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The Education (Student Support) (Wales) Regulations 2018

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  • Regulations text amended by S.I. 2020/143 reg. 18-29 (These amendments not applied to legislation.gov.uk. Affecting Regulations revoked (14.2.2020) without ever being in force by S.I. 2020/154, regs. 2, 3)

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PART 8E+WMAINTENANCE LOAN

Maintenance loanE+W

53.  A maintenance loan is a loan made available by the Welsh Ministers to an eligible student in respect of living costs for an academic year.

Qualifying conditions for a maintenance loanE+W

54.  An eligible student qualifies for a maintenance loan in respect of an academic year of the present course unless one of the following exceptions applies—

Exception 1 The eligible student is a prisoner, unless—

(a)the present course is a part-time course, and

(b)the eligible student enters or is released from prison in the academic year in question.

[F1Exception 2 The only paragraph or paragraphs of Schedule 2 into which the eligible student falls is one or more of [F2paragraphs 1(2)(d)(ii), 1(3), 4A(1)(b)(ii), 4A(2)(b)(ii), 6(1), 6A(1), 6A(2)(d)(ii), 6BA, 6BB, 6C, 6D, 7A(c)(ii) or 8A(1)(d)(ii).]]

Exception 3 The eligible student is aged 60 or over on the first day of the first academic year of the present course.

[F3Exception 4 The present course is a distance learning course and the student (“S”) is not in Wales on the first day of the first academic year of the course.

But this exception does not apply where—

(a)S is not in Wales on the first day of the first academic year of the course because S, or a close relative of S, is serving as a member of the armed forces outside Wales, or

(b)S is unable to be in Wales on the first day of the first academic year of the course for a reason related to coronavirus.]

F4...

Textual Amendments

F1Words in reg. 54 substituted (with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 122

F3Words in reg. 54 substituted (with application in accordance with reg. 1(2) of the amending S.I.) by The Education (Student Support) (Miscellaneous Amendments) (Wales) (No. 2) Regulations 2020 (S.I. 2020/708), regs. 1(2), 8

Amount of maintenance loan: full-time studentsE+W

55.—(1) Where an eligible student's present course is a full-time course (a “full-time student”), the amount of maintenance loan payable to the student is calculated as follows— Maximum amount of maintenance loan available to the student in respect of an academic year. Minus Amount of maintenance grant payable to the student under regulation 46.

(2) Table 7 sets out the maximum amounts of maintenance loan available in respect of a full-time student where—

(a)Column 1 specifies the academic year in relation to which the amounts of maintenance loan specified in Column 4 apply;

(b)Column 2 specifies the category of student to whom the maximum amounts in Column 4 apply;

(c)Column 3 specifies the location in which the student is living (see paragraph 3 of Schedule 1);

(d)Column 4 specifies the maximum amount of loan available in respect of the corresponding entries in Columns 1, 2 and 3.

(3) For the purposes of this regulation the categories of student are— Category 1 An eligible student undertaking—

(a)an academic year of a designated course, or

(b)the first year of an accelerated graduate entry course,

who is not a Category 2 student. Category 2 An eligible student undertaking—

(a)an academic year in respect of which a student is eligible to apply for—

(i)a healthcare bursary, or

(ii)a Scottish healthcare allowance,

calculated by reference to the student's income (whether or not the calculation results in a nil amount), or

(b)an academic year of a sandwich course during which the periods of full-time study undertaken by the student are in aggregate less than 10 weeks (unless it is a year to which regulation 44(2) applies).

(4) This regulation is subject to regulation 56.

[F5Table 7

Column 1Academic yearColumn 2Category of studentColumn 3Location of studentColumn 4Maximum amount of maintenance loan available to full-time student
Beginning on or after 1 September 2018 but before 1 September 2019Category 1Living at home£6,650
Living away from home, studying in London£10,250
Living away from home, studying elsewhere£8,000
Category 2Living at home£3,325

Living away from home, studying in London

£5,125

Living away from home, studying elsewhere

£4,000
Beginning on or after 1 September 2019 but before 1 September 2020Category 1

Living at home

£6,840

Living away from home, studying in London

£10,530

Living away from home, studying elsewhere

£8,225
Category 2

Living at home

£3,420

Living away from home, studying in London

£5,265

Living away from home, studying elsewher

£4,110
Beginning on or after 1 September 2020 but before 1 September 2021Category 1

Living at home

£7,335

Living away from home, studying in London

£11,260

Living away from home, studying elsewhere

£8,810
Category 2

Living at home

£3,665

Living away from home, studying in London

£5,630

Living away from home, studying elsewhere

£4,405
Beginning on or after 1 September 2021 [F6but before 1 September 2022]Category 1

Living at home

£7,790

Living away from home, studying in London

£11,930

Living away from home, studying elsewhere

£9,350
Category 2

Living at home

£3,895

Living away from home, studying in London

£5,965

Living away from home, studying elsewhere

£4,675
[F7Beginning on or after 1 September 2022 [F8but before 1 September 2023]Category 1Living at home£8,095
Living away from home, studying in London£12,375
Living away from home, studying elsewhere£9,710
Category 2Living at home£4,045
Living away from home, studying in London£6,185
Living away from home, studying elsewhere£4,855]
[F9Beginning on or after 1 September 2023 Category 1Living at home£8,950
Living away from home, studying in London£13,635
Living away from home, studying elsewhere£10,720
Category 2Living at home£4,475
Living away from home, studying in London£6,815
Living away from home, studying elsewhere£5,360]]

Textual Amendments

F5Reg. 55 Table 7 substituted (with application in accordance with reg. 1(2) of the amending S.I.) by The Education (Student Support) (Miscellaneous Amendments) (Wales) Regulations 2021 (S.I. 2021/73), regs. 1(2), 27

F6Words in reg. 55 Table 7 inserted (with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2022 (S.I. 2022/79), regs. 1(2), 42(a)

F7Words in reg. 55 Table 7 inserted (with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2022 (S.I. 2022/79), regs. 1(2), 42(b)

[F10Amount of maintenance loan: full-time students who qualify for special support paymentE+W

56.—(1) Where a full-time student qualifies for a special support payment under regulation 50, the amount of maintenance loan payable to the student is calculated in accordance with paragraph (2).

(2) The amount of maintenance loan payable is calculated by applying the following steps—

Step 1

Identify the amount of—

(a)maintenance grant payable to the student under regulation 46, and

(b)base grant payable to the student under regulation 45.

Step 2

Identify the amount of base grant and maintenance grant to be treated as a special support payment under regulation 50.

Step 3

Identify the applicable amount of living support for the student by reference to Table 8, where—

(a)Column 1 specifies the academic year in relation to which the amounts of living support in Column 3 apply;

(b)Column 2 specifies the location in which the student is living (see paragraph 3 of Schedule 1);

(c)Column 3 specifies the applicable amounts of living support for the corresponding entries in Columns 1 and 2.

[F11Table 8

Column 1

Academic year

Column 2

Location of student

Column 3

Applicable amount of living support for special support student

Beginning on or after 1 September 2018 but before 1 September 2019Living at home£7,650
Living away from home, studying in London£11,250
Living away from home, studying elsewhere£9,000
Beginning on or after 1 September 2019 but before 1 September 2020Living at home£7,840
Living away from home, studying in London£11,530
Living away from home, studying elsewhere£9,225
Beginning on or after 1 September 2020 but before 1 September 2021Living at home£8,335
Living away from home, studying in London£12,260
Living away from home, studying elsewhere£9,810
Beginning on or after 1 September 2021 [F12but before 1 September 2022]Living at home£8,790
Living away from home, studying in London£12,930
Living away from home, studying elsewhere£10,350
[F13Beginning on or after 1 September 2022 [F14but before 1 September 2023]Living at home£9,095
Living away from home, studying in London£13,375
Living away from home, studying elsewhere£10,710]
[F15Beginning on or after 1 September 2023 Living at home£9,950
Living away from home, studying in London£14,635
Living away from home, studying elsewhere£11,720]]

Step 4

Whichever is the greater of—

(a)the amount identified at Step 3, or

(b)the amounts of grant identified at Step 1 plus the minimum amount of maintenance loan payable to the student as specified by reference to Table 8A,

is the maximum amount of living support available to the student.

Step 5

Calculate the notional maximum amount of maintenance loan by deducting the amount of special support payment identified at Step 2 from the maximum amount of living support identified at Step 4.

Step 6

Deduct the amount of any maintenance grant payable to the student that is not treated as special support payment from the notional maximum amount of maintenance loan calculated at Step 5.

The result is the amount of maintenance loan payable to the student.

(3) In Table 8A—

(a)Column 1 specifies the academic year in relation to which the minimum amounts of maintenance loan in Column 3 apply;

(b)Column 2 specifies the location in which the student is living (see paragraph 3 of Schedule 1);

(c)Column 3 specifies the minimum amounts of maintenance loan payable for the corresponding entries in Columns 1 and 2.

[F16Table 8A

Column 1

Academic year

Column 2

Location of student

Column 3

Minimum amount of maintenance loan payable

Beginning on or after 1 September 2018 but before 1 September 2019Living at home£3,325
Living away from home, studying in London£5,125
Living away from home, studying elsewhere£4,000
Beginning on or after 1 September 2019 but before 1 September 2020Living at home£3,420
Living away from home, studying in London£5,265
Living away from home, studying elsewhere£4,110
Beginning on or after 1 September 2020 but before 1 September 2021Living at home£3,665
Living away from home, studying in London£5,630
Living away from home, studying elsewhere£4,405
Beginning on or after 1 September 2021 [F17but before 1 September 2022]Living at home£3,895
Living away from home, studying in London£5,965
Living away from home, studying elsewhere£4,675
[F18Beginning on or after 1 September 2022 [F19but before 1 September 2023]Living at home£4,045
Living away from home, studying in London£6,185
Living away from home, studying elsewhere£4,855]
[F20Beginning on or after 1 September 2023 Living at home£4,475
Living away from home, studying in London£6,815
Living away from home, studying elsewhere£5,360]]

(4) In this regulation, “living support” is the collective term for special support payment, maintenance grant and maintenance loan.]

Textual Amendments

F11Reg. 56 Table 8 substituted (with application in accordance with reg. 1(2) of the amending S.I.) by The Education (Student Support) (Miscellaneous Amendments) (Wales) Regulations 2021 (S.I. 2021/73), regs. 1(2), 28(a)

F12Words in reg. 56 Table 8 inserted (with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2022 (S.I. 2022/79), regs. 1(2), 43(a)(i)

F13Words in reg. 56 Table 8 inserted (with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2022 (S.I. 2022/79), regs. 1(2), 43(a)(ii)

F16Reg. 56 Table 8A substituted (with application in accordance with reg. 1(2) of the amending S.I.) by The Education (Student Support) (Miscellaneous Amendments) (Wales) Regulations 2021 (S.I. 2021/73), regs. 1(2), 28(b)

F17Words in reg. 56 Table 8A inserted (with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2022 (S.I. 2022/79), regs. 1(2), 43(b)(i)

F18Words in reg. 56 Table 8A inserted (with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2022 (S.I. 2022/79), regs. 1(2), 43(b)(ii)

Increased maintenance loan for full-time students in extended yearsE+W

57.—(1) Paragraph (2) applies where—

(a)the present course is a full-time course, and

(b)an eligible student is required to undertake the course for a period exceeding 30 weeks and 3 days in an academic year.

(2) Where this paragraph applies, the amount of loan payable to the student calculated under regulation 55 or, as the case may be, 56 is increased by the weekly amount specified in Column 3 of Table 9 for each week (or part of a week) that the student is required to undertake the course beyond the period of 30 weeks and 3 days.

(3) Paragraph (4) applies where—

(a)the present course is a full-time course, and

(b)an eligible student undertakes the course for a period of 45 weeks or more in any continuous period of 52 weeks.

(4) Where this paragraph applies, the amount of loan payable to the student calculated under regulation 55 or, as the case may be, 56 is increased by the weekly amount specified in Column 3 of Table 9 for each whole week in the 52 week period during which the student did not undertake the course.

(5) The increase in the amount of maintenance loan payable referred to in paragraph (4) applies in relation to the academic year into which the most weeks of the 52 week period fall.

(6) The maximum amount of maintenance loan payable to an eligible student may be increased under both paragraphs (2) and (4) in relation to the same academic year.

(7) In Table 9—

(a)Column 1 specifies the academic year in relation to which the maintenance loan is payable;

(b)Column 2 specifies the location in which the student is living (see paragraph 3 of Schedule 1);

(c)Column 3 specifies the weekly amount by which the amount of loan payable is to increase in respect of the corresponding entries in Columns 1 and 2.

[F21Table 9

Column 1Academic YearColumn 2Location of studentColumn 3Weekly amount of increase to maintenance loan payable
Beginning on or after 1 September 2018 but before 1 September 2019Living at home£80
Living away from home, studying in London£153
Living away from home, studying elsewhere£120
Beginning on or after 1 September 2019 but before 1 September 2020Living at home£84
Living away from home, studying in London£162
Living away from home, studying elsewhere£127
Beginning on or after 1 September 2020 but before 1 September 2021Living at home£86
Living away from home, studying in London£167
Living away from home, studying elsewhere£131
Beginning on or after 1 September 2021 [F22but before 1 September 2022]Living at home£89
Living away from home, studying in London£172
Living away from home, studying elsewhere£135
[F23Beginning on or after 1 September 2022 [F24but before 1 September 2023]Living at home£91
Living away from home, studying in London£176
Living away from home, studying elsewhere£138]
[F25Beginning on or after 1 September 2023 Living at home£93
Living away from home, studying in London£179
Living away from home, studying elsewhere£141]]

Textual Amendments

F21Reg. 57 Table 9 substituted (with application in accordance with reg. 1(2) of the amending S.I.) by The Education (Student Support) (Miscellaneous Amendments) (Wales) Regulations 2021 (S.I. 2021/73), regs. 1(2), 29

F22Words in reg. 57 Table 9 inserted (with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2022 (S.I. 2022/79), regs. 1(2), 44(a)

F23Words in reg. 57 Table 9 inserted (with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2022 (S.I. 2022/79), regs. 1(2), 44(b)

Amount of maintenance loan: part-time studentsE+W

58.—(1) Where an eligible student's present course is a part-time course (a “part-time student”), the amount of maintenance loan payable to the student is calculated as follows— Maximum amount of maintenance loan available to the student (see Table 10). Minus Amount of maintenance grant payable to the student under regulation 47.

(2) In Table 10, Column 1 specifies the academic year in relation to which the maximum amount of maintenance loan in Column 2 is available.

[F26Table 10

Column 1Academic yearColumn 2Maximum amount of maintenance loan available to part-time student
Beginning on or after 1 September 2018 but before 1 September 2019 £5,650 multiplied by the intensity of study
Beginning on or after 1 September 2019 but before 1 September 2020£5,815 multiplied by the intensity of study
Beginning on or after 1 September 2020 but before 1 September 2021£6,245 multiplied by the intensity of study
Beginning on or after 1 September 2021 [F27but before 1 September 2022]£6,640 multiplied by the intensity of study
[F28Beginning on or after 1 September 2022 [F29but before 1 September 2023]£6,905 multiplied by the intensity of study]
[F30Beginning on or after 1 September 2023 £7,650 multiplied by the intensity of study]]

[F31(3) This regulation is subject to regulation 58A.]

Textual Amendments

F26Reg. 58 Table 10 substituted (with application in accordance with reg. 1(2) of the amending S.I.) by The Education (Student Support) (Miscellaneous Amendments) (Wales) Regulations 2021 (S.I. 2021/73), regs. 1(2), 30

F27Words in reg. 58 Table 10 inserted (with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2022 (S.I. 2022/79), regs. 1(2), 45(a)

F28Words in reg. 58 Table 10 inserted (with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2022 (S.I. 2022/79), regs. 1(2), 45(b)

[F32Amount of maintenance loan: part-time students who qualify for special support paymentE+W

58A.—(1) Where a part-time student qualifies for a special support payment under regulation 50, the amount of maintenance loan payable to the student is calculated in accordance with paragraph (2).

(2) The amount of maintenance loan is calculated by applying the following steps—

Step 1

Identify the amount of base grant and maintenance grant payable to the student which is to be treated as a special support payment under regulation 50.

Step 2

Calculate the applicable amount of living support for the student by reference to Table 10A, where Column 2 of the table specifies the amount of living support that applies in relation to the academic year specified in Column 1.

[F33Table 10A
Column 1Column 2
Academic yearAmount of living support for part-time student where special support payable
Beginning on or after 1 September 2018 but before 1 September 2019£6,650 multiplied by the intensity of study
Beginning on or after 1 September 2019 but before 1 September 2020£6,815 multiplied by the intensity of study
Beginning on or after 1 September 2020 but before 1 September 2021£7,245 multiplied by the intensity of study
Beginning on or after 1 September 2021 [F34but before 1 September 2022]£7,640 multiplied by the intensity of study
[F35Beginning on or after 1 September 2022 [F36but before 1 September 2023]£7,905 multiplied by the intensity of study]
[F37Beginning on or after 1 September 2023 £8,650 multiplied by the intensity of study]]

Step 3

Deduct the amount of special support payment identified at Step 1 from the applicable amount of living support identified at Step 2.

The result is the amount of maintenance loan payable to the student.

(3) In this regulation, “living support” is the collective term for special support payment, maintenance grant and maintenance loan.

Textual Amendments

F33Reg. 58A Table 10A substituted (with application in accordance with reg. 1(2) of the amending S.I.) by The Education (Student Support) (Miscellaneous Amendments) (Wales) Regulations 2021 (S.I. 2021/73), regs. 1(2), 31

F34Words in reg. 58A Table 10A inserted (with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2022 (S.I. 2022/79), regs. 1(2), 46(a)

F35Words in reg. 58A Table 10A inserted (with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2022 (S.I. 2022/79), regs. 1(2), 46(b)

Step 1

Identify the amount of base grant and maintenance grant payable to the student which is to be treated as a special support payment under regulation 50.

Step 2

Calculate the applicable amount of living support for the student by reference to Table 10A, where Column 2 of the table specifies the amount of living support that applies in relation to the academic year specified in Column 1.

Table 10A

Column 1Column 2
Academic yearAmount of living support for part-time student where special support payable
Beginning on or after 2018£6,650 multiplied by intensity of study

Step 3

Deduct the amount of special support payment identified at Step 1 from the applicable amount of living support identified at Step 2.

The result is the amount of maintenance loan payable to the student.

(3) In this regulation, “living support” is the collective term for special support payment, maintenance grant and maintenance loan.]

Applying for maintenance loan for less than the maximum amountE+W

59.  An eligible student may apply under regulation 32 to borrow part of the amount of maintenance loan payable to the eligible student in respect of an academic year.

Further application for maintenance loan up to maximum amountE+W

60.  Where—

(a)an eligible student applies for part of the maintenance loan under regulation 59, or

(b)an additional amount of maintenance loan is made available to an eligible student following a transfer and reassessment made under Section 5 of Chapter 2 of Part 4,

the student may make a further application under regulation 32 for the remaining balance of the maintenance loan payable in respect of that academic year.

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