PART 1GENERAL
Title, commencement and application1.
(1)
The title of these Regulations is the Education (Student Support) (Wales) Regulations 2017.
(2)
These Regulations come into force on 17 February 2017 and apply in relation to Wales.
Interpretation2.
(1)
In these Regulations, except where the context otherwise requires—
“the 1998 Act” (“Deddf 1998”) means the Teaching and Higher Education Act 1998;
“2010 cohort student” (“myfyriwr carfan 2010”) means an eligible student who began the present course on or after 1 September 2010 and before 1 September 2011, other than—
(a)
a 2010 gap year student;
(b)
an eligible student who started the present course on or after 1 September 2010 and before 1 September 2011 where that course is an end-on course following on from a course that the student started before—
- (i)
1 September 2010; or
- (ii)
1 September 2011 and in relation to which the student is a 2010 gap year student; or
(c)
an eligible student who started the present course on or after 1 September 2010 and before 1 September 2011 whose 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 1998 Act from a designated course which the student began before—
- (i)
1 September 2010; or
- (ii)
1 September 2011 and in relation to which the student is a 2010 gap year student;
“2010 gap year student” (“myfyriwr blwyddyn i ffwrdd 2010”) has the meaning given in paragraph (6);
“2011 cohort student” (“myfyriwr carfan 2011”) means an eligible student who began the present course on or after 1 September 2011 but before 1 September 2012, other than—
(a)
a 2011 gap year student;
(b)
an eligible student who started the present course on or after 1 September 2011 but before 1 September 2012 where that course is an end-on course following on from a course that—
- (i)
the student started before 1 September 2011; or
- (ii)
the student started before 1 September 2012 and in relation to which the student is a 2011 gap year student; or
(c)
an eligible student who started the present course on or after 1 September 2011 and before 1 September 2012 and whose 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 1998 Act from a designated course which the student began—
- (i)
before 1 September 2011; or
- (ii)
before 1 September 2012 and in relation to which the student is a 2011 gap year student;
“2011 gap year student” (“myfyriwr blwyddyn i ffwrdd 2011”) has the meaning given in paragraph 10);
“2012 accelerated graduate entry student” (“myfyriwr mynediad graddedig carlam 2012”) means an eligible student who begins an accelerated graduate entry course on or after 1 September 2012;
“2012 cohort student” (“myfyriwr carfan 2012”) means an eligible student who begins the present course on or after 1 September 2012, other than—
(a)
an eligible student who started the present course on or after 1 September 2012 where that course is an end-on course following on from a course that the student started before 1 September 2012; or
(b)
an eligible student who started the present course on or after 1 September 2012 whose 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 1998 Act from a designated course which the student began before 1 September 2012; or
(c)
a 2012 accelerated graduate entry student;
“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—
(a)
in respect of an academic year of a course other than the first year of a compressed first year course, 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; or
(b)
in respect of an academic year which is the first year of a compressed first year course, the period of eight 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 of two years’ duration 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;
“accelerated graduate entry course” (“cwrs mynediad graddedig carlam”) means a course—
(a)
the standard of which is not higher than a first degree course and which leads to a qualification as a medical doctor or dentist;
(b)
where a first degree or equivalent qualification would normally be required for entry to the course;
(c)
which begins on or after 1 September 2012; and
(d)
which does not exceed 4 years in duration;
“accelerated graduate entry fee loan” (“benthyciad at ffioedd mynediad graddedig carlam”) means a loan payable by the Welsh Ministers under regulation 22;
“adult dependants’ grant” (“grant dibynyddion mewn oed”) means the grant payable under regulation 26;
“applicant” (“ceisydd”) means, in relation to a person who applies for support payable under these Regulations to an eligible—
(a)
student, a person who makes an application under regulation 9;
(b)
distance learning student, a person who makes an application under regulation 72;
(c)
part-time student, a person who makes an application under regulation 99; and
(d)
postgraduate student, a person who makes an application under regulation 115;
“borrower” (“benthyciwr”) means a person to whom a loan has been made;
“bursary year” (“blwyddyn bwrsari”) means an academic year of a course in relation to which the student is eligible to apply for a healthcare bursary or a Scottish healthcare allowance, the amount of which is calculated by reference to that student’s income whether or not the calculation results in a nil amount;
“childcare grant” (“grant gofal plant”) means the grant payable under regulation 27;
“college fees” (“ffioedd coleg”) means the fees payable by a qualifying student to a college or permanent private hall of the University of Oxford or to a college of the University of Cambridge in connection with the qualifying student’s attendance on a qualifying course;
“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 1998 Act;
“compressed degree course” (“cwrs gradd cywasgedig”) means a course determined by the Secretary of State to be a compressed degree course;
“compressed degree student” (“myfyriwr cwrs gradd cywasgedig”) means an eligible student who—
(a)
is undertaking a compressed degree course in the United Kingdom (the“course”);
(b)
either—
- (i)
began the course on or after 1 September 2006 and is continuing on that course after 31 August 2013; or
- (ii)
begins the course on or after 1 September 2013; and
(c)
either—
- (i)
is required to be in attendance on the course for part of the academic year for which the eligible student is applying for support under these Regulations; or
- (ii)
is a disabled eligible student who is not required to be in attendance on the course as that student is unable to attend because of a reason which relates to that student’s disability;
“compressed first year course” (“cwrs blwyddyn gyntaf gywasgedig”) means a designated course—
(a)
which begins on or after 1 September 2013;
(b)
where the first year of the course is undertaken on a compressed basis and can be completed in a period of not more than seven months; and
(c)
where no other years of the course are undertaken on such a compressed basis;
“contribution” (“cyfraniad”) means in relation to—
(a)
an eligible student, the student’s contribution calculated pursuant to regulation 55 and Schedule 5;
(b)
an eligible part-time student, the student’s contribution calculated pursuant to regulation 96 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 66;
“designated part-time course” (“cwrs rhan-amser dynodedig”) means a course designated by regulation 83(1) or by the Welsh Ministers under regulation 83(6);
“designated postgraduate course” (“cwrs ôl-radd dynodedig”) means a course designated by regulation 112(1) or by the Welsh Ministers under regulation 112(4);
“distance learning course” (“cwrs dysgu o bell”) means a full-time course beginning on or after 1 September 2012 in relation to which a student undertaking the course is not required to be in attendance by the institution providing the course, other than to satisfy any requirement imposed by the institution to attend any institution—
(a)
for the purposes of registration, enrolment or any examination; or
(b)
on a weekend or during any vacation;
“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;
“eligible distance learning student” (“myfyriwr dysgu o bell cymwys”) has the meaning given in regulation 64;
“eligible part-time prisoner” (“carcharor rhan-amser cymwys”) means a prisoner—
(a)
who begins the present part-time course on or after 1 September 2014;
(b)
has been authorised by the prison Governor or Director or other appropriate authority to study the present part-time course;
(c)
whose earliest release date is within 6 years of the first day of the first academic year of the present part-time course; and
(d)
who has not transferred to the present part-time course under regulation 102 from a course beginning before 1 September 2014;
“eligible part-time student” (“myfyriwr rhan-amser cymwys”) has the meaning given in regulation 81;
“eligible postgraduate student” (“myfyriwr ôl-raddedig cymwys”) has the meaning given in regulation 110;
“eligible prisoner” (“carcharor cymwys”) means a prisoner—
(a)
who begins the present course on or after 1 September 2012;
(b)
has been authorised by the prison Governor or Director or other appropriate authority to study the present course;
(c)
whose earliest release date is within 6 years of the first day of the first academic year of the present course;
(d)
who has not transferred to the present course under regulation 8 from a course beginning before 1 September 2012; and
(e)
is not beginning an end-on course on or after 1 September 2012;
“eligible student” (“myfyriwr cymwys”) has the meaning given in regulation 4;
“employment-based teacher training scheme” (“cynllun hyfforddi athrawon ar sail cyflogaeth”) means—
(a)
(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—
(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 listed in paragraph 2,3 or 4 of Schedule 2 for which the student received or was entitled to receive support under the 2006, 2007, 2008, 2008 (No. 2), 2009, 2011, 2011 (No. 2),2012, 2013 or 2015 Regulations;
(b)
a full-time honours degree course which, disregarding any intervening vacation, a student begins to attend immediately after ceasing to attend a full-time foundation degree course or a full-time ordinary degree course for which the student received or was entitled to receive support under the 2006, 2007, 2008, 2008 (No. 2), 2009, 2011, 2011 (No. 2), 2012, 2013 or 2015 Regulations;
(c)
a part-time first degree course (other than a first degree course for the initial training of teachers) which, disregarding any intervening vacation, a student begins to attend immediately after ceasing to attend a part-time course listed in paragraph 2, 3 or 4 of Schedule 2 for which the student received or was entitled to receive support under the 2006, 2007, 2008, 2008 (No. 2), 2009, 2011, 2011 (No. 2), 2012,2013 or 2015 Regulations;
(d)
a part-time honours degree course which, disregarding any intervening vacation, a student begins to attend immediately after ceasing to attend a part-time foundation degree course or a part-time ordinary degree course for which the student received or was entitled to receive support under the 2006, 2007, 2008, 2008 (No. 2), 2009, 2011, 2011 (No. 2), 2012, 2013 or 2015 Regulations;
(e)
a distance learning 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 designated distance learning course listed in paragraph 2, 3 or 4 of Schedule 2 for which the student received or was entitled to receive support under the 2006, 2007, 2008, 2008 (No. 2), 2009, 2011, 2011 (No. 2), 2012, 2013 or 2015 Regulations;
(f)
a distance learning honours degree course which, disregarding any intervening vacation, a student begins to attend immediately after ceasing to attend a designated distance learning foundation degree course or designated distance learning ordinary degree course for which the student received or was entitled to receive support under the 2006, 2007, 2008, 2008 (No. 2), 2009, 2011, 2011 (No. 2), 2012, 2013 or 2015 Regulations;
“English regulated institution” (“sefydliad rheoleiddiedig Seisnig”) means an institution maintained or assisted by recurrent grants from the Higher Education Funding Council for England;
“entitlement period” (“cyfnod hawlogaeth”) has the meaning given in regulation 27(4);
(a)
where the course began before 1 September 2012, all the periods of study or work placement during the academic year were attended at an institution or workplace outside the United Kingdom;
(b)
where the course begins on or after 1 September 2012 and is provided by an institution in Northern Ireland, all the periods of study or work placement during the academic year are attended at an institution or workplace outside the United Kingdom; or
(c)
where the course begins on or after 1 September 2012 and is provided by an institution in England, Scotland or Wales—
- (i)
at least one period of study or work placement during the academic year is attended at an institution or workplace outside the United Kingdom; and
- (ii)
either—
- (aa)
in respect of that academic year the aggregate of any one or more periods of full-time study at the institution in the United Kingdom is less than 10 weeks; or
- (bb)
in respect of that academic year and any previous academic years of the course the aggregate of any one or more periods of attendance which are not periods of full-time study at the institution in the United Kingdom (disregarding any intervening vacations) exceeds 30 weeks;
- (aa)
“EU national” (“gwladolyn o’r UE”) means a national of a Member State of the European Union;
“European Union” (“yr Undeb Ewropeaidd”) means the territory comprised by the Member States of the European Union as constituted from time to time;
“fee loan” (“benthyciad at ffioedd”) means a loan for fees payable to an eligible student pursuant to Part 4;
“fee support” (“cymorth at ffioedd”) means grants in relation to fees pursuant to regulations made by the Welsh Ministers under section 22 of the 1998 Act and includes fee loans in relation to fees under Part 4;
“former Metropolitan Police District” (“cyn Ardal yr Heddlu Metropolitanaidd”) means—
(a)
Greater London, excluding the city of London, the Inner Temple and the Middle Temple;
(b)
in the county of Essex, in the district of Epping Forest—
the area of the former urban district of Chigwell,
the parish of Waltham Abbey;
(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
(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;
“grant for disabled distance learning students’ living costs” (“grant at gostau byw myfyrwyr dysgu o bell anabl”) means the grant payable under regulation 71;
“grant for disabled part-time students’ living costs” (“grant at gostau byw myfyrwyr rhan-amser anabl”) means the grant payable under regulation 88;
“grant for disabled students’ living costs” (“grant at gostau byw myfyrwyr anabl”) means the grant payable under regulation 24;
“grant for living costs” (“grant at gostau byw”) (without more) means a grant under any of the provisions of Part 5 of these Regulations;
“grants for dependants” (“grantiau ar gyfer dibynyddion”) means the grants and allowance listed in regulation 25(1);
“grant for travel” (“grant at deithio”) means the grant payable under regulations 32 to 34;
“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—
(a)
an eligible student, has the meaning given in Schedule 5;
(b)
an eligible part-time student, has the meaning given in Schedule 6;
“information” (“gwybodaeth”) includes documents;
“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 1998 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 1998 Act;
“maintained school” (“ysgol a gynhelir”) means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school;
“maintenance grant” (“grant cynhaliaeth”) means the grant payable under regulations 35 to 37;
“new eligible part-time student” (“myfyriwr rhan-amser cymwys newydd”) means an eligible part-time student who begins a designated part-time course on or after 1 September 2014, other than—
(a)
an eligible part-time student who started the present part-time course on or after 1 September 2014 where that course is an end-on course following on from a designated part-time course that the student started before 1 September 2014; or
(b)
an eligible part-time student who started the present part-time course on or after 1 September 2014 whose status as an eligible part-time student transferred to that part-time course as a result of one or more transfers of that status by the Welsh Ministers pursuant to regulation 102 from a designated part-time course which the student began before 1 September 2014;
“new fee grant” (“grant newydd at ffioedd”) means a grant made by the Welsh Minsters under regulation 16;
“new fee loan” (“benthyciad newydd at ffioedd”) means a loan payable by the Welsh Ministers under regulation 19;
“new part-time course grant” (“grant newydd at gyrsiau rhan-amser”) means a grant payable by the Welsh Ministers under regulation 87;
“new part-time fee loan” (“benthyciad newydd at ffioedd rhan-amser”) means a loan payable by the Welsh Ministers under regulation 86;
“new private institution fee loan” (“benthyciad newydd at ffioedd sefydliad preifat”) means a loan payable by the Welsh Ministers under regulation 21;
“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;
“parents’ learning allowance” (“lwfans >dysgu ar gyfer rhieni”) means the allowance payable under regulation 28;
“part-time adult dependants’ grant” (“grant rhan-amser ar gyfer dibynyddion mewn oed”) means the grant payable under regulation 91;
“part-time childcare grant” (“grant rhan-amser ar gyfer gofal plant”) means the grant payable under regulation 92;
“part-time distance learning course” (“cwrs dysgu o bell rhan-amser”) means a designated part-time course in relation to which a student undertaking the course is not required to be in attendance by the institution providing the course, other than to satisfy any requirement imposed by the institution to attend any institution—
(a)
for the purposes of registration, enrolment or any examination; or
(b)
on a weekend or during any vacation;
“part-time grants for dependants” (“grantiau rhan-amser ar gyfer dibynyddion”) means the grants and allowance listed in regulation 90(1);
“part-time parents’ learning allowance” (“lwfans dysgu rhan-amser ar gyfer rhieni”) means the allowance payable under regulation 93;
“periods of work experience” (“cyfnodau o brofiad gwaith”) means—
(a)
periods of industrial, professional or commercial experience associated with full-time study at an institution but at a place outside that institution;
(b)
periods during which a student is employed and residing in a country whose language is one that the student is studying for the student’s course (provided that the period of residence in that country is a requirement of the student’s course and the study of one or more modern languages accounts for not less than one half of the total time spent studying on the course);
“person with leave to enter or remain” (“person sydd â chaniatâd i ddod i mewn neu i aros”) means a person (“A” 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 A is considered not to qualify for recognition as a refugee it is thought right to allow A 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 A to enter or remain in the United Kingdom on the grounds of discretionary leave;
(b)
who has been granted leave to enter or to remain accordingly;
(c)
(d)
who has been ordinarily resident in the United Kingdom and Islands throughout the period since A was granted leave to enter or remain;
“preliminary course” (“cwrs rhagarweiniol”) means a course listed 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 under regulation 9;
“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 under regulation 72;
“present part-time course” (“cwrs rhan-amser presennol”) means the designated part-time course in respect of which a person is applying for support under regulation 99;
“present postgraduate course” (“cwrs ôl-radd presennol”) means the designated postgraduate course in respect of which a person is applying for support under regulation 115;
“prisoner (“carcharor”) means a person who is serving a sentence of imprisonment in the United Kingdom including a person who is detained in a young offender institution;
“private institution” (“sefydliad preifat”) means an institution which is not a recognised educational institution;
“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;
“qualifying course” (“cwrs cymhwysol”) means a full-time designated course which is provided by the University of Oxford or the University of Cambridge and—
(a)
leads to qualification as a social worker, medical doctor, dentist, veterinary surgeon or architect;
(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
(c)
consists of at least one academic year which is a bursary year;
“qualifying student” (“myfyriwr cymhwysol”) means a person who meets the conditions set out in paragraph 2 of Schedule 4;
“quarter” (“chwarter”) in relation to an academic year means a period in that year—
(a)
beginning on 1 January and ending on 31 March;
(b)
beginning on 1 April and ending on 30 June;
(c)
beginning on 1 July and ending on 31 August; or
(d)
beginning on 1 September and ending on 31 December;
“recognised educational institution” (“sefydliad addysgol cydnabyddedig”) means—
(a)
in respect of a course beginning before 1 September 2017 a publicly funded institution situated in the United Kingdom;
(b)
in respect of a course beginning on or after 1 September 2017 an institution that is—
- (i)
a Welsh regulated institution;
- (ii)
an English regulated institution; or
- (iii)
maintained or assisted by recurrent grants out of public funds and is situated in Scotland or Northern Ireland;
“Research Council” (“Cyngor Ymchwil”) means any of the following research councils—
(a)
Arts and Humanities Research Council,
(b)
Biotechnology and Biological Sciences Research Council,
(c)
Economic and Social Research Council,
(d)
Engineering and Physical Sciences Research Council,
(e)
Medical Research Council,
(f)
Natural Environment Research Council,
(g)
Science and Technology Facilities Council;
“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 (2);
“special support grant” (“grant cymorth arbennig”) means the grant payable under regulations 38 to 40;
“specified designated course” (“cwrs dynodedig a bennir”) has the meaning given in paragraph (5);
“standard student” (“myfyriwr safonol”) is a student who is to be taken—
(a)
to have begun the designated course on the same date as the eligible student in question;
(b)
not to be excused any part of the course;
(c)
not to repeat any part of the course; and
(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 1998 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;
“support” (“cymorth”), except where otherwise indicated, 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 1998 Act;
“Turkish worker” (“gweithiwr Twrcaidd”) means a Turkish national who—
(a)
is ordinarily resident in the United Kingdom and Islands; and
(b)
is, or has been, lawfully employed in the United Kingdom;
“universal healthcare bursary” (“bwrsari gofal iechyd cyffredinol”) means a healthcare bursary of £1,000 which is—
(a)
payable to a 2012 cohort student or a 2012 accelerated graduate entry student; and
(b)
in relation to a 2012 cohort student is not calculated by reference to that student’s income; or
(c)
in relation to a 2012 accelerated graduate entry student is not calculated by reference to that student’s income;
“valid declaration of eligibility” (“datganiad cymhwystra dilys”) has the meaning given in regulation 27(4);
“Welsh regulated institution” (“sefydliad rheoleiddiedig Cymreig”) means an institution which has a fee and access plan approved by the Higher Education Funding Council for Wales under section 7 of the Higher Education (Wales) Act 2015 whilst that plan remains in force.
(2)
In these Regulations—
(a)
a course is a “sandwich course” (“cwrs rhyngosod”) if—
(i)
it is not a course for the initial training of teachers or an academic year of a designated course that is an Erasmus year;
(ii)
it consists of alternate periods of full-time study in an institution and periods of work experience; and
(iii)
taking the course as a whole, the student attends the periods of full-time study for an average of not less than 18 weeks in each year;
(b)
in calculating the student’s attendance for the purposes of sub-paragraph (a), the course is to be treated as beginning with the first period of full-time study and ending with the last such period;
(c)
for the purposes of sub-paragraph (a), where periods of full-time study and work experience alternate within any week of the course, the days of full-time study are aggregated with each other and with any weeks of full-time study in determining the number of weeks of full-time study in each year.
(3)
In these Regulations, the “specified designated course” (“cwrs dynodedig a bennir”) means the present course, subject to paragraphs (4) and (5).
(4)
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 1998 Act, the specified designated course is the initial course.
(5)
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.
(6)
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 the person meets the conditions in paragraphs (7) or (9).
(7)
The conditions referred to in paragraph (6) are—
(a)
the person had on or before 1 August 2009 received an offer, whether conditional or not, of a place on the present course or a similar course; and
(b)
the first academic year of the present course started on or after 1 September 2010 but before 1 September 2011.
(8)
In paragraph (7), a course (“the original course”) is similar to the present course if—
(a)
it appears to the academic authority of the institution providing the present course that the subject-matter of the course is in whole or in part the same as the subject-matter of the original course; and
(b)
except where the original course is no longer being provided, the present course is provided by the institution which was to have provided the original course.
(9)
The conditions referred to in paragraph (6) are—
(a)
the person had received an offer of a place on a designated course (whether or not at the same institution as the present course) the first academic year of which began before 1 September 2010;
(b)
the person was unable to take up the offer because a specified qualification or grade was not awarded to the person;
(c)
the person appealed against the decision not to award the person the qualification or grade;
(d)
the appeal was allowed after the last date on which the person could have taken up the offer;
(e)
as a result, the person was offered a place on the present course; and
(f)
the first academic year of the present course began on or after 1 September 2010 but before 1 September 2011.
(10)
In these Regulations, a person is a “2011 gap year student” (“myfyriwr blwyddyn i ffwrdd 2011”) in relation to a course provided by or on behalf of an institution that was publicly funded as at 1 August 2010 if that person meets the conditions in paragraphs (11) or (13).
(11)
The conditions referred to in paragraph (10) are—
(a)
the person had on or before 1 August 2010 received an offer, whether conditional or not, of a place on the present course or a similar course; and
(b)
the first academic year of the present course started on or after 1 September 2011 but before 1 September 2012.
(12)
In paragraph (11), a course (“the original course”) is similar to the present course if—
(a)
it appears to the academic authority of the institution providing the present course that the subject-matter of the course is in whole or in part the same as the subject-matter of the original course; and
(b)
except where the original course is no longer being provided, the present course is provided by the institution which was to have provided the original course.
(13)
The conditions referred to in paragraph (10) are—
(a)
the person had received an offer of a place on a designated course (whether or not at the same institution as the present course) the first academic year of which began before 1 September 2011;
(b)
the person was unable to take up the offer because a specified qualification or grade was not awarded to the person;
(c)
the person appealed against the decision not to award the person the qualification or grade;
(d)
the appeal was allowed after the last date on which the person could have taken up the offer;
(e)
as a result, the person was offered a place on the present course; and
(f)
the first academic year of the present course began on or after 1 September 2011 but before 1 September 2012.
(14)
For the purposes of these Regulations—
(a)
a 2011 gap year student is to be treated as a 2010 cohort student;
(b)
where an eligible student starts the present course on or after 1 September 2011 and that course is an end-on course following on from a designated course (“the earlier course”) which the student started on or after 1 September 2010 and before 1 September 2011, the student is to be treated as a 2010 cohort student;
(c)
where an eligible student starts the present course on or after 1 September 2011 and whose 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 1998 Act from a designated course (“the earlier course”) which the student started on or after 1 September 2010 and before 1 September 2011, the student is to be treated as a 2010 cohort student;
(d)
subject to paragraph (15), where an eligible student starts the present course on or after 1 September 2012 and that course is an end-on course following on from a designated course (“the earlier course”) which the student started on or after 1 September 2011 and before 1 September 2012, the student is to be treated as a 2011 cohort student;
(e)
subject to paragraph (15), where an eligible student starts the present course on or after 1 September 2012 and whose 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 1998 Act from a designated course (“the earlier course”) which the student started on or after 1 September 2011 and before 1 September 2012, the student is to be treated as a 2011 cohort student.
(15)
The eligible student referred to in sub-paragraphs (d) and (e) of paragraph (14) is not to be treated as a 2011 cohort student, if in relation to the earlier course, the student is a 2011 gap year student.
Revocation, savings and transitional provisions3.
(1)
Subject to paragraph (14), the 2015 Regulations are revoked on 1 September 2017.
(2)
The 2003 Regulations continue to apply to the provision of support to students in relation to an academic year which began on or after 1 September 2003 but before 1 September 2004.
(3)
The 2004 Regulations continue to apply to the provision of support to students in relation to an academic year which began on or after 1 September 2004 but before 1 September 2005.
(4)
The 2005 Regulations continue to apply to the provision of support to students in relation to an academic year which began on or after 1 September 2005 but before 1 September 2006.
(5)
The 2006 Regulations continue to apply to the provision of support to students in relation to an academic year which began on or after 1 September 2006 but before 1 September 2007.
(6)
The 2007 Regulations continue to apply to the provision of support to students in relation to an academic year which began on or after 1 September 2007 but before 1 September 2008.
(7)
The 2008 Regulations continue to apply to the provision of support to students in relation to an academic year which began on or after 1 September 2008 but before 1 September 2009.
(8)
The 2008 (No. 2) Regulations continue to apply to the provision of support to students in relation to an academic year which began on or after 1 September 2009 but before 1 September 2010.
(9)
The 2009 Regulations continue to apply to the provision of support to students in relation to an academic year which began on or after 1 September 2010 but before 1 September 2011.
(10)
The 2011 Regulations continue to apply to the provision of support to students in relation to an academic year which begins on or after 1 September 2011 but before 1 September 2012.
(11)
The 2011 (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 2012 but before 1 September 2013.
(12)
The 2012 Regulations continue to apply to the provision of support to students in relation to an academic year which begins on or after 1 September 2013 but before 1 September 2014.
(13)
The 2013 Regulations continue to apply to the provision of support to students in relation to an academic year which begins on or after 1 September 2014 but before 1 September 2015.
(14)
The 2015 Regulations continue to apply to the provision of support to students in relation to—
(a)
an academic year which begins on or after 1 September 2015 but before 1 September 2017;
(b)
a course the first day of the first academic year of which was—
(i)
before 1 September 2010; or
(ii)
before 1 September 2011 where—
(aa)
a person is a 2010 gap year student; or
(bb)
the course is an end on course that follows on from a course that the student started before 1 September 2010;
(c)
the present course where—
(i)
the first day of the first academic year of that course was on or after 1 September 2010 but before 1 September 2011; and
(ii)
a person’s 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 1998 Act from a designated course which the eligible student began before—
(aa)
1 September 2010; or
(bb)
1 September 2011 and in relation to which the student is a 2010 gap year student.
(15)
For the purposes of paragraphs (2) to (4), any reference to the Secretary of State in relation to any function conferred on the Secretary of State by the Regulations referred to in those paragraphs, is to be read in relation to Wales as a reference to—
(a)
(b)
the Welsh Ministers or the Secretary of State, in the case of a function referred to in section 44(2) of the Higher Education Act 2004.
(16)
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 2017 whether anything done under these Regulations is done before, on or after 1 September 2017.