The Education (Student Support) (Wales) (Amendment) Regulations 2016

EXPLANATORY NOTE

(This note is not part of the Regulations)

The Education (Student Support) (Wales) Regulations 2015 (“the 2015 Regulations”) provide for financial support for students who are ordinarily resident in Wales and taking designated higher education courses in respect of academic years beginning on or after 1 September 2015.

These Regulations make amendments to the 2015 Regulations, which will apply to the provision of support to students in relation to an academic year which begins on or after 1 September 2016. These Regulations also correct typographical errors in the 2015 Regulations.

Regulation 3 amends regulation 2 of the 2015 Regulations by inserting in paragraph (1) a definition of “entitlement period” and “valid declaration of eligibility”. These definitions relate to the amendments made to the 2015 Regulations by regulations 7 and 13.

Regulation 4 amends regulation 5 of the 2015 Regulations. It provides for the Welsh Ministers to suspend or revoke the designation of a course made under regulation 5 of the 2015 Regulations.

Regulation 5 corrects an error in the 2015 Regulations.

Regulation 6 amends regulation 12 of the 2015 Regulations. It allows the Welsh Ministers to require a student to sign a contract relating to a loan by means of an electronic signature.

Regulation 7 amends regulation 28 of the 2015 Regulations relating to eligibility for a childcare grant. An eligible student will not qualify for a childcare grant during any period in which an eligible student or an eligible student’s partner has made a valid declaration of eligibility under the Childcare Payments Act 2014.

Regulation 8 corrects an error in the English text of the 2015 Regulations.

Regulation 9 amends provisions relating to overpayments in regulation 67 of the 2015 Regulations. A person is to be treated for the purposes of regulation 67 as an eligible student notwithstanding that they do not satisfy the relevant eligibility criteria in the 2015 Regulations.

Regulation 10 amends regulation 71 of the 2015 Regulations. It provides for the designation of a course under regulation 71 to be suspended or revoked.

Regulation 11 amends provisions relating to overpayments in regulation 85 of the 2015 Regulations. The effect of this amendment is similar to regulation 9.

Regulation 12 amends regulation 88 of the 2015 Regulations. For certain part-time courses to be designated as eligible for student support, a course must lead to an award granted by a body which is authorised to grant degrees by a Royal Charter, under an Act or by another body permitted to act on such a body’s behalf. Regulation 12 also provides for the designation of a course under regulation 88 to be suspended or revoked.

Regulation 13 amends regulation 97 of the 2015 Regulations (part-time childcare grant). The effect of the change is similar to the amendments made by regulation 7 relating to the eligibility of full-time students to receive a childcare grant.

Regulation 14 corrects errors in the 2015 Regulations.

Regulation 15 amends provisions relating to overpayments in regulation 114 of the 2015 Regulations. The effect of this amendment is similar to those in regulation 9.

Regulation 16 corrects an error in the English text of the 2015 Regulations and provides for the designation of a course under regulation 117 of the 2015 Regulations to be suspended or revoked.

Regulation 17 amends provisions relating to overpayments in regulation 124 of the 2015 Regulations. The effect of this amendment is similar to those in regulation 9.

Regulation 18 introduces the Schedule. The Schedule substitutes various figures in regulations 17, 19, 21, 46, 47, 48, 49, 50 and 61 of the 2015 Regulations.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Higher Education Division, Welsh Government, Cathays Park, Cardiff, CF10 3NQ.