The Assembly Learning Grants and Loans (Higher Education) (Wales) (Amendment) Regulations 2007

PART 2AMENDMENTS TO THE 2006 REGULATIONS

5.  In regulation 2(1)—

(a)in the appropriate place in the alphabetical order insert—

““compressed degree course” (“cwrs gradd cywasgedig”) means a course determined in accordance with paragraph (1A);

“compressed degree student” (“myfyriwr cwrs gradd cywasgedig”) means an eligible student who—

(b)in the appropriate place in the alphabetical order, insert—

“intensive course” (“cwrs dwys”) means an accelerated course or a compressed degree course;”;

“Turkish Worker” (“Gweithiwr o Dwrci”) means a Turkish national who—

6.  After regulation 2(1), insert—

““(1A) the Secretary of State may determine that a course is a compressed degree course, if in his opinion, that course is—

(a)a course for a first degree (other than a foundation degree);

(b)a full-time course designated under regulation 5(1); and

(c)of two academic years' duration.”.

7.  In regulation 7(5), after “attended”, insert “or, in the case of a compressed degree course, undertook in the United Kingdom”.

8.  For regulation 8(2) substitute—

“(2) The grounds for transfer are —

(a)on the recommendation of the academic authority the eligible student starts to—

(i)attend another designated course at the institution;

(ii)undertake another compressed degree course in the United Kingdom at the institution; or

(iii)undertake a compressed degree course in the United Kingdom at the institution.

(b)the eligible student starts to—

(i)attend a designated course at another institution; or

(ii)undertake a compressed degree course in the United Kingdom at another institution;

(c)after starting a course for the Certificate in Education, the eligible student is, on or before the completion of that course, admitted to a designated course for the degree of Bachelor of Education either at the same institution or at another institution;

(d)after starting a course for the degree (other than an honours degree) of Bachelor of Education, the eligible student is, on or before the completion of that course, admitted to a designated course for the honours degree of Bachelor of Education either at the same institution or another institution; or

(e)after starting a course for a first degree (other than an honours degree) the eligible student is, before the completion of that course, admitted to a designated course for an honours degree in the same subject or subjects at the institution.”.

9.  After regulation 10(2)(e), insert—

“(ea)the applicant is a person mentioned in paragraph 12 of Part 2 of Schedule 1, in which case the application must reach the Welsh Ministers by 3 March 2008 or within a period of nine months beginning with the first day of the academic year in respect of which it is submitted, whichever is the later;”.

10.  After regulation 11A(2) insert —

“(3) A student to whom this regulation applies is treated as if he or she were in attendance on the designated course for the purpose of qualifying for fee support.

(4) This regulation applies to—

(a)a compressed degree student;

(b)a disabled student who—

(i)is not a compressed degree student; and

(ii)is undertaking a designated course in the United Kingdom but is not in attendance because he or she is unable to attend for a reason which relates to his or her disability.”

11.  After regulation 11C(e), insert—

“(ea)the student becomes the child of a Turkish worker;”.

12.  After regulation 18(8)(d), insert—

“(da)the student becomes the child of a Turkish worker;”.

13.  After regulation 18(8), insert—

“(9) A student to whom this paragraph applies is treated as if he or she were in attendance on the designated course for the purpose of qualifying for the following grants—

(a)grants for dependants;

(b)maintenance grant or special support grant;

(c)higher education grant.

(10) Paragraph (9) applies to —

(a)a compressed degree student;

(b)a disabled student who—

(i)is not a compressed degree student; and

(ii)is undertaking a designated course in the United Kingdom but is not in attendance because he or she is unable to attend for a reason which relates to his or her disability.”

14.  After regulation 31(3), insert—

“(4) A student to whom this paragraph applies is treated as if he or she were in attendance on the designated course for the purpose of qualifying for the loan for living costs.

(5) Paragraph (4) applies to —

(a)a compressed degree student; and

(b)a disabled student who—

(i)is not a compressed degree student; and

(ii)is undertaking a designated course in the United Kingdom but is not in attendance because he or she is unable to attend for a reason which relates to his or her disability.”

15.  In regulation 32 for “an accelerated course” in each place it occurs, substitute “an intensive course”.

16.  In regulation 33 for “an accelerated course” in each place it occurs, substitute “an intensive course”.

17.  In regulation 35 for “an accelerated course” in each place it occurs, substitute “an intensive course”.

18.  For regulation 37, substitute—

“(1) Subject to regulation 39, the loan for living costs is payable in respect of three quarters of the academic year.

(2) The loan for living costs is not payable -

(a)in the case of a compressed degree student, in respect of the quarter nominated by the Welsh Ministers;

(b)in any other case, in respect of the quarter in which, in the opinion of the Welsh Ministers, the longest of any vacation occurs.”

19.  After regulation 39(2)(d) insert—

“(da)the student becomes the child of a Turkish worker;”.

20.  After regulation 46(4)(e), insert—

“(f)GFF is the amount, if any, of grant for fees for which the eligible student qualifies under Part 4”.

21.  In regulation 46(6) for “an accelerated course”, substitute “an intensive course”.

22.  In regulation 50, after paragraph 14(f), insert—

“(fa)the student becomes the child of a Turkish worker;”.

23.  After regulation 55(3)(b), insert—

“(ba)the applicant is a person mentioned in paragraph 12 of Part 2 of Schedule 1, in which case the application must reach the Welsh Ministers by 1 December 2007 or within a period of six months beginning with the first day of the academic year in respect of which it is submitted, whichever is the later;”.

24.  After regulation 62(12), insert—

“(13) Where one of the events listed in paragraph (14) occurs in the course of an academic year-

(a)a student may qualify for a grant under this Part in respect of that academic year in accordance with this Part; and

(b)a grant of the kind available under this Part is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.

(14) The events are—

(a)the student’s course becomes a designated postgraduate course;

(b)the student, his or her spouse, his or her civil partner or his or her parent is recognised as a refugee or becomes a person with leave to enter or remain as defined in Part 1 of Schedule 1;

(c)the state of which the student is a national accedes to the European Community where the student has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the first academic year of the course;

(d)the student acquires the right of permanent residence as defined in Part 1 of Schedule 1;

(e)the student becomes the child of a Turkish worker;

(f)the student becomes a person described in paragraph 6(1)(a) of Schedule 1; or

(g)the student becomes a child of the Swiss national.

25.  In Schedule 1—

(a)for paragraph 1(4), substitute—

“(4) For the purposes of this Schedule, a person is to be treated as ordinarily resident in Wales, the United Kingdom and Islands, the territory comprising the European Economic Area and Switzerland or the territory comprising the European Economic Area, Switzerland and Turkey if he or she would have been so resident but for the fact that—

(a)he or she;

(b)his or her spouse or civil partner;

(c)his or her parent; or

(d)in the case of a dependent direct relative in the ascending line, his or her child or his or her child’s spouse or civil partner,

is or was temporarily employed outside the area in question.”;

(b)for paragraph 1(5), substitute—

“(5) For the purposes of sub-paragraph (4), temporary employment outside of Wales, the United Kingdom and Islands, the territory comprising the European Economic Area and Switzerland or the territory comprising the European Economic Area, Switzerland and Turkey includes—

(a)in the case of members of the regular naval, military or air forces of the Crown, any period which they serve outside the United Kingdom as members of such forces;

(b)in the case of members of the regular armed forces of an EEA State or Switzerland, any period which they serve outside of the territory comprising the European Economic Area and Switzerland as members of such forces; and

(c)in the case of members of the regular armed forces of Turkey, any period which they serve outside of the territory comprising the European Economic Area, Switzerland and Turkey as members of such forces.”;

(c)after paragraph 11, insert—

“Children of Turkish workers

“12.  A person who—

(a)is the child of a Turkish worker;

(b)is ordinarily resident in Wales on the first day of the first academic year of the course; and

(c)has been ordinarily resident in the territory comprising the European Economic Area, Switzerland and Turkey throughout the three-year period preceding the first day of the first academic year of the course.”.

26.  After paragraph 8(d) of Schedule 3A, insert-

“(da)the student becomes the child of a Turkish worker;”.