This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
25.—(1) Subject to paragraph (2), a case shall constitute a case for the purposes of paragraph 5(1) of Schedule 4B to the Order where the Department is satisfied that the current maintenance assessment is based upon a level of income of the non-applicant which is substantially lower than the level of income required to support the overall life-style of that non-applicant.
(2) Paragraph (1) shall not apply where—
(a)income support or income-based jobseeker’s allowance is paid to or in respect of the non-applicant;
(b)the Department is satisfied that the life-style of the non-applicant is paid for—
(i)out of capital belonging to him, or
(ii)by his partner unless the non-applicant is able to influence or control the amount of income received by that partner.
(3) Where the Department is satisfied in a particular case that the provisions of paragraph (1) would apply but for the provisions of paragraph (2)(b)(ii), it may, whether or not any application on that ground has been made, consider whether the case falls within regulation 27.
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.
