The Housing Grants (Assessment of Contributions) (Scotland) Regulations 2003

Circumstances where a person is to be treated as responsible for another person

27.—(1) Subject to the following provisions of this regulation a person shall be treated as responsible for another person who is normally living with that person who is–

(a) below the age of sixteen; or

(b) aged sixteen or above but below the age of 21 and in a full time course of education; or

(c) aged 21 if aged 20 at the beginning of the academic year of the full time course of education in which the person is engaged.

(2) A person shall be treated for the purposes of paragraph (1) as normally living with–

(a) the person who is receiving child benefit in respect of that person;

(b) if there is no such person and where only one claim for child benefit has been made in respect of that person, the person who made that claim;

(c) the person whose means could have been taken into account for the purposes of determining a student loan in respect of that person provided under the Education (Student Loans) (Scotland) Regulations 1999(1); or

(d) in any other case the person who has the primary responsibility for that person.

(3) In this regulation “full-time course of education” means a course of education requiring attendance for 24 weeks or more during any period of one year–

(a) provided by an institution within the higher education sector; or

(b) provided by

(i) a school; or

(ii) a college of further education,

involving more than 16 hours per week of programmed learning, which may consist of any combination of–

(aa) classroom-based learning;

(bb) workshop-based learning; or

(cc) use of structured learning packages supported by teaching staff.

(1)

S.I. 1999/1001.