PART 12SUPPORT FOR PART-TIME COURSES

New part-time course grant99

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 97(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, housing benefit or council tax benefit;

ii

under Part 1 of the Jobseekers Act 1995 to income-based jobseekers allowance or under section 2 of the Employment and Training Act 1973 to an allowance under the arrangements known as the New Deal;

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 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.