The Education (Student Support) (Wales) Regulations 2018

Regulation 4(1)

SCHEDULE 1 Interpretation

Meaning of academic year

1.—(1) An “academic year”, in respect of a course, is determined as follows—

(a) identify the period in Column 2 of Table 14 within which the academic year actually begins;

(b) the academic year is the period of 12 months beginning on the date specified in the entry in Column 1 of the Table corresponding to the period set out in Column 2.

(2) But if the course is a compressed first year course, “academic year”, in respect of the first year of the course, means the period of 8 months beginning on the date so specified.

(3) Any reference in these Regulations to an “academic year” is a reference to a year determined in accordance with sub-paragraphs (1) and (2).

Table 14

Column 1 Start date of academic year for the purposes of these regulations	Column 2 Period within which academic year begins
1 September	On or after 1 August but before 1 January
1 January	On or after 1 January but before 1 April
1 April	On or after 1 April but before 1 July
1 July	On or after 1 July but before 1 August

Educational institutions

2.  In these Regulations—

(a) “recognised educational institution” means—

(i) a Welsh regulated institution,

(ii) an English regulated institution,

(iii) an institution maintained or assisted by recurrent grants out of funds provided by the Scottish Ministers, or

(iv) an institution maintained or assisted by recurrent grants out of funds provided by the Northern Ireland Executive;

(b) “Welsh regulated institution” means an institution which has a fee and access plan approved by the Higher Education Funding Council for Wales under section 7 of the Higher Education (Wales) Act 2015(1) and which remains in force;

(c) “English regulated institution” means an institution maintained or assisted by recurrent grants from the Higher Education Funding Council for England.

Location of an eligible student

3.—(1) In these Regulations, in relation to an eligible student—

(a) “living at home” means that the student is living at the student’s parent’s home while undertaking the present course;

(b) “living away from home, studying in London” means that the student is living away from the student’s parent’s home while—

(i) undertaking a course at the University of London,

(ii) undertaking a course at an institution requiring attendance in the academic year at a site that is wholly or partly in London where at least half of any quarter of the course is provided at such a site, or

(iii) undertaking a sandwich course in the academic year at an institution that requires the student to undertake work experience, or a combination of work experience and study, in London where that work experience, or combination of work experience and study, is undertaken for at least half of any quarter;

(c) “living away from home, studying elsewhere” means that the eligible student is living away from the student’s parent’s home but not studying in London, including attending an institution outside the United Kingdom as part of the student’s course or undertaking an overseas work placement in an Erasmus year.

(2) For the purposes of sub-paragraph (1), “London” means the area comprising the City of London and the former Metropolitan Police District.

(3) In sub-paragraph (2), “former Metropolitan Police District” 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—

(i) the area of the former urban district of Chigwell, and

(ii) the parish of Waltham Abbey,

(c) in the county of Hertfordshire—

(i) in the borough of Broxbourne, the area of the former urban district of Cheshunt,

(ii) the district of Hertsmere, and

(iii) in the district of Welwyn Hatfield, the parish of Northaw, and

(d) in the county of Surrey—

(i) in the borough of Elmbridge, the area of the former urban district of Esher,

(ii) the boroughs of Epsom and Ewell and Spelthorne, and

(iii) in the district of Reigate and Banstead, the area of the former urban district of Banstead.

Meaning of Erasmus year

4.—(1) In these Regulations, an “Erasmus year” is an academic year in which a student—

(a) participates in the ERASMUS scheme as part of a course provided wholly by a recognised educational institution, and

(b) satisfies condition A, B, or C in sub-paragraph (2).

(2) The conditions are—

Condition A

(a) The course is provided by an institution in Northern Ireland, and

(b) the student completes all periods of study or work placement under the scheme outside the United Kingdom.

Condition B

(a) The course is provided by an institution in England, Scotland or Wales,

(b) at least one period of study or work placement under the scheme is attended at an institution or workplace outside the United Kingdom during the academic year, and

(c) during that academic year, the aggregate of any one or more periods of full-time study at the institution in England, Scotland or Wales is less than 10 weeks.

Condition C

(a) The course is provided by an institution in England, Scotland or Wales,

(b) at least one period of study or work placement under the scheme is attended at an institution or workplace outside the United Kingdom during the academic year, and

(c) during 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 England, Scotland or Wales), disregarding any intervening vacations, exceeds 30 weeks.

(3) In sub-paragraph (1), “ERASMUS scheme” means the European Union’s action scheme for the mobility of university students(2).

Part-time students – calculation of intensity of study

5.—(1) In these Regulations, a reference to the intensity of study in relation to a part-time course is a reference to the lower of—

(a) the percentage calculated in accordance with sub-paragraph (2), or

(b) 75%.

(2) The percentage is calculated as follows—

Where—

• PT is the number of modules, credits, credit points, points or other units to be awarded to the student undertaking the part-time course by the academic authority if the student successfully completes the academic year in connection with which the student is applying for support, and

• FT is—

  (a)

  where the course is provided by or on behalf of the Open University, 120;

  (b)

  where the course is provided by or on behalf of any other institution, the number of modules, credits, credit points, points or other units that a standard full-time student would be required to obtain in each academic year in order to complete the full-time equivalent within the period ordinarily required to complete that course.

(3) For the purposes of sub-paragraph (2)—

(a) “full-time equivalent” means a full-time course leading to the same qualification as the part-time course in question;

(b) the “period ordinarily required to complete the full-time equivalent” means the period in which a standard full-time student would complete the full-time equivalent;

(c) “standard full-time student” means a student who is taken—

(i) to have started the full-time equivalent on the same date as the student undertaking the part-time course in question,

(ii) not to have been excused any part of the full-time equivalent,

(iii) not to have repeated any part of the full-time equivalent, and

(iv) not to have been absent from the full-time equivalent other than during vacations.

Interpretation of other key terms

6.—(1) In these Regulations—

“academic authority” (“awdurdod academiadd”) 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;

“accelerated graduate entry course” (“cwrs mynediad graddedig carlam”) means a full-time course—

(a)

which leads to a qualification as a medical doctor or dentist,

(b)

the standard of which is not higher than a first degree course,

(c)

where the normal entry requirement is a first degree or equivalent qualification, and

(d)

which does not exceed 4 years duration;

“close relative” (“perthynas agos”) (in relation to a person (“P”)) means—

(a)

P’s spouse or civil partner;

(b)

a person ordinarily living with P as if the person were P’s spouse or civil partner;

(c)

P’s parent, where P is under the age of 25;

“compressed degree course” (“cwrs gradd cywasgedig”) means a course determined as such by—

(a)

the Welsh Ministers in accordance with sub-paragraph (2), or

(b)

the Secretary of State in accordance with regulation 2(2) of the Education (Student Support) Regulations 2011(3);

“compressed first year course” (“cwrs blwyddyn gyntaf gywasgedig”) means a course where—

(a)

the first year is to be completed in a period of not more than seven months, and

(b)

no other years of the course are undertaken on such a compressed basis;

“course for the initial training of teachers” (“cwrs ar gyfer hyfforddiant cychwynnol athrawon”) includes a teacher training course leading to a first degree but excludes an employment-based teacher training scheme (within the meaning given by regulation 7(2));

“distance learning course” (“cwrs dysgu o bell”) means a course in relation to which a student undertaking the course is not required to be in attendance by the institution providing the course, other than to satisfy any requirement imposed by the institution to attend any institution—

(a)

for the purposes of registration, enrolment or examination, or

(b)

on a weekend or during a vacation;

“end-on course” (“cwrs penben”) 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 undertakes immediately after ceasing to undertake a full-time relevant education course,

(b)

a full-time honours degree course which, disregarding any intervening vacation, a student undertakes immediately after ceasing to undertake a full-time relevant degree course,

(c)

a part-time first degree course (other than a first degree course for the initial training of teachers) which, disregarding any intervening vacation, a student undertakes immediately after ceasing to undertake a part-time relevant education course, or

(d)

a part-time honours degree course which, disregarding any intervening vacation, a student undertakes immediately after ceasing to undertake a part-time relevant degree course;

and in this definition—

“relevant degree course” (“cwrs gradd perthnasol”) means—

(a)

a foundation degree course, or

(b)

an ordinary degree course,

for which the student received or was entitled to receive support under these Regulations;

“relevant education course” (“cwrs addysg perthnasol”) means—

(a)

a course for the diploma of higher education,

(b)

a course for the Higher National Diploma or Higher National Certificate of—

(i)

the Business and Technology Education Council, or

(ii)

the Scottish Qualification Authority, or

(c)

a course for the certificate of Higher Education,

for which the student received or was entitled to receive support under these Regulations;

“fees” (“ffioedd”) has the meaning given in section 57(1) of the Higher Education (Wales) Act 2015(4) but this definition does not apply to Oxbridge college fees (see Schedule 5);

“member of the armed forces” (“aelod o’r lluoedd arfog”) means a member of the regular naval, military or air forces of the Crown;

“period of work experience” (“cyfnod o brofiad gwaith”) means—

(a)

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

(b)

a period during which a student is employed and residing in a country whose language is one that the student is studying for the student’s present course (provided that the period of residence in that country is a requirement of the student’s 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 applies for support under regulation 32;

“prisoner” (“carcharor”) means a person who is serving a sentence of imprisonment in the United Kingdom including a person detained in a young offender institution (and “prison” is to be construed accordingly);

“publicly funded institution” (“sefydliad a gyllidir yn gyhoeddus”) means an institution in the United Kingdom maintained or assisted by recurrent grants out of funds provided by –

(a)

Parliament;

(b)

the Welsh Ministers;

(c)

the Scottish Ministers;

(d)

the Northern Ireland Executive,

or from funds attributable to such funds;

“qualified teacher” (“athro cymwysiedig neu athrawes gymwysiedig”) means a person who satisfies requirements specified in regulations under section 132 of the Education Act 2002(5);

“quarter” (“chwarter”) means a period of the academic year—

(a)

beginning on 1 September and ending on 31 December;

(b)

beginning on 1 January and ending on 31 March;

(c)

beginning on 1 April and ending on 30 June;

(d)

beginning on 1 July and ending on 31 August;

“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)

Science and Technology Facilities Council;

“sandwich course” (“cwrs rhyngosod”) means a course—

(a)

which consists of alternate periods of full-time study in an institution and periods of work experience, and

(b)

where, taking the course as a whole, the student attends the periods of full-time study at the institution for an average of not less than 18 weeks in each year (and where days of full-time study alternate with days of work experience in any week, those days of study may be aggregated with each other and with any full weeks of full-time study in determining the number of weeks of full-time study in a year);

• for the purposes of paragraph (b) the course is to be treated as beginning with the first period of full-time study and ending with the last such period;

• but a course for the initial training of teachers is not a sandwich course;

• nor is an academic year of a designated course which is an Erasmus year to be treated as a sandwich course;

“statutory award” (“dyfarndal statudol”) means any award bestowed, grant paid, or other support provided, by virtue of the 1998 Act or the Education Act 1962, or any comparable award, grant, or other support, in respect of undertaking a course which is paid out of funds provided by a publicly funded institution;

“support” (“cymorth”), except where otherwise indicated, means financial support by way of grant or loan made by the Welsh Ministers under—

(a)

these Regulations, or

(b)

any other regulations made under section 22 of the 1998 Act.

(2) The Welsh Ministers may determine that a course is a compressed degree course if the course—

(a) is a full-time designated course for a first degree (other than a foundation degree), and

(b) is of two academic years’ duration.

(1)

2015 anaw 1.

(2)

ERASMUS is part of the European Community action programme SOCRATES;OJ No L28,3.2.2000 p.1.

(3)

S.I. 2011/1986, amended by S.I. 2012/1653, S.I. 2013/235, S.I. 2013/630, S.I. 2013/1728, S.I. 2013/3106, S.I. 2014/1766, S.I. 2014/2103, S.I. 2014/2765, S.I. 2015/1951, S.I. 2016/211, S.I. 2016/270, S.I. 2016/584, S.I. 2017/52, S.I. 2017/114 and S.I. 2017/204.

(4)

2015 anaw 1.

(5)

2002 c.32; the regulations are the Education (Teachers’ Qualifications and Health Standards) (Wales) Regulations 1999, S.I. 1999/2817, the Education (School Teachers’ Qualifications) (England) Regulations 2003, S.I. 2003/1662, the School Teachers’ Qualifications (Wales) Regulations 2012, S.I. 2012/724 and the Education Workforce Council (Accreditation of Initial Teacher Training) (Wales) Regulations 2017, S.I. 2017/165.