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The Education (Student Support) Regulations 2008

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Split contributions – independent eligible students

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12.—(1) This paragraph does not apply in respect of a 2008 cohort student and any references in this paragraph to a child or an eligible student do not include a 2008 cohort student.

(2) Where a contribution is payable under paragraph 8 or 9 in relation to an independent eligible student with a partner, the contribution is payable in accordance with the following sub-paragraphs—

(a)for any year in which a statutory award other than an award referred to in paragraph (b) of this sub-paragraph is held by the independent eligible student’s partner, the contribution payable in respect of the independent eligible student is such proportion of any contribution calculated under paragraph 8 or 9 as the Secretary of State after consultation with any other authority involved considers just;

(b)subject to the following sub-paragraphs, for any year in which an award payable under these Regulations, the Education (Mandatory Awards) Regulations 2003 or section 63 of the Health Services and Public Health Act 1968 (and no other statutory award) is held by the independent eligible student’s partner, the contribution payable in respect of the independent eligible student is an amount equal to half the contribution calculated under paragraph 8 or 9;

(c)if, as a result of the apportionment under paragraph (b) of this sub-paragraph, the contribution calculated would not be extinguished by applying it in respect of the independent eligible student’s statutory award, the remainder of the contribution is instead applied to the relevant statutory award of his partner if they are both old system students or if they are both current system students.

(3) Subject to sub-paragraph (4), there is added to a parent student’s residual income for the purpose of calculating the contribution to his statutory award any sum remaining—

(a)where the parent student is the parent of only one eligible student and the contribution payable in respect of that eligible student is greater than the statutory award in respect of that eligible student, the difference between that contribution and that statutory award; or

(b)where a parent student is the parent of more than one eligible student, any sum remaining after the apportionment of the contribution to his children under this Schedule.

(4) Where a parent student has a partner who is also an eligible student and whose income is taken into account in assessing the contribution in relation to the children in sub-paragraph (3), half of the sum calculated under sub-paragraph (3) is added to the parent student’s residual income.

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