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The Assembly Learning Grants and Loans (Higher Education) (Wales) (No.2) Regulations 2008

W.S.I. 2008/3170 · Made 10 December 2008

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

EDUCATION, WALES

Made 10 December 2008

Laid before the National Assembly for Wales 15 December 2008

Coming into force 9 January 2009

The Welsh Ministers, in exercise of the powers conferred upon the Secretary of State by sections 22, 42(6) and 43(1) of the Teaching and Higher Education Act 1998f1, and now exercisable by themf2 make the following Regulations:

Annotations to the whole text

Footnotes

f1

1998 c. 30; section 22 was amended by the Learning and Skills Act 2000 (c. 21), section 146 and Schedule 11, the Income Tax (Earnings and Pensions) Act 2003 (c. 1), Schedule 6, the Finance Act 2003 (c. 14), section 147 and the Higher Education Act 2004 (c. 8), sections 42 and 43 and Schedule 7.

f2

The functions of the Secretary of State under section 22 of the Teaching and Higher Education Act 1998 (except so far as they relate to the making of any provision authorised by subsection (2)(a), (c), (j) or (k), (3)(e) or (f) or (5) of section 22) were transferred to the National Assembly for Wales by section 44 of the Higher Education Act 2004 and the Higher Education Act 2004 (Commencement No. 2 and Transitional Provision) (Wales) Order 2005 (S.I. 2005/1833 (W.149)(C.79)) as amended by the Higher Education Act 2004 (Commencement No. 2 and Transitional Provision) (Wales) (Amendment) Order 2006 (S.I. 2006/1660 (W.159)(C.56)) refers. The functions of the National Assembly for Wales were transferred to the Welsh Ministers by virtue of paragraphs 30(1) and 30(2)(a) of Schedule 11 to the Government of Wales Act 2006 (c. 32).

Contents

  1. Part 1: GENERAL
  2. 1Title, commencement and application
  3. 2Interpretation
  4. 3Revocation, savings and transitional provisions
  5. Part 2: ELIGIBILITY
  6. 4Eligible students
  7. 5Designated courses
  8. 6Period of eligibility
  9. 7Previous study
  10. 8Transfer of status
  11. Part 3: APPLYING FOR SUPPORT AND PROVISION OF INFORMATION
  12. 9Applications for support
  13. 10Time limits
  14. 11Information
  15. Part 4: GRANTS AND LOANS FOR FEES
  16. Chapter 1: GENERAL PROVISION
  17. 12Fee Support Generally
  18. 13Students becoming eligible during the course of an academic year
  19. 14Events
  20. Chapter 2: GRANTS FOR FEES
  21. 15Grants for fees: qualifying conditions for old system eligible students
  22. 16Amount of grants for fees at a publicly funded institution and at a private institution on behalf of a publicly funded institution: old system eligible students
  23. 17Amount of the grant for fees at a private institution: old system eligible students
  24. 18New fee grant
  25. Chapter 3: LOANS FOR FEES
  26. 19General qualifying conditions for loans for fees
  27. 20Fee contribution loans (for old system eligible students)
  28. 21Fee loans: new system eligible students not qualifying for new fee grant
  29. 22Fee loans: Students qualifying for new fee grant
  30. Part 5: GRANTS FOR LIVING COSTS
  31. 23General qualifying conditions for grants for living costs
  32. 24Grants for disabled students' living costs
  33. 25Grants for dependants — general
  34. 26Grants for dependants — adult dependants' grant
  35. 27Grants for dependants — childcare grant
  36. 28Grants for dependants — parents' learning allowance
  37. 29Grants for dependants — calculations
  38. 30Grants for dependants — interpretation
  39. 31Qualifying conditions for the grant for travel
  40. 32Amount of the grant for travel
  41. 33Deductions from the grant for travel
  42. 34Interpretation
  43. 35Higher education grants
  44. 36Maintenance grant
  45. 37Special Support Grant
  46. Part 6: LOANS FOR LIVING COSTS
  47. 38Qualifying conditions for loans for living costs
  48. 39Maximum amount of loans for old system eligible students with full entitlement
  49. 40Maximum amount of loans for new system eligible students with full entitlement
  50. 41Maximum amount of loans for new system eligible students with full entitlement
  51. 42Students with reduced entitlement
  52. 43Students residing with parents
  53. 44Loans for living costs payable in respect of three quarters of the academic year
  54. 45Students falling into more than one category
  55. 46Students becoming eligible during the course of an academic year
  56. 47Increases in maximum amount
  57. 48Deductions from loans for living costs
  58. 49Interpretation of Part 6
  59. Part 7: GENERAL LOAN PROVISIONS
  60. 50Additional amount of loans
  61. 51Interest
  62. Part 8: COLLEGE FEE LOANS
  63. 52Regulation 52
  64. Part 9: FINANCIAL ASSESSMENT
  65. 53Calculation of contribution
  66. 54Application of contribution
  67. Part 10: PAYMENTS
  68. 55Payment of grants or loans for fees
  69. 56Payment of grants for living costs
  70. 57Provision of United Kingdom national insurance number
  71. 58Information requirements
  72. 59Payment of loans for living costs
  73. 60Overpayments
  74. 61Payments — interpretation
  75. Part 11: SUPPORT FOR FULL-TIME DISTANCE LEARNING COURSES
  76. 62Eligible distance learning students
  77. 63Students becoming eligible during the course of the academic year
  78. 64Designated distance learning courses
  79. 65Period of eligibility
  80. 66Support for distance learning courses
  81. 67Amount of support
  82. 68Interpretation of regulation 67
  83. 69Grant for disabled distance learning students' living costs
  84. 70Applications for support
  85. 71Declarations provided by academic authorities
  86. 72Information
  87. 73Transfer of status
  88. 74Conversion of status — eligible students transferring to designated distance learning courses
  89. 75Conversion of status — eligible distance learning students transferring to designated courses
  90. 76Payment of grants for fees
  91. 77Payment of grants for books, travel and other expenditure and grants for disabled distance learning students' living costs
  92. 78Overpayments
  93. Part 12: SUPPORT FOR PART-TIME COURSES
  94. 79Eligible part-time students
  95. 80Designated part-time courses
  96. 81Period of eligibility
  97. 82Support for part-time courses
  98. 83Grants for disabled part-time students' living costs
  99. 84Part-time grants for dependants — general
  100. 85Part-time grants for dependants — general
  101. 86Part-time adult dependants' grant
  102. 87Part-time childcare grant
  103. 88Part-time parents' learning allowance
  104. 89Part-time grants for dependants — initial calculations
  105. 90Part-time grants for dependants — interpretation
  106. 91Part-time grants for dependants — calculation of contribution
  107. 92Part-time grants for dependants — application of contribution
  108. 93Part-time grants for dependants — final calculation
  109. 94Applications for support
  110. 95Assistance with fees in respect of attendance on a course in England, Northern Ireland or Scotland
  111. 96Information and other matters
  112. 97Transfer of status
  113. 98Conversion of status
  114. 99Payment of support to eligible part-time students
  115. 100Payment of support to eligible part-time students
  116. 101Payment of grants for fees
  117. 102Overpayments
  118. Part 13: SUPPORT FOR POSTGRADUATE STUDENTS WITH DISABILITIES
  119. 103Eligible postgraduate students
  120. 104Designated postgraduate courses
  121. 105Period of eligibility
  122. 106Transfer of status
  123. 107Applications for support
  124. 108Information
  125. 109Amount of grant
  126. 110Payment of grant
  127. 111Overpayments
  128. Part 14: AMENDMENT OF THE 2008 REGULATIONS
  129. 112Amendment of the 2008 Regulations
  130. Signature
  131. Schedule 1: Eligible Students
  132. Part 1
  133. 1Interpretation
  134. Part 2: Categories
  135. 2Persons who are settled in the United Kingdom
  136. 3Persons who are settled in the United Kingdom
  137. 4Refugees and their family members
  138. 5Persons with leave to enter or remain and their family members
  139. 6Workers, employed persons, self-employed persons and their family members
  140. 7Workers, employed persons, self-employed persons and their family members
  141. 8Persons who are settled in the United Kingdom and have exercised a right of residence elsewhere
  142. 9EC nationals
  143. 10EC nationals
  144. 11Children of Swiss nationals
  145. 12Children of Turkish workers
  146. Schedule 2: DESIGNATED COURSES
  147. 1Paragraph 1
  148. 2Paragraph 2
  149. 3Paragraph 3
  150. 4Paragraph 4
  151. 5Paragraph 5
  152. 6Paragraph 6
  153. 7Paragraph 7
  154. 8Paragraph 8
  155. Schedule 3: INFORMATION
  156. 1Paragraph 1
  157. 2Paragraph 2
  158. 3Paragraph 3
  159. Schedule 4: COLLEGE FEE LOANS
  160. 1Availability of college fee loans
  161. 2Availability of college fee loans
  162. 3Availability of college fee loans
  163. 4Disabled students
  164. 5Students becoming eligible during the course of an academic year
  165. 6Students becoming eligible during the course of an academic year
  166. 7Students becoming eligible during the course of an academic year
  167. 8Students becoming eligible during the course of an academic year
  168. 9Students becoming eligible during the course of an academic year
  169. 10Students becoming eligible during the course of an academic year
  170. 11Amount of the college fee loan
  171. 12Transfers
  172. 13Payment
  173. 14Conditions of entitlement to payment of college fee loan
  174. 15Information requirements
  175. 16Overpayment
  176. Schedule 5: FINANCIAL ASSESSMENT
  177. 1Definitions
  178. 2Independent eligible student
  179. 3Household income
  180. 4Calculation of eligible student’s residual income
  181. 5Calculation of parent’s residual income
  182. 6Calculation of eligible student’s partner’s residual income
  183. 7Calculation of parent’s partner’s residual income
  184. 8Calculation of contribution — old system eligible students
  185. 9Calculation of contribution — new system eligible students
  186. 10Split contributions
  187. Schedule 6: FINANCIAL ASSESSMENT — PART-TIME GRANTS FOR DEPENDANTS
  188. 1Definitions
  189. 2Household income
  190. 3Calculation of eligible part-time student’s residual income
  191. 4Calculation of eligible part-time student’s partner’s residual income
  192. 5Calculation of contribution
  193. 6Split contributions
  194. Explanatory note