The Education (Student Support) (Wales) Regulations 2012

Grants for dependants — interpretation E+W

35.—(1) In regulations 31 to 34—

(a) subject to paragraph (4), “adult dependant” (“dibynnydd mewn oed”) means, in relation to an eligible student, an adult person dependent on the eligible student other than the eligible student’s child, the eligible student’s partner (including a spouse or civil partner from whom the Welsh Ministers consider the eligible student is separated) or the eligible student’s former partner;

(b) “child” (“plentyn”) in relation to an eligible student includes any child of the eligible student’s partner who is dependent on the eligible student and any child for whom the eligible student has parental responsibility who is dependent on the eligible student;

(c) “dependant” (“dibynnydd”) means, in relation to an eligible student, the eligible student’s partner, the eligible student’s dependent child or an adult dependant, who in each case is not an eligible student and does not hold a statutory award;

(d) “dependent” (“dibynnol”) means wholly or mainly financially dependent;

(e) “dependent child” (“plentyn dibynnol”) means, in relation to an eligible student, a child dependent on the eligible student;

(f) “lone parent” (“rhiant unigol”) means an eligible student who does not have a partner and who has a dependent child;

(g) “net income” (“incwm net”) has the meaning given in paragraph (6);

(h) subject to sub-paragraphs (i), (j), (k) and paragraphs (2) and (3), “partner” (“partner”) 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 the person were the eligible student’s spouse where an eligible student falls within paragraph 2(1)(a) of Schedule 5 and began the designated course on or after 1 September 2000;

(iv) a person ordinarily living with an eligible student as if the person were the eligible student’s civil partner where an eligible student falls within paragraph 2(1)(a) of Schedule 5 and began the designated course on or after 1 September 2005;

(i) unless otherwise indicated, a person who would otherwise be a partner under sub-paragraph (h) is not treated as a partner if—

(i) in the opinion of the Welsh Ministers, that person and the eligible student are separated; or

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

(j) for the purposes of the definition of “adult dependant” (“dibynnydd mewn oed”), a person is to be treated as a partner if the person would be a partner under sub-paragraph (h) but for the fact that the eligible student with whom the person is ordinarily living does not fall within paragraph 2(1)(a) of Schedule 5;

(k) for the purposes of the definitions of “child” (“plentyn”) and “lone parent” (“rhiant unigol”), a person is to be treated as a partner if the person would be a partner under sub-paragraph (h) but for the date on which the eligible student began the specified designated course or the fact that the eligible student with whom the person is ordinarily living does not fall within paragraph 2(1)(a) of Schedule 5.

(2) For the purposes of regulation 33—

(a) paragraph (1)(i) does not apply; and

(b) a person is to be treated as a partner if the person would be a partner under paragraph (1)(h) but for the fact that the eligible student with whom the person is ordinarily living does not fall within paragraph 2(1)(a) of Schedule 5.

(3) For the purposes of determining whether a person is the former partner of an eligible student’s partner, “partner” (“partner”) in relation to an eligible student’s partner means—

(a) the spouse of an eligible student’s partner;

(b) the civil partner of an eligible student’s partner:

(c) where the eligible student began the specified designated course on or after 1 September 2000, a person (“A”) ordinarily living with an eligible student’s partner (“B”) as if A were B’s spouse;

(d) where the eligible student began the specified designated course on or after 1 September 2005, a person (“A”) ordinarily living with an eligible student’s partner (“B”) as if A were B’s civil partner.

(4) Subject to paragraph (5), for the purposes of the definitions of “adult dependant” (“dibynnydd mewn oed”) and “dependent child” (“plentyn dibynnol”), the Welsh Ministers may treat an adult person or child as dependent on an eligible student if they are satisfied that the adult person or child—

(a) is not dependent on only—

(i) the eligible student; or

(ii) the eligible student’s partner; but

(b) is dependent on the eligible student and the eligible student’s partner together.

(5) The Welsh Ministers must not treat an adult person (“A”) as dependent on an eligible student in accordance with paragraph (4), if A is—

(a) the spouse or civil partner of the eligible student’s partner (including a spouse or civil partner from whom the Welsh Ministers consider the eligible student’s partner is separated); or

(b) the former partner of the eligible student’s partner.

(6) Subject to paragraph (7), a dependant’s net income is the dependant’s income from all sources for the academic year in question reduced by the amount of income tax and social security contributions payable in respect of it but disregarding—

(a) any pension, allowance or other benefit paid by reason of a disability or incapacity to which the dependant is subject;

(b) child benefit payable under Part IX of the Social Security Contributions and Benefits Act 1992(1);

(c) any financial support payable to the dependant by a local authority in accordance with regulations made under sections 2, 3 and 4 of the Adoption and Children Act 2002(2);

(d) any guardian’s allowance to which the dependant is entitled under section 77 of the Social Security Contributions and Benefits Act 1992;

(e) in the case of a dependant with whom a child being looked after by a local authority is boarded out, any payment made to that dependant in pursuance of section 23 of the Children Act 1989(3);

(f) any payment made to the dependant under section 23C(5A) of the Children Act 1989(4);

(g) any payments made to the dependant under section 15 of and Schedule 1 to the Children Act 1989 in respect of a person who is not the dependant’s child or any assistance given by a local authority pursuant to section 24 of that Act(5); and

(h) any child tax credit to which the dependant is entitled under Part I of the Tax Credits Act 2002(6).

(7) Where an eligible student or the eligible student’s partner makes any recurrent payments which were previously made by the eligible student in pursuance of an obligation incurred before the first academic year of the eligible student’s course, the eligible student’s partner’s net income is the net income calculated in accordance with paragraph (6) reduced by—

(a) an amount equal to the payments in question for the academic year, if in the opinion of the Welsh Ministers, the obligation had been reasonably incurred; or

(b) such lesser amount, if any, as the Welsh Ministers consider appropriate if, in their opinion, a lesser obligation could reasonably have been incurred.

(8) For the purposes of paragraph (6), where the dependant is a dependent child and payments are made to the eligible student towards the dependent child’s maintenance, those payments are to be treated as the dependent child’s income.

Commencement Information

I1 Reg. 35 in force at 4.1.2013, see reg. 1(2)

(1)

1992 c. 4 to which there are amendments not relevant to these Regulations.

(2)

2002 c. 38.

(3)

1989 c. 41. Section 23 was amended by the Courts and Legal Services Act 1990 (c. 41), Schedule 16, paragraph 12, the Care Standards Act 2000 (c. 14), Schedule 4, paragraph 14, the Children Act 2004 (c. 31), section 49(3) and the Children and Young Persons Act 2008 (c. 23), section 39 and Schedule 3, paragraphs 1 and 7.

(4)

Subsections (5A) to (5C) of section 23C of the Children Act 1989 were inserted, in relation to England, by section 21 of the Children and Young Persons Act 2008 and S.I. 2009/268 and S.I. 2009/ 2273 refer. Subsections (5A) to (5C)) were inserted into section 23C in relation to Wales and S.I. 2010/1329 (W. 112) (C.81) and S.I. 2011/824 (W. 123) (C. 32) refer.

(5)

There are amendments to sections 15 and 24 and Schedule 1 which are not relevant to these Regulations.

(6)

2002 c. 21 to which there are amendments not relevant to these Regulations.