The Assembly Learning Grants and Loans (Higher Education) (Wales) (No.2) (Amendment) (No.2) Regulations 2012

Explanatory Note

(This note is not part of the Regulations)

The Assembly Learning Grants and Loans (Higher Education) (Wales) (No.2) Regulations 2011 (“the Principal Regulations”) provide for financial support for students who are ordinarily resident in Wales and taking designated higher education courses in respect of academic years beginning on or after 1 September 2012.

These Regulations amend the Principal Regulations.

These Regulations introduce three new terms into the list of defined terms in the Principal Regulations. The term “distance learning course” refers to a full time distance course beginning on or after 1 September 2012. An “eligible prisoner” is a prisoner who meets certain eligibility requirements set out in the definition including being authorised to study a course of higher education which begins on or after 1 September 2012. The term “prisoner” refers to a person who is serving a sentence of imprisonment in the United Kingdom including a person detained in a young offender institution.

Regulation 4 amends regulation 4 of the Principal Regulations. This amendment ensures that, subject to certain exceptions, only prisoners who are eligible prisoners will be able to access financial support under the Principal Regulations in respect of higher education courses beginning on or after 1 September 2012.

Regulation 5 amends regulation 5 of the Principal Regulations by adding to the criteria for the designation of courses under the Principal Regulations. This amendment will only apply to the designation of courses which begin on or after 1 September 2012.

Regulation 6 amends regulation 6 of the Principal Regulations which deals with an eligible student’s period of eligibility under the Principal Regulations. This amendment has the effect that a student who has failed to complete a previous course because of compelling personal reasons, may, in some circumstances, have an additional year added to their period of eligibility under the Principal Regulations.

Regulation 7 amends regulation 13 of the Principal Regulations. This amendment confirms that students who undertake full time distance learning courses on or after 1 September 2012 will not be able to access fee support under the Principal Regulations unless the Welsh Ministers consider that they are undertaking the course in Wales.

Regulation 8 amends regulation 25 of the Principal Regulations which makes provision on the availability of grants for living costs under the Principal Regulations. This amendment provides that a grant for disabled students' living costs will only be available to prisoners who began courses of higher education prior to 1 September 2012. It also provides that students who begin full time distance learning courses on or after this date will not be entitled to any grant for living costs under the Principal Regulations other than a grant for disabled students' living costs.

Regulation 9 amends regulation 26 of the Principal Regulations which deals with grants for disabled students' living costs in respect of full-time courses. This amendment ensures that these grants are available to students who begin full time distance learning courses on or after 1 September 2012.

Regulation 10 amends regulation 46 of the Principal Regulations to confirm that loans for living costs under the Principal Regulations are not available in respect of full time distance learning courses beginning on or after 1 September 2012.

Regulation 11 amends regulation 74 of the Principal Regulations to confirm that, subject to certain exceptions, full time distance learning courses may not be designated distance learning courses under the Principal Regulations unless they began before 1 September 2012.

Regulation 12 amends regulation 89 of the Principal Regulations to allow part-time students to qualify for financial support under those regulations in respect of part-time courses beginning on or after 1 September 2012

Regulation 13 amends regulation 105 of the Principal Regulations by extending the time limit for submitting applications for financial support under those regulations in respect of part-time courses.

Regulation 14 inserts additional provision into Schedule 1 to the Principal Regulations. Schedule 1 sets out the various categories of eligible student for the purposes of the Principal Regulations.