The Education (European Institutions) and Student Support (Wales) Regulations 2013

PART 1 E+W GENERAL

Title, commencement and application E+W

1.  The title of these Regulations is the Education (European Institutions) and Student Support (Wales) Regulations 2013.

Commencement Information

I1 Reg. 1 in force at 23.4.2013, see reg. 2

2.  These Regulations come into force on 23 April 2013 and apply in relation to Wales.

Commencement Information

I2 Reg. 2 in force at 23.4.2013, see reg. 2

Interpretation E+W

3.—(1) In these Regulations—

“the 1998 Act” (“Deddf 1998”) means the Teaching and Higher Education Act 1998;

“the 2011 Regulations” (“Rheoliadau 2011”) means the Assembly Learning Grants (European Institutions) (Wales) Regulations 2011(1);

“the 2012 Regulations” (“Rheoliadau 2012”) means the Education (Student Support) (Wales) Regulations 2012(2);

“academic authority” (“awdurdod academaidd”) means the governing body of a European institution or other body of a European institution having the functions of a governing body and includes a person acting with the authority of that body;

“applicant” (“ceisydd”) means a person who applies for support in accordance with regulation 5;

“Bologna Center” (“Canolfan Bologna”) means the graduate school for international relations established by Johns Hopkins University at Bologna;

“Bologna Center student” (“myfyriwr yng Nghanolfan Bologna”) has the meaning given in regulation 14(1);

“College of Europe” (“Coleg Ewrop”) means the university institute of postgraduate studies and training in European affairs at Bruges in Belgium and Natolin in Poland;

“College of Europe student” (“myfyriwr yng Ngholeg Ewrop”) has the meaning given in regulation 14(2);

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

“designated course” (“cwrs dynodedig”) has the meaning given in paragraph (2);

“eligible student” (“myfyriwr cymwys”) has the meaning given in regulation 7;

“European institution” (“sefydliad Ewropeaidd”) means either the Bologna Center or the College of Europe;

“European Union” (“Undeb Ewropeaidd”) means the territory comprised by the member states of the European Union as constituted from time to time;

“grants for living and other costs” (“grantiau at gostau byw a chostau eraill”) means the grants specified and calculated in accordance with regulations 20 to 27;

“parent” (“rhiant”) means a natural or adoptive parent or a guardian or any other person having parental responsibility for or care of a child;

“person with leave to enter or remain” (“person sydd â chaniatâd i ddod i mewn neu i aros”) means a person (“P” in this definition)—

(a)

who has—

(i)

applied for refugee status but has as a result of that application been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that, although P is considered not to qualify for recognition as a refugee, it is thought right to allow P to enter or remain in the United Kingdom on the grounds of humanitarian protection or discretionary leave; or

(ii)

not applied for refugee status but has been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that it is thought right to allow P to enter or remain in the United Kingdom on the grounds of discretionary leave;

(b)

who has been granted leave to enter or remain accordingly;

(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 2002(3)); and

(d)

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

“qualifying course” (“cwrs cymhwysol”) means:

(a)

a postgraduate or comparable course of at least two academic years' duration;

(b)

in respect of which the applicant received a statutory award for at least two academic years (other than an award intended to assist with additional expenditure that the applicant was obliged to incur in connection with attendance on the course by reason of a disability to which the applicant is or was subject);

“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 1951(4) as extended by the Protocol thereto which entered into force on 4 October 1967(5);

“relevant date” (“dyddiad perthnasol”) means the first day of the academic year of the designated course to which the application for support relates;

“statutory award” (“dyfarniad statudol”) means any award bestowed, grant paid or other support provided by virtue of the 1998 Act or any comparable award, grant or other financial 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 1990(6), the Education (Student Loans) (Northern Ireland) Order 1990(7), the Education (Scotland) Act 1980(8) and regulations made under those Acts or that Order, the Education (Student Support) (Northern Ireland) Order 1998(9) and regulations made under that Order or the 1998 Act and regulations made under the 1998 Act;

“support” (“cymorth”) means financial assistance by way of grant given by the Welsh Ministers pursuant to these Regulations.

(2) A course is designated for the purposes of section 22(1) of the 1998 Act and these Regulations if it—

(a) begins on or after 1 September 2013;

(b) is a full-time postgraduate or comparable course;

(c) is of one academic year’s duration; and

(d) is provided by a European institution.

Commencement Information

I3 Reg. 3 in force at 23.4.2013, see reg. 2

Revocation and savings E+W

4.—(1) Subject to paragraph (2) the 2011 Regulations are revoked.

(2) The 2011 Regulations continue to apply to the provision of support to students in relation to an academic year which began on or after 1 September 2011 but before 1 September 2013.

Commencement Information

I4 Reg. 4 in force at 23.4.2013, see reg. 2

PART 2 E+W APPLYING FOR SUPPORT AND ELIGIBILITY

Applications for support and time limits E+W

5.—(1) An eligible student may apply for support for one academic year in connection with attendance on a designated course subject to and in accordance with these Regulations.

(2) An applicant must submit an application to the Welsh Ministers to be considered as an eligible student and for support in such form as the Welsh Ministers may require.

(3) Subject to paragraph (4), the application must reach the Welsh Ministers no later than 30 June immediately prior to the relevant date (“the application deadline”).

(4) Paragraph (3) does not apply where the Welsh Ministers consider having regard to the circumstances of the particular case that the application deadline should be relaxed, in which case the application must reach the Welsh Ministers no later than such date as they may specify to the applicant concerned in writing.

Commencement Information

I5 Reg. 5 in force at 23.4.2013, see reg. 2

Number of awards E+W

6.  The Welsh Ministers must ensure that the number of awards granted at any one time in an academic year under these Regulations do not exceed—

(a) one, in the case of the Bologna Center;

(b) one, in the case of the College of Europe.

Commencement Information

I6 Reg. 6 in force at 23.4.2013, see reg. 2

Eligible students E+W

7.—(1) An eligible student may be awarded support for one academic year in connection with undertaking a designated course subject to and in accordance with these Regulations.

(2) Subject to paragraph (3) and regulation 8, a person is an eligible student in connection with a designated course if in assessing the person’s application for support, the Welsh Ministers determine that the person falls within one of the categories in Part 2 of Schedule 1 and either—

(a) the academic authority of the College of Europe notifies the Welsh Ministers in writing that the person has a reasonable chance of being offered a place on that course by the College of Europe; or

(b) the academic authority of the Bologna Center nominates that person for support in writing to the Welsh Ministers.

(3) A person (“S”) is not an eligible student if—

(a) subject to paragraph (4), S has attended a qualifying course;

(b) S is in breach of an obligation to repay any loan;

(c) S has reached the age of 18 and not ratified any agreement for a loan made with S when S was under the age of 18; or

(d) S has, in the opinion of the Welsh Ministers, shown by S’s conduct that S is unfit to receive support.

(4) Paragraph (3)(a) does not apply where the Welsh Ministers determine that having regard to the particular circumstances of S’s case it is appropriate to award S support in connection with the current course despite S having attended a qualifying course.

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

(6) In a case where the agreement for a loan is subject to the law of Scotland, paragraph (3)(c) only applies if the agreement was made—

(a) before 25 September 1991;

(b) with the concurrence of S’s curator or at a time when S had no curator.

Commencement Information

I7 Reg. 7 in force at 23.4.2013, see reg. 2

Student’s eligibility E+W

8.—(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 9(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 33.

Commencement Information

I8 Reg. 8 in force at 23.4.2013, see reg. 2

Course transfers E+W

9.—(1) Where an eligible student transfers during the academic year from a designated course to another designated course at the same European institution, the Welsh Ministers must transfer the student’s status as an eligible student to that other course where—

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

(b) they are satisfied that the student has begun to attend that other course on the recommendation of the academic authority; and

(c) the student’s status as an eligible student has not otherwise terminated.

(2) A student whose status as an eligible student is transferred under paragraph (1) is entitled to receive the remainder of the support assessed by the Welsh Ministers in respect of the course from which the student transfers.

(3) Save as provided in paragraph (2) where an eligible student transfers from a designated course to another designated course, the student’s status as an eligible student is not transferred and the student is not entitled to receive the remainder of any support assessed by the Welsh Ministers in respect of the course from which the student transfers.

Commencement Information

I9 Reg. 9 in force at 23.4.2013, see reg. 2

PART 3 E+W ENQUIRIES AND PROVISION OF INFORMATION

Making enquiries E+W

10.  The Welsh Ministers may take such steps and make such enquiries as they consider necessary to determine—

(a) whether an applicant is an eligible student;

(b) whether an eligible student qualifies for support;

(c) the amount of support payable if any;

(d) whether a student’s eligibility has terminated;

(e) the amount of a College of Europe student’s contribution for the purposes of Part 5;

(f) in the case of the Welsh Ministers receiving more than one application for support in respect of the same academic year and European institution whether an eligible student is most suitable to receive support.

Commencement Information

I10 Reg. 10 in force at 23.4.2013, see reg. 2

Information from applicants E+W

11.—(1) Every applicant and eligible student granted support, must, as soon as reasonably practicable after being requested to do so, provide the Welsh Ministers with such information and documentation as the Welsh Ministers require for the purposes of these Regulations.

(2) Every applicant and eligible student granted support must where applicable immediately inform the Welsh Ministers and provide the Welsh Ministers with particulars if—

(a) the person withdraws from, abandons or is expelled from the course;

(b) the person transfers to another course at the same European institution;

(c) the person ceases to attend the course and does not intend to or is not permitted to continue it for the remainder of the academic year;

(d) the person is absent from the course for more than 60 days due to illness or for any period for any other reason;

(e) the month for the start or completion of the course changes;

(f) the person’s home or term-time address changes.

Commencement Information

I11 Reg. 11 in force at 23.4.2013, see reg. 2

Format of information required E+W

12.—(1) Information required to be provided pursuant to these Regulations must be provided to the Welsh Ministers in the format required by the Welsh Ministers.

(2) If the Welsh Ministers require the information to be signed by the person providing it, an electronic signature in such form as the Welsh Ministers may specify satisfies this requirement.

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

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

(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.

Commencement Information

I12 Reg. 12 in force at 23.4.2013, see reg. 2

Informing applicants E+W

13.  The Welsh Ministers must inform an applicant—

(a) whether that applicant is considered an eligible student;

(b) of the amount of support if any payable in respect of the academic year in question;

(c) if the Welsh Ministers consider a student’s eligibility has terminated;

(d) of the amount of any College of Europe student’s contribution calculated under Schedule 2.

Commencement Information

I13 Reg. 13 in force at 23.4.2013, see reg. 2

PART 4 E+W FINANCIAL SUPPORT

CHAPTER 1 E+W GENERAL PROVISION

Number of awards E+W

14.—(1) The Welsh Ministers may award support to one eligible student at any one time undertaking a designated course at the Bologna Center (“Bologna Center student”).

(2) The Welsh Ministers may award support to one eligible student at any one time in an academic year undertaking a designated course at the College of Europe (“College of Europe student”).

(3) If more than one eligible student applies for support in respect of the same academic year and European institution, the Welsh Ministers must (if they have determined to award support) award that support to whichever of the eligible students the Welsh Ministers determine is most suitable to receive support.

Commencement Information

I14 Reg. 14 in force at 23.4.2013, see reg. 2

Nature of support awarded E+W

15.—(1) Where the Welsh Ministers have determined to award support under regulation 14(1), they must award a grant for fees in accordance with Chapter 2.

(2) Where the Welsh Ministers have determined to award support under regulation 14(2), subject to regulation 30 they must award—

(a) a grant for fees in accordance with Chapter 3; and

(b) grants for living and other costs in accordance with Chapter 4.

Commencement Information

I15 Reg. 15 in force at 23.4.2013, see reg. 2

No support for repeat study E+W

16.—(1) An eligible student at a European institution does not qualify for any support in respect of a year of repeat study.

(2) “Year of repeat study” (“blwyddyn o ailadrodd astudiaethau”) means an academic year which the student has previously undertaken but is required by the European institution to undertake again.

Commencement Information

I16 Reg. 16 in force at 23.4.2013, see reg. 2

CHAPTER 2 E+W GRANTS FOR FEES FOR BOLOGNA CENTER STUDENTS

Grant for fees E+W

17.—(1) A Bologna Center student qualifies for a grant for fees in respect of one academic year of a designated course calculated in accordance with paragraph (2).

(2) The amount of grant for fees payable to a Bologna Center student in respect of one academic year is the aggregate amount of fees payable by the student in respect of, or otherwise in connection with, the student’s undertaking of the designated course during that academic year, subject to paragraph (3).

(3) The maximum grant for fees payable under this regulation is 34,000 euro.

Commencement Information

I17 Reg. 17 in force at 23.4.2013, see reg. 2

CHAPTER 3 E+W GRANTS FOR FEES FOR COLLEGE OF EUROPE STUDENTS

Grant for fees E+W

18.—(1) A College of Europe student qualifies for a grant for fees in respect of one academic year of a designated course calculated in accordance with paragraph (2).

(2) The amount of grant for fees payable to a College of Europe student in respect of one academic year is the aggregate amount of fees payable by the student in respect of, or otherwise in connection with, the student’s undertaking of the designated course during that academic year, subject to paragraph (3).

(3) The maximum amount of grant for fees payable under this regulation is 15,000 euro.

Commencement Information

I18 Reg. 18 in force at 23.4.2013, see reg. 2

CHAPTER 4 E+W GRANTS FOR LIVING AND OTHER COSTS FOR COLLEGE OF EUROPE STUDENTS

General E+W

19.—(1) A College of Europe student awarded support (“student” in this Chapter) does not qualify for any of the grants payable under this Chapter if paragraph 9 of Part 2 of Schedule 1 is the only paragraph of Part 2 of that Schedule into which the student falls.

(2) The amount payable in respect of any of the grants for living and other costs other than the disabled student’s allowance and the grant for dependants as provided for in regulations 24 to 27, may be reduced in accordance with Part 5.

Commencement Information

I19 Reg. 19 in force at 23.4.2013, see reg. 2

Grant for living costs E+W

20.  A student qualifies for a grant for living costs of an amount equal to the sum of (A + B)

• where—

• A is £2,542; and

• B is £50 for each week the student is required to attend the College of Europe in excess of 30 weeks and 3 days, including a week during which the student is required to attend the College of Europe for less than 5 days.

Commencement Information

I20 Reg. 20 in force at 23.4.2013, see reg. 2

Grant for board and lodging E+W

21.  A student qualifies for a maximum grant for board and lodging of up to 7,000 euro.

Commencement Information

I21 Reg. 21 in force at 23.4.2013, see reg. 2

Grants for travel E+W

22.—(1) A student qualifies for a grant for travel home of an amount equal to (A - B)

• where—

• A is the amount determined by the Welsh Ministers to be the cost of three return journeys from the student’s home address to the College of Europe; and

• B is £105.

(2) A student qualifies for a grant for college travel of such amount as the Welsh Ministers determine to be the reasonable cost of travel to the College of Europe from the student’s term-time address.

(3) Subject to the prior agreement of the Welsh Ministers before costs are incurred, a student qualifies for a grant for research travel of such amount as the Welsh Ministers determine to be the reasonable cost of travel incurred for the purposes of completing periods of research authorised by the College of Europe during the academic year in respect of which support is awarded.

Commencement Information

I22 Reg. 22 in force at 23.4.2013, see reg. 2

Disabled students' allowance E+W

23.—(1) A student qualifies for a disabled students' allowance to assist with the additional expenditure which the Welsh Ministers are satisfied the student is obliged to incur in connection with the student’s undertaking of a designated course by reason of a disability to which the student is subject.

(2) Subject to paragraph (3), the amount of the disabled student’s allowance is the amount that the Welsh Ministers consider appropriate in accordance with the student’s circumstances to assist with one or more types of eligible expenditure as described in paragraph (4).

(3) The amount of disabled student’s allowance must not exceed £10,590 in respect of the academic year.

(4) The types of eligible expenditure are—

(a) expenditure on a non-medical personal helper;

(b) expenditure on major items of specialist equipment;

(c) any additional expenditure incurred—

(i) in the country where the College of Europe is located for the purpose of attending the institution; and

(ii) within or outside the United Kingdom for the purpose of travelling to the College of Europe in order to attend the current course.

Commencement Information

I23 Reg. 23 in force at 23.4.2013, see reg. 2

Grant for dependants — general E+W

24.—(1) The grant for dependants consists of the following elements—

(a) adult dependants grant; and

(b) parents' learning allowance.

(2) The qualifying conditions for each element and the amounts payable are set out in regulations 25 to 27.

Commencement Information

I24 Reg. 24 in force at 23.4.2013, see reg. 2

Adult dependants grant E+W

25.—(1) A student qualifies for an adult dependants grant in connection with attendance on a designated course in accordance with this regulation.

(2) The adult dependants grant is available in respect of a dependant of a student who is either—

(a) the student’s partner; or

(b) an adult dependant of the student where the student’s taxable income does not exceed, £3,923.

(3) The amount of adult dependants grant payable is calculated in accordance with regulation 27, the basic amount being—

(a) £2,732; or

(b) where the person in respect of whom the student is applying for adult dependants grant is ordinarily resident outside the United Kingdom, such amount not exceeding £2,732 as the Welsh Ministers consider reasonable in the circumstances.

Commencement Information

I25 Reg. 25 in force at 23.4.2013, see reg. 2

Parents' learning allowance E+W

26.—(1) A student qualifies in connection with undertaking a designated course for the parents' learning allowance if the student has one or more dependent children.

(2) The amount of parents' learning allowance payable in respect of the academic year is calculated in accordance with regulation 27, the basic amount being, £1,557.

Commencement Information

I26 Reg. 26 in force at 23.4.2013, see reg. 2

Grant for dependants — calculations E+W

27.—(1) Subject to the following paragraphs, the amount payable in respect of a particular element of the grant for dependants for which the student qualifies under regulations 25 and 26 is the amount of that element remaining after applying, until it is extinguished, an amount equal to (A minus B) as follows and in the following order to reduce the basic amount of—

(a) the adult dependants grant where the student qualifies for that element under regulation 25; and

(b) the parents' learning allowance where the student qualifies for that element under regulation 26.

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

(3) Where (A minus B) is equal to or exceeds the aggregate of the basic amounts of the adult dependants grant and parents' learning allowance for which the student qualifies, the amount payable in respect of each element is nil.

(4) The amount of adult dependants grant calculated under paragraph (1) is reduced by one half where—

(a) the student’s partner—

(i) is an eligible student; or

(ii) holds a statutory award; and

(b) account is taken of that partner’s dependants in calculating the amount of support for which that partner qualifies or the payment to which the person is entitled under the statutory award.

(5) 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.

(6) For the purposes of this regulation—

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

• B is—

  (a)

  £1,159 where the student has no dependent children;

  (b)

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

  (c)

  £4,632 where the student is not a lone parent and has more than one dependent child;

  (d)

  £4,632 where the student is a lone parent and has one dependent child;

  (e)

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

Commencement Information

I27 Reg. 27 in force at 23.4.2013, see reg. 2

Grant for dependants — interpretation E+W

28.—(1) For the purposes of regulations 25 to 27—

(a) “adult dependant” (“dibynnydd mewn oed”) means, in relation to a student, an adult who is dependent on the student, other than the student’s child, the student’s partner (including a spouse or civil partner from whom the Welsh Ministers consider the student is separated) or the student’s former partner;

(b) “child” (“plentyn”) in relation to a student includes any child of the student’s partner who is dependent on the student and any child for whom the student has parental responsibility and who is dependent on the student;

(c) “dependant” (“dibynnydd”) means, in relation to a student, the student’s partner, the student’s dependent child or an adult dependant, who in each case is not an eligible student and does not hold a statutory award;

(d) “dependent” (“dibynnol”) means wholly or mainly financially dependent;

(e) “dependent child” (“plentyn dibynnol”) means in relation to an eligible student a child dependent on the student;

(f) “lone parent” (“rhiant unigol”) means a student who does not have a partner and who has a dependent child;

(g) “net income” (“incwm net”) has the meaning given in paragraph (2) as may be reduced in accordance with paragraph (3);

(h) subject to sub-paragraphs (i) and (j), “partner” (“partner”) means any of the following—

(i) a spouse;

(ii) a civil partner;

(iii) a person ordinarily living with a student as if that person were the student’s spouse where that student was aged 25 or over at the relevant date;

(iv) a person ordinarily living with a student as if that person were the student’s civil partner where that student was aged 25 or over at the relevant date;

(i) for the purposes of the definition of “adult dependant”, a person is to be treated as a partner if the person would be a partner under sub-paragraph (h) but for the fact that the student with whom the person is living was not aged 25 or over at the relevant date;

(j) for the purposes of the definitions of “child” and “lone parent”, a person is to be treated as a partner if the person would be a partner under sub-paragraph (h) but for the fact that the student with whom the person is ordinarily resident was not aged 25 or over at the relevant date;

(k) “prior financial year” (“blwyddyn ariannol flaenorol”) has the meaning given in paragraph 1(1) of Schedule 2.

(2) Subject to paragraph (3), a dependant’s net income is their taxable income from all sources for the prior financial year reduced by the amount of income tax and social security contributions payable in respect of it but disregarding—

(a) any pension, allowance or other benefit paid by reason of a disability or incapacity to which the dependant is subject;

(b) child benefit payable under Part IX of the Social Security Contributions and Benefits Act 1992(10);

(c) any financial support payable to the dependant by a local authority in accordance with regulations made under sections 2, 3 and 4 of the Adoption and Children Act 2002(11);

(d) any guardian’s allowance to which the dependant is entitled under section 77 of the Social Security Contributions and Benefits Act 1992;

(e) in the case of a dependant with whom a child being looked after by a local authority is boarded out, any payment made to that dependant for the purposes of section 23 of the Children Act 1989(12);

(f) any payment made to the dependant under section 23C(5A) of the Children Act 1989(13);

(g) any payments made to the dependant under section 15 of and Schedule 1 to the Children Act 1989 in respect of a person who is not the dependant’s child or any assistance given by a local authority pursuant to section 24 of that Act(14); and

(h) any child tax credit to which the dependant is entitled under Part 1 of the Tax Credits Act 2002(15).

(3) Where a student’s partner makes any recurrent payments which were previously made by the student in pursuance of an obligation incurred before the relevant date, the student partner’s net income is taxable income calculated in accordance with paragraph (2) reduced by—

(a) an amount equal to the payments in question for the academic year, if in the opinion of the Welsh Ministers the obligation has been reasonably incurred; or

(b) such lesser amount, if any, as the Welsh Ministers consider appropriate if, in their opinion, a lesser obligation could reasonably have been incurred.

(4) For the purposes of paragraph (2), payments are to be treated as the child’s income where—

(a) the dependant is a dependent child; and

(b) payments are made to the student towards the child’s maintenance.

Commencement Information

I28 Reg. 28 in force at 23.4.2013, see reg. 2

PART 5 E+W COLLEGE OF EUROPE STUDENT'S CONTRIBUTION

Student’s contribution E+W

29.  A College of Europe student’s contribution in respect of an academic year is the amount, if any, calculated under Schedule 2.

Commencement Information

I29 Reg. 29 in force at 23.4.2013, see reg. 2

Application of the student’s contribution E+W

30.  The College of Europe student’s contribution must be applied to reduce or extinguish the amounts of grants for living and other costs to which the College of Europe student would otherwise be entitled in the following order—

(a) the student’s grant for living costs calculated under regulation 20;

(b) the amount if any of the adult dependants grant calculated in accordance with regulation 25;

(c) the amount if any of the parents' learning allowance calculated in accordance with regulation 26;

(d) the amount if any of the grant for board and lodging in accordance with regulation 21;

(e) the amount of grant for travel home calculated in accordance with regulation 22(1);

(f) the amount of grant for college travel in accordance with regulation 22(2);

(g) the amount of grant for research travel calculated in accordance with regulation 22(3).

Commencement Information

I30 Reg. 30 in force at 23.4.2013, see reg. 2

PART 6 E+W PAYMENTS

Payment of grant for fees E+W

31.—(1) The Welsh Ministers must not pay the grant for fees awarded to an applicant until they have received a valid request for payment from the academic authority.

(2) The Welsh Ministers may make the payments of the grant for fees to the academic authority in such instalments (if any) and at such times as they consider appropriate.

Commencement Information

I31 Reg. 31 in force at 23.4.2013, see reg. 2

Payment of grants for living and other costs E+W

32.—(1) The Welsh Ministers may pay the grants for living and other costs to a College of Europe student in such instalments (if any) and at such times as they consider appropriate.

(2) The Welsh Ministers may, if they consider it appropriate to do so, pay the grant payable under regulation 21 (grant for board and lodging) to the relevant academic authority for the academic authority to pay the relevant grant on their behalf.

(3) Where a final assessment of the amount of grants for living and other costs payable to a student cannot be made on the basis of the information provided by an applicant, the Welsh Ministers may make provisional payments of those grants pending the final assessment.

(4) The Welsh Ministers may, if they consider it appropriate to do so, make a payment of disabled students' allowance before the start of the academic year in respect of which that payment is due.

(5) Where the circumstances in regulation 11(2)(a) or regulation 11(2)(c) apply, the Welsh Ministers must not make any payments of support to a student after the date on which the student stops attending the course unless they consider it appropriate to do so taking into account the circumstances of the student’s case.

(6) The Welsh Ministers must not make any payments of support to a student who is absent from the course—

(a) for more than 60 days due to illness; or

(b) for any period for any other reason,

unless they consider that it is appropriate to do so taking into account the circumstances of the student’s case.

Commencement Information

I32 Reg. 32 in force at 23.4.2013, see reg. 2

Overpayments E+W

33.—(1) The Welsh Ministers may recover any overpayment of grant for fees from the academic authority.

(2) An eligible student must, if required to do so by the Welsh Ministers, repay any amount paid to that student under Part 4 which for whatever reason exceeds the amount of support to which the person is entitled under Part 4.

Commencement Information

I33 Reg. 33 in force at 23.4.2013, see reg. 2

PART 7 E+W AMENDMENT OF THE 2012 REGULATIONS

Amendment of the 2012 Regulations E+W

34.—(1) Schedule 5 to the 2012 Regulations is amended in accordance with the following paragraphs.

(2) In paragraph 9(1)(a) for “£39,793” substitute “£39,778”.

(3) In paragraph 9(1)(a) for “£9.27” substitute “£8.97”.

(4) In paragraph 9(1)(b) for “£39,793” substitute “£39,778”.

(5) In paragraph 9(2)(a) for “£50,778” substitute “£50,753”.

(6) In paragraph 9(2)(b) for “£50,778” substitute “£50,753”.

(7) In paragraph 9(3)(a) for “£50,503” substitute “£50,488”.

(8) In paragraph 9(3)(b)_ for “£50,503” substitute “£50,488”.

Commencement Information

I34 Reg. 34 in force at 23.4.2013, see reg. 2

Leighton Andrews

Minister for Education and Skills, one of the Welsh Ministers

27 March 2013