PART 12 continued
87.—(1) Where an eligible part-time student transfers to another part-time course, the Welsh Ministers must transfer the student’s status as an eligible part-time student to that course where —
(a) they receive a request from the eligible part-time 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 part-time student starts to undertake another designated part-time course at the institution;
(b) the eligible part-time student starts to undertake a designated part-time course at another institution; or
(c) after commencing a designated part-time course for a first degree (other than an honours degree) the eligible part-time student is, before the completion of that course, admitted to a designated part-time course for an honours degree in the same subject or subjects at the institution.
(3) Subject to paragraph (4), an eligible part-time student who transfers under paragraph (1) is entitled, for the remainder of the academic year in which he or she transfers, to continue to receive in connection with the course to which he or she transfers the support for which the Welsh Ministers have determined he or she qualifies in respect of the course from which he or she transfers.
(4) The Welsh Ministers may re-assess the amount of support payable after the transfer in accordance with this Part.
(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 82(1) (b) or regulation 83 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 assistance under regulation 82(1)(a) in respect of the academic years to and from which he or she transfers is the amount of assistance with fees available in connection with the course which has the highest intensity of study as defined in regulation 82.
88.—(1) Where an eligible student ceases to undertake a designated 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 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 student to do so; and
(b) the period of eligibility has not terminated.
(2) Where, before completing the designated course, the student transfers to a part-time course in the same subject or subjects leading to the same qualification at the same institution, the part-time course is treated as satisfying regulation 80(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 normally required to complete the remainder of the designated course from which the student transfers.
(3) The following applies to a student who transfers under paragraph (1) —
(a) where the Welsh Ministers have determined to pay an amount of grant to the student under regulation 24 in periodic instalments, no payment in respect of that amount of grant may be made in respect of any instalment period beginning after the date on which the student became an eligible part-time student;
(b) the maximum amount of grant to which the student would, apart from this regulation, be entitled pursuant to regulation 83 in connection with his or her undertaking a designated part-time course in respect of that academic year is reduced by one third where the student became an eligible part-time student during the second quarter of the academic year and by two thirds where he or she became such a student in a later quarter of that year;
(c) where an amount of grant for any purpose has been paid to the student under regulation 24 in a single instalment, the maximum amount of grant payable to him or her pursuant to regulation 83 for that purpose is reduced (or, where sub-paragraph (b) applies, further reduced) by the amount of grant paid to him or her for that purpose pursuant to regulation 24, and where the resulting amount is nil or a negative amount that amount is nil; and
(d) where immediately before he or she became an eligible part-time student he or she was eligible to apply, but had not applied, for a loan for living costs in respect of that year, or had not applied for the maximum amount or increased maximum for which he or she was entitled, he or she may apply for such a loan or such additional amount of loan as if he or she had continued to be an eligible student and in the circumstances mentioned in paragraph (4) the maximum or increased maximum amount of such loan for the academic year is reduced in accordance with that paragraph.
(4) Where the request under paragraph (1) is made during the first quarter of the academic year in respect of which the loan is payable the maximum amount or increased maximum amount of loan (as the case may be) is reduced by two thirds, and where the request is made during the second quarter of that year that amount is reduced by one third.
(5) 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 that 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.
(6) 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 80 (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.
(7) Subject to paragraph (8), a student who transfers under paragraph (5) is entitled 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 under Part 11 in respect of the academic year of the designated distance learning course from which he or she transfers.
(8) The Welsh Ministers may re-assess the amount of support payable after the transfer.
(9) An eligible student who transfers under paragraph (5) 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 82 (1) (b) if he or she has already applied for a grant under regulation 66 (1) (b);
(b) may not apply for a grant under regulation 83 if he or she has already applied for a grant under regulation 24.
(10) Where a student transfers under paragraph (5), the total amount of support paid to the student under regulation 66 (1) (a) and 82 (1) (a) in respect of —
(a) the academic year from which he or she transfers; and
(b) the academic year to which he or she transfers;
must not exceed the amount of support determined to be payable to the student under regulation 66 (1) (a).
(11) Where an eligible part-time student ceases to undertake a designated part-time course and transfers to a designated 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 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.
(12) The following applies to a student who transfers under paragraph (11) —
(a) where the Welsh Ministers have determined to pay an amount of grant to the student pursuant to regulation 83 in periodic instalments no payment in respect of that amount of grant may 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 Parts 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 grant for any purpose has been paid to the student pursuant to regulation 83 in a single instalment, the maximum amount of grant payable to him or her under regulation 24 for that purpose is reduced (or, where sub-paragraph (c) applies, further reduced) by the amount of grant paid to him or her for that purpose pursuant to regulation 83 and where the resulting amount is nil or a negative amount that amount is nil.
(13) 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.
(14) Subject to paragraph (15), a student who transfers under paragraph (13) is entitled 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 under this Part in respect of the academic year of the designated part-time course from which he or she transfers.
(15) The Welsh Ministers may re-assess the amount of support payable after the transfer.
(16) An eligible student who transfers under paragraph (13) 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 66(1)(b) if he or she has already applied for a grant under regulation 82(1)(b);
(b) may not apply for a grant under regulation 83 if he or she has already applied for a grant under regulation 24.
(17) Where a student transfers under paragraph (13), the total amount of assistance paid to the student under regulations 66(1)(a) and 82(1)(a) in respect of—
(a) the academic year from which he or she transfers; and
(b) the academic year to which he or she transfers;
must not exceed the maximum amount of support determined to be payable to the student under regulation 66(1)(a).
89.—(1) Payments of the grant for books, travel and other expenditure and the grant for disabled part-time students' living costs 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 part-time 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 grant for disabled part-time students' living costs.
(3) The Welsh Ministers may pay the grant for books, travel and other expenditure and the grant for disabled part-time students' living costs in instalments.
(4) Subject to paragraph (5), the Welsh Ministers may pay the grant for books, travel and other expenditure and the grant for disabled part-time students' living costs 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 grant for disabled part-time students' living costs under regulation 83 before they have received the declaration under regulation 86(2) to (6) unless an exception applies.
(6) An exception applies if—
(a) a grant for disabled part-time students' living costs under regulation 83 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.
90.—(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.
91.—(1) Any overpayment of a grant in respect of fees is recoverable by the Welsh Ministers from the academic authority.
(2) An eligible part-time student must, if so required by the Welsh Ministers, repay any amount paid to the student under this Part which for whatever reason exceeds the amount of grant to which he or she is entitled under this Part.
(3) The Welsh Ministers must recover an overpayment of grant for books, travel and other expenditure and the grant for disabled part-time students' living costs 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 them.
(5) A payment of the grant for disabled part-time students' living costs 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) 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 in paragraph (8) or (9), there is an overpayment of the grant for disabled part-time students' living costs unless the Welsh Ministers decide otherwise.
(8) The circumstances are—
(a) the Welsh Ministers apply all or part of the grant for disabled part-time students' living costs to the purchase of specialist equipment on behalf of the eligible part-time 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 student’s period of eligibility terminated.
(9) The circumstances are—
(a) the eligible part-time student’s period of eligibility terminates after the relevant date; and
(b) a payment of the grant for disabled part-time students' living costs in respect of specialist equipment is made to the student after the eligible part-time student’s period of eligibility terminates.
(10) Where there is an overpayment of the grant for disabled part-time students' living costs, 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.