The Education (Student Support) (Postgraduate Master's Degrees) (Wales) Regulations 2019

PART 8 E+W Payments, Overpayments and Recovery

CHAPTER 1 E+W Payment following a provisional decision

Payment based on provisional assessment E+W

32.  Where the Welsh Ministers make a provisional decision on an application made under regulation 18, the Welsh Ministers may make a payment based on that decision.

Commencement Information

I1 Reg. 32 in force at 27.5.2019, see reg. 1(2)

CHAPTER 2 E+W Payment of grants and loans

Payment of grants and loans E+W

33.—(1) The Welsh Ministers must pay an amount of base grant, contribution to costs grant or contribution to costs loan to an eligible student where it is payable to the student.

(2) Subject to paragraph (3), the Welsh Ministers may pay that amount—

(a) either as a lump sum or by instalments, and

(b) at such times, and in such manner, as the Welsh Ministers consider appropriate.

(3) The Welsh Ministers may make it a condition of entitlement to payment that the eligible student must provide the Welsh Ministers with particulars of a bank or building society account in the United Kingdom into which payments may be made by electronic transfer.

(4) In the case of an eligible prisoner, the Welsh Ministers must pay the base grant and contribution to costs loan for which an eligible prisoner qualifies to the institution to which the eligible prisoner is liable to make payment for the fees payable in connection with the designated course or to such third party that the Welsh Ministers consider appropriate for the purpose of ensuring the payment of such fees to the relevant institution.

Commencement Information

I2 Reg. 33 in force at 27.5.2019, see reg. 1(2)

Confirmation of attendance E+W

34.—(1) The Welsh Ministers must not pay the grant or loan or any instalment of the grant or loan for which an eligible student qualifies unless they have received from the relevant academic authority confirmation (in such form as may be required by the Welsh Ministers) of the student's attendance on the designated course.

(2) The academic authority must forthwith inform the Welsh Ministers and provide the Welsh Ministers with particulars if the student withdraws, is suspended or is expelled from the designated course or is otherwise absent.

(3) An eligible student is not to be considered absent from the eligible student's course if the eligible student is unable to attend due to illness and the eligible student's absence has not exceeded 60 days.

Commencement Information

I3 Reg. 34 in force at 27.5.2019, see reg. 1(2)

Absence from the course E+W

35.—(1) Subject to paragraphs (2) to (4), if the Welsh Ministers receive notice under regulation 34(2) or under regulation 22(3) in relation to an event listed in regulation 22(4)(a) to (d), the Welsh Ministers may not make any further payment of the base grant, contribution to costs grant or the contribution to costs loan in respect of the eligible student to which the notice relates.

(2) Further payments may be made despite the student's lack of attendance if, in the opinion of the Welsh Ministers, those payments would be appropriate in all the circumstances during the student's absence.

(3) If the eligible student recommences the designated course the student must notify the Welsh Ministers and give full details of the length and cause of the preceding absence.

(4) After considering the student's notification under paragraph (3), the Welsh Ministers may recommence any remaining payments of the base grant, contribution to costs grant or the contribution to costs loan under regulation 33, if, in the opinion of the Welsh Ministers, it would be appropriate in all the circumstances for such payment to be made.

Commencement Information

I4 Reg. 35 in force at 27.5.2019, see reg. 1(2)

Effect of becoming, or ceasing to be, an eligible prisoner E+W

36.—(1) Paragraph (2) applies where an eligible student who is in receipt of a base grant, contribution to costs grant or contribution to costs loan becomes an eligible prisoner and continues to undertake a designated course.

(2) The Welsh Ministers must—

(a) not make any future payment of the contribution to costs grant,

(b) adjust future payment of the base grant and contribution to costs loan or future payments of instalments of the base grant and contribution to costs loan, so that the total of the support received by the eligible student does not exceed the amount to which the student, as an eligible prisoner, is entitled to under regulation 31(3), and

(c) make any future payments of the base grant or contribution to costs loan in accordance with regulation 33(4).

(3) Paragraphs (4) to (10) apply where an eligible prisoner who is in receipt of a base grant or a contribution to costs loan ceases to be an eligible prisoner and remains an eligible student, and continues to undertake a designated course.

(4) The Welsh Ministers must make any future payments of the base grant, contribution to costs loan and contribution to costs grant, if any, in accordance with regulation 33(2).

(5) Where an eligible student (“P”) ceases to be an eligible prisoner P may, subject to paragraphs (6) to (8) apply for a contribution to costs grant.

(6) Subject to paragraph (8), the amount of the contribution to costs grant payable to P is calculated by reference to the following formula—

where—

G equals the maximum amount of contribution to costs grant payable to P in accordance with paragraph (7);

T equals the total number of days of the duration of the designated course;

R equals the number of days of the designated course which remain when P ceases to be an eligible prisoner.

(7) The maximum amount of the contribution to costs grant payable to P is—

(a) £5,885 where the student's household income does not exceed £18,370;

(b) £5,885 reduced by £1 for every £6.937 of household income exceeding £18,370;

(c) £0 where the student's household income is £59,200 or more.

(8) The amount of contribution to costs grant payable to a student under paragraph (6) must not exceed [F1 £17,770] minus A, where A is the amount of contribution to costs loan the student has already received when they cease to be an eligible prisoner.

(9) Where P ceases to be an eligible prisoner P may, subject to paragraph (10), apply for the amount of contribution to costs loan to be increased.

(10) The maximum amount of the increase of P's contribution to costs loan for which P may apply under paragraph (9) is calculated by reference to the following formula—

where—

J equals [F2 £17,770] minus the maximum amount of contribution to costs grant payable to P under paragraph (7);

F equals the amount of contribution to costs loan for which P qualifies as an eligible prisoner;

T equals the total number of days of the duration of the designated course;

R equals the number of days of the designated course which remain when P ceases to be an eligible prisoner.

Textual Amendments

F1 Sum in reg. 36(8) substituted (22.2.2023) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2023 (S.I. 2023/87), regs. 1(2), 74(a) (with reg. 2)

F2 Sum in reg. 36(10) substituted (22.2.2023) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2023 (S.I. 2023/87), regs. 1(2), 74(b) (with reg. 2)

Commencement Information

I5 Reg. 36 in force at 27.5.2019, see reg. 1(2)

CHAPTER 3 E+W Overpayments and recovery

Overpayments - general E+W

37.—(1) Where an eligible student has been paid an amount of any grant or contribution to costs loan which exceeds the amount to which the student is entitled under these Regulations, the student must repay the excess amount if required to do so by the Welsh Ministers.

(2) In this Chapter, references to an eligible student are to be treated as including a person who has received support but is not, or is no longer, an eligible student.

Commencement Information

I6 Reg. 37 in force at 27.5.2019, see reg. 1(2)

Recovery of overpayments of grants E+W

38.—(1) The Welsh Ministers must recover any overpayment of a grant unless they think it is not appropriate to do so.

(2) A payment of a grant made before the day on which the course begins is an overpayment if the student withdraws from the course before that day.

(3) Overpayment of a grant may be recovered by subtracting the overpayment from any grant payable to the eligible student from time to time under these Regulations or any other regulations made by the Welsh Ministers under section 22 of the 1998 Act.

(4) Paragraph (3) does not prevent the Welsh Ministers from recovering an overpayment by any other method available to them.

Commencement Information

I7 Reg. 38 in force at 27.5.2019, see reg. 1(2)

Recovery of overpayment of contribution to costs loan E+W

39.—(1) Any overpayment of a contribution to costs loan is recoverable by the Welsh Ministers from—

(a) the institution or third party which received the monies of the contribution to costs loan where payment was made to such institution or third party, or

(b) the student who received the contribution to costs loan.

(2) An overpayment of a contribution to costs loan may be recovered from a student under paragraph (1)(b) in whichever one or more of the following ways the Welsh Ministers consider appropriate in all the circumstances—

(a) by subtracting the overpayment from any amount of the contribution to costs loan which remains to be paid;

(b) by subtracting the overpayment from any kind of grant or loan payable to the student from time to time pursuant to regulations made by the Welsh Ministers under section 22 of the 1998 Act;

(c) by requiring the student to repay the contribution to costs loan in accordance with regulations made under section 22 of the 1998 Act;

(d) by taking such other action for the recovery of the overpayment as is available to them.

Commencement Information

I8 Reg. 39 in force at 27.5.2019, see reg. 1(2)

Repayment E+W

40.—(1) The Welsh Ministers may at any time require an applicant or eligible student to enter into an agreement to repay a contribution to costs loan by a particular method.

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

Commencement Information

I9 Reg. 40 in force at 27.5.2019, see reg. 1(2)