6.—(1) Subject to sub-paragraphs [F1(2) and (3)], an eligible student’s partner’s [F2residual] income is determined in accordance with paragraph 5 (other than sub-paragraphs [F3(3)(b) and (c), (3A)(b) and (c), (8), (9) and (10)] of paragraph 5), references to the parent being construed as references to the eligible student’s partner.
(2) Where the Department determines that the eligible student and the student’s partner are separated for the duration of the relevant year, the partner’s [F4residual] income is not taken into account in determining the household income.
(3) Where the Department determines that the eligible student and the student’s partner have separated in the course of the relevant year, the partner’s [F5residual] income is determined by reference to the partner’s [F5residual] income under sub-paragraph (1) divided by fifty-two and multiplied by the number of complete weeks in the relevant year for which the Department determines that the eligible student and the student’s partner are not separated.
F6(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in Sch. 5 para. 6(1) substituted (4.6.2020) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/79), regs. 1(1), 5(c)(i)(aa)
F2Word in Sch. 5 para. 6(1) inserted (4.6.2020) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/79), regs. 1(1), 5(c)(i)(bb)
F3Words in Sch. 5 para. 6(1) substituted (4.6.2020) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/79), regs. 1(1), 5(c)(i)(cc)
F4Word in Sch. 5 para. 6(2) inserted (4.6.2020) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/79), regs. 1(1), 5(c)(ii)
F5Word in Sch. 5 para. 6(3) inserted (4.6.2020) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/79), regs. 1(1), 5(c)(iii)
F6Sch. 5 para. 6(4) omitted (4.6.2020) by virtue of The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/79), regs. 1(1), 5(c)(iv)
Commencement Information
I1Sch. 5 para. 6 in operation at 17.12.2009, see reg. 1(1)