The Education (Student Support) (No.2) Regulations 2008

Interpretation of regulation 137

138.—(1) For the purposes of regulation 137—

(a) subject to sub-paragraph (b), “partner” means any of the following—

(i) the spouse of an eligible part-time student;

(ii) the civil partner of an eligible part-time student;

(iii) a person ordinarily living with an eligible part-time student as if the person were the student’s spouse where an eligible part-time student is aged 25 or over on the first day of the academic year in respect of which that student is being assessed for assistance and where that student began the specified designated part-time course before 1st September 2005;

(iv) a person ordinarily living with an eligible part-time student as if the person were the student’s spouse or civil partner where an eligible part-time student begins the specified designated part-time course on or after 1st September 2005;

(b) a person who would otherwise be a partner under sub-paragraph (a) is not to be treated as a partner if—

(i) in the opinion of the Secretary of State, that person and the eligible part-time student are separated; or

(ii) the person is ordinarily living outside the United Kingdom and is not maintained by the eligible part-time student;

(c) “relevant income” has the meaning given in paragraph (2).

(2) Subject to paragraph (3), an eligible part-time student’s relevant income is equal to the student’s financial resources in the preceding financial year less—

(i) £2,000 in respect of the student’s partner;

(ii) £2,000 in respect of the only or eldest child who is dependent on the student or the student’s partner; and

(iii) £1,000 in respect of each other child who is dependent on the student or the student’s partner.

(3) Where the Secretary of State is satisfied that an eligible part-time student’s financial resources in the preceding financial year are greater than the student’s financial resources in the current financial year and that the difference between the two amounts is £1,000 or more, the Secretary of State may assess that student’s financial resources by reference to those resources in the current financial year.

(4) In this regulation—

(a) “child” in relation to an eligible part-time student includes any child of the student’s partner and any child for whom the student has parental responsibility;

(b) “current financial year” means the financial year which includes the first day of the academic year in respect of which a person is being assessed for assistance;

(c) “dependent” means wholly or mainly financially dependent;

(d) “financial year” means the period of twelve months for which the income of the eligible part-time student is computed for the purposes of the income tax legislation which applies to it;

(e) “financial resources in a financial year” means the aggregate of the student’s income for that year together with the aggregate of the income for that year of any person who at the date of the application for support is the student’s partner;

(f) “income” means gross income from all sources excluding any tax credits awarded pursuant to any claims under section 3 of the Tax Credits Act 2002;

(g) “preceding financial year” means the financial year immediately preceding the current financial year;

(h) “specified designated part-time course” means the course in respect of which the person is applying for support or, where the student’s status as an eligible part-time student has been transferred to the current designated part-time course as a result of one or more transfers of that status by the Secretary of State from a part-time course (the “initial course”) in connection with which the Secretary of State determined the student to be an eligible part-time student pursuant to regulations made under section 22 of the 1998 Act, the specified designated part-time course means the initial course.