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(1) The title of these Regulations is the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2011.
(2) These Regulations come into force on 21 February 2011 and apply in relation to Wales.
(1) In these Regulations, except where the context otherwise requires—
“the 1962 Act ” (“ Deddf 1962 ”) means the Education Act 1962 ;
“the 1998 Act ” (“ Deddf 1998 ”) means the Teaching and Higher Education Act 1998;
“the 1998 Regulations ” (“ Rheoliadau 1998 ”) means the Education (Student Support) Regulations 1998 ;
“the 1999 Regulations ” (“ Rheoliadau 1999 ”) means the Education (Student Support) Regulations 1999 ;
“the 2000 Regulations ” (“ Rheoliadau 2000 ”) means the Education (Student Support) Regulations 2000 ;
“the 2001 Regulations ” (“ Rheoliadau 2001 ”) means the Education (Student Support) Regulations 2001 ;
“the 2002 Regulations ” (“ Rheoliadau 2002 ”) means the Education (Student Support) Regulations 2002 ;
“the 2003 Regulations ” (“ Rheoliadau 2003 ”) means the Education (Student Support) ( No. 2) Regulations 2002 as amended ;
“the 2004 Regulations ” (“ Rheoliadau 2004 ”) means the 2003 Regulations as further amended ;
“the 2005 Regulations ” (“ Rheoliadau 2005 ”) means the Education (Student Support) Regulations 200 );
“the 2006 Regulations ” (“ Rheoliadau 2006 ”) means the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2006 ;
“the 2007 Regulations ” (“ Rheoliadau 2007 ”) means the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2007 ;
“the 2008 Regulations ” (“ Rheoliadau 2008 ”) means the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2008 ;
“the 2008 (No. 2) Regulations ” (“ Rheoliadau (Rhif 2) 2008 ”) means the Assembly Learning Grants and Loans (Higher Education) (Wales) (No. 2) Regulations 2008 ;
“the 2009 Regulations ” (“ Rheoliadau 2009 ”) means the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2009 ;
“2006 gap year student” (“ myfyriwr blwyddyn i ffwrdd 2006 ”) has the meaning given in paragraph (2);
“2010 cohort student” (“ myfyriwr carfan 2010 ”) means an eligible student who begins the present course on or after 1 September 2010 and before 1 September 2011, other than—
a 2010 gap year student;
an eligible student who started the present course on or after 1 September 2010 and before 1 September 2011 where that course is an end-on course following on from a course that the student started before—
1 September 2010; or
1 September 2011 and in relation to which the student is a 2010 gap year student; or
an eligible student who started the present course on or after 1 September 2010 and before 1 September 2011 whose status as an eligible student transferred to that course as a result of one or more transfers of that status by the Welsh Ministers pursuant to regulations made under section 22 of the 1998 Act from a designated course which the student began before—
1 September 2010; or
1 September 2011 and in relation to which the student is a 2010 gap year student;
“2010 gap year student” (“ myfyriwr blwyddyn i ffwrdd 2010 ”) has the meaning given in paragraph (12);
“2011 cohort student” (“ myfyriwr carfan 2011 ”) means an eligible student who begins the present course on or after 1 September 2011, other than—
a 2011 gap year student;
an eligible student who started the present course on or after 1 September 2011 where that course is an end-on course following on from a course that—
the student started before 1 September 2011; or
the student started before 1 September 2012 and in relation to which the student is a 2011 gap year student; or
an eligible student who started the present course on or after 1 September 2011 and whose status as an eligible student transferred to that course as a result of one or more transfers of that status by the Welsh Ministers pursuant to regulations made under section 22 of the 1998 Act from a designated course which the student began—
before 1 September 2011; or
before 1 September 2012 and in relation to which the student is a 2011 gap year student;
“2011 gap year student” (“ myfyriwr blwyddyn i ffwrdd 2011 ”) has the meaning given in paragraph (16);
“academic authority” (“ awdurdod academaidd ”) means, in relation to an institution, the governing body or other body having the functions of a governing body and includes a person acting with the authority of that body;
“academic year” (“ blwyddyn academaidd ”) means 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;
“accelerated course” (“ cwrs carlam ”) means a course of two years' duration which persons undertaking it are normally required by the institution providing it to attend (whether at premises of the institution or elsewhere) for a period of at least 40 weeks in the final year;
“adult dependants' grant” (“ grant dibynyddion mewn oed ”) means the grant payable under regulation 27;
“applicant” (“ ceisydd ”) means, in relation to a person who applies for support payable under these Regulations to an eligible—
student, a person who makes an application under regulation 9;
distance learning student, a person who makes an application under regulation 79;
part-time student, a person who makes an application under regulation 104; and
postgraduate student, a person who makes an application under regulation 119;
“borrower” (“ benthyciwr ”) means a person to whom a loan has been made;
“bursary year” (“ blwyddyn bwrsari ”) means an academic year of a course in relation to which the student is eligible to apply for a healthcare bursary or a Scottish healthcare allowance, the amount of which is calculated by reference to that student’s income whether or not the calculation results in a nil amount;
“childcare grant” (“ grant gofal plant ”) means the grant payable under regulation 28;
“college fees” (“f fioedd coleg ”) means the fees payable by a qualifying student to a college or permanent private hall of the University of Oxford or to a college of the University of Cambridge in connection with the qualifying student’s attendance on a qualifying course;
“college fee loan” (“ benthyciad at ffioedd coleg ”) means a loan for college fees payable to a qualifying student pursuant to regulations made by the Welsh Ministers under section 22 of the 1998 Act;
“compressed degree course” (“ cwrs gradd cywasgedig ”) means a course determined by the Secretary of State to be a compressed degree course;
“compressed degree student” (“ myfyriwr cwrs gradd cywasgedig ”) means an eligible student who—
is undertaking a compressed degree course in the United Kingdom ( the “course”);
either—
began the course on or after 1 September 2006 and is continuing on that course after 31 August 2011; or
begins the course on or after 1 September 2011; and
either—
is required to be in attendance on the course for part of the academic year for which the eligible student is applying for support under these Regulations; or
is a disabled eligible student who is not required to be in attendance on the course as that student is unable to attend because of a reason which relates to that student’s disability;
“contribution” (“ cyfraniad ”) means in relation to—
an eligible student, the student’s contribution calculated pursuant to regulation 62 and Schedule 5;
an eligible part-time student, the student’s contribution calculated pursuant to regulation 101 and Schedule 6;
“course for the initial training of teachers” (“ cwrs ar gyfer hyfforddiant cychwynnol athrawon ”) includes such a course leading to a first degree unless otherwise indicated but excludes an employment-based teacher training scheme;
“designated course” (“ cwrs dynodedig ”) means a course designated by regulation 5 or by the Welsh Ministers under regulation 5;
“designated distance learning course” (“ cwrs dysgu o bell dynodedig ”) means a course designated by the Welsh Ministers under regulation 73;
“designated part-time course” (“ cwrs rhan-amser dynodedig ”) means a course designated by regulation 90 or by the Welsh Ministers under regulation 90;
“designated postgraduate course” (“ cwrs ôl-radd dynodedig ”) means a course designated by regulation 116 or by the Welsh Ministers under regulation 116;
“ Directive 2004/38 ” (“ Cyfarwyddeb 2004/38 ”) means Directive 2004/38/ EC of the European Parliament and of the Council on the right of citizens of the Union and their family members to move and reside freely in the territory of the Member States;
“electronic signature” (“ llofnod electronig ”) is so much of anything in electronic form as—
is incorporated into or otherwise logically associated with any electronic communication or electronic data; and
purports to be so incorporated or associated for the purpose of being used in establishing the authenticity of the communication or data, the integrity of the communication or data, or both;
“eligible distance learning student” (“ myfyriwr dysgu o bell cymwys ”) has the meaning given in regulation 71;
“eligible part-time student” (“ myfyriwr rhan-amser cymwys ”) has the meaning given in regulation 88;
“eligible postgraduate student” (“ myfyriwr ôl-raddedig cymwys ”) has the meaning given in regulation 114;
“eligible student” (“ myfyriwr cymwys ”) has the meaning given in regulation 4;
“employment-based teacher training scheme” (“ cynllun hyfforddi athrawon ar sail cyflogaeth ”) means—
a scheme established by the Welsh Ministers for the purpose of regulation 8 of the Education (School Teachers' Qualifications) (Wales) Regulations 2004 whereby a person may undertake initial teacher training in order to obtain qualified teacher status while being employed to teach at a maintained school, an independent school or other institution except a pupil referral unit; or
a scheme established by the Secretary of State whereby a person may undertake initial teacher training in order to obtain qualified teacher training status while being employed to teach at a school, city college, Academy, independent school or other institution except a pupil referral unit;
“end-on course” (“ cwrs penben ”) means—
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 or 3 of Schedule 2 for which the student received or was entitled to receive a transitional award, a loan under the 1998 Regulations or support under the 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2008 (No. 2) or 2009 Regulations;
a full-time honours degree course beginning on or after 1 September 2006 which, disregarding any intervening vacation, a student starts to attend immediately after ceasing to attend a full-time foundation degree course for which the student received or was entitled to receive a transitional award, a loan under the 1998 Regulations or support under the 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2008 (No. 2) or 2009 Regulations;
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 a transitional award, a loan under the 1998 Regulations or support under the 1999, 2000, 2001, 2002, 2003, 2004 or 2005 Regulations;
“Erasmus year” (“ blwyddyn Erasmus ”) means an academic year of a course during which a student is participating in the action scheme of the European Union for the mobility of university students known as ERASMUS and where the student’s course is a course referred to in regulation 5(1)(e) and all the periods of—
study during the academic year are attended at an institution outside the United Kingdom; or
work placement during the academic year are attended at a workplace outside the United Kingdom;
“ EU national ” (“ gwladolyn o'r UE ”) means a national of a Member State of the European Union;
“European Union” (“ yr Undeb Ewropeaidd ”) means the territory comprised by the Member States of the European Union as constituted from time to time;
“fees” (“ ffioedd ”) has the meaning given in section 28(1) of the 1998 Act except in references to college fees;
“fee contribution loan” (“ benthyciad cyfrannu at ffioedd ”) means a loan for fees payable to an old system eligible student pursuant to Part 4;
“fee loan” (“ benthyciad at ffioedd ”) means a loan for fees payable to a new system eligible student pursuant to Part 4;
“fee support” (“ cymorth at ffioedd ”) means grants in relation to fees pursuant to regulations made by the Welsh Ministers under section 22 of the 1998 Act and includes fee contribution loans and fee loans in relation to fees under Part 4;
“flexible postgraduate ITT course” (“ cwrs HCA hyblyg i ôl-raddedigion ”) means a postgraduate course of initial teacher training, the length and pattern of which is determined by reference to the eligible student’s experience and training requirements and which has been approved by the Training and Development Agency for Schools or the Higher Education Funding Council for Wales where the course—
began before 1 September 2010;
begins on or after 1 September 2010 where the student transfers to the present course pursuant to regulation 8 from a course for the initial training of teachers which began before 1 September 2010; or
begins on or after 1 September 2010 but before 1 September 2011 and in relation to which the student is a 2010 gap year student;
“former Metropolitan Police District” (“c yn Ardal yr Heddlu Metropolitanaidd ”) means—
Greater London, excluding the city of London, the Inner Temple and the Middle Temple;
in the county of Essex, in the district of Epping Forest—
the area of the former urban district of Chigwell,
the parish of Waltham Abbey;
in the county of Hertfordshire—
in the borough of Broxbourne, the area of the former urban district of Cheshunt,
the district of Hertsmere,
in the district of Welwyn Hatfield, the parish of Northaw; and
in the county of Surrey—
in the borough of Elmbridge, the area of the former urban district of Esher,
the boroughs of Epsom and Ewell and Spelthorne,
in the district of Reigate and Banstead, the area of the former urban district of Banstead;
“grant for disabled distance learning students' living costs” (“ grant at gostau byw myfyrwyr dysgu o bell anabl ”) means the grant payable under regulation 78;
“grant for disabled part-time students' living costs” (“ grant at gostau byw myfyrwyr rhan-amser anabl ”) means the grant payable under regulation 93;
“grant for disabled students' living costs” (“ grant at gostau byw myfyrwyr anabl ”) means the grant payable under regulation 25;
“grant for living costs” (“ grant at gostau byw ”) (without more) means a grant under any of the provisions of Part 5 of these Regulations;
“grants for dependants” (“ grantiau ar gyfer dibynyddion ”) means the grants and allowance listed in regulation 26(1);
“healthcare bursary” (“ bwrsari gofal iechyd ”) means a bursary or award of similar description under section 63 of the Health Services and Public Health Act 1968 or Article 44 of the Health and Personal Social Services (Northern Ireland) Order 1972 ;
“higher education course” (“ cwrs addysg uwch ”) means a course referred to in Schedule 2 or a postgraduate or other course the standard of which is higher than the standard of a first degree course;
“household income” (“ incwm yr aelwyd ”, “ incwm aelwyd ”, “ incwm sydd gan yr aelwyd ”) in relation to—
an eligible student, has the meaning given in Schedule 5;
an eligible part-time student, has the meaning given in Schedule 6;
“information” (“ gwybodaeth ”) includes documents;
“ Institute ” (“ yr Athrofa ”) means the University of London Institute in Paris ;
“intensive course” (“ cwrs dwys ”) means an accelerated course or a compressed degree course;
“ Islands ” (“ Ynysoedd ”) means the Channel Islands and the Isle of Man;
“loan” (“ benthyciad ”), except where otherwise indicated, means a loan pursuant to any regulations made by the Welsh Ministers under section 22 of the 1998 Act, including the interest accrued on the loan and any penalties or charges incurred in connection with it;
“loan for living costs” (“ benthyciad at gostau byw ”) means a loan for living costs pursuant to regulations made by the Welsh Ministers under section 22 of the 1998 Act;
“maintained school” (“ ysgol a gynhelir ”) means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school;
“new cohort student” (“ myfyriwr carfan newydd ”) means a 2010 cohort student and a 2011 cohort student;
“new fee grant” (“ grant newydd at ffioedd ”) means a grant made by the Welsh Ministers under regulation 19;
“new system eligible student” (“ myfyriwr cymwys o dan y drefn newydd ”) means an eligible student who—
is not an old system eligible student; and
either—
started the present course on or after 1 September 2006 and is continuing on that course after 31 August 2011; or
starts the present course on or after 1 September 2011;
“old award” (“ hen ddyfarniad ”) is an award within the meaning of the Education (Mandatory Awards) Regulations 2003 ;
“old flexible postgraduate course for the initial training of teachers” (“ hen gwrs ôl-radd hyblyg ar gyfer hyfforddiant cychwynnol i athrawon ”) means a flexible postgraduate ITT course which a student started to attend before 1 September 2008;
“old system eligible student” (“ myfyriwr cymwys o dan yr hen drefn ”) means an eligible student who—
started the present course before 1 September 2006 and who is continuing on that course after 31 August 2011;
is a 2006 gap year student in relation to the present course;
started the present course on or after 1 September 2006 where that course is an end-on course (other than one of the kind referred to in paragraph (c) of the definition of “end-on course” in this regulation) following on from a course that—
the eligible student started before 1 September 2006; or
the eligible student started before 1 September 2007 and in relation to which the eligible student was a 2006 gap year student; or
started the present course on or after 1 September 2006 and whose status as an eligible student transferred to that course as a result of one or more transfers of that status by the Welsh Ministers pursuant to regulations made under section 22 of the 1998 Act from a designated course which the eligible student began—
before 1 September 2006; or
before 1 September 2007 and in relation to which the eligible student was a 2006 gap year student;
“ordinary duration” (“ cyfnod arferol ”) means, in relation to a designated course, the number of academic years that a standard student would take to complete the designated course;
“parents' learning allowance” (“ lwfans dysgu ar gyfer rhieni ”) means the allowance payable under regulation 29;
“part-time adult dependants' grant” (“ grant rhan-amser ar gyfer dibynyddion mewn oed ”) means the grant payable under regulation 96;
“part-time childcare grant” (“ grant rhan-amser ar gyfer gofal plant ”) means the grant payable under regulation 97;
“part-time grants for dependants” (“ grantiau rhan-amser ar gyfer dibynyddion ”) means the grants and allowance listed in regulation 95(1);
“part-time parents' learning allowance” (“ lwfans dysgu rhan-amser ar gyfer rhieni ”) means the allowance payable under regulation 98;
“periods of work experience” (“ cyfnodau o brofiad gwaith ”) means—
periods of industrial, professional or commercial experience associated with full-time study at an institution but at a place outside that institution;
periods during which a student is employed and residing in a country whose language is one that the student is studying for the student’s course (provided that the period of residence in that country is a requirement of the student’s course and the study of one or more modern languages accounts for not less than one half of the total time spent studying on the course);
“person with leave to enter or remain” (“ person sydd â chaniatâd i ddod i mewn neu i aros ”) means a person (“A” in this definition)—
who has been informed by a person acting under the authority of the Secretary of State for the Home Department that, although A is considered not to qualify for recognition as a refugee, it is thought right to allow A to enter or remain in the United Kingdom;
who has been granted leave to enter or to remain accordingly;
whose period of leave to enter or remain has not expired or has been renewed and the period for which it was renewed has not expired or in respect of whose leave to enter or remain an appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002 ; and
who has been ordinarily resident in the United Kingdom and Islands throughout the period since A was granted leave to enter or remain;
“preliminary course” (“ cwrs rhagarweiniol ”) means a course listed in paragraph 2 or 3 of Schedule 2 that is taken before a full-time degree course (other than a first degree course for the initial training of teachers) or a foundation degree course that is taken before a full-time honours degree course, as the case may be;
“prescribed childcare charges” (“ costau rhagnodedig ar gyfer gofal plant ”) means childcare charges of a description prescribed for the purposes of section 12 of the Tax Credits Act 2002 ;
“present course” (“ cwrs presennol ”) means the designated course in respect of which a person is applying for support under regulation 9;
“present distance learning course” (“ cwrs dysgu o bell presennol ”) means the designated distance learning course in respect of which a person is applying for support under regulation 79;
“present part-time course” (“ cwrs rhan-amser presennol ”) means the designated part-time course in respect of which a person is applying for support under regulation 104;
“present postgraduate course” (“ cwrs ôl-radd presennol ”) means the designated postgraduate course in respect of which a person is applying for support under regulation 119;
“private institution” (“ sefydliad preifat ”) means an institution which is not publicly funded;
“public funds” (“ cronfeydd cyhoeddus ”) means moneys provided by Parliament including funds provided by the Welsh Ministers;
“publicly funded” (“ a ariennir yn gyhoeddus ”, “ a ariannwyd yn gyhoeddus ”) means maintained or assisted by recurrent grants out of public funds, and related expressions are to be interpreted accordingly;
“qualified teacher” (“ athro cymwysedig neu athrawes gymwysedig ”, “ athro cymwysedig neu'n athrawes gymwysedig ”) has the meaning given in section 132(1) of the Education Act 2002 ;
“qualifying course” (“ cwrs cymhwysol ”) means a full-time designated course which is provided by the University of Oxford or the University of Cambridge and—
leads to qualification as a social worker, medical doctor, dentist, veterinary surgeon or architect;
where it began before 1 September 2009, leads to qualification as a landscape architect, landscape designer, landscape manager, town planner or town and country planner; or
consists of at least one academic year which is a bursary year;
“qualifying student” (“ myfyriwr cymhwysol ”) means a person who satisfies the criteria in paragraph 2 of Schedule 4;
“quarter” (“ chwarter ”) in relation to an academic year means a period in that year—
beginning on 1 January and ending on 31 March;
beginning on 1 April and ending on 30 June;
beginning on 1 July and ending on 31 August; or
beginning on 1 September and ending on 31 December;
“refugee” (“ ffoadur ”) means a person who is recognised by Her Majesty’s government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28 July 1951 as extended by the Protocol thereto which entered into force on 4 October 1967 ;
“Research Council” (“ Cyngor Ymchwil ”) means any of the following research councils—
Arts and Humanities Research Council,
Biotechnology and Biological Sciences Research Council,
Economic and Social Research Council,
Engineering and Physical Sciences Research Council,
Medical Research Council,
Natural Environment Research Council,
Science and Technology Facilities Council;
“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;
“sandwich course” (“ cwrs rhyngosod ”) has the meaning given in paragraph (6);
“Scottish healthcare allowance” (“ lwfans gofal iechyd yr Alban ”) means any allowance under sections 73(f) and 74(1) of the Education (Scotland) Act 1980 granted in respect of a person attending a course leading to a qualification in a healthcare profession other than as a medical doctor or dentist;
“specified designated course” (“ cwrs dynodedig a bennir ”) has the meaning given in paragraph (7);
“standard student” (“ myfyriwr safonol ”) is a student who is to be taken—
to have begun the designated course on the same date as the eligible student in question;
not to be excused any part of the course;
not to repeat any part of the course; and
not to be absent from the course other than during vacations;
“statutory award” (“ dyfarniad statudol ”) means any award bestowed, grant paid or other support provided by virtue of the 1998 Act or the 1962 Act, or any comparable award, grant or other support in respect of undertaking a course which is paid out of public funds;
“student loans legislation” (“ y ddeddfwriaeth ar fenthyciadau i fyfyrwyr ”) means the Education (Student Loans) Act 1990 , the Education (Student Loans) (Northern Ireland) Order 1990 , the Education (Scotland) Act 1980 and regulations made under those Acts or that Order, the Education (Student Support) (Northern Ireland) Order 1998 and regulations made under that Order or the 1998 Act and regulations made under the 1998 Act;
“support” (“ cymorth ”), except where otherwise indicated, means financial support by way of grant or loan made by the Welsh Ministers pursuant to regulations made by them under section 22 of the 1998 Act;
“transitional award” (“ dyfarniad trosiannol ”) means an award made under the Education (Mandatory Awards) Regulations 1998 other than an old award;
“Turkish worker” (“ gweithiwr Twrcaidd ”) means a Turkish national who—
is ordinarily resident in the United Kingdom and Islands; and
is, or has been, lawfully employed in the United Kingdom;
“type 1 teacher training student” (“ myfyriwr math 1 ar gwrs hyfforddi athrawon ”) means a new system eligible student on a course for the initial training of teachers (other than a course for a first degree) whose periods of full-time attendance (including attendance for the purpose of teaching practice) in the academic year in respect of which the student is applying for support under these Regulations are in aggregate at least 6 weeks but less than 10 weeks where the course—
began before 1 September 2010;
begins on or after 1 September 2010 where the student transfers to the present course pursuant to regulation 8 from a course for the initial training of teachers which began before 1 September 2010; or
begins on or after 1 September 2010 but before 1 September 2011 and in relation to which the student is a 2010 gap year student;
“type 2 teacher training student” (“ myfyriwr math 2 ar gwrs hyfforddi athrawon ”) means a new system eligible student on a course for the initial training of teachers (other than a course for a first degree) whose periods of full-time attendance (including attendance for the purpose of teaching practice) in the academic year in respect of which the student is applying for support under these Regulations are in aggregate 10 weeks or more where the course—
began before 1 September 2010;
begins on or after 1 September 2010 where the student transfers to the present course pursuant to regulation 8 from a course for the initial training of teachers which began before 1 September 2010; or
begins on or after 1 September 2010 but before 1 September 2011 and in relation to which the student is a 2010 gap year student;
“type 3 teacher training student” (“ myfyriwr math 3 ar gwrs hyfforddi athrawon ”) means a new system eligible student on a course for a first degree for the initial training of teachers whose periods of full-time attendance (including attendance for the purpose of teaching practice) in the academic year in respect of which the student is applying for support under these Regulations are in aggregate at least 6 weeks but less than 10 weeks where the course—
began before 1 September 2010;
begins on or after 1 September 2010 where the student transfers to the present course pursuant to regulation 8 from a course for the initial training of teachers which began before 1 September 2010; or
begins on or after 1 September 2010 but before 1 September 2011 and in relation to which the student is a 2010 gap year student.
(2) In these Regulations a person is a “2006 gap year student” (“ myfyriwr blwyddyn i ffwrdd 2006 ”) in relation to a course provided by or on behalf of an institution that was publicly funded as at 1 August 2005 if the person meets the conditions in paragraphs (3) or (5).
(3) The conditions referred to in paragraph (2) are—
(a) the person had on or before 1 August 2005 received an offer, whether conditional on obtaining specified qualifications or not, of a place on the present course or a similar course; and
(b) the first academic year of the present course started on or after 1 September 2006 but before 1 September 2007.
(4) In paragraph (3), a course (“the original course”) is similar to the present course if—
(a) it appears to the academic authority of the institution providing the present course that the subject-matter of the course is in whole or in part the same as the subject-matter of the original course; and
(b) except where the original course is no longer being provided, the present course is provided by the institution which was to have provided the original course.
(5) The conditions referred to in paragraph (2) are—
(a) the person had received an offer of a place on a designated course (whether or not at the same institution as the present course) the first academic year of which began before 1 September 2006;
(b) the person was unable to take up the offer because a specified qualification or grade was not awarded to the person;
(c) the person appealed against the decision not to award the person the qualification or grade;
(d) the appeal was allowed after the last date on which the person could have taken up the offer;
(e) as a result, the person was offered a place on the present course; and
(f) the first academic year of the present course began on or after 1 September 2006 but before 1 September 2007.
(6) In these Regulations—
(a) a course is a “sandwich course” (“ cwrs rhyngosod ”) if—
(i) it is not a course for the initial training of teachers or an academic year of a designated course that is an Erasmus year;
(ii) it consists of alternate periods of full-time study in an institution and periods of work experience; and
(iii) taking the course as a whole, the student attends the periods of full-time study for an average of not less than 18 weeks in each year;
(b) in calculating the student’s attendance for the purposes of sub-paragraph (a), the course is to be treated as beginning with the first period of full-time study and ending with the last such period;
(c) for the purposes of sub-paragraph (a), where periods of full-time study and work experience alternate within any week of the course, the days of full-time study are aggregated with each other and with any weeks of full-time study in determining the number of weeks of full-time study in each year.
(7) In these Regulations, the “specified designated course” (“ cwrs dynodedig a bennir ”) means the present course subject to paragraphs (8) and (9).
(8) Where the student’s status as an eligible student has been transferred to the present course as a result of one or more transfers of that status by the Welsh Ministers from a course (the “initial course”) in connection with which the Welsh Ministers determined the student to be an eligible student pursuant to regulations made by them under section 22 of the 1998 Act, the specified designated course is the initial course.
(9) Where the present course is an end-on course, the specified designated course is the course in relation to which the present course is an end-on course (the “preceding course”). Where the preceding course is itself an end-on course, the specified designated course is the course in relation to which the preceding course is an end-on course.
(10) In these Regulations, the expression “student who qualifies for a new fee grant” (“ myfyriwr sydd â hawl i gael grant newydd at ffioedd ”), in relation to a qualifying designated course, and any reference to a student who does not qualify for a new fee grant are to be construed in accordance with regulation 19.
(11) In these Regulations, the expression “qualifying designated course” (“ cwrs dynodedig cymhwysol ”), in relation to a student who qualifies for a new fee grant, has the meaning given to it by regulation 19.
(12) In these Regulations, a person is a “2010 gap year student” (“ myfyriwr blwyddyn i ffwrdd 2010 ”) in relation to a course provided by or on behalf of an institution that was publicly funded as at 1 August 2009 if the person meets the conditions in paragraphs (13) or (15).
(13) The conditions referred to in paragraph (12) are—
(a) the person had on or before 1 August 2009 received an offer, whether conditional or not, of a place on the present course or a similar course; and
(b) the first academic year of the present course started on or after 1 September 2010 but before 1 September 2011.
(14) In paragraph (13), a course (“the original course”) is similar to the present course if—
(a) it appears to the academic authority of the institution providing the present course that the subject-matter of the course is in whole or in part the same as the subject-matter of the original course; and
(b) except where the original course is no longer being provided, the present course is provided by the institution which was to have provided the original course.
(15) The conditions referred to in paragraph (12) are—
(a) the person had received an offer of a place on a designated course (whether or not at the same institution as the present course) the first academic year of which began before 1 September 2010;
(b) the person was unable to take up the offer because a specified qualification or grade was not awarded to the person;
(c) the person appealed against the decision not to award the person the qualification or grade;
(d) the appeal was allowed after the last date on which the person could have taken up the offer;
(e) as a result, the person was offered a place on the present course; and
(f) the first academic year of the present course began on or after 1 September 2010 but before 1 September 2011.
(16) In these Regulations, a person is a “2011 gap year student” (“ myfyriwr blwyddyn i ffwrdd 2011 ”) in relation to a course provided by or on behalf of an institution that was publicly funded as at 1 August 2010 if that person meets the conditions in paragraphs (17) or (19).
(17) The conditions referred to in paragraph (16) are—
(a) the person had on or before 1 August 2010 received an offer, whether conditional or not, of a place on the present course or a similar course; and
(b) the first academic year of the present course started on or after 1 September 2011 but before 1 September 2012.
(18) In paragraph (17), a course (“the original course”) is similar to the present course if—
(a) it appears to the academic authority of the institution providing the present course that the subject-matter of the course is in whole or in part the same as the subject-matter of the original course; and
(b) except where the original course is no longer being provided, the present course is provided by the institution which was to have provided the original course.
(19) The conditions referred to in paragraph (16) are—
(a) the person had received an offer of a place on a designated course (whether or not at the same institution as the present course) the first academic year of which began before 1 September 2011;
(b) the person was unable to take up the offer because a specified qualification or grade was not awarded to the person;
(c) the person appealed against the decision not to award the person the qualification or grade;
(d) the appeal was allowed after the last date on which the person could have taken up the offer;
(e) as a result, the person was offered a place on the present course; and
(f) the first academic year of the present course began on or after 1 September 2011 but before 1 September 2012.
(20) For the purposes of these Regulations—
(a) a 2011 gap year student is to be treated as a 2010 cohort student;
(b) subject to paragraph (21), where an eligible student starts the present course on or after 1 September 2011 and that course is an end-on course following on from a designated course (“the earlier course”) which the student started on or after 1 September 2010 and before 1 September 2011, the student is to be treated as a 2010 cohort student; and
(c) subject to paragraph (21), where an eligible student starts the present course on or after 1 September 2011 and whose status as an eligible student transferred to that course as a result of one or more transfers of that status by the Welsh Ministers pursuant to regulations made under section 22 of the 1998 Act from a designated course (“the earlier course”) which the student started on or after 1 September 2010 and before 1 September 2011, the student is to be treated as a 2010 cohort student.
(21) The eligible student referred to in sub-paragraphs (a) and (b) of paragraph (20) is not to be treated as a 2010 cohort student if, in relation to the earlier course, the student is a 2010 gap year student.
(1) Subject to paragraph (9), the 2009 Regulations are revoked in relation to Wales on 1 September 2011.
(2) The 2003 Regulations continue to apply to the provision of support to students in relation to an academic year which began on or after 1 September 2003 but before 1 September 2004.
(3) The 2004 Regulations continue to apply to the provision of support to students in relation to an academic year which began on or after 1 September 2004 but before 1 September 2005.
(4) The 2005 Regulations continue to apply to the provision of support to students in relation to an academic year which began on or after 1 September 2005 but before 1 September 2006.
(5) The 2006 Regulations continue to apply to the provision of support to students in relation to an academic year which began on or after 1 September 2006 but before 1 September 2007.
(6) The 2007 Regulations continue to apply to the provision of support to students in relation to an academic year which began on or after 1 September 2007 but before 1 September 2008.
(7) The 2008 Regulations continue to apply to the provision of support to students in relation to an academic year which began on or after 1 September 2008 but before 1 September 2009.
(8) The 2008 (No. 2) Regulations continue to apply to the provision of support to students in relation to an academic year which began on or after 1 September 2009 but before 1 September 2010.
(9) The 2009 Regulations continue to apply to the provision of support to students in relation to an academic year which begins on or after 1 September 2010 but before 1 September 2011.
(10) 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 Welsh Ministers, in the case of a function referred to in section 44(1) of the Higher Education Act 2004 ; or
(b) the Welsh Ministers or the Secretary of State, in the case of a function referred to in section 44(2) of the Higher Education Act 2004.
(11) These Regulations, except Part 14, apply in relation to the provision of support to students in respect of an academic year which begins on or after 1 September 2011 whether anything done under these Regulations is done before, on or after 1 September 2011.
(12) Where a person—
(a) attends a course in respect of which a transitional award was made; or
(b) received no award under the 1962 Act in respect of that person’s attendance on a course but a transitional award would have been made had the person applied for an award under the 1962 Act and the person’s resources had not exceeded the person’s requirements,
that person is to be treated as an old system eligible student for the purposes of Parts 4 and 5 of these Regulations in connection with that course or in connection with any subsequent course to which the award (either made or which would have been made) would have transferred if transitional awards provided for payments after the first year of the course, despite any other provision in these Regulations.
(13) Unless paragraph (14) applies to the person referred to in paragraph (12), that person qualifies for support by way of loan for living costs under Part 6 of these Regulations if that person—
(a) is an eligible student under these Regulations; and
(b) satisfies the qualifying conditions for support under that Part.
(14) Where a person received or was eligible to receive a loan in relation to an academic year of a course under the 1998 Regulations, that person is to be treated as an old system eligible student for the purposes of Part 6 of these Regulations in connection with—
(a) that course; or
(b) any subsequent designated course which (disregarding any intervening vacation) the person begins immediately after ceasing that course,
despite any other provisions in these Regulations.
(15) Unless paragraph (12) applies to the person referred to in paragraph (14), that person qualifies for support under Parts 4 and 5 of these Regulations if that person—
(a) is an eligible student under these Regulations; and
(b) satisfies the relevant qualifying conditions under those Parts.
(1) An eligible student qualifies for support in connection with a designated course subject to and in accordance with these Regulations.
(2) Subject to paragraph (7), a person is an eligible student in connection with a designated course if—
(a) in assessing the person’s application for support under regulation 9 the Welsh Ministers determine that the person falls within one of the categories set out in Part 2 of Schedule 1; and
(b) the person is not excluded by paragraph (3).
(3) Subject to paragraph (7), a person (“A” in this paragraph) is not an eligible student if—
(a) an old award has been bestowed on A in respect of A’s attendance on the course;
(b) A is eligible for a loan in relation to an academic year of the course under the Education (Student Loans) Act 1990 or the Education (Student Loans) (Northern Ireland) Order 1990;
(c) there has been bestowed on, or paid to, A in relation to A’s attendance on the course—
(i) a healthcare bursary the amount of which is not calculated by reference to A’s income; or
(ii) any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 2007 ;
(d) A is in breach of any obligation to repay any loan;
(e) A has reached the age of 18 and has not ratified any agreement for a loan made with A when A was under the age of 18; or
(f) A has, in the opinion of the Welsh Ministers, shown by A’s conduct that A is unfitted to receive support under these Regulations.
(4) For the purposes of paragraphs (3)(d) and (3)(e), “loan” (“ benthyciad ”) means a loan made under the student loans legislation.
(5) In a case where the agreement for a loan is subject to the law of Scotland, paragraph (3)(e) only applies if the agreement was made—
(a) before 25 September 1991, and
(b) with the concurrence of the borrower’s curator or at a time when the borrower had no curator.
(6) An eligible student in respect of whom the first academic year of the specified designated course begins on or after 1 September 2000 does not, at any one time, qualify for support under these Regulations for—
(a) more than one designated course;
(b) a designated course and a designated part-time course;
(c) a designated course and a designated postgraduate course;
(d) a designated course and a designated distance learning course.
(7) Subject to paragraphs (9) to (11), if a person satisfies the conditions in paragraph (8)(a),(b) or (c)—
(a) paragraphs (2) and (3) do not apply to the person; and
(b) the person is an eligible student for the purposes of these Regulations.
(8) The conditions referred to in paragraph (7) are—
(a) the—
(i) person qualified as an eligible student in connection with an earlier academic year of the present course pursuant to regulations made by the Welsh Ministers under section 22 of the 1998 Act;
(ii) person was ordinarily resident in Wales on the first day of the first academic year of the present course; and
(iii) person’s status has not terminated.
(b) the—
(i) present course is an end-on course (other than one of the kind referred to in paragraph (c) of the definition of “end-on course” in regulation 2) which the person is starting on or after 1 September 2006;
(ii) person qualified as an eligible 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 (b)(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 (b)(ii);
(c) the—
(i) Welsh Ministers have previously determined that the person is an eligible—
(aa) part-time student in connection with a designated part-time course;
(bb) student in connection with a designated course other than the present course; or
(cc) distance learning student in connection with a designated distance learning course;
(ii) person’s status as an eligible part-time student, an eligible distance learning student or as an eligible student in connection with the course in sub-paragraph (c)(i) has been converted or transferred from that course to the present course as a result of one or more conversions or transfers in accordance with regulations made by the Welsh Ministers under section 22 of the 1998 Act;
(iii) person was ordinarily resident in Wales on the first day of the first academic year of the course referred to in sub-paragraph (c)(i); and
(iv) person’s status as an eligible student has not terminated.
(9) Where—
(a) the Welsh Ministers have determined that, by virtue of being a refugee or the spouse, civil partner, child or step-child of a refugee, a person (“A” in this paragraph) was—
(i) an eligible student in connection with an application for support for an earlier year of the present course, an application for support for a course in relation to which the present course is an end-on course or an application for support in connection with a designated part-time course, a designated distance learning course or other designated course from which A’s status as an eligible part-time student, an eligible distance learning student or an eligible student has been transferred to the present course; or
(ii) a qualifying student in connection with an application for support for an earlier year of the qualifying course or other qualifying course from which A’s status as a qualifying student has been transferred to the qualifying course in respect of which the student is applying for support; and
(b) as at the day before the academic year in respect of which A is applying for support starts, the refugee status of A or of A’s spouse, civil partner, parent (as defined in Part 1 of Schedule 1) or step-parent, as the case may be, has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),
A’s status as an eligible or qualifying student terminates immediately before the first day of the academic year in respect of which A is applying for support.
(10) Where—
(a) the Welsh Ministers have determined that, by virtue of being a person with leave to enter or remain or the spouse, civil partner, child or step-child of such a person, a person (“A” in this paragraph) was—
(i) an eligible student in connection with an application for support for an earlier year of the present course, an application for support for a course in relation to which the present course is an end-on course or an application for support in connection with a designated part-time course, designated distance learning course or other designated course from which A’s status as an eligible part-time student, eligible distance learning student or eligible student has been transferred to the present course; or
(ii) a qualifying student in connection with an application for support for an earlier year of the qualifying course or other qualifying course from which A’s status as a qualifying student has been transferred to the qualifying course in respect of which the student is applying for support; and
(b) as at the day before the academic year in respect of which A is applying for support starts, the period for which the person with leave to enter or remain is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),
A’s status as an eligible or qualifying student terminates immediately before the first day of the academic year in respect of which A is applying for support.
(11) Paragraphs (9) and (10) do not apply where the student began the course in connection with which the Welsh Ministers determined that A was an eligible part-time student, an eligible student or a qualifying student, as the case may be, before 1 September 2007.
(1) Subject to paragraphs (2), (3) and (4), a course is a designated course for the purposes of section 22(1) of the 1998 Act and regulation 4 if it is—
(a) listed in Schedule 2;
(b) one of the following—
(i) a full-time course;
(ii) a sandwich course; or
(iii) a course for the initial training of teachers which—
(aa) began before 1 September 2010;
(bb) begins on or after 1 September 2010 where the student transfers to the present course pursuant to regulation 8 from a course for the initial training of teachers which began before 1 September 2010; or
(cc) begins on or after 1 September 2010 but before 1 September 2011 and in relation to which the student is a 2010 gap year student;
(c) not a designated distance learning course;
(d) of at least—
(i) one academic year’s duration; or
(ii) six weeks' duration in the case of a flexible postgraduate ITT course; and
(e) wholly provided by a publicly funded educational institution in the United Kingdom or provided by such an institution in conjunction with an institution outside the United Kingdom.
(2) A course falling within paragraph 7 or 8 of Schedule 2 is not a designated course where the governing body of a maintained school has arranged for the provision of such a course to a pupil of the school.
(3) A course that is taken as part of an employment-based teacher training scheme is not a designated course.
(4) Paragraph 1(c) does not apply where the person applying for support under regulation 9 in connection with the course is—
(a) a disabled eligible student; and
(b) undertaking that course in the United Kingdom but not in attendance because the person is unable to attend for a reason which relates to the person’s disability.
(5) For the purposes of paragraph (1)—
(a) a course is provided by an institution if it provides the teaching and supervision which comprise the course, whether or not the institution has entered into an agreement with the student to provide the course;
(b) a university and any constituent college or institution in the nature of a college of a university is regarded as publicly funded if either the university or the constituent college or institution is publicly funded; and
(c) an institution is not regarded as publicly funded by reason only that it receives public funds from the governing body of a higher education institution in accordance with section 65(3A) of the Further and Higher Education Act 1992 .
(6) A course to which this paragraph applies is considered to be a single course for a first degree or for an equivalent qualification even if—
(a) the course leads to another degree or qualification being conferred before the degree or equivalent qualification; and
(b) part of the course is optional.
(7) Paragraph (6) applies to a course the standard of which is not higher than a first degree which leads to a qualification as a medical doctor, dentist, veterinary surgeon, architect, landscape architect, landscape designer, landscape manager, town planner or town and country planner.
(8) For the purposes of section 22 of the 1998 Act and regulation 4(1) the Welsh Ministers may designate courses of higher education which are not designated under paragraph (1).
(1) A student’s status as an eligible student is retained in connection with a designated course until that status terminates in accordance with this regulation or regulation 4.
(2) The period for which an eligible student retains the status referred to in paragraph (1) is the “period of eligibility” (“ cyfnod cymhwystra ” ).
(3) Subject to the following paragraphs and regulation 4, the “period of eligibility” terminates at the end of the academic year in which the student completes the designated course.
(4) The period of eligibility terminates when the eligible student—
(a) withdraws from the eligible student’s designated course in circumstances where the Welsh Ministers have not transferred or converted or will not transfer or convert the eligible student’s status as an eligible student under regulation 8, regulation 83 or regulation 108; or
(b) abandons or is expelled from the eligible student’s designated course.
(5) The Welsh Ministers may terminate the period of eligibility where the eligible student has shown by the eligible student’s conduct that the eligible student is unfitted to receive support.
(6) If the Welsh Ministers are satisfied that an eligible student has failed to comply with any requirement to provide information under these Regulations or has provided information which is inaccurate in a material particular, the Welsh Ministers may take such of the following actions as they consider appropriate in the circumstances—
(a) terminate the period of eligibility;
(b) determine that the student no longer qualifies for any particular support or particular amount of support under these Regulations;
(c) treat any support paid to the student under these Regulations as an overpayment which may be recovered under regulations 69, 87, 113, 123 and paragraph 15 of Schedule 4.
(7) Where the period of eligibility terminates before the end of the academic year in which the student completes the designated course, the Welsh Ministers may, at any time, renew the period of eligibility for such period as they determine.
(8) Despite paragraph (1), a new system eligible student or 2006 gap year student who has not attended a previous course is only eligible for a grant for fees, new fee grant, fee contribution loan, fee loan or a grant for living costs in respect of the present course for the number of academic years equal to OD+R+1 .
(9) Despite paragraph (1) and subject to paragraph (11), a new system eligible student or 2006 gap year student who has attended a previous course is only eligible for a grant for fees, new fee grant, fee contribution loan, fee loan or a grant for living costs in respect of the present course for the number of academic years equal to (OD+R+1) − PC , except that—
(a) no deduction equivalent to PC applies in the case of a teacher training student; and
(b) one additional year is added in the case of an eligible student who did not complete successfully the latest previous course because of compelling personal reasons.
(10) Paragraph (11) 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—
(i) has completed a full-time course listed 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 the student 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—
(i) has completed a full-time foundation degree course;
(ii) is on a full-time honours degree course that the student did not begin immediately after the course referred to in paragraph (i) and before the present course; 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.
(11) Despite paragraph (1), an eligible student to whom this paragraph applies is only eligible for a grant for fees, new fee grant, fee contribution loan, fee loan or a grant for living costs in respect of the present course for the number of academic years equal to (D + X) − PrC .
(12) Despite paragraph (1), a continuing student is only eligible for a grant for fees, a fee contribution loan or a grant for living costs in respect of the present course for the number of academic years equal to (A+R+1) − Y .
(13) Despite paragraph (1) and subject to paragraph (14), a transferring student is only eligible for a grant for fees, new fee grant, fee contribution loan, fee loan or a grant for living costs in respect of the present course for the number of academic years equal to (A+R+1) − Y .
(14) A transferring student starting the first full academic year of a further course to which the student transfers under regulation 8 on or after 1 September 2011 is only eligible for a grant for fees, new fee grant, fee contribution loan, fee loan or a grant for living costs in respect of the further course for the number of years equal to (A+R+1) − Y − Z .
(15) In any case where the number of academic years for which a grant for fees, new fee grant, fee contribution loan, fee loan or a grant for living costs is available in accordance with this regulation is less than the number of academic years that make up the period ordinarily required for the completion of the present course, the academic years in which the student is eligible for such a grant or loan for fees or a grant for living costs are the latest years of the present course.
(16) In this regulation—
(a) A is the number of academic years from 31 August 2006 that make up the period ordinarily required for the completion of the present course or, in the case of a transferring student, the previous course;
(b) D is the greater of 3 and a number of academic years that make up the ordinary duration of the course;
(c) OD is the number of academic years that make up the period ordinarily required for the completion of the present course;
(d) PC is the number of years of attendance by the eligible student on a previous course;
(e) X is 1 where the ordinary duration of the preliminary course was less than three years and 2 where the ordinary duration of the preliminary course was three years;
(f) R is the number of repeated academic years on the present course starting on or after 1 September 2006 that are repeats of preceding academic years that the eligible student was unable to complete successfully because of compelling personal reasons;
(g) 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;
(h) Y is the number of years of the present course, or the previous course in the case of a transferring student, in respect of which it has been determined before 1 September 2006 under regulations made under section 22 of the 1998 Act that support was not available;
(i) Z is the number of academic years spent on a previous course beginning on or after 1 September 2006;
(j) “continuing student” (“ myfyriwr sy'n parhau ”) is an old system eligible student who started the present course before 1 September 2006 and is continuing on that course after 31 August 2011;
(k) “teacher training student” (“ myfyriwr ar gwrs hyfforddi athrawon ”) means a student who is not a qualified teacher attending a course for the initial training of teachers where the duration of the course does not exceed 2 years and where the course is—
(i) a full-time course; or
(ii) a part-time course (the duration of which being expressed as its full-time equivalent) and either the course—
(aa) began before 1 September 2010;
(bb) begins on or after 1 September 2010 where the student transfers to the course pursuant to regulation 8 from a course for the initial training of teachers beginning before 1 September 2010; or
(cc) begins on or after 1 September 2010 but before 1 September 2011 and in relation to which the student is a 2010 gap year student;
(l) “transferring student” (“ myfyriwr sy'n trosglwyddo ”) means an old system eligible student who—
(i) began a designated course on or after 1 September 2006 and is continuing on that course after 31 August 2011; or
(ii) begins a designated course on or after 1 September 2011 and whose status as an eligible student transferred to the course as a result of one or more transfers of that status by the Welsh Ministers pursuant to regulations made under section 22 of the 1998 Act from a designated course that the eligible student began before 1 September 2006.
(17) In calculating the number of years for the purpose of this regulation, attendance for part of an academic year is treated as a whole academic year.
(18) The Welsh Ministers may, at any time, renew or extend the period of eligibility for such further period as they determine.
(19) The Welsh Ministers may confer eligibility to a grant for fees, new fee grant, fee contribution loan, fee loan or a grant for living costs otherwise than in accordance with paragraphs (8) to (16).
(20) For the purposes of this regulation and subject to the exceptions in paragraphs (22), (23) and (24) a “previous course” is any full-time higher education course or any part-time course for the initial training of teachers which the student began to attend or, in the case of a compressed degree course or a designated distance learning course, undertake before the present course and which meets one or both of the conditions in paragraph (21).
(21) The conditions referred to in paragraph (20) are—
(a) the course is provided by an institution in the United Kingdom which was publicly funded for some or all of the academic years during which the student took the course; or
(b) any scholarship, exhibition, bursary, grant, allowance or award of any description which was paid in respect of the student’s attending or, in the case of a compressed degree course or a designated distance learning course, undertaking the course to defray fees was from public funds or funds attributable to public funds.
(22) A course which would otherwise be a previous course will not be treated as such if—
(a) the present course is a course for the initial training of teachers;
(b) the duration of the present course does not exceed two years where the present course is—
(i) a full-time course; or
(ii) a part-time course (the duration of which being expressed as its full-time equivalent) and either the present course—
(aa) began before 1 September 2010;
(bb) begins on or after 1 September 2010 where the student transfers to the present course pursuant to regulation 8 from a course for the initial training of teachers beginning before 1 September 2010; or
(cc) begins on or after 1 September 2010 but before 1 September 2011 and in relation to which the student is a 2010 gap year student; and
(c) the student is not a qualified teacher.
(23) A course for the Certificate in Education which would otherwise be a previous course will not be treated as such if—
(a) the present course is a course for the degree (including an honours degree) of Bachelor of Education;
(b) the student transferred to the present course from the course for the Certificate in Education before the completion of that course or began the present course on completion of the course for the Certificate in Education.
(24) A course for the degree (other than an honours degree) of Bachelor of Education will not be treated as a previous course if—
(a) the present course is a course for the honours degree of Bachelor of Education;
(b) the student transferred to the present course from the course for the degree (other than an honours degree) of Bachelor of Education before the completion of that course or began the present course on completion of the course for the degree (other than an honours degree) of Bachelor of Education.
(1) Subject to paragraphs (3) and (4), an eligible student who has attained an honours degree from an institution in the United Kingdom does not qualify for a grant for fees, new fee grant, fee contribution loan or a fee loan.
(2) Subject to paragraphs (4) and (5), an eligible student (“A” in this paragraph) who starts A’s designated course on or after 1 September 2006 does not qualify for a loan for living costs if A has attained an honours degree from an institution in the United Kingdom.
(3) Paragraph (1) does not apply to an eligible student attending a designated course where—
(a) the course is a course for the initial training of teachers;
(b) the duration of the course does not exceed two years where the course is—
(i) a full-time course; or
(ii) a part-time course (the duration of which being expressed as its full-time equivalent) and either the course—
(aa) began before 1 September 2010;
(bb) begins on or after 1 September 2010 where the student transfers to the course pursuant to regulation 8 from a course for the initial training of teachers beginning before 1 September 2010; or
(cc) begins on or after 1 September 2010 but before 1 September 2011 and in relation to which the student is a 2010 gap year student; and
(c) the eligible student is not a qualified teacher.
(4) Where the present course is considered to be a single course because of regulations 5(6) and 5(7) 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 qualifications, the eligible student is not prevented from qualifying for support under these Regulations by virtue of paragraph (1) or (2) in respect of any part of the single course by virtue of having that honours degree.
(5) Paragraph (2) does not apply where—
(a) the present course leads to qualification as a social worker, medical doctor, dentist, veterinary surgeon or architect;
(b) the eligible student is to receive any payment—
(i) under a healthcare bursary the amount of which is calculated by reference to the student’s income; or
(ii) under a Scottish healthcare allowance the amount of which is calculated by reference to the student’s income in respect of any academic year of the present course; or
(c) the present course is a course for the initial training of teachers which is—
(i) a full-time course; or
(ii) a part-time course which—
(aa) began before 1 September 2010;
(bb) begins on or after 1 September 2010 where the student transfers to the present course pursuant to regulation 8 from a course for the initial training of teachers beginning before 1 September 2010; or
(cc) begins on or after 1 September 2010 but before 1 September 2011 and in relation to which the student is a 2010 gap year student.
(1) Where an eligible student transfers from a designated course to another designated course, the Welsh Ministers must transfer the student’s status as an eligible student to that other course where—
(a) they receive a request from the eligible student to do so;
(b) they are satisfied that one or more of the grounds of transfer in paragraph (2) applies; and
(c) the period of eligibility has not terminated.
(2) The grounds of transfer are—
(a) on the recommendation of the academic authority the eligible student ceases one designated course and starts to—
(i) attend another designated course at the same institution;
(ii) undertake another compressed degree course at the same institution; or
(iii) undertake a compressed degree course at the same institution;
(b) the eligible student starts to—
(i) attend a designated course at another institution; or
(ii) undertake a compressed degree course at another institution;
(c) after commencing a course for the Certificate in Education, the eligible student is, on or before the completion of that course, admitted to a designated course for the degree (including an honours degree) of Bachelor of Education either at the same institution or at another institution;
(d) after commencing a course for the degree (other than an honours degree) of Bachelor of Education, the eligible student is, on or before completion of that course, admitted to a designated course for the honours degree of Bachelor of Education either at the same institution or at another institution; or
(e) after commencing a course for a first degree (other than an honours degree) the eligible student is, before the completion of that course, admitted to a designated course for an honours degree in the same subject at the institution.
(3) Subject to paragraph (4), an eligible student who transfers under paragraph (1) is entitled to receive in connection with the academic year of the course to which the student transfers the remainder of the support assessed by the Welsh Ministers under these Regulations in respect of the academic year of the course from which the student transfers.
(4) The Welsh Ministers may re-assess the amount of support payable under these Regulations after the transfer.
(5) An eligible student who transfers under paragraph (1) after the Welsh Ministers have assessed the eligible student’s support in connection with the academic year of the course from which the eligible student is transferring but before the eligible student completes that year may not, in connection with the academic year of the course to which the eligible student transfers, apply for another grant or loan of a kind that the eligible student has already applied for under these Regulations in connection with the academic year of the course from which the eligible student is transferring unless otherwise provided.
(1) A person must apply for support in connection with each academic year of a designated course by completing and submitting to the Welsh Ministers an application in such form and accompanied by such documentation as the Welsh Ministers may require.
(2) The Welsh Ministers may take such steps and make such inquiries as they consider necessary to determine whether the applicant is an eligible student, whether the applicant qualifies for support under these Regulations and the amount of support payable, if any.
(3) The Welsh Ministers must notify the applicant of whether or not the applicant qualifies for support under these Regulations and, if the applicant does qualify, the amount of support payable in respect of the academic year, if any.
(1) Subject to paragraph (2), the application must reach the Welsh Ministers no later than the end of the ninth month of the academic year in respect of which it is submitted.
(2) Paragraph (1) does not apply where —
(a) one of the events listed in regulation 15 occurs after the first day of the academic year in respect of which the applicant is applying for support under these Regulations, in which case the application must reach the Welsh Ministers within a period of nine months beginning with the day on which the relevant event occurs;
(b) the applicant is making a separate application for a fee loan under regulation 22 or regulation 23 or a fee contribution loan under regulation 21 or a loan for living costs under regulation 45 or a college fee loan under Schedule 4 or is applying for an additional amount of fee loan under regulation 22(3) or 22(7), an additional amount of fee contribution loan under regulation 21(6) or an additional amount of fee loan under regulation 23(3) or an additional amount of loan for living costs under regulation 60(3) or an additional amount of college fee loan under paragraph 10(2) of Schedule 4 in which case the application must reach the Welsh Ministers not later than one month before the end of the academic year to which the application relates;
(c) the applicant is applying to borrow an additional amount of fee contribution loan under regulation 21(4) or an additional amount of loan for living costs under regulation 60(1), in which case the application must reach the Welsh Ministers not later than one month before the end of the academic year to which the application relates or within a period of one month beginning with the day on which the applicant receives notice of the increased maximum amount, whichever is the later;
(d) the applicant is applying for a grant under regulation 25, in which case the application must reach the Welsh Ministers as soon as is reasonably practicable;
(e) the Welsh Ministers consider that having regard to the circumstances of the particular case the time limit should be relaxed, in which case the application must reach the Welsh Ministers not later than such date as they specify in writing.
Schedule 3 applies in respect of the provision of information by an applicant and an eligible student.
To receive a loan under these Regulations an eligible student must enter into a contract with the Welsh Ministers on terms to be decided by the Welsh Ministers.
(1) Fee support under this Part in respect of an academic year may not exceed the fees payable by the eligible student in respect of that academic year.
(2) For the purposes of calculating the amount of fee support under this Part, an institution that provides courses designated by regulation 4 of the Education (Student Support) (Dance and Drama) Regulations 1999 is not to be regarded as publicly funded by reason only that it receives public funds from the governing body of a higher education institution in accordance with section 65(3A) of the Further and Higher Education Act 1992 .
(3) An eligible student to whom paragraph (4) applies is treated as if the eligible student were in attendance on the designated course for the purpose of qualifying for fee support.
(4) This paragraph applies to—
(a) a compressed degree student;
(b) a disabled eligible student who—
(i) is not a compressed degree student; and
(ii) is undertaking a designated course in the United Kingdom but is not in attendance because the eligible student is unable to attend for a reason which relates to the eligible student’s disability.
Where any of the events listed in regulation 15 occurs in the course of an academic year—
(a) a student may qualify for grants and loans under this Part in respect of that academic year provided that the relevant event occurred within the first three months of the academic year; and
(b) such grants and loans are not available to the student in respect of any academic year beginning before the academic year in which the relevant event occurred.
The events are—
(a) the student’s course becomes a designated course;
(b) the student or the student’s spouse, civil partner or parent (as defined in Part 1 of Schedule 1) is recognised as a refugee or becomes a person with leave to enter or remain;
(c) a state accedes to the European Union 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 EU national;
(e) the student acquires the right of permanent residence;
(f) the student becomes the child of a Turkish worker;
(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.
(1) Subject to regulations 6 and 7, an old system eligible student qualifies in accordance with this regulation for a grant in respect of the fees for an academic year payable by the student in respect of, or otherwise in connection with, the student’s attendance on a designated course.
(2) The amount of the grant for fees in respect of an academic year is determined in accordance with regulation 17 or 18.
(3) An old system eligible student does not qualify for a grant for fees in respect of an academic year of a designated course if—
(a) that year is a bursary year or an Erasmus year; or
(b) the designated course is a flexible postgraduate ITT course.
(1) Unless one of the cases set out in paragraph (4) applies, the basic amount of the grant for fees for an old system eligible student in respect of an academic year of a designated course at a publicly funded institution is the lesser of—
(a) £1,345; and
(b) the fees payable by the old system eligible student in connection with that year.
(2) The basic amount of the grant for fees for an old system eligible student in respect of an academic year in the cases in paragraph (4) is the lesser of—
(a) £665; and
(b) the fees payable by the old system eligible student in connection with that year.
(3) Where a contribution exceeding nil is calculated under Schedule 5, a deduction will be made from the grant for fees determined under paragraph (1) or (2) in accordance with regulation 63.
(4) The cases are—
(a) the final academic year of the designated course where that year is ordinarily required to be completed after less than 15 weeks' attendance;
(b) in respect of a sandwich course, an academic year—
(i) during which any periods of full-time study are in aggregate less than 10 weeks; or
(ii) if in respect of that academic year and any previous academic years of the course the aggregate of any one or more periods of attendance which are not periods of full-time study at the institution (disregarding intervening vacations) exceeds 30 weeks;
(c) in respect of a course for the initial training of teachers (including a course leading to a first degree) which—
(i) began before 1 September 2010;
(ii) begins on or after 1 September 2010 where the student transfers to the present course pursuant to regulation 8 from a course for the initial training of teachers beginning before 1 September 2010; or
(iii) begins on or after 1 September 2010 but before 1 September 2011 and in relation to which the student is a 2010 gap year student,
an academic year during which any periods of full-time study are in aggregate less than 10 weeks;
(d) in respect of a course provided in conjunction with an overseas institution, an academic year—
(i) during which the periods of full-time study at the institution in the United Kingdom are in aggregate less than 10 weeks; or
(ii) if in respect of that academic year and any previous academic years of the course the aggregate of any one or more periods of attendance which are not periods of full-time study at the institution in the United Kingdom (disregarding intervening vacations) exceeds 30 weeks.
(5) In the case of a designated course at Heythrop College, the amount of the grant for fees in respect of an academic year is £2,405.
(6) In the case of a designated course at Guildhall School of Music and Drama, the amount of the grant for fees in respect of an academic year is £4,900.
(7) The basic amount of the grant for fees in respect of an academic year at a private institution providing a designated course on behalf of a publicly funded institution is the lesser of £1,255 and the fees payable by the student in connection with that year if—
(a) the designated course began on or after 1 September 2001;
(b) the designated course is provided on behalf of a publicly funded institution; and
(c) none of the circumstances in regulation 17(4) apply.
(8) The basic amount of the grant for fees in respect of an academic year at a private institution providing a designated course on behalf of a publicly funded institution is the lesser of £665 and the fees payable by the old system eligible student in connection with that year if—
(a) the designated course began on or after 1 September 2001;
(b) the designated course is provided on behalf of a publicly funded institution; and
(c) one or more of the circumstances in regulation 17(4) applies.
(9) Where a contribution exceeding nil is calculated under Schedule 5, a deduction will be made from the amount of the grant for fees determined under paragraph (7) or (8) in accordance with regulation 63.
(1) Subject to paragraph (2), the amount of the grant for fees in respect of an academic year of a designated course at a private institution is the lesser of—
(a) £1,255; and
(b) the fees payable by the student in connection with that year.
(2) In the case of a designated course at the University of Buckingham, the amount of the grant for fees in respect of an academic year is £3,190.
(1) Subject to paragraph (2), an eligible student who qualifies for a new fee grant may apply for a new fee grant of an amount not exceeding the maximum available (in accordance with paragraph (3) or (4), as the case may be) in respect of, or otherwise in connection with, the eligible student’s attendance on a qualifying designated course.
(2) A new fee grant is not available in respect of an academic year if—
(a) that year is a bursary year or an Erasmus year; or
(b) the designated course is an old flexible postgraduate course for the initial training of teachers.
(3) The maximum amount of grant available under this regulation to an applicant in respect of an academic year of a qualifying designated course where none of the circumstances in regulation 17(4) apply is £2,030 or the amount by which the fees payable by the applicant exceed £1,345, whichever is the lesser.
(4) The maximum amount of grant available in respect of such an academic year under this regulation to an applicant where one of the circumstances in regulation 17(4) applies is £1,015 or the amount by which the fees payable by the applicant exceed £665, whichever is the lesser.
(5) In these Regulations and subject to paragraph (6), “eligible student who qualifies for a new fee grant” (“ myfyriwr cymwys sydd â hawl i gael grant newydd at ffioedd ”), in relation to a qualifying designated course, means a new system eligible student who is a person whom the Welsh Ministers have determined in connection with the designated course falls within one of the categories set out in Part 2 of Schedule 1.
(6) A new cohort student is not an eligible student who qualifies for a new fee grant.
(7) In these Regulations, “qualifying designated course” (“ cwrs dynodedig cymhwysol ”), in relation to a student who qualifies for a new fee grant, means a designated course provided by a publicly funded institution in Wales.
(1) An eligible student qualifies for a fee contribution loan or a fee loan in connection with the student’s attendance on a designated course in accordance with this Part provided that the student is not excluded from qualification by the following paragraph, regulation 6 or regulation 7.
(2) An eligible student does not qualify for a fee contribution loan or a fee loan in respect of an academic year if—
(a) that year is a bursary year or an Erasmus year; or
(b) the designated course is an old flexible postgraduate course for the initial training of teachers.
(1) An old system eligible student qualifies for a fee contribution loan in respect of an academic year of a designated course if—
(a) the old system eligible student qualifies for a grant for fees in respect of that year or would have qualified if the old system eligible student had applied for the grant (even if the amount would have been nil); and
(b) the designated course is provided by or on behalf of an institution that was publicly funded as at 1 August 2005.
(2) Where an old system eligible student applies for a grant for fees and a fee contribution loan, the amount of the fee contribution loan in respect of an academic year of the designated course is the amount for which the old system eligible student applies not exceeding the amount deducted from the old system eligible student’s grant for fees in accordance with regulation 63.
(3) Where the only fee support for which an old system eligible student applies is a fee contribution loan, the amount of that loan in respect of an academic year of the designated course is the amount for which the old system eligible student applies not exceeding £1,345 or, if any of the circumstances in regulation 17(4) apply, £665.
(4) An old system eligible student may apply to borrow an additional amount of fee contribution loan where—
(a) the Welsh Ministers determine that the maximum amount of fee contribution loan which has been notified to the old system eligible student in relation to an academic year should be increased (including an increase from nil) as a result of a reassessment of the old system eligible student’s contribution or otherwise; and
(b) the Welsh Ministers consider that the increase in the maximum amount does not result from the old system eligible student —
(i) failing to provide information promptly which might affect the old system eligible student’s ability to qualify for a fee contribution loan for which the old system eligible student qualifies; or
(ii) providing information which is inaccurate in any material particular.
(5) The additional amount in paragraph (4) is an amount which when added to the amount already applied for does not exceed the increased maximum.
(6) Where an old system eligible student has applied for a fee contribution loan of less than the maximum amount to which the old system eligible student is entitled in relation to the academic year, the old system eligible student may apply to borrow an additional amount which, when added to the amount already applied for, does not exceed the relevant maximum applicable in the old system eligible student’s case.
(1) A new system eligible student qualifies in accordance with this regulation for a loan in respect of the fees payable by the new system eligible student in respect of, or otherwise in connection with the new system eligible student’s attendance on a designated course.
(2) The amount of a fee loan in respect of an academic year of a designated course must not exceed the lesser of—
(a) £3,375 or, where one of the circumstances in paragraph 17(4) applies, £1,680; and
(b) the fees payable by the student in respect of, or otherwise in connection with, that year.
(3) If the new system eligible student’s status as a new system eligible student is transferred from one designated course to another under these Regulations and one of the circumstances in paragraph (4) applies, the new system eligible student may borrow an additional amount by way of fee loan in respect of the academic year of the course to which the new system eligible student transfers.
(4) The circumstances are—
(a) the fees payable in respect of the academic year of the course to which the new system eligible student transfers exceed the fees payable in respect of the academic year of the course from which the new system eligible student has transferred; and
(b) the academic year of the course to which the new system eligible student transfers does not begin on a later date than the academic year of the course from which the new system eligible student has transferred.
(5) Where paragraph (4)(a) applies, the additional amount that the new system eligible student may borrow in respect of the academic year to which the new system eligible student transfers must not exceed an amount equal to the fees payable by the new system eligible student in respect of that academic year less the amount of any fee loan the new system eligible student has taken out in respect of the academic year from which the new system eligible student has transferred.
(6) Where paragraph (4)(b) applies, the additional amount that the new system eligible student may borrow in respect of the academic year to which the new system eligible student transfers must not exceed the lesser of—
(a) £3,375 or, where one of the circumstances in regulation 17(4) applies, £1,680; and
(b) the fees payable by the student in respect of, or otherwise in connection with, that year.
(7) Where a new system eligible student has applied for a fee loan of less than the maximum amount available in relation to an academic year, the new system eligible student may apply to borrow an additional amount which when added to the amount already applied for does not exceed the relevant maximum applicable in the new system eligible student’s case.
(8) This regulation does not apply in relation to a student if the student qualifies for a new fee grant and the course is a qualifying designated course.
(1) A new system eligible student who qualifies for a new fee grant may apply under this regulation for a fee loan in respect of the new system eligible student’s attendance on the qualifying designated course.
(2) The maximum amount of fee loan available under this regulation is the lesser of—
(a) £1,345 or, where any of the circumstances in regulation 17(4) apply, £665; and
(b) the remainder of the fees payable by the new system eligible student less an amount equal to the new fee grant in respect of or otherwise in connection with that year.
(3) Where the new system eligible student has applied for a fee loan of less than the maximum amount available in relation to an academic year, the new system eligible student may apply to borrow an additional amount which, when added to the amount already applied for, does not exceed that maximum.
(4) If the new system eligible student’s status as an eligible student is transferred from a qualifying designated course to another qualifying designated course under these Regulations and one of the circumstances in paragraph (5) applies, the new system eligible student may borrow an additional amount by way of fee loan in respect of the academic year of the course to which the new system eligible student transfers.
(5) The circumstances referred to in paragraph (4) are—
(a) the fees payable in respect of the academic year of the course to which the new system eligible student transfers exceed the fees payable in respect of the academic year of the course from which the student has transferred; and
(b) the academic year of the course to which the new system eligible student transfers does not begin on a later date than the academic year of the course from which the new system eligible student has transferred.
(6) Where paragraph (5)(a) applies, the additional amount that the new system eligible student may borrow in respect of the academic year to which the new system eligible student transfers must not exceed an amount equal to the fees payable by the new system eligible student in respect of that academic year less the amount of any fee loan the new system eligible student has taken out and/or any new fee grant that the new system eligible student has received in respect of the academic year from which the new system eligible student has transferred.
(7) Where paragraph (5)(b) applies, the additional amount that the new system eligible student may borrow in respect of the academic year to which the new system eligible student transfers must not exceed the lesser of—
(a) £3,375 or, where one of the circumstances in regulation 17(4) applies, £1,680; and
(b) the remainder of fees payable by the new system eligible student less an amount equal to the new fee grant in respect of, or otherwise in connection with, that year.
(1) An eligible student qualifies for a grant under this Part provided that—
(a) the eligible student is not excluded from qualification by any of the following paragraphs, regulation 6 or regulation 7; and
(b) the eligible student satisfies the qualifying conditions for the particular grant for which the eligible student is applying.
(2) An eligible student does not qualify for a grant under this Part if the only paragraph in Part 2 of Schedule 1 into which the eligible student falls is paragraph 9.
(3) An eligible student does not qualify for a grant under this Part in respect of—
(a) an academic year which is a bursary year;
(b) an academic year of a course for the initial training of teachers which—
(i) began before 1 September 2010;
(ii) begins on or after 1 September 2010 where the eligible student transfers to the present course pursuant to regulation 8 from a course for the initial training of teachers beginning before 1 September 2010; or
(iii) begins on or after 1 September 2010 but before 1 September 2011 and in relation to which the student is a 2010 gap year student,
during which the periods of full-time attendance, including attendance for the purpose of teaching practice, are in aggregate less than 6 weeks;
(c) a flexible postgraduate ITT course which is of less than one academic year’s duration.
(4) Paragraph (3)(b) does not apply for the purposes of regulation 25.
(5) An eligible student does not qualify for a grant under this Part in respect of any academic year of a sandwich course where the periods of full-time study are in aggregate less than 10 weeks unless the periods of work experience constitute unpaid service.
(6) For the purposes of paragraph (5), “unpaid service” (“ gwasanaeth di-dâl ”) means—
(a) unpaid service in a hospital or in a public health service laboratory or with a primary care trust in the United Kingdom;
(b) unpaid service with a local authority in the United Kingdom acting in the exercise of their functions relating to the care of children and young persons, health or welfare or with a voluntary organisation providing facilities or carrying out activities of a like nature in the United Kingdom;
(c) unpaid service in the prison or probation and aftercare service in the United Kingdom;
(d) unpaid research in an institution in the United Kingdom or, in the case of an eligible student attending an overseas institution as part of the eligible student’s course, in an overseas institution; or
(e) unpaid service with—
(i) a Strategic Health Authority established pursuant to section 13 of the National Health Service Act 2006 or a Special Health Authority established pursuant to section 28 of that Act ;
(ii) a Local Health Board established pursuant to section 11 of the National Health Service (Wales) Act 2006 or a Special Health Authority established pursuant to section 22 of that Act ;
(iii) a Health Board or a Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978 ; or
(iv) the Regional Health and Social Care Board or the Regional Agency for Public Health and Social Well-being established under sections 7 and 12 of the Health and Social Care (Reform) Act (Northern Ireland) 2009 .
(7) Subject to paragraph (8), an eligible student does not qualify for a grant under regulations 36 to 44 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.
(8) Paragraph (7) does not apply if the reason that the student does not qualify for relevant support in respect of an academic year of a designated course is because—
(a) that academic year is an Erasmus year; or
(b) the designated course is an old flexible postgraduate course for the initial training of teachers.
(9) In paragraph (7) “relevant support” (“ cymorth perthnasol ”) means, in the case of a grant under regulation 36, a grant for fees, or, in the case of a grant under regulations 37 to 44, a fee loan.
(10) Where one of the events listed in paragraph (11) occurs in the course of an academic year, a student may qualify for a particular grant in accordance with this Part in respect of all or part of that academic year but that student does not qualify for a grant in respect of any academic year beginning before the academic year in which the relevant event occurred.
(11) The events are—
(a) the student’s course becomes a designated course;
(b) the student, the student’s spouse, civil partner or parent (as defined in Part 1 of Schedule 1) is recognised as a refugee or becomes a person with leave to enter or remain;
(c) the state of which the student is a national accedes to the European Union 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;
(e) the student becomes the child of a Turkish worker;
(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.
(12) Subject to paragraph (13), an eligible student does not qualify for a grant under this Part if the eligible student is a prisoner.
(13) Paragraph (12) does not apply in respect of a grant for disabled students' living costs.
(14) A student to whom this paragraph applies is treated as being in attendance on the designated course for the purpose of qualifying for the following grants—
(a) grants for dependants;
(b) grant for disabled students' living costs;
(c) maintenance grant or special support grant;
(d) higher education grant.
(15) Paragraph (14) applies to—
(a) a compressed degree student;
(b) a disabled eligible student who—
(i) is not a compressed degree student; and
(ii) is undertaking a designated course in the United Kingdom but is not in attendance because the eligible student is unable to attend for a reason which relates to the eligible student’s disability; and
(c) an eligible student on a period of study or a period of work placement in an Erasmus year.
(1) An eligible student qualifies in accordance with this regulation for a grant for disabled students' living costs to assist with the additional expenditure which the Welsh Ministers are satisfied the eligible student is obliged to incur in connection with the eligible student’s attendance on a designated course by reason of a disability to which the student is subject.
(2) Subject to the following paragraphs, the amount of grant for disabled students' living costs under this regulation is the amount that the Welsh Ministers consider appropriate in accordance with the eligible student’s circumstances.
(3) Except where paragraph (5) applies, the amount of the grant for disabled students' living costs must not exceed—
(a) £20,520 in respect of an academic year for expenditure on a non-medical personal helper;
(b) £5,166 in respect of all the academic years during the period of eligibility for expenditure on major items of specialist equipment;
(c) the additional expenditure incurred—
(i) within the United Kingdom for the purpose of attending the institution;
(ii) within or outside the United Kingdom for the purpose of attending, as a part of the eligible student’s course, any period of study at an overseas institution or for the purpose of attending the Institute;
(d) £1,729 in respect of an academic year for any other expenditure including expenditure incurred for the purposes referred to in sub-paragraph (a) or (b) which exceeds the maxima specified in those paragraphs.
(4) Where the eligible student has received payments to assist with expenditure on major items of specialist equipment in connection with the course by virtue of holding a transitional award, the maximum amount of grant under paragraph (3)(b) is reduced by the amount of those payments.
(5) The maximum amount of grant under paragraphs (3)(a) and (3)(d) is £15,390 and £1,293, respectively where—
(a) an eligible student attends a course for the initial training of teachers which—
(i) began before 1 September 2010;
(ii) begins on or after 1 September 2010 where the student transfers to the present course pursuant to regulation 8 from a course for the initial training of teachers beginning before 1 September 2010; or
(iii) begins on or after 1 September 2010 but before 1 September 2011 and in relation to which the student is a 2010 gap year student; and
(b) in any academic year of that course, the periods of full-time study and full-time teaching practice are in aggregate less than 6 weeks.
(1) The grants for dependants consist of the following elements—
(a) adult dependants' grant;
(b) childcare grant;
(c) parents' learning allowance.
(2) The qualifying conditions for each element and the amounts payable are set out in regulations 27 to 30.
(3) A deduction may be made from any element of the grants for dependants in accordance with regulation 63.
(1) An eligible student qualifies for an adult dependants' grant in connection with the eligible student’s attendance on a designated course in accordance with this regulation.
(2) The adult dependants' grant is available in respect of one dependant of an eligible student who is either—
(a) the eligible student’s partner; or
(b) an adult dependant of the eligible student whose net income does not exceed £3,801.
(3) The amount of adult dependants' grant payable in respect of an academic year is calculated in accordance with regulation 30, the basic amount being—
(a) £2,647; or
(b) where the person in respect of whom the eligible student is applying for adult dependants' grant is ordinarily resident outside the United Kingdom, such amount not exceeding £2,647 as the Welsh Ministers consider reasonable in the circumstances.
(1) An eligible student qualifies, in connection with the eligible student’s attendance on a designated course, for a childcare grant in accordance with this regulation.
(2) Subject to paragraphs (3) and (4), the childcare grant is available in respect of an academic year in which the eligible student incurs prescribed childcare charges for—
(a) a dependent child who is under the age of 15 immediately before the beginning of the academic year; or
(b) a dependent child who has special educational needs within the meaning of section 312 of the Education Act 1996 and is under the age of 17 immediately before the beginning of the academic year.
(3) An eligible student does not qualify for a grant under this regulation if the eligible student or the eligible student’s partner has elected to receive the childcare element of the working tax credit under Part I of the Tax Credits Act 2002 .
(4) An eligible student does not qualify for a grant under this regulation if the prescribed childcare charges that the eligible student incurs are paid or to be paid by the student to the eligible student’s partner.
(5) Subject to paragraph (6), the basic amount of childcare grant for each week is—
(a) for one dependent child, 85 per cent of the prescribed childcare charges, subject to a maximum amount of £161.50 per week; or
(b) for two or more dependent children, 85 per cent of the prescribed childcare charges, subject to a maximum amount of £ 274.55 per week,
except that the eligible student does not qualify for any such grant in respect of each week falling within the period between the end of the course and the end of the academic year in which the course ends.
(6) For the purposes of calculating the basic amount of childcare grant—
(a) a week runs from Monday to Sunday; and
(b) where a week in respect of which prescribed childcare charges are incurred falls partly within and partly outside the academic year in respect of which childcare grant is payable under this regulation, the maximum weekly amount of grant is calculated by multiplying the relevant maximum weekly amount in paragraph (5) by the number of days of that week falling within the academic year and dividing the product by seven.
(1) An eligible student qualifies in connection with the student’s attendance on a designated course for the parents' learning allowance if the student has one or more dependants who are dependent children.
(2) The amount of parents' learning allowance payable in respect of an academic year is calculated in accordance with regulation 30, the basic amount being £1,508.
(1) Subject to the following paragraphs, the amount payable in respect of a particular element of the grants for dependants for which the eligible student qualifies under regulations 27 to 29 is the amount of that element remaining after applying, until it is extinguished, an amount equal to ( A − B ) as follows and in the following order—
(a) to reduce the basic amount of the adult dependants' grant where the eligible student qualifies for that element under regulation 27;
(b) to reduce the basic amount of the childcare grant for the academic year where the eligible student qualifies for that element under regulation 28; and
(c) to reduce the basic amount of the parents' learning allowance where the eligible student qualifies for that element under regulation 29.
(2) In this regulation and subject to paragraph (8)—
A is the aggregate of the net income of each of the eligible student’s dependants; and
B is—
£1,159 where the eligible student has no dependent child;
£3,473 where the eligible student is not a lone parent and has one dependent child;
£4,632 where the eligible student—
is not a lone parent and has more than one dependent child; or
is a lone parent and has one dependent child;
£5,797 where the eligible student is a lone parent and has more than one dependent child.
(3) Subject to paragraphs (5), (6) and (13), where B is greater than or equal to A , the basic amount of each element of the grants for dependants for which the eligible student qualifies is payable.
(4) Where ( A − B ) is equal to or exceeds the aggregate of the basic amounts of the elements of the grants for dependants for which the eligible student qualifies, the amount payable in respect of each element is nil.
(5) The amount of the adult dependants' grant calculated under paragraph (1) in respect of an adult dependant is reduced by one half where—
(a) the eligible student’s partner—
(i) is an eligible student; or
(ii) holds a statutory award; and
(b) account is taken of that partner’s dependants in calculating the amount of support for which that partner qualifies or the payment to which that partner is entitled under the statutory award.
(6) The amount of the childcare grant calculated under paragraph (1) is reduced by one half where—
(a) the eligible student’s partner—
(i) is an eligible student; or
(ii) holds a statutory award; and
(b) account is taken of that partner’s dependants in calculating the amount of support for which that partner qualifies or the payment to which that partner is entitled under the statutory award.
(7) Where the amount of the parents' learning allowance calculated under paragraph (1) is £0.01 or more but less than £50, the amount of parents' learning allowance payable is £50.
(8) Paragraphs (9) to (12) apply where, in the course of the academic year, any of the following occurs—
(a) there is a change in the number of the eligible student’s dependants;
(b) a person becomes or ceases to be a dependant of the eligible student;
(c) the eligible student becomes or ceases to be a lone parent;
(d) a student becomes an eligible student as a result of an event referred to in regulation 24(11).
(9) For the purposes of determining the respective values of A and B and whether adult dependants' grant or parents' learning allowance is payable, the Welsh Ministers must determine the following in relation to each relevant quarter by reference to the eligible student’s circumstances in the relevant quarter—
(a) how many dependants the eligible student is to be treated as having;
(b) who those dependants are;
(c) whether the student is to be treated as a lone parent.
(10) The amount of grants for dependants for the academic year is the aggregate of the amounts of adult dependants' grant and parents' learning allowance calculated in respect of each relevant quarter under paragraph (11) and the amount of any childcare grant for the academic year.
(11) The amount of adult dependants' grant and parents' learning allowance in respect of a relevant quarter is one third of what that grant or allowance would be for the academic year if the student’s circumstances in the relevant quarter as determined under paragraph (9) applied for the duration of the academic year.
(12) In this regulation, a “relevant quarter” (“ chwarter perthnasol ”) means—
(a) in the case of an eligible student referred to in paragraph (8)(d), a quarter which begins after the relevant event occurs other than a quarter during which, in the opinion of the Welsh Ministers, the longest of any vacation occurs;
(b) otherwise, a quarter other than the one quarter during which, in the opinion of the Welsh Ministers, the longest of any vacation occurs.
(13) A deduction may be made in accordance with Part 9 from the amount payable in respect of a particular element of the grants for dependants calculated under this Part.
(1) In regulations 27 to 30—
(a) subject to paragraph (4), “adult dependant” (“ dibynnydd mewn oed ”) means, in relation to an eligible student, an adult person dependent on the eligible student other than the eligible student’s child, the eligible student’s partner (including a spouse or civil partner from whom the Welsh Ministers consider the eligible student is separated) or the eligible student’s former partner;
(b) “child” (“ plentyn ”) in relation to an eligible student includes any child of the eligible student’s partner who is dependent on the eligible student and any child for whom the eligible student has parental responsibility who is dependent on the eligible student;
(c) “dependant” (“ dibynnydd ”) means, in relation to an eligible student, the eligible student’s partner, the eligible student’s dependent child or an adult dependant, who in each case is not an eligible student and does not hold a statutory award;
(d) “dependent” (“ dibynnol ”) means wholly or mainly financially dependent;
(e) “dependent child” (“ plentyn dibynnol ”) means, in relation to an eligible student, a child dependent on the eligible student;
(f) “lone parent” (“ rhiant unigol ”) means an eligible student who does not have a partner and who has a dependent child;
(g) “net income” (“ incwm net ”) has the meaning given in paragraph (6);
(h) subject to sub-paragraphs (i), (j), (k) and paragraphs (2) and (3), “partner” (“ partner ”) means any of the following—
(i) the spouse of an eligible student;
(ii) the civil partner of an eligible student;
(iii) a person ordinarily living with an eligible student as if the person were the eligible student’s spouse where an eligible student falls within paragraph 2(1)(a) of Schedule 5 and began the designated course on or after 1 September 2000;
(iv) a person ordinarily living with an eligible student as if the person were the eligible student’s civil partner where an eligible student falls within paragraph 2(1)(a) of Schedule 5 and began the designated course on or after 1 September 2005;
(i) unless otherwise indicated, a person who would otherwise be a partner under sub-paragraph (h) is not treated as a partner if—
(i) in the opinion of the Welsh Ministers, that person and the eligible student are separated; or
(ii) the person is ordinarily living outside the United Kingdom and is not maintained by the eligible student;
(j) for the purposes of the definition of “adult dependant” (“ dibynnydd mewn oed ”), a person is to be treated as a partner if the person would be a partner under sub-paragraph (h) but for the fact that the eligible student with whom the person is ordinarily living does not fall within paragraph 2(1)(a) of Schedule 5;
(k) for the purposes of the definitions of “child” (“ plentyn ”) and “lone parent” (“ rhiant unigol ”), a person is to be treated as a partner if the person would be a partner under sub-paragraph (h) but for the date on which the eligible student began the specified designated course or the fact that the eligible student with whom the person is ordinarily living does not fall within paragraph 2(1)(a) of Schedule 5.
(2) For the purposes of regulation 28—
(a) paragraph (1)(i) does not apply; and
(b) a person is to be treated as a partner if the person would be a partner under paragraph (1)(h) but for the fact that the eligible student with whom the person is ordinarily living does not fall within paragraph 2(1)(a) of Schedule 5.
(3) For the purposes of determining whether a person is the former partner of an eligible student’s partner, “partner” (“ partner ”) in relation to an eligible student’s partner means—
(a) the spouse of an eligible student’s partner;
(b) the civil partner of an eligible student’s partner:
(c) where the eligible student began the specified designated course on or after 1 September 2000, a person (“A”) ordinarily living with an eligible student’s partner (“B”) as if A were B’s spouse;
(d) where the eligible student began the specified designated course on or after 1 September 2005, a person (“A”) ordinarily living with an eligible student’s partner (“B”) as if A were B’s civil partner.
(4) Subject to paragraph (5), for the purposes of the definitions of “adult dependant” (“ dibynnydd mewn oed ”) and “dependent child” (“ plentyn dibynnol ”), the Welsh Ministers may treat an adult person or child as dependent on an eligible student if they are satisfied that the adult person or child—
(a) is not dependent on only—
(i) the eligible student; or
(ii) the eligible student’s partner; but
(b) is dependent on the eligible student and the eligible student’s partner together.
(5) The Welsh Ministers must not treat an adult person (“A”) as dependent on an eligible student in accordance with paragraph (4), if A is—
(a) the spouse or civil partner of the eligible student’s partner (including a spouse or civil partner from whom the Welsh Ministers consider the eligible student’s partner is separated); or
(b) the former partner of the eligible student’s partner.
(6) Subject to paragraph (7), a dependant’s net income is the dependant’s income from all sources for the academic year in question reduced by the amount of income tax and social security contributions payable in respect of it but disregarding—
(a) any pension, allowance or other benefit paid by reason of a disability or incapacity to which the dependant is subject;
(b) child benefit payable under Part IX of the Social Security Contributions and Benefits Act 1992 ;
(c) any financial support payable to the dependant by a local authority in accordance with regulations made under sections 2, 3 and 4 of the Adoption and Children Act 2002 ;
(d) any guardian’s allowance to which the dependant is entitled under section 77 of the Social Security Contributions and Benefits Act 1992;
(e) in the case of a dependant with whom a child being looked after by a local authority is boarded out, any payment made to that dependant in pursuance of section 23 of the Children Act 1989 ;
(f) any payment made to the dependant under section 23C(5A) of the Children Act 1989 ;
(g) any payments made to the dependant under section 15 of and Schedule 1 to the Children Act 1989 in respect of a person who is not the dependant’s child or any assistance given by a local authority pursuant to section 24 of that Act ; and
(h) any child tax credit to which the dependant is entitled under Part I of the Tax Credits Act 2002 .
(7) Where an eligible student or the eligible student’s partner makes any recurrent payments which were previously made by the eligible student in pursuance of an obligation incurred before the first academic year of the eligible student’s course, the eligible student’s partner’s net income is the net income calculated in accordance with paragraph (6) reduced by—
(a) an amount equal to the payments in question for the academic year, if in the opinion of the Welsh Ministers, the obligation had been reasonably incurred; or
(b) such lesser amount, if any, as the Welsh Ministers consider appropriate if, in their opinion, a lesser obligation could reasonably have been incurred.
(8) For the purposes of paragraph (6), where the dependant is a dependent child and payments are made to the eligible student towards the dependent child’s maintenance, those payments are to be treated as the dependent child’s income.
For the purposes of regulations 33 to 35—
(a) any reference to expenditure incurred for the purpose of attending an institution or period of study or period of overseas work placement in an Erasmus year—
(i) includes expenditure both before and after so attending; and
(ii) does not include any expenditure in respect of which a grant is payable under regulation 25,
(b) “qualifying quarter” (“ chwarter cymhwysol ”) means a quarter during which the eligible student attends as part of the eligible student’s course an overseas institution, the Institute or overseas work placement in an Erasmus year for at least half the period covered by that quarter.
(1) A grant is available to an eligible student attending a course in medicine or dentistry (a necessary part of which is a period of study by way of clinical training) in respect of the reasonable expenditure which the eligible student is obliged to incur in an academic year for the purpose of attending in connection with the eligible student’s course any hospital or other premises in the United Kingdom (not comprised in the institution) at which facilities for clinical training are provided other than expenditure incurred for the purpose of residential study away from the institution.
(2) A grant is available to an eligible student in respect of the reasonable expenditure which the eligible student is obliged to incur in each qualifying quarter within or outside the United Kingdom for the purpose of attending as part of the eligible student’s course an overseas institution, the Institute or overseas work placement in an Erasmus year.
(1) The amount of grant payable under regulation 33(1) in respect of an academic year is equal to the reasonable expenditure that the Welsh Ministers determine the eligible student is obliged to incur for the purposes set out in that regulation less £303.
(2) The amount of grant payable under regulation 33 (2) in respect of an academic year is calculated as follows—
where—
X is the aggregate of the reasonable travel costs that the eligible student is obliged to incur in each qualifying quarter for the purposes set out in regulation 33; and
Y is the aggregate of the expenditure incurred in each qualifying quarter specified in paragraph (3).
(3) The expenditure specified in paragraph (2) is—
(a) expenditure that the eligible student reasonably incurs in insuring against liability for the cost of medical treatment provided outside the United Kingdom for any illness or personal injury contracted or suffered during the period the eligible student is attending the overseas institution, the Institute or overseas work placement in an Erasmus year (“the placement” in this paragraph);
(b) the cost of a visa or visas that the eligible student is obliged to obtain in order to attend the overseas institution, the Institute or placement; and
(c) medical costs that the eligible student reasonably incurs in order to fulfil a mandatory condition of entry into the territory, country or state in which the overseas institution, the Institute or placement is situated.
A deduction may be made from a grant under regulations 33 and 34 in accordance with Part 9.
(1) An old system eligible student qualifies in accordance with this regulation for a higher education grant in connection with the old system eligible student’s attendance on a designated course to defray the cost of books, equipment, travel or childcare incurred for the purpose of attending that course.
(2) An old system eligible student does not qualify for a higher education grant unless the old system eligible student began the specified designated course on or after 1 September 2004.
(3) The maximum amount of higher education grant available in respect of an academic year is £1,000.
(4) An old system eligible student who qualifies for a higher education grant is entitled to receive an amount as follows—
(a) in any case where the household income is £16,765 or less, the old system eligible student is entitled to receive the maximum amount of grant available;
(b) in any case where the household income exceeds £16,765 and does not exceed £22,750, the old system eligible student receives an amount equal to M − A , where M is £1,000 and A is £1 for every £6.30 by which the household income exceeds £ 16,765; and
(c) in any case where the household income exceeds £22,750, no grant is payable under this regulation.
(1) A new system eligible student who is not a new cohort student qualifies in accordance with regulation 38 for a maintenance grant for living costs in connection with that eligible student’s attendance on a designated course.
(2) A new system eligible student who is a 2010 cohort student qualifies in accordance with regulation 39 for a maintenance grant for living costs in connection with that eligible student’s attendance on a designated course.
(3) A new system eligible student who is a 2011 cohort student qualifies in accordance with regulation 40 for a maintenance grant for living costs in connection with that eligible student’s attendance on a designated course.
(4) A new system eligible student does not qualify for a maintenance grant if that eligible student qualifies for a special support grant.
(1) The maximum amount of maintenance grant available to a new system eligible student who is not a 2010 cohort student in respect of an academic year is—
(a) in the case of a type 1 teacher training student, £1,453;
(b) in the case of a type 2 teacher training student, £2,906;
(c) in the case of a type 3 teacher training student, £1,453; and
(d) in the case of a new system eligible student other than a type 1, type 2 or type 3 teacher training student, £2,906.
(2) A type 1 teacher training student who qualifies for a maintenance grant in respect of an academic year receives an amount as follows in respect of that year—
(a) where the household income is £18,370 or less, the eligible student receives £1,453;
(b) where household income exceeds £18,370 but does not exceed £27,852, the eligible student receives an amount equal to M − (A/2) where M is £1,453 and A is £1 for every £5.86 by which the household income exceeds £18,370; and
(c) where the household income exceeds £27, 852, or the eligible student opts when applying for the grant not to provide the information needed to calculate the household income, the eligible student receives £644.
(3) A type 2 teacher training student who qualifies for a maintenance grant in respect of an academic year receives an amount as follows in respect of that year—
(a) where the household income is £18,370 or less, the eligible student receives £2,906;
(b) where the household income exceeds £18,370 but does not exceed £27,852, the eligible student receives an amount equal to M − A where M is £2,906 and A is £1 for every £5.86 by which the household income exceeds £18,370; and
(c) where the household income exceeds £27,852, or the eligible student opts when applying for grant not to provide the information needed to calculate the household income, the eligible student receives £1,288.
(4) A type 3 teacher training student who qualifies for a maintenance grant in respect of an academic year receives an amount as follows in respect of that year—
(a) where the household income is £18,370 or less, the eligible student receives £1,453;
(b) where the household income exceeds £18,370 but does not exceed £27,852, the eligible student receives an amount equal to M − (A/2) , where M is £1,453 and A is £1 for every £5.86 by which the household income exceeds £18,370;
(c) where the household income exceeds £27,852 but does not exceed £39,329 the eligible student receives an amount equal to RM − (A/2) , where RM is £644 and A is £1 for every £9.27 of income above £27,852;
(d) where the household income exceeds £39,329, no maintenance grant is payable.
(5) A new system eligible student other than a type 1, type 2 or type 3 teacher training student who qualifies for a maintenance grant in respect of an academic year receives an amount as follows in respect of that year—
(a) where the household income is £18,370 or less, the eligible student receives £2,906;
(b) where the household income exceeds £18,370 but does not exceed £27,852, the eligible student receives an amount equal to M − A where M is £2,906 and A is £1 for every £5.86 by which the household income exceeds £18,370;
(c) where the household income exceeds £27,852 but does not exceed £39,329, the eligible student receives an amount equal to RM − A , where RM is £1,288 and A is £1 for every £9.27 by which the household income exceeds £27,852;
(d) where the household income exceeds £39,329, no maintenance grant is payable.
(1) The maximum amount of maintenance grant available to a new system eligible student who is a 2010 cohort student in respect of an academic year is £5,000.
(2) A new system eligible student who is a 2010 cohort student and who qualifies for a maintenance grant in respect of an academic year receives an amount as follows in respect of that year—
(a) where the household income is £18,370 or less, the eligible student receives £5,000;
(b) where the household income exceeds £18,370 but does not exceed £26,500, the eligible student receives an amount equal to M − A , where M is £5,000 and A is £1 for every £3.77 by which the household income exceeds £18,370;
(c) where the household income exceeds £26,500 but does not exceed £34,000, the eligible student receives an amount equal to RM − A , where RM is £2,844 and A is £1 for every £4.315 by which the household income exceeds £26,500;
(d) where the household income exceeds £34,000 but does not exceed £50,020, the eligible student receives an amount equal to SM − A , where SM is £1,106 and A is £1 for every £15.17 by which the household income exceeds £34,000;
(e) where the household income is £50,020, the eligible student receives £50; and
(f) where the household income exceeds £50,020, no maintenance grant is payable.
(1) The maximum amount of maintenance grant available to a new system eligible student who is a 2011 cohort student in respect of an academic year is £5,600.
(2) A new system eligible student who is a 2011 cohort student and who qualifies for a maintenance grant in respect of an academic year receives an amount as follows in respect of that year—
(a) where the household income is £18,370 or less, the eligible student receives £5,600;
(b) where the household income exceeds £18,370 but does not exceed £26,500, the eligible student receives an amount equal to M − A , where M is £5,600 and A is £1 for every £3.77 by which the household income exceeds £18,370;
(c) where the household income exceeds £26,500 but does not exceed £34,000, the eligible student receives an amount equal to RM − A , where RM is £3,444 and A is £1 for every £4.315 by which the household income exceeds £26,500;
(d) where the household income exceeds £34,000 but does not exceed £50,020, the eligible student receives an amount equal to SM − A , where SM is £1,706 and A is £1 for every £9.67 by which the household income exceeds £34,000;
(e) where the household income is £50,020, the eligible student receives £50;
(f) where the household income exceeds £50,020, no maintenance grant is payable.
(1) A new system eligible student who is not a new cohort student qualifies in accordance with regulation 42 for a special support grant in connection with that eligible student’s attendance on a designated course to defray the cost of books, equipment, travel or childcare incurred for the purpose of attending that course.
(2) A new system eligible student who is a 2010 cohort student qualifies in accordance with regulation 43 for a special support grant in connection with that eligible student’s attendance on a designated course to defray the cost of books, equipment, travel or childcare incurred for the purpose of attending that course.
(3) A new system eligible student who is a 2011 cohort student qualifies in accordance with regulation 44 for a special support grant in connection with that student’s attendance on a designated course to defray the cost of books, equipment, travel or childcare incurred for the purpose of attending that course.
(4) A new system eligible student qualifies for a special support grant if that eligible student falls within a prescribed category of person for the purposes of section 124(1)(e) of the Social Security Contributions and Benefits Act 1992 , or if that eligible student is treated as being liable to make payments in respect of a dwelling prescribed by regulations made under section 130(2) of that Act .
(1) The maximum amount of special support grant available to a new system eligible student who is not a new cohort student in respect of an academic year is—
(a) in the case of a type 1 teacher training student, £1,453;
(b) in the case of a type 2 teacher training student, £2,906;
(c) in the case of a type 3 teacher training student, £1,453; and
(d) in the case of a new system eligible student other than a type 1, type 2 or type 3 teacher training student, £2,906.
(2) A type 1 teacher training student who qualifies for special support grant in respect of an academic year receives an amount as follows in respect of that year—
(a) where the household income is £18,370 or less, the eligible student receives £1,453;
(b) where the household income exceeds £18,370 but does not exceed £27,852, the eligible student receives an amount equal to M − (A/2 ) where M is £1,453 and A is £1 for every £5.86 by which the household income exceeds £18,370; and
(c) where the household income exceeds £27,852, or the student opts when applying for grant not to provide the information needed to calculate the household income, the eligible student receives £644.
(3) A type 2 teacher training student who qualifies for special support grant in respect of an academic year receives an amount as follows in respect of that year—
(a) where the household income is £18,370 or less, the eligible student receives £2,906;
(b) where the household income exceeds £18,370 but does not exceed £27,852, the eligible student receives an amount equal to M − A where M is £2,906 and A is £1 for every £5.86 by which the household income exceeds £18,370; and
(c) where the household income exceeds £27,852, or the student opts when applying for the grant not to provide the information needed to calculate the household income the eligible student receives £1,288.
(4) A type 3 teacher training student who qualifies for special support grant in respect of an academic year receives an amount as follows in respect of that year—
(a) where the household income is £18,370 or less, the eligible student receives £1,453;
(b) where the household income exceeds £18,370 but does not exceed £27,852, the eligible student receives an amount equal to M − (A/2 ) where M is £1,453 and A is £1 for every £5.86 by which the household income exceeds £18,370;
(c) where the household income exceeds £27,852 but does not exceed £39,329, the eligible student receives an amount equal to RM − (A/2 ), where RM is £644 and A is £1 for every £9.27 by which the household income exceeds £27,852; and
(d) where the household income exceeds £39,329, no special support grant is payable.
(5) A new system eligible student other than a type 1, type 2 or type 3 teacher training student who qualifies for a special support grant in respect of an academic year receives an amount as follows in respect of that year—
(a) where the household income is £18,370 or less, the eligible student receives £2,906;
(b) where the household income exceeds £18,370 but does not exceed £27,852, the eligible student receives an amount equal to M − A where M is £2,906 and A is £1 for every £5.86 by which the household income exceeds £18,370;
(c) where the household income exceeds £27,852 but does not exceed £39,329, the eligible student receives an amount equal to RM − A , where RM is £1,288 and A is £1 for every £9.27 by which the household income exceeds £27,852;
(d) where the household income exceeds £39,329, no special support grant is payable.
(1) The maximum amount of special support grant available to a new system eligible student who is a 2010 cohort student in respect of an academic year is £5,000.
(2) A new system eligible student who is a 2010 cohort student who qualifies for a special support grant in respect of an academic year receives an amount as follows in respect of that year—
(a) where the household income is £18,370 or less, the eligible student receives £5,000;
(b) where the household income exceeds £18,370 but does not exceed £26,500, the eligible student receives an amount equal to M − A , where M is £5,000 and A is £1 for every £3.77 by which the household income exceeds £18,370;
(c) where the household income exceeds £26,500 but does not exceed £34,000, the eligible student receives an amount equal to RM − A , where RM is £2,844 and A is £1 for every £4.315 by which the household income exceeds £26,500;
(d) where the household income exceeds £34,000 but does not exceed £50,020, the eligible student receives an amount equal to SM − A , where SM is £1,106 and A is £1 for every £15.17 by which the household income exceeds £34,000;
(e) where the household income is £50,020, the eligible student receives £50; and
(f) where the household income exceeds £50,020, no special support grant is payable.
(1) The maximum amount of special support grant available to a new system eligible student who is a 2011 cohort student in respect of an academic year is £5,600.
(2) A new system eligible student who is a 2011 cohort student who qualifies for a special support grant in respect of an academic year receives an amount as follows in respect of that year—
(a) where the household income is £18,370 or less, the eligible student receives £5,600;
(b) where the household income exceeds £18,370 but does not exceed £26,500, the eligible student receives an amount equal to M − A , where M is £5,600 and A is £1 for every £3.77 by which the household income exceeds £18,370;
(c) where the household income exceeds £26,500 but does not exceed £34,000, the eligible student receives an amount equal to RM − A , where RM is £3,444 and A is £1 for every £4.315 by which the household income exceeds £26,500;
(d) where the household income exceeds £34,000 but does not exceed £50,020, the eligible student receives an amount equal to SM − A , where SM is £1,706 and A is £1 for every £9,67 by which the household income exceeds £34,000;
(e) where the household income is £50,020, the eligible student receives £50; and
(f) where the household income exceeds £50,020, no special support grant is payable.
(1) Subject to paragraph (7), an eligible student qualifies for a loan for living costs in connection with the eligible student’s attendance on a designated course if the eligible student satisfies the condition in paragraph (2) and is not excluded by paragraph (3) or regulation 7.
(2) The condition is that the eligible student is under the age of 60 on the relevant date.
(3) An eligible student does not qualify for a loan for living costs if the only paragraph in Part 2 of Schedule 1 into which the student falls is paragraph 9.
(4) An eligible student does not qualify for a loan for living costs in connection with the eligible student’s attendance on a designated course if that course is a flexible postgraduate ITT course which is of less than one academic year’s duration.
(5) An eligible student does not qualify for a loan for living costs in connection with the eligible student’s attendance on a designated course if that course—
(a) begins on or after 1 September 2009; and
(b) leads to qualification as a landscape architect, landscape designer, landscape manager, town planner or town and country planner.
(6) An old system eligible student who falls within paragraph (a) or (d)(i) of the definition of “old system eligible student” in regulation 2 qualifies for a loan for living costs in connection with the old system eligible student’s attendance on a designated course if the old system eligible student satisfies the condition in paragraph (2) and is not excluded by paragraph (3).
(7) An eligible student to whom this regulation applies is treated as being in attendance on the designated course for the purpose of qualifying for the loan for living costs.
(8) Paragraph (7) applies to—
(a) a compressed degree student;
(b) a disabled eligible student who—
(i) is not a compressed degree student; and
(ii) is undertaking a designated course in the United Kingdom but is not in attendance because the eligible student is unable to attend for a reason which relates to the eligible student’s disability; and
(c) an eligible student on a period of study or a period of work placement in an Erasmus year.
(9) An eligible student does not qualify for a loan for living costs under this Part if the eligible student is a prisoner.
The maximum amount of loan for living costs in respect of an academic year is calculated as follows—
(a) where the eligible student is an old system eligible student with full entitlement, in accordance with regulation 47;
(b) where the eligible student is a new system eligible student with full entitlement who is not a new cohort student, in accordance with regulations 48 and 49;
(c) where the eligible student is a new system eligible student with full entitlement who is a 2010 cohort student, in accordance with regulation 50;
(d) where the eligible student is a new system eligible student with full entitlement who is a 2011 cohort student, in accordance with regulation 51;
(e) where the eligible student is a student with reduced entitlement, in accordance with regulation 52.
(1) Subject to regulations 53 to 58, the maximum amount of loan for living costs for which an old system eligible student with full entitlement qualifies in respect of an academic year other than the final year of a course that is not an intensive course is, for such a student in—
(a) category 1, £3,673;
(b) category 2, £6,648;
(c) category 3, £5,658;
(d) category 4, £5,658;
(e) category 5, £4,745.
(2) Subject to regulations 53 to 58, the maximum amount of loan for living costs for which an old system eligible student with full entitlement qualifies in respect of an academic year which is the final year of a course that is not an intensive course is, for such a student in—
(a) category 1, £3,324;
(b) category 2, £6,053;
(c) category 3, £4,920;
(d) category 4, £4,920;
(e) category 5, £4,396.
(1) This regulation applies to a new system eligible student with full entitlement who is not a new cohort student (other than a type 1 or type 2 teacher training student whose contribution exceeds nil).
(2) Subject to regulations 53 to 58, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year other than a final year of a course that is not an intensive course is equal to ( X−Y ) where—
X is, for such a student in—
category 1, £3,673;
category 2, £6,648;
category 3, £5,658;
category 4, £5,658;
category 5, £4,745;
Y is the maintenance grant amount.
(3) Subject to regulations 53 to 58, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year that is the final year of a course that is not an intensive course is equal to ( X−Y ) where—
X is, for such a student in—
category 1, £3,324;
category 2, £6,053;
category 3, £4,920;
category 4, £4,920;
category 5, £4,396;
Y is the maintenance grant amount.
(4) In this regulation, “the maintenance grant amount” (“ swm y grant cynhaliaeth ”) is—
(a) where the new system eligible student referred to in paragraph (1) qualifies under regulation 38 for an amount of maintenance grant not exceeding £1,288, the amount of maintenance grant payable;
(b) where the new system eligible student referred to in paragraph (1) qualifies under regulation 38 for an amount of maintenance grant exceeding £1,288; and
(c) where no maintenance grant is payable, nil.
(1) This regulation applies to a type 1 or type 2 teacher training student whose contribution exceeds nil.
(2) Subject to regulations 53 to 58, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year other than the final year of a course that is not an accelerated course is, for such student in—
(a) category 1, £3,673;
(b) category 2, £6,648;
(c) category 3, £5,658;
(d) category 4, £5,658;
(e) category 5, £4,745.
(3) Subject to regulations 53 to 58, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year of a course that is the final year of a course that is not an accelerated course is, for such a student in—
(a) category 1, £3,324;
(b) category 2, £6,053;
(c) category 3, £4,920;
(d) category 4, £4,920;
(e) category 5, £4,396.
(1) This regulation applies to a new system eligible student with full entitlement who is a 2010 cohort student.
(2) Subject to regulations 53 to 58, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year other than a final year of a course that is not an intensive course is equal to ( X−Y ) where—
X is, for such a student in—
category 1, £3,673;
category 2, £6,648;
category 3, £5,658;
category 4, £5,658;
category 5, £4,745;
Y is the maintenance grant amount.
(3) Subject to regulations 53 to 58, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year that is the final year of a course that is not an intensive course is equal to ( X−Y ) where—
X is, for such a student in—
category 1, £3,324;
category 2, £6,053;
category 3, £4,920;
category 4, £4,920;
category 5, £4,396;
Y is the maintenance grant amount.
(4) In this regulation, “the maintenance grant amount” (“ swm y grant cynhaliaeth ”) is—
(a) where the new system eligible student referred to in paragraph (1) qualifies under regulation 39 for an amount of maintenance grant, the amount that is equal to £0.60 for every £1 of maintenance grant for which that student qualifies, up to a maximum value for Y of £2,844;
(b) where no maintenance grant is payable under regulation 39, nil.
The Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2011 (legislation.gov.uk, OGL v3.0). Retrieved via LawPlayer, https://lawplayer.com/uk/act/wsi-2011-148 (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