The Education (Student Support) (College of Europe) Regulations 2010

1.—(1) In this Schedule—

“financial year” means the period of twelve months in respect of which the income of a person whose residual income is calculated under the provisions of Part 2 of this Schedule is computed for the purposes of the income tax legislation which applies to it;

“household income” has the meaning given in paragraph 2;

“parent” means a natural or adoptive parent and “child”, “mother” and “father” shall be construed accordingly;

“parent student” means a student of the College who is the parent of a student of the College;

“partner” in relation to a student means any of the following—

(a)

the spouse of the student;

(b)

the civil partner of the student;

(c)

a person ordinarily living with the student (“A”) as if that person were A’s spouse where A was aged 25 or over at the start of the academic year;

(d)

a person ordinarily living with the student (“A”) as if that person were A’s civil partner where A was aged 25 or over at the start of the academic year;

“partner” in relation to the parent of a student means any of the following—

(a)

the spouse of the student’s parent;

(b)

the civil partner of the student’s parent;

(c)

a person ordinarily living with the student’s parent as if that person were the parent’s spouse;

(d)

a person ordinarily living with the student’s parent as if that person were the parent’s civil partner;

“preceding financial year” means the financial year immediately preceding the academic year;

“residual income” means taxable income after the application of paragraph 3 (in the case of a student), paragraph 4 (in the case of a student’s parent), paragraph 5 (in the case of a student’s partner), paragraph 6 (in the case of the partner of a student’s parent) and income referred to in sub-paragraph (2) received net of income tax;

“taxable income” means, in relation to paragraph 3, in respect of the academic year and, in relation to paragraph 4, in respect (subject to sub-paragraphs (3) and (4) of paragraph 4) of the preceding financial year, a person’s taxable income from all sources computed as for the purposes of—

(a)

the Income Tax Acts;

(b)

the income tax legislation of another EEA State or Switzerland which applies to a person’s income;

(c)

where the legislation of more than one EEA State or of an EEA State and Switzerland applies to the period, the legislation under which the Secretary of State considers the person will pay the largest amount of tax in that period,

except that no account is taken of income referred to in sub-paragraph (2) paid to another party.

(2) The income referred to in this sub-paragraph is any benefits under a pension arrangement pursuant to an order made under section 23 of the Matrimonial Causes Act 1973(1) which includes provision made by virtue of sections 25B(4) and 25E(2) of that Act or pension benefits under Part 1 of Schedule 5 to the Civil Partnerships Act 2004(2) which includes provision made by virtue of Parts 6 and 7 of that Schedule.

(3) An “independent eligible student” is a student (“A”) where—

(a) A is aged 25 or over on the first day of the academic year;

(b) A is married or in a civil partnership before the beginning of the academic year, whether or not the marriage or civil partnership is still subsisting;

(c) A has no parent living;

(d) the Secretary of State is satisfied that neither of A’s parents can be found or that it is not reasonably practicable to get in touch with either of them;

(e) A has communicated with neither parent for the period of one year before the beginning of the academic year or, in the opinion of the Secretary of State, A can demonstrate on other grounds that A is irreconcilably estranged from A’s parents;

(f) A has been provided with accommodation by, or A has pursuant to an order of a competent court been in the custody or care of, any legal person who is not A’s parent throughout any three-month period ending on or after the date on which A attains the age of 16 and before the first day of the course (“the relevant period”) (provided that A has not in fact at any time during the relevant period been under the charge or control of A’s parents);

(g) A’s parents are residing outside of the European Union and the Secretary of State is satisfied that either—

(i) the assessment of the household income by reference to their residual income would place those parents in jeopardy; or

(ii) it would not be reasonably practicable for those parents as a result of the calculation of any contribution under paragraph 7 to send any relevant funds to the United Kingdom;

(h) where paragraph 4(8) applies and the parent whom the Secretary of State considered the more appropriate for the purposes of that paragraph has died (irrespective of whether the parent in question has a partner);

(i) A is a member of a religious order who resides in a house of that order;

(j) as at the first day of the academic year, A has the care of a person under the age of 18; or

(k) A has been self-supported out of A’s earnings for any period or periods ending before the academic year of the course which periods together aggregate not less than three years, and for the purposes of this paragraph A is to be treated as self-supported out of A’s earnings during any period in which—

(i) A is participating in arrangements for training for the unemployed under any scheme operated by, sponsored or funded by any state authority or agency, whether national, regional, or local (“relevant authority”);

(ii) A was in receipt of benefit payable by any relevant authority in respect of a person who is available for employment but is unemployed;

(iii) A was available for employment and complied with any requirement of registration imposed by a relevant authority as a condition of entitlement for participation in arrangements for training or receipt of benefits;

(iv) A held a State Studentship or other comparable award;

(v) A received any pension, allowance or other benefit paid by any person by reason of a disability to which he is subject, or by reason of confinement, injury or sickness.

(4) Any student who qualifies as an independent eligible student under sub-paragraph (3)(j) in respect of the academic year of a designated course retains that status for the duration of the period of eligibility.

(1)

1973 c.18; section 23 was amended by the Administration of Justice Act 1982 (c.53), section 16. Section 25B was inserted by the Pensions Act 1995 (c.26), section 166(1) and was amended by the Welfare Reform and Pensions Act 1999 (c.30), Schedule 4. Section 25E was inserted by the Pensions Act 2004 (c.35), section 319(1), Schedule 12, paragraph 3.

(2)

2004 c.33; paragraph 25 of Schedule 5 was modified by S.I. 2006/1934.