The Education (Student Support) (Wales) Regulations 2013

Document Number:2013 No. 3177 (W. 316)
Coming into force:Coming into force on the 10/01/2014
 
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Welsh Statutory Instruments

Education, Wales

Made

12 December 2013

Laid before the National Assembly for Wales

16 December 2013

Coming into force

10 th January 2014

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 1998(1) , and now exercisable by them(2) make the following Regulations:

PART 1 GENERAL

Title, commencement and application

  1. (1) The title of these Regulations is the Education (Student Support) (Wales) Regulations 2013.

    (2) These Regulations come into force on 10 January 2014 and apply in relation to Wales.

    Interpretation

  2. (1) In these Regulations, except where the context otherwise requires—

    “the 1962 Act” (“Deddf 1962”) means the Education Act 1962(3);

    “the 1998 Act” (“Deddf 1998”) means the Teaching and Higher Education Act 1998;

    “the 1998 Regulations” (“Rheoliadau 1998”) means the Education (Student Support) Regulations 1998(4);

    “the 1999 Regulations” (“Rheoliadau 1999”) means the Education (Student Support) Regulations 1999(5);

    “the 2000 Regulations” (“Rheoliadau 2000”) means the Education (Student Support) Regulations 2000(6);

    “the 2001 Regulations” (“Rheoliadau 2001”) means the Education (Student Support) Regulations 2001(7);

    “the 2002 Regulations” (“Rheoliadau 2002”) means the Education (Student Support) Regulations 2002(8);

    “the 2003 Regulations” (“Rheoliadau 2003”) means the Education (Student Support) (No. 2) Regulations 2002 as amended(9);

    “the 2004 Regulations” (“Rheoliadau 2004”) means the 2003 Regulations as further amended(10);

    “the 2005 Regulations” (“Rheoliadau 2005”) means the Education (Student Support) Regulations 2005(11);

    “the 2006 Regulations” (“Rheoliadau 2006”) means the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2006(12);

    “the 2007 Regulations” (“Rheoliadau 2007”) means the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2007(13);

    “the 2008 Regulations” (“Rheoliadau 2008”) means the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2008(14);

    “the 2008 (No. 2) Regulations” (“Rheoliadau (Rhif 2) 2008”) means the Assembly Learning Grants and Loans (Higher Education) (Wales) (No. 2) Regulations 2008(15);

    “the 2009 Regulations” (“Rheoliadau 2009”) means the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2009(16);

    “the 2011 Regulations” (“Rheoliadau 2011”) means the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2011(17);

    “the 2011 (No. 2) Regulations” (“Rheoliadau (Rhif 2) 2011”) means the Assembly Learning Grants and Loans (Higher Education) (Wales) (No.2) Regulations 2011(18);

    “the 2012 Regulations” (“Rheoliadau 2012”) means the Education (Student Support) (Wales) Regulations 2012(19);

    “2006 gap year student” (“myfyriwr blwyddyn i ffwrdd 2006”) has the meaning given in paragraph (2);

    “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 2010 gap year student;

    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—

    1 September 2010; or

    1 September 2011 and in relation to which the student is a 2010 gap year student; or

    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—

    1 September 2010; or

    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 (12);

    “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 2011 gap year student;

    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—

    the student started before 1 September 2011; or

    the student started before 1 September 2012 and in relation to which the student is a 2011 gap year student; or

    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—

    before 1 September 2011; or

    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 (16);

    “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—

    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

    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

    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 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;

    “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—

    the standard of which is not higher than a first degree course and which leads to a qualification as a medical doctor or dentist;

    where a first degree or equivalent qualification would normally be required for entry to the course;

    which begins on or after 1 September 2012; and

    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 27;

    “adult dependants’ grant” (“grant dibynyddion mewn oed”) means the grant payable under regulation 31;

    “applicant” (“ceisydd”) means, in relation to a person who applies for support payable under these Regulations to an eligible—

    student, a person who makes an application under regulation 9;

    distance learning student, a person who makes an application under regulation 84;

    part-time student, a person who makes an application under regulation 111; and

    postgraduate student, a person who makes an application under regulation 127;

    “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 32;

    “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—

    is undertaking a compressed degree course in the United Kingdom ( the “course”);

    either—

    began the course on or after 1 September 2006 and is continuing on that course after 31 August 2013; or

    begins the course on or after 1 September 2013; and

    either—

    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

    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;

    “contribution” (“cyfraniad”) means in relation to—

    an eligible student, the student’s contribution calculated pursuant to regulation 66...

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