The Education Maintenance Allowances (Scotland) Regulations 2007

Amount of education maintenance allowances

4.—(1) The amount of an education maintenance allowance shall be determined by the Scottish Ministers and may include sums in respect of the maintenance of the holder during periods of full time study excluding vacations.

(2) In determining the amount of an education maintenance allowance, the Scottish Ministers may take account of the sums, if any, which in their opinion the holder of the education maintenance allowance, the holder’s parents and the holder’s spouse or the holder’s civil partner can reasonably be expected to contribute towards the holder’s expenses.

(3) The amount of an education maintenance allowance may be revised at any time if the Scottish Ministers think fit having regard to–

(a) the failure of the holder of the education maintenance allowance to comply with the conditions of the education maintenance allowance;

(b) all the circumstances of that holder, their parents and their spouse or civil partner; or

(c) any error made in the computation of the amount of the education maintenance allowance.

(4) In paragraphs (2) and (3)–

(a) “holder’s spouse” shall, where the Scottish Ministers consider it appropriate, include the other member of a couple who are not married to each other but who are living together as husband and wife; and

(b) “holder’s civil partner” shall, where the Scottish Ministers consider it appropriate, include the other member of a couple who are not civil partners of each other but who are living together as civil partners to each other.