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The Education (Student Support) (Wales) Regulations 2012 (revoked)

W.S.I. 2012/3097 · Made 12 December 2012 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 17 February 2017.

EDUCATION, WALES

Made 12 December 2012

Laid before the National Assembly for Wales 14 December 2012

Coming into force 4 January 2013

The Welsh Ministers, in exercise of the powers conferred upon the Secretary of State by sections 22 and 42(6) of the Teaching and Higher Education Act 1998f1, and now exercisable by themf2 make the following Regulations:C1

Annotations to the whole text

Textual amendments

F1

Regulations revoked (1.9.2014) by The Education (Student Support) (Wales) Regulations 2013 (S.I. 2013/3177), regs. 1(2), 3(1) (with savings in reg. 3(2)-(18))

Modifications

C1

Regulations continued (17.2.2017) by The Education (Student Support) (Wales) Regulations 2017 (S.I. 2017/47), regs. 1(2), 3(12) (with regs. 1(3), 3(16)) (as amended (12.3.2018) by S.I. 2018/191, regs. 1(2), 2, 100, Sch. 6 paras. 2-4)

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, the Higher Education Act 2004 (c. 8), sections 42 and 43 and Schedule 7 and the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), section 257. See section 43(1) of the Teaching and Higher Education Act 1998 for the definition of “prescribed” and “regulations”.

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)). The functions of the National Assembly for Wales were transferred to the Welsh Ministers by virtue of paragraphs 30(1) and 30(2)(c) 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. 12Requirement to enter into a contract for a loan
  16. Part 4: GRANTS AND LOANS FOR FEES
  17. GENERAL PROVISION
  18. 13Fee Support Generally
  19. 14Students becoming eligible during the course of an academic year
  20. 15Events
  21. GRANTS FOR FEES
  22. 16Grants for fees: qualifying conditions for old system eligible students
  23. 17Amount 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
  24. 18Amount of the grant for fees at a private institution (not on behalf of a publicly funded institution): old system eligible students
  25. 19Fee grant
  26. 20New fee grant
  27. FEE CONTRIBUTION LOANS AND FEE LOANS
  28. 21General qualifying conditions for fee contribution loans and fee loans
  29. 22Fee contribution loans (for old system eligible students)
  30. 23Fee loans in respect of courses beginning before 1 September 2012: new system eligible students not qualifying for a fee grant
  31. 24Fee loans in respect of courses beginning before 1 September 2012: new system eligible students qualifying for a fee grant
  32. 25New fee loan in respect of courses beginning on or after 1 September 2012
  33. 26New private institution fee loan
  34. 27Accelerated graduate entry fee loan
  35. Part 5: GRANTS FOR LIVING COSTS
  36. 28General qualifying conditions for grants for living costs
  37. 29Grants for disabled students' living costs
  38. 30Grants for dependants — general
  39. 31Grants for dependants — adult dependants' grant
  40. 32Grants for dependants — childcare grant
  41. 33Grants for dependants — parents' learning allowance
  42. 34Grants for dependants — calculations
  43. 35Grants for dependants — interpretation
  44. 36Interpretation of regulations 37 to 39
  45. 37Qualifying conditions for the grant for travel
  46. 38Amount of the grant for travel
  47. 39Deductions from the grant for travel
  48. 40Higher education grants
  49. 41Maintenance grant
  50. 42Maintenance grant — new system eligible students who are not new cohort students
  51. 43Maintenance grant — new system eligible students who are 2010 cohort students or 2012 cohort students
  52. 44Maintenance grant — new system eligible students who are 2011 cohort students
  53. 45Special support grant
  54. 46Special support grant — new system eligible students who are not new cohort students
  55. 47Special support grant — new system eligible students who are 2010 cohort students or 2012 cohort students
  56. 48Special support grant — new system eligible students who are 2011 cohort students
  57. Part 6: LOANS FOR LIVING COSTS
  58. 49Qualifying conditions for loans for living costs
  59. 50General
  60. 51Maximum amount of loans for old system eligible students with full entitlement
  61. 52Maximum amount of loans for new system eligible students with full entitlement who are not new cohort students
  62. 53Maximum amount of loans for new system eligible students with full entitlement who are not new cohort students
  63. 54Maximum amount of loans for new system eligible students with full entitlement who are 2010 cohort students, 2012 cohort students or 2012 accelerated graduate entry students undertaking their first year of study
  64. 55Maximum amount of loans for new system eligible students with full entitlement who are 2011 cohort students
  65. 56Students with reduced entitlement
  66. 57Students residing with parents
  67. 58Loans for living costs payable in respect of three quarters of the academic year
  68. 59Students falling into more than one category
  69. 60Students becoming eligible during the course of an academic year
  70. 61Increases in maximum amount
  71. 62Deductions from loans for living costs
  72. 63Interpretation of Part 6
  73. Part 7: GENERAL LOAN PROVISIONS
  74. 64Additional amount of loans
  75. Part 8: COLLEGE FEE LOANS
  76. 65College fee loans
  77. Part 9: FINANCIAL ASSESSMENT
  78. 66Calculation of contribution
  79. 67Application of contribution
  80. Part 10: PAYMENTS
  81. 68Payment of grants or loans for fees for old system eligible students
  82. 69Payment of grants or loans for fees for new system eligible students
  83. 70Payment of grants for living costs
  84. 71Provision of United Kingdom national insurance number
  85. 72Information requirements
  86. 73Payment of loans for living costs
  87. 74Overpayments
  88. 75Payments — interpretation
  89. Part 11: SUPPORT FOR FULL-TIME DISTANCE LEARNING COURSES
  90. 76Eligible distance learning students
  91. 77Students becoming eligible during the course of the academic year
  92. 78Designated distance learning courses
  93. 79Period of eligibility
  94. 80Support for distance learning courses
  95. 81Amount of support
  96. 82Interpretation of regulation 81
  97. 83Grant for disabled distance learning students' living costs
  98. 84Applications for support
  99. 85Declarations provided by academic authorities
  100. 86Information
  101. 87Transfer of status
  102. 88Conversion of status — eligible students transferring to designated distance learning courses
  103. 89Conversion of status — eligible distance learning students transferring to designated courses
  104. 90Payment of grants for fees
  105. 91Payment of grants for books, travel and other expenditure and grants for disabled distance learning students' living costs
  106. 92Overpayments
  107. Part 12: SUPPORT FOR PART-TIME COURSES
  108. 93Eligible part-time students
  109. 94Students becoming eligible during the course of the academic year
  110. 95Designated part-time courses
  111. 96Period of eligibility
  112. 97Support for part-time courses (fee grant and grant for books, travel and other expenditure)
  113. 98Grants for disabled part-time students' living costs
  114. 99Part-time grants for dependants — general
  115. 100Part-time grants for dependants — general
  116. 101Part-time adult dependants' grant
  117. 102Part-time childcare grant
  118. 103Part-time parents' learning allowance
  119. 104Part-time grants for dependants — initial calculations
  120. 105Part-time grants for dependants — interpretation
  121. 106Part-time grants for dependants — calculation of contribution
  122. 107Part-time grants for dependants — application of contribution
  123. 108Part-time grants for dependants — final calculation
  124. 109Applications for support
  125. 110Assistance with fees in respect of attendance on a course in England, Northern Ireland or Scotland
  126. 111Information and other matters
  127. 112Transfer of status
  128. 113Conversion of status
  129. 114Payment of support to eligible part-time students
  130. 115Payment of support to eligible part-time students
  131. 116Interpretation of regulation 115
  132. 117Payment of grants for fees
  133. 118Overpayments
  134. Part 13: SUPPORT FOR POSTGRADUATE STUDENTS WITH DISABILITIES
  135. 119Eligible postgraduate students
  136. 120Students becoming eligible during the course of the academic year
  137. 121Designated postgraduate courses
  138. 122Period of eligibility
  139. 123Transfer of status
  140. 124Applications for support
  141. 125Information
  142. 126Amount of grant
  143. 127Payment of grant
  144. 128Overpayments
  145. Part 14: AMENDMENT OF THE 2011 (No. 2) REGULATIONS
  146. 129Amendment of the 2011 (No. 2) Regulations
  147. Signature
  148. Schedule 1: Eligible Students
  149. Part 1
  150. 1Interpretation
  151. Part 2: Categories
  152. 2Persons who are settled in the United Kingdom
  153. 3Persons who are settled in the United Kingdom
  154. 4Refugees and their family members
  155. 5Persons with leave to enter or remain and their family members
  156. 6Workers, employed persons, self-employed persons and their family members
  157. 7Workers, employed persons, self-employed persons and their family members
  158. 8Persons who are settled in the United Kingdom and have exercised a right of residence elsewhere
  159. 9EU nationals
  160. 10EU nationals
  161. 11Children of Swiss nationals
  162. 12Children of Turkish workers
  163. Schedule 2: DESIGNATED COURSES
  164. 1Paragraph 1
  165. 2Paragraph 2
  166. 3Paragraph 3
  167. 4Paragraph 4
  168. 5Paragraph 5
  169. 6Paragraph 6
  170. 7Paragraph 7
  171. 8Paragraph 8
  172. Schedule 3: INFORMATION
  173. 1Paragraph 1
  174. 2Paragraph 2
  175. 3Paragraph 3
  176. Schedule 4: COLLEGE FEE LOANS
  177. 1Availability of college fee loans
  178. 2Availability of college fee loans
  179. 3Availability of college fee loans
  180. 4Disabled students
  181. 5Students becoming eligible during the course of an academic year
  182. 6Students becoming eligible during the course of an academic year
  183. 7Students becoming eligible during the course of an academic year
  184. 8Students becoming eligible during the course of an academic year
  185. 9Students becoming eligible during the course of an academic year
  186. 10Amount of the college fee loan
  187. 11Transfers
  188. 12Payment
  189. 13Conditions of entitlement to payment of college fee loan
  190. 14Information requirements
  191. 15Overpayment
  192. Schedule 5: FINANCIAL ASSESSMENT
  193. 1Definitions
  194. 2Independent eligible student
  195. 3Household income
  196. 4Calculation of eligible student’s residual income
  197. 5Calculation of parent’s residual income
  198. 6Calculation of eligible student’s partner’s residual income
  199. 7Calculation of parent’s partner’s residual income
  200. 8Calculation of contribution — old system eligible students
  201. 9Calculation of contribution — new system eligible students
  202. 10Split contributions
  203. Schedule 6: FINANCIAL ASSESSMENT — PART-TIME GRANTS FOR DEPENDANTS
  204. 1Definitions
  205. 2Household income
  206. 3Calculation of eligible part-time student’s residual income
  207. 4Calculation of eligible part-time student’s partner’s residual income
  208. 5Calculation of contribution
  209. 6Split contributions
  210. Explanatory note