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Welsh Statutory Instrument 2006 No. 126 (W.19)The Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2006(The document as of February, 2008. Arhiv.Online Library) STATUTORY INSTRUMENTS2006 No. 126 (W.19)EDUCATION, WALESThe Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2006
The National Assembly for Wales, in exercise of the powers conferred upon it by sections 22, 42(6) and 43(1) of the Teaching and Higher Education Act 1998[1], makes the following Regulations: Title, commencement and application 1.—(1) The title of these Regulations is the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2006. (2) These Regulations come into force on 1 March 2006 and apply in relation to Wales. Interpretation 2.—(1) In these Regulations—
(b) 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;
(b) a full-time honours degree course beginning on or after 1 September 2006 which, disregarding any intervening vacation, a student starts to attend immediately after ceasing to attend a full-time foundation degree course for which the student received or was entitled to receive a transitional award, a loan under the 1998 Regulations or support under the 1999, 2000, 2001, 2002, 2003, 2004 or 2005 Regulations; (c) a course for the initial training of teachers beginning before 1 September 2006 the duration of which does not exceed two years (the duration of a part-time course being expressed as its full-time equivalent) which, disregarding any intervening vacation, a student begins to attend immediately after ceasing to attend a first degree course for which the student received or was entitled to receive a transitional award, a loan under the 1998 Regulations or support under the 1999, 2000, 2001, 2002, 2003, 2004 or 2005 Regulations;
(b) in the county of Essex, in the district of Epping Forest—
the parish of Waltham Abbey; (c) in the county of Hertfordshire—
the district of Hertsmere, in the district of Welwyn Hatfield, the parish of Northaw; and (d) in the county of Surrey—
the boroughs of Epsom and Ewell and Spelthorne, in the district of Reigate and Banstead, the area of the former urban district of Banstead;
(b) is a gap-year student, (c) starts the current course on or after 1 September 2006 where that course is an end-on course in relation to a course that he or she started before 1 September 2006 or, in the case of a gap-year student, before 1 September 2007, or (d) starts the current course on or after 1 September 2006 having had his or her status as an eligible student transferred to that course as a result of one or more transfers of that status by the National Assembly pursuant to regulations made under section 22 of the Act from a designated course which he or she began before 1 September 2006 or, in the case of a gap-year student, before 1 September 2007 and in connection with which the National Assembly determined him or her to be an eligible student;
(b) periods during which a student is employed and residing in a country whose language is one that he or she is studying for his or her course (provided that the period of residence in that country is a requirement of his or her 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);
(b) beginning on 1 April and ending on 30 June; (c) beginning on 1 July and ending on 31 August; or (d) beginning on 1 September and ending on 31 December;
(b) Biotechnology and Biological Sciences Research Council, (c) Economic and Social Research Council, (d) Engineering and Physical Sciences Research Council, (e) Medical Research Council, (f) Natural Environment Research Council, (g) Particle Physics and Astronomy Research Council;
(2) For the purposes of these Regulations, a person who is ordinarily resident in Wales, England, Scotland, Northern Ireland or the Islands as a result of having moved from another of those areas for the purpose of undertaking—
(b) a previous designated course which, disregarding any intervening vacation, the student was undertaking immediately before undertaking his or her present course, is considered to be ordinarily resident in the place from which that person moved.
(b) at any time before or after these Regulations come into force has become part of one or other or both of these areas, is considered to have always been part of the European Economic Area.
(b) in circumstances where as a national of the United Kingdom the person has an enforceable Community right to be treated no less favourably than a national of another Member State in relation to matters which are the subject of the above-mentioned Council Regulation. (6) In these Regulations —
(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) for the purposes of calculating the student's attendance, the course is treated as beginning with the first period of full-time study and ending with the last such period; and (7) Except in the case of regulation 27 (grant for travel), a reference in these Regulations to the "attendance" of an eligible student on a designated course includes the undertaking of a course by distance learning if the eligible student in unable to physically attend by reason of his or her disability.
(b) starts the first academic year of the present course before 1 September 2007. (10) This paragraph applies to an eligible student—
(b) who was unable to take up the offer because a specified qualification or grade was not awarded to him or her, (c) who appealed against the decision not to award him or her the qualification or grade, (d) where the appeal was allowed after the last date on which he or she could have taken up the offer, (e) where as a result he or she was offered a place on the present course, and (f) where the first academic year of the relevant course begins after 31 August 2006 but before 1 September 2007. (11) For the purpose of paragraph (2)(a) a course ("the original course") is similar to the present course if—
(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. (12) In these Regulations, the "specified designated course" ("y cwrs dynodedig a bennir") means the present course subject to paragraphs (13) and (14).
(b) the Education (Student Support) (Amendment) Regulations 2005; and (c) the Education (Student Support) (Amendment) (No.2) Regulations 2005. (2) The 2003 Regulations continue to apply to the provision of support to students in relation to an academic year which begins on or after 1 September 2003 but before 1 September 2004.
(b) no award under the 1962 Act was bestowed in respect of the course but a transitional award would have been bestowed on him or her if the person had applied for an award under the 1962 Act and his or her resources had not exceeded his or her requirements, he or she is an old system eligible student for the purposes of Parts 4, 5 and 6 in connection with the course, or in connection with any subsequent course to which the award (either bestowed or which would have been bestowed under the 1962 Act) would have been transferred if transitional awards provided for payments after the first year of a course, but unless paragraph (7) applies he or she qualifies for support by way of loan under Part 7 only if he or she is an eligible student under these regulations and if he or she satisfies the qualifying conditions for support under Part 7. Eligible students 4.—(1) An eligible student qualifies for support in connection with a designated course subject to and in accordance with these Regulations. (2) A person is an eligible student in connection with a designated course if—
(b) the person is not excluded by paragraph (3). (3) A person shall not be an eligible student if—
(b) the person is eligible for a loan in relation to an academic year of the course under the Education (Student Loans) Act 1990 or the Education (Student Loans) (Northern Ireland) Order 1990; (c) there has been bestowed on, or paid to, the person in relation to the person's attendance on the course—
(ii) any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 1992[35]; (d) the person is in breach of any obligation to repay any loan; (4) For the purposes of paragraphs (3)(d) and (3)(e), "loan" ("benthyciad") means a loan made under the student loans legislation.
(b) with the concurrence of the borrower's curator or at a time when he or she had no curator. (6) An eligible student in respect of whom the first academic year of the course begins on or after 1 September 2000 must not, at any one time, qualify for support for—
(b) a designated course and a designated part-time course; (c) a designated course and a designated postgraduate course. (7) Notwithstanding paragraph (2), a person is an eligible student for the purposes of these Regulations if he or she satisfies the conditions in paragraph (8), (9) or (10).
(b) the person was ordinarily resident in Wales on the first day of the first academic year of the present course; and (c) that status has not expired or been terminated. (9) The conditions in this paragraph are—
(b) the person qualified as an eligible student in connection with the course in relation to which the present course is an end-on course; (c) the period of eligibility in respect of the course in sub-paragraph (b) only ceased on the grounds that the student had completed the course; and (d) the person was ordinarily resident in Wales on the first day of the first academic year of the course in sub-paragraph (b). (10) The conditions in this paragraph are—
(ii) an eligible student in connection with a designated course other than the present course, (b) the person's status as an eligible part-time student or as an eligible student in connection with the course in sub-paragraph (a) 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 under section 22 of the Act; Designated courses
(b) one of the following—
(ii) a sandwich course; or (iii) a part-time course for the initial training of teachers; (c) of at least one academic year's duration; and (2) A course falling within paragraph 6 or 7 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.
(b) a university and any constituent college or institution in the nature of a college of a university is regarded as publicly funded if either the university or the constituent college or institution is publicly funded; and (c) an institution is not regarded as publicly funded by reason only that it receives public funds from the governing body of a higher education institution in accordance with section 65(3A) of the Further and Higher Education Act 1992[36]. (4) A course to which this paragraph applies is considered to be a single course for a first degree or for an equivalent qualification notwithstanding that—
(b) part of the course may be optional. (5) Paragraph (4) 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 doctor, architect, landscape architect, landscape designer, landscape manager, town planner or town and country planner.
(b) one additional year is added in the case of an eligible student who did not complete successfully the latest previous course because of compelling personal reasons. (5) Despite paragraph (1), a continuing student is only eligible for a grant or loan for fees or a grant for living costs in respect of the present course for the number of academic years equal to (A+R+1)−Y.
(b) OD is 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) 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; (e) Y is the number of years of the present course, or the previous course in the case of a transferring student, in respect of which it has been determined before 1 September 2006 under regulations made under section 22 of the Act that support was not available; (f) Z is the number of academic years spent on a previous course beginning on or after 1 September 2006; (g) "continuing student" is an old system eligible student who started the present course before 1 September 2006; (h) "teacher training student" ("myfyriwr ar gwrs hyfforddi athrawon") means a student attending a course for the initial training of teachers where the duration of the course does not exceed 2 years (the duration of a part-time course being expressed in its full-time equivalent) and the student is not a qualified teacher; (i) "transferring student" means an eligible student who starts the present course on or after 1 September 2006 having had his or her status as an eligible student transferred to that course as a result of one or more transfers of that status pursuant to regulations made under section 22 of the Act from a designated course which he or she began before 1 September 2006. (10) 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
(b) abandons, or is expelled from, the student's designated course. (14) The National Assembly may terminate the period of eligibility where the eligible student has shown himself or herself by his or her conduct to be unfitted to receive support.
(b) determine that the student no longer qualifies for any particular support or particular amount of support; (c) treat any support paid to the student as an overpayment which may be recovered under regulation 49. Previous study
(b) any scholarship, exhibition, bursary, grant, allowance or award of any description which was available in respect of the student's attendance on the course to defray fees was paid out of public funds or funds attributable to public funds by any person or body, public or private. (7) In this regulation and regulation 6, the "ordinary duration of the course" ("cyfnod arferol y cwrs") means the number of academic years that a standard student would take to complete the designated course and "standard student" ("myfyriwr safonal") means a student who is to be taken—
(b) not to be excused any part of the course on account of having attended another course; (c) not to repeat any part of the course; and (d) not to be absent from the course other than during vacations. Transfer of Status
(b) it is satisfied that one or more of the grounds of transfer in paragraph (2) applies; and (c) the period of eligibility has not expired or been terminated. (2) The grounds of transfer referred to in paragraph (1) are—
(b) the eligible student starts to attend a designated course at another institution with the consent of the academic authority of that 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 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 completion of that course, admitted to a designated course for an honours degree in the same subject or subjects at the institution. (3) Subject to paragraph (4), an eligible student who transfers under paragraph (1) continues to receive in connection with the course to which he or she transfers the support for which the National Assembly has determined he or she qualifies in respect of the course from which he or she transfers for the remainder of the academic year in which he or she transfers. Applications for support 9.—(1) A person (the "applicant") must apply for support in connection with each academic year of a designated course by completing and submitting to the National Assembly an application in such form and accompanied by such documentation as the National Assembly may require. (2) The National Assembly may take such steps and make such inquiries as it considers necessary to determine whether the applicant is an eligible student, whether the applicant qualifies for support and the amount of support payable, if any. (3) The National Assembly must notify the applicant of whether or not the applicant qualifies for support and, if the applicant does qualify, the amount of support payable in respect of the academic year, if any. Time limits 10.—(1) The general rule is that the application must reach the National Assembly within a period of nine months beginning with the first day of the academic year in respect of which it is submitted. (2) The general rule in paragraph (1) does not apply where—
(b) the applicant, the applicant's spouse, the applicant's civil partner or the applicant's parent is recognised as a refugee or has been granted leave to enter or remain as mentioned in paragraph 3 of Schedule 1 after the first day of the academic year in respect of which the applicant is applying for support, in which case the application must reach the National Assembly within a period of nine months beginning with the day of recognition or the day leave was granted, respectively; (c) the applicant is not a person mentioned in paragraph 7 or paragraph 8 of Schedule 1 on the first day of the academic year in respect of which the applicant is applying for support but as a result of the accession of the state of which the applicant is a national to the European Community the applicant becomes such a person, in which case the application must reach the National Assembly within a period of nine months beginning with the day of the accession; (d) the applicant is making a separate application for a loan for living costs under regulation 31 or an additional amount of loan under regulation 43(3), in which case the application must reach the National Assembly not later than one month before the end of the academic year in respect of which the applicant is applying for support; (e) the applicant is applying to borrow an additional amount of loan under regulation 43(1), in which case the application must reach the National Assembly 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; (f) the applicant is applying for a grant under regulation 19, in which case the application must reach the National Assembly as soon as is reasonably practicable; (g) the National Assembly considers that having regard to the circumstances of the particular case the time limit should be relaxed, in which case the application must reach the National Assembly not later than such date as it specifies. Information Qualifying conditions for grants for fees 12.—(1) Subject to regulations 6 and 7, an old system eligible student qualifies in accordance with this regulation for a grant in respect of the fees[37] for an academic year payable by the student in respect of, or otherwise in connection with, the student's attendance on a designated course. (2) The amount of the grant for fees in respect of an academic year is determined in accordance with regulations 13 or 14. (3) An eligible student does not qualify for support in respect of an academic year if—
(b) in relation to that year he or she is eligible to receive a Scottish healthcare allowance the amount of which is calculated by reference to his or her income; (c) he or she is participating in the action scheme of the European Community for the mobility of university students known as ERASMUS[38] and—
(ii) all the periods of study during the academic year are at an institution outside the United Kingdom; or (d) he or she is undertaking a flexible postgraduate ITT course. Amount of grants for fees at a publicly funded institution
(b) in respect of a sandwich course, an academic year—
(ii) if in respect of that academic year and any previous academic years of the course the aggregate of any one or more periods of attendance which are not periods of full-time study at the institution (disregarding intervening vacations) exceeds 30 weeks; (c) in respect of a course for the initial training of teachers (including a course leading to a first degree), an academic year during which any periods of full-time study are in aggregate less than 10 weeks;
(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 (e) in respect of an academic year of a course provided by the British Institute in Paris which began before 1 September 2001. (3) In the case of a designated course at Heythrop College, the amount of grant for fees in respect of an academic year is £2,145.
(b) the designated course is provided on behalf of a publicly-funded institution; and (c) none of the circumstances in regulation 13(2) applies. (3) Subject to paragraphs (4), (5) and (6), the amount of the grant for fees in respect of an academic year at a private institution is £600 if—
(b) the designated course is provided on or behalf of a publicly funded institution; and (c) one or more of the circumstances in regulation 13(2) applies. (4) In the case of a designated course at the University of Buckingham, the amount of grant for fees in respect of an academic year is £2,840. General qualifying conditions for loans for fees 15.—(1) An eligible student qualifies for a loan for fees in connection with the student's attendance on a designated course under 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 loan for fees in respect of an academic year if—
(b) in relation to that year he or she is eligible to receive a Scottish healthcare allowance the amount of which is calculated by reference to his or her income; (c) he or she is participating in the action scheme of the European Community for the mobility of university students known as ERASMUS[39] and—
(ii) all the periods of study during the academic year are at an institution outside the United Kingdom; or (d) he or she is undertaking a flexible postgraduate ITT course. Fee contribution loans
(ii) the National Assembly considers that the increase in the maximum amount does not result from the old system eligible student—
(bb) providing information which is inaccurate in any material particular. (5) The additional amount in paragraph (4) is an amount which when added to the amount already applied for does not exceed the increased maximum.
(b) the fees payable by the student in respect of , or otherwise in connection with, that year. (3) The maximum amount of the fee loan in respect of an academic year is £1,500 in the cases specified in regulation 13(2).
(b) the academic year of the course to which the new system student transfers begins on a later date than the academic year of the course from which he or she has transferred. (6) Where paragraph (5)(a) applies, the additional amount that the new system eligible student may borrow in respect of the academic year to which he or she transfers must not exceed an amount equal to the fees payable by him or her in respect of that academic year less the amount of any fee loan he or she has taken out in respect of the academic year from which he or she has transferred.
(b) the fees payable by the student in respect of, or otherwise in connection with, that year. (8) Where a new system eligible student has applied for a fee loan of less than the maximum amount available in relation to an academic year, he or she may apply to borrow an additional amount which when added to the amount already applied for does not exceed the relevant maximum applicable in his or her case. General qualifying conditions for grants for living costs 18.—(1) An eligible student qualifies for a grant for living costs under this Part provided that—
(b) the student satisfies the qualifying conditions for the particular grant for living costs for which he or she is applying. (2) An eligible student does not qualify for a grant for living costs under this Part if the only paragraph from 1 to 8 of Schedule 1 into which the student falls is paragraph 7.
(b) during which the student is eligible to receive a Scottish healthcare allowance the amount of which is calculated by reference to the student's income; or (c) of a course for the initial training of teachers during which the periods of full-time attendance, including attendance for the purpose of teaching practice, are in aggregate less than 6 weeks. (4) Paragraph (3)(c) does not apply for the purposes of regulation 19.
(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 a student attending an overseas institution as part of his or her course, in an overseas institution; or (e) unpaid service with—
(ii) a Health Board or a Special Heath Board constituted under section 2 of the National Health Service (Scotland) Act 1978[43]; or (iii) a Health and Social Services Board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972[44]. (7) 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 (8), the student may qualify for a particular grant for living costs in accordance with this Part in respect of that academic year but does not qualify for a grant for living costs in respect of any academic year beginning before the academic year in which the relevant event occurred.
(b) the student, the student's spouse, the student's civil partner or the student's parent is recognised as a refugee or is granted leave to enter or remain as mentioned in paragraph 3 of Schedule 1. Grants for disabled students' living costs
(b) £4,795 in respect of all the academic years during the period of eligibility for expenditure on major items of specialist equipment; (c) the additional expenditure incurred—
(ii) within or outside the United Kingdom for the purpose of attending, as a part of his or her course, any period of study at an overseas institution or for the purpose of attending the British Institute in Paris; (d) £1,605 in respect of an academic year for any other expenditure including expenditure incurred for the purposes referred to in sub-paragraph (a) or (b) which exceeds the specified maxima. (5) Where the eligible student has received payments to assist with expenditure on major items of specialist equipment in connection with the course by virtue of holding a transitional award, the maximum amount of grant under paragraph (4)(b) is reduced by the amount of those payments.
(b) in any academic year of that course, the periods of full-time attendance (including attendance for the purpose of teaching practice) are in aggregate less than 6 weeks. Grants for students who have left care
(b) the eligible student falls within paragraph 2(f) of Schedule 4; and (c) in the opinion of the National Assembly, the eligible student is subject to greater financial hardship by virtue of falling within paragraph 2(f) of Schedule 4 than the student would otherwise have been. (3) Subject to paragraph (4), the amount of grant is such amount as the National Assembly considers appropriate in the circumstances.
(b) during no part of which week the student attends his or her course. Grants for dependants- general
(b) childcare grant; (c) parents' learning allowance. (2) The qualifying conditions for each element and the amounts payable are set out in regulations 22 to 25.
(b) an adult dependant of the eligible student whose net income does not exceed £3,350. (3) The amount of adult dependants' grant payable in respect of an academic year is calculated in accordance with regulation 25, the basic amount being—
(b) where the person in respect of whom the eligible student is applying for adult dependants' grant is ordinarily resident outside the United Kingdom, such amount not exceeding £2,455 as the National Assembly considers reasonable in the circumstances. (4) The amount of adult dependants' grant calculated under regulation 25 is reduced by one half where—
(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 he or she is entitled under the statutory award. Grants for dependants- childcare grant
(b) the child has special educational needs within the meaning of section 312 of the Education Act 1996[45] and is under the age of 17 immediately before the beginning of the academic year. (3) An eligible student does not qualify for a grant under this regulation if the student or the student's partner has elected to receive the childcare element of the working tax credit under Part I of the Tax Credits Act 2002[46].
(b) for two or more dependent children, 85 per cent. of the costs of the childcare, subject to a maximum amount of £300 per week, except that the 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.
(b) where a week in respect of which childcare costs 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 (4) by the proportion which the number of days of that week falling within the academic year bears to the number of days in a week. (6) The amount of childcare grant calculated under regulation 25 is reduced by one half where—
(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 he or she is entitled under the statutory award. (7) In this regulation—
(b) "registered childcare provider" ("darparydd gofal plant wedi'i gofrestru") means a person who acts as a child minder or provides day care and is registered within the meaning of section 79F of the Children Act 1989[48] (grant or refusal of registration of child minders and persons providing day care for young children). Grants for dependants- parents' learning allowance
(b) to reduce the basic amount of the childcare grant for the academic year where the eligible student qualifies for that element under regulation 23; and (c) to reduce the basic amount of the parents' learning allowance where the eligible student qualifies for that element under regulation 24. (2) Subject to paragraphs (4) and (5), where B is greater than or equal to A, the basic amount of each element of the grant for dependants for which the eligible student qualifies is payable.
B is £1,075 where the eligible student has no dependent child; £3,225 where the eligible student is not a lone parent and has one dependent child; £4,300 where the eligible student is not a lone parent and has more than one dependent child; £4,300 where the eligible student is a lone parent and has one dependent child; £5,380 where the eligible student is a lone parent and has more than one dependent child. (8) Paragraphs (9) to (12) apply where, in the course of the academic year, any of the following occurs—
(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 18(8). (9) For the purposes of determining the respective values of A and B and whether adult dependants' grant or parents' learning allowance is payable, the National Assembly shall determine the following in relation to each relevant quarter by reference to the student's circumstances in the relevant quarter—
(b) who those dependants are; (c) whether the student is to be treated as a lone parent. (10) The amount of grant for dependants for the academic year is the aggregate of the amounts of adult dependants' grant and parents' learning allowance calculated in respect of each relevant quarter under paragraph (11) and the amount of any childcare grant for the academic year.
(b) otherwise, a quarter other than the one quarter during which, in the opinion of the National Assembly, the longest of any vacation occurs. Grants for dependants- interpretation
(b) "child" ("plentyn") in relation to an eligible student includes any child of the student's partner and any child for whom the student has parental responsibility where those children are dependent on the student; (c) "dependant" ("dibynnydd") means, in relation to an eligible student, the student's partner, the 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) "lone parent" ("rhiant unigol") means an eligible student who does not have a partner and who has a dependent child or dependent children; (f) "net income" ("incwm net") has the meaning given in paragraph (2); (g) subject to sub-paragraphs (h), (i) and (j), "partner" ("partner") means any of the following—
(ii) the civil partner of an eligible student; (iii) a person ordinarily living with an eligible student as if he or she were his or her spouse where an eligible student falls within paragraph 2(a) of Schedule 4 and begins the designated course on or after 1 September 2000; (iv) a person ordinarily living with an eligible student as if they were the student's civil partner where an eligible student falls within paragraph 2(a) of Schedule 4 and begins the designated course on or after 1 September 2005; (h) a person who would otherwise be a partner under sub-paragraph (g) is not treated as a partner if—
(ii) the person is ordinarily living outside the United Kingdom and is not maintained by the eligible student; (i) for the purposes of sub-paragraph (a), a person is treated as a partner if the person would be a partner under sub-paragraph (g) but for the fact that the eligible student with whom the person is ordinarily living does not fall within paragraph 2(a) of Schedule 4; (2) Subject to paragraph (3), a dependant's net income is the dependant's income from all sources for the academic year in question reduced by the amount of income tax and social security contributions payable in respect of it but disregarding—
(b) child benefit payable under Part IX of the Social Security Contributions and Benefits Act 1992[49]; (c) any financial support payable to the dependant by a local authority in accordance with regulations made under paragraph 3 of Schedule 4 to the Adoption and Children Act 2002[50]; (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 in the care of a local authority is boarded out, any payment made to that dependant in pursuance of section 23 of the Children Act 1989[51]; (f) any payments made to the dependant under section 15 of and Schedule 1 to the Children Act 1989 in respect of a person who is not the dependant's child or any assistance given by a local authority pursuant to section 24 of that Act; and (g) any child tax credit to which the dependant is entitled under Part I of the Tax Credits Act 2002. (3) Where an eligible student or the student's partner makes any recurrent payments which were previously made by the student in pursuance of an obligation incurred before the first academic year of the student's course, the partner's net income is the net income calculated in accordance with paragraph (2) reduced by—
(b) such lesser amount, if any, as the National Assembly considers appropriate if, in its opinion, a lesser obligation could reasonably have been incurred. (4) For the purposes of paragraph (2), where the dependent is a dependent child and payments are made to the eligible student towards the child's maintenance, those payments are to be treated as the child's income.
(b) does not include any expenditure in respect of which a grant is payable under regulation 19. (6) Where an eligible student attends for a period of at least eight weeks as part of his or her course an overseas institution or the British Institute in Paris and he or she reasonably incurs any expenditure in insuring against liability for the cost of medical treatment provided outside the United Kingdom for any illness or bodily injury contracted or suffered during that period he or she qualifies for additional grant under this regulation equal to the amount so incurred.
(b) in any case where the household income exceeds £15,970 and does not exceed £21,955, he or she receives an amount equal to M− A, where M is £1,000 and A is £1 for every complete £6.30 by which the household income exceeds £15,970; ; and in any case where the household income exceeds £21,955, no grant is payable under this regulation. Maintenance grant
(b) in the case of a type 2 teacher training student, £2,700; and (c) in the case of a new system student other than a type 1 or type 2 teacher training student, £2700. (5) A type 1 teacher training student who qualifies for a maintenance grant in respect of an academic year receives an amount as follows in respect of that year—
(b) where household income exceeds £17,500 but does not exceed £26,500, he or she receives an amount equal to M−(A/2) where M is £1,350 and A is £1 for every £6 by which household income exceeds £17,500; and (c) where the household income exceeds £26,500, he or she receives £600. (6) A type 2 teacher training student who qualifies for a maintenance grant in respect of an academic year receives an amount as follows in respect of that year—
(b) where household income exceeds £17,500 but does not exceed £26,500, he or she receives an amount equal to M−A where M is £2,700 and A is £1 for every £6 by which household income exceeds £17,500; and (c) where the household income exceeds £26,500, he or she receives £1,200. (7) A new system eligible student other than a type 1 or type 2 teacher training student who qualifies for a maintenance grant in respect of an academic year receives an amount as follows in respect of that year—
(b) where household income exceeds £17,500 but does not exceed £26,500, he or she receives an amount equal to M−A where M is £2,700 and A is £1 for every £6 by which household income exceeds £17,500; (c) where household income exceeds £26,500 but does not exceed £37,425, he or she receives an amount equal to RM− A, where RM is £1,200 and A is £1 for every complete £9.50 by which household income exceeds £26,500; (d) where the household income exceeds £37,425, no maintenance grant is payable. Special Support Grant
(b) in the case of a type 2 teacher training student, £2,700; and (c) in the case of a new system student other than a type 1 or type 2 teacher training student, £2,700. (4) A type 1 teacher training student who qualifies for special support grant in respect of an academic year receives an amount as follows in respect of that year—
(b) where household income exceeds £17,500 but does not exceed £26,500, he or she receives an amount equal to M−(A/2) where M is £1,350 and A is £1 for every £6 by which household income exceeds £17,500; and (c) where the household income exceeds £26,500, he or she receives £600. (5) A type 2 teacher training student who qualifies for special support grant in respect of an academic year receives an amount as follows in respect of that year—
(b) where household income exceeds £17,500 but does not exceed £26,500, he or she receives an amount equal to M-A where M is £2,700 and A is £1 for every £6 by which household income exceeds £17,500; and (c) where the household income exceeds £26,500, he or she receives £1,200. (6) A new system eligible student other than a type 1 or type 2 teacher training student who qualifies for a special support grant in respect of an academic year receives an amount as follows in respect of that year—
(b) where household income exceeds £17,500 but does not exceed £26,500, he or she receives an amount equal to M−A where M is £2,700 and A is £1 for every £6 by which household income exceeds £17,500; (c) where household income exceeds £26,500 but does not exceed £37,425, he or she receives an amount equal to RM− A, where RM is £1,200 and A is £1 for every complete £9.50 by which household income exceeds £26,500; (d) where the household income exceeds £37,425, no maintenance grant is payable. Qualifying conditions for loans for living costs 31.—(1) An eligible student qualifies for a loan for living costs in connection with the student's attendance on a designated course if the student satisfies the condition in paragraph (2) and is not excluded by paragraph (3) or regulation 7. (2) The condition referred to in paragraph (1) 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 from 1 to 8 of Schedule 1 into which the student falls is paragraph 7. Maximum amount of loans for old system eligible students with full entitlement 32.—(1) Subject to regulations 36 to 41, the maximum amount of loan for living costs for which an old system eligible student with full entitlement qualifies in respect of an academic year (other than the final year of an accelerated course) is—
(b) for a student in category 2, £6,170; (c) for a student in category 3, £5,255; (d) for a student in category 4, £5,255; (e) for a student in category 5, £4,405. (2) Subject to regulations 36 to 41, the maximum amount of loan for living costs for which an old system eligible student with full entitlement qualifies in respect of an academic year which is the final year of a course other than an accelerated course is—
(b) for a student in category 2, £5,620; (c) for a student in category 3, £4,570; (d) for a student in category 4, £4,570; (e) for a student in category 5, £4,080. Maximum amount of loans for new system eligible students with full entitlement
(ii) for a student in category 2, £6,170; (iii) for a student in category 3, £5,255; (iv) for a student in category 4, £5,255; (v) for a student in category 5, £4,405;
(3) Subject to regulations 36 to 41, 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 accelerated course is equal to (X−Y)—
(ii) for a student in category 2, £5,620; (iii) for a student in category 3, £4,570; (iv) for a student in category 4, £4,570; (v) for a student in category 5, £4,080;
(4) In this regulation, "the maintenance grant amount"("swm y grant cynhaliaeth") is—
(b) where the student qualifies under regulation 29 for an amount of maintenance grant exceeding £1,200, £1,200; and (c) where no maintenance grant is payable, nil. 34.—(1) This regulation applies to a type 1 and type 2 teacher training student with a household income exceeding £37,900.
(b) for a student in category 2, £6,170; (c) for a student in category 3, £5,255; (d) for a student in category 4, £5,255; (e) for a student in category 5, £4,405. (3) Subject to regulations 36 to 41, the maximum loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year of a course (other than the final year of a course that is not an accelerated course) is—
(b) for a student in category 2, £5,620; (c) for a student in category 3, £4,570; (d) for a student in category 4, £4,570; (e) for a student in category 5, £4,080. Students with reduced entitlement
(ii) for a student in category 2, £3,030; (iii) for a student in category 3, £2,160; (iv) for a student in category 4, £2,160; (v) for a student in category 5, £2,160; (b) where the student falls within regulation 18(3)(c) or 18(5)—
(ii) for a student in category 2, £3,030; (iii) for a student in category 3, £2,585; (iv) for a student in category 4, £2,585; (v) for a student in category 5, £2,160; (c) where the student applies for a loan for living costs and opts not to provide details of the income of his or her household—
(ii) for a student in category 2, £4,630; (iii) for a student in category 3, £3.940; (iv) for a student in category 4, £3,940; (v) for a student in category 5, £3,905. (2) Subject to regulations 36 to 41, 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 accelerated course is—
(ii) for a student in category 2, £2,320; (iii) for a student in category 3, £1,680; (iv) for a student in category 4, £1,680; (v) for a student in category 5, £1,680; (b) where the student falls within regulation 18(3)(c) or 18(5)—
(ii) for a student in category 2, £2,320; (iii) for a student in category 3, £1,885; (iv) for a student in category 4, £1,855; (v) for a student in category 5, £1,680; (c) where the student applies for a loan for living costs and opts not to provide details of the income of his or her household—
(ii) for a student in category 2, £4,215; (iii) for a student in category 3, £3,430; (iv) for a student in category 4, £3,430; (v) for a student in category 5, £3,060. Students residing with parents
(b) the maximum amount of loan for each such quarter is one third of the maximum amount of loan 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; and (c) subject to paragraph (2), the category which applies to a quarter is—
(ii) if the 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 the academic year. (2) Category 3 cannot be the category applicable to a quarter unless the student is attending an overseas institution for at least half of the period covered by that quarter.
(b) the student, the student's spouse, the student's civil partner or the student's parent is recognised as a refugee or is granted leave to enter or remain as mentioned in paragraph 3 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.
(b) for a student in category 2, by £98; (c) for a student in category 3, by £107; (d) for a student in category 4, by £107; (e) for a student in category 5, by £77. (2) Where an eligible student attends his or her 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 regulations 32 to 35 must be increased for each week during the 52 week period during which the student did not attend by the amounts referred to in paragraph (1).
(b) a student is in category 2 if he or she is not in category 1 and attends one or more of the following—
(ii) a course at an institution which requires attendance for at least half the time in aggregate of any quarter of the course in the academic year at a site wholly or partly within the area comprising the City of London and the former Metropolitan Police District; or (iii) a sandwich course at an institution which requires the eligible student to undertake work experience or a combination of work experience and study provided that the student undertakes such work experience or combination of work experience and study for at least half the time in aggregate of any quarter of the course in the academic year at a site or sites wholly or partly within the area comprising the City of London and the former Metropolitan Police District; (c) a student is in category 3 if the student is not in category 1 and attends an overseas institution as part of his or her course for at least eight consecutive weeks in the academic year;
(ii) is not eligible for a grant for living costs by virtue of regulation 18(3)(c) or 18(5); or (iii) opts when applying for a loan for living costs not to provide details of the income of his or her household; (iv) where the duration of a course for the initial training of teachers is only one academic year, that year is not to be treated as the final year. Additional amount of loans 43.—(1) An eligible student may apply to borrow an additional amount of loan where—
(b) the National Assembly considers that the increase in the maximum amount does not result from the eligible student—
(ii) providing information which is inaccurate in any material particular. (2) The additional amount under paragraph (1) is an amount which when added to the amount already applied for does not exceed the increased maximum. Calculation of contribution 45.—(1) An eligible student's contribution in respect of an academic year is the amount, if any, calculated under Schedule 4. (2) For the purposes of the exercise of the National Assembly's functions under the Act and regulations made under it, the National Assembly may require an eligible student to provide from time to time such information as it considers necessary as to the income of any person whose means are relevant to the assessment of the student's contribution. Application of contribution 46.—(1) Subject to paragraphs (2) and (3), an amount equal to the contribution calculated under Schedule 4 must be applied until it is extinguished against the amount of the particular grants and loans for which the eligible student qualifies as follows—
(b) second, to reduce ADG; (c) third, to reduce CCG; (d) fourth, to reduce PLA; (e) fifth, to reduce LLC to no less than the minimum level for the academic year; (f) sixth, to reduce GFT. (2) In the case of an old system eligible student—
(ii) The amount of grant for fees payable is the amount left after deducting the contribution from GFF; (b) where regulation 13(2)(a) or (c) applies or the corresponding circumstances under regulation 14(3) apply—
(ii) the amount of grant for fees payable is the amount left after deducting the contribution from GFF; (c) where regulation 13(2)(b), (d) or (e) applies or the corresponding circumstances under regulation 14(3) apply—
(ii) the contribution is reduced by £600 before it is applied against GFF; (d) where the grant for fees is calculated in accordance with regulation 14(1), 14(4), 14(5) or 14(6);
(ii) there is no reduction in the amount of grant for fees calculated under regulation 14; and (iii) the contribution is applied first to reduce ADG; (e) where the designated course is a course for the initial training of teachers (other than a course for a first degree)—
(ii) There is no reduction in the amount of grant for fees calculated under regulations 13 and 14; and (iii) The contribution is first applied to reduce ADG; (f) Where the student does not qualify for a grant for fees in respect of the academic year by virtue of participating in the ERASMUS programme—
(ii) the contribution is reduced by £1,200; and (iii) the contribution is applied first to reduce ADG; (g) where the student does not qualify for a grant for fees for any other reason, GFF is nil and the contribution is applied first to reduce ADG. (3) In the case of a new system eligible student, GFF is nil and the contribution is applied first to reduce ADG.
(b) CCG is the amount, if any, of the childcare grant calculated in accordance with regulation 23; (c) PLA is the amount, if any, of the parents' learning allowance calculated under regulation 24 (except the first £50 of the allowance); (d) LLC is the amount of loan for living costs, if any, for which the eligible student other than a student with reduced entitlement qualifies under Part 7; (e) GFT is the amount of the grant for travel for which the eligible student qualifies under regulation 27, if any; (5) Subject to paragraphs (6) and (7), the "minimum level for the academic year" ("lefel isaf am y flwyddyn academaidd") is—
(b) £4,630, in the case of a student in category 2; (c) £3,940, in the case of a student in category 3; (d) £3,940, in the case of a student in category 4; (e) £3,305, in the case of a student in category 5; (6) Subject to paragraph (7), where the academic year in question is the final year of a course other than an accelerated course, the "minimum level for the academic year" is—
(b) £4,215, in the case of a student in category 2; (c) £3,430, in the case of a student in category 3; (d) £3,430, in the case of a student in category 4; (e) £3,060, in the case of a student in category 5. (7) Where under regulation 38 different categories apply for different quarters of the academic year, the minimum levels in paragraphs (5) and (6) are the aggregate of the amounts determined under paragraph (8) for each of the three quarters in respect of which a loan is payable. Payment of grants or loans for fees 47.—(1) The National Assembly must pay the grant or loan for fees for which a student qualifies to the institution to which the student is liable to make payment where it receives a valid request for payment from the relevant academic authority. (2) The National Assembly must pay the grant or loan for fees to the academic authority—
(b) not later than 10 weeks after the expiry of the period in sub-paragraph (a), or promptly after a valid request for payment has been received, if that is later. (3) Where assessment of the student's contribution or other matters have delayed the final calculation of the amount of grant for which the student qualifies, the National Assembly may make a provisional assessment.
(b) the academic authority has determined or agreed that the student will not commence attending again during the academic year in respect of which the fees are payable or at all. Payment of grants and loans for living costs
(b) how much the full amount is in respect of the period which runs from the first day of the relevant payment period up to and including the day on which the student withdraws, abandons or is expelled from the course (the "partial amount"). (6) If the National Assembly has made payments of grants for living and other costs in respect of the relevant payment period before the point in that period at which the student withdraws from, abandons or is expelled from the course and that payment exceeds the partial amount—
(b) if it considers that it is appropriate to do so it may extend the student's period of eligibility until the end of the relevant payment period and determine that the full amount is due in respect of that payment period. (7) If a payment of grants for living and other costs in respect of the relevant payment period is due to be made or is made after the student withdraws from, abandons or is expelled from the course, the amount due is the partial amount unless the National Assembly considers that it is appropriate to extend the period of eligibility until the end of the relevant payment period and to determine that the full amount is due in respect of that payment period.
(b) if the determination decreases the amount of that grant for which the student qualifies it must subtract the amount of the decrease from the amount of that grant which remains to be paid; (c) if the amount of the decrease is greater than the amount of that grant remaining to be paid the latter amount is reduced to nil and the balance subtracted from any other grant for living costs for which the student qualifies in respect of the academic year; (d) any remaining overpayment must be recovered in accordance with regulation 49. (13) Where the National Assembly has made any payment of support under Part 6 or Part 7 and a student who qualifies for a loan under Part 7 applies for such a loan or applies for an additional amount of loan in respect of an academic year, the National Assembly must pay the loan or the additional amount of loan and in such instalments (if any) and at such times as it considers appropriate as soon as is reasonably practicable after a satisfactory application has been received.
(b) if the amount to be subtracted is greater than the amount of loan remaining to be paid, the latter amount is reduced to nil; (c) any remaining overpayment must be recovered in accordance with regulation 49. (15) In any case where an attendance confirmation is required, the National Assembly must not make any payment of support to the eligible student under Part 6 or Part 7 before it has received that confirmation.
(b) the National Assembly has determined that owing to exceptional circumstances it would be appropriate to make payment without receiving an attendance confirmation. (18) An institution must send the attendance confirmation to the National Assembly as soon as reasonably practicable after the first day of the first academic year in respect of which the confirmation is due.
(b) in any other case, confirmation from the institution that the eligible student has presented himself or herself at that institution and has started to attend the present course. Overpayments
(b) by taking such other action for the recovery of an overpayment as is available to it. (4) Any overpayment of a loan for living costs in respect of any academic year may be recovered if in the opinion of the National Assembly—
(b) any information which the student has provided is inaccurate in a material particular; or (c) the student has failed to provide information which the National Assembly considers to be material in the context of the recovery of the loan. (5) Where an overpayment of a loan for living costs is recoverable in accordance with paragraph (4), it may be recovered in whichever one or more of the following ways the National Assembly considers appropriate in all the circumstances—
(b) by taking such other action for the recovery of an overpayment as is available to it. (6) Where there has been an overpayment of a loan for living costs which is not recoverable under paragraph (4), the National Assembly may subtract the overpayment from the amount of any loan payable to the student from time to time pursuant to regulations made under section 22 of the Act. Eligible part-time students 50.—(1) An eligible part-time student qualifies for support in connection with his or her undertaking a designated part-time course subject to and in accordance with this Part. (2) A person is an eligible part-time student in connection with a designated part-time course if—
(b) the person is not excluded by paragraph (3). (3) A person is not an eligible part-time student if—
(ii) any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 1992[54]; or (iii) a Scottish healthcare allowance whether or not the amount of such allowance is calculated by reference to that person's income; (b) that person is in breach of any obligation to repay any loan; (4) Paragraph (3)(e) does not apply in respect of an academic year during which the student enters prison to serve a custodial sentence or is released from prison having served such a sentence.
(b) with the concurrence of the borrower's curator or at a time when he or she had no curator. (7) An eligible part-time student does not qualify for support under regulation 53(1)(b) or regulation 54 if the only paragraph from 1 to 8 of Schedule 1 into which he falls is paragraph 7.
(b) under regulation 53(1)(b) or 54 unless he or she undertakes the designated part-time course in the United Kingdom. (9) An eligible part-time student does not qualify for support under regulation 53 if he or she has undertaken one or more part-time courses for eight academic years in aggregate and he or she has received in respect of each of those academic years a loan or a grant of the kind described in paragraph (10).
(b) a loan, a grant in respect of fees or a grant for books, travel and other expenditure each made in respect of an academic year of a part-time course by the Department for Employment and Learning (Northern Ireland) pursuant to regulations made under Articles 3 and 8(4) of the Education (Student Support) (Northern Ireland) Order 1998[55]; or (c) a loan in respect of an academic year of a part-time course made pursuant to regulations made under sections 73(f), 73B and 74(1) of the Education (Scotland) Act 1980[56]. (11) An eligible part-time student does not qualify for support under regulation 53 if he or she holds a first degree from an educational institution in the United Kingdom.
(b) the course was undertaken at an educational institution in the United Kingdom; and (c) the eligible part-time student is registered to continue the course at the same educational institution after the award of his or her degree so as to obtain an honours degree on completion of the required modules, examinations or other form of assessment. (13) Where a student becomes an eligible part-time student during the course of an academic year as a result of one of the events listed in paragraph (14), he or she may qualify for support in accordance with this Part in respect of that academic year but he or she does not qualify for support under this Part in respect of any academic year beginning before the academic year in which the relevant event occurred.
(b) the student, his or her spouse, his or her civil partner or his or her parent is recognised as a refugee or is granted leave to enter or remain as mentioned in paragraph 3 of Schedule 1. (15) Notwithstanding paragraph (2), a person is an eligible part-time student for the purposes of this Part if he or she satisfies the conditions in paragraphs (16) or (17).
(b) the person was ordinarily resident in Wales on the first day of the first academic year of the course; and (c) the person's status has not expired or been terminated. (17) The conditions in this paragraph are—
(ii) an eligible part-time student in connection with a designated part-time course other than the present course; (b) the student's status as an eligible student or as an eligible part-time student in connection with that course 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 under section 22 of the Act; (18) An eligible part-time student does not, at any one time, qualify for support for—
(b) a designated part-time course and a designated course; (c) a designated part-time course and a designated postgraduate course. Designated part-time courses
(b) it is of at least one academic year's duration and does not exceed twice the period normally required to complete a full-time course leading to the same qualification; (c) it is wholly provided by a publicly-funded educational institution or institutions in the United Kingdom or is provided by such institution or institutions in conjunction with an institution or institutions outside the United Kingdom; and (d) it is not designated by or under regulation 5. (2) A course falling within paragraph 6 or 7 of Schedule 2 is not a designated part-time course where the governing body of a maintained school has arranged for the provision of such a course to a pupil of the school.
(b) a university and any constituent college or institution in the nature of a college of a university is regarded as publicly funded if either the university or the constituent college or institution is publicly funded; and (c) an institution is not regarded as publicly funded by reason only that it receives public funds from the governing body of a higher education institution in accordance with section 65(3A) of the Further and Higher Education Act 1992[57]. (4) For the purposes of section 22 of the Act and regulation 50(1) the National Assembly may designate courses of higher education which are not designated by paragraph (1).
(b) abandons or is expelled from his or her designated part-time course. (5) The National Assembly may terminate the period of eligibility where the eligible part-time student has shown himself or herself by his or her conduct to be unfitted to receive support.
(b) determine that the student no longer qualifies for any particular support or particular amount of support; (c) treat any support paid to the student as an overpayment which may be recovered under regulation 61. Support for part-time courses
(ii) the "actual fees" ("ffioedd gwirioneddol"), being the amount of fees charged in respect of an academic year of the designated part-time course; and (b) a grant not exceeding £1,000 for books, travel and other expenditure in connection with the designated part-time course. (2) The basic grant varies according to the intensity of study.
(4) The "basic grant" ("grant sylfaenol") is—
(b) £710 where the intensity of study is 60 per cent. or more but less than 75 per cent. ("level 2"); (c) £885 where the intensity of study is 75 per cent. or more ("level 3"). (5) Subject to paragraphs (6) and (7), the amount of support payable in respect of an academic year is as follows—
(ii) under Part 1 of the Jobseekers Act 1995[59] to income-based jobseekers allowance; (iii) or under section 2 of the Employment and Training Act 1973[60] to new deal allowance; (b) where the relevant income is less than £15,345, the maximum amount of support available under paragraph (1) is payable; (6) Where paragraph (5)(d) applies, the amount of support payable under paragraph (1)(a) is determined by deducting from the maximum amount of support available under paragraph (1)(a) one of the following amounts—
(b) where the basic grant is greater than the actual fees, an amount equal to that left after deducting from the amount calculated under sub-paragraph (a) the difference between the basic grant and the actual fees (unless the amount is a negative number in which case the maximum amount of support available under paragraph (1)(a) is payable). (7) Where under regulation 57 a student receives support in relation to more than one designated part-time course in an academic year, the maximum amount of support under paragraph (1)(a) for that year is the amount of the basic grant for the course with the highest intensity of study that the student undertakes in that academic year.
(b) "current financial year" ("y flwyddyn ariannol gyfredol") means the financial year which includes the first day of the academic year in respect of which a person is being assessed for assistance; (c) "dependent" ("dibynnol") means wholly or mainly financially dependent; (d) "financial year" ("blwyddyn ariannol") means the period of twelve months for which the income of the eligible part-time student is computed for the purposes of the income tax legislation which applies to it; (e) "income" ("incwm") means gross income from all sources excluding any tax credits awarded pursuant to any claims under section 3 of the Tax Credits Act 2002; (f) subject to sub-paragraph (g), "partner" ("partner") means any of the following—
(ii) the civil partner of an eligible part-time student; (iii) a person ordinarily living with an eligible part-time student as if he or she were his or her spouse or civil partner where an eligible part-time student is aged 25 or over on the first day of the academic year in respect of which he or she is being assessed for assistance and where he or she began the designated part-time course before 1 September 2006; (iv) a person ordinarily living with an eligible part-time student as if he or she were his or her spouse or civil partner where an eligible part-time student begins the designated part-time course on or after 1 September 2006; (g) a person who would otherwise be a partner under sub-paragraph (f) is not treated as a partner if—
(ii) the person is ordinarily living outside the United Kingdom and is not maintained by the eligible part-time student; (h) "preceding financial year" ("blwyddyn ariannol flaenorol") means the financial year immediately preceding the current financial year; (9) For the purposes of this regulation—
(ii) £2,000 in respect of the only or eldest child who is dependent on the student or his or her partner; and (iii) £1,000 in respect of each other child who is dependent on the student or his or her partner; (b) where the National Assembly is satisfied that an eligible part-time student's financial resources in the preceding financial year are greater than his or her financial resources in the current financial year and that the difference between the two amounts is £1,000 or more, it may assess that student's financial resources under sub-paragraph (a) by reference to those resources in the current financial year; Grants for disabled part-time students' living costs
(b) £4,795 in respect of all the academic years during the period of eligibility for expenditure on major items of specialist equipment; (c) the additional expenditure incurred—
(ii) within or outside the United Kingdom for the purpose of attending, as a part of his or her course, any period of study at an overseas institution or for the purpose of attending the British Institute in Paris; (d) £1,200 in respect of an academic year for any other expenditure including expenditure incurred for the purposes referred to in sub-paragraph (a) or (b) which exceeds the specified maxima. Applications for support
(b) the applicant, his or her spouse, his or her civil partner or his or her parent is recognised as a refugee or has been granted leave to enter or remain as mentioned in paragraph 3 of Schedule 1 after the first day of the academic year in respect of which the applicant is applying for support, in which case the application must reach the National Assembly within a period of six months beginning with the day of recognition or the day the leave was granted, respectively; or (c) the applicant is applying for support under regulation 54 , in which case the application must reach the National Assembly as soon as is reasonably practicable; (d) the National Assembly considers that having regard to the circumstances of the particular case the time limit should be relaxed, in which case the application must reach the National Assembly not later than such date as it specifies. (4) The National Assembly may take such steps and make such inquiries as it considers necessary to determine whether the applicant is an eligible part-time student, whether he or she qualifies for support and the amount of support payable, if any.
(b) it is satisfied that one or more of the grounds for transfer in paragraph (2) applies; and (c) the period of eligibility has not expired or been terminated. (2) The grounds for transfer referred to in paragraph (1) are—
(b) the eligible part-time student starts to undertake a designated part-time course at another institution; or (c) after commencing a designated part-time course for a first degree (other than an honours degree) the eligible part-time student is, before the completion of that course, admitted to a designated part-time course for an honours degree in the same subject or subjects at the institution. (3) Subject to paragraph (4), an eligible part-time student who transfers under paragraph (1) shall, for the remainder of the academic year in which he or she transfers, continue to receive in connection with the course to which he or she transfers the support for which the National Assembly has determined he or she qualifies in respect of the course from which he or she transfers.
(b) the period of eligibility has not expired or been terminated. (2) Where, before completing the designated course, the student transfers to a part-time course in the same subject or subjects leading to the same qualification at the same institution, the part-time course is treated as satisfying regulation 51(1)(b) if the period of part-time study to be undertaken by the student is of at least one academic year's duration and does not exceed twice the period normally required to complete the remainder of the designated course from which the student transfers.
(b) the maximum amount of grant to which the student would, apart from this regulation, be entitled pursuant to regulation 54 in connection with his or her undertaking a designated part-time course in respect of that academic year is reduced by one third where the student became an eligible part-time student during the second quarter of the academic year and by two thirds where he or she became such a student in a later quarter of that year; (c) where an amount of grant for any purpose has been paid to the student under regulation 19 in a single instalment, the maximum amount of grant payable to him or her pursuant to regulation 54 for that purpose is reduced (or, where sub-paragraph (b) applies, further reduced) by the amount of grant paid to him or her for that purpose pursuant to regulation 19, and where the resulting amount is nil or a negative amount that amount is nil; and (d) where immediately before he or she became an eligible part-time student he or she was eligible to apply, but had not applied, for a loan for living costs in respect of that year, or had not applied for the maximum amount or increased maximum for which he or she was entitled, he or she may apply for such a loan or such additional amount of loan as if he or she had continued to be an eligible student; and in the circumstances mentioned in paragraph (4) the maximum or increased maximum amount of such loan for the academic year is reduced in accordance with that paragraph. (4) Where the request under paragraph (1) is made during the first quarter of the academic year in respect of which the loan is payable the maximum amount or increased maximum amount of loan (as the case may be) is reduced by two thirds, and where the request is made during the second quarter of that year that amount is reduced by one third.
(b) the period of eligibility has not expired or been terminated. (6) The following applies to a student who transfers under paragraph (5)—
(b) any support to which the student is entitled under this Part in respect of the academic year in which the student transfers must be ignored in determining the amount of support to which he or she may be entitled in respect of that year under Parts 4 to 7; (c) the maximum amount of any support under Part 6 or 7 to which the student would, apart from this regulation, be entitled in connection with a designated course in respect of that academic year is reduced by one third where the student became an eligible student during the second quarter of that academic year and by two thirds where he or she became such a student in a later quarter of that year; and (d) where an amount of grant for any purpose has been paid to the student pursuant to regulation 54 in a single instalment, the maximum amount of grant payable to him or her under regulation 19 for that purpose is reduced (or, where sub-paragraph (c) applies, further reduced) by the amount of grant paid to him for that purpose pursuant to regulation 54 and where the resulting amount is nil or a negative amount that amount is nil. Payment of support to eligible part-time students
(b) by taking such other action for the recovery of an overpayment as is available to it. Eligible postgraduate students 62.—(1) An eligible postgraduate student qualifies, subject to and in accordance with this Part, for a grant to assist with the additional expenditure he or she is obliged to incur in connection with his or her undertaking a designated postgraduate course by reason of a disability to which he or she is subject. (2) A person is an eligible postgraduate student in connection with a designated postgraduate course if that person satisfies the conditions in paragraph (3) and is not excluded by paragraph (4). (3) The conditions referred to in paragraph (2) are—
(b) the National Assembly is satisfied that, by reason of a disability to which the person is subject, he or she will be obliged to incur additional expenditure in respect of his or her undertaking the course. (4) A person is not an eligible postgraduate student if—
(ii) any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 1992[61]; (iii) any allowance, bursary or award of similar description made by a Research Council; (iv) any allowance, bursary or award of similar description made by his or her institution which includes any payment for the purpose of meeting additional expenditure incurred by the student by reason of his or her disability; or (v) any allowance, bursary or award of similar description made by the General Social Care Council under section 67(4)(a) of the Care Standards Act 2000[62] which includes payment for meeting additional expenditure incurred by the student by reason of his or her disability; or (b) he or she is in breach of an obligation to repay any loan; (5) For the purposes of paragraphs (4)(b) and (4)(c), "loan" ("benthyciad") means a loan made under the student loans legislation.
(b) with the concurrence of the borrower's curator or at a time when he or she had no curator. (7) An eligible postgraduate student does not qualify for a grant under this Part if the only paragraph from 1 to 8 of Schedule 1 into which he or she falls is paragraph 7.
(b) the person was ordinarily resident in Wales on the first day of the academic year of the present designated postgraduate course; and (c) the person's status as an eligible postgraduate student has not terminated. (11) The conditions are—
(b) the student's status as an eligible postgraduate student in connection with the course in sub-paragraph (a) has been transferred from that course to the present course as a result of one or more transfers in accordance with regulations made under section 22 of the Act; (c) the person was ordinarily resident in Wales on the first day of the academic year of the course in sub-paragraph (a); and (d) the person's status as an eligible postgraduate student has not terminated. (12) An eligible postgraduate student does not, at any one time, qualify for support for—
(b) a designated postgraduate course and a designated course; (c) a designated postgraduate course and a designated part-time course. Designated postgraduate courses
(b) it is a course—
(ii) in the case of a part-time course, the duration of which does not exceed twice the period normally required to complete a full-time course leading to the same qualification; (c) it is wholly provided by a publicly-funded educational institution or institutions in the United Kingdom or is provided by such an institution or institutions in conjunction with an institution or institutions outside the United Kingdom; and (2) For the purposes of paragraph (1)—
(b) a university and any constituent college or institution in the nature of a college of a university is regarded as publicly funded if either the university or the constituent college or institution is publicly funded; and (c) an institution is not regarded as publicly funded by reason only that it receives public funds from the governing body of a higher education institution in accordance with section 65(3A)of the Further and Higher Education Act 1992[63]. (3) For the purposes of section 22 of the Act and regulation 62, the National Assembly may designate courses of higher education which are not designated under paragraph (1).
(b) abandons or is expelled from his or her designated postgraduate course. (5) The National Assembly may terminate the period of eligibility where the eligible postgraduate student has shown himself or herself by his or her conduct to be unfitted to receive support.
(b) determine that the student no longer qualifies for a grant or any particular amount of grant; (c) treat any support paid to the student as an overpayment which may be recovered under regulation 70. Transfer of status
(b) it is satisfied that one or more of the grounds for transfer in paragraph (2) applies; and (c) the period of eligibility has not expired or been terminated. (2) The grounds for transfer referred to in paragraph (1) are—
(b) the eligible postgraduate student starts to undertake a designated postgraduate course at another institution with the consent of the academic authority of that institution. (3) Subject to paragraph (4), an eligible postgraduate student who transfers under paragraph (1) shall, for the remainder of the academic year in which he or she transfers, continue to receive in connection with the course to which he or she transfers the support for which the National Assembly has determined he or she qualifies in respect of the course from which he or she transfers.
(b) by taking such other action for the recovery of an overpayment as is available to it.
1.A person who on the first day of the first academic year of the course—
(b) meets the residence conditions referred to in paragraph 9. 2.A person who is a refugee, ordinarily resident in the United Kingdom and Islands, who has not ceased to be so resident since he or she was recognised as a refugee, or who is the spouse, civil partner or child of such a refugee, in each case who meets the residence condition in paragraph 9(a).
(b) has been granted leave to enter or to remain accordingly; and (c) has been ordinarily resident in the United Kingdom and Islands throughout the period since he or she was granted leave to enter or remain, or who is the spouse, civil partner, child or step-child of such a person, where the person or, as the case may be the spouse, civil partner, child or step-child meets the residence conditions referred to in paragraph 9.
(b) meets the residence conditions referred to in paragraph 9. 5.A person who is the spouse or civil partner of an EEA migrant worker and who—
(b) meets the residence conditions referred to in paragraph 9. 6.A person who is the child of an EEA migrant worker and who—
(b) meets the residence conditions referred to in paragraph 9. For the purposes of this paragraph, "parent" ("rhiant") includes a guardian, any other person having parental responsibility for a child and any person having care of a child and "child" is construed accordingly.
(b) who meets the residence conditions referred to in paragraphs 9(b) and (c); and (c) who does not fall within paragraph 8. 8.A person who on the first day of the academic year of the course is a national of a Member State of the European Community—
(b) who has been ordinarily resident throughout the three-year period preceding the first day of the of the first academic year of the course in the United Kingdom and Islands; (c) who, where he or she is a national of the United Kingdom, has a right to be treated no less favourably than a national of another Member State by virtue of having exercised a Community right of free movement; and (d) who, in a case where his or her ordinary residence referred to in sub-paragraph (b) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the European Economic Area immediately prior to the period of ordinary residence referred to in sub-paragraph (b). 9.The residence conditions referred to above are that—
(b) the person has been ordinarily resident throughout the three-year period preceding the first day of the first academic year of the course, in the case of a person mentioned in paragraphs 1 or 3, in the United Kingdom and Islands or, in the case of a person mentioned in paragraphs 4, 5, 6 or 7, in the European Economic Area or Switzerland; and (c) the person's residence in the United Kingdom and Islands or in the European Economic Area or Switzerland, as the case may be, has not during any part of the period referred to in sub-paragraph (b) been wholly or mainly for the purpose of receiving full-time education. 1.A first degree course other than a course referred to in paragraph 4. 2.A course for the Diploma of Higher Education. 3.A course for the Higher National Diploma or Higher National Certificate of—
(b) the Scottish Qualification Authority. 4.A course for the initial training of teachers, including such a course leading to a first degree.
(b) the examination for the National Certificate or the National Diploma of either of the bodies mentioned in paragraph 3, not being a course for entry to which a first degree (or equivalent qualification) is normally required.
(b) not higher than that of a first degree course, and for entry to which a first degree (or equivalent qualification) is not normally required. 1.Every applicant, eligible student, eligible part-time student and eligible postgraduate student must , as soon as reasonably practicable after he or she is requested to do so, provide the National Assembly with such information as the National Assembly considers it requires for the purposes of these Regulations. 2.Every applicant, eligible student, eligible part-time student and eligible postgraduate student must forthwith inform the National Assembly and provide it with particulars if any of the following occurs—
(b) he or she transfers to any other course at the same or at a different institution; (c) he or she ceases to undertake his or her course and does not intend to or is not permitted to continue it for the remainder of the academic year; (d) he or she is absent from his or her course for more than 60 days due to illness or for any period for any other reason; (e) the month for the start or completion of the course changes; (f) his or her home or term-time address or telephone number changes. 3.Information provided to the National Assembly under these Regulations must be in the format that the National Assembly requires and, if it requires the information to be signed by the person providing it, an electronic signature in such form as the National Assembly may specify satisfies such a requirement. Definitions 1.In this Schedule:—
(b) "financial year" ("blwyddyn ariannol") means the period of twelve months in respect of which the income of a person whose residual income is calculated under the provisions of this Schedule is computed for the purposes of the income tax legislation which applies to it; (c) "household income" ("incwm yr aelwyd", "incwm aelwyd", "incwm sydd gan yr aelwyd") has the meaning given in paragraph 3; (d) "independent eligible student" ("myfyriwr annibynnol cymwys") has the meaning given in paragraph 2; (e) "independent old system student" ("myfyriwr cymwys dan yr hen drefn") means an eligible student—
(ii) who does not have a partner; (f) "Member State" ("Aelod-wladwriaeth") means a Member State of the European Union;
(ii) the civil partner of an eligible student; (iii) a person ordinarily living with an eligible student as if he or she were his or her spouse where an eligible student falls within paragraph 2(a) and he begins the designated course on or after 1 September 2000; (iv) a person ordinarily living with an eligible student as if he or she were his or her civil partner where an eligible student falls within paragraph 2(a) and he or she begins the designated course on or after 1st September 2005; (k) "partner" ("partner") in relation to the parent of an eligible student means any of the following other than another parent of the eligible student—
(ii) the civil partner of an eligible student's parent; (iii) a person ordinarily living with the parent of an eligible student as if he or she were his or her spouse; (iv) a person ordinarily living with the parent of an eligible student as if he or she were the parent's civil partner; (l) "preceding financial year" ("blwyddyn ariannol flaenorol") means the financial year immediately preceding the relevant year;
(ii) the income tax legislation of another Member State which applies to the person's income; or (iii) where the legislation of more than one Member State applies to the period, the legislation under which the National Assembly considers the person will pay the largest amount of tax in that period (except as otherwise provided in paragraph 5). Independent eligible student
(b) he or she has been married or is in a civil partnership before the beginning of the relevant year, whether or not the marriage or civil partnership is still subsisting; (c) he or she has no parent living; (d) the National Assembly is satisfied that neither of his or her parents can be found or that it is not reasonably practicable to get in touch with either of them; (e) he or she has communicated with neither of his or her parents for the period of one year before the beginning of the relevant year or, in the opinion of the National Assembly, he or she can demonstrate on other grounds that he or she is irreconcilably estranged from his or her parents; (f) he or she has pursuant to an order of a competent court been in the custody or care of, or has been provided with accommodation by, any legal person who is not the student's parent throughout any three-month period ending on or after the date on which he or she attains the age of 16 and before the first day of his or her course ("the relevant period") (provided that he or she has not in fact at any time during the relevant period been under the charge or control of his or her parents); (g) his or her parents are residing outside the European Community and the National Assembly is satisfied that either—
(ii) it would not be reasonably practicable for those parents as a result of the calculation of any contribution under paragraph 8 to send any relevant funds to the United Kingdom; (h) paragraph 5(9) applies and the parent whom the National Assembly considered the more appropriate for the purposes of that paragraph has died (irrespective of whether the parent in question had a partner);
(ii) has had care of a person under 18 years of age at any time during the present course prior to the first day of the relevant year; (k) he or she has supported himself or herself out of his or her earnings for any period or periods ending before the first academic year of the course which periods together aggregate not less than three years, and for the purposes of this sub-paragraph he or she is treated as supporting himself or herself out of his or her earnings during any period which—
(ii) he or she was in receipt of benefit payable by any relevant authority in respect of a person who is available for employment but who is unemployed; (iii) he or she was available for employment and had complied with any requirement of registration imposed by a relevant authority as a condition of entitlement for participation in arrangements for training or receipt of benefit; (iv) he or she held a State Studentship or comparable award; (v) he or she received any pension, allowance or other benefit paid by any person by reason of a disability to which he or she is subject, or by reason of confinement, injury or sickness. Household income
(ii) in the case of a new eligible student who began his or her course on or after 1 September 2005, the residual income of the partner of the student's parent (provided that the National Assembly has selected that parent under paragraph 5(9)); (b) in the case of an independent eligible student who has a partner, the residual income of the eligible student aggregated with the residual income of the eligible student's partner (subject to sub-paragraph (4)); or (3) In determining the household income under sub-paragraph (2), the sum of £1,050 is deducted—
(b) for each child other than the eligible student wholly or mainly financially dependent on the eligible student's parent or the eligible student's parent's partner whose residual income is being taken into account. (4) For the purpose of calculating the contribution payable in respect of a parent student, the residual income of the parent student's partner is be aggregated under sub-paragraph (2)(b) in the case of a parent student whose child or whose partner's child holds an award—
(b) in respect of which a parental contribution is otherwise applicable with reference to the parent student or his or her partner. Calculation of eligible student's residual income
(b) the gross amount of any premium or other sum paid by the eligible student in relation to a pension (not being a pension payable under a policy of life insurance) in respect of which relief is given under section 273, 619 or 639 of the Income and Corporation Taxes Act 1988[67], or where the eligible student's income is computed for the purposes of the income tax legislation of another Member State, the gross amount of any such premium or sum in respect of which relief would be given if that legislation made provision equivalent to the Income Tax Acts. (2) Where the only paragraph from 1 to 8 of Schedule 1 into which an eligible student falls is paragraph 7 and his or her income arises from sources or under legislation different from sources or legislation normally relevant to a person referred to in paragraph 1 of Schedule 1, his or her income is not disregarded in accordance with sub-paragraph (1) but is instead disregarded to the extent necessary to ensure that he or she is treated no less favourably than a person who is referred to in any paragraph of Schedule 1 would be treated if in similar circumstances and in receipt of similar income.
(b) otherwise, the value of the sterling which the income would purchase using the rate for the month in which it is received published by the Office for National Statistics[68]. Calculation of parent's residual income
(b) pursuant to any enactment or rule of law under which payments which would otherwise under United Kingdom law form part of a person's income are not treated as such; or (c) under sub-paragraph (2). are not made or permitted.
(b) in any case where income is computed for the purposes of the Income Tax Acts by virtue of sub-paragraph (6) any sums equivalent to the deduction mentioned in sub-paragraph (a), provided that any sums so deducted do not exceed the deductions which would be made if the whole of the eligible student's parent's income were in fact income for the purposes of the Income Tax Acts; (c) in the case of a parent student or an eligible student's parent who holds a statutory award, £1,050. (3) Where the National Assembly is satisfied that the income of the parent in the financial year beginning immediately before the relevant year ("the current financial year") is, as a result of some event beyond his or her control, likely to be not more than 85 per cent. of the sterling value of his or her income in the preceding financial year it may, for the purpose of enabling the eligible student to attend the course without hardship, ascertain the household income for the current financial year.
(b) the income does not arise in the United Kingdom, or where the parent's income is computed as for the purposes of the income tax legislation of another Member State, does not arise in that Member State; or (c) the income arises from an office, service or employment, income from which is exempt from tax in pursuance of any legislation, his or her taxable income for the purposes of this Schedule is computed as though the income under this sub-paragraph were part of his or her income for the purposes of the Income Tax Acts or the income tax legislation of another Member State, as the case may be.
(b) where the parent dies during the relevant year, the aggregate of—
(ii) the appropriate proportion of the household income determined by reference to the income of the surviving parent, being the proportion in respect of that part of the relevant year remaining after the death of the other parent. (9) Where the National Assembly determines that the parents do not ordinarily live together throughout the relevant year, the household income is determined by reference to the income of whichever parent the National Assembly considers the more appropriate under the circumstances.
(b) the appropriate proportion of the household income determined otherwise in respect of the remainder of the relevant year. Calculation of eligible student's partner's residual income
(b) in any case where the eligible student is not an independent old system eligible student, in accordance with sub-paragraph (3). (2) The contribution payable in relation to an independent old system eligible student is,—
(b) in any case where the household income is less than £10,505, nil. (3) The contribution payable in relation to an old system eligible student who is not independent is—
(b) in any case where the household income is less than £22,560, nil. (4) The amount of the contribution payable under sub-paragraph (2) or (3) must in no case exceed £7,430.
(b) the contribution which would have been payable if only one eligible student held an award. (6) This sub-paragraph applies where a contribution is payable in relation to—
(b) two or more independent eligible students each with a partner in respect of the same household income. Calculation of contribution- new system students
(b) in any case where the household income is £37,900 or less, nil. (2) The contribution must not in any case exceed £7,430.
(b) the contribution which would have been payable if only one eligible student held an award. (4) This sub-paragraph applies where a contribution is payable in relation to—
(b) two or more independent eligible students who are each with a partner in respect of the same household income. Split contributions
(ii) the eligible student's parent; or (iii) the eligible student's parent's partner, the contribution payable in respect of the eligible student is such proportion of any contribution calculated under paragraph 8 or 9 as the National Assembly after consultation with any other authority involved considers just taking into account the application of paragraph 7 of this Schedule to new eligible students and existing students respectively;
(ii) then, in increasing order of size, in relation to each remaining statutory award to which the contribution may apply, until the balance of the contribution can be apportioned equally without any part of it remaining or until there remains no part of any statutory award to which the contribution has not been applied. (2) In any case where—
(b) a contribution taking into account the residual income of that parent is payable in relation to more than one eligible student who is the child of either that parent or his or her partner; and (c) the amount payable in relation to each eligible student is not equal to the amount payable in respect of every other eligible student, the contribution in respect of each eligible student is calculated under sub-paragraph (3).
(b) there is then applied in addition in respect of each eligible student a further contribution of £1 for every complete £9.50 by which the sum calculated under sub-paragraph (c) exceeds £22,560; (c) the sum referred to in sub-paragraph (b) is the aggregate of any amounts calculated under paragraphs 4, 5 and 7 (where appropriate) of this Schedule with the deduction of the amount (if any) by which the aggregate of the amounts calculated under paragraphs 5 and 7 exceeds £22,560. (5) Subject to sub-paragraph (6), there is added to a parent student's residual income for the purpose of calculating the contribution to his or her statutory award any sum remaining—
(b) where a parent student is the parent of more than one eligible student, any sum remaining after the apportionment of the contribution to his or her children under this paragraph. (6) Where a parent student has a partner within paragraph 1(k) of this Schedule, the sums added to his or her residual income under sub-paragraph (5) of this paragraph are calculated as though the contribution in respect of his or her children had been assessed taking into account the income of the parent's partner under paragraph 7, whether or not the contribution was actually calculated on that basis. (This note is not part of the Regulations) These Regulations provide for financial support for students who are ordinarily resident in Wales taking designated higher education courses in respect of the academic year beginning on or after 1 September 2006. These Regulations revoke the Education (Student Support) Regulations 2005 in so far as they apply in relation to Wales. Regulation 3 sets out the extent of the revocation. Changes of substance made in these Regulations other than rates of grants and loans are described below. The Regulations introduce a distinction between old system eligible students and new system eligible students (regulation 2(1)) in relation to financial support to students for full-time courses. Old system eligible students are eligible students attending courses that have started before 1 September 2006 and gap-year students starting courses before 1 September 2007, and certain other categories of student. The following grants and loans are available to old system eligible subject to the specified conditions—
A new system eligible student is an eligible student who starts their course on or after 1 September and who is not an old system eligible student. The following grants and loans are available to new system eligible students, subject to the specified conditions—
To qualify for financial support a student must fall within one of the categories listed in Schedule 1 and the eligibility provisions in Part 2. The regulations apply to students ordinarily resident in Wales wherever they study on a designated course. For the purposes of these Regulations a person who is ordinarily resident in Wales, England, Scotland, Northern Ireland, the Channel Islands or the Isle of Man as a result of having moved from one of those areas for the purpose of undertaking his or her course is considered ordinarily resident in the place from which that person moved (regulation 2(2)).
Regulation 30 makes for a special support grant for new system eligible students who are also eligible for Income Support and other means tested benefits such as Housing Benefit. The maximum amount of special support grant available is the same as the maximum of maintenance grant available. Students eligible for the special support grant are not eligible for the maintenance grant. The special support grant is not substituted for any part of the maintenance loan. Notes: [1]1998 c. 30; section 22 was amended by the Learning and Skills Act 2000 (c.21), section 146 and Schedule 11, the Income Tax (Earnings and Pensions) Act 2003 (c.1), Schedule 6, the Finance Act 2003 (c. 14), section 147 and the Higher Education Act 2004 (c.8), section 42. Section 42 and section 43 were amended by the Education Act 2002 (c.32), Schedule 12. The functions of the Secretary of State were transferred to the National Assembly for Wales by section 44 of the Higher Education Act 2004 (Higher Education Act 2004 (Commencement No. 2 and Transitional Provision) (Wales) Order 2005 (S.I. 2005/1833 (W.149)(c.79)).back [2]1962 c.12; sections 1 to 4 and Schedule 1 were substituted by the provisions set out in Schedule 5 to the Education Act 1980 (c.20). Section 1(3)(d) was amended by the Education (Grants and Awards) Act 1984 (c. 11), section 4. Section 4 was amended by the Education Act 1994 (c. 30), Schedule 2, paragraph 2. The entire Act was repealed by the Teaching and Higher Education Act 1998 (c. 30), section 44(2) and Schedule 4, subject to the transitional provisions and savings set out in the Teaching and Higher Education Act 1998 (Commencement No. 4 and Transitional Provisions) Order 1998 (S.I. 1998/3237), article 3.back [3]S.I. 1998/2003.back [4]S.I. 1999/496, amended by S.I. 1999/2266 and S.I. 2000/1120.back [5]S.I. 2000/1121, amended by S.I. 2000/1490, S.I. 2000/2142 and S.I. 2000/2912.back [6]S.I. 2001/951, amended by S.I. 2001/1730, S.I. 2001/2355 and S.I. 2002/174.back [7]S.I. 2002/195, amended by S.I. 2002/1318, S.I. 2002/2088 and S.I. 2002/3059.back [8]S.I. 2002/3200.back [9]S.I. 2003/1065.back [10]S.I. 2003/3280.back [11]S.I. 2004/161.back [12]S.I. 2004/1602.back [13]S.I. 2004/2041.back [14]S.I. 2004/2598.back [15]S.I. 2005/5.back [16]S.I. 2005/52 as amended by S.I. 2005/1341 and S.I. 2005/2084.back [17]Cm 2073.back [18]Cm 2183.back [19]S.I. 2004/1729 (W.173).back [20]This body was originally established under section 1 of the Education Act 1994 (c.30) as the Teacher Training Agency. By virtue of section 74 of the Education Act 2005 (c.18), it continues in existence but is to be known instead as the Training and Development Agency for Schools.back [21]1968 c. 46; section 63 was amended by the National Health Service (Scotland) Act 1972 (c. 58), Schedule 7, the National Health Service Reorganisation Act 1973 (c. 32), Schedules 4 and 5, the National Health Service Act 1977 (c. 49), Schedules 15 and 16, the National Health Service (Scotland) Act 1978 (c. 29), Schedules 16 and 17, the Local Government Act 1985 (c. 51), Schedule 17, the Health and Medicines Act 1988 (c. 49), section 20, section 25(2) and Schedule 3, the Local Government (Scotland) Act 1994 (c. 39), Schedule 13, the Health Authorities Act 1995 (c. 17), Schedule 1, the Local Government Reorganisation (Wales) (Consequential Amendments No. 2) Order 1996 (S.I. 1996/1008), the National Health Service (Primary Care) Act 1997 (c. 46), Schedule 2, the Health Act 1999 (c. 8), Schedule 4, the Health and Social Care Act 2001 (c. 15), Schedule 5, the National Health Service Reform and Health Care Professions Act 2002 (c. 17), Schedules 2, 5 and 9, the National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc Provisions) Regulations 2002 (S.I. 2002/2469), Schedule 1, the Health and Social Care (Community Health and Standards) Act 2003 (c. 43), Schedules 4, 11 and 14, the Health and Social Care (Community Health and Standards) Act 2003 Commencement (No. 2) Order 2004 (S.I. 2004/288), article 7, the Health and Social Care (Community Health and Standards) Act 2003 (Commencement No. 1) (Wales) Order 2004 (S.I. 2004/480), article 6 and the Primary Medical Services (Scotland) Act 2004 (Consequential Modifications) Order 2004 (S.I. 2004/957), the Schedule.back [22]S.I. 1972/1265 (N.I. 14).back [23]S.I. 2003/1994, amended by S.I. 2004/1038 and S.I. 2004/1792.back [24]2002 c. 32.back [25]Cmnd. 9171.back [26]Cmnd. 3906 (out of print; photocopies are available, free of charge, from the Student Support Division, Department for Education and Skills, Mowden Hall, Staindrop Road, Darlington DL3 9BG).back [27]1980 c. 44; section 73(f) was amended by the Teaching and Higher Education Act 1998 (c. 30), section 29(1) and the Education (Graduate Endowment and Student Support) (Scotland) Act 2001 (asp6), section 3(2) and section 74 was amended by the Self Governing Schools etc. (Scotland) Act 1989 (c. 39), Schedule 10, paragraph 8(17). The functions of the National Assembly were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).back [28]1990 c. 6; repealed by the Teaching and Higher Education Act 1998 (c. 30), Schedule 4.back [29]S.I. 1990/1506 (N.I. 11), amended by S.I. 1996/1274 (N.I. 1), Article 43 and Schedule 5 Part II, S.I. 1996/1918 (N.I. 15), Article 3 and the Schedule and S.I. 1998/258 (N.I. 1), Articles 3 to 6.back [30]S.I. 1998/1760 (N.I. 14).back [31]Cm. 4904.back [32]S.I. 1998/1166, amended by S.I. 1998/1972.back [33]1971 c. 77; amended by the British Nationality Act 1981 (c.61), section 39 and Schedule 4.back [34]OJ No L257, 19.10. 1968, p 2 (OJ/SE 1968 (II) p 475).back [35]S.I. 1992/580, amended by S.S.I. 2002/423 and S.S.I. 2003/401.back [36]1992 c.13; section 65(3A) was inserted by the Teaching and Higher Education Act 1998 (c.30), section 27.back [37]"fees" ("ffioedd") is defined in section 28(1) of the Teaching and Higher Education Act 1998 (c.30).back [38]ERASMUS is part of the European Community action programme SOCRATES; OJ No L28, 3.2.2000, p1.back [39]ERASMUS is part of the European Community action programme SOCRATES; OJ No L28, 3.2.2000, p1.back [40]1977 c. 49; section 8 was amended by the National Health Service Reform and Health Care Professions Act 2002 (c.17), section 1(2).back [41]Section 11 was amended by the Health Authorities Act 1995 (c. 17), section 2 and Schedule 1, paragraph 2 and the Health Act 1999 (c. 8), Schedule 4, paragraph 6.back [42]Section 16BA was inserted by the National Health Service Reform and Health Care Professions Act 2002, section 6(1).back [43]1978 c. 29.back [44]S.I. 1972/1265 (N.I. 14).back [45]1996 c. 56; section 312 was amended by the Education Act 1997 (c. 44), Schedule 7, paragraph 23, the Schools Standards and Framework Act 1998 (c.31), section 140, Schedule 30, paragraph 71 and Schedule 31 and the Learning and Skills Act 2000 (c.21), Schedule 9, paragraph 56.back [46]2002 c.21.back [47]O.S. 1999/3110.back [48]1989 c. 41; section 79F was inserted by the Care Standards Act 2000 (c.14).back [49]1992 c.4.back [50]2002 c.38.back [51]1989 c.41.back [52]S.I. 1980/51, amended by S.I. 1989/596 and S.I. 1999/3177.back [53]1974 c. 39.back [54]S.I. 1992/580, amended by S.S.I. 2002/423 and S.S.I. 2003/401.back [55]S.I. 1998/1760 (N.I. 14).back [56]1980 c.44; section 73(f) was amended by the Teaching and Higher Education Act 1998 (c. 30), section 29(1) and the Education (Graduate Endowment and Student Support) (Scotland) Act 2001 (asp6), section 3(2) and section 74 was amended by the Self Governing Schools etc. (Scotland) Act 1989 (c. 39), Schedule 10, paragraph 8(17). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).back [57]1992 c. 13; section 65(3A) was inserted by the Teaching and Higher Education Act 1998 (c. 30), section 27.back [58]1992 c. 4; Part VII was amended by the Housing Act 1991 (c. 52), Schedule 19, the Local Government Finance Act 1992 (c. 14), Schedule 9 and Schedule 14, the Jobseekers Act 1995 (c. 18), Schedule 2 and Schedule 3, the Welfare Reform and Pensions Act 1999 (c. 30), Schedule 8 and the State Pension Credit Act 2002 (c. 16), Schedule 2 and Schedule 3.back [59]1995 c. 18; Part I was amended by the Employment Rights Act 1996 (c. 18), Schedule 1, the Social Security Act 1998 (c. 14), Schedules 7 and 8, the Welfare Reform and Pensions Act 1999 (c. 30), Schedules 7, 8 and 13, the State Pension Credit Act 2002 (c. 16), Schedule 2, the National Insurance Contributions Act 2002 (c. 19), Schedule 1 and the Income Tax (Earnings and Pensions) Act 2003 (c. 18), Schedule 6.back [60]1973 p. 50; diwygiwyd adran 2 fel y'u hamnewidiwyd gan Ddeddf Cyflogaeth 1988 (p. 19) gan Ddeddf Cyflogaeth 1989 (p. 38), Atodlen 7. Mewnosodwyd is-adrannau (3A) a (3B) gan Ddeddf Diwygio Undebau Llafur a Hawliau Cyflogaeth 1993 (p. 19), adran 47 mewn perthynas â'r Alban yn unig.back [61]S.I. 1992/580, amended by S.S.I 2002/423 and S.S.I 2003/401.back [62]2000 c.14.back [63]1992 c.13; section 65(3A) was inserted by the Teaching and Higher Education Act 1998 (c.30), section 27.back [64]1998 c.38.back [65]1971 c. 77; amended by the British Nationality Act 1981 (c. 61), section 39 and Schedule 4.back [66]OJ No. L257, 19.10.1968, p 2 (OJ/SE 1968 (II) p 475).back [67]1988 c. 1; section 273 was amended by the Finance Act 1988 (c. 39), Schedule 3, paragraph 10. Amendments to section 273 made by the Finance Act 2004 (c. 12), section 281 and Schedule 35 do not come into force until 6th April 2006. Section 619 was amended by the Finance Act 1989 (c. 26), section 170 and the Finance Act 1996 (c. 8), section 135 and Schedule 21. Section 639 was amended by the Finance Act 2000 (c. 17), Schedule 13. Sections 619 and 639 are repealed by the Finance Act 2004, section 326 and Schedule 42 with effect from 6th April 2006 subject to the transitional provisions and savings in Schedule 36 to the Finance Act 2004.back [68]"Financial Statistics" (ISSN 0015-203X).back [69]S.I 2003/1994, amended by S.I. 2004/1038 and S.I. 2004/1792.back [70]1968 c. 46; section 63 was amended by the National Health Service (Scotland) Act 1972 (c. 58), Schedule 7, the National Health Service Reorganisation Act 1973 (c. 32), Schedules 4 and 5, the National Health Service Act 1977 (c. 49), Schedules 15 and 16, the National Health Service (Scotland) Act 1978 (c. 29), Schedules 16 and 17, the Local Government Act 1985 (c. 51), Schedule 17, the Health and Medicines Act 1988 (c. 49), section 20, section 25(2) and Schedule 3, the Local Government (Scotland) Act 1994 (c. 39), Schedule 13, the Health Authorities Act 1995 (c. 17), Schedule 1, the Local Government Reorganisation (Wales) (Consequential Amendments No. 2) Order 1996 (S.I. 1996/1008), the National Health Service (Primary Care) Act 1997 (c. 46), Schedule 2, the Health Act 1999 (c. 8), Schedule 4, the Health and Social Care Act 2001 (c. 15), Schedule 5, the National Health Service Reform and Social Care Professions Act 2002 (c. 17), Schedules 2, 5 and 9, the National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc Provisions) Regulations 2002 (S.I. 2002/2469), Schedule 1, the Health and Social Care (Community Health and Standards) Act 2003 (c. 43), Schedules 4, 11 and 14, the Health and Social Care (Community Health and Standards) Act 2003 Commencement (No. 2) Order 2004 (S.I. 2004/288), article 7, the Health and Social Care (Community Health and Standards) Act 2003 (Commencement No. 1) (Wales) Order 2004 (S.I. 2004/480), article 6 and the Primary Medical Services (Scotland) Act 2004 (Consequential Modifications) Order 2004 (S.I. 2004/957), the Schedule.back ISBN0 11 091256 X -- Back--
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