Students Maintenance Grants Regulations, 2016

L.N. 308 of 2016

EDUCATION ACT

(CAP. 327)

Students Maintenance Grants Regulations, 2016

IN exercise of the powers conferred by article 126(3) of the

Education Act, the Minister for Education and Employment, with the

concurrence of the Minister for Finance, has made the following

regulations:-

The title of these regulations is the Students Maintenance

Grants Regulations, 2016.

Part I - Students in Post-Secondary and Vocational Education

Training Courses

1. A fixed rate of €86.85 per four weeks payable between the

1st October and the 30th June of the scholastic/academic year is

deemed as the normal stipend

Provided that stipend rates are revised every calendar year

according to the COLA increase.

2. In the case of students attending courses at the Malta

College of Arts, Science and Technology, a fixed rate of €86.85 per

four weeks is payable between the 1st October and the 30th June.

3. €232.94 are made available every year to partly cover

expenses related to educational material and equipment.

4. An additional supplementary maintenance grant of €74.50

every four weeks shall be paid in terms of regulation 6

Provided that students who progress to a top-up degree course at

the Malta College of Arts, Science and Technology will have €465.87

made available every year in which they follow a top-up degree

course, instead of €232.94, to partly cover expenses related to

educational material and equipment and a one time grant of €465.87.

For the purpose of this Part of the Schedule, the approved Post-

Secondary, Vocational Education & Training Institutions are the

following

De La Salle College (Sixth form)

Giovanni Curmi Higher Secondary School

Junior College, University of Malta

St Aloysius College (Sixth Form)

Malta College of Arts, Science & Technology

Mikiel Ang Refalo Upper Lyceum Gozo

Verdala International School

St. Martin’s College, Swatar

St. Edward’s College, Cottonera

Seminarju Maġġuri, Gozo

Malta Youth Ballet Foundation ("Diploma in Professional

Dance")

ETC Job Bridge

GEM 16+ Educational Programme

Aġenzija Żgħażagħ

Provided that students attending the ETC Job Bridge shall be

automatically eligible for the normal stipend and the supplementary

grant but shall not be eligible for the one time grant for the time

established by the ETC as approved by the Board.

Part II - Students in University of Malta Courses

A.

General Degree Courses

1. Except for students following prescribed courses listed

hereunder, a fixed rate of €86.85 as normal stipend every four weeks

payable between the 1st October and the 30th of June.

2. A sum of €465.87 per academic year to partly cover

expenses related to educational material and equipment.

3. A one-time grant of €465.87.

B.

Certificate and Diploma Courses

Students who, under the terms of these regulations, are

following a full-time day certificate or diploma course at the

University of Malta, qualify for the following maintenance grant for

the duration of the course of their studies

1. A fixed rate of €86.85 every four weeks between the 1st

October and the 30th of June as normal stipend.

2. A sum of €465.87 per academic year to partly cover

expenses related to educational material and equipment.

C.

Supplementary Maintenance Grant

University students who become entitled to a supplementary

maintenance grant in terms of regulation 6 shall be paid the

following, instead of the amounts provided for in Sections A and B of

this Part

(a)

students attending general degree, diploma and

certificate courses

(i)

€291.62 every four weeks;

(ii) €582.34 per annum;

(iii) a one-time grant of €582.34;

(b)

students attending prescribed courses

(i)

€291.62 every four weeks;

(ii) €698.81 per annum;

(iii) a one-time grant of €698.81.

Part III - Prescribed Degree Courses

Students who, under the terms established in these regulations,

are following a full-time day undergraduate degree course at the

University of Malta or at MCAST as prescribed shall qualify for the

following maintenance grant for the duration of the course of their

studies

1. A fixed rate of €151.99 every four weeks payable

from the commencement till the end of the academic year is

deemed as the normal stipend.

B

2. A sum of €698.81 per academic year to partly cover

expenses related to educational material and equipment.

3. A one-time grant of €698.81.

The prescribed courses are those published by the Board on a

yearly basis.

Part IV - Single Parents in receipt of Social Assistance

Course leading to qualification

Maximum Amount of Grant

leading to accreditation level

Payable in Euro

1,000

€0.99

In these regulations, unless the context otherwise requires

"the Board" means the Students’ Maintenance Grants Board set

up in terms of Part III;

"educational institutions" means the institutions referred to in

Parts I and II of the Schedule;

"educational level" means the Malta Qualification Framework

level as determined by the National Commission for Further and

Higher Education or any other authorised body;

"further and higher education" means courses followed in post

secondary, vocational and tertiary institutions including

apprenticeship courses;

"maintenance grants" means the financial benefits rewarded to

full-time post secondary, vocational and tertiary students including

students following an apprenticeship course, as outlined in the

Schedule;

"the Minister" means the Minister responsible for Education.

(1) Save as provided hereunder, these regulations shall

apply to full-time post secondary, vocational and tertiary courses

including apprenticeship courses.

(2) Full-time students who follow a course of further and, or

higher education in accordance with these regulations after finishing

their obligatory secondary education and who progress in their level

of studies in any educational institution shall be entitled to receive the

students’ maintenance grants as provided hereunder, provided that

they apply annually for the students’ maintenance grants and are

considered to be eligible in accordance with these regulations.

Part I - Eligibility for the Students’ Maintenance Grants by students

following a higher educational course

The students’ maintenance grants shall be awarded to full- Eligibility for

time students who are registered and accepted to follow a full-time the

maintenance

course as regular students for a day course in higher education grants

students

institutions as approved by the Minister, after application on a yearly following a

basis and acceptance, and comprising students admitted through the higher

educational

maturity clause in accordance with educational institutions’ course.

regulations, and who

(a) are Maltese citizens, or have at least one parent

being a Maltese citizen; or are nationals of a European Union

and, or European Economic Area State or a family member of

such European Union and, or European Economic Area national

(as defined in the Free Movement of European Union Nationals S.L. 460.17

and their Family Members Order and in the Immigration S.L. 217.04

Regulations, respectively for a European Union and European

Economic Area nationals) (provided that such person has

obtained permanent residence in Malta in accordance with the

Free Movement of European Union Nationals and their Family

Members Order and with the Immigration Regulations

respectively for European Union and European Economic Area

nationals); or be a national of a European Union and, or

European Economic Area State who is in Malta exercising his

Treaty rights as a worker, self-employed person or person

retaining such status in accordance with the Free Movement of

European Union Nationals and their Family Members Order; or

be a third country national that has been granted refugee and, or

long term residence status under the Status of Long-term S.L. 217.05

Residents (Third Country Nationals) Regulations; and

(b) have resided in Malta for a period of not less than

five consecutive years immediately prior to the commencement

of the relative course of studies

Provided that for the sole purpose of calculating the

five consecutive years requirement under these regulations, any

period of time during which the student would have been

residing outside Malta due to medical treatment or any other

purpose that the Board may consider acceptable shall not be

considered as residing outside Malta; and

(c)

have completed their term of compulsory education;

and

(d) are attending the higher education course regularly

and making satisfactory progress; and

(e)

are not in full-time employment or in part-time

employment working more than twenty hours weekly; and

(f)

are progressing in their level of studies.

Progression of level of studies shall be determined

according to the Malta Qualification Framework levels as

established by the National Commission for Further and Higher

Education or any other competent body.

(1) Students who qualify and continue to be eligible for

the students’ maintenance grants under these regulations shall be

rewarded the maintenance grant as prescribed in Part I of the

Schedule. The yearly grant and the one time grant for degree courses

shall be remunerated at the beginning of the scholastic year. There

shall also be ten four weekly consecutive pays for each academic year

which includes the Christmas and Easter recesses but excludes the

Summer recess.

(2) Where the structure of a particular course so warrants, such

as in the case of students following an apprenticeship course, the

Board may approve the payment of the four weekly students’

maintenance grant during the Summer recess.

(1) Students who qualify for the students’ maintenance

grants under regulation 4 and who, due to proven hardship and, or

humanitarian situations, are deemed by the Board to qualify for the

supplementary maintenance grant, shall receive an additional grant to

the four weekly stipend in accordance with the rates indicated in Part

I of the Schedule.

(2) The Board shall determine the eligibility of the application

for the supplementary maintenance grants by means testing, on an

academic yearly basis. Due consideration shall also be given to the

number of persons in the same household who are still pursuing their

education.

(3) The Board shall have the right to waive the means testing

in the case of students with physical and, or intellectual disability

after ascertaining the level of disability through documentation issued

by authorised bodies.

(4) The Board shall also administer the contingency fund,

made available by the Minister for Finance, for the consideration of

applications for assistance by students facing extraordinary

circumstances.

The Minister may, in concurrence with the Minister for Prescribed

Finance, determine those courses at Higher Education as prescribed courses.

courses and for which a special rate of students’ maintenance grant is

to be paid as indicated in the Schedule.

The Minister may, in concurrence with the Minister for High priority

Finance, determine which courses at higher education level are to be courses.

regarded as high priority courses and for which a special rate of

students’ maintenance grant is to be paid as indicated in the Schedule.

A student who qualifies for the students’ maintenance Single parents

grants under regulation 4 and is a single parent in receipt of social in

social

assistance in accordance with the Social Security Act shall be also assistance.

eligible for a grant in accordance with the rates established in Part IV

of the Schedule.

Part II - General Provisions for Eligibility for the Students’

Maintenance Grants and the forfeiture including

reimbursement thereof

Students who are in full-time employment or part-time Employment.

employment of more than twenty hours a week or on paid leave by

their respective employer, or who accept an offer to enter into a

contract with an employer whereby they bind themselves to work for

that employer following the completion of their course, and who

would therefore benefit from a pay or an agreed remuneration whilst

following the course of studies, will not be considered eligible for the

students’ maintenance grants.

(1) Students who are required to repeat one year of the Repeaters and,

course of studies they are following or who are accepted by the or

pursuing an

relative educational institution to pursue an additional year in which additional year.

they are required to attend for the course of studies regularly, are to

receive during the year they repeat or the additional year, the four

weekly stipend or part thereof in accordance with categories

established by the Board according to the hours of attendance

Provided that students who repeat a year of their chosen

course of studies or pursue an additional year may still apply for the

supplementary grant

Provided further that students who repeat a year of their

chosen course of studies or pursue an additional year shall not be

eligible for the annual grant.

(2) Students following a revision course at any post-secondary

educational institution shall be considered as repeaters for the

purpose of these regulations.

(1) Students whose progression in their course of

studies, as assessed through periodical assessment procedures

established by the relative educational institution, is deemed to be

unsatisfactory, or who are not attending their course regularly, shall

forfeit the right to receive the students’ maintenance grants or part

thereof until such time the relative educational institution certifies

that the students have starting attending regularly and resumed

satisfactory progress.

(2) Students who resign, fail or do not abide by the course

regulations shall be obliged to refund the initial yearly grant received

for that course of studies and the one time grant received for degree

courses if it be the case, or part thereof, in accordance with

determined criteria established by the Board. Students who abandon

the course without officially resigning shall be bound to reimburse to

the Government of Malta all of the initial yearly grant, the one time

grant received for that course of studies in case of degree courses and

all the four weekly payments, unless it is proved to the satisfaction of

the Board that the student had discontinued to attend the course of

studies at a determined date.

(3) Students who receive any amount which was not due to

them as students’ maintenance grants shall be bound to repay the

Government of Malta that amount as may be determined by the

respective authorities

Provided that the Board shall have the right to withhold

any future maintenance grants for students who have pending

established overpayments and who have not sought an agreement

regarding reimbursement of overpayments with the Department of

Education.

(4) Any action to be taken under this regulation shall be barred

by a prescriptive period of five years.

Students pursuing a second or subsequent course at a lower

recognised level or after having completed or partially followed

another course of studies at the same level shall not be entitled to

receive the students’ maintenance grants for that period of time that is

equivalent to the period spent in the previous course of studies, if for

that previous course of studies they were in receipt of the students’

maintenance grants. These students shall during their second or

subsequent course only be entitled to the students’ maintenance

grants for the remaining period of time after termination of the period

of the previous course or for the difference in the amount of students’

maintenance grants if, for the second or subsequent course, the

amount of students’ maintenance grants due is higher

Provided that the following instances shall not be deemed

to fall within the ambit of this regulation, namely

(a) a one time shift for every student from one

educational course to another at the same level if the

educational courses are categorised up to level four;

(b) progression for a course of a recognized higher level

than that previously completed or partially followed;

(c)

a course progressing from a degree to a postgraduate

course required as a pre-requisite for the purpose of obtaining a

warrant to practise a profession;

(d) students who pursue the Doctor of Medicine course

after having completed or partially followed a degree course in

a health care area of studies as determined by the Board;

(e)

a second course of studies including, as part of it, a

preparatory unrated course if the second course is of a higher

recognized level than that previously followed or completed

Provided that students pursuing a second course,

determined as a vocational course, at the Malta College of Arts,

Science and Technology and which course is classified up to Level 4,

after having completed or partially completed another course at that

same level or higher at any other education institution, and thus going

down the level, will be considered eligible for the initial grant only

Provided further that the Minister may, after

recommendation by the Board, order the remuneration of the

students’ maintenance grants to a student who is, according to these

regulations, not eligible to receive the students’ maintenance grants

due to special exceptional circumstances.

Part III - Establishment of the Students’ Maintenance Grants Board.

There shall be a Students’ Maintenance Grants Board Establishment

which shall manage the allocation of the students’ maintenance grants of

Maintenance

and to advise the Minister on policy issues related to these grants.

Grants Board.

(1) The Board shall be appointed by the Minister for a Composition of

duration of one year, which may be further extended, and shall be the Board.

(a)

a Chairperson;

(b)

a member nominated by the Minister;

(c)

a member nominated by the Minister for Finance;

(d) a member nominated by the Employment and

Training Corporation;

(e)

a member nominated by the Rector of the University

(f)

a member nominated by the Principal of the Malta

College of Arts, Science and Technology;

(g) a member nominated by the Kunsill Studenti

Universitarji; and

(h)

a member nominated by the Kunsill Studenti

(2) The Minister shall also appoint a person to act as Secretary

to the Board and shall ensure the necessary levels of administrative

personnel that will enable the Board to fulfil its duties effectively and

The functions of the Board shall be to

(a)

manage and monitor the effective allocation and

payment of students’ maintenance grants;

(b) formulate and regularly review procedures regarding

the assessment, allocation, payment and entitlements for the

receipt of maintenance grants;

(c)

establish the criteria and assess, decide and review

applications for the supplementary maintenance grants;

(d) establish the criteria and assess, decide and review

applications under any other scheme as may be assigned by the

Minister from time to time;

(e)

consider reports received from the competent

educational authorities regarding the students’ academic

progress and apply sanctions when the minimum requirements

are not achieved;

(f)

oversee the management and payments of the

students’ maintenance grants and take all necessary actions to

recover any overpaid grants;

(g) plan and implement in a cost effective manner any

students’ work experience scheme that the Minister may, from

time to time, decide to provide;

(h) recommend changes to the national policy on further

and higher education financial support.

The Students Maintenance Grants Regulations, 2005, Revocation.

published as Legal Notice 372 of 2005 and the Educational Grants for

Single Parent Regulations, 2014, published as Legal Notice 448 of

2014, are hereby revoked without prejudice to anything done or

omitted to be done thereunder.