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(1) The title of these Regulations is the Education (Student Support) (Wales) Regulations 2017.
(2) These Regulations come into force on 17 February 2017 and apply in relation to Wales.
(3) These Regulations do not apply to the provision of support to students in relation to a course which begins on or after 1 August 2018 unless Regulation 2(3) of the Education (Student Support) (Wales) Regulations 2018 applies to the course.
(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 2005 ;
“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 ;
“the 2011 Regulations” (“ Rheoliadau 2011 ”) means the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2011 ;
“the 2011 (No. 2) Regulations” (“ Rheoliadau (Rhif 2) 2011 ”) means the Assembly Learning Grants and Loans (Higher Education) (Wales) (No.2) Regulations 2011 ;
“the 2012 Regulations” (“ Rheoliadau 2012 ”) means the Education (Student Support) (Wales) Regulations 2012 ;
“the 2013 Regulations” (“ Rheoliadau 2013”) means the Education (Student Support) (Wales) Regulations 2013 ;
“the 2015 Regulations” ( “Rheoliadau 2015”) means the Education (Student Support) (Wales) Regulations 2015 ;
“2010 cohort student” (“ myfyriwr carfan 2010 ”) means an eligible student who began 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 (6);
“2011 cohort student” (“ myfyriwr carfan 2011 ”) means an eligible student who began the present course on or after 1 September 2011 but before 1 September 2012, other than—
a 2011 gap year student;
an eligible student who started the present course on or after 1 September 2011 but before 1 September 2012 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 before 1 September 2012 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 10);
“2012 accelerated graduate entry student” (“ myfyriwr mynediad graddedig carlam 2012 ”) means an eligible student who begins an accelerated graduate entry course on or after 1 September 2012 and before 1 August 2018 ;
“2012 cohort student” (“ myfyriwr carfan 2012 ”) means an eligible student who begins the present course on or after 1 September 2012 and before 1 August 2018 (but including a course starting on or after 1 August 2018 if the course is one in relation to which the student's status has transferred under regulation 8 ... or 102 or is an end-on course) , other than—
an eligible student who started the present course on or after 1 September 2012 where that course is an end-on course following on from a course that the student started before 1 September 2012; or
an eligible student who started the present course on or after 1 September 2012 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 2012; or
a 2012 accelerated graduate entry student;
“the 2020 Citizens’ Rights Regulations” (“ Rheoliadau Hawliau Dinasyddion 2020 ”) means the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020;
“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—
in respect of an academic year of a course other than the first year of a compressed first year course, the period of twelve months beginning on 1 January, 1 April, 1 July or 1 September of the calendar year in which the academic year of the course in question begins according to whether that academic year begins on or after 1 January and before 1 April, on or after 1 April and before 1 July, on or after 1 July and before 1 August or on or after 1 August and on or before 31 December, respectively; or
in respect of an academic year which is the first year of a compressed first year course, the period of eight months beginning on 1 January, 1 April, 1 July or 1 September of the calendar year in which the academic year of the course in question begins according to whether that academic year begins on or after 1 January and before 1 April, on or after 1 April and before 1 July, on or after 1 July and before 1 August or on or after 1 August and on or before 31 December respectively;
“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;
“accelerated graduate entry course” (“ cwrs mynediad graddedig carlam ”) means a course—
the standard of which is not higher than a first degree course and which leads to a qualification as a medical doctor or dentist;
where a first degree or equivalent qualification would normally be required for entry to the course;
which begins on or after 1 September 2012 and before 1 August 2018 ; and
which does not exceed 4 years in duration;
“accelerated graduate entry fee loan” (“ benthyciad at ffioedd mynediad graddedig carlam ”) means a loan payable by the Welsh Ministers under regulation 22;
“adult dependants’ grant” (“ grant dibynyddion mewn oed ”) means the grant payable under regulation 26;
“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;
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part-time student, a person who makes an application under regulation 99; and
postgraduate student, a person who makes an application under regulation 115;
“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 ..., 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 27;
“close relative” (“ perthynas agos ”) (in relation to a person (“P”)) means—
P’s spouse or civil partner;
a person ordinarily living with P as if the person were P’s spouse or civil partner;
P’s parent, where P is under the age of 25;
P’s child, where P is dependent on that child;
“college fees” (“ ffioedd 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;
“Common Aggregation Hierarchy” (“ Hierarchiaeth Cydgasglu Cyffredin ”) has the meaning given in regulation 81(29);
“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 2013; or
begins the course on or after 1 September 2013 and before 1 August 2018 ; 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;
“compressed first year course” (“ cwrs blwyddyn gyntaf gywasgedig ”) means a designated course—
which begins on or after 1 September 2013 and before 1 August 2018 ;
where the first year of the course is undertaken on a compressed basis and can be completed in a period of not more than seven months; and
where no other years of the course are undertaken on such a compressed basis;
“contribution” (“ cyfraniad ”) means in relation to—
an eligible student, the student’s contribution calculated pursuant to regulation 55 and Schedule 5;
an eligible part-time student, the student’s contribution calculated pursuant to regulation 96 and Schedule 6;
“council tax reduction scheme” (“ cynllun gostyngiadau’r dreth gyngor ”) means a scheme made by a billing authority in accordance with the Council Tax Reduction Schemes and Prescribed Requirements (Wales) Regulations 2013 or which applies in default in accordance with paragraph 6(1)(e) of Schedule 1B to the Local Government Finance Act 1992 ;
“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;
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“designated part-time course” (“ cwrs rhan-amser dynodedig ”) means a course designated by regulation 83(1) or by the Welsh Ministers under regulation 83(6);
“designated postgraduate course” (“ cwrs ôl-radd dynodedig ”) means a course designated by regulation 112(1) or by the Welsh Ministers under regulation 112(4);
“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;
“disability” (“ anabledd ”) has the meaning given in section 6 of the Equality Act 2010 ;
“distance learning course” (“ cwrs dysgu o bell ”) means a full-time course beginning on or after 1 September 2012 and before 1 August 2018 in relation to which a student undertaking the course is not required to be in attendance by the institution providing the course, other than to satisfy any requirement imposed by the institution to attend any institution—
for the purposes of registration, enrolment or any examination; or
on a weekend or during any vacation;
“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;
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“eligible part-time prisoner” (“ carcharor rhan-amser cymwys ”) means a prisoner—
who begins the present part-time course on or after 1 September 2014 and before 1 August 2018 ;
has been authorised by the prison Governor or Director or other appropriate authority to study the present part-time course;
whose earliest release date is within 6 years of the first day of the first academic year of the present part-time course; and
who has not transferred to the present part-time course under regulation 102 from a course beginning before 1 September 2014;
“eligible part-time student” (“ myfyriwr rhan-amser cymwys ”) has the meaning given in regulation 81;
“eligible postgraduate student” (“ myfyriwr ôl-raddedig cymwys ”) has the meaning given in regulation 110;
“eligible prisoner” (“ carcharor cymwys ”) means a prisoner—
who begins the present course on or after 1 September 2012 and before 1 August 2018 ;
has been authorised by the prison Governor or Director or other appropriate authority to study the present course;
whose earliest release date is within 6 years of the first day of the first academic year of the present course;
who has not transferred to the present course under regulation 8 from a course beginning before 1 September 2012; and
is not beginning an end-on course on or after 1 September 2012;
“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 or for the purpose of regulation 8 of the School Teachers’ Qualifications (Wales) Regulations 2012 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 2,3 or 4 of Schedule 2 for which the student received or was entitled to receive support under the 2006, 2007, 2008, 2008 (No. 2), 2009, 2011, 2011 (No. 2),2012, 2013 or 2015 Regulations or under these Regulations ;
a full-time honours degree course which, disregarding any intervening vacation, a student begins to attend immediately after ceasing to attend a full-time foundation degree course or a full-time ordinary degree course for which the student received or was entitled to receive support under the 2006, 2007, 2008, 2008 (No. 2), 2009, 2011, 2011 (No. 2), 2012, 2013 or 2015 Regulations or under these Regulations ;
a part-time first degree course (other than a first degree course for the initial training of teachers) which, disregarding any intervening vacation, a student begins to attend immediately after ceasing to attend a part-time course listed in paragraph 2, 3 or 4 of Schedule 2 for which the student received or was entitled to receive support under the 2006, 2007, 2008, 2008 (No. 2), 2009, 2011, 2011 (No. 2), 2012,2013 or 2015 Regulations or under these Regulations ;
a part-time honours degree course which, disregarding any intervening vacation, a student begins to attend immediately after ceasing to attend a part-time foundation degree course or a part-time ordinary degree course for which the student received or was entitled to receive support under the 2006, 2007, 2008, 2008 (No. 2), 2009, 2011, 2011 (No. 2), 2012, 2013 or 2015 Regulations or under these Regulations ;
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“entitlement period” (“ cyfnod hawlogaeth ”) has the meaning given in regulation 27(4);
“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, in the scheme established by the Secretary of State for Education known as the Turing Scheme or in the scheme established by the Welsh Ministers known as the International Learning Exchange Programme, the student’s course is a course referred to in regulation 5(1)(e) or (ea) or regulation 83(1)(d) and—
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where the course begins ... before 1 August 2018 and is provided by an institution in Northern Ireland, all the periods of study or work placement during the academic year are attended at an institution or workplace outside the United Kingdom; or
where the course begins ... before 1 August 2018 and is provided by an institution in England, Scotland or Wales—
at least one period of study or work placement during the academic year is attended at an institution or workplace outside the United Kingdom; and
either—
in respect of that academic year the aggregate of any one or more periods of full-time study at the institution in the United Kingdom is less than 10 weeks; or
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 any intervening vacations) exceeds 30 weeks;
“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 57(1) of the Higher Education (Wales) Act 2015 except in references to college fees;
“fee loan” (“ benthyciad at ffioedd ”) means a loan for fees payable to an 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 loans in relation to fees under Part 4;
“former Metropolitan Police District” (“ cyn 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;
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“grant for disabled part-time students’ living costs” (“ grant at gostau byw myfyrwyr rhan-amser anabl ”) means the grant payable under regulation 88;
“grant for disabled students’ living costs” (“ grant at gostau byw myfyrwyr anabl ”) means the grant payable under regulation 24;
“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 25(1);
“grant for travel” (“ grant at deithio ”) means the grant payable under regulations 32 to 34;
“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 but not a payment made out of the Learning Support Fund or Article 44 of the Health and Personal Social Services (Northern Ireland) Order 1972 ;
“Higher Education Classification of Subjects” (“ Dosbarthiad Pynciau Addysg Uwch ”) has the meaning given in regulation 81(29);
“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;
“immigration rules” (“ rheolau mewnfudo ”) means the rules laid before Parliament by the Secretary of State under section 3(2) of the Immigration Act 1971;
“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;
“ Learning Support Fund ” means the fund made available by NHS England to certain students in respect of qualifying healthcare courses;
“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;
“maintenance grant” (“ grant cynhaliaeth ”) means the grant payable under regulations 35 to 37;
“member of the armed forces” (“ aelod o’r lluoedd arfog” ) means a member of the regular naval, military or air forces of the Crown;
“new eligible part-time student” (“ myfyriwr rhan-amser cymwys newydd ”) means an eligible part-time student who begins a designated part-time course on or after 1 September 2014 and before 1 August 2018 (but including a course starting on or after 1 August 2018 if the course is one in relation to which the student's status has transferred under regulation 8 ... or 102 or is an end-on course) , other than—
an eligible part-time student who started the present part-time course on or after 1 September 2014 where that course is an end-on course following on from a designated part-time course that the student started before 1 September 2014; or
an eligible part-time student who started the present part-time course on or after 1 September 2014 whose status as an eligible part-time student transferred to that part-time course as a result of one or more transfers of that status by the Welsh Ministers pursuant to regulation 102 from a designated part-time course which the student began before 1 September 2014;
“new fee grant” (“ grant newydd at ffioedd ”) means a grant made by the Welsh Minsters under regulation 16;
“new fee loan” (“ benthyciad newydd at ffioedd ”) means a loan payable by the Welsh Ministers under regulation 19;
“new part-time course grant” (“ grant newydd at gyrsiau rhan-amser ”) means a grant payable by the Welsh Ministers under regulation 87;
“new part-time fee loan” (“ benthyciad newydd at ffioedd rhan-amser ”) means a loan payable by the Welsh Ministers under regulation 86;
“new private institution fee loan” (“ benthyciad newydd at ffioedd sefydliad preifat ”) means a loan payable by the Welsh Ministers under regulation 21;
“old award” (“ hen ddyfarniad ”) is an award within the meaning of the Education (Mandatory Awards) Regulations 2003 ;
“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 28;
“part-time adult dependants’ grant” (“ grant rhan-amser ar gyfer dibynyddion mewn oed ”) means the grant payable under regulation 91;
“part-time childcare grant” (“ grant rhan-amser ar gyfer gofal plant ”) means the grant payable under regulation 92;
“part-time distance learning course” (“ cwrs dysgu o bell rhan-amser ”) means a designated part-time course in relation to which a student undertaking the course is not required to be in attendance by the institution providing the course, other than to satisfy any requirement imposed by the institution to attend any institution—
for the purposes of registration, enrolment or any examination; or
on a weekend or during any vacation;
“part-time grants for dependants” (“ grantiau rhan-amser ar gyfer dibynyddion ”) means the grants and allowance listed in regulation 90(1);
“part-time parents’ learning allowance” (“ lwfans dysgu rhan-amser ar gyfer rhieni ”) means the allowance payable under regulation 93;
“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 granted leave to enter or remain as a protected partner” (“ person y rhoddwyd caniatâd iddo ddod i mewn neu aros fel partner a ddiogelir ”) means a person with extant leave to enter or remain in the United Kingdom as either a victim of domestic violence or domestic abuse or as a bereaved partner under any of the following provisions of the immigration rules—
in the case of a person granted leave to remain before 31 January 2024, any of the following provisions of the immigration rules—
paragraphs 289B and 289D (victims of domestic violence);
paragraphs D-DVILR.1.1. and D-DVILR.1.2. of Appendix FM (victims of domestic abuse);
paragraphs 40 and 41 of Appendix Armed Forces (victims of domestic violence who are partners of members of the armed forces);
paragraph 288, as a person in relation to whom the requirements in paragraph 287(b) of those rules are met (bereaved spouses or civil partners);
paragraphs D-BPILR.1.1. and D-BPILR.1.2. of Appendix FM (decision on application for indefinite leave to remain as a bereaved partner);
paragraphs 36 and 37 of Appendix Armed Forces (bereaved partners); or
paragraph 295N, as a person in relation to whom the requirements in paragraph 295M of those rules are met (bereaved unmarried or same sex partners);
in the case of a person granted leave to enter or remain on or after 31 January 2024, either of the following provisions of the immigration rules—
paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse, or
paragraph BP 11.1 of Appendix Bereaved Partner.
“person granted stateless leave” (“ person y rhoddwyd caniatâd iddo aros fel person diwladwriaeth ”) means a person who—
has extant leave to remain as a stateless person under the immigration rules; and
has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;
“person with Calais leave” (“ person sydd â chaniatâd Calais ”) means a person with extant leave to remain under paragraphs 352J, 352K, 352L or 352T of the immigration rules (Calais leave and “leave in line” granted by virtue of being a dependent child of a person granted Calais leave);
“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—
applied for refugee status but has, as a result of that application, been informed in writing 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 on the grounds of ... discretionary leave, and who has been granted leave to enter or remain accordingly;
not applied for refugee status but has been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that it is thought right to allow A to enter or remain in the United Kingdom on the grounds of discretionary leave, and who has been granted leave to enter or remain accordingly;
been granted leave to remain on the grounds of family life under the immigration rules;
been granted leave to remain on the grounds of private life under the immigration rules; or
been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that, although A is not considered to qualify for leave to remain on the grounds of private or family life under the immigration rules, A has been granted leave to remain outside the rules on the grounds of Article 8 of the European Convention on Human Rights;
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;
“person with protected rights” (“ person sydd â hawliau gwarchoddedig”) means—
a person within the personal scope of the citizens’ rights provisions who—
has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules;
is an Irish citizen who, pursuant to section 3ZA of the Immigration Act 1971, does not require leave to enter or remain in the United Kingdom;
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is an applicant for the purposes of regulation 4 of the 2020 Citizens’ Rights Regulations where the relevant period has not expired; or
otherwise has rights deemed to apply by virtue of any citizens’ rights deeming provisions; or
a family member of a relevant person of Northern Ireland for the purposes of residence scheme immigration rules, where that family member has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules;
In paragraph (1)(a)(v) “ citizens’ rights deeming provisions ” means—
Article 18(2) and (3) (issuance of residence documents) of the EU withdrawal agreement;
Article 17(2) and (3) (issuance of residence documents) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020); or
Article 16(2) and (3) (issuance of residence documents) of the Swiss citizens’ rights agreement.
“person with section 67 leave to remain” (“ person sydd â chaniatâd i aros o dan adran 67 ”) means a person who—
has extant leave to remain in the United Kingdom under section 67 of the Immigration Act 2016 and in accordance with the immigration rules; and
has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;
“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 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 99;
“present postgraduate course” (“ cwrs ôl-radd presennol ”) means the designated postgraduate course in respect of which a person is applying for support under regulation 115;
“prisoner (“ carcharor ”) means a person who is serving a sentence of imprisonment in the United Kingdom including a person who is detained in a young offender institution;
“private institution” (“ sefydliad preifat ”) means an institution which is not a recognised educational institution;
“protected English provider” (“ darparwr Seisnig gwarchodedig ”) means an institution which on or after 1 August 2018 but before 1 August 2019 was maintained or assisted by recurrent grants pursuant to section 65 of the Further and Higher Education Act 1992 other than an institution maintained or assisted by recurrent grants made by the Higher Education Funding Council for Wales;
“protected Ukrainian national” (“ gwladolyn Wcreinaidd a ddiogelir ”) means a person who has extant leave to enter or remain in the United Kingdom granted —
under Appendix Ukraine Scheme of the immigration rules, by virtue of any of the following schemes—
the Ukraine Family Scheme;
the Homes for Ukraine Sponsorship Scheme;
the Ukraine Extension Scheme;
the Ukraine Permission Extension Scheme; or
outside the immigration rules, where the person—
was residing in Ukraine immediately before 1 January 2022; and
left Ukraine in connection with the Russian invasion which took place on 24 February 2022;
“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 neu athrawes gymwysedig ”, “ athro 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 beginning before 1 August 2018 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 meets the conditions set out 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;
“recognised educational institution” (“ sefydliad addysgol cydnabyddedig ”) means—
a Welsh regulated institution;
a protected English provider; or
an institution maintained or assisted by recurrent grants out of public funds that is wholly or mainly situated in Scotland or Northern Ireland;
“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;
“relevant period” (“ cyfnod perthnasol ”) has the meaning given by regulation 4 of the 2020 Citizens’ Rights Regulations;
“relevant person of Northern Ireland” (“ person perthnasol o Ogledd Iwerddon ”) has the meaning given by residence scheme immigration rules;
“residence scheme immigration rules” (“ rheolau mewnfudo’r cynllun preswylio ”) has the meaning given by section 17(1) of the European Union (Withdrawal Agreement) Act 2020;
...
“sandwich course” (“ cwrs rhyngosod ”) has the meaning given in paragraph (2);
...
“special support grant” (“ grant cymorth arbennig ”) means the grant payable under regulations 38 to 40;
“specified designated course” (“ cwrs dynodedig a bennir ”) has the meaning given in paragraph (5);
“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;
“Swiss citizens’ rights agreement” (“ cytundeb ar hawliau dinasyddion Swisaidd ”) has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;
“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;
“universal credit” (“ credyd cynhwysol ”) means universal credit under Part 1 of the Welfare Reform Act 2012 ;
“universal healthcare bursary” (“ bwrsari gofal iechyd cyffredinol ”) means a healthcare bursary of £1,000 which is—
payable to a 2012 cohort student or a 2012 accelerated graduate entry student; and
in relation to a 2012 cohort student is not calculated by reference to that student’s income; or
in relation to a 2012 accelerated graduate entry student is not calculated by reference to that student’s income;
“valid declaration of eligibility” (“ datganiad cymhwystra dilys ”) has the meaning given in regulation 27(4);
“Welsh regulated institution” (“ sefydliad rheoleiddiedig Cymreig ”) means an institution which has a fee and access plan approved by the Higher Education Funding Council for Wales under section 7 of the Higher Education (Wales) Act 2015 whilst that plan remains in force.
(1A) For the purposes of these Regulations, a person is within the personal scope of the citizens’ rights provisions if that person falls within—
(a) Article 10 (personal scope) of the EU withdrawal agreement;
(b) Article 9 (personal scope) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020); or
(c) Article 10 (personal scope) of the Swiss citizens’ rights agreement.
(2) 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.
(3) In these Regulations, the “specified designated course” (“ cwrs dynodedig a bennir ”) means the present course, subject to paragraphs (4) and (5).
(4) 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.
(5) 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.
(6) 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 (7) or (9).
(7) The conditions referred to in paragraph (6) 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.
(8) In paragraph (7), 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.
(9) The conditions referred to in paragraph (6) 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.
(10) 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 (11) or (13).
(11) The conditions referred to in paragraph (10) 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.
(12) In paragraph (11), 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.
(13) The conditions referred to in paragraph (10) 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.
(14) For the purposes of these Regulations—
(a) a 2011 gap year student is to be treated as a 2010 cohort student;
(b) 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;
(c) 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;
(d) subject to paragraph (15), where an eligible student starts the present course on or after 1 September 2012 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 2011 and before 1 September 2012, the student is to be treated as a 2011 cohort student;
(e) subject to paragraph (15), where an eligible student starts the present course on or after 1 September 2012 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 2011 and before 1 September 2012, the student is to be treated as a 2011 cohort student.
(15) The eligible student referred to in sub-paragraphs (d) and (e) of paragraph (14) is not to be treated as a 2011 cohort student, if in relation to the earlier course, the student is a 2011 gap year student.
(1) Subject to paragraph (14), the 2015 Regulations are revoked on 1 September 2017.
(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 began on or after 1 September 2010 but before 1 September 2011.
(10) The 2011 Regulations continue to apply to the provision of support to students in relation to an academic year which begins on or after 1 September 2011 but before 1 September 2012.
(11) The 2011 (No. 2) Regulations continue to apply to the provision of support to students in relation to an academic year which begins on or after 1 September 2012 but before 1 September 2013.
(12) The 2012 Regulations continue to apply to the provision of support to students in relation to an academic year which begins on or after 1 September 2013 but before 1 September 2014.
(13) The 2013 Regulations continue to apply to the provision of support to students in relation to an academic year which begins on or after 1 September 2014 but before 1 September 2015.
(14) The 2015 Regulations continue to apply to the provision of support to students in relation to—
(a) an academic year which begins on or after 1 September 2015 but before 1 September 2017;
(b) a course the first day of the first academic year of which was—
(i) before 1 September 2010; or
(ii) before 1 September 2011 where—
(aa) a person is a 2010 gap year student; or
(bb) the course is an end on course that follows on from a course that the student started before 1 September 2010;
(c) the present course where—
(i) the first day of the first academic year of that course was on or after 1 September 2010 but before 1 September 2011; and
(ii) a person’s 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—
(aa) 1 September 2010; or
(bb) 1 September 2011 and in relation to which the student is a 2010 gap year student.
(15) 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.
(16) Subject to regulation 1(3) these Regulations apply in relation to the provision of support to students in respect of an academic year which begins on or after 1 September 2017 and before 1 August 2018 whether anything done under these Regulations is done before, on or after 1 September 2017.
(1) An eligible student qualifies for support in connection with a designated course subject to and in accordance with these Regulations.
(2) Subject to the following provisions of this regulation, a person is an eligible student in connection with a designated course if, 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—
(a) in paragraph 2, 2A, 3, 4, 4ZA, 4ZB, 4ZC, 6A, 7A, 8A, 9A, 9B, 9BA, 9C, 9D, 10A, 11A or 12A of Part 2 of Schedule 1, or
(b) in paragraph 6, 7, 8, 9, 10, 11 or 12 of Part 2 of Schedule 1 where paragraph (2A) applies.
(2A) This paragraph applies where—
(a) in connection with a designated course, the Welsh Ministers—
(i) in assessing an application for support by a person (“A”) determined that A fell within one of the categories set out in paragraph 6, 7, 8, 9, 10, 11 or 12 of Part 2 of Schedule 1 in relation to an academic year of the course beginning before 1 August 2021; or
(ii) would have so determined had A made an application for support in accordance with these Regulations in relation to an academic year of the course beginning before that date; and
(b) A applies for support in connection with—
(i) that course;
(ii) an end-on course following on from that course; or
(iii) a designated course to which A’s status as an eligible student is transferred or a designated part-time course to which A transfers and in relation to which A’s status is converted to that of an eligible part-time student in accordance with these Regulations.
(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) (Northern Ireland) Order 1990;
(c) there has been bestowed on, or paid to, A in relation to A’s attendance on the course a healthcare bursary, other than a universal healthcare bursary, the amount of which is not calculated by reference to A’s income;
(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) Subject to paragraphs (9) to (11), if a person satisfies the conditions in paragraph (8)(a),(b) or (c) and does not satisfy paragraph (3)(c) the person is an eligible student for the purpose of these Regulations and accordingly, paragraphs (2) , (2A) and (3)(a), (b), (d), (e) and (f) do not apply to the person.
(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 as an eligible student has not terminated;
(b) the—
(i) present course is an end-on course 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; or
(bb) student in connection with a designated course other than the present course; ...
(cc) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii) person’s status as an eligible part-time 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 ... or other designated course from which A’s status as an eligible part-time 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.
(9A) Where—
(a) the Welsh Ministers have determined that, by virtue of being a person granted stateless leave 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 ..., or other designated course from which A’s status as an eligible part-time 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 a person granted stateless leave is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no application for administrative review in accordance with the immigration rules is pending,
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.
(9B) Where—
(a) the Welsh Ministers have determined that, by virtue of being a person granted humanitarian protection under paragraph 339C of the immigration rules 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 ..., or other designated course from which A’s status as an eligible part-time 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 granted humanitarian protection 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.
(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 ... or other designated course from which A’s status as an eligible part-time 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.
(10A) Where—
(a) the Welsh Ministers have determined that by virtue of being a person with section 67 leave to remain or the 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 ..., or other designated course from which A’s status as an eligible part-time 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 a person granted section 67 leave to 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.
(10B) Where—
(a) the Welsh Ministers have determined that by virtue of being a person with Calais leave, 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 or other designated course from which A’s status as an eligible part-time 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 a person granted Calais leave is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted,
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.
(10C) Where—
(a) the Welsh Ministers have determined that by virtue of being a person granted leave to enter or remain as a protected partner or the 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 or other designated course from which A’s status as an eligible part-time 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 a person granted leave to enter or remain as a protected partner is allowed to stay in the United Kingdom has expired and no further leave to enter or 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.
(10D) Where—
(a) the Welsh Ministers have determined that by virtue of being a person with protected rights with limited leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules, a person (“A”) 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 or other designated course from which A’s status as an eligible part-time 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;
(b) as at the day before the academic year in respect of which A is applying for support starts A no longer has extant limited leave to enter or remain granted by virtue of residence scheme immigration rules, and no further leave to enter or remain has been granted under those rules,
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.
(10E) Where—
(a) the Welsh Ministers have determined that, by virtue of—
(i) falling within paragraph (1)(a) ... (iv) or (v) of the definition of “person with protected rights”; or
(ii) meeting the conditions in paragraph 3(1)(a) ... (iv) of Part 2 of Schedule 1,
a person (“A”) is an eligible student in connection with an application for support for an academic year of a designated course or a qualifying student in connection with an academic year of a qualifying course; and
(b) as at the day before the academic year begins, A is not a person with protected rights,
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.
(10F) Where—
(a) the Welsh Ministers have determined that by virtue of being a protected Ukrainian national 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 or other designated course from which A’s status as an eligible part-time 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 granted leave to enter or remain as a protected Ukrainian national is allowed to stay in the United Kingdom has expired and no further leave to enter or remain has been granted,
Aʼs 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), (9A), (9B), (10) and (10A) 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.
(11A) Paragraphs (9), (9A), (9B), (10), (10A), (10B), (10C), (10D), (10E) or (10F) do not apply where, as at the day before the academic year in respect of which A is applying for support starts—
(a) A; or
(b) the person who, as a result of their immigration status, caused A to be an eligible student or a qualifying student,
is a British or Irish citizen.
(12) Subject to paragraph (13), a prisoner who begins the present course on or after 1 September 2012 will not be an eligible student unless—
(a) they are an eligible prisoner;
(b) they are an eligible student who has transferred to the present course on or after 1 September 2012 under regulation 8 from a course beginning before 1 September 2012; or
(c) the present course is an end-on course.
(13) Paragraph (12) does not apply in respect of an academic year during which the student enters or is released from prison.
(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 distance learning course ...;
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) of at least one academic year’s duration;
(e) for a course beginning before 1 September 2017, provided by an institution that was before that date a publicly funded institution (whether alone or in conjunction with an institution situated outside the United Kingdom);
(ea) for a course beginning on or after 1 September 2017, provided by—
(i) a recognised educational institution (whether alone or in conjunction with an institution situated outside the United Kingdom);
(ii) a charity within the meaning given by section 1 of the Charities Act 2011 on behalf of a Welsh regulated institution;
(iii) an institution that was publicly funded before 1 August 2019 on behalf of a protected English provider.
(f) for a course beginning on or after 1 September 2017 substantially provided in the United Kingdom; and
(g) for a course beginning on or after 1 September 2012 which falls within paragraphs 1, 2, 4, 6, 7 or 8 of Schedule 2, a course leading to an award granted or to be granted by a body falling within section 214(2)(a) or (b) of the Education Reform Act 1988 .
(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 a recognised educational institution if either the university or the constituent college or institution is a recognised educational institution;
(c) an institution is not to be regarded as having been publicly funded before 1 August 2019 by reason only that it received public funds before that date from the governing body of a higher education institution in accordance with section 65(3A) of the Further and Higher Education Act 1992;
(d) a course is substantially provided in the United Kingdom where at least half of the teaching and supervision which comprise the course is provided in the United Kingdom.
(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).
(9) The Welsh Ministers may revoke or suspend the designation of a course which is designated under paragraph (8).
(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 ... or regulation 103; 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 62, ... 109, 119 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), an eligible student who has not attended a previous course is only eligible for a new fee grant, fee loan , grant for travel, maintenance grant or a special support grant in respect of the present course for the number of academic years equal to O D + R + 1 .
(9) Despite paragraph (1) and subject to paragraph (11), an eligible student who has attended a previous course is only eligible for a new fee grant, fee loan, grant for travel, maintenance grant or a special support grant in respect of the present course for the number of academic years equal to ( O D + R + 1 ) − P C , except that—
(a) no deduction equivalent to PC applies in the case of a teacher training student or a 2012 accelerated graduate entry student;
(b) in the case of an eligible student who did not successfully complete the latest previous course because of compelling personal reasons—
(i) one additional year is added; and
(ii) a further additional year may be added if the Welsh Ministers consider it appropriate to do so having regard to those reasons; and
(c) in the case of an eligible student to whom paragraph (22) applies, one or more additional years may be added by the Welsh Ministers if they consider it appropriate to do so.
(10) Paragraph (11) applies to—
(a) an eligible student who is on an end-on course;
(b) an eligible student who—
(i) has completed a full-time course listed in paragraph 2 , 3 or 4 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) an eligible student who—
(i) has completed a full-time foundation degree course or ordinary 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.
(11) Despite paragraph (1), an eligible student to whom this paragraph applies is only eligible for a new fee grant, fee loan , grant for travel, maintenance grant or a special support grant in respect of the present course for the number of academic years equal to ( D + X ) − Pr C , except that in the case of an eligible student to whom paragraph (22) applies, one or more additional years may be added by the Welsh Ministers if they consider it appropriate to do so.
(12) In any case where the number of academic years for which a new fee grant, 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.
(13) In this regulation—
(a) D is the greater of 3 and the number of academic years that make up the ordinary duration of the course;
(b) OD is the number of academic years that make up the period ordinarily required for the completion of the present course;
(c) PC is the number of years of attendance by the eligible student on a previous course;
(d) X is 1 where the ordinary duration of the preliminary course was less than three years and where the ordinary duration of the preliminary course (or preliminary courses in total) was three years or more, the ordinary duration minus 1;
(e) 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;
(f) 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;
(g) “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 a full-time course.
(14) 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.
(15) The Welsh Ministers may, at any time, renew or extend the period of eligibility for such further period as they determine.
(16) The Welsh Ministers may confer eligibility to a new fee grant, fee loan or a grant for living costs otherwise than in accordance with paragraphs (8) to (13).
(17) For the purposes of this regulation and subject to the exceptions in paragraphs (19), (20) and (21) 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 ...distance learning course, undertake before the present course and which meets one or both of the conditions in paragraph (18).
(18) The conditions referred to in paragraph (17) are—
(a) the course is provided by an institution in the United Kingdom which was a recognised educational institution 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 ... distance learning course, undertaking the course to defray fees was from public funds or funds attributable to public funds.
(19) 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 a full-time course; and
(c) the student is not a qualified teacher.
(20) 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.
(21) 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.
(22) This paragraph applies where the Welsh Ministers determine that the following conditions are satisfied in relation to an eligible student—
(a) the eligible student has provided all information required by the Welsh Ministers in relation to a previous course attended or undertaken by the student and any qualifications which are held by the student;
(b) that information is accurate; and
(c) the Welsh Ministers have incorrectly provided notification of the eligible student’s period of eligibility under this regulation.
(1) Subject to paragraphs (3), (4), (6) and (7) an eligible student who has attained an honours degree from an institution in the United Kingdom does not qualify for a new fee grant or a fee loan.
(2) Subject to paragraphs (4), (5) and (7) 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 a full-time course; 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 under a healthcare bursary the amount of which is calculated by reference to the student’s income; or
(c) the present course is a course for the initial training of teachers which is a full-time course.
(6) Paragraph (1) does not apply to an eligible student attending a designated course which is an accelerated graduate entry course.
(7) Paragraphs (1) and (2) do not apply where the Welsh Ministers determine that the following conditions are satisfied in relation to an eligible student—
(a) the eligible student has provided all information required by the Welsh Ministers relating to an honours degree previously attained by the student from an institution in the United Kingdom;
(b) that information is accurate; and
(c) the Welsh Ministers have incorrectly provided notification that the eligible student qualifies for a fee grant, new fee grant, fee loan or a loan for living costs in accordance with these Regulations.
(8) Where paragraph (7) applies an eligible student may qualify for a new fee grant, fee loan or a loan for living costs in accordance with paragraphs (9) to (11).
(9) Subject to paragraph (11), if the Welsh Ministers make the determination under paragraph (7) before the first day of the first academic year of the present course then the eligible student may qualify for a new fee grant, fee loan or a loan for living costs in respect of the first academic year of the present course.
(10) Subject to paragraph (11), if the Welsh Ministers make the determination under paragraph (7) on or after the first day of the first academic year of the present course then the eligible student may qualify for a new fee grant, fee loan or a loan for living costs in respect of—
(a) the academic year of the present course during which the Welsh Ministers make the determination; and
(b) an academic year of the present course which the student has completed prior to the Welsh Ministers making the determination.
(11) An eligible student subject to a determination under paragraph (7) may qualify for a new fee grant, fee loan or a loan for living costs otherwise than in accordance with paragraphs (9) and (10), where the Welsh Ministers consider this to be appropriate as a result of the exceptional circumstances of a particular case.
(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 18 or a new fee loan under regulation 19 or a loan for living costs under regulation 41 or a college fee loan under Schedule 4 or is applying for an additional amount of fee loan under regulation 18(4), an additional amount of new fee loan under regulation 19(7), an additional amount of fee loan under regulation 20(7) or an additional amount of loan for living costs under regulation 53(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 loan for living costs under regulation 53(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 24, in which case the application must reach the Welsh Ministers as soon as is reasonably practicable;
(e) the applicant is making a separate application for a new private institution fee loan or an accelerated graduate entry fee loan, or an additional amount of a new private institution fee loan under regulation 21(7), or an additional amount of an accelerated graduate entry fee loan under regulation 22(6), 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;
(f) 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.
(1) 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.
(2) The Welsh Ministers may require an eligible student to sign a contract by means of an electronic signature in such form as the Welsh Ministers may specify.
(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.
(5) Subject to paragraph (5A), An eligible student who is undertaking a distance learning course does not qualify for any fee support under this Part in respect of that course unless the Welsh Ministers consider that the student is undertaking the course in Wales on the first day of the first academic year.
(5A) Paragraph (5) does not apply where—
(a) the student (“S”) or a close relative of S is a member of the armed forces,
(b) S is not undertaking the course in Wales on the first day of the first academic year, and
(c) S is not undertaking the course in Wales on that day because S or the close relative is serving as a member of the armed forces outside Wales.
(6) An eligible student who is undertaking a distance learning course will no longer qualify for any fee support under this Part in respect of that course if the Welsh Ministers consider that the student is undertaking the course outside the United Kingdom.
(7) But paragraph (6) does not apply where the student is undertaking the course outside the United Kingdom because the student or a close relative of the student is serving as a member of the armed forces.
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, becomes a person granted stateless leave, becomes a person with leave to enter or remain or becomes a person granted humanitarian protection under paragraph 339C of the immigration rules;
(ba) the student or the student’s parent becomes a person with section 67 leave to remain or a person granted leave to enter or remain as a protected partner ;
(bb) the student becomes a person with Calais leave;
(bc) the student becomes a protected Ukrainian national or the spouse, civil partner, child or step-child of such a person ;
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) the student becomes a family member described in paragraph 9A(1)(a), 9C(1)(a) or 9D(1)(a) of Schedule 1;
(e) the student becomes a person described in paragraph 2(1)(a), 2A(1)(a) or 3(1)(a) of Schedule 1;
(f) where regulation 4(2A)(a) applies, the student becomes a person described in paragraph 12(a) of Schedule 1;
(g) the student becomes a person described in paragraph 6A(1)(a) of Schedule 1 or, where regulation 4(2A)(a) applies, in paragraph 6(1)(a) of Schedule 1; ...
(h) the student becomes a person described in paragraph 11A(a) of Schedule 1 or, where regulation 4(2A)(a) applies, in paragraph 11(1)(a) of Schedule 1; or
(i) the student becomes a person described in paragraph 9B(1)(a)(ii) of Schedule 1.
(1) Subject to paragraph (2), an eligible student who is a 2012 cohort student qualifies in accordance with this regulation for a new fee grant in respect of, or otherwise in connection with, the 2012 cohort student’s attendance on a designated course provided by a body listed in regulation 5(1)(e) or (ea) .
(2) A new fee grant is not available in respect of an academic year if that year is—
(a) a bursary year;
(b) an Erasmus year of a course provided by an institution in Northern Ireland; or
(c) an Erasmus year of a course provided by an institution in England, Scotland or Wales where the course began before 1 September 2012.
(3) The maximum amount of new fee grant available under this regulation to a 2012 cohort student in respect of an academic year of a designated course where none of the circumstances in paragraphs (7), (8), (9) or (10) applies is the lesser of—
(a) £4,175 ; or
(b) the amount by which the fees payable by the applicant exceed £4,825 .
(4) The maximum amount of new fee grant available under this regulation to a 2012 cohort student in respect of an academic year of a designated course where one of the circumstances in paragraph (7) or (8) applies is the lesser of—
(a) £2,150 ; or
(b) the amount by which the fees payable by the applicant exceed £2,350 .
(5) The maximum amount of new fee grant available under this regulation to a 2012 cohort student in respect of an academic year of a designated course where paragraph (9) applies is the lesser of—
(a) £900; or
(b) the amount by which the fees payable by the applicant exceed £900.
(6) The maximum amount of new fee grant available under this regulation to a 2012 cohort student in respect of an academic year of a designated course where paragraph (10) applies is the lesser of—
(a) £675; or
(b) the amount by which the fees payable by the applicant exceed £675.
(7) This paragraph applies where—
(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 an academic year of a sandwich course beginning before 1 September 2012—
(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 an academic year of a course beginning before 1 September 2012 provided in conjunction with an overseas institution—
(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.
(8) This paragraph applies—
(a) in respect of an academic year of a sandwich course provided by an institution in Scotland or Northern Ireland which began on or after 1 September 2012 and—
(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; or
(b) in respect of an academic year of a course provided by an institution in Scotland or Northern Ireland in conjunction with an overseas institution which began on or after 1 September 2012 and—
(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.
(9) This paragraph applies in respect of an academic year of a sandwich course provided by an institution in England or Wales which began on or after 1 September 2012 and—
(a) during which any periods of full-time study are in aggregate less than 10 weeks; or
(b) 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.
(10) This paragraph applies—
(a) in respect of an academic year of a course provided by an institution in England or Wales in conjunction with an overseas institution which began on or after 1 September 2012 and;
(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; or
(b) in respect of an Erasmus year of a course provided by an institution in England, Scotland or Wales which began on or after 1 September 2012.
(11) For the purpose of this regulation a course is to be treated as being provided by or on behalf of a recognised educational institution where—
(a) an institution was a recognised educational institution on the first day of the first academic year of a course;
(b) that institution has ceased to be a recognised educational institution; and
(c) the Welsh Ministers have designated that course under regulation 5(8).
(1) An eligible student qualifies for 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 loan in respect of an academic year if that year is—
(a) a bursary year;
(b) an Erasmus year of a course provided by an institution in Northern Ireland; or
(c) an Erasmus year of a course provided by an institution in England, Scotland or Wales where the course began before 1 September 2012.
(3) Paragraph (2) does not apply in relation to an accelerated graduate entry course.
(1) An eligible student qualifies in accordance with this regulation for a loan in respect of the fees payable by the eligible student in respect of, or otherwise in connection with the eligible student’s attendance on a designated course which began before 1 September 2012.
(2) Unless paragraph (3) applies, the amount of a fee loan in respect of an academic year of a designated course must not exceed the lesser of—
(a) £3,465 or, where one of the circumstances in regulation 16(7) applies, £1,725; and
(b) the fees payable by the student in respect of, or otherwise in connection with, that year.
(3) Where an eligible student qualifies for a fee loan under this regulation in respect of a designated course provided by an institution in Northern Ireland, the amount of fee loan in respect of an academic year of the designated course must not exceed the lesser of—
(a) £4,030 or, where one of the circumstances in regulation 16(7) applies, £2,005; and
(b) the fees payable by the student in respect of, or otherwise in connection with, that year.
(4) Where an eligible student has applied for a fee loan of less than the maximum amount available in relation to an academic year, the 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 eligible student’s case.
(5) This regulation does not apply in relation to a student if the student qualifies for a fee grant and the course is a qualifying designated course.
(6) This regulation does not apply to an eligible student who is a 2012 cohort student.
(7) This regulation does not apply to an eligible student who is a 2012 accelerated graduate entry student.
(1) An eligible student who is a 2012 cohort student qualifies in accordance with this regulation for a new fee loan in respect of, or otherwise in connection with, the 2012 cohort student’s attendance on a designated course provided by a body listed in regulation 5(1)(e) or (ea) .
(2) A new fee loan is not available in respect of an academic year if that year is—
(a) a bursary year;
(b) an Erasmus year of a course provided by an institution in Northern Ireland; or
(c) an Erasmus year of a course provided by an institution in England, Scotland or Wales where the course began before 1 September 2012.
(3) The maximum amount of new fee loan available under this regulation to a 2012 cohort student in respect of an academic year of a designated course where none of the circumstances in regulations 16(7), 16(8), 16(9) or 16(10) applies is the lesser of—
(a) £4,825 ; and
(b) the fees payable by the student in respect of, or otherwise in connection with, that year.
(4) The maximum amount of new fee loan available under this regulation to a 2012 cohort student in respect of an academic year of a designated course where one of the circumstances in regulation 16(7) or 16(8) applies is the lesser of—
(a) £2,350 ; and
(b) the fees payable by the student in respect of, or otherwise in connection with, that year.
(5) The maximum amount of new fee loan available under this regulation to a 2012 cohort student in respect of an academic year of a designated course where regulation 16(9) applies is the lesser of—
(a) £900; and
(b) the fees payable by the student in respect of, or otherwise in connection with, that year.
(6) The maximum amount of new fee loan available under this regulation to a 2012 cohort student in respect of an academic year of a designated course where regulation 16(10) applies is the lesser of—
(a) £675; and
(b) the fees payable by the student in respect of, or otherwise in connection with, that year.
(7) Where a 2012 cohort student has applied for a new fee loan of less than the maximum amount available in relation to an academic year, the 2012 cohort student may apply to borrow an additional amount which, when added to the amount already applied for, does not exceed that maximum.
(8) This regulation does not apply to a 2012 cohort student who qualifies for a new private institution fee loan.
(9) For the purpose of this regulation a course is to be treated as being provided by or on behalf of a recognised educational institution where—
(a) an institution was a recognised educational institution on the first day of the first academic year of that course;
(b) that institution has ceased to be a recognised educational institution; and
(c) the Welsh Ministers have designated that course under regulation 5(8).
(1) An eligible student who is a 2012 cohort student qualifies in accordance with this regulation for an additional fee loan in respect of, or otherwise in connection with, the 2012 cohort student’s attendance on a designated course provided by a body listed in regulation 5(1)(e) or (ea) .
(2) An additional fee loan is available in respect of a designated course where the fees payable by the student in respect of or otherwise in connection with that year exceed the amount specified in paragraph (3) (b), (4)(b), (5)(b) or (6)(b) as the case may be.
(3) The maximum amount of additional fee loan available under this regulation to a 2012 cohort student in respect of an academic year of a designated course where none of the circumstances in regulation 16(7), 16(8), 16(9) or 16(10) apply is the lesser of—
(a) £535 ; and
(b) the amount by which the fees payable by the student exceed £9,000.
(4) The maximum amount of additional fee loan available under this regulation to a 2012 cohort student in respect of an academic year of a designated course where one of the circumstances in regulation 16(7) or 16(8) applies is the lesser of—
(a) £265 ; and
(b) the amount by which the fees payable by the student exceed £4,500.
(5) The maximum amount of additional fee loan available under this regulation to a 2012 cohort student in respect of an academic year of a designated course where one of the circumstances in regulation 16(9) applies is the lesser of—
(a) £105 ; and
(b) the amount by which the fees payable by the student exceed £1,800 .
(6) The maximum amount of additional fee loan available under this regulation to a 2012 cohort student in respect of an academic year of a designated course where one of the circumstances in regulation 16(10) applies is the lesser of—
(a) £80 ; and
(b) the amount by which the fees payable by the student exceed £1,350 .
(7) Where a 2012 cohort student has applied for an additional fee loan of less than the maximum amount available in relation to an academic year, the 2012 cohort student may apply to borrow an additional amount which, when added to the amount already applied for, does not exceed that maximum.
(8) This regulation does not apply to a 2012 cohort student who qualifies for a new private institution fee loan.
(9) For the purpose of this regulation a course is to be treated as being provided by or on behalf of a recognised educational institution where—
(a) an institution was a recognised educational institution on the first day of the first academic year of that course;
(b) that institution has ceased to be a recognised educational institution; and
(c) the Welsh Ministers have designated that course under regulation 5(8).
(1) An eligible student who is a 2012 cohort student qualifies in accordance with this regulation for a new private institution fee loan in respect of, or otherwise in connection with, the 2012 cohort student’s attendance on a designated course provided by a private institution.
(2) A new private institution fee loan is not available in respect of an academic year if that year is—
(a) a bursary year;
(b) an Erasmus year of a course provided by an institution in Northern Ireland; or
(c) an Erasmus year of a course provided by an institution in England, Scotland or Wales where the course began before 1 September 2012.
(3) The maximum amount of new private institution fee loan available under this regulation to a 2012 cohort student in respect of an academic year of a designated course provided by a private institution where none of the circumstances in regulation 16(7), 16(8), 16(9) or 16(10) applies is the lesser of—
(a) £6,355 ; and
(b) the fees payable by the student in respect of, or otherwise in connection with, that year.
(4) The maximum amount of new private institution fee loan available under this regulation to a 2012 cohort student in respect of an academic year of a designated course provided by a private institution where one of the circumstances in regulation 16(7) or 16(8) applies is the lesser of—
(a) £3,175 ; and
(b) the fees payable by the student in respect of, or otherwise in connection with, that year.
(5) The maximum amount of new private institution fee loan available under this regulation to a 2012 cohort student in respect of an academic year of a designated course provided by a private institution where regulation 16(9) applies is the lesser of—
(a) £1,270 ; and
(b) the fees payable by the student in respect of, or otherwise in connection with, that year.
(6) The maximum amount of new private institution fee loan available under this regulation to a 2012 cohort student in respect of an academic year of a designated course provided by a private institution where regulation 16(10) applies is the lesser of—
(a) £950 ; and
(b) the fees payable by the student in respect of, or otherwise in connection with, that year.
(7) Where an eligible student has applied for a new private institution fee loan of less than the maximum amount available in relation to an academic year, the eligible student may apply to borrow an additional amount which, when added to the amount already applied for, does not exceed that maximum.
(8) A new private institution fee loan is not available in respect of an eligible student’s attendance on a course where that course is provided on behalf of a recognised educational institution by a body in regulation 5(1)(e)(ii) or (iii).
(1) A 2012 accelerated graduate entry student qualifies in respect of, or otherwise in accordance with, the 2012 accelerated graduate entry student’s attendance on a designated course which is an accelerated graduate entry course for an accelerated graduate entry fee loan and an additional accelerated graduate fee loan in accordance with this regulation.
(2) An accelerated graduate entry fee loan and an additional accelerated graduate entry fee loan are not available in respect of an academic year which is an Erasmus year.
(3) An additional accelerated graduate entry fee loan is only available in respect of a designated course which is an accelerated graduate entry course where the fees payable by the student in respect of, or otherwise in connection with, that year exceed £5,785 .
(4) The amount of an accelerated graduate entry fee loan in respect of an academic year of a designated course which is an accelerated graduate entry course must not exceed the lesser of—
(a) £5,785 ; or
(b) the amount by which the fees payable by the 2012 accelerated graduate entry student exceed £3,465.
(5) The amount of an additional accelerated graduate entry fee loan in respect of an academic year of a designated course which is an accelerated graduate entry course must not exceed the lesser of—
(a) £285 ; or
(b) the amount by which the fees payable by the student exceed £5,785 .
(6) Where a 2012 accelerated graduate entry student has applied for an accelerated graduate entry fee loan or an additional accelerated graduate entry fee loan of less than the maximum amount available in relation to an academic year, the 2012 accelerated graduate entry student may apply to borrow an additional amount which, when added to the amount already applied for, does not exceed that maximum.
(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 or paragraphs in Part 2 of Schedule 1 into which the eligible student falls is one or more of paragraphs 2A, 9, 9A, 9BA, 9C or 9D.
(3) An eligible student does not qualify for a grant under this Part in respect of an academic year which is a bursary year.
(4) Subject to paragraph (5), a 2012 accelerated graduate entry student does not qualify for a grant under this Part.
(5) Paragraph (4) does not apply for the purposes of regulations 24 to 30, to a 2012 accelerated graduate entry student who is undertaking their first year of study on an accelerated graduate entry course.
(6) 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.
(7) For the purposes of paragraph (6), “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 Special Health Authority established pursuant to section 28 of the National Health Service Act 2006 ;
(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 ;
(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 ;
(v) NHS England, the body corporate established under section 1H of the National Health Service Act 2006 or an integrated care board established under Chapter A3 of Part 2 of that Act ; or
(vi) the National Institute for Health and Care Excellence established under section 232 of the Health and Social Care Act 2012 ....
(8) Subject to paragraph (9), an eligible student does not qualify for a grant under regulations 35 to 40 in respect of an academic year of a designated course if the student does not qualify for relevant support in respect of that academic year.
(9) Paragraph (8) 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 that academic year is an Erasmus year in accordance with regulation 17(2).
(10) In paragraph (8) “relevant support” (“ cymorth perthnasol ”) means, in the case of a grant under regulations 35 to 40, a fee loan.
(11) Where one of the events listed in paragraph (12) occurs in the course of an academic year, a student may qualify for a particular grant in accordance with this Part in respect of 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.
(12) 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, becomes a person granted stateless leave, becomes a person with leave to enter or remain or becomes a person granted humanitarian protection under paragraph 339C of the immigration rules;
(ba) the student or the student’s parent becomes a person with section 67 leave to remain or a person granted leave to enter or remain as a protected partner ;
(bb) the student becomes a person with Calais leave;
(bc) the student becomes a protected Ukrainian national or the spouse, civil partner, child or step-child of such a person ;
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) the student becomes a person described in paragraph 2(1)(a) or 3(1)(a) of Schedule 1;
(e) where regulation 4(2A)(a) applies, the student becomes a person described in paragraph 12(a) of Schedule 1;
(f) the student becomes a person described in paragraph 6A(1)(a) of Schedule 1 or, where regulation 4(2A)(a) applies, in paragraph 6(1)(a) of Schedule 1; ...
(g) the student becomes a person described in paragraph 11A(a) of Schedule 1 or, where regulation 4(2A)(a) applies, in paragraph 11(1)(a) of Schedule 1; or
(h) the student becomes a person described in paragraph 9B(1)(a)(ii) of Schedule 1.
(13) Subject to paragraph (14), an eligible student does not qualify for a grant under this Part if the eligible student is a prisoner.
(14) Paragraph (13) does not apply in respect of a grant for disabled students’ living costs which is payable in connection with a designated course beginning before 1 September 2012.
(15) 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.
(16) Paragraph (15) 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.
(17) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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 by reason of a disability to which the student is subject in connection with the eligible student’s attendance on, or undertaking of a designated course.
(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) The amount of the grant for disabled students’ living costs must not exceed—
(a) £34,000 in respect of an academic year for expenditure on a non-medical personal helper, major items of specialist equipment and any other expenditure the eligible student incurs in connection with the course by reason of the student’s disability (apart from the expenditure specified in sub-paragraph (b)); and
(b) the additional expenditure incurred—
(i) within the United Kingdom for the purpose of attending the institution; and
(ii) within or outside the United Kingdom for the purpose of attending, as part of the eligible student’s course, any period of study at an overseas institution or for the purpose of attending the Institute.
(4) Subject to paragraph (4A), an eligible student does not qualify for a grant for disabled students’ living costs under this regulation in respect of a distance learning course unless the Welsh Ministers consider that the student is undertaking the course in Wales on the first day of the first academic year.
(4A) Paragraph (4) does not apply where—
(a) the student (“S”) or a close relative of S is a member of the armed forces,
(b) S is not undertaking the course in Wales on the first day of the first academic year, and
(c) S is not undertaking the course in Wales on that day because S or the close relative is serving as a member of the armed forces outside Wales.
(5) An eligible student who is undertaking a distance learning course will no longer qualify for a grant for disabled students’ living costs under this regulation in respect of that course if the Welsh Ministers consider that the student is undertaking the course outside the United Kingdom.
(5A) But paragraph (5) does not apply where the student is undertaking the course outside the United Kingdom because the student or a close relative of the student is serving as a member of the armed forces.
(6) Subject to paragraph (8) , a grant for disabled students’ living costs is payable to an eligible student in respect of the four quarters of the academic year.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) Where one of the events listed in regulation 23(12) occurs in the course of an academic year, an eligible student may only qualify for a grant for disabled students’ living costs for the purposes specified in paragraph (3)(a) and (b) in respect of the academic year from the date that the relevant event listed in regulation 23(12) occurs .
(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 26 to 29.
(3) A deduction may be made from any element of the grants for dependants in accordance with regulation 56.
(1) An eligible student qualifies for an adult dependants’ grant in connection with the eligible student’s attendance on or undertaking of 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 for the relevant year does not exceed £3,923.
(3) The amount of adult dependants’ grant payable in respect of an academic year is calculated in accordance with regulation 29, the basic amount being—
(a) £3,407 ; 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 £3,407 as the Welsh Ministers consider reasonable in the circumstances.
(1) An eligible student qualifies, in connection with the eligible student’s attendance on or undertaking of a designated course, for a childcare grant in accordance with this regulation.
(2) Subject to paragraphs (3), (5) and (6), 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, including a dependent child who is born after 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, including a dependent child who is born after the beginning of the academic year.
(3) An eligible student does not qualify for a grant under this regulation if—
(a) 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 ;
(b) the eligible student or the eligible student’s partner is entitled to an award of universal credit which includes an amount under regulation 31 of the Universal Credit Regulations 2013 (childcare costs element) ; or
(c) the eligible student’s partner has elected to receive financial support for childcare under a healthcare bursary.
(4) In these Regulations, “entitlement period” and “valid declaration of eligibility” have the same meaning as they have for the purposes of the Childcare Payments Act 2014 and regulations made under that Act.
(5) An eligible student does not qualify for a grant under this regulation during any entitlement period for which an eligible student or an eligible student’s partner has made a valid declaration of eligibility under the Childcare Payments Act 2014 in relation to any child.
(6) 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.
(7) Subject to paragraphs (8), (9) and (10) 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 £192 per week; or
(b) for two or more dependent children, 85 per cent of the prescribed childcare charges, subject to a maximum amount of £329 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.
(8) 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 (7) by the number of days of that week falling within the academic year and dividing the product by seven.
(9) Where an eligible student’s application for a childcare grant does not identify a childcare provider, the Welsh Ministers may—
(a) limit the amount of childcare grant paid to the student to 85 per cent of the prescribed childcare charges up to a maximum amount of £147 per week; and
(b) limit the payment of the childcare grant to one quarter of the academic year.
(10) Subject to paragraph (11), a childcare grant is payable to an eligible student in respect of the four quarters of the academic year.
(11) Where one of the events listed in regulation 23(12) occurs in the course of an academic year, an eligible student may only qualify for a childcare grant in respect of such quarters as begin after the relevant event occurs.
(1) An eligible student qualifies in connection with the student’s attendance on or undertaking of 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 29, the basic amount being £1,945 .
(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 26 to 28 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 26;
(b) to reduce the basic amount of the childcare grant for the academic year where the eligible student qualifies for that element under regulation 27; and
(c) to reduce the basic amount of the parents’ learning allowance where the eligible student qualifies for that element under regulation 28.
(2) In this regulation and subject to paragraph (11)—
A is the aggregate of—
(a) the residual income of the eligible student’s partner for the prior financial year;
(b) the residual income of the eligible student’s adult dependant for the prior financial year; and
(c) subject to paragraphs (3), (4) and (5), the net income of the eligible student’s dependent children for the prior financial year; and
B is—
(a) £1,211 where the eligible student has no dependent child;
(b) £3,628 where the eligible student is not a lone parent and has one dependent child;
(c) £4,839 where the eligible student—
(i) is not a lone parent and has more than one dependent child; or
(ii) is a lone parent and has one dependent child; and
(d) £6,056 where the eligible student is a lone parent and has more than one dependent child.
(3) Where the Welsh Ministers are satisfied that the net income of the eligible student’s dependent children in the financial year beginning immediately before the relevant year (“the current financial year”) is likely to be not more than 85 per cent of the sterling value of their net income in the prior financial year the Welsh Ministers may, for the purpose of enabling the eligible student to attend the course without hardship, ascertain the dependent children’s net income for the current financial year.
(4) In the event that paragraph (3) or this paragraph is applied in respect of the previous academic year of the present course and the Welsh Ministers are satisfied that the net income of the eligible student’s dependent children in the financial year beginning immediately before the relevant year (“the current financial year”) is likely to be not more than 85 per cent of the sterling value of their net income in the previous financial year the Welsh Ministers may, for the purposes of enabling the eligible student to attend the course without hardship, ascertain the dependent children’s net income for the current financial year.
(5) In an academic year immediately following one in which the Welsh Ministers have ascertained the eligible student’s dependent children’s net income for the current financial year under paragraph (3), or where applicable under paragraph (4), the Welsh Ministers must ascertain the dependent children’s net income in the preceding financial year.
(6) Subject to paragraphs (8), (9) and (16), 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.
(7) 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.
(8) 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.
(9) 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.
(10) 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.
(11) Paragraphs (12) to (15) 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 23(12).
(12) 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.
(13) 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 (14) and the amount of any childcare grant for the academic year.
(14) 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 (12) applied for the duration of the academic year.
(15) In this regulation, a “relevant quarter” (“ chwarter perthnasol ”) means—
(a) in the case of an eligible student referred to in paragraph (11)(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.
(16) 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 26 to 29—
(a) subject to paragraph (5), “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) “financial year” (“ blwyddyn ariannol ”) means the period of twelve months in respect of which the income of a dependant (whose income is calculated under regulations 26 to 29) is computed for the purposes of the income tax legislation which applies to it;
(g) “lone parent” (“ rhiant unigol ”) means an eligible student who does not have a partner and who has a dependent child;
(h) “Member State” (“ Aelod-wladwriaeth ”) means a Member State of the European Union;
(i) “net income” (“ incwm net ”) has the meaning given in paragraph (7);
(j) subject to sub-paragraphs (p), (q), (r) and paragraphs (3) and (4), “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;
(k) “preceding financial year” (“ blwyddyn ariannol flaenorol ”) means the financial year immediately preceding the relevant year;
(l) “prior financial year” (“ blwyddyn ariannol gynharach ”) means the financial year immediately preceding the preceding financial year;
(m) “relevant year” (“ blwyddyn berthnasol ”) means the academic year of the present course in respect of which the eligible student’s dependant’s income falls to be assessed;
(n) “residual income” (“ incwm gweddilliol ”) means taxable income after the application of paragraph (10) (in the case of an eligible student’s partner) or paragraph (11) (in the case of an eligible student’s adult dependant);
(o) “taxable income” (“ incwm trethadwy ”) means, in respect of the prior financial year—
(i) the total income on which a person is charged to income tax as determined at Step 1 of the calculation in section 23 of the Income Tax Act 2007 , together with any payments and other benefits mentioned in section 401(1) of the Income Tax (Earnings and Pensions) Act 2003 (ignoring section 401(2) of that Act), received or treated as received by a person, to the extent that they are not a component of the total income on which a person is charged to income tax;
(ii) a person’s total income from all sources as determined for the purposes of the income tax legislation of a Member State which applies to the person’s income; or
(iii) where the legislation of—
(aa) the United Kingdom and one or more Member State; or
(bb) more than one Member State,
applies to the period, a person’s total income from all sources as determined for the purposes of the income tax legislation under which the Welsh Ministers consider that a person’s total income in that period is greatest,
except that no account is taken of the income referred to in paragraph (2) which is paid to another party ;
(p) unless otherwise indicated, a person who would otherwise be a partner under sub-paragraph (j) 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;
(q) 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 (j) 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;
(r) 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 (j) 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) The income referred to in this paragraph is any benefits under a pension arrangement pursuant to an order made under section 23 of the Matrimonial Causes Act 1973 which includes provision made by virtue of sections 25B(4) and 25E(3) of that Act or pension benefits under Part 1 of Schedule 5 to the Civil Partnership Act 2004 which includes provision made by virtue of Parts 6 and 7 of that Schedule.
(3) For the purposes of regulation 27 —
(a) paragraph (1)(p) does not apply; and
(b) a person is to be treated as a partner if the person would be a partner under paragraph (1)(j) 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.
(4) 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.
(5) Subject to paragraph (6), 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.
(6) The Welsh Ministers must not treat an adult person (“A”) as dependent on an eligible student in accordance with paragraph (5), 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.
(7) A dependant’s net income is the dependant’s income from all sources (for the relevant year for the purposes of regulation 26(2)(b) and for the prior financial year for the purposes of regulation 29(2)) 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 or section 81 of the Social Services and Well-being (Wales) Act 2014 ;
(f) any payment made to the dependant under section 110(6) of the Social Services and Well-being (Wales) Act 2014 or, as the case may be 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 , or section 104 of the Social Services and Well-being (Wales) Act 2014 in so far as that section applies to category 5 and 6 young persons within the meaning of that Act;
(h) any child tax credit to which the dependant is entitled under Part I of the Tax Credits Act 2002 ; and
(i) in the case of a dependant who is entitled to an award of universal credit—
(i) any amount that is included in the calculation of the award under regulation 27(1) of the Universal Credit Regulations 2013, in respect of the fact that the dependant has limited capability for work or limited capability for work and work related activity; and
(ii) any amount or additional amount that is included in the calculation of the award under regulation 20 of those Regulations (the child element).
(8) 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 residual income is 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.
(9) For the purposes of paragraph (7), 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.
(10) An eligible student’s partner’s residual income is determined in accordance with paragraph 6 of Schedule 5.
(11) An eligible student’s adult dependant’s residual income is determined in accordance with paragraph 5 of Schedule 5 (other than sub-paragraphs (8), (9) or (10) of paragraph 5) with references to the parent being construed as references to the eligible student’s adult dependant.
For the purposes of regulations 32 to 34—
(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 24;
(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.
(3) Subject to paragraph (4), a grant under this regulation is payable to an eligible student in respect of the four quarters of the academic year.
(4) Where one of the events listed in regulation 23(12) occurs in the course of an academic year, an eligible student may only qualify for a grant under this regulation in respect of such quarters as begin after the relevant event occurs.
(1) The amount of grant payable under regulation 32(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 32(2) in respect of an academic year is calculated as follows—
( Y − £ 303 ) + Y 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 32.
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 32 and 33 in accordance with Part 9.
(1) An eligible student who is a 2010 cohort student or a 2012 cohort student qualifies in accordance with regulation 36 for a maintenance grant for living costs in connection with that eligible student’s attendance on a designated course.
(2) An eligible student who is a 2011 cohort student qualifies in accordance with regulation 37 for a maintenance grant for living costs in connection with that eligible student’s attendance on a designated course.
(3) An eligible student does not qualify for a maintenance grant if that eligible student qualifies for a special support grant.
(4) Subject to paragraph (5), a maintenance grant for living costs is payable to an eligible student in respect of the four quarters of the academic year.
(5) Where one of the events listed in regulation 23(12) occurs in the course of an academic year, an eligible student may only qualify for a maintenance grant for living costs in respect of such quarters as begin after the relevant event occurs.
(1) The maximum amount of maintenance grant available to an eligible student who is a 2010 cohort student or a 2012 cohort student in respect of an academic year is £5,161.
(2) An eligible student who is a 2010 cohort student or a 2012 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 £5,161;
(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 £5,161 and A is £1 for every £3.653 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 R M − A , where RM is £2,936 and A is £1 for every £4.18 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 S M − A , where SM is £1,142 and A is £1 for every £14.67 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 maintenance grant is payable.
(1) The maximum amount of maintenance grant available to an eligible student who is a 2011 cohort student in respect of an academic year is £5,780.
(2) An 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 £5,780;
(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 £5,780 and A is £1 for every £3.653 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 R M − A , where RM is £3,555 and A is £1 for every £4.18 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 S M − A , where SM is £1,761 and A is £1 for every £9.36 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) An eligible student who is a 2010 cohort student or a 2012 cohort student qualifies in accordance with regulation 39 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) An eligible student who is a 2011 cohort student qualifies in accordance with regulation 40for 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.
(3) An eligible student qualifies for a special support grant if that eligible student—
(a) falls within a prescribed category of person for the purposes of section 124(1)(e) of the Social Security Contributions and Benefits Act 1992 ;
(b) is treated as being liable to make payments in respect of a dwelling prescribed by regulations made under section 130(2) of that Act ; or
(c) is liable, or treated as being liable to make payments in respect of the accommodation they occupy as their home under regulation 25(3) of the Universal Credit Regulations 2013.
(4) Subject to paragraph (5), a special support grant is payable to an eligible student in respect of the four quarters of the academic year.
(5) Where one of the events listed in regulation 23(12) occurs in the course of an academic year, an eligible student may only qualify for a special support grant in respect of such quarters as begin after the relevant event occurs.
(1) The maximum amount of special support grant available to an eligible student who is a 2010 cohort student or a 2012 cohort student in respect of an academic year is £5,161.
(2) An eligible student who is a 2010 cohort student or a 2012 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 £5,161;
(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 £5,161 and A is £1 for every £3.653 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 R M − A , where RM is £2,936 and A is £1 for every £4.18 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 S M − A , where SM is £1,142 and A is £1 for every £14.67 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) The maximum amount of special support grant available to an eligible student who is a 2011 cohort student in respect of an academic year is £5,780.
(2) An 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 £5,780;
(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 £5,780 and A is £1 for every £3.653 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 R M − A , where RM is £3,555 and A is £1 for every £4.18 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 S M − A , where SM is £1,761 and A is £1 for every £9.36 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) 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 or paragraphs in Part 2 of Schedule 1 into which the eligible student falls is one or more of paragraphs 2A, 9, 9A, 9BA, 9C or 9D.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) An eligible student to whom this paragraph applies is treated as being in attendance on the designated course for the purpose of qualifying for a loan for living costs.
(6) Paragraph (5) 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.
(7) An eligible student does not qualify for a loan for living costs under this Part if the eligible student is a prisoner.
(8) An eligible student does not qualify for a loan for living costs under this Part if the eligible student is undertaking a distance learning course.
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 eligible student with full entitlement who is a 2010 cohort student, a 2012 cohort student or a 2012 accelerated graduate entry student who is undertaking their first year of study, in accordance with regulation 43;
(b) where the eligible student is an eligible student with full entitlement who is a 2011 cohort student, in accordance with regulation 44;
(c) where the eligible student is a student with reduced entitlement, in accordance with regulation 45.
(1) This regulation applies to an eligible student with full entitlement who is a 2010 cohort student, a 2012 cohort student or a 2012 accelerated graduate entry student ....
(2) Subject to regulations 46 to 51, 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, £5,358 for a 2010 cohort student, otherwise £6,438 ;
category 2, £9,697 for a 2010 cohort student, otherwise £11,650 ;
category 3, £8,253 for a 2010 cohort student, otherwise £9,917 ;
category 4, £8,253 for a 2010 cohort student, otherwise £9,917 ;
category 5, £6,922 for a 2010 cohort student, otherwise £8,317 ;
Y is the maintenance grant amount.
(3) Subject to regulations 46 to 51, 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, £4,851 for a 2010 cohort student, otherwise £5,830 ;
category 2, £8,830 for a 2010 cohort student, otherwise £10,609 ;
category 3, £7,179 for a 2010 cohort student, otherwise £8,625 ;
category 4, £7,179 for a 2010 cohort student, otherwise £8,625 ;
category 5, £6,412 for a 2010 cohort student, otherwise £7,705 ;
Y is the maintenance grant amount.
(4) In this regulation, “the maintenance grant amount” (“ swm y grant cynhaliaeth ”) is—
(a) where the eligible student referred to in paragraph (1) qualifies under regulation 36 for an amount of maintenance grant, the amount that is equal to £0.50 for every £1 of maintenance grant for which that student qualifies, up to a maximum value for Y of £2,580;
(b) where no maintenance grant is payable under regulation 36, nil.
(1) This regulation applies to an eligible student with full entitlement who is a 2011 cohort student.
(2) Subject to regulations 46 to 51, 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, £5,358;
category 2, £9,697;
category 3, £8,253;
category 4, £8,253;
category 5, £6,922;
Y is the maintenance grant amount.
(3) Subject to regulations 46 to 51, 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, £4,851;
category 2, £8,830;
category 3, £7,179;
category 4, £7,179;
category 5, £6,412;
Y is the maintenance grant amount.
(4) In this regulation, “the maintenance grant amount” (“ swm y grant cynhaliaeth ”) is—
(a) where the eligible student referred to in paragraph (1) qualifies under regulation 37 for an amount of maintenance grant, the amount that is equal to £0.50 for every £1 of maintenance grant for which that student qualifies, up to a maximum value for Y of £2,688;
(b) where no maintenance grant is payable under regulation 37, nil.
(1) Subject to regulations 46 to 51, the maximum amount of loan for living costs for which a student with reduced entitlement qualifies in respect of an academic year of a course other than the final year of a course that is not an intensive course is—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) where the student falls within regulation 23(6), for such a student in—
(i) category 1, £3,057 ;
(ii) category 2, £5,729 ;
(iii) category 3, “£4,875 ;
(iv) category 4, £4,875 ;
(v) category 5, £4,076 .
(c) where the student applies for a loan for living costs and opts not to provide the information needed to calculate the household income, an amount equal to ( X − Y ) where—
X is, for such a student in—
(i) category 1, £4,829 ;
(ii) category 2, £8,738 ;
(iii) category 3, £7,438 ;
(iv) category 4, £7,438 ;
(v) category 5, £6,238 ;
Y is nil.
(2) Subject to regulations 46 to 51, the maximum amount of loan for living costs for which a student with reduced entitlement qualifies in respect of an academic year that is the final year of a course that is not an intensive course is—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) where the student falls within regulation 23(6), for such a student in—
(i) category 1, £2,323 ;
(ii) category 2, £4,381 ;
(iii) category 3, £3,564 ;
(iv) category 4, £3,564 ;
(v) category 5, £3,176 .
(c) where the student applies for a loan for living costs and opts not to provide the information needed to calculate the household income an amount equal to ( X − Y ) where—
X is, for such a student in—
(i) category 1, £4,373 ;
(ii) category 2, £7,957 ;
(iii) category 3, £6,469 ;
(iv) category 4, £6,469 ;
(v) category 5, £5,779 ;
Y is nil.
(1) Subject to paragraph (2), where an eligible student (“A” in this regulation) resides at A’s parents’ home and the Welsh Ministers are satisfied that in all the circumstances A’s parents by reason of age, incapacity or otherwise cannot reasonably be expected to support A and that it would be appropriate for the amount of loan payable to a student in a category other than category 1 to apply in A’s case, A must be treated as if A were not residing at A’s parents’ home.
(2) Paragraph (1) does not apply to an eligible student who begins a course on or after 1 September 2004.
(3) Subject to paragraph (4), where A resides at A’s parents’ home for a reason only relating to coronavirus, A is treated as if A were not residing at A’s parents’ home.
(4) Paragraph (3) does not apply where A requests that the Welsh Ministers treat them as residing at their parents’ home.
(1) Subject to regulation 49, the loan for living costs is payable in respect of three quarters of the academic year.
(2) The loan for living costs is not payable—
(a) in the case of a compressed degree student, in respect of the quarter nominated by the Welsh Ministers;
(b) in any other case, in respect of the quarter in which, in the opinion of the Welsh Ministers, the longest of any vacation occurs.
Where an eligible student falls into more than one of the categories in regulation 52 in the course of the academic year—
(a) the maximum amount of loan for living costs for the academic year is the aggregate of the maximum amount of loan for living costs for each quarter in respect of which the loan is payable;
(b) the maximum amount of loan for living costs for each such quarter is one third of the maximum amount of loan for living costs which would apply for the academic year if the eligible student fell into the category which applies to the relevant quarter for the duration of the academic year; and
(c) the category which applies to a quarter is—
(i) the category into which the eligible student falls for the longer or longest period in that quarter; or
(ii) if the eligible student falls into more than one category for an equal period in that quarter, the category with the higher or highest rate of loan for living costs for the academic year.
(1) Where a student becomes an eligible student during the course of an academic year as a result of one of the events listed in paragraph (2), the student may qualify for a loan for living costs in respect of such quarters of that academic year in respect of which a loan for living costs is payable as begin after the relevant event in paragraph (2) occurs.
(2) 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, becomes a person granted stateless leave, becomes a person with leave to enter or remain or becomes a person granted humanitarian protection under paragraph 339C of the immigration rules;
(ba) the student or the student’s parent becomes a person with section 67 leave to remain or a person granted leave to enter or remain as a protected partner ;
(bb) the student becomes a person with Calais leave;
(bc) the student becomes a protected Ukrainian national or the spouse, civil partner, child or step-child of such a person ;
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) the student becomes a person described in paragraph 2(1)(a) or 3(1)(a) of Schedule 1;
(e) where regulation 4(2A)(a) applies, the student becomes a person described in paragraph 12(a) of Schedule 1;
(f) the student becomes a person described in paragraph 6A(1)(a) of Schedule 1 or, where regulation 4(2A)(a) applies, in paragraph 6(1)(a) of Schedule 1; ...
(g) the student becomes a person described in paragraph 11A(a) of Schedule 1 or, where regulation 4(2A)(a) applies, in paragraph 11(1)(a) of Schedule 1; or
(h) the student becomes a person described in paragraph 9B(1)(a)(ii) of Schedule 1.
(3) An eligible student to whom paragraph (1) applies does not qualify for a loan for living costs in respect of any academic year beginning before the academic year in which the relevant event occurred.
(4) The maximum amount of loan for living costs payable is the aggregate of the maximum amount of loan for each quarter in respect of which the student qualifies for support under this regulation.
(5) The maximum amount of loan for living costs for each such quarter is one third of the maximum amount of loan for living costs which would apply for the academic year if the student fell into the category which applies to the relevant quarter for the duration of the academic year.
(1) Where an eligible student is required to attend the eligible student’s course for a period exceeding 30 weeks and 3 days in an academic year, the maximum amount of loan for living costs specified in regulation 43 or, as the case may be, 44 must be increased for each week or part week of attendance in that academic year beyond 30 weeks and 3 days by, for such a student in—
(a) category 1, £96 ;
(b) category 2, £184 ;
(c) category 3, £201 ;
(d) category 4, £201 ;
(e) category 5, £144 .
(2) Where an eligible student attends the eligible student’s course for a period of not less than 45 weeks in any continuous period of 52 weeks the amount of loan for living costs specified in regulation 43 or, as the case may be, 44 is increased for each week in the 52 week period during which the eligible student did not attend by the amounts referred to in paragraph (1).
(3) This regulation does not apply in the case of a student with reduced entitlement.
The Education (Student Support) (Wales) Regulations 2017 (legislation.gov.uk, OGL v3.0). Retrieved via LawPlayer, https://lawplayer.com/uk/act/wsi-2017-47
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