The Education (Student Support) (Wales) Regulations 2015

PART 14 AMENDMENT OF THE 2013 REGULATIONS

Amendment of the 2013 Regulations

125.—(1) The 2013 Regulations are amended in accordance with the following paragraphs.

(2) In regulation 2(1), in the appropriate place, insert—

““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.”

(3) In regulation 2(1)—

(a) for the definition of “academic year”, substitute—

““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;”;

(b) for the definition of “end-on course”, substitute—

““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) or the 2012 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) or the 2012 Regulations;

(c)

a course for the initial training of teachers beginning before 1 September 2006 the duration of which does not exceed two years (the duration of a part-time course being expressed as its full-time equivalent) which, disregarding any intervening vacation, a student begins to attend immediately after ceasing to attend a first 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) or the 2012 Regulations;

(d)

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) or the 2012 Regulations;

(e)

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) or the 2012 Regulations;

(f)

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) or the 2012 Regulations;

(g)

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) or the 2012 Regulations;”;

(c) for the definition of “new eligible part-time student”, substitute—

““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 114 from a designated part-time course which the student began before 1 September 2014;”.

(4) In regulation 76—

(a) in paragraph (8), for the words “paragraph (9)(a) or (b)” substitute “paragraph (9)(a), (b) or (c)”;

(b) in paragraph (9)—

(i) at the end of sub-paragraph (b)(iv), for “.” substitute “;”; and

(ii) after sub-paragraph (b)(iv), insert—

“(c) 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 course is an end-on course;

(iii) period of eligibility in respect of the course in sub-paragraph (c)(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 (c)(ii).”

(5) In paragraph (5) of regulation 78—

(a) in sub-paragraph (a), for “and” substitute “or”; and

(b) for sub-paragraph (b), substitute—

“(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) In regulation 93—

(a) in paragraph (7), for the words “paragraphs (8)(a) or (b)” substitute “paragraph (8)(a), (b) or (c)”;

(b) in paragraph (8)—

(i) at the end of sub-paragraph (b)(iv), for “.” substitute “;”; and

(ii) after sub-paragraph (b)(iv), insert—

“(c) 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 (c)(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 (c)(ii).”

(7) At the end of regulation 95, insert—

“(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 114 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) In regulation 121(1), after “a grant in respect of fees”, insert “or a new part-time fee loan”.