The Education (Student Support) (Wales) Regulations 2018

CHAPTER 1 E+W INTRODUCTION

Grants for dependants E+W

68.—(1) The following are grants made available by the Welsh Ministers to an eligible student in respect of costs associated with certain dependants of the student for an academic year—

(a) an adult dependants grant (see Chapter 2);

(b) a parents' learning grant (see Chapter 3);

(c) a childcare grant (see Chapter 4).

(2) In these Regulations, those grants are collectively referred to as “grants for dependants” (“GfDs”).

Qualifying conditions for grants for dependants E+W

69.—(1) An eligible student qualifies for any particular GfD in respect of an academic year of the present course if the student—

(a) satisfies the qualifying conditions for that grant,

(b) does not fall within any of the exceptions in paragraph (2), and

(c) if the student's present course is a part-time course, the intensity of study of the academic year is at least [F1 25%].

(2) The exceptions are— Exception 1 The eligible student is a prisoner, unless—

(a) the present course is a part-time course, and

(b) the student enters or is released from prison in the academic year in question.

[F2 Exception 2 The only paragraph or paragraphs of Schedule 2 into which the eligible student falls is one or more of [F3 paragraphs 1(2)(d)(ii), 1(3), 4A(1)(b)(ii), 4A(2)(b)(ii), 6(1), 6A(1), 6A(2)(d)(ii), 6BA, 6BB, 6C, 6D, 7A(c)(ii) or 8A(1)(d)(ii).]] Exception 3 [F4 a necessary part of which is a period of study by way of clinical training. ]

Exception 4 The eligible student is undertaking an academic year of an accelerated graduate entry course, other than the first year of the course. F5 ... Exception 6 The eligible student is undertaking an academic year of a sandwich course during which the periods of full-time study are in aggregate less than 10 weeks (unless it is a year to which Regulation 44(2) applies). Exception 7 The person in respect of whom the eligible student is applying—

(a) is an eligible student, and

(b) is in receipt of a statutory award.

[F6 Exception 8

The present course is a distance learning course and the student (“S”) is not in Wales on the first day of the first academic year of the course.

But this exception does not apply where—

(a) S is not in Wales on the first day of the first academic year of the course because S, or a close relative of S, is serving as a member of the armed forces outside Wales, or

(b) S is unable to be in Wales on the first day of the first academic year of the course for a reason related to coronavirus.]

Textual Amendments

F1 Word in reg. 69(1)(c) substituted (22.2.2023) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2023 (S.I. 2023/87), regs. 1(2), 58 (with reg. 2)

F2 Words in reg. 69(2) substituted (with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 124

F3 Words in reg. 69(2) substituted (22.2.2023) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2023 (S.I. 2023/87), regs. 1(2), 42 (with reg. 2)

F4 Words in reg. 69(2) substituted (4.1.2024) by The Education (Student Finance) (Miscellaneous Amendments) (No. 3) (Wales) Regulations 2023 (S.I. 2023/1349), regs. 1(2), 49

F5 Words in reg. 69(2) omitted (with application in accordance with reg. 3 of the amending S.I.) by virtue of The Education (Student Finance) (Ukrainian Nationals and Family Members) (Miscellaneous Amendments) (Wales) Regulations 2022 (S.I. 2022/764), regs. 2, 40

F6 Words in reg. 69(2) inserted (4.1.2024) by The Education (Student Finance) (Miscellaneous Amendments) (No. 3) (Wales) Regulations 2023 (S.I. 2023/1349), regs. 1(2), 54 (with reg. 2)

Interpretation of this Part E+W

70.—(1) In this Part—

“adult dependant” (“oedolyn dibynnol”) means an adult person—

(a)

who is wholly or mainly financially dependent on the eligible student, or

(b)

who is wholly or mainly financially dependent on both the eligible student and the eligible student's partner together,

but not the eligible student's child, the eligible student's partner (including a partner from whom the eligible student is separated) or the eligible student's former partner;

“current academic year” (“blwyddyn academiaddgyfredol”) means the academic year of the present course in respect of which the eligible student is applying for a GfD;

“dependent child” (“plentyn dibynnol”) means a child—

(a)

who is wholly or mainly financially dependent on the eligible student, or

(b)

who is wholly or mainly financially dependent on both the eligible student and the eligible student's partner together,

including a child of the eligible student's partner and a child for whom the eligible student has parental responsibility;

“lone parent” (“rhiant unigol”) means a person who—

(a)

is a parent of a dependent child, and

(b)

does not have a partner.

(2) In this Part, any reference to a person's (“A's”) partner means–

(a) A's spouse or civil partner, or

(b) a person ordinarily living with A as if the person were A's spouse or civil partner.

(3) Any reference in this Part to a person's or persons' income is a reference to that income as calculated in accordance with the appropriate provisions of Schedule 3.