The Education (Student Support) (Wales) Regulations 2017

Grants for dependants - interpretation E+W

30.—(1) In regulations 26 to 29—

(a) subject to paragraph (5), “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) “financial year” (“blwyddyn ariannol”) means the period of twelve months in respect of which the income of a dependant (whose income is calculated under regulations 26 to 29) is computed for the purposes of the income tax legislation which applies to it;

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

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

(i) “net income” (“incwm net”) has the meaning given in paragraph (7);

(j) subject to sub-paragraphs (p), (q), (r) and paragraphs (3) and (4), “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;

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

(l) “prior financial year” (“blwyddyn ariannol gynharach”) means the financial year immediately preceding the preceding financial year;

(m) “relevant year” (“blwyddyn berthnasol”) means the academic year of the present course in respect of which the eligible student’s dependant’s income falls to be assessed;

(n) “residual income” (“incwm gweddilliol”) means taxable income after the application of paragraph (10) (in the case of an eligible student’s partner) or paragraph (11) (in the case of an eligible student’s adult dependant);

(o) “taxable income” (“incwm trethadwy”) means, in respect of the prior financial year—

(i) the total income on which a person is charged to income tax as determined at Step 1 of the calculation in section 23 of the Income Tax Act 2007(1), together with any payments and other benefits mentioned in section 401(1) of the Income Tax (Earnings and Pensions) Act 2003(2) (ignoring section 401(2) of that Act), received or treated as received by a person, to the extent that they are not a component of the total income on which a person is charged to income tax;

(ii) a person’s total income from all sources as determined for the purposes of 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, a person’s total income from all sources as determined for the purposes of the income tax legislation under which the Welsh Ministers consider that a person’s total income in that period is greatest,

except that no account is taken of the income referred to in paragraph (2) which is paid to another [F1 party;]

[F2 (p)] unless otherwise indicated, a person who would otherwise be a partner under sub-paragraph (j) 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;

[F3 (q)] 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 (j) 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;

[F4 (r)] 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 (j) 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) The income referred to in this paragraph is any benefits under a pension arrangement pursuant to an order made under section 23 of the Matrimonial Causes Act 1973(3) which includes provision made by virtue of sections 25B(4) and 25E(3) of that Act or pension benefits under Part 1 of Schedule 5 to the Civil Partnership Act 2004(4) which includes provision made by virtue of Parts 6 and 7 of that Schedule.

(3) For the purposes of [F5 regulation 27 ] —

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

(b) a person is to be treated as a partner if the person would be a partner under paragraph (1)(j) 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.

(4) 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.

(5) Subject to paragraph (6), 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.

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

(7) A dependant’s net income is the dependant’s income from all sources (for the relevant year for the purposes of regulation 26(2)(b) and for the prior financial year for the purposes of regulation 29(2)) 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(5);

(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(6);

(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(7) or section 81 of the Social Services and Well-being (Wales) Act 2014(8);

(f) any payment made to the dependant under section 110(6) of the Social Services and Well-being (Wales) Act 2014 or, as the case may be section 23C(5A) of the Children Act 1989(9);

(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(10), or section 104 of the Social Services and Well-being (Wales) Act 2014 in so far as that section applies to category 5 and 6 young persons within the meaning of that Act;

(h) any child tax credit to which the dependant is entitled under Part I of the Tax Credits Act 2002(11); and

(i) in the case of a dependant who is entitled to an award of universal credit—

(i) any amount that is included in the calculation of the award under regulation 27(1) of the Universal Credit Regulations 2013, in respect of the fact that the dependant has limited capability for work or limited capability for work and work related activity; and

(ii) any amount or additional amount that is included in the calculation of the award under regulation 20 of those Regulations (the child element).

(8) 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 residual income is 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.

(9) For the purposes of paragraph (7), 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.

(10) An eligible student’s partner’s residual income is determined in accordance with paragraph 6 of Schedule 5.

(11) An eligible student’s adult dependant’s residual income is determined in accordance with paragraph 5 of Schedule 5 (other than sub-paragraphs (8), (9) or (10) of paragraph 5) with references to the parent being construed as references to the eligible student’s adult dependant.

Textual Amendments

F1 Word in reg. 30(1)(o) substituted (12.3.2018) by The Education (Student Support) (Wales) Regulations 2018 (S.I. 2018/191), reg. 1(2), Sch. 6 para. 8(a) (with reg. 2(2)(3))

F2 Reg. 30(1)(a) renumbered as reg. 30(1)(p) (12.3.2018) by The Education (Student Support) (Wales) Regulations 2018 (S.I. 2018/191), reg. 1(2), Sch. 6 para. 8(b)(i) (with reg. 2(2)(3))

F3 Reg. 30(1)(b) renumbered as reg. 30(1)(q) (12.3.2018) by The Education (Student Support) (Wales) Regulations 2018 (S.I. 2018/191), reg. 1(2), Sch. 6 para. 8(b)(ii) (with reg. 2(2)(3))

F4 Reg. 30(1)(c) renumbered as reg. 30(1)(r) (12.3.2018) by The Education (Student Support) (Wales) Regulations 2018 (S.I. 2018/191), reg. 1(2), Sch. 6 para. 8(b)(iii) (with reg. 2(2)(3))

F5 Word in reg. 30(3) substituted (12.3.2018) by The Education (Student Support) (Wales) Regulations 2018 (S.I. 2018/191), reg. 1(2), Sch. 6 para. 8(c) (with reg. 2(2)(3))

Commencement Information

I1 Reg. 30 in force at 17.2.2017, see reg. 1(2)

(1)

2007 c. 3; section 23 was amended by the Finance Act 2009 (c. 10), Schedule 1, paragraph 6(o)(i), the Finance Act 2013 (c. 29), Schedule 3, paragraph 2(2) and the Finance Act 2014 (c. 26), Schedule 17, paragraph 19..

(2)

2003 c. 1; section 401 was amended by S.I. 2005/3229, S.I. 2011/1037 and S.I. 2014/211.

(3)

1973 c. 18, section 23 was amended by the Administration of Justice Act 1982 (c. 53), section 16 and by the Matrimonial and Family Proceedings Act 1984 (c. 42), section 21.

(4)

2004 c. 33, Schedule 5 was amended by the Crime and Courts Act 2013 (c.22), section 17 and Schedule 11.

(5)

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

(6)

2002 c. 38. Section 2 was amended S.I. 2016/413 (W. 131). Section 4 was amended by S.I. 2010/1158 and S.I. 2013/160 (C. 9).

(7)

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), the Children and Young Persons Act 2008 (c. 23), section 39 and Schedule 3, paragraphs 1 and 7 and the Children and Families Act 2014 (c. 6), Schedule 2.

(8)

2014 anaw 4.

(9)

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.

(10)

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

(11)

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