Title, commencement and application

1.

(1)

The title of these Regulations is the Education (Student Support) (Wales) (Amendment) Regulations 2016.

(2)

This regulation and regulations 2, 4, 5, 8, 10, 12(2), 14 and 16 come into force on 22 February 2016.

(3)

All other regulations and the Schedule—

(a)

come into force on 22 February 2016; and

(b)

apply to the provision of support to students in relation to an academic year which begins on or after 1 September 2016 whether anything done under these Regulations is done before, on or after 1 September 2016.

(4)

These regulations apply in relation to Wales.

Annotations:
Commencement Information

I1Reg. 1 in force at 22.2.2016, see reg. 1(2)

Amendment of the Education (Student Support) (Wales) Regulations 2015

2.

The Education (Student Support) (Wales) Regulations 20153 are amended in accordance with regulations 3 to 18.
Annotations:
Commencement Information

I2Reg. 2 in force at 22.2.2016, see reg. 1(2)

3.

In regulation 2 (interpretation), in paragraph (1)—

(1)

after the definition of “end-on course” insert—
  • ““entitlement period” (“cyfnod hawlogaeth”) has the meaning given in regulation 28(3A);”

(2)

after the definition of “universal healthcare bursary” insert—
  • ““valid declaration of eligibility” (“datganiad cymhwystra dilys”) has the meaning given in regulation 28(3A).”

Annotations:
Commencement Information

I3Reg. 3 in force at 22.2.2016, see reg. 1(3)

4.

In regulation 5 (designated courses) after paragraph (8) insert—

“(9)

The Welsh Ministers may revoke or suspend the designation of a course which is designated under paragraph (8).”

Annotations:
Commencement Information

I4Reg. 4 in force at 22.2.2016, see reg. 1(2)

5.

In regulation 10 (time limits), in paragraph (2)(e) for “22(4)” substitute “22(7)”.

Annotations:
Commencement Information

I5Reg. 5 in force at 22.2.2016, see reg. 1(2)

6.

For regulation 12 (requirement to enter into a contract for a loan), substitute—

“Requirement to enter into a contract for a loan12.

(1)

To receive a loan an eligible student must enter into a contract with the Welsh Ministers on terms to be decided by the Welsh Ministers.

(2)

The Welsh Ministers may require an eligible student to sign a contract by means of an electronic signature in such form as the Welsh Ministers may specify.”

Annotations:
Commencement Information

I6Reg. 6 in force at 22.2.2016, see reg. 1(3)

7.

In regulation 28 (grants for dependants – childcare grant)—

(1)

In paragraph (2), after “paragraphs 3” insert “, (3B)”.

(2)

After paragraph (3) insert—

“(3A)

In these Regulations, “entitlement period” and “valid declaration of eligibility” have the same meaning as they have for the purposes of the Childcare Payments Act 20144 and regulations made under that Act.

(3B)

An eligible student does not qualify for a grant under this regulation during any entitlement period for which an eligible student or an eligible student’s partner has made a valid declaration of eligibility under the Childcare Payments Act 2014 in relation to any child.”

Annotations:
Commencement Information

I7Reg. 7 in force at 22.2.2016, see reg. 1(3)

8.

In the English text in regulation 37 (maintenance grant – new system eligible students who are not new cohort students), in paragraph (3)(a) after “£3,000” omit the comma.

Annotations:
Commencement Information

I8Reg. 8 in force at 22.2.2016, see reg. 1(2)

9.

In regulation 67 (overpayments), after paragraph (13) insert—

“(14)

For the purpose of this regulation reference to an eligible student includes a person who has received support under Part 5 or 6 but who does not satisfy the requirements of regulation 4 (eligible students).”

Annotations:
Commencement Information

I9Reg. 9 in force at 22.2.2016, see reg. 1(3)

10.

In regulation 71 (designated distance learning courses), after paragraph (5) insert—

“(6)

The Welsh Ministers may revoke or suspend the designation of a course which is designated under this regulation.”

Annotations:
Commencement Information

I10Reg. 10 in force at 22.2.2016, see reg. 1(2)

11.

In regulation 85 (overpayments), after paragraph (10) insert—

“(11)

For the purpose of this regulation reference to an eligible distance learning student includes a person who has received support under this Part but who does not satisfy the requirements of regulation 69 (eligible distance learning student).”

Annotations:
Commencement Information

I11Reg. 11 in force at 22.2.2016, see reg. 1(3)

12.

In regulation 88 (designated part-time courses)—

(1)

after paragraph (1)(d) insert—

“(dd)

for a course beginning on or after 1 September 2016 which falls within paragraph 1, 2, 4, 6, 7 or 8 of Schedule 2, it is a course leading to an award granted or to be granted by a body falling within section 214(2)(a) or (b) of the Education Reform Act 19885.”

(2)

after paragraph (7) insert—

“(8)

The Welsh Ministers may revoke or suspend the designation of a course which is designated under paragraph (6).”

Annotations:
Commencement Information

I12Reg. 12(1) in force at 22.2.2016, see reg. 1(3)

I13Reg. 12(2) in force at 22.2.2016, see reg. 1(2)

13.

In regulation 97 (part-time childcare grant)—

(1)

In paragraph (2), after “paragraphs (3)” insert “, (3A)”.

(2)

After paragraph (3) insert—

“(3A)

An eligible student does not qualify for a grant under this regulation during any entitlement period for which an eligible student or an eligible student’s partner has made a valid declaration of eligibility under the Childcare Payments Act 2014 in relation to any child.”

Annotations:
Commencement Information

I14Reg. 13 in force at 22.2.2016, see reg. 1(3)

14.

In regulation 100 (part-time grants for dependants – interpretation)—

(1)

in paragraph (1)(j) for “(i), (j), (k)” substitute “(p), (q), (r)”;

(2)

in paragraph (1)(j) for “(2) and (3)” substitute “(3) and (4)”;

(3)

in paragraph (1)(q) for “(h)” substitute “(j)”;

(4)

in paragraph (1)(r) for “(h)” substitute “(j)”;

(5)

in paragraph (5) for “(5)” substitute “(6)”;

(6)

in paragraph (6) for “(4)” substitute “(5)”.

Annotations:
Commencement Information

I15Reg. 14 in force at 22.2.2016, see reg. 1(2)

15.

In regulation 114 (overpayments), after paragraph (10) insert—

“(11)

For the purpose of this regulation reference to an eligible part-time student includes a person who has received support under this Part but who does not satisfy the requirements of regulation 86 (eligible part-time students).”

Annotations:
Commencement Information

I16Reg. 15 in force at 22.2.2016, see reg. 1(3)

16.

In regulation 117 (designated postgraduate courses)—

(1)

in the English text in paragraph (1)(c) after “institution” in the second place it occurs, insert “in”;

(2)

after paragraph (4) insert—

“(5)

The Welsh Ministers may revoke or suspend the designation of a course which is designated under paragraph (4).”

Annotations:
Commencement Information

I17Reg. 16 in force at 22.2.2016, see reg. 1(2)

17.

In regulation 124 (overpayments), after paragraph (9) insert—

“(10)

For the purpose of this regulation reference to an eligible postgraduate student includes a person who has received support under this Part but who does not satisfy the requirements of regulation 115 (eligible postgraduate students).”

Annotations:
Commencement Information

I18Reg. 17 in force at 22.2.2016, see reg. 1(3)

18.

The Schedule to these Regulations has effect to substitute the figure in the third column of the table for the figure in the second column where it appears in the regulation of the Education (Student Support) (Wales) Regulations 2015 set out in the first column.

Annotations:
Commencement Information

I19Reg. 18 in force at 22.2.2016, see reg. 1(3)

Huw Lewis
Minister for Education and Skills, one of the Welsh Ministers