The Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2006

© Crown Copyright 2006

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Badge of Wales may be reproduced only where it is an integral part of the original document.

The text of this Internet version of the Statutory Instrument has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2006, ISBN 011091256X. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

"the 1962 Act" ("Deddf 1962") means the Education Act 1962[2];

"the 1998 Regulations" ("Rheoliadau 1998") means the Education (Student Support) Regulations 1998[3];

"the 1999 Regulations" ("Rheoliadau 1999") means the Education (Student Support) Regulations 1999[4];

"the 2000 Regulations" ("Rheoliadau 2000") means the Education (Student Support) Regulations 2000[5];

"the 2001 Regulations" ("Rheoliadau 2001") means the Education (Student Support) Regulations 2001[6];

"the 2002 Regulations" ("Rheoliadau 2002") means the Education (Student Support) Regulations 2002[7];

"the 2003 Regulations" ("Rheoliadau 2003") means the Education (Student Support) (No. 2) Regulations 2002[8] as amended only by the Education (Student Support) (No. 2) Regulations 2002 (Amendment) Regulations 2003[9] and the Education (Student Fees and Support) (Switzerland) Regulations 2003[10];

"the 2004 Regulations" ("Rheoliadau 2004") means the 2003 Regulations as amended by the Education (Student Support) (No. 2) Regulations 2002 (Amendment) Regulations 2004[11], the Education (Student Support) (No. 2) Regulations 2002 (Amendment) (No. 2) Regulations 2004[12], the Education (Student Support) (No. 2) Regulations 2002 (Amendment) (No. 3) Regulations 2004[13], the Education (Student Support) (No. 2) Regulations 2002 (Amendment) (No. 4) Regulations 2004[14] and the Education (Student Support) (No. 2) Regulations 2002 (Amendment) Regulations 2005[15];

"the 2005 Regulations" ("Rheoliadau 2005") means the Education (Student Support) Regulations 2005[16] as amended by the Education (Student Support) (Amendment) Regulations 2005 and the Education (Student Support) (Amendment) (No. 2) Regulations 2005.

"academic authority" ("awdurdod academaidd") means, in relation to an institution, the governing body or other body having the functions of a governing body and includes a person acting with the authority of that body;

"academic year" ("blwyddyn academaidd") means the period of twelve months beginning on 1 January, 1 April, 1 July or 1 September of the calendar year in which the academic year of the course in question begins according to whether that academic year begins on or after 1 January and before 1 April, on or after 1 April and before 1 July, on or after 1 July and before 1 August or on or after 1 August and on or before 31 December, respectively;

"accelerated course" ("cwrs carlam") means a course which persons undertaking it are normally required by the institution providing it to attend (whether at premises of the institution or elsewhere) for a period of at least 40 weeks in the final year, being a course of two academic years' duration;

"the Act" ("Y Ddeddf") means the Teaching and Higher Education Act 1998;

"borrower" ("benthyciwr") means a person to whom a loan has been made;

"contribution" ("cyfraniad") means an eligible student's contribution calculated pursuant to regulation 45 and Schedule 4;

"course for the initial training of teachers" ("cwrs ar gyfer hyfforddiant cychwynnol athrawon") includes such a course leading to a first degree unless otherwise specified and excludes an employment-based teacher training scheme;

"designated course" ("cwrs dynodedig") means a course designated by regulation 5 or by the National Assembly under regulation 5;

"designated part-time course" ("cwrs rhan amser dynodedig") means a course designated by regulation 51 or by the National Assembly under regulation 51;

"designated postgraduate course" ("cwrs ôl-raddedig dynodedig") means a course designated by regulation 63 or by the National Assembly under regulation 63;

"EEA Agreement" ("Cytundeb yr AEE") means the Agreement on the European Economic Area signed at Oporto on 2 May 1992[17] as adjusted by the Protocol signed at Brussels on 17 March 1993[18];

"EEA migrant worker" ("gweithiwr mudol yr AEE") has the meaning given in paragraph (5);

"electronic signature" ("llofnod electronig") is so much of anything in electronic form as—

(a) is incorporated into or otherwise logically associated with any electronic communication or electronic data; and

(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;

"eligible part-time student" ("myfyriwr rhan-amser cymwys") has the meaning given in regulation 50;

"eligible postgraduate student" ("myfyriwr ôl-raddedig cymwys") has the meaning given in regulation 62;

"eligible student" ("myfyriwr cymys") has the meaning given in regulation 4;

"employment-based teacher training scheme" ("cynllun hyfforddi athrawon ar sail cyflogaeth") means a scheme established by the National Assembly for the purpose of regulation 8 of the Education (School Teachers' Qualifications) (Wales) Regulations 2004 [19] whereby a person may undertake initial teacher training in order to obtain qualified teacher status while being employed to teach at a maintained school, an independent school or other institution except a pupil referral unit;

"end-on course" ("cwrs pen-ben") means—

(a) a full-time first degree course (other than a first degree course for the initial training of teachers) which, disregarding any intervening vacation, a student begins to attend immediately after ceasing to attend a full-time course mentioned in paragraph 2 or 3 of Schedule 2 for which the student received or was entitled to receive a transitional award, a loan under the 1998 Regulations or support under the 1999, 2000, 2001, 2002, 2003, 2004 or 2005 Regulations;

(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;

"European Community" ("Y Gymuned Ewropeaidd") means the territory comprised by the Member States of the European Community as constituted from time to time;

"European Economic Area" ("Ardal Economaidd Ewropeaidd") means the European Community and the area comprised by the Republic of Iceland, the Kingdom of Norway and the Principality of Liechtenstein;

"flexible postgraduate ITT course" ("cwrs HCA hyblyg i ôl-raddedigion") means a postgraduate course of initial teacher training, the length and pattern of which is determined by reference to the eligible student's experience and training requirements and which has been approved by the Training and Development Agency for Schools [20];

"former Metropolitan Police District" ("cyn ardal yr Heddlu Metropolitanaidd") means—

(a) Greater London, excluding the city of London, the Inner Temple and the Middle Temple;

(b) in the county of Essex, in the district of Epping Forest—


     the area of the former urban district of Chigwell,

     the parish of Waltham Abbey;



(c) in the county of Hertfordshire—



     in the borough of Broxbourne, the area of the former urban district of Cheshunt,

     the district of Hertsmere,

     in the district of Welwyn Hatfield, the parish of Northaw; and



(d) in the county of Surrey—



     in the borough of Elmbridge, the area of the former urban district of Esher,

     the boroughs of Epsom and Ewell and Spelthorne,

     in the district of Reigate and Banstead, the area of the former urban district of Banstead;

"healthcare bursary" ("bwrsari gofal iechyd") means a bursary or award of similar description under section 63 of the Health Services and Public Health Act 1968[21] or Article 44 of the Health and Personal Social Services (Northern Ireland) Order 1972[22];

"higher education course" ("cwrs addysg uwch") means a course referred to in Schedule 2 or a postgraduate or other course the standard of which is higher than the standard of a first degree course;

"household income" ("incwm yr aelwyd, incwm aelwyd ac incwm sydd gan yr aelwyd") has the meaning given in Schedule 4;

"Islands" ("Ynysoedd") means the Channel Islands and the Isle of Man;

"loan"("benthyciad"), except where otherwise indicated, means a loan towards a student's maintenance or course fees pursuant to any regulations made under section 22 of the Act, including the interest accrued on the loan and any penalties or charges incurred in connection with it;

"maintained school" ("ysgol a gynhelir") means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school;

"National Assembly" ("y Cynulliad Cenedlaethol") means the National Assembly for Wales;

"new system eligible student" ("myfyriwr cymwys dan y drefn newydd") means an eligible student who starts the current course on or after 1 September 2006 and who is not an old system eligible student;

"old award" ("hen ddyfarniad") is an award within the meaning of the Education (Mandatory Awards) Regulations 2003[23];

"old system eligible student" ("myfyrwyr cymwys dan yr hen drefn") means an eligible student who—

(a) started the current course before 1 September 2006,

(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;

"periods of work experience" ("cyfnodau o brofiad gwaith") means—

(a) periods of industrial, professional or commercial experience associated with full-time study at an institution but at a place outside that institution;

(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);

"present course" ("cwrs presennol") means the designated course in respect of which a person is applying for support;

"private institution" ("sefydliad preifat") means an institution which is not publicly funded;

"public funds" ("cronfeydd cyhoeddus") means moneys provided by Parliament including funds provided by the National Assembly for Wales;

"publicly-funded" ("a ariennir yn gyhoeddus") means maintained or assisted by recurrent grants out of public funds and related expressions are to be interpreted accordingly;

"qualified teacher" ("athro neu athrawes gymwysiedig") has the meaning given in section 132(1) of the Education Act 2002[24];

"quarter" ("chwarter") in relation to an academic year means a period in that year—

(a) beginning on 1 January and ending on 31 March;

(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;

"refugee" ("ffoadur") means a person who is recognised by Her Majesty's government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28 July 1951[25] as extended by the Protocol thereto which entered into force on 4 October 1967[26] and any reference to the child of a refugee includes a reference to a step-child;

"Research Council" ("Cyngor Ymchwil") means any of the following research councils—

(a) Arts and Humanities Research Council,

(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;

"sandwich course" ("cwrs rhyngosod") has the meaning given in paragraph (6);

"Scottish healthcare allowance" ("lwfans gofal iechyd yr Alban") means any allowance under sections 73(f) and 74(1) of the Education (Scotland) Act 1980[27] granted in respect of a person attending a course leading to a qualification in a healthcare profession other than as a medical doctor or dentist;

"statutory award" ("dyfarniad statudol") means any award bestowed, grant paid or other support provided by virtue of the Act or the 1962 Act, or any comparable award, grant or other support in respect of undertaking a course which is paid out of public funds;

"student loan account number" ("Rhif cyfrif benthyciad myfyiwr") means the account number assigned by the lender to a loan made under the student loans legislation;

"student loans legislation" ("y ddeddfwriaeth ar fenthyciadau i fyfyrwyr") means the Education (Student Loans) Act 1990[28], the Education (Student Loans) (Northern Ireland) Order 1990[29], the Education (Scotland) Act 1980 and regulations made thereunder, the Education (Student Support) (Northern Ireland) Order 1998[30] and regulations made thereunder or the Act and regulations made thereunder;

"support" ("cymorth") means financial support by way of grant or loan made by the National Assembly pursuant to regulations made under section 22 of the Act;

"Switzerland Agreement" ("Cytundeb y Swistir") means the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the Free Movement of Persons signed at Luxembourg on 21 June 1999[31] and which came into force on 1 June 2002;

"transitional award" ("dyfarniad trosiannol") means an award made under the Education (Mandatory Awards) Regulations 1998[32] other than an old award;

"type 1 teacher training student" ("myfyriwr math 1 ar gwrs hyfforddi athrawon") means a new system eligible student on a course for the initial training of teachers (other than a course for a first degree) whose periods of full-time attendance (including attendance for the purpose of teaching practice) in the academic year in respect of which he or she is applying for support are in aggregate at least 6 weeks but less than 10 weeks; and

"type 2 teacher training student" ("myfyriwr math 2 ar gwrs hyfforddi athrawon") means a new system eligible student on a course for the initial training of teachers (other than a course for a first degree) whose periods of full-time attendance (including attendance for the purpose of teaching practice) in the academic year in respect of which he or she is applying for support are in aggregate 10 weeks or more.

    (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—

(a) his or her present course; or

(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.

    (3) For the purposes of these Regulations, including for the purpose of determining whether a person is settled in the United Kingdom within the meaning of the Immigration Act 1971[33], a person is treated as ordinarily resident in Wales, the United Kingdom and Islands or in the European Economic Area or Switzerland if he or she would have been so resident but for the fact that the person, the person's spouse or civil partner or the person's parent, guardian or any other person having parental responsibility for him or her or any person having care of him or her when the person is a child is or was temporarily employed outside Wales, the United Kingdom and Islands or, as the case may be, outside the European Economic Area or Switzerland and paragraph 9(c) of Schedule 1 does not apply in the case of such person. Without prejudice to the foregoing, members of the regular naval, military or air forces of the Crown shall be treated as being temporarily employed within the meaning of this paragraph for any period during which they serve outside the United Kingdom as members of such forces.

    (4) For the purposes of these Regulations, an area which—

(a) was previously not part of the European Community or the European Economic Area; but

(b) at any time before or after these Regulations come into force has become part of one or other or both of these areas,

is considered to have always been part of the European Economic Area.

    (5) In these Regulations, a reference to an EEA migrant worker is a reference to a person who is a national of a Member State of the European Economic Area or Switzerland who has taken up an activity as an employed person in the United Kingdom—

(a) under Council Regulation (EEC) No. 1612/68 on freedom of movement for workers within the Community[34], as extended by the EEA Agreement or the Switzerland Agreement; or

(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 —

(a) a course is a "sandwich course" ("gwrs rhyngosod") if—


(i) it is not a course referred to in paragraph 4 of Schedule 2;

(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

(c) where periods of full-time study and work experience alternate within any week of the course, the days of full-time study are aggregated with each other and with any weeks of full-time study in determining the number of weeks of full-time study in each year.

    (7) 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.

    (8) In these Regulations a "gap-year student" ("myfyriwr sy'n cymryd blwyddyn i ffwrdd") means an eligible student to whom paragraphs (9) or (10) apply and who starts a designated course ("the present course") on or after 1 September 2006.

    (9) This paragraph applies to an eligible student who

(a) had on or before 1 August 2005 received an offer, whether conditional on obtaining specified qualifications or not, of a place on the present course or a similar course, and

(b) starts the first academic year of the present course before 1 September 2007.

    (10) This paragraph applies to an eligible student—

(a) who had received an offer of a place on a designated course (whether or not at the same institution as the present course) the first academic year of which begins before 1 September 2006,

(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—

(a) it appears to the governing body of the institution providing the present course that the subject-matter of the course is in whole or in part the same as the subject-matter of the original course, and

(b) except where the original course is no longer being provided, the present course is provided by the institution which was to have provided the original course.

    (12) In these Regulations, the "specified designated course" ("y cwrs dynodedig a bennir") means the present course subject to paragraphs (13) and (14).

    (13) Where the student's status as an eligible student has been transferred to the present course as a result of one or more transfers of that status by the National Assembly from a course (the "initial course") in connection with which the National Assembly determined the student to be an eligible student pursuant to regulations made under section 22 of the Act, the specified designated course is the initial course.

    (14) Where the present course is an end-on course, the specified designated course is the course in relation to which the current course is an end-on course (the "preceding course"). Where the preceding course is itself an end-on course, the specified designated course is the course in relation to which the preceding course is an end-on course.

Revocation, savings and transitional provisions
     3. —(1) Subject to paragraphs (2) to (4), the following regulations are revoked in relation to Wales on 1 September 2006—

(a) the Education (Student Support) Regulations 2005;

(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.

    (3) The 2004 Regulations continue to apply to the provision of support to students in relation to an academic year which begins on or after 1 September 2004 but before 1 September 2005.

    (4) The 2005 Regulations continue to apply to the provision of support to students in relation to an academic year which begins on or after 1 September 2005 but before 1 September 2006.

    (5) These Regulations apply in relation to the provision of support to students in relation to an academic year which begins on or after 1 September 2006 whether anything done under these Regulations is done before, on or after 1 September 2006.

    (6) Notwithstanding any other provision in these Regulations where—

(a) a person attends a course in respect of which a transitional award was bestowed on him or her; or

(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.

    (7) Notwithstanding any other provision in these Regulations, where any person received or was eligible to receive a loan in relation to an academic year of a course under the 1998 Regulations he or she is an old system eligible student for the purposes of Part 7 in connection with the course, or any subsequent designated course which (disregarding any intervening vacation) he or she starts immediately after ceasing that course, but unless paragraph (6) applies he or she qualifies for support by way of grant under Parts 4 and 6 only if he or she is an eligible student under these Regulations and if he or she satisfies the relevant qualifying conditions for support under Parts 4, 5 and 6.

(a) an old award has been bestowed on that person in respect of the person's attendance on the course;

(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—


(i) a healthcare bursary the amount of which is not calculated by reference to the person's income; or

(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;

(e) the person has reached the age of 18 and has not ratified any agreement for a loan made with them when they were under the age of 18; or

(f) the person has, in the opinion of the National Assembly, shown themselves by their conduct to be unfitted to receive support.

    (4) For the purposes of paragraphs (3)(d) and (3)(e), "loan" ("benthyciad") means a loan made under the student loans legislation.

    (5) In a case where the agreement for a loan is subject to the law of Scotland, paragraph (3)(e) only applies if the agreement was made—

(a) before 25 September 1991, and

(b) with the concurrence of the borrower's curator or at a time when 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—

(a) more than one designated course;

(b) a designated course and a designated part-time course;

(c) a designated course and a designated postgraduate course.

    (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).

    (8) The conditions in this paragraph are—

(a) the person qualified as an eligible student in connection with an earlier academic year of the present designated course pursuant to regulations made under section 22 of the Act;

(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—

(a) the present course is an end-on course which the person is starting on or after 1 September 2006;

(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—

(a) the National Assembly has previously determined that the person is—


(i) an eligible part-time student in connection with a designated part-time course; or

(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;

(c) the person was ordinarily resident in Wales on the first day of the first academic year of the course in sub-paragraph (a); and

(d) the person's status as an eligible student has not terminated.

Designated courses
     5. —(1) Subject to paragraph (2), a course is a designated course for the purposes of section 22(1) of the Act and regulation 4 if it is—

(a) mentioned in Schedule 2;

(b) one of the following—


(i) a full-time course;

(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

(d) wholly provided by a publicly-funded educational institution or institutions in the United Kingdom or provided by such an institution or institutions in conjunction with an institution or institutions outside the United Kingdom.

    (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.

    (3) For the purposes of paragraph (1)—

(a) a course is provided by an institution if it provides the teaching and supervision which comprise the course, whether or not the institution has entered into an agreement with the student to provide the course;

(b) a university and any constituent college or institution in the nature of a college of a university is regarded as publicly funded if either the university or the constituent college or institution is publicly funded; and

(c) an institution is not regarded as publicly funded by reason only that it receives public funds from the governing body of a higher education institution in accordance with section 65(3A) of the Further and Higher Education Act 1992[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—

(a) the course may lead to another degree or qualification being conferred before the degree or equivalent qualification; and

(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.

    (6) For the purposes of section 22 of the Act and regulation 4(1) the National Assembly may designate courses of higher education which are not designated under paragraph (1).

Period of eligibility
     6. —(1) An eligible student retains his or her status as an eligible student for the duration of the period of eligibility.

    (2) Subject to the following paragraphs, the "period of eligibility" terminates at the end of the academic year in which the student completes the designated course.

    (3) Despite paragraph (1), a new system eligible student or gap-year student who has not attended a previous course 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 OD+R+1.

    (4) Despite paragraph (1), a new system eligible student or gap-year student who has attended a previous course is only eligible for grants or loans for fees and grants for living costs in respect of the present course for the number of academic years equal to (OD+R+1)−PC, except that—

(a) no deduction equivalent to PC applies in the case of a teacher training student; and

(b) one additional year is added in the case of an eligible student who did not complete successfully the latest previous course because of compelling personal reasons.

    (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.

    (6) Despite paragraph (1) and subject to paragraphs (7), a transferring 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.

    (7) A transferring student starting the first full academic year of a further course to which he or she transfers under regulation 8 after 1 September 2006 is only eligible for a grant or loan for fees or a grant for living costs in respect of the further course for the number of years equal to (A+R+1)−Y−Z.

    (8) In any case where the number of academic years for which a grant or loan for fees or a grant for living costs is available in accordance with this regulation is less than the number of academic years that make up the period ordinarily required for the completion of the present course, the academic years in which he or she is eligible for a grant or loan for fees or a grant for living costs are the latest years of the present course.

    (9) In this regulation—

(a) A is the number of academic years from 31 August 2006 that make up the period ordinarily required for the completion of the present course or, in the case of a transferring student, the previous course;

(b) 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

    (11) The National Assembly may, at any time, renew or extend the period of eligibility for such further period as it determines.

    (12) The National Assembly may confer eligibility to grants and loans for fees and grants for living costs otherwise than in accordance with paragraphs (3) to (9).

    (13) The period of eligibility terminates when the eligible student—

(a) withdraws from the student's designated course in circumstances where the National Assembly has not converted or will not convert the student's status as an eligible student under regulation 58(1); or

(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.

    (15) If the National Assembly is satisfied that an eligible student has failed to comply with any requirement to provide information under these Regulations or has provided information which is inaccurate in a material particular, the National Assembly may take such of the following actions as it considers appropriate in the circumstances—

(a) terminate the period of eligibility;

(b) determine that the student no longer qualifies for any particular support or particular amount of support;

(c) treat any support paid to the student as an overpayment which may be recovered under regulation 49.

Previous study
     7. —(1) Subject to paragraph (3), an eligible student who has attained an honours degree following attendance on a previous course does not qualify for a grant or loan for fees or a grant for living costs.

    (2) Subject to paragraphs (3) and (4), an eligible student who starts his or her course on or after 1 September 2006 does not qualify for a loan for living costs if he or she has attained an honours degree following attendance on a previous course.

    (3) Paragraphs (1) and (2) do not apply to an eligible student attending a course for the initial training of teachers where the ordinary duration of the course does not exceed 2 years (the ordinary duration of a part-time course being expressed as its full-time equivalent) and the eligible student is not a qualified teacher.

    (4) Paragraph (2) does not apply to an eligible student attending a course which leads to a qualification as a social worker, medical doctor, dentist, veterinary doctor, architect, landscape architect, landscape designer, town planner or town and country planner.

    (5) For the purposes of this regulation and regulation 6 a previous course is any course the student attended before the present course and which meets the conditions in paragraph (6).

    (6) The conditions referred to in paragraph (5) are that the course was a full-time higher education course provided by an institution in the United Kingdom and—

(a) that institution was publicly funded at the time the course was provided; or

(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—

(a) to have started the designated course on the same date as the eligible student in question;

(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
     8. —(1) Where an eligible student transfers to another course, the National Assembly must transfer the student's status as an eligible student to that course where—

(a) it receives a request from the eligible student to do so;

(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—

(a) on the recommendation of the academic authority the eligible student starts to attend another course at the institution;

(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.

    (4) The National Assembly may re-assess the amount of support payable after the transfer.

Information
     11. Schedule 3 applies to the provision of information.

(a) in relation to that year he or she is eligible to receive any payment under a healthcare bursary the amount of which is calculated by reference to his or her income;

(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—


(i) his or her course is a course referred to in regulation 5(1)(d); 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
     13. —(1) Subject to the following paragraphs, the amount of the grant for fees in respect of an academic year of a designated course at a publicly-funded institution is £1,200.

    (2) Subject to paragraphs (3) and (4) the amount of the grant for fees in respect of an academic year is £600 in the following cases—

(a) the final year of the course where that year is ordinarily required to be completed after less than 15 weeks' attendance;

(b) in respect of a sandwich course, an academic year—


(i) during which any periods of full-time study are in aggregate less than 10 weeks; or

(ii) if in respect of that academic year and any previous academic years of the course the aggregate of any one or more periods of attendance which are not periods of full-time study at the institution (disregarding intervening vacations) exceeds 30 weeks;



(c) in respect of a course for the initial training of teachers (including a course leading to a first degree), an academic year during which any periods of full-time study are in aggregate less than 10 weeks;

(d) in respect of a course provided in conjunction with an overseas institution, an academic year—



(i) during which the periods of full-time study at the institution in the United Kingdom are in aggregate less than 10 weeks; or

(ii) if in respect of that academic year and any previous academic years of the course the aggregate of any one or more periods of attendance which are not periods of full-time study at the institution in the United Kingdom (disregarding intervening vacations) exceeds 30 weeks; 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.

    (4) A deduction may be made from the grant for fees determined under paragraph (1) or (2) in accordance with regulation 46.

Amount of the grant for fees for a course at a private institution
     14. —(1) Subject to the following paragraphs, the amount of the grant for fees in respect of an academic year of a designated course at a private institution is £1,125.

    (2) Subject to paragraphs (4), (5) and (6), the amount of the grant for fees in respect of an academic year of a designated course at a private institution is £1,200 if—

(a) the designated course begins on or after 1 September 2001

(b) the designated course is provided on behalf of a publicly-funded institution; and

(c) none of the circumstances in regulation 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—

(a) the designated course begins on or after 1 September 2001;

(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.

    (5) In the case of a designated course at the Guildhall School of Music, the amount of the grant for fees in respect of an academic year is £4,355.

    (6) A deduction may be made from the grant for fees in accordance with regulation 46.

(a) in relation to that year he or she is eligible to receive any payment under a healthcare bursary the amount of which is calculated by reference to his or her income;

(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—


(i) his or her course is a course referred to in regulation 5(1)(d); 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
     16. —(1) Subject to paragraph (7), an old system eligible student qualifies in accordance with this regulation for a fee contribution loan in respect of the fees payable by him or her in respect of, or otherwise in connection with his or her attendance on a designated course.

    (2) Where an old system eligible student applies for a grant for fees and a fee contribution loan, the amount of the fee contribution loan in respect of an academic year of the designated course is the amount for which the student applies not exceeding the amount deducted from his or her grant for fees in accordance with regulation 46.

    (3) Where the only fee support for which an old system eligible student applies is a fee contribution loan, the amount of that loan in respect of an academic year of the designated course is the amount for which the student applies not exceeding £1,200 or, if any of the circumstances in regulation 13(2) apply, £600.

    (4) An old system eligible student may apply to borrow an additional amount of fee contribution loan where—

(i) the National Assembly determines that the maximum amount of fee contribution loan which has been notified to the student in relation to an academic year should be increased (including an increase from nil) as a result of a reassessment of the student's contribution or otherwise; and

(ii) the National Assembly considers that the increase in the maximum amount does not result from the old system eligible student—


(aa) failing to provide information promptly which might affect his or her ability to qualify for a fee contribution loan for which he or she qualifies; or

(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.

    (6) Where an old system eligible student has applied for a fee contribution loan of less than the maximum amount to which he is entitled in relation to the 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.

    (7) Paragraph (1) does not apply to an eligible student undertaking a course at a private institution or at Heythrop College.

Fee loans
     17. —(1) A new system eligible student qualifies in accordance with this regulation for a loan in respect of the fees payable by him or her in respect of, or otherwise in connection with his or her attendance on a designated course.

    (2) The amount of a fee loan in respect of an academic year of a designated course must not exceed the lesser of—

(a) £3,000 or, where one of the circumstances in paragraph (3) applies, £1,500; and

(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).

    (4) If the student's status as an eligible student is transferred from one designated course to another under these Regulations and one of the circumstances in paragraph (5) applies, the student may borrow an additional amount by way of fee loan in respect of the academic year of the course to which he or she transfers.

    (5) The circumstances are—

(a) the fees payable in respect of the academic year of the course to which the new system student transfers exceed the fees payable in respect of the academic year of the course from which the student has transferred; or

(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.

    (7) Where paragraph (5)(b) applies, the additional amount that the new system eligible student may borrow in respect of the academic year to which he or she transfers must not exceed the lesser of—

(a) £3,000 or, where one of the circumstances in regulation 13(2) applies, £1,500; and

(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.

(a) unpaid service in a hospital or in a public health service laboratory or with a primary care trust in the United Kingdom;

(b) unpaid service with a local authority in the United Kingdom acting in the exercise of their functions relating to the care of children and young persons, health or welfare or with a voluntary organisation providing facilities or carrying out activities of a like nature in the United Kingdom;

(c) unpaid service in the prison or probation and aftercare service in the United Kingdom;

(d) unpaid research in an institution in the United Kingdom or, in the case of a student attending an overseas institution as part of his or her course, in an overseas institution; or

(e) unpaid service with—


(i) a Health Authority or a Strategic Health Authority established pursuant to section 8 of the National Health Service Act 1977[40] or a Special Health Authority established pursuant to section 11 of that Act[41] or a Local Health Board established pursuant to section 16BA to that Act[42];

(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.

    (8) The events referred to in paragraph (7) are—

(a) the student's course becomes a designated course; or

(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
     19. —(1) An eligible student qualifies in accordance with this regulation for a grant to assist with the additional expenditure which the National Assembly is satisfied the student is obliged to incur in respect of his or her undertaking a designated course by reason of a disability to which the student is subject.

    (2) An eligible student does not qualify for a grant under this regulation unless the student undertakes the course in the United Kingdom.

    (3) Subject to the following paragraphs, the amount of grant under this regulation is the amount that the National Assembly considers appropriate.

    (4) The amount of the grant must not exceed—

(a) £12,135 in respect of an academic year for expenditure on a non-medical personal helper;

(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—


(i) within the United Kingdom for the purpose of attending the institution,

(ii) within or outside the United Kingdom for the purpose of attending, as a part of 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.

    (6) The maximum amount of grant under paragraphs (4)(a) and (4)(d) is £9,105 and £1,200, respectively where—

(a) an eligible student attends a course for the initial training of teachers; and

(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
     20. —(1) An eligible student qualifies for a grant under this regulation in connection with the student's attendance on a designated course if the conditions in paragraph (2) are satisfied.

    (2) The conditions referred to in paragraph (1) are—

(a) the eligible student is under the age of 21 on the first day of the course;

(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.

    (4) The maximum amount of grant is £100 for each week or part of a week in an academic year which—

(a) falls within the longest vacation taken; and

(b) during no part of which week the student attends his or her course.

Grants for dependants- general
     21. —(1) The grant for dependants consists of the following elements—

(a) adult dependants' grant;

(b) childcare grant;

(c) parents' learning allowance.

    (2) The qualifying conditions for each element and the amounts payable are set out in regulations 22 to 25.

    (3) A deduction may be made from any element of the grant for dependants in accordance with regulation 46.

Grants for dependants- adult dependants' grant
     22. —(1) An eligible student qualifies for an adult dependants' grant in connection with his or her attendance on a designated course in accordance with this regulation.

    (2) The adult dependants' grant is available in respect of either—

(a) the eligible student's partner; or

(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—

(a) £2,455; or

(b) where the person in respect of whom the eligible student is applying for adult dependants' grant is ordinarily resident outside the United Kingdom, such amount not exceeding £2,455 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—

(a) the eligible student's partner—


(i) is an eligible student; or

(ii) holds a statutory award; and



(b) account is taken of that partner's dependants in calculating the amount of support for which that partner qualifies or the payment to which he or she is entitled under the statutory award.

Grants for dependants- childcare grant
     23. —(1) An eligible student qualifies, in connection with his or her attendance on a designated course, for a grant in respect of childcare costs for each dependent child in accordance with this regulation.

    (2) Subject to paragraph (3), an eligible student qualifies for a childcare grant in respect of an academic year where childcare is provided by an approved or registered childcare provider if—

(a) the child is under the age of 15 immediately before the beginning of the academic year; or

(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].

    (4) Subject to paragraph (5), the basic amount of childcare grant for each week is—

(a) for one dependent child, 85 per cent. of the costs of the childcare, subject to a maximum amount of £175 per week; or

(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.

    (5) For the purposes of calculating the basic amount of childcare grant—

(a) a week runs from Monday to Sunday; and

(b) where a week in respect of which 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—

(a) the eligible student's partner—


(i) is an eligible student; or

(ii) holds a statutory award; and



(b) account is taken of that partner's dependants in calculating the amount of support for which that partner qualifies or the payment to which he or she is entitled under the statutory award.

    (7) In this regulation—

(a) "approved childcare provider" ("darparydd gofal plant wedi'i gymeradwyo") means a childcare provider within the meaning of the Tax Credit (New Category of Child Care Provider) Regulations 1999[47] who has been approved in accordance with those Regulations; and

(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
     24. —(1) An eligible student qualifies in connection with the student's attendance on a designated course for the parents' learning allowance if the student has one or more dependent children.

    (2) The amount of parents' learning allowance payable in respect of an academic year is calculated in accordance with regulation 25, the basic amount being £1,400.

Grants for dependants- calculations
     25. —(1) Subject to the following paragraphs, the amount payable in respect of a particular element of the grant for dependants for which the eligible student qualifies under regulations 22 to 24 is the amount of that element remaining after applying, until it is extinguished, an amount equal to (A− B) as follows and in the following order—

(a) to reduce the basic amount of the adult dependants' grant where the eligible student qualifies for that element under regulation 22;

(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.

    (3) Where (A−B) is equal to or exceeds the aggregate of the basic amounts of the elements of the grant for dependants for which the eligible student qualifies, the amount payable in respect of each element is nil.

    (4) The amount of the adult dependants' grant calculated under this regulation must be reduced in accordance with regulation 22(4).

    (5) The amount of the childcare grant calculated under this regulation must be reduced in accordance with regulation 23(6).

    (6) Where the amount of the parents' learning allowance calculated under paragraph (1) is £0.01 or more but less than £50, the amount of parents' learning allowance payable is £50.

    (7) In this regulation—

     A is the aggregate of the net income of each of the eligible student's dependants; and

     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—

(a) there is a change in the number of the eligible student's dependants;

(b) a person becomes or ceases to be a dependant of the eligible student;

(c) the eligible student becomes or ceases to be a lone parent;

(d) a student becomes an eligible student as a result of an event referred to in regulation 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—

(a) how many dependants the eligible student is to be treated as having;

(b) who those dependants are;

(c) whether the student is to be treated as a lone parent.

    (10) The amount of 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.

    (11) The amount of adult dependants' grant and parents' learning allowance in respect of a relevant quarter is one third of what that grant or allowance would be for the academic year if the student's circumstances in the relevant quarter as determined under paragraph (9) applied for the duration of the academic year.

    (12) In this regulation, a "relevant quarter" ("chwarter perthnasol") means—

(a) in the case of a person referred to in paragraph (8)(d), a quarter which begins after the relevant event occurs other than a quarter during which, in the opinion of the National Assembly, the longest of any vacation occurs;

(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
     26. —(1) In regulations 21 to 25—

(a) "adult dependant" ("dibynnydd mewn oed") means, in relation to an eligible student, an adult person dependent on the student other than the student's child, the student's partner or former partner (including a spouse or civil partner who is not ordinarily living with the student);

(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—


(i) the spouse of an eligible student;

(ii) the civil partner of an eligible student;

(iii) a person ordinarily living with an eligible student as if 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—



(i) in the opinion of the National Assembly, that person and the eligible student have ceased ordinarily to live together; or

(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;

(j) for the purposes of sub-paragraphs (b) and (c), a person is treated as a partner if the person would be a partner under sub-paragraph (g) but for the date on which the eligible student began the student's course or 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—

(a) any pension, allowance or other benefit paid by reason of a disability or incapacity to which the dependant is subject;

(b) child benefit payable under Part IX of the Social Security Contributions and Benefits Act 1992[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—

(a) an amount equal to the payments in question for the academic year, if in the opinion of the National Assembly the obligation had been reasonably incurred; or

(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.

Grants for travel
     27. —(1) A grant is available to an eligible student attending a course in medicine or dentistry (a necessary part of which is a period of study by way of clinical training) in respect of the reasonable expenditure which he or she is obliged to incur in an academic year for the purpose of attending in connection with his or her course any hospital or other premises in the United Kingdom (not comprised in the institution) at which facilities for clinical training are provided other than expenditure incurred for the purpose of residential study away from the institution.

    (2) A grant is available to an eligible student in respect of the reasonable expenditure which he or she is obliged to incur in an academic year within or outside the United Kingdom for the purpose of attending for a period of at least eight weeks as part of his or her course an overseas institution or the British Institute in Paris.

    (3) The amount of grant payable in respect of an academic year is equal to the reasonable expenditure which the National Assembly determines the eligible student is obliged to incur for the purposes in paragraph (1) or paragraph (2).

    (4) In determining the expenditure incurred by an eligible student £285 of such expenditure is disregarded.

    (5) For the purposes of this regulation any reference to expenditure incurred for the purpose of attending an institution or period of study—

(a) includes expenditure both before and after so attending; and

(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.

    (7) A deduction may be made from a grant under this regulation in accordance with regulation 46.

Higher education grants
     28. —(1) An old system eligible student qualifies in accordance with this regulation for a higher education grant in connection with his or her attendance on a designated course to defray the cost of books, equipment, travel or childcare incurred for the purpose of attending that course.

    (2) An old system eligible student does not qualify for a higher education grant unless he or she began the designated course on or after 1 September 2004.

    (3) The maximum amount of higher education grant available in respect of an academic year is £1,000.

    (4) An eligible student who qualifies for a higher education grant is entitled to receive an amount as follows—

(a) in any case where the household income is £15,970 or less, he or she is entitled to receive the maximum amount of grant available;

(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
     29. —(1) A new system eligible student qualifies in accordance with this regulation for a maintenance grant for living costs in connection with his or her attendance on a designated course.

    (2) A new system student does not qualify for a maintenance grant if he or she qualifies for a special support grant.

    (3) An eligible student does not qualify for a maintenance grant unless he or she begins the designated course on or after 1 September 2006.

    (4) The maximum amount of maintenance grant available in respect of an academic year is—

(a) in the case of a type 1 teacher training student, £1,350;

(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—

(a) where the household income is £17,500 or less, he or she receives £1,350;

(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—

(a) where the household income is £17,500 or less, he or she receives £2,700;

(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—

(a) where the household income is £17,500 or less, he or she receives £2,700;

(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
     30. —(1) A new system eligible student qualifies in accordance with this regulation for a special support grant in connection with his or her attendance on a designated course to defray the cost of books, equipment, travel or childcare incurred for the purpose of attending that course.

    (2) A new system student qualifies for a special support grant if he or she falls within a prescribed category of person for the purposes of section 124(1)(e) of the Social Security Contributions and Benefits Act 1992.

    (3) The maximum amount of special support grant available in respect of an academic year is

(a) in the case of a type 1 teacher training student, £1,350;

(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—

(a) where the household income is £17,500 or less, he or she receives £1,350;

(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—

(a) where the household income is £17,500 or less, he or she receives £2,700;

(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—

(a) where the household income is £17,500 or less, he or she receives £2,700;

(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.

Maximum amount of loans for new system eligible students with full entitlement
     33. —(1) This regulation applies to a new system eligible student with full entitlement other than a type 1 or type 2 teacher training student with a household income exceeding £37,900.

    (2) 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 (other than a final year of a course that is not an accelerated course) is equal to (X−Y)—

Where

X is—

(i) for a student in category 1, £3,415;

(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;

Y is the maintenance grant amount.

    (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)—