The Assembly Learning Grants (European Institutions) (Wales) Regulations 2011

Student’s eligibility

7.—(1) A person’s status as an eligible student in connection with a designated course (“student’s eligibility”) terminates at the end of the academic year in respect of which support was awarded or sooner in accordance with paragraphs (2) to (6).

(2) The student’s eligibility terminates when the student—

(a) withdraws from the designated course in circumstances in which the Welsh Ministers are not required to transfer the student’s status as an eligible student in accordance with regulation 8(1); or

(b) abandons or is expelled from the designated course.

(3) A student’s eligibility terminates on the day before the relevant date where—

(a) the Welsh Ministers determined that, by virtue of being a refugee or the spouse, civil partner, child or step-child of a refugee, a person (“T” in this paragraph) was an eligible student in connection with an application for support for a designated course at the same European institution from which T’s status as an eligible student has been transferred to the current course; and

(b) the refugee status of T or of T’s spouse, civil partner, parent or step-parent, as the case may be, is due to expire before the relevant date and, as at the day before the relevant date, no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002).

(4) A student’s eligibility terminates on the day before the relevant date where—

(a) the Welsh Ministers determined that, by virtue of being a person with leave to enter or remain or the spouse, civil partner, child or step-child of such a person, a person (“U” in this paragraph) was an eligible student in connection with an application for support for a designated course at the same European institution from which U’s status as an eligible student has been transferred to the current course; and

(b) the period for which the person with leave to enter or remain is allowed to stay in the United Kingdom is due to expire before the relevant date and, as at the day before the relevant date, no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002).

(5) The Welsh Ministers may terminate the student’s eligibility if they are satisfied that the conduct of the student has shown that the student is unfit to receive support.

(6) Where the Welsh Ministers are satisfied that an eligible student has failed to comply with any requirement to provide information under these Regulations or has provided information which is inaccurate or misleading in any material respect, the Welsh Ministers may do one or more of the following—

(a) terminate the student’s eligibility;

(b) determine that the student no longer qualifies for any particular type or amount of support;

(c) treat any support already paid to the student as an overpayment which may be recovered in accordance with regulation 32.