資料由法律人 LawPlayer整理提供·UK legislation / curated by LawPlayer from legislation.gov.uk
(1) The title of these Regulations is the Assembly Learning Grants and Loans (Higher Education) (Wales) (Amendment) Regulations 2006.
(2) These Regulations come into force on 14 July 2006 and apply in relation to Wales.
In these Regulations—
“The Principal Regulations” mean the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2006 .
The Principal Regulations are amended as follows.
In regulation 2(1)—
(a) omit the sub-paragraphs defining the following terms—
“ EEA Agreement” (“ Cytundeb yr AEE ”);
“EEA migrant worker” (“ gweithiwr mudol yr AEE ”);
“European Economic Area” (“ Ardal Economaidd Ewropeaidd ”); and
“Switzerland Agreement” (“ Cytundeb y Swistir ”); and
in the appropriate place in alphabetical order insert—
“College fee loan” (“ benthyciad ffioedd coleg ”) means a loan pursuant to regulations made by the National Assembly under section 22 of the Act in respect of the college fees payable by a student to a college or permanent private hall of the University of Oxford or to a college of the University of Cambridge;
“fees” (“ ffioedd ”) has the meaning given in section 41(1) of the 2004 Act except in the case of college fees;
In regulation 2, omit paragraphs (2) to (5).
Insert after paragraph (4) of regulation 3, the following paragraph—
(4A) For the purposes of paragraphs (2) to (4), any reference to the Secretary of State in relation to any function conferred on the Secretary of State by the Regulations referred to in those paragraphs, is to be read in relation to Wales as a reference to—
(a) the National Assembly, in the case of a function referred to in section 44(1) of the Act; or
(b) the National Assembly or the Secretary of State, in the case of a function referred to in section 44(2) of the Act.
In regulation 4(2)(a), before the words “Schedule 1” insert the words “Part 2 of”.
In regulation 6(4), after the words “Despite paragraph (1)” insert the words “and subject to paragraph 6(4B).”.
After regulation 6(4) insert—
(4A) Paragraph (4B) applies to—
(a) a new system eligible student who is on an end-on course of the kind described in paragraph (a) or (b) of the definition of “end-on course” in regulation 2;
(b) a new system eligible student who has—
(i) completed a full-time course mentioned in paragraph 2 or 3 of Schedule 2;
(ii) is on a full-time first degree course (other than a first degree course for the initial training of teachers) that he or she did not begin immediately after the course referred to in paragraph (i); and
(iii) has not taken a full-time first degree course after the course referred to in paragraph (i) and before the present course;
(c) a new system eligible student who has—
(i) completed a full-time foundation degree course;
(ii) is on a full-time honours degree course that he or she did not begin immediately after the course referred to in paragraph (i); and
(iii) has not taken a full-time first degree course after the course referred to in paragraph (i) and before the present course; and
(d) an old system eligible student who is a student on an end-on course of the kind described in paragraphs (a) and (b) of the definition of “end — on course” in regulation 2.
After regulation 6(4A) (as inserted by regulation 9 above), insert—
(4B) Despite paragraph (1), an eligible student to whom this paragraph applies is only eligible for grants or loans for fees and grants for living costs in respect of the present course for the number of academic years equal to (D + X)−Pr C.
In regulation 6(9) insert—
(a) after paragraph (a)—
(aa) D is the greater of 3 and the number of academic years that make up the ordinary duration of the course;
(b) after paragraph (c )—
(ca) X is 1 where the ordinary duration of the preliminary course was less than three years and where the ordinary duration of the preliminary course was three years;
(c) after paragraph (9)(d)—
(da) PrC is the number of academic years that the student spent on the preliminary course excluding any years of repeat study for compelling personal reasons;
In regulation 7(1), for “paragraph (3)” substitute “paragraphs (3) and (3A)” and omit the words “or a grant for living costs”.
In regulation 7(2) for the words “paragraphs (3) and (4)” substitute the words “paragraphs (3A) and (4)”.
After regulation 7(3) insert—
(3A) Where the present course is considered to be a single course because of regulations 5(4) and 5(5) and it leads to an honours degree from an institution in the United Kingdom being conferred on the eligible student before the final degree or equivalent qualification, the eligible student is not prevented from qualifying for support under paragraph (1) or (2) in respect of any part of the single course by virtue of having that honours degree.
For regulation 7(4) substitute—
Paragraph (2) does not apply where—
the designated course leads to qualification as a social worker;
the eligible student is to receive any payment under a healthcare bursary the amount of which is calculated by reference to his or her income or a Scottish healthcare allowance the amount of which is calculated by reference to his or her income in respect of any academic year of the course; or
the student is on a course for the initial training of teachers.
After regulation 7(7) insert—
(8) Paragraphs (6A) and (6B) of regulation 18 extend the provisions of this regulation relating to qualification for fee loans and fee grants to the grants for living costs referred to in those paragraphs, subject to specified exceptions.
For regulation 10(2)(a), substitute the following—
(a) one of the events listed in regulation 11C occurs after the first day of the academic year in respect of which the applicant is applying for support, in which case the application must reach the National Assembly within a period of nine months beginning with the day on which the relevant event occurs.
Omit regulation 10(2)(b) and (c).
After regulation 11 insert the following new Part—
APPLYING FOR GRANTS AND LOANS FOR FEES
Fee Support Generally
(11A)
(1) No grant under Part 4 or loan under Part 5 in respect of an academic year may exceed the fees payable by the student in respect of that academic year.
(2) To receive a loan under these Regulations the student must enter into a contract with the National Assembly.
Students becoming eligible during the course of an academic year
(11B) Where any of the events listed in regulation 11C occurs in the course of an academic year—
(a) a student may qualify for grants and loans under Part 4 or 5 provided that the relevant event occurred within the first three months of the academic year; and
(b) such grants and loans are not available in respect of any academic year beginning before the academic year in which the relevant event occurred.
Events
(11C) The events are—
(a) the student’s course becomes a designated course;
(b) the student, his or her spouse, his or her civil partner or his or her parent is recognised as a refugee or becomes a person with leave to enter or remain (as defined in Part 1 of Schedule 1);
(c) a state accedes to the European Community where the student is a national of that state or a family member (as defined in Part 1 of Schedule 1) of a national of that state;
(d) the student becomes a family member (as defined in Part 1 of Schedule 1) of an EC national;
(e) the student acquires the right of permanent residence (as defined in Part 1 of Schedule 1);
(f) the student becomes a person described in paragraph 6(1)(a) of Schedule 1; or
(g) the student becomes the child of a Swiss national.
In the headings for Part 6 and regulation 18 after the words “for living” insert the words “and other”.
In regulations 18(1), 18(2), 18(3), 18(5) and 18(7) omit the words “for living costs” wherever they appear.
In regulation 18(2) substitute for the words “from 1 to 8 of Schedule 1 into which the student falls is paragraph 7”, the words “in Part 2 of Schedule 1 into which the student falls is paragraph 9”.
After regulation 18(6) insert—
(6A) Subject to paragraph (6B), an eligible student does not qualify for a grant under regulation 28, 29 or 30 in respect of an academic year of the designated course if the student does not qualify for relevant support in respect of that academic year .
(6B) Paragraph (6A) does not apply if the reason that the student does not qualify for relevant support is because—
(a) he or she is participating in the action scheme of the European Community for the mobility of university students known as ERASMUS and his or her course is a course referred to in regulation 5(1)(d); and all the periods of study during the academic year are at an institution outside the United Kingdom; or
(b) the degree course is a flexible ITT course.
(6C) In paragraph (6A) “relevant support” means, in the case of a grant under regulation 28, a grant for fees, or, in the case of a grant under regulation 29 or 30, a loan for fees.
In regulation 18(8)(b) substitute for the words “mentioned in paragraph 3 of Schedule 1”, the words “defined in Part 1 of Schedule 1”, and omit the “or” preceding that sub-paragraph.
After regulation 18(8)(b) insert—
(c) the state of which the student is a national accedes to the European Community where the student has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the first academic year of the course;
(d) the student acquires the right of permanent residence (as defined in Part 1 of Schedule 1);
(e) the student becomes a person described in paragraph 6(1)(a) of Schedule 1; or
(f) the student becomes the child of a Swiss national.
In regulation 30(2) after “1992” insert the words “, or if he or she is treated as being liable to make payments in respect of a dwelling prescribed by regulations made under section 130(2) of that Act”.
In regulation 30(5)(c), after “£26,500,” insert “or the student opts when applying for the grant not to provide the information needed to calculate the household income,”.
In regulation 30(6)(d) for the word “maintenance” substitute the words “special support”.
In regulation 31(3) substitute for the words “from 1 to 8 of Schedule 1 into which the student falls is paragraph 7”, the words “in Part 2 of Schedule 1 into which the student falls is paragraph 9”.
In regulation 39(2)(b) substitute for the words “mentioned in paragraph 3 of Schedule 1”, “defined in Part 1 of Schedule 1”.
After regulation 39(2)(b) insert—
(c) the state of which the student is a national accedes to the European Community where the student has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the first academic year of the course;
(d) the student acquires the right of permanent residence (as defined in Part 1 of Schedule 1);
(e) the student becomes a person described in paragraph 6(1)(a) of Schedule 1; or
(f) the student becomes the child of a Swiss National.
After regulation 44, insert—
COLLEGE FEE LOANS
(44A) A college fee loan is available to an eligible student in accordance with Schedule 3A.
After regulation 50(1), insert—
(1A) The National Assembly may confer eligibility for support under this Part on a person who—
(a) is not an eligible part-time student; or
(b) is an eligible part-time student but does not qualify for support under this Part.
In regulation 50(2)(a), before the words “Schedule 1” insert the words “Part 2 of”.
In regulation 50(7) substitute for the words “from 1 to 8 of Schedule 1 into which he falls is paragraph 7”, the words “in Part 2 of Schedule 1 into which the student falls is paragraph 9”.
For paragraphs (13) and (14) of regulation 50, substitute—
(13) Where one of the events listed in paragraph (14) occurs in the course of an academic year—
(a) a student may qualify for a grant in respect of fees in respect of that academic year in accordance with this Part provided that the relevant event occurred within the first three months of the academic year; and
(b) a grant in respect of fees is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.
(13A) Where one of the events listed in sub-paragraphs (a), (b), (e), (f), (g) or (h) of paragraph (14) occurs in the course of an academic year—
(a) a student may qualify for a grant for books, travel and other expenditure in respect of that academic year in accordance with this Part; and
(b) a grant for books, travel and other expenditure is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.
(14) The events are—
(a) the student’s course becomes a designated part-time course;
(b) the student, his spouse, his civil partner or his parent is recognised as a refugee or becomes a person with leave to enter or remain (as defined in Part 1 of Schedule 1);
(c) a state accedes to the European Community where the student is a national of that state or a family member (as defined in Part 1 of Schedule 1) of a national of that state;
(d) the student becomes a family member (as defined in Part 1 of Schedule 1) of an EC national;
(e) the state of which the student is a national accedes to the European Community where the student has been ordinarily resident in the United Kingdom and Islands throughout the three year-period immediately preceding the first day of the first academic year of the course;
(f) the student acquires the right of permanent residence (as defined in Part 1 of Schedule 1);
(g) the student becomes a person described in paragraph 6(1)(a) of Schedule 1; or
(h) the student becomes the child of a Swiss national.
In regulation 53(5)(g) for the figure “£9.50” substitute the figure of “£2.00”.
In regulation 53(6)(a), for the figures “£9.50”, “£7.63” and “£5.93”, substitute the figures “£15.92”, “£12.79” and “£9.94”, respectively.
Omit regulation 55(3)(a) and for regulation 55 (3)(b) substitute the following—
(b) one of the events listed in paragraph (14) of regulation 50 occurs after the first day of the academic year in respect of which the applicant is applying for support, in which case the application must reach the National Assembly within a period of six months beginning with the date on which the event occurs.
In regulation 62(3)(a), before the words “Schedule 1” insert the words “Part 2 of”.
In regulation 62(7), substitute for the words “from 1 to 8 of Schedule 1 into which he or she falls is paragraph 7”, the words “in Part 2 of Schedule 1 into which the student falls is paragraph 9”.
For Schedule 1, substitute the Schedule set out in Schedule 1 to these Regulations.
After Schedule 3, insert Schedule 3A as set out in Schedule 2 to these Regulations.
For paragraph 3(4) of Schedule 4 substitute—
(4) For the purpose of calculating the contribution payable in respect of a parent student, the residual income of the parent student’s partner must not be aggregated under paragraph (b) of sub-paragraph (2) in the case of a parent student whose child or whose partner’s child holds an award in respect of which the household income is calculated with reference to the residual income of the parent student or of the parent student’s partner or of both
For paragraph 4(2) of Schedule 4 substitute—
(2) Where the only paragraph in Part 2 of Schedule 1 into which an eligible student falls is paragraph 9 and his or her income arises from sources or under legislation different from sources or legislation normally relevant to a person referred to in paragraph 9 of Schedule 1, his or her income is not disregarded in accordance with sub-paragraph (1) but is instead disregarded to the extent necessary to ensure that he or she is treated no less favourably than a person who is referred to in any paragraph of Part 2 of Schedule 1 would be treated if in similar circumstances and in receipt of similar income.
In paragraphs 10(4)(b) and (c) of Schedule 4 insert after the words “exceeds £22,560” the words “where the student is an old system student or exceeds £37,900 where the student is a new system student.”.
After paragraph 10 of Schedule 4 insert the following new paragraph—
Split contributions— independent eligible students
(11)
(1) Where a contribution is payable under paragraph 8 or 9 in relation to an independent eligible student with a partner, the contribution is payable in accordance with the following sub-paragraphs—
(a) for any year in which a statutory award other than an award referred to in paragraph (b) of this sub-paragraph is held by the independent eligible student’s partner, the contribution payable in respect of the independent eligible student is such proportion of any contribution calculated under paragraph 8 or 9 as the National Assembly after consultation with any other authority involved considers just;
(b) subject to the following sub-paragraphs, for any year in which an award payable under these Regulations, the Education (Mandatory Awards) Regulations 2003 or section 63 of the Health Services and Public Health Act 1968 (and no other statutory award) is held by the independent eligible student’s partner, the contribution payable in respect of the independent eligible student is an amount equal to half the contribution calculated under paragraph 8 or 9;
(c) if, as a result of the apportionment under paragraph (b) of this sub-paragraph, the contribution calculated would not be extinguished by applying it in respect of the independent eligible student’s statutory award, the remainder of the contribution is instead applied to the relevant statutory award of his or her partner if they are both old system students or if they are both new system students.
(2) Subject to sub-paragraph (3), there is added to a parent student’s residual income for the purpose of calculating the contribution to his or her statutory award any sum remaining—
(a) where the parent student is the parent of only one eligible student and the contribution payable in respect of that eligible student is greater than the statutory award in respect of that eligible student, the difference between that contribution and that statutory award; or
(b) where a parent student is the parent of more than one eligible student, any sum remaining after the apportionment of the contribution to his or her children under this Schedule.
(3) Where a parent student has a partner who is also an eligible student and whose income is taken into account in assessing the contribution in relation to the children in sub-paragraph (2), half of the sum calculated under sub-paragraph (2) is added to the parent student’s residual income.
(1) For the purposes of this Schedule—
“Directive 2004/38” (“ Cyfarwyddeb 2004/38 ”) means Directive 2004/38/EC of the European Parliament and of the Council of 29th April 2004 on the rights of citizens of the Union and their family members to move and reside freely in the territory of the Member States;
“EC national” (“ gwladolyn y GE ”) means a national of a Member State of the European Community;
“EEA Agreement” (“ Cytundeb yr AEE ”) means the Agreement on the European Economic Area signed at Oporto on 2 May 1992 as adjusted by the Protocol signed at Brussels on 17 March 1993 ;
“EEA frontier self-employed person” (“ person hunan-gyflogedig ”) means an EEA national who—
is a self-employed person in Wales; and
resides in Switzerland or the territory of an EEA State other than the United Kingdom and returns to his or her residence in Switzerland or that EEA State, as the case may be, daily or at least once a week;
“EEA frontier worker” (“ gweithiwr y ffin o ' r AEE ”) means an EEA national who—
is a worker in Wales; and
resides in Switzerland or the territory of an EEA State other than the United Kingdom and returns to his or her residence in Switzerland or that EEA State, as the case may be, daily or at least once a week;
“EEA migrant worker” (“ gweithiwr mudol o ' r AEE ”) means an EEA national who is a worker, other than an EEA frontier worker, in the United Kingdom;
“EEA national” (“ gwaldolyn GE ”) means a national of an EEA State other than the United Kingdom;
“EEA self-employed person” (“ person hunan-gyflogedig o ' r AEE ”) means an EEA national who is a self-employed person, other than an EEA frontier self-employed person, in the United Kingdom;
“EEA State” (“ Gwladwriaeth AEE ”) means a Member State of the European Economic Area;
“employed person” (“ person cyflogedig ”) means an employed person within the meaning of Annex 1 to the Swiss Agreement;
“European Economic Area” (“ Ardal Economaidd Ewropeaidd ”) means the area comprised by the European Community, the Republic of Iceland, the Kingdom of Norway and the Principality of Liechtenstein;
“family member” (“ aelod o deulu ”) means (unless otherwise indicated)—
in relation an EEA frontier worker, an EEA migrant worker, an EEA frontier self-employed person or an EEA self-employed person—
his or her spouse or civil partner;
his or her child or the child of his or her spouse or civil partner; or
dependent direct relatives in his or her ascending line or that of his or her spouse or civil partner;
in relation to a Swiss employed person, a Swiss frontier employed person, a Swiss frontier self-employed person or a Swiss self-employed person—
his or her spouse or civil partner; or
his or her child or the child of his or her spouse or civil partner;
in relation to an EC national who is not self sufficient—
his or her spouse or civil partner; or
direct descendants of his or her or of his or her spouse or civil partner who are—
under the age of 21; or
dependants of his or her or of his or her spouse or civil partner;
in relation to an EC national who is self sufficient—
his or her spouse or civil partner; or
direct descendants of his or her or of his or her spouse or civil partner who are—
under the age of 21; or
dependants of his or her or of his or her spouse or civil partner;
dependent direct relatives in his or her ascending line or that of his or her spouse or civil partner;
in relation to a United Kingdom national, for the purposes of paragraph 9—
his or her spouse or civil partner; or
direct descendants of his or her or of his or her spouse or civil partner who are—
under the age of 21; or
dependants of his or her or of his or her spouse or civil partner;
“person with leave to enter or remain” (“ person sydd â chaniatâd ganddo i ddod i mewn neu aros ”) means a person who—
has been informed by a person acting under the authority of the Secretary of the State for the Home Department that, although he or she is considered not to qualify for recognition as a refugee, it is thought right to allow him or her to enter or remain in the United Kingdom;
has been granted leave to enter or to remain accordingly; and
has been ordinarily resident in the United Kingdom and Islands throughout the period since he or she was granted leave to enter or remain;
“right of permanent residence” (“ Hawl i breswylio 'n barhaol ”) means a right arising under Directive 2004/38 to reside in the United Kingdom permanently without restriction;
“self-employed person” (“ person hunan-gyflogedig ”) means—
in relation to an EEA national, a person who is self-employed within the meaning of article 7 of Directive 2004/38 or the EEA Agreement, as the case may be; or
in relation to a Swiss national, a person who is a self-employed person within the meaning of Annex 1 to the Swiss Agreement;
“self-sufficient” (“ hunangynhaliol ”) means self-sufficient within the meaning of Article 7(1)(b) of Directive 2004/38;
“settled” (“ wedi setlo ”) has the meaning given by section 33(2A) of the Immigration Act 1971 ;
“Swiss Agreement” (“ Cytundeb y Swistir ”) means the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the Free Movement of Persons signed at Luxembourg on 21 June 1999 and which came into force on 1st June 2002;
“Swiss employed person” (“ person cyflogedig Swisaidd ”) means a Swiss national who is an employed person, other than a Swiss frontier employed person, in the United Kingdom;
“Swiss frontier employed person” (“ person cyflogedig Swisaidd y ffin ”) means a Swiss national who—
is an employed person in Wales; and
resides in Switzerland or in the territory of an EEA State other than the United Kingdom and returns to his or her residence in Switzerland or that EEA State, as the case may be, daily or at least once a week;
“Swiss frontier self-employed person” (“ person hunan-gyflogedig Swisaidd y ffin ”) means a Swiss national who—
is a self-employed person in Wales; and
resides in Switzerland or in the territory of an EEA State, other than the United Kingdom, and returns to his or her residence in Switzerland or that EEA State, as the case may be, daily or at least once a week;
“Swiss self-employed person” (“ person hunan-gyflogedig Swisaidd ”) means a Swiss national who is a self-employed person, other than a Swiss frontier self-employed person, in the United Kingdom;
“United Kingdom national” (“ gwladolyn y Deyrnas Unedig ”) means a person who falls to be treated as a national of the United Kingdom for the purposes of the Community Treaties;
“worker” (“ gweithiwr ”) means a worker within the meaning of article 7 of Directive 2004/38 or the EEA Agreement, as the case may be;
(2) For the purposes of this Schedule, “parent” includes a guardian, any other person having parental responsibility for a child and any person having care of a child and “child” is to be construed accordingly.
(3) For the purposes of this Schedule, a person who is ordinarily resident in Wales, England, Scotland, Northern Ireland or the Islands, as a result of having moved from another of those areas for the purpose of undertaking—
(a) the present course; or
(b) a course which, disregarding any intervening vacation, the student undertook immediately before undertaking the present course,
is to be considered to be ordinarily resident in the place from which he or she moved.
(4) For the purposes of this Schedule, a person is to be treated as ordinarily resident in Wales, the United Kingdom and Islands or in the territory comprising the European Economic Area and Switzerland if he or she would have been so resident but for the fact that—
(a) he or she;
(b) his or her spouse or civil partner;
(c) his or her parent; or
(d) in the case of a dependent direct relative in the ascending line, his or her child or child’s spouse or civil partner,
is or was temporarily employed outside Wales, the United Kingdom and Islands or, as the case may be, outside the territory comprising the European Economic Area and Switzerland.
(5) For the purposes of sub-paragraph (4), temporary employment outside Wales, the United Kingdom and Islands or the territory comprising the European Economic Area and Switzerland includes—
(a) in the case of members of the regular naval, military or air forces of the Crown, any period which they serve outside the United Kingdom as members of such forces; and
(b) in the case of members of the regular armed forces of an EEA State or Switzerland, any period which they serve outside the territory comprising the European Economic Area and Switzerland as members of such forces.
(6) For the purposes of this Schedule an area which—
(a) was previously not part of the European Community or the European Economic Area; but
(b) at any time before or after these Regulations come into force has become part of one or other or both of these areas,
is to be considered to have always been a part of the European Economic Area;
(1) A person who on the first day of the first academic year of the course—
(a) is settled in the United Kingdom other than by reason of having acquired the right of permanent residence;
(b) is ordinarily resident in Wales;
(c) has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course; and
(d) subject to sub-paragraph (2), whose residence in the United Kingdom and Islands has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.
(2) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the United Kingdom and Islands in accordance with paragraph 1(4).
A person who—
(a) is settled in the United Kingdom by virtue of having acquired the right of permanent residence;
(b) is ordinarily resident in Wales on the first day of the first academic year of the course;
(c) has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course; and
(d) in a case where his or her residence as referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the European Economic Area and Switzerland immediately before the period of ordinary residence as referred to in paragraph (c).
The Assembly Learning Grants and Loans (Higher Education) (Wales) (Amendment) Regulations 2006 (legislation.gov.uk, OGL v3.0). Retrieved via LawPlayer, https://lawplayer.com/uk/act/wsi-2006-1863 (accessed 2026-07-06)
Contains public sector information licensed under the Open Government Licence v3.0.
本頁資料來源：legislation.gov.uk (The National Archives)·整理提供：法律人 LawPlayer· lawplayer.com