- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (a wnaed Fel)
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Prospective
100.—(1) An eligible postgraduate student qualifies, subject to and in accordance with this Part, for a grant to assist with the additional expenditure which the Secretary of State is satisfied he is obliged to incur by reason of a disability to which he is subject in respect of his undertaking a designated postgraduate course.
(2) Subject to paragraph (4), a person is an eligible postgraduate student in connection with a designated postgraduate course if he satisfies the conditions in paragraph (3).
(3) The conditions are—
(a)the Secretary of State has determined in connection with the designated postgraduate course that the person falls within one of the categories set out in Part 2 of Schedule 1; and
(b)the Secretary of State is satisfied that, by reason of a disability to which the person is subject, he will be obliged to incur additional expenditure in respect of his undertaking the course.
(4) A person is not an eligible postgraduate student if—
(a)there has been bestowed on him or paid to him in connection with the course—
(i)a healthcare bursary;
(ii)any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 1992(1);
(iii)any allowance, bursary or award of similar description made by a Research Council;
(iv)any allowance, bursary or award of similar description made by his institution which includes any payment for the purpose of meeting additional expenditure incurred by the student by reason of his disability; or
(v)any allowance, bursary or award of similar description made under section 67(4)(a) of the Care Standards Act 2000(2) which includes payment for meeting additional expenditure incurred by the student by reason of his disability;
(b)he is in breach of an obligation to repay any loan;
(c)he has reached the age of 18 and has not ratified any agreement for a loan made with him when he was under the age of 18; or
(d)he has, in the opinion of the Secretary of State, shown himself by his conduct to be unfitted to receive support.
(5) For the purposes of paragraphs (4)(b) and (4)(c), “loan” means a loan made under the student loans legislation.
(6) In a case where the agreement for a loan is subject to the law of Scotland, paragraph (4)(c) only applies if the agreement was made—
(a)before 25th September 1991; and
(b)with the concurrence of the borrower’s curator or at a time when he had no curator.
(7) An eligible postgraduate student does not qualify for a grant under this Part if the only paragraph in Part 2 of Schedule 1 into which he falls is paragraph 9.
(8) An eligible postgraduate student does not qualify for a grant under this Part unless the Secretary of State considers that he is undertaking his course in the United Kingdom.
(9) Despite paragraphs (3)(a) and (4), a person is an eligible postgraduate student for the purposes of this Part if he satisfies the conditions in paragraph (3)(b) and in paragraph (10) or (11).
(10) The conditions are—
(a)the person qualified as an eligible postgraduate student in connection with an earlier academic year of the current designated postgraduate course pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act;
(b)the person was not ordinarily resident in Wales on the first day of the first academic year of the current designated postgraduate course; and
(c)the person’s status as an eligible postgraduate student has not terminated.
(11) The conditions are—
(a)the Secretary of State has previously determined that the person is an eligible postgraduate student in connection with a designated postgraduate course other than the current designated postgraduate course;
(b)the student’s status as an eligible postgraduate student in connection with the course referred to in sub-paragraph (a) has been transferred from that course to the current designated postgraduate course as a result of one or more transfers in accordance with regulations made by the Secretary of State under section 22 of the 1998 Act;
(c)the person was not ordinarily resident in Wales on the first day of the academic year of the course referred to in sub-paragraph (a); and
(d)the person’s status as an eligible postgraduate student has not terminated.
(12) An eligible postgraduate student may not, at any one time, qualify for support for—
(a)more than one designated postgraduate course;
(b)a designated postgraduate course and a designated course;
(c)a designated postgraduate course and a designated part-time course.
(13) Where one of the events listed in paragraph (14) occurs in the course of an academic year—
(a)a student may qualify for a grant under this Part in respect of that academic year in accordance with this Part; and
(b)a grant of the kind available under this Part is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.
(14) The events are—
(a)the student’s course becomes a designated postgraduate course;
(b)the student, his spouse, his civil partner or his parent is recognised as a refugee or becomes a person with leave to enter or remain as defined in Part 1 of Schedule 1;
(c)the state of which the student is a national accedes to the European Community where the student has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the first academic year of the course;
(d)the student acquires the right of permanent residence as defined in Part 1 of Schedule 1;
(e)the student becomes a person described in paragraph 6(1)(a) of Schedule 1; or
(f)the student becomes the child of a Swiss national.
Commencement Information
I1Reg. 100 in force at 1.3.2006, see reg. 1(1)
101.—(1) A postgraduate course is designated for the purposes of section 22(1) of the 1998 Act and regulation 100 if—
(a)it is a course for entry to which a first degree (or equivalent qualification) or higher is normally required;
(b)it is a course—
(i)of at least one academic year’s duration; and
(ii)in the case of a part-time course, the duration of which does not exceed twice the period normally required to complete a full-time course leading to the same qualification;
(c)it is wholly provided by a publicly-funded educational institution or institutions in the United Kingdom or provided by such an institution or institutions in conjunction with an institution or institutions outside the United Kingdom; and
(d)it is not a course for the initial training of teachers or a course taken as part of an employment-based teacher training scheme.
(2) 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 it has entered 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 to be regarded as publicly funded if either the university or the constituent college or institution is publicly funded; and
(c)an institution is not to be 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(3).
(3) For the purposes of section 22 of the 1998 Act and regulation 100, the Secretary of State may designate courses of higher education which are not designated under paragraph (1).
Commencement Information
I2Reg. 101 in force at 1.3.2006, see reg. 1(1)
102.—(1) An eligible postgraduate student retains his status as an eligible postgraduate student in connection with a designated postgraduate course until the status is terminated in accordance with this regulation.
(2) The period for which an eligible postgraduate student retains the status is the “period of eligibility”.
(3) Subject to the following paragraphs, the period of eligibility terminates at the end of the period ordinarily required for the completion of the designated postgraduate course.
(4) The period of eligibility terminates when the eligible postgraduate student—
(a)withdraws from his designated postgraduate course in circumstances where the Secretary of State has not transferred or will not transfer his status as an eligible postgraduate student to another course under regulation 103; or
(b)abandons or is expelled from his designated postgraduate course.
(5) The Secretary of State may terminate the period of eligibility where the eligible postgraduate student has shown himself by his conduct to be unfitted to receive support.
(6) If the Secretary of State is satisfied that an eligible postgraduate student has failed to comply with any requirement to provide information under this Part or has provided information which is inaccurate in a material particular, the Secretary of State may take such of the following actions as she considers appropriate in the circumstances—
(a)terminate the period of eligibility;
(b)determine that the student no longer qualifies for a grant or any particular amount of grant;
(c)treat any support paid to the student as an overpayment which may be recovered under regulation 108.
(7) Where the period of eligibility terminates on or before the expiry of the period ordinarily required for the completion of the designated postgraduate course, the Secretary of State may, at any time, renew the period of eligibility for such period as she determines.
Commencement Information
I3Reg. 102 in force at 1.3.2006, see reg. 1(1)
103.—(1) Where an eligible postgraduate student transfers to another postgraduate course, the Secretary of State must transfer the student’s status as an eligible postgraduate student to that course where—
(a)she receives a request from the eligible postgraduate student to do so;
(b)she is 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)on the recommendation of the academic authority the eligible postgraduate student starts to undertake another designated postgraduate course at the institution; or
(b)the eligible postgraduate student starts to undertake a designated postgraduate course at another institution.
(3) Subject to paragraph (4), an eligible postgraduate student who transfers under paragraph (1) shall receive in connection with the academic year of the course to which he transfers the remainder of the support for which the Secretary of State has determined he qualifies in respect of the academic year of the course from which he transfers.
(4) The Secretary of State may re-assess the amount of support payable after the transfer.
(5) An eligible student who transfers under paragraph (1) after the Secretary of State has determined his support in connection with the academic year of the course from which he is transferring but before he completes that year may not apply for another grant under this Part in connection with the academic year of the course to which he transfers.
Commencement Information
I4Reg. 103 in force at 1.3.2006, see reg. 1(1)
104.—(1) A person (the “applicant”) must apply for a grant under this Part in connection with each academic year of a designated postgraduate course by completing and submitting to the Secretary of State an application in such form and accompanied by such documentation as the Secretary of State may require.
(2) The application must reach the Secretary of State as soon as is reasonably practicable.
(3) The Secretary of State may take such steps and make such inquiries as she considers necessary to determine whether the applicant is an eligible postgraduate student, whether he qualifies for a grant and the amount of grant payable, if any.
(4) The Secretary of State must notify the applicant—
(a)whether he qualifies for a grant;
(b)if he does qualify, the amount payable in respect of the academic year, if any; and
(c)how that amount is allocated between the types of eligible expenditure.
Commencement Information
I5Reg. 104 in force at 1.3.2006, see reg. 1(1)
105. Schedule 3 deals with the provision of information.
Commencement Information
I6Reg. 105 in force at 1.3.2006, see reg. 1(1)
106.—(1) Subject to paragraph (2), the grant under this Part is such amount as the Secretary of State considers appropriate to assist with one or more types of eligible expenditure.
(2) The grant must not exceed £5,780 in respect of an academic year.
(3) For the purposes of this Part, the “types of eligible expenditure” are—
(a)expenditure on a non-medical helper;
(b)expenditure on major items of specialist equipment; and
(c)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 part of the course, any period of study at an overseas institution or for the purposes of attending the British Institute in Paris.
Commencement Information
I7Reg. 106 in force at 1.3.2006, see reg. 1(1)
107.—(1) The Secretary of State may pay a grant for which a student qualifies under this Part in such instalments (if any) and at such times as she considers appropriate and in the exercise of her functions under this Part she may make provisional payments pending the final calculation of the amount of grant for which the student qualifies.
(2) Payments are made in such manner as the Secretary of State considers appropriate and she may make it a condition of entitlement to payment that the eligible postgraduate student must provide her with particulars of a bank or building society account in the United Kingdom into which payments may be made by electronic transfer.
Commencement Information
I8Reg. 107 in force at 1.3.2006, see reg. 1(1)
108.—(1) An eligible postgraduate student must, if so required by the Secretary of State, repay any amount paid to him under this Part which for whatever reason exceeds the amount of grant to which he is entitled under this Part.
(2) The Secretary of State must recover an overpayment of grant under this Part unless she considers it is not appropriate to do so.
(3) 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 Secretary of State under section 22 of the 1998 Act;
(b)taking such other action for the recovery of an overpayment as is available to the Secretary of State.
(4) A payment of grant under this Part made before the relevant date is an overpayment if the student withdraws from the course before the relevant date unless the Secretary of State decides otherwise.
(5) In this regulation, the “relevant date” is the date on which the first term of the academic year in question actually begins.
(6) In the circumstances in paragraphs (7) and (8), there is an overpayment of grant under this Part unless the Secretary of State decides otherwise.
(7) The circumstances are—
(a)the Secretary of State applies all or part of the grant under this Part to the purchase of specialist equipment on behalf of the eligible postgraduate student;
(b)the student withdraws from, abandons or is expelled from the course after the relevant date; and
(c)the equipment has not been delivered to the student before he withdraws from, abandons or is expelled from the course.
(8) The circumstances are—
(a)the eligible postgraduate student withdraws from, abandons or is expelled from the course after the relevant date; and
(b)a payment of grant under this Part in respect of specialist equipment is made to the student after he withdraws from, abandons or is expelled from the course.
(9) Where there is an overpayment of the grant under this Part, the Secretary of State may accept the return of specialist equipment purchased with the grant by way of recovery of all or part of the overpayment if she considers it is appropriate to do so.
Commencement Information
I9Reg. 108 in force at 1.3.2006, see reg. 1(1)
S.I. 1992/580, amended by S.S.I. 2002/423 and S.S.I. 2003/401.
1992 c. 13; section 65(3A) was inserted by the Teaching and Higher Education Act 1998 (c. 30), section 27.
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