The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020

Amendment of Schedule 5

13.  Schedule 5 (financial assessment) is amended as follows.

(a) In paragraph 1(1)(n)(1) (definitions)—

(i) in sub-paragraph (ii), for “another Member State”, substitute “a Member State”;

(ii) for sub-paragraph (iii), substitute—

“(iii) where the legislation of—

(aa) the United Kingdom and one or more Member States; or

(bb) more than one Member State

applies to the period, A’s total income from all sources as determined for the purposes of the income tax legislation under which the Department considers that A’s total income in that period is greatest (except as otherwise provided in paragraph 5),”;

(b) In paragraph 2(1)(g) (independent eligible student), after “residing outside”, insert “the United Kingdom, Gibraltar and”.

(c) In the following paragraphs, for “another Member State”, substitute “a Member State”—

(i) paragraph 4(1)(b)(2) (calculation of eligible student’s residual income);

(ii) paragraph 5(3) (calculation of parent’s residual income)—

(aa) sub-paragraph (2)(a);

(bb) sub-paragraph (6) each time it occurs;

(cc) sub-paragraph (7);

(iii) paragraph 7 (calculation of parent’s partner’s residual income)—

(aa) sub-paragraph (1)(a);

(bb) sub-paragraph (7) each time it occurs;

(cc) sub-paragraph (8).

(1)

Paragraph 1(1)(n) was substituted by S.R. 2014/209 and further amended by S.R 2020/79. 2007 c.3; section 23 was amended by the Finance Act 2009 (c.10), Schedule 1, para. 6(o)(i) and the Finance Act 2013 (c.29), Schedule 3, para. 2(2). 2003 c.1; section 401 was amended by S.I.s 2005/3229, 2011/1037 and 2014/211.

(2)

Paragraph (4)(1)(b) was amended by S.R. 2014/309. Section 188 was amended by the Finance Act 2007 (c.11), sections 68, 69 and 114 and Schedules 18, 19 and 27.

(3)

Paragraph (5) was amended by S.R. 2013/223, 2014/309, 2016/21, 2017/43, 2020/79.