PART 3 continued
(2) Where paragraph (1)(d) applies, the amount of support payable under regulation 61E(1)(a) is determined by deducting from the maximum amount of support available under regulation 61E(1)(a) one of the following amounts—
(a) £50 plus a further £1 for each complete £7.60 by which the relevant income exceeds £15,700; or
(b) where the actual fees are less than £1,150, an amount equal to that left after deducting from the amount calculated under sub-paragraph (a) the difference between £1,150 and the actual fees (unless the amount is a negative number in which case the maximum amount of support available under regulation 61E(1)(a) is payable).
61G.—(1) For the purposes of regulation 61F—
(a) subject to sub-paragraph (b), “partner” (“partner”) means any of the following–
(i) the spouse of an eligible distance learning student;
(ii) the civil partner of an eligible distance learning student;
(iii) a person ordinarily living with an eligible distance learning student as if he or she were his or her spouse where an eligible distance learning student is aged 25 or over on the first day of the academic year in respect of which he or she is being assessed for support and where he or she began the specified designated distance learning course before 1 September 2005;
(iv) a person ordinarily living with an eligible distance learning student as if he or she were his or her spouse or civil partner where an eligible distance learning student begins the specified designated distance learning course on or after 1 September 2005;
(b) a person who would otherwise be a partner under sub-paragraph (a) is not to be treated as a partner if—
(i) in the opinion of the Welsh Ministers, that person and the eligible distance learning student are separated; or
(ii) the person is ordinarily living outside the United Kingdom and is not maintained by the eligible distance learning student;
(c) “relevant income” (“incwm perthnasol”) has the meaning given in paragraph (2).
(2) Subject to paragraph (3), an eligible distance learning student’s relevant income is equal to his or her financial resources in the preceding financial year less—
(i) £2,000 in respect of his or her partner;
(ii) £2,000 in respect of the only or eldest child who is dependent on the student or his or her partner; and
(iii) £1,000 in respect of each other child who is dependent on the student or his or her partner.
(3) Where the Welsh Minsters are satisfied that an eligible distance learning student’s financial resources in the preceding financial year are greater than his or her financial resources in the current financial year and that the difference between the two amounts is £1,000 or more, they may assess that student’s financial resources by reference to those resources in the current financial year.
(4) In this regulation, an eligible distance learning student’s financial resources in a financial year means the aggregate of his or her income for that year together with the aggregate of the income for that year of any person who at the date of the application for support is the student’s partner.
(5) In this regulation—
(a) “child” (“plentyn”) in relation to an eligible distance learning student includes any child of his or her partner and any child for whom he or she has parental responsibility;
(b) “current financial year” (“blwyddyn ariannol gyfredol”) means the financial year which includes the first day of the academic year in respect of which a person is being assessed for support;
(c) “dependent” (“dibynnol”) means wholly or mainly financially dependent;
(d) “financial year” (“blwyddyn ariannol”) means the period of twelve months for which the income of the eligible distance learning student is computed for the purposes of the income tax legislation which applies to it;
(e) “income” (“incwm”) means gross income from all sources excluding any tax credits awarded pursuant to any claims under section 3 of the Tax Credits Act 2002;
(f) “preceding financial year” (“blwyddyn ariannol flaenorol”) means the financial year immediately preceding the current financial year;
(g) “specified designated distance learning course” (“cwrs dysgu o bell dynodedig a bennir”) means the course in respect of which the person is applying for support or, where the student’s status as an eligible distance learning student has been transferred to the present designated distance learning course as a result of one or more transfers of that status by the Welsh Ministers from a distance learning course (the “initial course”) (“cwrs cychwynnol”) in connection with which the Welsh Ministers determined the student to be an eligible distance learning student pursuant to regulations made under section 22 of the Act, the specified designated distance learning course is the initial course.
61H.—(1) An eligible distance learning student qualifies in accordance with this Part for a grant to assist with the additional expenditure which the Welsh Ministers are satisfied he or she is obliged to incur by reason of a disability to which he or she is subject in respect of his or her undertaking a designated distance learning course.
(2) An eligible distance learning student does not qualify for the grant under this regulation if the only paragraph in Part 2 of Schedule 1 into which he or she falls is paragraph 9.
(3) An eligible distance learning student does not qualify for the grant under this regulation in respect of any academic year that is a bursary year.
(4) An eligible distance learning student does not qualify for the grant under this regulation unless the Welsh Ministers consider that he or she is undertaking the designated distance learning course in Wales.
(5) Subject to the following paragraphs, the amount of grant under this regulation is the amount that the Welsh Ministers consider appropriate in accordance with the student’s circumstances.
(6) The amount of the grant under this regulation must not exceed—
(a) £12,420 in respect of an academic year for expenditure on a non-medical personal helper;
(b) £4,905 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 Institute;
(d) £1,640 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.
61I.—(1) A person (the “applicant”) must apply for support in connection with each academic year of a designated distance learning course by completing and submitting to the Welsh Ministers an application in such form as the Welsh Ministers may require.
(2) The application must be accompanied by—
(a) a declaration completed by the academic authority; and
(b) such additional documentation as the Welsh Ministers may require.
(3) The Welsh Ministers may take such steps and make such inquiries as they consider necessary to determine whether the applicant is an eligible distance learning student, whether he or she qualifies for support and the amount of support payable, if any.
(4) The Welsh Ministers must notify the applicant of whether he or she qualifies for support and, if he or she does qualify, the amount of support payable in respect of the academic year, if any.
(5) The general rule is that the application must reach the Welsh Ministers within a period of six months beginning with the first day of the academic year of the course in respect of which it is submitted.
(6) The general rule does not apply where—
(a) one of the events listed in paragraph (4) of regulation 61B occurs 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 Welsh Ministers within a period of six months beginning with the day on which the relevant event occurred;
(b) the applicant is applying for the disabled distance learning students' allowance, in which case the application must reach the Welsh Ministers as soon as is reasonably practicable; or
(c) the Welsh Ministers consider that having regard to the circumstances of the particular case the time limit should be relaxed, in which case the application must reach the Welsh Ministers not later than such date as they specify.
61J.—(1) Subject to paragraph (2), the academic authority must, on the request of the applicant, complete a declaration in such form as may be required by the Welsh Ministers to accompany the application for support.
(2) An academic authority is not required to complete a declaration if it is unable to give the confirmation required.
(3) In this Part, “declaration” (“datganiad”) means—
(a) where the applicant is applying for support in connection with the designated distance learning course for the first time, a statement that—
(i) provides the course information; and
(ii) confirms that the applicant has undertaken at least two weeks of the designated distance learning course;
(b) in any other case, a statement that—
(i) provides the course information; and
(ii) confirms that the applicant has enrolled to undertake the academic year of the designated distance learning course in respect of which he or she is applying for support.
(4) In this regulation, “course information” (“gwybodaeth am y cwrs”) means—
(a) the amount of fees being charged in respect of the academic year in respect of which the applicant is applying for support;
(b) certification by the academic authority that it considers the applicant is undertaking the designated distance learning course in Wales; and
(c) in any case where the applicant is a disabled student, certification by the academic authority that it considers the applicant has chosen to undertake the designated distance learning course for a reason other than he or she is unable to attend a designated course for a reason which relates to his or her disability.
61K. Schedule 3 deals with the provision of information.
61L.—(1) Where an eligible distance learning student transfers to another designated distance learning course, the Welsh Ministers must transfer the student’s status as an eligible distance learning student to that course where—
(a) they receive a request from the eligible distance learning student to do so;
(b) they are satisfied that one or more of the grounds for transfer in paragraph (2) applies; and
(c) the period of eligibility has not terminated.
(2) The grounds for transfer are—
(a) the eligible distance learning student starts to undertake another designated distance learning course at the institution;
(b) the eligible distance learning student starts to undertake a designated distance learning course at another institution; or
(c) after commencing a designated distance learning course for a first degree (other than an honours degree) the eligible distance learning student is, before the completion of that course, admitted to a designated distance learning course for an honours degree in the same subject or subjects at the institution.
(3) Subject to paragraph (4), an eligible distance learning student who transfers under paragraph (1) is to receive in connection with the academic year of the course to which he or she transfers the remainder of the support for which the Welsh Ministers have determined he or she qualifies in respect of the academic year of the course from which he or she transfers.
(4) The Welsh Ministers may re-assess the amount of support payable after the transfer.
(5) An eligible student who transfers under paragraph (1) after the Welsh Ministers have determined his or her support in connection with the academic year of the course from which he or she is transferring but before he or she completes that year, may not apply for another grant under regulation 61E(1)(b) or regulation 61H in connection with the academic year of the course to which he or she transfers.
(6) Where a student transfers under paragraph (1), the maximum amount of support under regulation 61E(1)(a) in respect of the academic years to and from which he or she transfers is the amount of support available in connection with the course with the highest actual fees as defined in regulation 61E.
61M.—(1) Where the Welsh Ministers determine before 1 September 2007 that a student—
(a) is an eligible student; but
(b) as he or she is undertaking but not in attendance, or treated as being in attendance, on a designated course—
(i) qualifies only for disabled students' allowance in connection with that course; or
(ii) does not qualify for any support under Parts 4 to 6 in connection with that course,
the Welsh Ministers must convert his or her status to that of an eligible distance learning student in accordance with this regulation.
(2) The Welsh Ministers must convert the status of an eligible student to whom paragraph (1) applies to that of an eligible distance learning student where—
(a) they are satisfied that the student is undertaking a designated distance learning course in Wales; and
(b) the period of eligibility has not terminated.
(3) The Welsh Ministers must determine, in accordance with this Part, the amount of support payable under regulation 61E in respect of the current academic year to a student whose status is converted under paragraph (2).
(4) The following applies to a student who falls within paragraph (1)(b)(i) and whose status is converted under paragraph (2)—
(a) where the Welsh Ministers have determined to pay an amount to the student under regulation 24 (“the previous amount”) in respect of the current academic year, no payment in respect of that amount of grant must be made on or after 1 September 2007;
(b) the maximum amount of disabled distance learning students' allowance to which the student is entitled in connection with his or her undertaking a designated distance learning course in the current academic year is the greater of the following amounts—
(i) the previous amount; and
(ii) the “actual amount” being the maximum amount of disabled distance learning students' allowance the Welsh Ministers determine is payable to the student; and
(c) where an amount is paid to the student for any purpose under regulation 24 before 1 September 2007, the maximum amount of disabled distance learning students' allowance payable to him or her for that purpose for the current academic year is reduced by the amount of grant paid to him or her for that purpose pursuant to Part 5, and where the resulting amount is nil or a negative amount that amount is nil.
(5) In this regulation “current academic year” (“blwyddyn academaidd gyfredol”) means an academic year beginning on or after 1 September 2007 but before 1 September 2008.
61N.—(1) Subject to paragraph (2), where an eligible student ceases to undertake a designated course and transfers to a designated distance learning course at the same or at another institution, the Welsh Ministers must convert his or her status as an eligible student to that of an eligible distance learning student in connection with the course to which he or she is transferring where—
(a) they receive a request from the eligible distance learning student to do so; and
(b) the period of eligibility has not terminated.
(2) This regulation does not apply to a student to whom regulation 61M applies.
(3) The following applies to a student who transfers under paragraph (1)—
(a) where the Welsh Ministers have determined to pay an amount to the student under regulation 24 in periodic instalments, no payment in respect of that amount of grant must be made in respect of any instalment period beginning after the date on which the student becomes an eligible distance learning student;
(b) the maximum amount of disabled distance learning students' allowance to which the student would, apart from this regulation, be entitled in connection with his or her undertaking a designated distance learning course in respect of that academic year is reduced by one third where the student became an eligible distance learning student in the second quarter of the academic year and by two thirds where he or she became such a student in a later quarter of that year;
(c) where an amount of disabled students' living cost grant for any purpose has been paid to the student under Part 5 in a single instalment, the maximum amount of disabled distance learning students' allowance payable to him or her for that purpose is reduced (or, where sub-paragraph (b) applies, further reduced) by the amount of grant paid to him or her for that purpose pursuant to Part 5, and where the resulting amount is nil or negative amount that amount is nil; and
(d) where immediately before he or she became an eligible distance learning student he or she was eligible to apply, but had not applied for a loan for living costs in respect of that year, or had not applied for the maximum amount of increased maximum to which he or she was entitled, he or she may apply for such a loan or such additional amount of loan as if he or she had continued to be an eligible student; and in the circumstances mentioned in paragraph (4) the maximum amount or increased maximum amount of such loan for the academic year is reduced in accordance with that paragraph.
(4) Where the request under paragraph (1) is made during the first quarter of the academic year in respect of which the loan is payable, the maximum amount or increased maximum amount of loan (as the case may be) is reduced by two thirds, and where the request is made during the second quarter of that year that amount is reduced by one third.
61O.—(1) Where an eligible distance learning student ceases to undertake a designated distance learning course and transfers to a designated course at the same or at another institution, the Welsh Ministers must convert his or her status as an eligible distance learning student to that of an eligible student in connection with the course to which he or she is transferring where—
(a) they receive a request from the eligible distance learning student to do so; and
(b) the period of eligibility has not terminated.
(2) The following applies to a student who transfers under paragraph (1)—
(a) where the Welsh Ministers have determined to pay an amount of disabled distance learning students' allowance to the student in periodic instalments no payment in respect of that amount of grant must be made in respect of any instalment period beginning after the date on which the student became an eligible student;
(b) any support to which the student is entitled under this Part in respect of the academic year in which the student transfers is ignored in determining the amount of support to which he or she may be entitled in respect of that year under Parts 4 to 6;
(c) the maximum amount of any support under Part 5 or 6 to which the student would, apart from this regulation, be entitled in connection with a designated course in respect of that academic year is reduced by one third where the student became an eligible student during the second quarter of that academic year and by two thirds where he or she became such a student in a later quarter of that year; and
(d) where an amount of disabled distance learning students' allowance for any purpose has been paid to the student in a single instalment, the maximum amount of disabled students' living costs grant payable to him or her under Part 5 for that purpose is reduced (or, where sub-paragraph (c) applies, further reduced) by the amount of disabled distance learning students' allowance paid to him or her for that purpose and where the resulting amount is nil or a negative amount that amount is nil.
61P.—(1) Subject to paragraphs (2) and (3), the Welsh Ministers must pay the grant in respect of fees for which the student qualifies to the appropriate academic authority after a valid request for payment has been received.
(2) The Welsh Ministers may make payments under paragraph (1) at such times and in such instalments as they see fit.
(3) The Welsh Ministers may make provisional payments under paragraph (1) in such cases as they deem appropriate.
61Q.—(1) Payments of the grant for books, travel and other expenditure and the disabled distance learning students' allowance may be made in such manner as the Welsh Ministers consider appropriate and they may make it a condition of entitlement to payment that the eligible distance learning student must provide them with particulars of a bank or building society account in the United Kingdom into which payments may be made by electronic transfer.
(2) Where the Welsh Ministers cannot make a final assessment on the basis of the information provided by the student, they may make a provisional assessment and payment of the grant for books, travel and other expenditure and the disabled distance learning students' allowance.
(3) The Welsh Ministers may pay the grant for books, travel and other expenditure and the disabled distance learning students' allowance in instalments.
(4) Subject to paragraph (5), the Welsh Ministers may pay the grant for books, travel and other expenditure and the disabled distance learning students' allowance at such times as they consider appropriate.
(5) The Welsh Ministers must not pay the first instalment or, where it has been determined not to pay support in instalments, make any payment of the grant for books, travel and other expenditure or the disabled distance learning students' allowance before they have received a declaration under regulation 61J unless an exception applies.
(6) An exception applies if—
(a) a disabled distance learning students' allowance is payable in which case that particular grant may be paid before the Welsh Ministers have received a declaration;
(b) the Welsh Ministers have determined that owing to exceptional circumstances it would be appropriate to make a payment without receiving a declaration.
61R.—(1) Any overpayment of a grant in respect of fees is recoverable by the Welsh Ministers from the academic authority.
(2) An eligible distance learning student must, if so required by the Welsh Ministers, repay any amount paid to him or her under this Part which for whatever reason exceeds the amount of grant to which he or she entitled under this Part.
(3) The Welsh Ministers must recover an overpayment of grant for books, travel and other expenditure and disabled distance learning students' allowance unless they consider that it is not appropriate to do so.
(4) The methods of recovery are—
(a) subtracting the overpayment from any kind of grant payable to the student from time to time pursuant to regulations made by the Welsh Ministers under section 22 of the Act;
(b) taking such other action for the recovery of an overpayment as is available to the Welsh Ministers.
(5) A payment of the disabled distance learning students' allowance made before the relevant date is an overpayment if the student withdraws from the course before the relevant date unless the Welsh Ministers decide otherwise.
(6) In this regulation, the “relevant date” (“dyddiad perthnasol”) is the date on which the first term of the academic year in question actually begins.
(7) In the circumstances set out in paragraph (8) or (9), there is an overpayment of the disabled distance learning students' allowance unless the Welsh Ministers decide otherwise.
(8) The circumstances are—
(a) the Welsh Ministers apply all or part of the disabled distance learning students' allowance to the purchase of specialist equipment on behalf of the eligible distance learning student;
(b) the student’s period of eligibility terminates after the relevant date; and
(c) the equipment has not been delivered to the student before the period of eligibility terminated.
(9) The circumstances are—
(a) the eligible distance learning student’s period of eligibility terminates after the relevant date; and
(b) a payment of the disabled part-time students' allowance in respect of specialist equipment is made to the student after the period of eligibility terminated.
(10) Where there is an overpayment of the disabled distance learning students' allowance, the Welsh Ministers may accept the return of specialist equipment purchased with the grant by way of recovery of all or part of the overpayment if they consider it is appropriate to do so.”
19. In regulation 62 of the 2007 Regulations—
(a) after paragraph (14), insert—
“(14A) Where one of the events listed in sub-paragraphs (a), (b), (e), (f), (fa), (g) or (h) of paragraph (15) occurs in the course of an academic year—
(a) a student may qualify for a grant under regulation 66 in respect of that academic year in accordance with this Part; and
(b) a grant under regulation 66 is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.”
(b) for paragraph (19), substitute—
“(19) Where—
(a) the Welsh Ministers determined that, by virtue of being a refugee or the spouse, civil partner, child or step-child of a refugee, a person (“A”) was an eligible part-time student in connection with an application for support for an earlier year of the present part-time course or an application for support in connection with a designated course, designated distance learning course or other designated part-time course from which his or her status as an eligible part-time student, eligible student or eligible distance learning student has been transferred to the present part-time course; and
(b) as at the day before the academic year in respect of which A is applying for support begins, the refugee status of A or of his or her spouse, civil partner, parent or step-parent, as the case may be, has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),
A’s status as an eligible part-time student terminates immediately before the first day of the academic year in respect of which he or she is applying for support.”;
(c) for paragraph (20), substitute—
“(20) Where—
(a) the Welsh Ministers determined that, by virtue of being a person with leave to enter or remain or the spouse, civil partner, child or step-child of such a person, a person (“A”) was an eligible part-time student in connection with an application for support for an earlier year of the present part-time course or an application for support in connection with a designated course, designated distance learning course or other designated part-time course from which his or her status as an eligible part-time student, eligible student or eligible distance learning student has been transferred to the present part-time course; and
(b) as at the day before the academic year in respect of which A is applying for support begins, the period for which the person with leave to enter or remain is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),
A’s status as an eligible part-time student terminates immediately before the first day of the academic year in respect of which he or she is applying for support.”;
(d) after paragraph (22)(b), insert—
“(bb) a designated part-time course and a designated distance learning course;”.
20. In the Welsh text of regulation 67(4)(aa) of the 2007 Regulations, omit the word, “nad”.
21. In regulation 70 of the 2007 Regulations—
(a) after paragraph (4), insert—
“(4A) Where an eligible distance learning student ceases to undertake a designated distance learning course and transfers to a designated part-time course at the same or at another institution, the Welsh Ministers must convert the student’s status as an eligible distance learning student to that of an eligible part-time student in connection with the course to which he or she is transferring where—
(a) they receive a request from the eligible distance learning student to do so; and
(b) the period of eligibility has not terminated.
(4B) Where, before completing the designated distance learning course, the student transfers to a part-time course in the same subject or subjects leading to the same qualification at the same institution, the part-time course is to be treated as satisfying regulation 63(1)(b) and (c) if the period of part-time study to be undertaken by the student is of at least one academic year’s duration and does not exceed twice the period ordinarily required to complete the remainder of the designated distance learning course from which the student transfers.
(4C) Subject to paragraph (4D), a student who transfers under paragraph (4A) will receive in connection with the academic year of the course to which he or she transfers the remainder of the support for which the Welsh Ministers have determined he or she qualifies under Part 10A in respect of the academic year of the designated distance learning course from which he or she transfers.
(4D) The Welsh Ministers may re-assess the amount of support payable after the transfer.
(4E) An eligible student who transfers under paragraph (4A) after the Welsh Ministers have determined his or her support in connection with the academic year of the designated distance learning course from which he or she is transferring but before he or she completes that year—
(a) may not apply for a grant under regulation 65(1)(b) if he or she has already applied for a grant under regulation 61E(1)(b);
(b) may not apply for a grant under regulation 66 if he or she has already applied for a grant under regulation 61H.
(4F) Where a student transfers under paragraph (4A), the total amount of assistance paid to the student under regulations 61E(1)(a) and 65(1)(a) in respect of the academic years from and to which he or she transfers must not exceed the amount of support determined to be payable to the student under regulation 61E(1)(a).”;
(b) after paragraph (6), insert—
“(6A) Where an eligible part-time student ceases to undertake a designated part-time course and transfers to a designated distance learning course at the same or at another institution, the Welsh Ministers must convert that student’s status as an eligible part-time student to that of an eligible distance learning student in connection with the course to which he or she is transferring where–
(a) they receive a request from the eligible part-time student to do so; and
(b) the period of eligibility has not terminated.
(6B) Subject to paragraph (6C), a student who transfers under paragraph (6A) shall receive in connection with the academic year of the course to which he or she transfers the remainder of the support for which the Welsh Ministers have determined he or she qualifies under Part 11 in respect of the academic year of the designated part-time course from which he or she transfers.
(6C) The Welsh Ministers may re-assess the amount of support payable after the transfer.
(6D) An eligible student who transfers under paragraph (6A) after the Welsh Ministers have determined his or her support in connection with the academic year of the distance learning course from which he or she is transferring but before he or she completes that year—
(a) may not apply for a grant under regulation 61E(1)(b) if he or she has already applied for a grant under regulation 65(1)(b);
(b) may not apply for a grant under regulation 61H if he or she has already applied for a grant under regulation 66.
(6E) Where a student transfers under paragraph (6A), the total amount of assistance paid to the student under regulations 61E(1)(a) and 65(1)(a) in respect of the academic years from and to which he or she transfers must not exceed the maximum amount of support determined to be payable to the student under regulation 61E(1)(a).”.
22. After regulation 74(15)(b) of the 2007 Regulations, insert—
“(bb) a designated postgraduate course and a designated distance learning course;”.
23. In the Welsh text of paragraph 1(3)(ch) of Schedule 1 to the 2007 Regulations, for the words, “blentyn ei briod neu ei bartner sifil;”, substitute the words, “ briod neu bartner sifil ei blentyn;”.
Jane Hutt
Minister for Children, Education, Lifelong Learning and Skills, one of the Welsh Ministers
28 September 2007