The making of the Assembly Learning Grants and Loans (Higher Education) (Wales) (No.2) (Amendment) (No. 2) Regulations 2012

Date of decision / Dyddiad y penderfyniad:

25 April 2012

Statement of information / Datganiad gwybodaeth:

The Welsh Government makes annual regulations governing the student support system in Wales.  These amending Regulations make a number of changes to the  student support arrangements for students ordinarily resident in Wales taking designated higher education courses in the 20012/13 academic year. They will enable the Welsh Ministers to make awards of grants and loans to eligible students.
 
The existing 2011 Regulations – The Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2011 (No.886 (W.130)) (as amended) came into force on 12 April 2011. These Regulations amend the existing regulations in a number of respects:

a. Full-time Distance Learners
Students commencing full-time distance learning courses, being undertaken in Wales, will, from academic year 12/13, be able to apply for the new tuition fee grant of up to £5,535, as well as a tuition fee loan of £3465. Currently these students are only eligible to support equivalent to that provided for part-time students. Full-time distance learning (FTDL) courses provided by public institutions will also be automatically designated for student support in line with other full-time courses. FTDL courses offered by private providers will remain subject to individual designation.

b. Prisoners
Welsh prisoners, (that is those who were resident in Wales prior to their imprisonment), starting full-time  courses after 1 September 2012 will be able to access fee support on the same basis as other full-time students starting courses after this date. In order to be defined as eligible, a prisoner will need to have a release date that falls within 6 years of the start date of their course. Prisoners serving a longer or an indeterminate custodial sentence will not be entitled to any fee support.  Prisoners will no longer be entitled to a grant for disabled students living costs when on courses of higher education after 1st September 2012. This is because responsibility for providing the required support will be transferred to the prison where the student is detained.

c. Course Designation
In order to be automatically designated for student support, all undergraduate courses provided at publicly funded institutions from 1 September 2012 will be required to lead to a qualification which is granted by a body recognised to award UK degrees i.e. a recognised body or by a body that is permitted to act on behalf of the recognised body in the granting of degrees (i.e. a Listed Body).

d. New Part-time students
Part-time students commencing their courses in academic year 2012/13 will be to apply for the existing package of student support; that is a means tested fee and course grant. The deadline for the submission of part-time students’ applications for support will be extended from six to nine months, beginning with the first day of the academic year in respect of which it is submitted.

e. Compelling personal reasons
The Welsh Ministers will have the discretion to allow a student who has failed, in certain circumstances, to complete a previous course because of compelling personal reasons, to have an additional year added to their period of personal eligibility for support where this is considered appropriate.

This legislation is made under sections 22 and 42 of the Teaching and Higher Education Act 1998.These Regulations will follow the Negative Resolution procedure and the intention is that they should come into force on 18 May 2012.