Students Maintenance Grants (Amendment) Regulations, 2021

L.N. 320 of 2021

EDUCATION ACT

(CAP. 605)

Students Maintenance Grants (Amendment) Regulations, 2021

IN EXERCISE of the powers conferred by article 71 of the

Education Act, the Minister for Education has made the following

regulations:-

(1) The title of these regulations is the Students Citation and

Maintenance Grants (Amendment) Regulations, 2021 and these commencement.

regulations shall be read and construed as one with the Students S.L. 605. 06.

Maintenance Grants Regulations, hereinafter referred to as "the

principal regulations".

(2) These regulations shall come into force on 1st October

2021.

In sub-regulation (2) of regulation 3 of the principal Amends

regulations, the words "provided that they apply annually for the regulation

the principal

students’ maintenance grants and are considered to be eligible in regulations.

accordance with these regulations." shall be substituted by the words

"provided that they apply on their first year of studies at every

institution or course for the students’ maintenance grants and are

considered to be eligible in accordance with these regulations

Provided that the Students Maintenance Grants Board may

issue guidelines on the application process.".

Regulation 4 of the principal regulations shall be re- Amends

regulation 4 of

numbered as sub-regulation (1) and it shall be amended as follows

the principal

regulations.

(a)

in paragraph (a) thereof, immediately after the

words "Status of Long-term Residents (Third Country

Nationals) Regulations" there shall be added the words "or a

person having the same rights as a European Union national

under the agreement on the withdrawal of the United Kingdom

of Great Britain and Northern Ireland from the European Union

and the European Atomic Energy Community";

(b) in the proviso to paragraph (b) thereof, the words "as

residing outside Malta; and" shall be substituted by the words

"as residing outside Malta:" and immediately thereafter there

shall be added the following new proviso

"Provided further that for any period of time

for any other purpose not considered acceptable, the Board

shall consider a trip outside Malta of more than six (6)

months absence in a year or an aggregate of ten (10)

months absence in the whole five (5) years as having

interrupted the five (5) year residency requirement; and";

and

(c)

immediately after paragraph (f) thereof there shall

be added the following new sub-regulation

"(2) Non-Maltese and, or Non-EU citizen students

applying for maintenance grants shall, upon application for

a programme or course of study within their institution,

apply for an exemption of fees at the Ministry, following

approval of which they may be considered eligible for the

students’ maintenance grants.".

Regulation 5 of the principal regulations shall be amended

as follows

(a)

in sub-regulation (1) thereof, the words "shall be

rewarded the maintenance grant" shall be substituted by the

words "shall receive the maintenance grant"; and

(b) sub-regulation (2) thereof shall be substituted by the

following new sub-regulation

"(2) Where the structure of a particular course so

warrants, such as in the case of students following an

apprenticeship course, or a course having a summer

semester, the Board may approve the payment of the four

(4) weekly students’ maintenance grant, and where

applicable, the supplementary grant, and, or the

apprenticeship special stipend, during the summer recess.".

Regulation 6 of the principal regulations shall be amended

as follows

(a)

sub-regulation (3) thereof shall be substituted by the

following new sub-regulation

"(3) The Board shall have the right to waive the

means testing with respect to

(a) students with physical and, or

intellectual disability, after ascertaining the level of

disability through documentation issued by

authorised bodies; and, or

(b) students who are residing in residential

care."; and

(b)

sub-regulation (4) thereof shall be deleted.

In regulation 7 of the principal regulations, the words "as Amends

indicated in the Schedule" shall be substituted by the words "as regulation

the principal

published by the Board".

regulations.

In regulation 8 of the principal regulations, the words "as Amends

indicated in the Schedule" shall be substituted the words "as regulation

the principal

published by the Board".

regulations.

Regulation 10 of the principal regulations shall be Amends

regulation 10 of

amended as follows

the principal

regulations.

(a)

the words "full-time employment or part-time

employment" shall be substituted by the words "full-time

employment,

part-time

self-employed

or

part-time

employment"; and

(b) the words "will not be considered eligible for the

students’ maintenance grants." shall be substituted the words

"will not be considered eligible for the students’ maintenance

grants:" and immediately thereafter there shall be added the

following new proviso

"Provided that the Board may request

students to present acceptable evidence for the above, such

as a contract of work, a pay slip, a declaration from an

employer or an affidavit.".

Regulation 11 of the principal regulations shall be Amends

regulation 11 of

amended as follows

the principal

regulations.

(a)

the marginal note thereof shall be substituted by the

following new marginal note

"Repeaters and students pursuing an extension year

or an additional year.";

(b) sub-regulation (1) thereof shall be substituted by the

following new sub-regulation

"(1) Students who are required to repeat one year

of the course of studies they are following or who are

accepted by the relative educational institution to pursue

an extension year or an additional year in which they are

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

receive during the repeat year, the extension year or the

additional year, the four (4) 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 extension year

or 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

extension year or an additional year shall not be eligible

for the annual grant."; and

(c)

in sub-regulation (2) thereof, the words "shall be

considered as repeaters for the purpose of these regulations"

shall be substituted by the words "shall be considered as

repeaters for the purpose of these regulations and shall receive,

apart from the four (4) weekly stipend, the initial grant or part

thereof if any refund due has been effected,".

Regulation 12 of the principal regulations shall be

amended as follows

(a)

in sub-regulation (1) thereof, the words "that the

students have starting attending regularly and resumed

satisfactory progress" shall be substituted by the words "that the

students have resumed attending regularly and are making

satisfactory progress";

(b) in sub-regulation (2) thereof, the words "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." shall be deleted;

(c)

sub-regulations (3) and (4) thereof shall be re-

numbered as sub-regulations (4) and (5) respectively;

(d) immediately after sub-regulation (2) thereof there

shall be added the following new sub-regulation

"(3) Students who abandon the course without

officially resigning shall be bound to reimburse to the

Government 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 (4) 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."; and

(e)

in the proviso to sub-regulation (4) thereof, as re-

numbered, the words "with the Department of Education" shall

be substituted by the words "with the Ministry for Education".

Regulation 13 of the principal regulations shall be Amends

regulation 13 of

amended as follows

the principal

regulations.

(a)

the first proviso thereof shall be amended as

follows

(i) paragraph (a) thereof shall be substituted by

the following new paragraph

"(a) a one time shift from one educational course

to another for every student who fails to complete a

course of studies and opts to start another course at

the same level or lower;";

(ii) paragraph (c) thereof shall be substituted by

the following new paragraph

"(c) a postgraduate course required as a pre-

requisite for the purpose of obtaining a warrant to

practise a profession, which may include, as part of

it, an unrated preparatory programme, if the student

was not in receipt of the students’ maintenance

grants at the same level;";

(iii) paragraph (d) thereof shall be substituted by

the following new paragraph

"(d) students who pursue the Doctor of Medicine

course after having completed or partially followed a

degree course

Provided also that students who pursue the

Bachelor of Science (Honours) in Medical Sciences

(Intercalated Year) and students who, after following

this course, continue their studies as third year

students in the Doctor of Medicine course shall be

eligible to receive the maintenance grant:"; and

(iv)

paragraph (e) thereof shall be deleted; and

(b) in the second proviso thereof, the words "Provided

that students pursuing a second course," shall be substituted by

the words "Provided further that students pursuing a second

course,".

Regulation 15 of the principal regulations shall be

amended as follows

(a)

in sub-regulation (1) thereof, the words "for a

duration of one year, which may be further extended," shall be

substituted by the words "for a duration of three (3) years"; and

(b) immediately after sub-regulation (2) thereof there

shall be added the following new sub-regulations

"(3) Members of the Board shall be eligible for re-

appointment.

(4) (a) The Board shall meet as often as may be

necessary or expedient, but in no case less frequently than

once every month.

(b) The Board shall not act unless a quorum

consisting of not less than half the number of members is

present.

(c) The meetings of the Board shall be chaired by

the chairperson or, in his absence, by another member

delegated by the chairperson.

(d) Decisions where no consensus is reached

shall be taken by a majority of the votes of the members

present and voting and in the case of an equality of votes

the chairperson shall have and exercise a second or casting

vote.

(e) Where a member is absent, without

justification, for three (3) consecutive meetings, the Board

shall inform the Minister who may proceed to replace the

said member.".

Regulation 16 of the principal regulations shall be Amends

regulation 16 of

amended as follows

the principal

regulations.

(a)

in paragraph (h) thereof, the words "on further and

higher education financial support." shall be substituted by the

words "on further and higher education financial support;"; and

(b) immediately after paragraph (h) thereof there shall

be added the following new paragraphs

"(i) conduct checks with other authorities on the

documents and the veracity of information supplied by

applicants; and

(j) issue and publish guidelines on

the

application and administration of these regulations.".

The Schedule to the principal regulations shall be amended Amends the

Schedule to the

as follows

principal

regulations.

(a)

in item 4 of Part I thereof, the words "ETC Job

Bridge" shall be substituted by the word "Jobsplus";

(b)

Part II thereof shall be amended as follows

(i) in the heading of Section A thereof,

immediately after the words "General Degree Courses"

there shall be added the words "(Level 5 upwards)";

(ii) in the heading of Section B thereof,

immediately after the words "Certificate and Diploma

Courses" there shall be added the words "(Level 5)";

(iii) immediately after item 2 of Section B thereof

there shall be added the following new paragraph

"Students following a level 4 certificate course

may be entitled to the same grants as those indicated

in Part I of this Schedule, as determined by the

Board.";

(iv) Section C thereof shall be re-numbered as

Section D; and

(v) immediately after Section B thereof there

shall be added the following new section

"C. Preparatory Programmes

Students

who

follow

preparatory programmes shall only be

eligible to the stipend rates and yearly

grant indicated in the respective sections

mentioned above, unless the Board

determines otherwise."; and

(c)

immediately after Part IV thereof there shall be

added the following new Parts

"Part V - Rates

All rates listed under this Schedule are updated, following

approval by the Minister for Education and the Minister for

Finance, and are published by the Board on a yearly basis.

Part VI - Apprenticeship

Students following courses which involve a compulsory

apprenticeship component are to receive a total amount, when

including maintenance grants (any type of grant) and the

employer’s grant, in line with article 15(1) of the Work-Based

Learning and Apprenticeship Act.

The Board shall publish the workings of how the amount is

worked out.".

€0.72