2018 No. 813 (W. 164)
Education, Wales

The Education (Student Support) (Wales) (Amendment) Regulations 2018

Made
Laid before the National Assembly for Wales
Coming into force
The Welsh Ministers, in exercise of powers conferred on the Secretary of State under sections 22 and 42(6) of the Teaching and Higher Education Act 19981 and now exercisable by them2, make the following Regulations:

PART 1TITLE AND COMMENCEMENT

Title and commencement1.

(1)

The title of these Regulations is the Education (Student Support) (Wales) (Amendment) Regulations 2018.

(2)

These Regulations come into force on 1 August 2018.

Annotations:
Commencement Information

I1Reg. 1 in force at 1.8.2018, see reg. 1(2)

PART 2AMENDMENTS TO THE EDUCATION (STUDENT SUPPORT) (WALES) REGULATIONS 2018

Amendments to the Education (Student Support) (Wales) Regulations 2018

2.

The Education (Student Support) (Wales) Regulations 20183 are amended in accordance with regulations 3 to 10.
Annotations:
Commencement Information

I2Reg. 2 in force at 1.8.2018, see reg. 1(2)

3.

In regulation 46(3)(c), after “household income” insert “exceeding £18,370”.

Annotations:
Commencement Information

I3Reg. 3 in force at 1.8.2018, see reg. 1(2)

4.

For regulation 56 substitute—

“Amount of maintenance loan: full-time students who qualify for special support payment56.

(1)

Where a full-time student qualifies for a special support payment under regulation 50, the amount of maintenance loan payable to the student is calculated in accordance with paragraph (2).

(2)

The amount of maintenance loan payable is calculated by applying the following steps—

Step 1

Identify the amount of—

(a)

maintenance grant payable to the student under regulation 46, and

(b)

base grant payable to the student under regulation 45.

Step 2

Identify the amount of base grant and maintenance grant to be treated as a special support payment under regulation 50.

Step 3

Identify the applicable amount of living support for the student by reference to Table 8, where—

(a)

Column 1 specifies the academic year in relation to which the amounts of living support in Column 3 apply;

(b)

Column 2 specifies the location in which the student is living (see paragraph 3 of Schedule 1);

(c)

Column 3 specifies the applicable amounts of living support for the corresponding entries in Columns 1 and 2.

Table 8

Column 1

Academic year

Column 2

Location of student

Column 3

Applicable amount of living support for special support student

Beginning on or after 2018

Living at home

£7,650

Living away from home, studying in London

£11,250

Living away from home, studying elsewhere

£9,000

Step 4

Whichever is the greater of—

(a)

the amount identified at Step 3, or

(b)

the amounts of grant identified at Step 1 plus the minimum amount of maintenance loan payable to the student as specified by reference to Table 8A,

is the maximum amount of living support available to the student.

Step 5

Calculate the notional maximum amount of maintenance loan by deducting the amount of special support payment identified at Step 2 from the maximum amount of living support identified at Step 4.

Step 6

Deduct the amount of any maintenance grant payable to the student that is not treated as special support payment from the notional maximum amount of maintenance loan calculated at Step 5.

The result is the amount of maintenance loan payable to the student.

(3)

In Table 8A—

(a)

Column 1 specifies the academic year in relation to which the minimum amounts of maintenance loan in Column 3 apply;

(b)

Column 2 specifies the location in which the student is living (see paragraph 3 of Schedule 1);

(c)

Column 3 specifies the minimum amounts of maintenance loan payable for the corresponding entries in Columns 1 and 2.

Table 8A

Column 1

Academic year

Column 2

Location of student

Column 3

Minimum amount of maintenance loan payable

Beginning on or after 2018

Living at home

£3,325

Living away from home, studying in London

£5,125

Living away from home, studying elsewhere

£4,000

(4)

In this regulation, “living support” is the collective term for special support payment, maintenance grant and maintenance loan.”

Annotations:
Commencement Information

I4Reg. 4 in force at 1.8.2018, see reg. 1(2)

5.

In regulation 58 (amount of maintenance loan: part-time students), at the end insert—

“(3)

This regulation is subject to regulation 58A.”

Annotations:
Commencement Information

I5Reg. 5 in force at 1.8.2018, see reg. 1(2)

6.

After regulation 58 insert—

“Amount of maintenance loan: part-time students who qualify for special support payment58A.

(1)

Where a part-time student qualifies for a special support payment under regulation 50, the amount of maintenance loan payable to the student is calculated in accordance with paragraph (2).

(2)

The amount of maintenance loan is calculated by applying the following steps—

Step 1

Identify the amount of base grant and maintenance grant payable to the student which is to be treated as a special support payment under regulation 50.

Step 2

Calculate the applicable amount of living support for the student by reference to Table 10A, where Column 2 of the table specifies the amount of living support that applies in relation to the academic year specified in Column 1.

Table 10A

Column 1

Column 2

Academic year

Amount of living support for part-time student where special support payable

Beginning on or after 2018

£6,650 multiplied by intensity of study

Step 3

Deduct the amount of special support payment identified at Step 1 from the applicable amount of living support identified at Step 2.

The result is the amount of maintenance loan payable to the student.

(3)

In this regulation, “living support” is the collective term for special support payment, maintenance grant and maintenance loan.”

Annotations:
Commencement Information

I6Reg. 6 in force at 1.8.2018, see reg. 1(2)

7.

In regulation 81(2) (qualifying for grants or maintenance loan during the academic year), for sub-paragraph (a) substitute—

“(a)

will only, in the case of a grant, be in respect of the remaining days of the academic year, and, in the case of a maintenance loan, only be in respect of the remaining term days of the academic year, in either case beginning with the day the relevant event occurs, and”

Annotations:
Commencement Information

I7Reg. 7 in force at 1.8.2018, see reg. 1(2)

8.

In regulation 93 (support reduced for periods spent in prison), for paragraph (2) substitute—

“(2)

Where this regulation applies, the amount of grant or maintenance loan payable is reduced by the number of days during the academic year that the eligible student is a prisoner.”

Annotations:
Commencement Information

I8Reg. 8 in force at 1.8.2018, see reg. 1(2)

9.

In regulation 94 (support reduced for other periods of absence), for paragraph (2) substitute—

“(2)

Where this regulation applies, the amount of grant or maintenance loan is reduced by the number of days during the academic year the eligible student is absent from their course.”

Annotations:
Commencement Information

I9Reg. 9 in force at 1.8.2018, see reg. 1(2)

10.

In regulation 95 (payments when period of eligibility ends or is terminated), for paragraph (1) substitute—

“(1)

Where an eligible student’s period of eligibility has ended or has been terminated, any amount of grant or maintenance loan payable in respect of an academic year is reduced by the number of days in the academic year when eligibility has ended or terminated.”

Annotations:
Commencement Information

I10Reg. 10 in force at 1.8.2018, see reg. 1(2)

Kirsty Williams
Cabinet Secretary for Education, one of the Welsh Ministers
EXPLANATORY NOTE
(This note is not part of the Regulations)

The Education (Student Support) (Wales) Regulations 2018 (“the 2018 Regulations”) provide for financial support for students taking designated higher education courses which begin on or after 1 August 2018. The 2018 Regulations also provide support for courses which begin before 1 August 2018 and are subsequently converted from full-time to part-time or part-time to full-time on or after 1 August 2018.

These Regulations amend the 2018 Regulations.

Regulation 3 amends regulation 46(3)(c) of the 2018 Regulations so that where a student’s household income exceeds £18,370 but is less than £59,200, the maximum amount of maintenance grant payable is reduced by £1 for every £5.750 of household income exceeding £18,370 where the student is living away from home, studying somewhere other than London.

Regulation 4 substitutes new regulation 56 for regulation 56 of the 2018 Regulations. The new regulation makes provision for the calculation of the amount of maintenance loan payable to full-time students who qualify for a special support payment under regulation 50 of the 2018 Regulations.

Regulation 5 inserts a new paragraph into regulation 58 of the 2018 Regulations as a consequence of regulation 6. Regulation 6 provides for a new regulation to be inserted into the 2018 Regulations as regulation 58A. Regulation 58A makes provision for the calculation of maintenance loan payable to part-time students who qualify for a special support payment under regulation 50 of the 2018 Regulations.

Regulations 7, 8, 9 and 10 amend, respectively, regulations 81, 93, 94 and 95 of the 2018 Regulations which deal with the calculation of maintenance loan entitlement where a student qualifies for support but at a point during the academic year is absent from the course or their period of eligibility ends or is terminated.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Higher Education Division, Welsh Government, Cathays Park, Cardiff CF10 3NQ.