The Education (Student Support) Regulations 2002

PART III SPOUSE'S CONTRIBUTION

Application of Part III

7.—(1) Subject to paragraph (2), a spouse’s contribution ascertained in accordance with this Part shall be applicable in the case of—

(a) every man student ordinarily living with his wife;

(b) every man student ordinarily living with a woman as his wife, if he falls within paragraph 3(1)(a) and he is on a course which began on or after 1st September 2000 unless—

(i) his course is an end-on course in relation to a course which began before 1st September 2000, or

(ii) his course is an end-on course in relation to such an end-on course as is mentioned in sub-paragraph (b)(i).

(c) every woman student ordinarily living with her husband; and

(d) every woman student ordinarily living with a man as her husband, if she falls within paragraph 3(1)(a) and she is on a course which began on or after 1st September 2000 unless

(i) her course is an end-on course in relation to a course which began before 1st September 2000, or

(ii) her course is an end-on course in relation to such an end-on course as is mentioned in sub-paragraph (d)(i).

(2) Paragraph (1) shall not apply to—

(a) a student in whose case a parental contribution is applicable in accordance with Part II; and

(b) an eligible student whose child holds an award in respect of which a parental contribution is applicable or whose child is an eligible student in respect of whom a contribution is ascertained under Part II of this Schedule.

Spouse’s contribution

8.—(1) Subject to sub-paragraphs (3) and (4), Part II above, except paragraphs 3, 4(1), (2), (3)(a) and (c), 5(4), (7), (8) and (9), and 6(2)(d), shall apply with the necessary modifications for the ascertainment of the spouse’s contribution as it applies for the ascertainment of the parental contribution, references to the parent being construed, except where the context otherwise requires, as references to the eligible student’s spouse within the meaning of paragraph 7 and, unless the context otherwise requires, this Part shall be construed as one with the said Part II.

(2) The spouse’s contribution shall be in any case in which the residual income is £17,615 or more, £45 with the addition of £1 for every complete £8 by which it exceeds £17,615, reduced in any such case by £81 in respect of each child of the eligible student who is dependent on him or his spouse on the first day of the year for which the contribution falls to be ascertained; and in any case in which the residual income is less than £17,615 the spouse’s contribution shall be nil; provided that the amount of the spouse’s contribution shall in no case exceed £6,749.

(3) This sub-paragraph applies if the eligible student marries or starts living with a person as their husband or wife within the meaning of paragraph 7 during any academic year for which the contribution falls to be ascertained. The contribution for that year shall be the fraction of the sum ascertained in accordance with the provisions of sub-paragraphs (1) and (2) of which the denominator is 52 and the numerator is the number of complete weeks between the date of the marriage or their starting to live together and whichever is the earlier of the end of that year and the end of the course.

(4) This sub-paragraph applies if the eligible student’s marriage terminates or if the student ceases living with a person as their husband or wife within the meaning of paragraph 7 during any academic year for which the contribution falls to be ascertained. The contribution for that year shall be the fraction of the sum ascertained in accordance with the provisions of sub-paragraphs (1) and (2) of which the denominator is 52 and the numerator is the number of complete weeks between the beginning of that year and the termination of the marriage or their ceasing to live together.

(5) In accordance with the provisions of this Part, more than one contribution may be applicable in any academic year.