Law 9/2014, On 3 June, Of Aid For The Study

Original Language Title: Llei 9/2014, del 3 de juny, d’ajuts a l’estudi

Read the untranslated law here: https://www.bopa.ad/bopa/026039/Pagines/lo26039001.aspx

lo26039001 law 9/2014, of 3 June, for the help to the study since the General Council in its session of June 2014 3th has approved the following: Law 9/2014, on 3 June, of aid for the study exhibition of illustrations and The Andorran society aims to provide the best possible education to new generations. An aspiration that corresponds with the collective will to make Andorra a country prosperous, cohesive and prosperous, where all the people who live there can freely develop one's own personality, formed as citizens and participate in the collective progress.
Education makes it possible for overcoming personal, social, economic and cultural conditions of departure; is the key to the opportunities to overcome inequalities and to awaken and take advantage of all the talents of the society.
This is why the right of every person to education is a right that the Constitution of Andorra recognizes as fundamental and that the qualified law of education develops. To ensure it effectively and provide the opportunity to overcome the obstacles of all kinds that may hamper it, the public authorities have been endowed with a system of grants for the study that compensates for the economic and social inequalities and in the levels of education post compulsory, encourage the continuation of the study.
In 2002, the Government made an important reflection to update the measures that needed to be taken to facilitate, in conditions of equity, access to educational services of the mandatory education by granting scholarships to fund lost. At the same time, he established a system of credits for students of higher degrees and postgraduate courses.
The law on aid to the study of 2002 has given a satisfactory and effective response to the needs of aid in the education of our society. Innovations in the world of education and the new structure of the European space of higher education, with the extension of the system of aid to the second University cycle, make it necessary to the establishment of a legislative framework which includes the possibility of developing regulations that, for his idiosyncrasies, are subject to changes and modifications.
The extension of the scope of the aid for higher education, to include the aid to the second cycle, makes the study credit becomes unnecessary in this context, because the grants in the first and second university cycles are covered by this law. The assistance in the third cycle are managing by guiding principles that are applicable today.
This law is divided into three chapters. The first sets out the General principles and the educational levels likely to receive grants for the study. The second scholarship type definitions homogenized, expands the benefits aimed at the education and special education and maintains the national prize in the Studio, as a reward for excellence, making it extend to the teachings of professional secondary school of each of the education systems in Andorra. The third is the procedure of submission and processing of applications for grants and review procedures, resolution and verification of linked data.
Finally, the Bill introduces two additional provisions, two transitional provisions, a derogatory and two final provisions.
The first additional provision establishes that the Government can implement specific AIDS programs for young people that make the Studio with the practice of the sport of competition and provides for the possibility that in certain circumstances they can present applications after the deadline.
The second additional provision makes it possible for the Government to set up regulations for compatibility of State aid with other aid granted by third parties.
The first transitional provision ensures that in the credits of study agreed upon before the entry into force of this law will continue to apply the rule that the regia, and empowers the Government to create a specific program of study credits.
The second transitional provision determines that the students enjoy national prize in the study may continue to enjoy it in the same terms.
The repealing law derogates of aid for the study of the year 2002.
The final provisions first and second regulatory development is entrusted to this law within a maximum period of 45 days and fix the entry into force of the law.
Chapter first. General principles Article 1 Purpose the purpose of this law is to establish the legal regime of the system of aid for the study for students of different educational levels.
Article 2 Concepts 1. The system of aid for the study to the levels preobligatori, compulsory, upper secondary school, vocational training and higher education not articulates with the scholarships to study formal teachings of public education systems in Andorra. It is possible to grant scholarships to study formal educations abroad, provided that the same lessons will not be enrolled in Andorra through the levels preobligatori, mandatory, secondary school and vocational training no more than. The teachings sent to both Andorra and abroad should allow the obtaining of an undergraduate academic valid and recognized by the State.
2. The grants are economic benefits thoroughly lost, except in the case provided for in article 20.
3. In the framework of this law, is meant to "preobligatori level" maternal teachings; to "level required", the teachings of the first and secondary schools; for "high school level", the teachings of high school; to "level of vocational training no more than", levels of professional training prior to any training in the field of higher education, and higher education level "refers to the higher vocational education and the first and second cycles of higher education studies.
Article 3 Requirements for an aid 1. In addition to the academic, economic and patrimonial requirements established in this law, for a scholarship, students, Andorran nationals or foreign, must reside in the Principality of Andorra on a permanent basis and effective.
With regard to aid for the study of higher education, the minimum period of residence required effectively to enjoy a grant is three years in a row just before the request.

2. In general, it is up to the parents or tutors to take care of the maintenance of children or pupils during the period that follow teachings, including those above. When a student, upon reaching the age of majority and if you live regardless of parents or guardians, cannot assume the financial responsibilities mentioned above, you can apply for the grant of an aid to the study.
Article 4 competent bodies 1. Corresponds to the Ministry in charge of education determine: a) the amount of assistance for each type of scholarship and teaching level.
b) publish annual call for applications for the granting of the scholarships.
This call, which is published in the official bulletin of the Principality of Andorra, it must contain specific requirements for obtaining the grant, the amounts of each type of aid and the deadline for submission of applications.
c) Solve the annual. The resolution of the request of help must specify the type of aid granted to each beneficiary and the amount of this assistance and, in the case of refusal, should be motivated. It has to be published in the official bulletin of the Principality of Andorra the relationship of aid granted and denied. The list of grants awarded must indicate the amount awarded.
Article 5 1 Incompatibilities. The award of a grant to the study is inconsistent with the achievement of another Andorran administration, whether of the same, whether it be a public or private, national or foreign institution, except in the cases expressly compatibility recognized in this law.
2. In order to comply with what is expressed in point 1 above, the greater of age should attach to their application a signed statement in which recognizes that it is not the recipient of any other kind of aid specified in paragraph 1, without prejudice to the cases expressly recognized compatibility. In the case of a minor, the parents or legal guardian must sign the Declaration.
Article 6 appeal against the resolution of the calls can be lodged an appeal in front of the Government.
Article 7 Availability of the amount the amount of the aid should be available, at least 30%, before the end of the first term of the academic year, and the rest during the teaching period of the course. Corresponds to the Government to approve the amounts of the availability of grants for the study given, at the time of the publication of the call.
Second chapter. Scholarships Article 8 types of scholarships 1. The scholarship consists of a material financial assistance for a fixed maximum amount, determined in accordance with the level of education.
2. The grant of school transport consists of a grant of an amount equal to the driving school transport.
3. scroll scholarship, aimed at students of compulsory secondary education and vocational level, no more than that can not be taken in the country and students of higher education, consists of an economic aid the amount of which is determined in function of the distance between the domicile of the student and the school. This scholarship is determined by sections km, with a maximum amount fixed for each section, according to the cost of public transport.
4. The grant of financial assistance consists in a school dining room, the amount of which is determined on the basis of this service, accredited in the school of the student.
5. The scholarship support for students of vocational higher education and no more than that taken in Andorra or outside Andorra, but spend in the Principality, consists of a grant of a fixed maximum amount is established taking into account several criteria, among which the schedule of the student and whether the school has dining service.
6. The after-school ski scholarship, which is awarded only to students of compulsory levels, consists of a grant of an amount equal to the cost of out-of-package.
7. The grant of registration consists of economic support that is determined according to the following criteria: a) for courses taught by schools located in Andorran territory or in the form of distance education, the grant has a maximum amount determined on the basis of the average of the price of the registration of public schools that teach every teaching.
b) for courses taught by centres located abroad, the grant has a fixed maximum amount determined on the basis of the average of the price of the license plates of public schools that taught each in the most common destination countries of Andorra.
8. The grant of residence consists of a grant of a maximum amount fixed, determined on the basis of the average of the price of the residences and student flats used most commonly by students of Andorra. This scholarship, which includes food and lodging, is only awarded to students who have to reside outside the Principality in order to study a specific studies.
In the case of students of high school level required, preobligatoris, courses, vocational training and higher education not with special educational needs in school abroad, the amount of this scholarship can be increased in order to cover the costs of commuting between the place of residence and educational centre, and the concept of residence can be substituted for the shared floor; in both cases whenever you recommend the corresponding official report, issued by an authority in Andorra.
9. The salary grant is a grant of a maximum amount equivalent to the annual official minimum wage. This grant has a special character and should only be given to students the possible salary of which is essential for the maintenance of his family; for the obtaining of this assistance has been to prove the inescapable necessity of the wage of the student input, you need to confirm with a report of the Ministry responsible for social welfare; in this report has been to propose the amount of the scholarship, which is determined based on the result of the evaluation of the needs of families.
Article 9 maternal Education, first and second education, high school and vocational training no more than and special education in Andorra for the educational levels of maternal education, first and second education, high school and vocational training no more than and its equivalence in special education, as well as for the corresponding levels of Spanish and French education systems taught in schools located in the territory of Andorra , you can apply for the following scholarships:

a) Scholarship material.
b) scholarship of school transport.
c) grant from the school dining room.
d) child support Grant.
e) after-school ski Scholarship.
These grants are compatible with each other.
Article 10 Special Education, first and secondary maternal, high school, vocational training no more than abroad 1. For the overseas education of students with special educational needs of educational levels preobligatoris, compulsory, upper secondary and vocational schooling is not recommended when this has been via the official opinion, you can apply for the following scholarships: a Scholarship) of material.
b) scroll Scholarship.
c) child support Grant.
d) residence Scholarship.
These grants are compatible with each other, with the exception of the scholarships of maintenance and of residence, which, because of its configuration and its objectives, are incompatible.
2. All pupils with special educational needs of educational levels preobligatoris, compulsory, secondary school and vocational training no more than they have been in school abroad, by recommendation of the corresponding official report, issued by an authority in Andorra, enjoy free schooling, which is financed by the budget of the State. The education must be carried out in properly recognized by the competent authorities of the country where it is located, and the Andorran ministries in charge of education and of health and welfare have to recognize them as authorized centres.
Article 11 secondary schools, secondary schools, vocational training no more than abroad for secondary education, high school, vocational training no more than that will not be taken in Andorra, taught in schools located abroad, you can apply for the following scholarships: a) registration Scholarship.
b) Scholarship material.
c) scroll Scholarship.
d) child support Grant.
e) residence Scholarship.
These grants are compatible with each other, with the exception of the scholarships of maintenance and of residence, which, because of its configuration and its objectives, are incompatible.
Article 12 Secondary, vocational and higher education at a distance no greater than Are high school students, vocational training and higher education at a distance no greater than can apply for the following scholarships: a) registration Scholarship.
b) Scholarship material.
These grants are compatible with each other.
Article 13 higher education in Andorra Are students enrolled in higher education in schools located in the territory of Andorra may apply for the following scholarships: a) registration Scholarship.
b) Scholarship material.
c) child support Grant.
d) scroll Scholarship.
e) Scholarship salary.
These grants are compatible with each other.
Article 14 higher education abroad students enrolled in higher education in educational centres located abroad, can apply for the following scholarships: a) registration Scholarship.
b) Scholarship material.
c) child support Grant.
d) scroll Scholarship.
e) residence Scholarship.
f) salary Grant.
These grants are compatible with each other, with the exception of the residency scholarships and living expenses, which, because of its configuration and its objectives, are incompatible.
Article 15 Amount 1. The maximum amount of the scholarships is fixed for each academic year in accordance with the following criteria: a) consists of an amount fixed in accordance with article 8, in order to compensate, at the appropriate level, the student or family expenses resulting schooling or the dedication to the study.
b) for vocational training programmes and not for higher education, the Government can add to the amount of the grants calculated according to the parameter mentioned in the previous paragraph, an amount that serves as a stimulus for studies that are considered to be of interest to the labour market situation of Andorra.
2. The grants can be attributed by granting all or part of the maximum amount set for each.
Article 16 procedure for the attribution of a scholarship is governed by a set of criteria relating to the personal and family circumstances of the student, their economic circumstances and equity and, in the teachings of upper secondary education, vocational training and higher education, not in the transcript.
Article 17 criteria for obtaining a scholarship 1. Are personal criteria are derived from specific circumstances and of the applicant, regardless of their family or their academic situation. These criteria are as follows: to) Be an orphan of father and mother.
b) have been declared as a person with a disability.
2. Are familiar criteria are referring to the circumstances of the applicant's family. These criteria are the following: a) the number of members of the family unit, understood as the set of people who live in the same residence and are married to, or form part of a stable Union of a couple, as well as family members up to the second degree of kinship, the guardian and his spouse, partner and children.
b) Have maintenance responsibilities of third parties: unemployed spouse, parents without resources, children and all the other person in the family who is in charge.
3. economic criteria and heritage Are the ones who make it possible to assess the socio-economic situation or, in the case of independent life, of the applicant. These criteria, always applied to the family unit, are as follows: a) the number of members of the family unit in working age.
b) incomes from work.
c) The income of the economic activities.
d) rents of financial assets and the like.
e) incomes of life insurance, disability and the like.
f) the pensions of food.
g) property and the income of real estate.
h.) the possession of shares or participations in companies.
I) tenure of vehicles.
j) savings.
k) any other income from economic activities and other financial aid.
4. academic criteria Are those related to the academic record of the applicant and, where applicable, in the possession of the academic qualifications or other requirements to be admitted to a certain education.
Students who have already been funded to study a certain level of studies cannot register a second grant to study the same education level although the area of study is different.

5. Are the territorial criteria which make it possible to determine the distance, measured in kilometres, between the domicile of the applicant and the school.
The application of the personal, family, economic criteria and territorial heritage, academic and will develop the regulations.
Article 18 Scales 1. In the annual fix maximum levels of income and assets below which will take into consideration requests for scholarships. From these levels is not possible to obtain any kind of scholarship.
2. for the assessment of each application will take into account the personal circumstances, family, economic and equity and, when appropriate, of the applicant's academic record.
3. The scales and the formula for the calculation of economic criteria and heritage of article 17 paragraph 3, will determine the Government regulations.
in) in this formula takes into account the number of members of the family unit of the applicant. However, within this formula are not calculated the income in occupational concept of students, the income of disabled people of second and third degrees and people disabled for work, a circumstance that is credited by the report of the competent ministries in the field of social welfare or health, as appropriate.
4. The schedules relating to academic criteria for access and renew the aid in the teaching of higher professional education, secondary school and higher education will develop the regulations. The academic criteria applied to article 17 paragraph 1, are treated explicitly.
5. The scales and the formula for the calculation of regional criteria of article 17 section 5, are determined by regulations the Government.
Article 19 Requirements to dispose of the amount For the individual beneficiary of a scholarship to use of the amount, is an absolute requirement that accept the scholarship granted and their conditions, without prejudice to be able to formulate the eventual appeal if the request formulated by the corresponding request has not been accepted in its entirety.
Article 20 Abandonment of studies in case of abandonment of the studies during the academic period covered by a grant, the beneficiary must return to the Government the amount registered. In the event of temporary or permanent disability that prevents the continuation of the studies documented, justified, the person is the recipient of the refund of the registered amount dispensada.
Article 21 National Award to study 1. Students who Excel in high school and vocational high school, at the end of this level of education, are deserving of the national prize in the study. This prize is awarded to the student of each promotion, of each of the three educational systems in force in Andorra, which has obtained the best academic record in high school, at the proposal justified in the body protect of each education system.
2. The award of the national prize in the study involves the granting of a certain amount for each student to take the next level of higher education studies.
3. The National Prize in the study develops the regulations.
Third chapter. Procedure, verification and control Article 22 the application requests for grants for the study have been made, within the period laid down in the call for proposals, in accordance with the models established by the competent Ministry officers in the field of education. The applications must be signed by the student or, if you are a minor, your parent or guardian, and you must attach documentation that defines this law and established by the regulations.
Not all requests are considered filed tickets out of the deadline in the call.
Article 23 procedure of the application 1. Corresponds to the Ministry responsible for teaching process the requests, verify the data provided by the applicants and control the management and compliance with the requirements and obligations arising from the granting of aid for the study.
2. If the educational administration confirms some error or shortcoming in the application or in the documentation that must accompany, in requires amendment to the applicant, which has a period of ten working days to make it.
After this period, the application will proceed no further corrections.
Article 24 review and resolution of the application 1. The awards of any kind of aid in the study may be revised by the instruction of the corresponding record in the course of which it has to give audience to the person concerned.
2. The resolution of the case involves the repeal of the aid given and the total refund of the amounts received, if it is seen secretly or distortion of data. This resolution calls for the judicial for the use of document inveraç by a private individual is a felony in the Criminal Code put forward. The return must take place within a period of three months from the time when the resolution becomes firm.
3. The Minister competent in matters of education the resolution of files for review. It is against this decision may be lodged an appeal in front of the Government.
4. Repayment of the amounts unduly received can be take on judicial competence and of the Andorran courts.
5. The responsibilities set out in this article are understood without prejudice to those of academic character, criminal or tax that may be applicable to them.
6. The person sanctioned in application of this article cannot request any aid to the study of established in this law.
7. The offences set forth in this article prescribed in three years.
Article 25 Check of the data the Administration checks the accuracy of the data contained in the requests presented by interested parties, notwithstanding that you can ask the applicant for additional information to any concept that has connection with the criteria that are taken into account to award a grant to the study, ensuring the protection and confidentiality of the data.
The presentation of a request for assistance in the study involves giving the Administration the right to inquiry, proposals explains in the corresponding form, you must sign all members of the family unit over the age of 18 years.
Article 26 beneficiaries file

The competent Ministry in the field of education should devise a computerized file of beneficiaries of aid for the study and keep it updated.
First additional provision 1. The Government can set up aid programmes to the specific study for young people who make the Studio with the practice of the sport of competition, either in the territory of Andorra or abroad. These programs will develop the regulations.
2. The students of preobligatori level, compulsory, upper secondary school, vocational training and higher education does not require public financial support for the hospitality family circumstances from the close of the period of application of the aid regulated by this law, can apply for a grant to study after the deadline. The granting of these subsidies, that they can never understand a higher coverage period of the school year in which they apply, must be supported by a report of the Ministry responsible for social welfare.
Second additional provision notwithstanding the provisions of article 5, the Government can establish, by regulation, the compatibility of aid for the study with other aid granted by third parties. In these cases, the aid that confers Andorran Administration have the character of complementary and, accordingly, is to modulate the amount so that the sum of all the aid received does not exceed the maximum amounts that the person beneficiary should receive in the exclusive application of regulated by this law.
First transitional provision The study credits granted prior to the entry into force of this law they continue applying the regulations Royal until the time of entry into force of this law. However, you cannot proceed to renew them.
The credits in the study are not financial aid for common socio-economic criteria and, therefore, this law is not applicable. The Government can create a specific program of study credits.
Second transitional provision students who receive a National Award to study awarded prior to the entry into force of this law may continue to enjoy it in the same terms in which it was received.
Repealing provision derogates the law for assistance in the study, 28 June 2002.
First final provision has entrusted the Government to develop regulations to that law, within a maximum period of 45 days from the entry into force of the law.
Second final provision this law shall enter into force the day after being published in the official bulletin of the Principality of Andorra.
Casa de la Vall, 3 June 2014 Vicenç Mateu Zamora Syndic General Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.
Joan Enric Vives Sicília François Hollande Bishop of Urgell, President of the French Republic Co-prince of Andorra Co-prince of Andorra