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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) 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 |