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The Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2006

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Definitions

1.  In this Schedule:—

(a)“existing student” (“myfyriwr presennol”) means an eligible student who is not a new eligible student;

(b)“financial year” (“blwyddyn ariannol”) means the period of twelve months in respect of which the income of a person whose residual income is calculated under the provisions of this Schedule is computed for the purposes of the income tax legislation which applies to it;

(c)“household income” (“incwm yr aelwyd”, “incwm aelwyd”, “incwm sydd gan yr aelwyd”) has the meaning given in paragraph 3;

(d)“independent eligible student” (“myfyriwr annibynnol cymwys”) has the meaning given in paragraph 2;

(e)“independent old system student” (“myfyriwr cymwys dan yr hen drefn”) means an eligible student—

(i)who is an old system eligible student; and

(ii)who does not have a partner;

(f)“Member State” (“Aelod-wladwriaeth”) means a Member State of the European Union;

(g)“new eligible student” (“myfyriwr cymwys newydd”) means an eligible student who begins a designated course on or after 1 September 2004;

(h)“parent” (“rhiant”) means a natural or adoptive parent and “child” (“plentyn”), “mother” (“mam”) and “father” (“tad”) is construed accordingly;

(i)“parent student” (“myfyriwr sy'n rhiant”) means an eligible student who is the parent of an eligible student;

(j)“partner” (“partner”) in relation to an eligible student means any of the following—

(i)the spouse of an eligible student;

(ii)the civil partner of an eligible student;

(iii)a person ordinarily living with an eligible student as if he or she were his or her spouse where an eligible student falls within paragraph 2(a) and he begins the designated course on or after 1 September 2000;

(iv)a person ordinarily living with an eligible student as if he or she were his or her civil partner where an eligible student falls within paragraph 2(a) and he or she begins the designated course on or after 1st September 2005;

(k)“partner” (“partner”) in relation to the parent of an eligible student means any of the following other than another parent of the eligible student—

(i)the spouse of an eligible student’s parent;

(ii)the civil partner of an eligible student’s parent;

(iii)a person ordinarily living with the parent of an eligible student as if he or she were his or her spouse;

(iv)a person ordinarily living with the parent of an eligible student as if he or she were the parent’s civil partner;

(l)“preceding financial year” (“blwyddyn ariannol flaenorol”) means the financial year immediately preceding the relevant year;

(m)“relevant year” (“blwyddyn berthnasol”) means the academic year in respect of which the household income falls to be assessed;

(n)“residual income” (“incwm gweddilliol”) means taxable income after the application of paragraph 4 (in the case of an eligible student), paragraph 5 (in the case of an eligible student’s parent), paragraph 6 (in the case of an eligible student’s partner) or paragraph 7 (in the case of the partner of a new eligible student’s parent);

(o)“taxable income” (“incwm trethadwy”) means, in relation to paragraph 4, in respect of the academic year for which an application has been made under regulation 9 and, in relation to paragraph 5, in respect (subject to sub-paragraphs (3), (4) and (5) of paragraph 5) of the preceding financial year, a person’s taxable income from all sources computed as for the purposes of—

(i)the Income Tax Acts;

(ii)the income tax legislation of another Member State which applies to the person’s income; or

(iii)where the legislation of more than one Member State applies to the period, the legislation under which the National Assembly considers the person will pay the largest amount of tax in that period (except as otherwise provided in paragraph 5).

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