The title of these Regulations is the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2009.

These Regulations come into force on 5 November 2009 and apply in relation to Wales.

In these Regulations, except where the context otherwise requires—

• “the 1962 Act” (“Deddf 1962”) means the Education Act 19623;

• “the 1998 Regulations” (“Rheoliadau 1998”) means the Education (Student Support) Regulations 19984;

• “the 1999 Regulations” (“Rheoliadau 1999”) means the Education (Student Support) Regulations 19995;

• “the 2000 Regulations” (“Rheoliadau 2000”) means the Education (Student Support) Regulations 20006;

• “the 2001 Regulations” (“Rheoliadau 2001”) means the Education (Student Support) Regulations 20017;

• “the 2002 Regulations” (“Rheoliadau 2002”) means the Education (Student Support) Regulations 20028;

• “the 2003 Regulations” (“Rheoliadau 2003”) means the Education (Student Support) (No. 2) Regulations 20029 as amended by the Education (Student Support) (No. 2) Regulations 2002 (Amendment) Regulations 200310 and the Education (Student Fees and Support) (Switzerland) Regulations 200311;

• “the 2004 Regulations” (“Rheoliadau 2004”) means the 2003 Regulations as amended by the Education (Student Support) (No. 2) Regulations 2002 (Amendment) Regulations 200412, the Education (Student Support) (No. 2) Regulations 2002 (Amendment) (No. 2) Regulations 200413, the Education (Student Support) (No. 2) Regulations 2002 (Amendment) (No. 3) Regulations 200414, the Education (Student Support) (No. 2) Regulations 2002 (Amendment) (No. 4) Regulations 200415, the Education (Student Support) (No. 2) Regulations 2002 (Amendment) Regulations 200516, the Education (Student Support) (Amendment) Regulations 200517 and the Education (Student Support) (Amendment) (No.2) Regulations 200518;

• “the 2005 Regulations” (“Rheoliadau 2005”) means the Education (Student Support) Regulations 200519);

• “the 2006 Regulations” (“Rheoliadau 2006”) means the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 200620) as amended by the Assembly Learning Grants and Loans (Higher Education) (Wales) (Amendment) Regulations 200621);

• “the 2007 Regulations” (“Rheoliadau 2007”) means the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 200722) as amended by the Assembly Learning Grants and Loans (Higher Education) (Wales) (Amendment) Regulations 200723), the Assembly Learning Grants and Loans (Higher Education) (Wales)(Amendment) (No.2) Regulations 200724) and the Assembly Learning Grants and Loans (Higher Education) (Wales) (Amendment) (No.3) Regulations 200725);

• “the 2008 Regulations” (“Rheoliadau 2008”) means the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 200826 as amended by the Assembly Learning Grants and Loans (Higher Education) (Wales) (Amendment) Regulations 200827 and the 2008 (No. 2) Regulations;

• “the 2008 (No. 2) Regulations” (“Rheoliadau (Rhif 2) 2008”) means the Assembly Learning Grants and Loans (Higher Education) (Wales) (No. 2) Regulations 200828;

• “2010 cohort student” (“myfyriwr carfan 2010”) means an eligible student who begins the present course on or after 1 September 2010, other than—

  1. a

     a 2010 gap year student;

  2. b

     an eligible student who started the present course on or after 1 September 2010 where that course is an end-on course following on from a course that—

     1. i

        he or she started before 1 September 2010; or

     2. ii

        he or she started before 1 September 2011 and in relation to which he or she is a 2010 gap year student; or

  3. c

     an eligible student who started the present course on or after 1 September 2010 having had his or her status as an eligible student transferred to that course as a result of one or more transfers of that status by the Welsh Ministers pursuant to regulations made under section 22 of the Act from a designated course which he or she began—

     1. i

        before 1 September 2010; or

     2. ii

        before 1 September 2011 and in relation to which he or she is a 2010 gap year student;

• “2010 gap year student” (“myfyriwr blwyddyn i ffwrdd 2010 ”) has the meaning given in paragraph (13);

• “academic authority” (“awdurdod academaidd”) 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;

• “academic year” (“blwyddyn academaidd”) means the period of twelve months beginning on 1 January, 1 April, 1 July or 1 September of the calendar year in which the academic year of the course in question begins according to whether that academic year begins on or after 1 January and before 1 April, on or after 1 April and before 1 July, on or after 1 July and before 1 August or on or after 1 August and on or before 31 December, respectively;

• “accelerated course” (“cwrs carlam”) means a course which persons undertaking it are normally required by the institution providing it to attend (whether at premises of the institution or elsewhere) for a period of at least 40 weeks in the final year, being a course of two academic years' duration;

• “the Act” (“y Ddeddf”) means the Teaching and Higher Education Act 1998;

• “borrower” (“benthyciwr”) means a person to whom a loan has been made;

• “bursary year” (“blwyddyn bwrsari”) means an academic year of a course—

  1. a

     in relation to which the student is eligible to receive any payment under a healthcare bursary the amount of which is calculated by reference to his or her income; or

  2. b

     in relation to which the student is eligible to receive a Scottish healthcare allowance the amount of which is calculated by reference to his or her income;

• “college fee loan” (“benthyciad at ffioedd coleg”) means a loan for college fees payable to a qualifying student pursuant to regulations made by the Welsh Ministers under section 22 of the Act;

• “compressed degree course” (“cwrs gradd cywasgedig”) means a course determined in accordance with paragraph (2) to be a compressed degree course;

• “compressed degree student” (“myfyriwr cwrs gradd cywasgedig”) means an eligible student who—

  1. a

     is undertaking a compressed degree course in the United Kingdom ( the “course”);

  2. b

     either—

     1. i

        began the course on or after 1 September 2006 and is continuing on that course after 31 August 2010; or

     2. ii

        begins the course on or after 1 September 2010; and

  3. c

     either—

     1. i

        is required to be in attendance on the course for part of the academic year for which he or she is applying for support; or

     2. ii

        is a disabled student who is not required to be in attendance on the course because he or she is unable to attend because of a reason which relates to his or her disability;

• “contribution” (“cyfraniad”) means in relation to—

  1. a

     an eligible student, the student’s contribution calculated pursuant to regulation 59 and Schedule 5;

  2. b

     an eligible part-time student, the student’s contribution calculated pursuant to regulation 97 and Schedule 6;

• “course for the initial training of teachers” (“cwrs ar gyfer hyfforddiant cychwynnol athrawon”) includes such a course leading to a first degree unless otherwise indicated but excludes an employment-based teacher training scheme;

• “designated course” (“cwrs dynodedig”) means a course designated by regulation 5 or by the Welsh Ministers under regulation 5;

• “designated distance learning course” (“cwrs dysgu o bell dynodedig”) means a course designated by the Welsh Ministers under regulation 70;

• “designated part-time course” (“cwrs rhan-amser dynodedig”) means a course designated by regulation 86 or by the Welsh Ministers under regulation 86;

• “designated postgraduate course” (“cwrs ôl-radd dynodedig”) means a course designated by regulation 110 or by the Welsh Ministers under regulation 110;

• “Directive 2004/38” (“Cyfarwyddeb 2004/38”) means Directive 2004/38/EC of the European Parliament and of the Council of 29 April 200429 on the rights of citizens of the Union and their family members to move and reside freely in the territory of the Member States;

• “EC national” (“gwladolyn o'r GE”) means a national of a Member State of the European Community;

• “electronic signature” (“llofnod electronig”) is so much of anything in electronic form as—

  1. a

     is incorporated into or otherwise logically associated with any electronic communication or electronic data; and

  2. b

     purports to be so incorporated or associated for the purpose of being used in establishing the authenticity of the communication or data, the integrity of the communication or data, or both;

• “eligible distance learning student” (“myfyriwr dysgu o bell cymwys”) has the meaning given in regulation 68;

• “eligible part-time student” (“myfyriwr rhan-amser cymwys”) has the meaning given in regulation 85;

• “eligible postgraduate student” (“myfyriwr ôl-raddedig cymwys”) has the meaning given in regulation 109;

• “eligible student” (“myfyriwr cymwys”) has the meaning given in regulation 4;

• “employment-based teacher training scheme” (“cynllun hyfforddi athrawon ar sail cyflogaeth”) means—

  1. a

     a scheme established by the Welsh Ministers for the purpose of regulation 8 of the Education (School Teachers' Qualifications) (Wales) Regulations 200430 whereby a person may undertake initial teacher training in order to obtain qualified teacher status while being employed to teach at a maintained school, an independent school or other institution except a pupil referral unit; or

  2. b

     a scheme established by the Secretary of State whereby a person may undertake initial teacher training in order to obtain qualified teacher training status while being employed to teach at a school, city college, Academy, independent school or other institution except a pupil referral unit;

• “end-on course” (“cwrs penben”) means—

  1. 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 begins to attend immediately after ceasing to attend a full-time course mentioned in paragraph 2 or 3 of Schedule 2 for which the student received or was entitled to receive a transitional award, a loan under the 1998 Regulations or support under the 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008 or 2008 (No. 2) Regulations;

  2. b

     a full-time honours degree course beginning on or after 1 September 2006 which, disregarding any intervening vacation, a student starts to attend immediately after ceasing to attend a full-time foundation degree course for which the student received or was entitled to receive a transitional award, a loan under the 1998 Regulations or support under the 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008 or 2008 (No. 2) Regulations;

  3. c

     a course for the initial training of teachers beginning before 1 September 2006 the duration of which does not exceed two years (the duration of a part-time course being expressed as its full-time equivalent) which, disregarding any intervening vacation, a student begins to attend immediately after ceasing to attend a first degree course for which the student received or was entitled to receive a transitional award, a loan under the 1998 Regulations or support under the 1999, 2000, 2001, 2002, 2003, 2004 or 2005 Regulations;

• “Erasmus year” (“blwyddyn Erasmus”) means an academic year of a course during which a student is participating in the action scheme of the European Community for the mobility of university students known as ERASMUS31 and where the student’s course is a course referred to in regulation 5(1)(e) and all the periods of study during the academic year are at an institution outside the United Kingdom;

• “European Community” (“Y Gymuned Ewropeaidd”) means the territory comprised by the Member States of the European Community as constituted from time to time;

• “fees” (“ffioedd”) has the meaning given in section 28(1) of the Act except in references to college fees;

• “fee support” (“cymorth at ffioedd”) means grants in relation to fees pursuant to regulations made by the Welsh Ministers under section 22 of the Act and includes grants in relation to fees under Part 4;

• “flexible postgraduate ITT course” (“cwrs HCA hyblyg i ôl-raddedigion”) means a postgraduate course of initial teacher training, the length and pattern of which is determined by reference to the eligible student’s experience and training requirements and which has been approved by the Training and Development Agency for Schools 32 or the Higher Education Funding Council for Wales33 where the course—

  1. a

     began before 1 September 2010;

  2. b

     begins on or after 1 September 2010 where the student transfers to the present course pursuant to regulation 8 from a course for the initial training of teachers which began before 1 September 2010; or

  3. c

     begins on or after 1 September 2010 but before 1 September 2011 and in relation to which the student is a 2010 gap year student;

• “former Metropolitan Police District” (“cyn Ardal yr Heddlu Metropolitanaidd”) means—

  1. a

     Greater London, excluding the city of London, the Inner Temple and the Middle Temple;

  2. b

     in the county of Essex, in the district of Epping Forest—

     • the area of the former urban district of Chigwell,

     • the parish of Waltham Abbey;

  3. c

     in the county of Hertfordshire—

     • in the borough of Broxbourne, the area of the former urban district of Cheshunt,

     • the district of Hertsmere,

     • in the district of Welwyn Hatfield, the parish of Northaw; and

  4. d

     in the county of Surrey—

     • in the borough of Elmbridge, the area of the former urban district of Esher,

     • the boroughs of Epsom and Ewell and Spelthorne,

     • in the district of Reigate and Banstead, the area of the former urban district of Banstead;

• “gap year student” (“myfyriwr sy'n cymryd blwyddyn i ffwrdd”) has the meaning given in paragraph (3);

• “grant for disabled distance learning students' living costs” (“grant at gostau byw myfyrwyr dysgu o bell anabl”) means the grant payable under regulation 75;

• “grant for disabled part-time students' living costs” (“grant at gostau byw myfyrwyr rhan-amser anabl”) means the grant payable under regulation 89;

• “grant for disabled students' living costs” (“grant at gostau byw myfyrwyr anabl”) means the grant payable under regulation 25;

• “grant for living costs” (“grant at gostau byw”) (without more) means a grant under any of the provisions of Part 5 of these Regulations;

• “healthcare bursary” (“bwrsari gofal iechyd”) means a bursary or award of similar description under section 63 of the Health Services and Public Health Act 196834 or Article 44 of the Health and Personal Social Services (Northern Ireland) Order 197235;

• “higher education course” (“cwrs addysg uwch”) means a course referred to in Schedule 2 or a postgraduate or other course the standard of which is higher than the standard of a first degree course;

• “household income” (“incwm yr aelwyd”, “incwm aelwyd”, “incwm sydd gan yr aelwyd”) in relation to—

  1. a

     an eligible student, has the meaning given in Schedule 5;

  2. b

     an eligible part-time student, has the meaning given in Schedule 6;

• “information” (“gwybodaeth”) includes documents;

• “Institute” (“yr Athrofa”) means the University of London Institute in Paris36;

• “intensive course” (“cwrs dwys”) means an accelerated course or a compressed degree course;

• “Islands” (“Ynysoedd”) means the Channel Islands and the Isle of Man;

• “loan” (“benthyciad”), except where otherwise indicated, means a loan pursuant to any regulations made by the Welsh Ministers under section 22 of the Act, including the interest accrued on the loan and any penalties or charges incurred in connection with it;

• “loan for living costs” (“benthyciad at gostau byw”) means a loan for living costs pursuant to regulations made by the Welsh Ministers under section 22 of the Act;

• “maintained school” (“ysgol a gynhelir”) means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school;

• “new fee grant” (“grant newydd at ffioedd”) means a grant made by the Welsh Ministers under regulation 19;

• “new system eligible student” (“myfyriwr cymwys o dan y drefn newydd”) means an eligible student who—

  1. a

     is not an old system eligible student; and

  2. b

     either—

     1. i

        started the present course on or after 1 September 2006 and is continuing on that course after 31 August 2010; or

     2. ii

        starts the present course on or after 1 September 2010;

• “old award” (“hen ddyfarniad”) is an award within the meaning of the Education (Mandatory Awards) Regulations 200337;

• “old flexible postgraduate course for the initial training of teachers” (“hen gwrs ôl-radd hyblyg ar gyfer hyfforddiant cychwynnol i athrawon”) means a flexible postgraduate ITT course which a student started to attend, before 1 September 2008;

• “old system eligible student” (“myfyriwr cymwys o dan yr hen drefn”) means an eligible student who—

  1. a

     started the present course before 1 September 2006 and who is continuing on that course after 31 August 2010;

  2. b

     is a gap-year student in relation to the present course;

  3. c

     started the present course on or after 1 September 2006 where that course is an end-on course (other than one of the kind referred to in paragraph (c) of the definition of “end-on course” in this regulation) following on from a course that—

     1. i

        he or she started before 1 September 2006; or

     2. ii

        he or she started before 1 September 2007 and in relation to which he or she was a gap-year student; or

  4. d

     started the present course on or after 1 September 2006 having had his or her status as an eligible student transferred to that course as a result of one or more transfers of that status by the Welsh Ministers pursuant to regulations made under section 22 of the Act from a designated course which he or she began—

     1. i

        before 1 September 2006; or

     2. ii

        before 1 September 2007 and in relation to which he or she was a gap year student;

• “ordinary duration” (“cyfnod arferol”) means, in relation to a designated course, the number of academic years that a standard student would take to complete the designated course excluding any academic years of the course that are bursary years or Erasmus years;

• “part-time adult dependants' grant” (“grant rhan-amser ar gyfer dibynyddion mewn oed”) means the grant payable under regulation 92;

• “part-time childcare grant” (“grant rhan-amser ar gyfer gofal plant”) means the grant payable under regulation 93;

• “part-time grants for dependants” (“grantiau rhan-amser ar gyfer dibynyddion”) means the grants and allowance listed in regulation 91(1);

• “part-time parents' learning allowance” (“lwfans dysgu rhan-amser ar gyfer rhieni”) means the allowance payable under regulation 94;

• “periods of work experience” (“cyfnodau o brofiad gwaith”) means—

  1. a

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

  2. b

     periods during which a student is employed and residing in a country whose language is one that he or she is studying for his or her course (provided that the period of residence in that country is a requirement of his or her 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);

• “person with leave to enter or remain” (“person sydd a chaniatâd i ddod i mewn neu i aros”) means a person—

  1. a

     who has been informed by a person acting under the authority of the Secretary of State for the Home Department that, although he or she is considered not to qualify for recognition as a refugee, it is thought right to allow him or her to enter or remain in the United Kingdom;

  2. b

     who has been granted leave to enter or to remain accordingly;

  3. c

     whose period of leave to enter or remain has not expired or has been renewed and the period for which it was renewed has not expired or in respect of whose leave to enter or remain an appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 200238; and

  4. d

     who has been ordinarily resident in the United Kingdom and Islands throughout the period since he or she was granted leave to enter or remain;

• “preliminary course” (“cwrs rhagarweiniol”) means a course mentioned in paragraph 2 or 3 of Schedule 2 that is taken before a full-time degree course (other than a first degree course for the initial training of teachers) or a foundation degree course that is taken before a full-time honours degree course, as the case may be;

• “present course” (“cwrs presennol”) means the designated course in respect of which a person is applying for support;

• “present distance learning course” (“cwrs dysgu o bell presennol”) means the designated distance learning course in respect of which a person is applying for support;

• “present part-time course” (“cwrs rhan-amser presennol”) means the designated part-time course in respect of which a person is applying for support;

• “present postgraduate course” (“cwrs ôl-radd presennol”) means the designated postgraduate course in respect of which a person is applying for support;

• “private institution” (“sefydliad preifat”) means an institution which is not publicly funded;

• “public funds” (“cronfeydd cyhoeddus”) means moneys provided by Parliament including funds provided by the Welsh Ministers;

• “publicly-funded” (“a ariennir yn gyhoeddus”, “a ariannwyd yn gyhoeddus”) means maintained or assisted by recurrent grants out of public funds, and related expressions are to be interpreted accordingly;

• “qualified teacher” (“athro cymwysedig neu athrawes gymwysedig”, “athro cymwysedig neu'n athrawes gymwysedig”) has the meaning given in section 132(1) of the Education Act 200239;

• “qualifying course” (“cwrs cymhwysol”) means a full-time designated course which is provided by the University of Oxford or the University of Cambridge and—

  1. a

     leads to qualification as a social worker, medical doctor, dentist, veterinary surgeon or architect;

  2. b

     where it began before 1 September 2009, leads to qualification as a landscape architect, landscape designer, landscape manager, town planner or town and country planner; or

  3. c

     consists of at least one academic year which is a bursary year;

• “qualifying student” (“myfyriwr cymhwysol”) means a person who satisfies the criteria in paragraph 2 of Schedule 4;

• “quarter” (“chwarter”) in relation to an academic year means a period in that year—

  1. a

     beginning on 1 January and ending on 31 March;

  2. b

     beginning on 1 April and ending on 30 June;

  3. c

     beginning on 1 July and ending on 31 August; or

  4. d

     beginning on 1 September and ending on 31 December;

• “refugee” (“ffoadur”) means a person who is recognised by Her Majesty’s government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28 July 195140 as extended by the Protocol thereto which entered into force on 4 October 196741;

• “Research Council” (“Cyngor Ymchwil”) means any of the following research councils—

  1. a

     Arts and Humanities Research Council,

  2. b

     Biotechnology and Biological Sciences Research Council,

  3. c

     Economic and Social Research Council,

  4. d

     Engineering and Physical Sciences Research Council,

  5. e

     Medical Research Council,

  6. f

     Natural Environment Research Council,

  7. g

     Science and Technology Facilities Council;

• “right of permanent residence” (“hawl i breswylio'n barhaol”) means a right arising under Directive 2004/38 to reside in the United Kingdom permanently without restriction;

• “sandwich course” (“cwrs rhyngosod”) has the meaning given in paragraph (7);

• “Scottish healthcare allowance” (“lwfans gofal iechyd yr Alban”) means any allowance under sections 73(f) and 74(1) of the Education (Scotland) Act 198042 granted in respect of a person attending a course leading to a qualification in a healthcare profession other than as a medical doctor or dentist;

• “specified designated course” (“cwrs dynodedig a bennir”) has the meaning given in paragraph (8);

• “standard academic year” (“blwyddyn academaidd safonol”), unless otherwise indicated, means an academic year of a designated course (other than an academic year that is a bursary year or an Erasmus year) that would be taken (in whole or in part) by a person who does not repeat any part of the course after 1 September 2006 and who enters the course at the same point as the eligible student;

• “standard student” (“myfyriwr safonol”) is a student who is to be taken—

  1. a

     to have begun the designated course on the same date as the eligible student in question;

  2. b

     not to be excused any part of the course;

  3. c

     not to repeat any part of the course; and

  4. d

     not to be absent from the course other than during vacations;

• “statutory award” (“dyfarniad statudol”) means any award bestowed, grant paid or other support provided by virtue of the Act or the 1962 Act, or any comparable award, grant or other support in respect of undertaking a course which is paid out of public funds;

• “student loans legislation” (“y ddeddfwriaeth ar fenthyciadau i fyfyrwyr”) means the Education (Student Loans) Act 199043, the Education (Student Loans) (Northern Ireland) Order 199044, the Education (Scotland) Act 1980 and regulations made under those Acts or that Order, the Education (Student Support) (Northern Ireland) Order 199845 and regulations made under that Order or the Act and regulations made under the Act;

• “support” (“cymorth”) means financial support by way of grant or loan made by the Welsh Ministers pursuant to regulations made by them under section 22 of the Act;

• “transitional award” (“dyfarniad trosiannol”) means an award made under the Education (Mandatory Awards) Regulations 199846 other than an old award;

• “Turkish worker” (“gweithiwr Twrcaidd”) means a Turkish national who—

  1. a

     is ordinarily resident in the United Kingdom and Islands; and

  2. b

     is, or has been, lawfully employed in the United Kingdom;

• “type 1 teacher training student” (“myfyriwr math 1 ar gwrs hyfforddi athrawon”) means a new system eligible student on a course for the initial training of teachers (other than a course for a first degree) whose periods of full-time attendance (including attendance for the purpose of teaching practice) in the academic year in respect of which he or she is applying for support are in aggregate at least 6 weeks but less than 10 weeks where the course—

  1. a

     began before 1 September 2010;

  2. b

     begins on or after 1 September 2010 where the student transfers to the present course pursuant to regulation 8 from a course for the initial training of teachers which began before 1 September 2010; or

  3. c

     begins on or after 1 September 2010 but before 1 September 2011 and in relation to which the student is a 2010 gap year student;

• “type 2 teacher training student” (“myfyriwr math 2 ar gwrs hyfforddi athrawon”) means a new system eligible student on a course for the initial training of teachers (other than a course for a first degree) whose periods of full-time attendance (including attendance for the purpose of teaching practice) in the academic year in respect of which he or she is applying for support are in aggregate 10 weeks or more where the course—

  1. a

     began before 1 September 2010;

  2. b

     begins on or after 1 September 2010 where the student transfers to the present course pursuant to regulation 8 from a course for the initial training of teachers which began before 1 September 2010; or

  3. c

     begins on or after 1 September 2010 but before 1 September 2011 and in relation to which the student is a 2010 gap year student;

• “type 3 teacher training student” (“myfyriwr math 3 ar gwrs hyfforddi athrawon”) means a new system eligible student on a course for a first degree for the initial training of teachers whose periods of full-time attendance (including attendance for the purpose of teaching practice) in the academic year in respect of which the student is applying for support are in aggregate at least 6 weeks but less than 10 weeks where the course—

  1. a

     began before 1 September 2010;

  2. b

     begins on or after 1 September 2010 where the student transfers to the present course pursuant to regulation 8 from a course for the initial training of teachers which began before 1 September 2010; or

  3. c

     begins on or after 1 September 2010 but before 1 September 2011 and in relation to which the student is a 2010 gap year student.

In these Regulations a person is a “gap-year student” (“myfyriwr sy'n cymryd blwyddyn i ffwrdd”) in relation to a course provided by or on behalf of an institution that was publicly funded as at 1 August 2005 if he or she meets the conditions in paragraphs (4) or (6).

In these Regulations, the “specified designated course” (“cwrs dynodedig a bennir”) means the present course subject to paragraphs (9) and (10).

Where the student’s status as an eligible student has been transferred to the present course as a result of one or more transfers of that status by the Welsh Ministers from a course (the “initial course”) in connection with which the Welsh Ministers determined the student to be an eligible student pursuant to regulations made by them under section 22 of the Act, the specified designated course is the initial course.

Where the present course is an end-on course, the specified designated course is the course in relation to which the present course is an end-on course (the “preceding course”). Where the preceding course is itself an end-on course, the specified designated course is the course in relation to which the preceding course is an end-on course.

In these Regulations, the expression “student who qualifies for a new fee grant” (“myfyriwr sydd â hawl i gael grant newydd at ffioedd”), in relation to a qualifying designated course, and any reference to a student who does not qualify for a new fee grant are to be construed in accordance with regulation 19.

In these Regulations, the expression “qualifying designated course” (“cwrs dynodedig cymhwysol”), in relation to a student who qualifies for a new fee grant, has the meaning given to it by regulation 19.

In these Regulations, a person is a “2010 gap year student” (“myfyriwr blwyddyn i ffwrdd 2010”) in relation to a course provided by or on behalf of an institution that was publicly funded as at 1 August 2009 if he or she meets the conditions in paragraphs (14) or (16).

Subject to paragraph (8), the 2008 (No. 2) Regulations are revoked in relation to Wales on 1 September 2010.

The 2003 Regulations continue to apply to the provision of support to students in relation to an academic year which begins on or after 1 September 2003 but before 1 September 2004.

The 2004 Regulations continue to apply to the provision of support to students in relation to an academic year which begins on or after 1 September 2004 but before 1 September 2005.

The 2005 Regulations continue to apply to the provision of support to students in relation to an academic year which begins on or after 1 September 2005 but before 1 September 2006.

The 2006 Regulations continue to apply to the provision of support to students in relation to an academic year which begins on or after 1 September 2006 but before 1 September 2007.

The 2007 Regulations continue to apply to the provision of support to students in relation to an academic year which begins on or after 1 September 2007 but before 1 September 2008.

The 2008 Regulations continue to apply to the provision of support to students in relation to an academic year which begins on or after 1 September 2008 but before 1 September 2009.

The 2008 (No. 2) Regulations continue to apply to the provision of support to students in relation to an academic year which begins on or after 1 September 2009 but before 1 September 2010.

These Regulations apply in relation to the provision of support to students in respect of an academic year which begins on or after 1 September 2010 whether anything done under these Regulations is done before, on or after 1 September 2010.

Despite any other provision in these Regulations, where any person received or was eligible to receive a loan in relation to an academic year of a course under the 1998 Regulations he or she is an old system eligible student for the purposes of Part 6 in connection with the course, or any subsequent designated course which (disregarding any intervening vacation) he or she starts immediately after ceasing that course, but unless paragraph (11) applies he or she qualifies for fee support under Part 4 and support by way of grant for living costs under Part 5 if he or she is an eligible student under these Regulations and if he or she satisfies the relevant qualifying conditions for support under Parts 4 and 5.

An eligible student qualifies for support in connection with a designated course subject to and in accordance with these Regulations.

For the purposes of paragraphs (3)(d) and (3)(e), “loan” (“benthyciad”) means a loan made under the student loans legislation.

Paragraphs (11) and (12) do not apply where the student began the course in connection with which the Welsh Ministers determined that he or she was an eligible part-time student, an eligible student or a qualifying student, as the case may be, before 1 September 2007.

A course falling within paragraph 7 or 8 of Schedule 2 is not a designated course where the governing body of a maintained school has arranged for the provision of such a course to a pupil of the school.

A course that is taken as part of an employment-based teacher training scheme is not a designated course.

Paragraph (6) applies to a course the standard of which is not higher than a first degree which leads to a qualification as a medical doctor, dentist, veterinary surgeon, architect, landscape architect, landscape designer, landscape manager, town planner or town and country planner.

For the purposes of section 22 of the Act and regulation 4(1) the Welsh Ministers may designate courses of higher education which are not designated under paragraph (1).

An eligible student retains his or her status as an eligible student in connection with a designated course until the status terminates in accordance with this regulation or regulation 4.

The period for which an eligible student retains the status is the “period of eligibility” (“cyfnod cymhwystra”).

Subject to the following paragraphs and regulation 4, the “period of eligibility” terminates at the end of the academic year in which the student completes the designated course.

The Welsh Ministers may terminate the period of eligibility where the eligible student has shown himself or herself by his or her conduct to be unfitted to receive support.

Where the period of eligibility terminates before the end of the academic year in which the student completes the designated course, the Welsh Ministers may, at any time, renew the period of eligibility for such period as they determine.

Despite paragraph (1), a new system eligible student or gap-year student who has not attended a previous course is only eligible for a grant or loan for fees or a grant for living costs in respect of the present course for the number of academic years equal to OD+R+1.

Despite paragraph (1), an eligible student to whom this paragraph applies is only eligible for grants or loans for fees and grants for living costs in respect of the present course for the number of academic years equal to (D + X) − PrC.

Despite paragraph (1), a continuing student is only eligible for a grant or loan for fees or a grant for living costs in respect of the present course for the number of academic years equal to (A+R+1)−Y.

Despite paragraph (1) and subject to paragraph (14), a transferring student is only eligible for a grant or loan for fees or a grant for living costs in respect of the present course for the number of academic years equal to (A+R+1)−Y.

A transferring student starting the first full academic year of a further course to which he or she transfers under regulation 8 after 1 September 2010 is only eligible for a grant or loan for fees or a grant for living costs in respect of the further course for the number of years equal to (A+R+1)−Y−Z.

In any case where the number of academic years for which a grant or loan for fees or a grant for living costs is available in accordance with this regulation is less than the number of academic years that make up the period ordinarily required for the completion of the present course, the academic years in which the student is eligible for a grant or loan for fees or a grant for living costs are the latest years of the present course.

In calculating the number of years for the purpose of this regulation, attendance for part of an academic year is treated as a whole academic year.

The Welsh Ministers may, at any time, renew or extend the period of eligibility for such further period as they determine.

The Welsh Ministers may confer eligibility to grants and loans for fees and grants for living costs otherwise than in accordance with paragraphs (8) to (16).

For the purposes of this regulation and subject to the exceptions in paragraphs (22), (23) and (24) a “previous course” is any full-time higher education course or any part-time course for the initial training of teachers which the student began to attend or, in the case of a compressed degree course or a designated distance learning course, undertake before the present course and which meets one or both of the conditions in paragraph (21).

Subject to paragraphs (3) and (4), an eligible student who has attained an honours degree from an institution in the United Kingdom does not qualify for a grant or loan for fees.

Subject to paragraphs (4) and (5), an eligible student who starts his or her course on or after 1 September 2006 does not qualify for a loan for living costs if he or she has attained an honours degree from an institution in the United Kingdom.

Where the present course is considered to be a single course because of regulations 5(6) and 5(7) and it leads to an honours degree from an institution in the United Kingdom being conferred on the eligible student before the final degree or equivalent qualifications, the eligible student is not prevented from qualifying for support under paragraph (1) or (2) in respect of any part of the single course by virtue of having that honours degree.

Paragraphs (7) and (8) of regulation 24 extend the provisions of this regulation relating to qualification for fee loans and fee grants to the grants for living costs referred to in those paragraphs, subject to specified exceptions.

Subject to paragraph (4), an eligible student who transfers under paragraph (1) is entitled to receive in connection with the academic year of the course to which he or she transfers the remainder of the support assessed by the Welsh Ministers in respect of the academic year of the course from which he or she transfers.

The Welsh Ministers may re-assess the amount of support payable after the transfer.

An eligible student who transfers under paragraph (1) after the Welsh Ministers have assessed 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, in connection with the academic year of the course to which he or she transfers, apply for another grant or loan of a kind that he or she has already applied for under these Regulations in connection with the academic year of the course from which he or she is transferring unless otherwise provided.

A person (the “applicant”) must apply for support in connection with each academic year of a designated course by completing and submitting to the Welsh Ministers an application in such form and accompanied by such documentation as the Welsh Ministers may require.

The Welsh Ministers may take such steps and make such inquiries as they consider necessary to determine whether the applicant is an eligible student, whether the applicant qualifies for support and the amount of support payable, if any.

The Welsh Ministers must notify the applicant of whether or not the applicant qualifies for support and, if the applicant does qualify, the amount of support payable in respect of the academic year, if any.

The general rule is that the application must reach the Welsh Ministers no later than the end of the ninth month of the academic year in respect of which it is submitted.

An eligible student does not qualify for a grant under this Part if the only paragraph in Part 2 of Schedule 1 into which the student falls is paragraph 9.

Paragraph (3)(b) does not apply for the purposes of regulation 25.

An eligible student does not qualify for a grant under this Part in respect of any academic year of a sandwich course where the periods of full-time study are in aggregate less than 10 weeks unless the periods of work experience constitute unpaid service.

Subject to paragraph (8), an eligible student does not qualify for a grant under regulations 36 to 42 in respect of an academic year of the designated course if the student does not qualify for relevant support in respect of that academic year.

In paragraph (7) “relevant support” (“cymorth perthnasol”) means, in the case of a grant under regulation 36, a grant for fees, or, in the case of a grant under regulations 37 to 42, a loan for fees.

Where one of the events listed in paragraph (11) occurs in the course of an academic year, a student may qualify for a particular grant in accordance with this Part in respect of all or part of that academic year but he or she does not qualify for a grant in respect of any academic year beginning before the academic year in which the relevant event occurred.

Subject to paragraph (13), an eligible student does not qualify for a grant under this Part if he or she is a prisoner.

Paragraph (12) does not apply in respect of a grant for disabled students' living costs.

An eligible student qualifies in accordance with this regulation for a grant for disabled students' living costs to assist with the additional expenditure which the Welsh Ministers are satisfied the student is obliged to incur in connection with his or her attendance on a designated course by reason of a disability to which the student is subject.

Subject to the following paragraphs, the amount of grant for disabled students' living costs under this regulation is the amount that the Welsh Ministers consider appropriate in accordance with the student’s circumstances.

Where the eligible student has received payments to assist with expenditure on major items of specialist equipment in connection with the course by virtue of holding a transitional award, the maximum amount of grant under paragraph (3)(b) is reduced by the amount of those payments.

The qualifying conditions for each element and the amounts payable are set out in regulations 27 to 30.

A deduction may be made from any element of the grants for dependants in accordance with regulation 60.

An eligible student qualifies for an adult dependants' grant in connection with his or her attendance on a designated course in accordance with this regulation.

An eligible student qualifies, in connection with his or her attendance on a designated course, for a childcare grant in accordance with this regulation.

An eligible student does not qualify for a grant under this regulation if the student or the student’s partner has elected to receive the childcare element of the working tax credit under Part I of the Tax Credits Act 200258.

An eligible student does not qualify for a grant under this regulation if the prescribed childcare charges that he or she incurs are paid or to be paid by the student to his or her partner.

In this regulation “prescribed childcare charges” (“costau rhagnodedig ar gyfer gofal plant”) means childcare charges of a description prescribed for the purposes of section 12 of the Tax Credits Act 200259.

An eligible student qualifies in connection with the student’s attendance on a designated course for the parents' learning allowance if the student has one or more dependants who are dependent children.

The amount of parents' learning allowance payable in respect of an academic year is calculated in accordance with regulation 30, the basic amount being £1,508.

Subject to paragraphs (4), (5) and (13), where B is greater than or equal to A, the basic amount of each element of the grants for dependants for which the eligible student qualifies is payable.

Where (A − B) is equal to or exceeds the aggregate of the basic amounts of the elements of the grants for dependants for which the eligible student qualifies, the amount payable in respect of each element is nil.

Where the amount of the parents' learning allowance calculated under paragraph (1) is £0.01 or more but less than £50, the amount of parents' learning allowance payable is £50.

In this regulation—

• A is the aggregate of the net income of each of the eligible student’s dependants; and

• B is—

  1. a

     £1,159 where the eligible student has no dependent child;

  2. b

     £3,473 where the eligible student is not a lone parent and has one dependent child;

  3. c

     £4,632 where the eligible student—

     1. i

        is not a lone parent and has more than one dependent child; or

     2. ii

        is a lone parent and has one dependent child;

  4. d

     £5,797 where the eligible student is a lone parent and has more than one dependent child.

The amount of grants for dependants for the academic year is the aggregate of the amounts of adult dependants' grant and parents' learning allowance calculated in respect of each relevant quarter under paragraph (11) and the amount of any childcare grant for the academic year.

The amount of adult dependants' grant and parents' learning allowance in respect of a relevant quarter is one third of what that grant or allowance would be for the academic year if the student’s circumstances in the relevant quarter as determined under paragraph (9) applied for the duration of the academic year.

A deduction may be made in accordance with Part 9 from the amount payable in respect of a particular element of the grants for dependants calculated under this Part.

For the purposes of paragraph (2), where the dependant is a dependent child and payments are made to the eligible student towards the child’s maintenance, those payments are to be treated as the child’s income.

A grant is available to an eligible student attending a course in medicine or dentistry (a necessary part of which is a period of study by way of clinical training) in respect of the reasonable expenditure which he or she is obliged to incur in an academic year for the purpose of attending in connection with his or her course any hospital or other premises in the United Kingdom (not comprised in the institution) at which facilities for clinical training are provided other than expenditure incurred for the purpose of residential study away from the institution.

A grant is available to an eligible student in respect of the reasonable expenditure which he or she is obliged to incur in each qualifying quarter within or outside the United Kingdom for the purpose of attending as part of his or her course an overseas institution or the Institute.

The amount of grant payable under regulation 32(1) in respect of an academic year is equal to the reasonable expenditure that the Welsh Ministers determine the eligible student is obliged to incur for the purposes set out in that regulation less £303.

The amount of grant payable under regulation 32 (2) in respect of an academic year is calculated as follows—

(X-£303)+Y

An old system eligible student qualifies in accordance with this regulation for a higher education grant in connection with his or her attendance on a designated course to defray the cost of books, equipment, travel or childcare incurred for the purpose of attending that course.

An old system eligible student does not qualify for a higher education grant unless he or she began the specified designated course on or after 1 September 2004.

The maximum amount of higher education grant available in respect of an academic year is £1,000.

A new system eligible student who is not a 2010 cohort student qualifies in accordance with regulation 38 for a maintenance grant for living costs in connection with his or her attendance on a designated course.

A new system eligible student who is a 2010 cohort student qualifies in accordance with regulation 39 for a maintenance grant for living costs in connection with his or her attendance on a designated course.

A new system eligible student does not qualify for a maintenance grant if he or she qualifies for a special support grant.

The maximum amount of maintenance grant available to a new system eligible student who is a 2010 cohort student in respect of an academic year is £5,000.

A new system eligible student who is not a 2010 cohort student qualifies in accordance with regulation 41 for a special support grant in connection with his or her attendance on a designated course to defray the cost of books, equipment, travel or childcare incurred for the purpose of attending that course.

A new system eligible student who is a 2010 cohort student qualifies in accordance with regulation 42 for a special support grant in connection with his or her attendance on a designated course to defray the cost of books, equipment, travel or childcare incurred for the purpose of attending that course.

A new system eligible student qualifies for a special support grant if he or she falls within a prescribed category of person for the purposes of section 124(1)(e) of the Social Security Contributions and Benefits Act 199266, or if he or she is treated as being liable to make payments in respect of a dwelling prescribed by regulations made under section 130(2) of that Act67.

The maximum amount of special support grant available to a new system eligible student who is a 2010 cohort student in respect of an academic year is £5,000.

Subject to paragraph (7), an eligible student qualifies for a loan for living costs in connection with the student’s attendance on a designated course if the student satisfies the condition in paragraph (2) and is not excluded by paragraph (3) or regulation 7.

The condition is that the eligible student is under the age of 60 on the relevant date.

An eligible student does not qualify for a loan for living costs if the only paragraph in Part 2 of Schedule 1 into which the student falls is paragraph 9.

An eligible student does not qualify for a loan for living costs in connection with his or her attendance on a designated course if that course is a flexible postgraduate ITT course which is of less than one academic year’s duration.

An old system eligible student who falls within paragraph (a) or (d)(i) of the definition of “old system eligible student” in regulation 2 qualifies for a loan for living costs in connection with his or her attendance on a designated course if he or she satisfies the condition in paragraph (2) and is not excluded by paragraph (3).

A student to whom this regulation applies is treated as if he or she were in attendance on the designated course for the purpose of qualifying for the loan for living costs.

An eligible student does not qualify for a loan for living costs under this Part if he or she is a prisoner.

This regulation applies to a new system eligible student with full entitlement who is a 2010 cohort student.

Subject to regulations 50 to 55, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year other than a final year of a course that is not an intensive course is equal to (X−Y) where–

• X is—

  1. i

     for a student in category 1, £3,673;

  2. ii

     for a student in category 2, £6,648;

  3. iii

     for a student in category 3, £5,658;

  4. iv

     for a student in category 4, £5,658;

  5. v

     for a student in category 5, £4,745.

• Y is the maintenance grant amount.

Subject to regulations 50 to 55, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year that is the final year of a course that is not an intensive course is equal to (X−Y) where–

• X is—

  1. i

     for a student in category 1, £3,324;

  2. ii

     for a student in category 2, £6,053;

  3. iii

     for a student in category 3, £4,920;

  4. iv

     for a student in category 4, £4,920;

  5. v

     for a student in category 5, £4,396.

• Y is the maintenance grant amount.

Subject to paragraph (2), where an eligible student resides at his or her parents' home and the Welsh Ministers are satisfied that in all the circumstances the student’s parents by reason of age, incapacity or otherwise cannot reasonably be expected to support the student and that it would be appropriate for the amount of loan payable to a student in a category other than category 1 to apply in his or her case, the student must be treated as if the student were not residing at the student’s parents' home.

Paragraph (1) does not apply to an eligible student who begins a course on or after 1 September 2004.

Subject to regulation 53, the loan for living costs is payable in respect of three quarters of the academic year.

Where a student becomes an eligible student during the course of an academic year as a result of one of the events listed in paragraph (2), the student may qualify for a loan for living costs in respect of such quarters of that academic year in respect of which a loan for living costs is payable as begin after the relevant event in paragraph (2) occurs.

An eligible student to whom paragraph (1) applies does not qualify for a loan for living costs in respect of any academic year beginning before the academic year in which the relevant event occurred.

The maximum amount of loan for living costs payable is the aggregate of the maximum amount of loan for each quarter in respect of which the student qualifies for support under this regulation.

The maximum amount of loan for living costs for each such quarter is one third of the maximum amount of loan for living costs which would apply for the academic year if the student fell into the category which applies to the relevant quarter for the duration of the academic year.

Where an eligible student attends his or her course for a period of not less than 45 weeks in any continuous period of 52 weeks the amount of loan for living costs specified in regulations 45 to 48 is increased for each week in the 52 week period during which the student did not attend by the amounts referred to in paragraph (1).

This regulation does not apply in the case of a student with reduced entitlement.

A deduction from the amount of loan for living costs calculated under this Part in respect of an old system eligible student with full entitlement or a new system eligible student with full entitlement may be made in accordance with regulation 60.

A deduction from the amount of loan for living costs calculated under this Part in respect of a student with reduced entitlement may not be made under regulation 60.

The additional amount under paragraph (1) is an amount which when added to the amount already applied for does not exceed the increased maximum.

Where an eligible student has applied for a loan of less than the maximum amount to which he or she is entitled in relation to the academic year, he or she may apply to borrow an additional amount which, when added to the amount already applied for, does not exceed the relevant maximum applicable in his or her case.

An eligible student’s contribution in respect of an academic year is the amount, if any, calculated under Schedule 5.

For the purposes of the exercise of the Welsh Ministers' functions under the Act and regulations made under it, the Welsh Ministers may require an eligible student to provide from time to time such information as they consider necessary as to the income of any person whose means are relevant to the assessment of the student’s contribution.

In the case of an old system eligible student, subject to paragraph (4), where the basic amount of the grant for fees has been calculated in accordance with regulation 17(1) and 17(7), to determine the actual amount of grant for fees that is payable, the Welsh Ministers must apply the contribution in accordance with paragraph (1).

Where the course is a course for the initial training of teachers (other than a course for a first degree), there is no deduction from the basic amount of the grant for fees under this regulation and the contribution is first applied to reduce ADG in accordance with paragraph (1).

In the case of an Erasmus year, the Welsh Ministers must apply the amount by which the contribution exceeds £1,310, first to reduce ADG in accordance with paragraph (1).

Where the student does not qualify for a grant for fees for any other reason, GFF is nil and the contribution is applied first to reduce ADG.

In the case of a new system eligible student, GFF is nil and the contribution is applied first to reduce ADG.

Where different categories apply for different quarters of the academic year, the minimum levels in paragraphs (9) and (10) are the aggregate of the amounts determined under paragraph (12) for each of the three quarters in respect of which a loan is payable.

The amount determined for each quarter is one third of the amount in paragraph (9) or (10) which corresponds to the rate applicable for the quarter.

The loan for living costs payable in respect of an academic year to a type 1 teacher training student who has a household income exceeding £39,793 is the amount left after deducting £644 from the amount of loan for living costs left after applying the contribution in accordance with this regulation.

This paragraph applies to type 1 and type 2 teacher training students who qualify for a maintenance grant and whose contribution exceeds nil.

The loan for living costs payable in respect of an academic year to a student to whom paragraph (14) applies is calculated as follows—

A-B

Categories 1 to 5 have the meaning given in regulation 56.

The Welsh Ministers must not pay the grant or loan for fees for which a student qualifies unless they have received a request for payment from the relevant academic authority and in the case of a loan for fees, the Welsh Ministers must not pay the loan before a period of three months beginning with the first day of the academic year has expired.

The Welsh Ministers must pay the loan for fees for which a student qualifies to an academic authority to which the student is liable to make payment.

Where assessment of the student’s contribution or other matters has delayed the final calculation of the amount of grant for which the student qualifies, the Welsh Ministers may make a provisional assessment and payment.

The Welsh Ministers may pay the fee loan in instalments.

Where assessment of an old system eligible student’s contribution or other matters have delayed the final calculation of the amount of fee contribution loan for which the student qualifies under regulation 21, the Welsh Ministers may make a provisional assessment and payment.

Subject to the following paragraphs, the Welsh Ministers may pay support under Part 5 in such instalments (if any) and at such times as they consider appropriate.

An academic authority is required to send an attendance confirmation to the Welsh Ministers.

The Welsh Ministers must not pay the first instalment or, where it has been determined not to pay support under Part 5 by instalments, make any payment of support under that Part to an eligible student before they have received an attendance confirmation unless an exception applies.

Where a final assessment cannot be made on the basis of the information provided by the student, the Welsh Ministers may make a provisional assessment and payment of support under Part 5.

Payments of support under Part 5 are to 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 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.

Subject to paragraph (8), no support under Part 5 is due in respect of any day of an academic year on which the eligible student is a prisoner, unless in the opinion of the Welsh Ministers it would be appropriate in all the circumstances for support to be paid in respect of that day.

Paragraph (7) does not apply in respect of grants for disabled students' living costs.

In deciding whether it would be appropriate for support to be due under paragraph (7) the circumstances to which the Welsh Ministers must have regard include the financial hardship not paying the support would cause and whether not paying the support would affect the student’s ability to continue the course.

No support under Part 5 is due in respect of any payment period beginning after an eligible student’s period of eligibility terminates.

In this regulation, the “relevant date” (“y dyddiad perthnasol”) is the date on which the first term of the academic year in question actually begins.

Subject to paragraph (15), if a payment of a grant for living costs in respect of the relevant payment period is due to be made or is made after the eligible student’s period of eligibility has terminated, the amount of that grant due is the partial amount unless the Welsh Ministers consider it appropriate to extend the period of eligibility in respect of that grant until the end of the relevant payment period and to determine that the full amount of that grant is due in respect of that payment period.

Paragraph (14) does not apply to a payment of grant for disabled students' living costs in respect of specialist equipment.

No support under Part 5 is due in respect of a payment period during any part of which an eligible student is absent from his or her course, unless in the opinion of the Welsh Ministers it would be appropriate in all the circumstances for support to be paid in respect of the period of absence.

In deciding whether it would be appropriate for support to be due under paragraph (16) the circumstances to which the Welsh Ministers must have regard include the reason for the student’s absence, the length of the absence and the financial hardship which not paying the support would cause.

An eligible student is not to be considered absent from his or her course if he or she is unable to attend due to illness and his or her absence has not exceeded 60 days.

The Welsh Ministers may make it a condition of entitlement to payment of any loan that an eligible student must provide them with his or her United Kingdom national insurance number.

Where the Welsh Ministers have imposed a condition under paragraph (1), they must not make any payment of the loan to the eligible student before they are satisfied that the student has complied with that condition.

Despite paragraph (2), the Welsh Ministers may make a payment of loan to an eligible student if they are satisfied that owing to exceptional circumstances it would be appropriate to make such a payment without the eligible student having complied with the condition imposed under paragraph (1).

The Welsh Ministers may at any time request from an applicant or an eligible student information that they consider is required to recover a loan.

The Welsh Ministers may at any time request from an applicant or an eligible student sight of his or her valid national identity card, his or her valid passport issued by the state of which he or she is a national or his or her birth certificate.

Where the Welsh Ministers have requested information under this regulation, they may withhold any payment of a loan until the applicant or eligible student provides what has been requested or provides a satisfactory explanation for not complying with the request.

The Welsh Ministers may at any time require an applicant or an eligible student to enter into an agreement to repay a loan by a particular method.

Where the Welsh Ministers have requested an agreement as to the method of repayment under this regulation, the Welsh Ministers may withhold any payment of a loan until the applicant or eligible student provides what has been requested.

The Welsh Ministers may pay support under Part 6 in instalments.

Subject to paragraph (3), the Welsh Ministers may pay support under Part 6 at such times as they consider appropriate.

An academic authority is required to send an attendance confirmation to the Welsh Ministers.

The Welsh Ministers must not pay the first instalment, or where they have determined not to pay support under Part 6 by instalments, make any payment of support under Part 6 to the eligible student before they have received an attendance confirmation from the relevant academic authority unless an exception applies.

An exception applies if the Welsh Ministers have determined that owing to exceptional circumstances it would be appropriate to make a payment without receiving an attendance confirmation.

Where a final assessment cannot be made on the basis of the information provided by the student, the Welsh Ministers may make a provisional assessment and payment of support under Part 6.

Payments of support under Part 6 are to 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 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.

Where the Welsh Ministers have made any payment of support under Part 5 or Part 6 and a student who qualifies for a loan for living costs under Part 6 applies for such a loan or applies for an additional amount of loan for living costs in respect of an academic year, the Welsh Ministers may pay that loan or that additional amount of loan in such instalments (if any) and at such times as they consider appropriate as soon as is reasonably practicable after a satisfactory application has been received.

Subject to paragraph (10), no support under Part 6 is due in respect of any day of an academic year on which the eligible student is a prisoner, unless in the opinion of the Welsh Ministers it would be appropriate in all the circumstances for support to be paid in respect of that day.

In deciding whether it would be appropriate for support to be due under paragraph (9) the circumstances to which the Welsh Ministers must have regard include the financial hardship which not paying the support would cause and whether not paying the support would affect the student’s ability to continue the course.

No support under Part 6 is payable in respect of any payment period beginning after an eligible student’s period of eligibility terminates.

No support under Part 6 is due in respect of a payment period during part of which an eligible student is absent from his or her course, unless in the opinion of the Welsh Ministers it would be appropriate in all the circumstances for support to be paid in respect of the period of absence.

In deciding whether it would be appropriate for support to be due under paragraph (12) the circumstances to which the Welsh Ministers must have regard include the reasons for the student’s absence, the length of absence and the financial hardship which not paying the student would cause.

An eligible student is not to be considered absent from his or her course if he or she is unable to attend due to illness and his or her absence has not exceeded 60 days.

Any overpayment of a grant or loan for fees may be recovered by the Welsh Ministers from the academic authority.

An eligible student must, if so required by the Welsh Ministers, repay any amount paid to the student under Part 5 or 6 which for whatever reason exceeds the amount of support to which the student is entitled under Part 5 or 6.

The Welsh Ministers must recover an overpayment of any grant for living costs unless they consider it is not appropriate to do so.

A payment of any grant for 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.

In the circumstances in paragraph (6) or (7), there is an overpayment of the grant for disabled students' living costs unless the Welsh Ministers decide otherwise.

Where there is an overpayment of the grant for disabled 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.

Where there has been an overpayment of a loan for living costs which is not recoverable under paragraph (10), the Welsh Ministers may subtract the overpayment from the amount of any loan payable to the student from time to time pursuant to regulations made by the Welsh Ministers under section 22 of the Act.

In this regulation “the relevant date” (“y dyddiad perthnasol”) is the date on which the first term of the academic year in question actually begins.

An eligible distance learning student qualifies for support in connection with his or her undertaking a designated distance learning course subject to and in accordance with this Part.

Subject to paragraph (3), a person is an eligible distance learning student in connection with a designated distance learning course if in assessing his or her application for support the Welsh Ministers determine that the person falls within one of the categories set out in Part 2 of Schedule 1.

Paragraph (3)(e) does not apply in respect of an academic year during which the student enters prison to serve a custodial sentence or is released from prison having served such a sentence.

For the purposes of paragraphs (3)(b) and (3)(c), “loan” (“benthyciad”) means a loan made under the student loans legislation.

Subject to paragraphs (11) to (13), a person is an eligible distance learning student for the purposes of this Part if he or she satisfies the conditions in paragraph (9) or (10).