 2 of these Regulations concerns eligibility.

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 a new cohort student does not qualify for a fee grant (regulation 19(6)). Regulation 20 provides for the payment of a new fee grant to 2012 cohort students. Regulation 23 provides for the payment of fee loans to new system eligible students who do not qualify for a fee grant. A new cohort student falls within that category. Regulation 24 provides for the payment of fee loans to students who qualify for a fee grant under regulation 19.

Part 5 of these Regulations makes provision for grants for living costs which includes grants for travel for certain categories of eligible student.

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 not a new cohort student (regulations 39 and 43); a 2010 cohort student and a 2012 cohort student (regulations 40 and 44); or a 2011 cohort student (regulations 41 and 45). The maximum amount of maintenance grant or special support grant payable to a new system eligible student who is a 2010 cohort student or a 2012 cohort student is £5,000 and £5,600 to a 2011 cohort student.

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

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 not a new cohort student (regulation 49); a 2010 cohort student or a 2012 cohort student (regulation 51); or a 2011 cohort student (regulation 52).

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. 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 not a new cohort student; a 2010 cohort student or a 2012 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 2011 Regulations.