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The Education (Student Support) (Wales) Regulations 2018

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Changes and effects yet to be applied to Part 4 Chapter 2 Crossheading Transfers-and-conversions:

  • Regulations text amended by S.I. 2020/143 reg. 18-29 (These amendments not applied to legislation.gov.uk. Affecting Regulations revoked (14.2.2020) without ever being in force by S.I. 2020/154, regs. 2, 3)

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SECTION 5E+WTransfers and conversions

Transfer of statusE+W

28.—(1) Where an eligible student transfers from a designated course (in this Section, the “old course”) to another designated course (in this Section, the “new course”), the Welsh Ministers must transfer the student's status as an eligible student to the new course if—

(a)they receive a request from the student to do so,

(b)they are satisfied that one of the grounds of transfer applies (see paragraph (2)), and

(c)the student's period of eligibility has not ended or been terminated.

(2) The grounds of transfer are—

First ground

The eligible student ceases the old course and undertakes the new course at the same institution.

Including—

(a)where the old course is not a compressed degree course, undertaking the same course as a compressed degree course, or

(b)where the old course is a compressed degree course, undertaking the same course on a non-compressed basis.

Second ground

The eligible student undertakes the new course at another institution.

Third ground

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 (including an honours degree) of Bachelor of Education.

Fourth ground

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.

Fifth ground

After commencing a course for a first degree (other than an honours degree) the eligible student is, before the completion of that course, admitted to a designated course for an honours degree in the same subject at the same institution.

Effect of transfer – tuition fee loansE+W

29.  Where the Welsh Ministers transfer an eligible student's status under regulation 28 during an academic year, the amount of tuition fee loan payable in respect of that academic year is to be determined by the Welsh Ministers as follows—

Step 1

Calculate, in accordance with Part 6, the amounts of tuition fee loan that would have been payable in respect of—

(a)the old course, and

(b)the new course,

for the whole academic year.

Step 2

Reduce those amounts by such proportion as the Welsh Ministers think appropriate having regard to—

(a)the day on which the transfer occurs, and

(b)the need to ensure that no amount is payable in respect of both courses for the same period.

Effect of transfer – grants and maintenance loansE+W

30.—(1) This regulation applies where the Welsh Ministers transfer an eligible student's status under regulation 28 during an academic year.

(2) If regulation 31 applies to the transfer, the total amount of any grants and maintenance loan payable to the eligible student for the academic year must be reassessed in accordance with that regulation.

(3) If regulation 31 does not apply to the transfer—

(a)the Welsh Ministers may re-assess the amount of any grants and maintenance loan payable to the eligible student for the academic year, but

(b)if no re-assessment is made, the total amount of any grants and maintenance loan payable to the eligible student is the amount which the Welsh Ministers assessed as the amount payable to the student for the academic year in respect of the old course.

(4) Paragraph (5) applies where the transfer occurs after the Welsh Ministers have assessed the amount of any grants or maintenance loan payable to the eligible student for the academic year in respect of the old course but before the student completes that year.

(5) Where this paragraph applies, the eligible student may not apply in respect of the academic year of the new course for another grant or loan of a kind for which the student has already applied in respect of the academic year of the old course (unless specifically permitted to do so by these Regulations).

(6) Where, immediately before the transfer, the eligible student—

(a)was eligible to apply for a maintenance loan for the academic year of the old course, and

(b)had not applied for the maximum amount for which the student was entitled,

paragraph (5) does not prevent the student from applying for an additional amount of loan (whether or not a reassessment is made under this regulation or regulation 31).

(7) Where an eligible student has applied for a disabled student's grant for the academic year in which the transfer occurs, paragraph (5) does not prevent the student from making a further such application—

(a)for a purpose for which the student has not already applied, or

(b)for an additional amount in respect of a purpose for the which the student has already applied.

Transfers involving conversions between part-time and full-time studyE+W

31.—(1) This regulation applies where, in relation to a transfer under regulation 28—

(a)the old course is a full-time course and the new course is a part-time course, or

(b)the old course is a part-time course and the new course is a full-time course.

(2) Where this regulation applies, the total amount of any grants and maintenance loan payable to the eligible student for the academic year is to be reassessed by the Welsh Ministers as follows—

Step 1

Calculate, in accordance with Parts 7 to 11, the amounts of any grants and maintenance loan that would have been payable in respect of—

(a)the old course, and

(b)the new course,

for the whole academic year.

Step 2

Reduce those amounts by multiplying them by the appropriate fraction.

The total of the two amounts arrived at under Step 2 is the total amount of grants and maintenance loan payable to the student for the academic year during which the transfer occurs.

(3) In Step 2 of paragraph (2), the appropriate fraction in relation to the old course is the fraction where—

(a)the numerator is the number of days in the academic year up to and including the day on which the transfer occurs, and

(b)the denominator is the total number of days in the academic year.

(4) In Step 2 of paragraph (2), the appropriate fraction in relation to the new course is the fraction where—

(a)the numerator is the number of days remaining in the academic year after the day on which the transfer occurs, and

(b)the denominator is the total number of days in the academic year.

(5) For the avoidance of doubt, where the start date of the academic year of the new course is later than the start date of the academic year of the old course, references in paragraph (4) to the academic year are to the academic year of the new course.

Yn ôl i’r brig

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