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Statutory Instruments made by the National Assembly for Wales


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URL: http://www.bailii.org/wales/legis/num_reg/2007/20072313e.html

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WELSH STATUTORY INSTRUMENTS


2007 No. 2313 (W.184)

EDUCATION, WALES

The Assembly Learning Grants (European Institutions) (Wales) Regulations 2007

  Made 4 August 2007 
  Laid before the National Assembly for Wales 7 August 2007 
  Coming into force 31 August 2007 

The Welsh Ministers, in exercise of the powers conferred upon the National Assembly for Wales by sections 22, 42(6) and 43(1) of the Teaching and Higher Education Act 1998[1], and now exercisable by them[2] make the following Regulations:



PART 1

GENERAL

Title, commencement, application and interpretation
     1. The title of these Regulations is the Assembly Learning Grants (European Institutions) (Wales) Regulations 2007 and they come into force on 31 August 2007.

    
2. These Regulations apply in relation to Wales.

    
3. —(1) In these Regulations—

Amendment of the Assembly Learning Grants (European Institutions) (Wales) Regulations 2006
     4. The 2006 Regulations are amended in accordance with Schedule 1.

Revocation and saving provisions
    
5. Subject to regulations 6 and 7, the Assembly Learning Grants (European Institutions) (Wales) Regulations 2006 are revoked in relation to Wales.

    
6. Regulation 5 of the 2006 Regulations continues to apply.

    
7. The 2006 Regulations are to continue to apply in relation to Wales in respect of an academic year beginning on or after 1 September 2006 but before 1 September 2007 and in respect of an academic year beginning on or after 1 September 2005 but before 1 September 2006 so far as the 2006 Regulations relate to an academic year beginning in that period.

    
8. These Regulations apply in relation to the provision of support to students in relation to an academic year which begins on or after 1 September 2007 whether anything done under these Regulations is done before, on or after 1 September 2007.



PART 2

APPLYING FOR SUPPORT AND ELIGIBILITY

Applications
    
9. —(1) Unless a person seeking support under these Regulations is already an eligible student by virtue of regulation 10(10), he or she must submit an application to be considered as an eligible student and an application for support in such form as the Welsh Ministers may require to the relevant European institution by the application deadline.

    (2) Where a person seeking support under these Regulations is already an eligible student by virtue of regulation 10(10), he or she must notify the Welsh Ministers in writing by the application deadline that he or she wishes to apply for support under these Regulations.

    (3) The application deadline is—

    (4) The Welsh Ministers may extend the application deadline if they consider that the circumstances of the case warrant it.

Eligible students
    
10. —(1) An eligible student qualifies for financial support in connection with his or her attendance on a designated course subject to and in accordance with these Regulations.

    (2) Subject to paragraphs (4) and (8), a person is an eligible student in connection with a designated course at the College of Europe or the European University Institute if—

    (3) Subject to paragraphs (4) and (8), a person is an eligible student in connection with a designated course at the Bologna Center if—

    (4) A person is not an eligible student if—

    (5) Paragraph (4)(a) does not apply where the person has attended a qualifying course but the Welsh Ministers have determined that having regard to the particular circumstances of that person's case it is appropriate to pay him or her support in connection with the current course.

    (6) For the purposes of paragraph (4)(b) and (c), "loan" means a loan made under the student loans legislation.

    (7) In a case where the agreement for a loan is subject to the law of Scotland, paragraph (4)(c) only applies if the agreement was made—

    (8) Subject to paragraph (9), the number of eligible students must not exceed—

    (9) The maximum number of eligible students specified for a European Institution in sub-paragraph (8) may be exceeded if, in the Welsh Ministers' opinion, it is necessary to do so to allow a person falling within paragraph 12 of Part 2 of Schedule 2 to qualify for support for a relevant academic year.

    (10) For the purposes of sub-paragraph (9), "relevant academic year" means an academic year beginning on or after 1 September 2007 but on or before 31 August 2008.

    (11) An eligible student in respect of whom the first academic year of the course begins on or after 1 September 2000 shall not, at any one time, qualify for support for more than one designated course.

    (12) Despite paragraphs (2) to (4) and subject to paragraphs (8), (13) and (14), a person is an eligible student in connection with a designated course at a European Institution if—

    (13) Where—

A's status as an eligible student terminates on the day before the first day of the academic year in respect of which he or she is applying for support.

    (14) Where—

A's status as an eligible student terminates on the day before the first day of the academic year in respect of which he or she is applying for support.

    (15) Paragraphs (13) and (14) do not apply where the student began the course in connection with which the Welsh Ministers determined that he or she was an eligible student before 1 September 2007.

    (16) The Welsh Ministers may take such steps and make such inquiries as they consider necessary to determine whether a person is an eligible student.

    (17) The Welsh Ministers must inform a person who has been notified to them under paragraph (2)(a) or nominated under paragraph (3)(a) whether he or she qualifies as an eligible student.

    (18) A person who has received notification from the Welsh Ministers under paragraph (11) that he or she is an eligible student in connection with a course at the College of Europe or the European University Institute and a person who is an eligible student at the College of Europe or the European University Institute by virtue of paragraph (12) must, by the deadline for receipt of financial information, provide the Welsh Ministers with any information or documentation that they request in order to determine the amount of support payable under these Regulations in respect of the academic year.

    (19) The deadline for receipt of financial information is—

    (20) The Welsh Ministers must notify an eligible student of the amount of support payable in respect the academic year, if any.

Designated courses
    
11. A course is designated for the purposes of section 22(1) of the 1998 Act and regulation 10 if it is—

Period of eligibility
    
12. —(1) Subject to the following paragraphs, a student's status as an eligible student in connection with a designated course will terminate at the end of the academic year in which the relevant European institution would ordinarily expect the student to complete the course ("period of eligibility").

    (2) The student's period of eligibility terminates when the student—

    (3) The Welsh Ministers may terminate the student's period of eligibility if they are satisfied that the conduct of the student has shown that he or she is unfitted to receive support.

    (4) Where the student's period of eligibility will terminate before the end of the academic year in which the student will actually complete the course, the Welsh Ministers may, at any time, extend or renew the period of eligibility for such period as they determine.

    (5) If the Welsh Ministers are satisfied that an eligible student has failed to comply with any requirement to provide information under these Regulations or has provided information which is inaccurate in a material particular, the Welsh Ministers may do one or more of the following—

Transfer of eligibility
    
13. —(1) Where an eligible student transfers to another designated course at the same European institution, the Welsh Ministers must transfer the student's status as an eligible student where—

    (2) An eligible student who transfers under paragraph (1) is to receive in connection with the academic year of the course to which he or she transfers the remainder of the support assessed by the Welsh Ministers in respect of the academic year of the course from which he or she transfers.

    (3) An eligible student who transfers under paragraph (1) after the Welsh Ministers have assessed support in connection with the academic year of the course from which the student is transferring but before the student completes that year may not, in connection with the academic year of the course to which he or she transfers, apply for another grant of a kind that he or she has already applied for under these Regulations in connection with the academic year of the course from which he or she is transferring.



PART 3

PROVISION OF INFORMATION

Information
    
14. Every applicant and eligible student must, as soon as reasonably practicable after he or she is requested to do so, provide the Welsh Ministers with such information as the Welsh Ministers consider they require for the purposes of these Regulations.

    
15. Every applicant and eligible student must immediately inform the Welsh Ministers and provide the Welsh Ministers with particulars if—

     16. Information provided to the Welsh Ministers pursuant to these Regulations must be in the format required by the Welsh Ministers and, if the Welsh Ministers require the information to be signed by the person providing it, an electronic signature in such form as they may specify satisfies this requirement.



PART 4

FINANCIAL SUPPORT

General
    
17. —(1) Subject to paragraph (2), the general rule is that—

    (2) If the academic year in respect of which the eligible student has applied for support is a year of repeat study the Welsh Ministers may determine that—

    (3) In determining whether an eligible student should not qualify for some or any support in accordance with paragraph (2) the Welsh Ministers must have regard to the circumstances of the case and in particular the reasons for which the student has been required to repeat an academic year.

    (4) For the purposes of this regulation, "year of repeat study" means an academic year which the student has previously attended but is required by the relevant European institution to attend again.



CHAPTER 1

GRANTS FOR FEES FOR BOLOGNA CENTER STUDENTS

Grant for fees
    
18. —(1) A Bologna Center student qualifies for a grant for fees in respect of an academic year of the current course calculated in accordance with paragraph (2).

    (2) Subject to paragraph (3), the amount of grant for fees payable in respect of an academic year is the aggregate amount of fees payable by the student in respect of, or otherwise in connection with, his or her attendance on the course during that academic year.

    (3) Despite paragraph (2), the grant for fees payable under this regulation is not to exceed 25,580 euro.



CHAPTER 2

GRANTS FOR COLLEGE OF EUROPE STUDENTS

Grant for fees
    
19. —(1) A College of Europe student qualifies for a grant for fees in respect of an academic year of the current course calculated in accordance with paragraph (2).

    (2) Subject to paragraph (3), the amount of grant for fees payable in respect of an academic year is the aggregate amount of fees payable by the student in respect of, or otherwise in connection with, his or her attendance on the current course during that academic year.

    (3) The maximum amount of grant for fees is 10,800 euro.

Grants for living and other costs
    
20. —(1) Subject to paragraph (2), a College of Europe student qualifies in respect of an academic year for the grants for living and other costs specified in and calculated in accordance with paragraphs (3) to (7).

    (2) A College of Europe student does not qualify for any of the grants payable under this regulation if paragraph 9 of Part 2 of Schedule 2 is the only paragraph of Part 2 of that Schedule into which the student falls.

    (3) A College of Europe student qualifies for a grant for living costs of an amount equal to the sum of (A + B) where—

    (4) A College of Europe student qualifies for a grant for board and lodging of 6,000 euro.

    (5) A College of Europe student qualifies for a grant for travel home of an amount equal to (A − B) where—

    (6) A College of Europe student qualifies for a grant for college travel of such amount as the Welsh Ministers determine to be the reasonable cost of travel from the student's residence whilst attending the College of Europe to the College of Europe.

    (7) Subject to the prior agreement of the Welsh Ministers before costs are incurred, a College of Europe student qualifies for a grant for research travel of such amount as the Welsh Ministers determine to be the reasonable cost of travel incurred for the purposes of completing periods of research authorised by the College of Europe during the academic year in respect of which support is being applied for.

    
21. A deduction may be made in accordance with Part 5 from the amount payable in respect of any of the grants calculated in accordance with regulation 20.



CHAPTER 3

GRANTS FOR EUROPEAN UNIVERSITY INSTITUTE STUDENTS

Grants for living and other costs
    
22. —(1) Subject to paragraphs (2) and (3), a European University Institute student qualifies in respect of an academic year for the grants for living and other costs specified in and calculated in accordance with paragraphs (3) to (7).

    (2) A European University Institute student does not qualify for any of the grants payable under this regulation if paragraph 9 of Part 2 of Schedule 2 is the only paragraph of Part 2 of that Schedule into which the student falls.

    (3) A European University Institute student qualifies for a grant for living costs of 13,000 euro.

    (4) A European University Institute student qualifies for a grant for travel home of the amount determined by the Welsh Ministers to be the reasonable cost of one return journey from the student's home address to the European University Institute;

    (5) A European University Institute student qualifies for a grant for college travel of the amount determined by the Welsh Ministers to be the reasonable cost of travel from the student's residence whilst attending the European University Institute to the European University Institute.

    (6) Subject to the prior agreement of the Welsh Ministers before costs are incurred, a European University Institute student qualifies for a grant for research travel of the amount determined by the Welsh Ministers to be the reasonable cost of travel incurred for the purposes of completing periods of research authorised by the European University Institute during the academic year in respect of which support is being applied for.

    (7) A European University Institute student qualifies for a grant for medical insurance of the amount determined by the Welsh Ministers to be the reasonable cost of insuring the student against liability for the cost of medical treatment provided outside the United Kingdom where the ordinary duration of the course is more than one academic year.

    
23. A deduction may be made in accordance with Part 5 from the amount payable in respect of any of the grants calculated under paragraphs (4) to (6) of regulation 22.



CHAPTER 4

SUPPLEMENTARY GRANTS

Disabled students' allowance
    
24. —(1) Subject to paragraph (2), a College of Europe student or a European University Institute student qualifies for a disabled students' allowance to assist with the additional expenditure which the Welsh Ministers are satisfied that the student is obliged to incur by reason of a disability to which he or she is subject in respect of his or her attendance at a designated course.

    (2) A College of Europe student or a European University Institute student does not qualify for a disabled students' allowance if paragraph 9 of Part 2 of Schedule 2 is the only paragraph of Part 2 of that Schedule into which the student falls.

Amount of disabled students' allowance
    
25. —(1) Subject to paragraph (2), the amount of the disabled student's allowance is the amount that the Welsh Ministers consider appropriate in accordance with the student's circumstances to assist with one or more types of eligible expenditure.

    (2) The amount of disabled students' allowance must not exceed £5,915 in respect of an academic year.

    (3) The "types of eligible expenditure" are—

Grant for dependants
    
26. —(1) The grant for dependants consists of the following elements—

    (2) The qualifying conditions for each element and the amounts payable are set out in regulations 27 to 31.

Adult dependants' grant
    
27. —(1) Subject to paragraph (3), a College of Europe Student or a European University Institute student qualifies for an adult dependants' grant in connection with his or her attendance on a designated course in accordance with this regulation.

    (2) The adult dependants' grant is available in respect of a dependant of an eligible student who is either—

    (3) A College of Europe student or a European University Institute student does not qualify for the grant payable under this regulation if paragraph 9 of Part 2 of Schedule 2 is the only paragraph of Part 2 of that Schedule into which the student falls.

    
28. The amount of adult dependants' grant payable in respect of an academic year is calculated in accordance with regulation 30, the basic amount being—

Parents' learning allowance
    
29. —(1) Subject to paragraph (2), a College of Europe student or a European University Institute student qualifies in connection with his or her attendance on a designated course for the parents' learning allowance if he or she has one or more dependent children.

    (2) A College of Europe student or a European University Institute student does not qualify for the grant payable under this regulation if paragraph 9 of Part 2 of Schedule 2 is the only paragraph of Part 2 of that Schedule into which the student falls.

    (3) The amount of parents' learning allowance payable in respect of an academic year is calculated in accordance with regulation 30, the basic amount being, £1,435.

Calculations
    
30. —(1) Subject to the following paragraphs, the amount payable in respect of a particular element of the grant for dependants for which the College of Europe student or European University Institute student qualifies under regulations 27 to 29 is the amount of that element remaining after applying, until it is extinguished or no element remains payable under regulations 27 to 29, an amount equal to (A − B) as follows and in the following order—

    (2) Subject to paragraphs (4) and (5), where B is greater than or equal to A, the basic amount of each element of the grant for dependants for which the student qualifies is payable.

    (3) Where (A − B) is equal to or exceeds the aggregate of the basic amounts of the elements of the grant for dependants for which the eligible student qualifies, the amount payable in respect of each element is nil.

    (4) The amount of adult dependants' grant calculated under paragraph (1) is reduced by one half where—

    (5) Where the amount of the parents' learning allowance calculated under paragraph (1) is £0.01 or more but less than £50, the amount of parents' learning allowance payable is £50.

    (6) For the purposes of this regulation—

     31. A deduction may be made in accordance with Part 5 from the amount payable in respect of a particular element of the grant for dependants calculated in accordance with regulations 27 to 30.

Interpretation
    
32. —(1) For the purposes of regulations 27 to 31—

    (2) Subject to paragraph (3), a dependant's net income is his or her income from all sources for the academic year in question reduced by the amount of income tax and social security contributions payable in respect of it but disregarding—

    (3) Where a student or his or her partner makes any recurrent payments which were previously made by the student in pursuance of an obligation incurred before the first academic year of the student's course, the partner's net income is net income calculated in accordance with paragraph (2) reduced by—

    (4) For the purposes of paragraph (2), where—

those payments are to be treated as the child's income.



PART 5

CONTRIBUTIONS

Student's contribution
     33. —(1) A College of Europe student or a European University Institute student's contribution in respect of an academic year is the amount, if any, calculated under Schedule 3.

    (2) For the purposes of the exercise of the Welsh Ministers' functions under these Regulations the Welsh Ministers may require a student to provide from time to time such information as they require in order to assess the student's contribution.

Application of the student's contribution
    
34. —(1) The contribution calculated in accordance with regulation 33 must be applied—

     35. —(1) In the case of a College of Europe student, the Welsh Ministers must apply the student's contribution—

    (2) Where the contribution available to reduce the amount of grant for research travel in accordance with paragraph (1)(e) exceeds the amount of that grant calculated under regulation 20(7), the amount of that grant payable to the student is nil.

    
36. —(1) In the case of a European University Institute student, the Welsh Ministers must apply the student's contribution—

    (2) Where the contribution available to reduce the amount of grant for research travel in accordance with paragraph (1)(d) exceeds the amount of that grant calculated under regulation 22(6), the amount of that grant payable to the student is nil.



PART 6

PAYMENTS

Payment of grant for fees
    
37. —(1) The Welsh Ministers must not pay the grant for fees for which a student qualifies until they have received a valid request for payment from the academic authority.

    (2) The Welsh Ministers may make the payments of the grant for fees to the academic authority in such instalments and at such times as they consider to be appropriate.

Payment of grants for living and other costs and supplementary grants
    
38. —(1) The Welsh Ministers may pay the grants for living and other costs and the supplementary grants for which a student qualifies in such instalments and at such times as they consider appropriate.

    (2) The Welsh Ministers may, if they consider it appropriate to do so, pay the grant payable under regulation 20(4) or regulation 22(3) to the relevant academic authority for the authority to pay the relevant grant on their behalf.

    (3) Where a final assessment of the amount of grants for living and other costs or supplementary grants payable to a student cannot be made on the basis of the information provided by the student, the Welsh Ministers may make provisional payments of those grants pending the final assessment.

    (4) The Welsh Ministers may, if they consider it appropriate to do so, make a payment of disabled students' allowance before the start of the academic year in respect of which that payment is due.

    (5) Where the circumstances in regulation 15(a) or regulation 15(c) apply, the Welsh Ministers must not make any payments of support to a student after the date on which he or she stops attending his or her course unless they consider it appropriate to do so taking into account the circumstances of the student's case.

    (6) The Welsh Ministers must not make any payments of support to a student who is absent from the course—

unless they consider that it is appropriate to do so taking into account the circumstances of the student's case.

Overpayments
    
39. —(1) The Welsh Ministers may recover any overpayment of grant for fees from the academic authority.

    (2) An eligible student must, if required to do so by the Welsh Ministers, repay any amount paid to that student under Part 4 which for whatever reason exceeds the amount of support to which he or she is entitled under Part 4.


Jane E. Hutt
Minister for Children, Education, Lifelong Learning and Skills, one of the Welsh Ministers.

4 August 2007



SCHEDULE 1
Regulation 4


AMENDMENT TO THE ASSEMBLY LEARNING GRANTS (EUROPEAN INSTITUTIONS) (WALES) REGULATIONS 2006


     1. In regulation 8(4), for "paragraph (2)" substitute "paragraph (3)".

     2. In regulation 21(3), for "22,700 euro" substitute "24,100 euro".

     3. In regulation 25(4)(b), for "12,840 euro" substitute "13,000 euro".

     4. In paragraph 1(6)(a) of Part 1 of Schedule 1, for "Swiss employed person" substitute "Swiss frontier employed person".



SCHEDULE 2
Regulation 10


ELIGIBLE STUDENTS




PART 1

Interpretation
     1. —(1) For the purposes of this Schedule—

    (2) "EEA frontier self-employed person" ("person hunangyflogedig y ffin o'r AEE") means an EEA national who—

    (3) "EEA frontier worker" ("gweithiwr y ffin o'r AEE" ) means an EEA national who—

    (4) "Swiss frontier employed person" ("person cyflogedig Swisaidd y ffin" ) means a Swiss national who—

    (5) "Swiss frontier self-employed person" ("person hunangyflogedig Swisaidd y ffin") means a Swiss national who—

    (6) For the purposes of this Schedule, "parent" includes a guardian, any other person having parental responsibility for a child and any person having care of a child and "child" is to be construed accordingly.

    (7) 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-—

is or was temporarily employed outside the area in question.

    (8) For the purposes of sub-paragraph (7), 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—



PART 2

Categories

Persons who are settled in the United Kingdom
     2. —(1) A person who—

    (2) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the United Kingdom and Islands in accordance with paragraph 1(7).

     3. A person—

Refugees and persons with leave to enter or remain
     4. —(1) A person—

    (2) A person—

    (3) A person—

     5. —(1) A person—

    (2) A person—

    (3) A person—

Workers, employed persons, self-employed persons and their family members
     6. —(1) A person who—

    (2) Paragraph (b) of sub-paragraph (1) does not apply where the person applying for support falls within paragraph (a)(iv), (v) or (vi) of sub-paragraph (1).

     7. A person who—

Persons who are settled in the United Kingdom and have exercised a right of residence elsewhere
     8. —(1) A person who—

    (2) For the purposes of this paragraph, a person has exercised a right of residence if he or she is a United Kingdom national, a family member of a United Kingdom national for the purposes of Article 7 of Directive 2004/38 (or corresponding purposes under the EEA Agreement or Swiss Agreement) or a person who has the right of permanent residence who in each case has exercised a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA Agreement or Swiss Agreement in a state other than the United Kingdom or, in the case of a person who is settled in the United Kingdom and has a right of permanent residence, if he or she goes to the state within the territory comprising the European Economic Area and Switzerland of which he or she is a national or of which the person in relation to whom he or she is a family member is a national.

EC nationals
     9. —(1) A person who—

    (2) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the European Economic Area and Switzerland in accordance with paragraph 1(7).

     10. —(1) A person who—

Children of Swiss nationals
     11. A person who—

Children of Turkish workers
     12. A person who—



SCHEDULE 3
Regulation 33


STUDENT'S CONTRIBUTION




PART 1

Interpretation
     1. —(1) In this Schedule—

    (2) An "independent eligible student" ("myfyriwr cymwys annibynnol" ) is a College of Europe student where—

    (3) Any College of Europe student who qualifies as an independent eligible student under sub-paragraph (2)(j) in respect of an academic year of a designated course retains that status for the duration of the period of eligibility.



PART 2

Calculation of contribution

Household income
     2. —(1) The amount of a College of Europe student or an Institute student's contribution depends on the household income.

    (2) The household income is—

    (3) In determining the household income an amount calculated in accordance with sub-paragraph (4) there is to be deducted—

    (4) The amount referred to in sub-paragraph (3) is, £1,075.

    (5) For the purpose of calculating the contribution payable in respect of a parent student, the residual income of the parent student's partner is not to be aggregated under sub-paragraph (2)(b) in the case of a parent student whose child or whose partner's child holds an award in respect of which the household income is calculated with reference to the residual income of the parent student or of the parent student's partner or of both.

Calculation of the student's residual income
     3. —(1) For the purpose of determining the residual income of a student, there is to be deducted from his or her taxable income (unless already deducted in determining taxable income) the aggregate of any amounts falling within any of the following sub-paragraphs—

    (2) Where the student receives income in a currency other than sterling, the value of that income for the purpose of this paragraph is—

Calculation of parent's residual income
     4. —(1) For the purposes of determining the taxable income of a student's parent, any deductions which fall to be made or exemptions which are permitted—

are not to be made or permitted.

    (2) For the purpose of determining the residual income of a parent, there is to be deducted from the taxable income determined under sub-paragraph (1) the aggregate of any amounts falling within any of the following sub-paragraphs—

    (3) Where the Welsh Ministers are satisfied that the income of the parent in the financial year beginning immediately before the relevant year ("current financial year") is, as a result of some event beyond the parent's control, likely to be not more than 85 per cent, of the sterling value of his or her income in the preceding financial year the Welsh Ministers may, for the purpose of enabling the student to attend the course without hardship, ascertain the household income for the current financial year.

    (4) Where the Welsh Minsters are satisfied that the income of the parent in any financial year is, as a result of some event beyond the parent's control, likely to be and to continue after that year to be not more than 85 per cent. of the sterling value of his or her income in the previous financial year the Welsh Ministers may, for the purpose of enabling the student to attend the course without hardship, ascertain the household income for the academic year of the student's course in which that event occurred by taking as the residual income of the parent the average of his or her residual income for each of the financial years in which that academic year falls.

    (5) Where the student's parent satisfies the Welsh Ministers that his or her income is wholly or mainly derived from the profits of a business or profession carried on by him or her, then any reference in this Part of the Schedule to a preceding financial year is to be read as a reference to the earliest period of twelve months which ends after the start of the preceding financial year and in respect of which accounts are kept relating to that business or profession.

    (6) Where a student's parent is in receipt of any income which does not form part of that parent's income for the purposes of the Income Tax Acts or the income tax legislation of another EEA State or Switzerland by reason only that—

his or her taxable income for the purpose of this Schedule is to be computed as though the income under this sub-paragraph were part of his or her income for the purpose of the Income Tax Acts or the income tax legislation of another EEA State or Switzerland, as the case may be.

    (7) Where the income of the student's parent is computed as for the purposes of the income tax legislation of another EEA State or Switzerland, it is to be computed under the provisions of this Schedule in the currency of that EEA State or Switzerland and the income of the student's parent for the purposes of this Schedule is the sterling value of that income determined in accordance with the rate for the month in which the last day of the financial year in question falls, as published by the Office for National Statistics.

    (8) Where one of the student's parents dies either before or during the relevant year and that parent's income has been or would be taken into account for the purpose of determining the household income, then

    (9) Where the Welsh Ministers determine that the parents were separated for the duration of the relevant year, the household income is to be determined by reference to the income of whichever parent the Welsh Ministers consider most appropriate under the circumstances.

    (10) Where the Welsh Ministers determine that the parents separated in the course of the relevant year, the household income is determined by reference to the aggregate of—

Calculation of the student's partner's residual income
     5. —(1) Subject to sub-paragraphs (2), (3) and (4) of this paragraph and with the exception of sub-paragraphs (8), (9) and (10) of paragraph 4, a student's partner's income is to be determined in accordance with paragraph 4, reference to the parent being construed as references to the student's partner.

    (2) Where the Welsh Ministers determine that the student and his or her partner were separated for the duration of the relevant year, the partner's income is not taken into account in determining the household income.

    (3) Where the Welsh Ministers determine that the student and his or her partner separated in the course of the relevant year, the partner's income is determined by reference to his or her income under sub-paragraph (1) divided by fifty-two and multiplied by the number of complete weeks in the relevant year for which the Welsh Ministers determine that the student and his or her partner were not separated.

    (4) Where a student has more than one partner in any one academic year, the provisions of this paragraph apply in relation to each.

Calculation of parent's partner's residual income
     6. The income of a new student's parent's partner whose income is part of the household income by virtue of paragraph 2(2)(a) is to be determined in accordance with paragraph 5, references to the student's partner being construed as references to the new student's parent's partner, and references to the student being construed as references to the student's parent.

Calculation of contribution
     7. —(1) A student's contribution is to be calculated in accordance with this regulation.

    (2) In relation to a College of Europe student who is not an independent eligible student, a College of Europe student who is an independent eligible student who has a partner and a European University Institute student who has a partner, the contribution is—

    (3) In relation to a College of Europe student who is an independent eligible student who does not have a partner and a European University Institute student who does not have a partner, the contribution is—

    (4) The amount of contribution is not to exceed £7,610 where the contribution is calculated under sub-paragraph (2) or (3).

    (5) Where sub-paragraph (6) applies, the aggregate of the contributions calculated under sub-paragraph (2) or (3), is not to exceed—

    (6) This sub-paragraph applies where the household income consists of the residual income of—

Split contributions
     8. —(1) Where a contribution is payable under paragraph 7 above and one or more of the conditions in sub-paragraph (2) is satisfied, the amount of contribution payable in respect of the College of Europe student is to be the amount that the Welsh Ministers consider just taking into account—

    (2) The conditions referred to in sub-paragraph (1) above are—



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations amend the Assembly Learning Grants (European Institutions) (Wales) Regulations 2006 (the "2006 Regulations").

The 2006 Regulations provide for support for students taking designated higher education courses at the Bologna Center, the College of Europe or the European University Institute in respect of an academic year beginning on or after 1 September 2006. The 2006 Regulations also make provision for support for certain students taking courses at these institutions in respect of the academic year beginning on or after 1 September 2005 but before 1 September 2006.

The 2006 Regulations apply in relation to Wales.

Regulation 5 amends regulation 21 of the 2006 Regulations so as to increase the maximum amount of the grant for fees payable to students attending designated courses at the Bologna Center from 22,700 euro to 24,100 euro. Regulation 6 amends regulation 25(4)(b) of the 2006 Regulations so as to increase the amount of the grant for living costs payable to students attending designated courses at the European University Institute from 12,840 euro to 13,000 euro.

Regulations 3, 4 and 7 correct typographical and drafting errors in the 2006 Regulations.

These Regulations also provide for support for eligible students taking designated higher education courses at the Bologna Center, the College of Europe or the European University Institute in respect of an academic year beginning on or after 1 September 2007.

A grant for fees is available for one eligible student at the Bologna Center.

A grant for fees, grants for living and other costs, a disabled students' allowance and a grant for dependants are available for up to two eligible students at the College of Europe.

Grants for living and other costs, a disabled students' allowance and a grant for dependants are available for one eligible student at the European University Institute.

The Regulations set out the eligibility criteria for the grants, the application procedure and the method for calculating the amount of grant payable. The Regulations also set out the arrangements for payment of the grants and recovery of any overpayments.

Provision is also made in these Regulations to comply with article 9 of Decision No 1/80 of the Association Council of 19 September 1980 on the development of the Association between the European Community and Turkey.

The Association Council was created by the agreement establishing an association between the European Community and Turkey which was signed in Ankara on 12 September 1963 by the Republic of Turkey on the one hand and the Member States of the EEC and the Community on the other. The agreement was concluded, approved and confirmed on behalf of the Community by Council Decision 64/732/EEC of 23 December 1963 (OJ 1973 c. 113 p. 1).

Article 9 of Decision No 1/80 of the Association Council of 19th September 1980 on the development of the association provides: "Turkish children residing legally in a Member State of the Community with their parents who are or have been legally employed in that member State, shall be admitted to courses of general education, apprenticeship and vocational training under the same educational entry qualifications as the children of nationals of that member State. They may in that Member State be eligible to benefit from the advantages provided for under the national legislation in this area.".

These Regulations revoke the 2006 Regulations to the extent set out in regulations 4 to 6.


Notes:

[1] 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), section 42. Section 42 and section 43 were amended by the Education Act 2002 (c. 32), Schedule 12.back

[2] S.I. 2006/1794 (W.189).back

[3] S.I. 2006/1794 (W.189).back

[4] 2002 c. 41.back

[5] Cmnd. 9171.back

[6] Cmnd. 3906 (out of print; photocopies are available, free of charge, from the Student Support Division, Department for Education and Skills, Mowden Hall, Staindrop Road, Darlington DL3 9BG.back

[7] 1962 c.12; sections 1 to 4 and Schedule 1 were substituted by the provision sets out in Schedule 5 to the Education Act 1980 (c.20). Section 1(3)(d) was amended by the Education (Grants and Awards) Act 1984 (c.11), section 4. Section 4 was amended by the Education Act 1994 (c.30), Schedule 2, paragraph 2. The entire Act was repealed by the Teaching and Higher Education Act 1998 (c.30), section 44(2) and Schedule 4, subject to the transitional provisions and savings set out in the Teaching and Higher Education Act 1998 (Commencement No. 4 and Transitional Provisions) Order 1998 (S.I. 1998/3237), article 3.back

[8] 1992 c. 4.back

[9] 2002 c. 38.back

[10] 1989 c. 41. Section 23 was amended by the Children Act 2004 (c. 31), section 49(3).back

[11] Cm. 2073.back

[12] Cm. 2183.back

[13] 1971 c.77; section 33(2A) was inserted by paragraph 7 of Schedule 4 to the British Nationality Act 1981 (c. 61).back

[14] Cm. 4904.back

[15] OJ No L257, 19.10.1968, p.2 (OJ/SE 1968 (ii) p.475).back

[16] 1988 c. 1.back

[17] 2004 c. 12.back

[18] "Financial Statistics" (ISSN 0015-203X).back



Cymraeg (Welsh)



ISBN 978 0 11 091641 5


 © Crown copyright 2007

Prepared 17 October 2007


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