The Education (Student Support) Regulations 2005

Modifications applying while the Civil Partnership Act 2004 is not in force

55.—(1) During such time as section 1 of the Civil Partnership Act 2004 is not in force in England and Wales, these Regulations shall apply with the following modifications.

(2) The following provisions shall not have effect—

(a) regulation 21(1)(g)(ii);

(b) regulation 37(8)(f)(ii);

(c) Schedule 5, paragraphs 1(i)(ii) and 1(j)(ii).

(3) No account shall be taken of any reference to “civil partner” or “civil partnership” in the following provisions—

(a) regulation 2(3);

(b) regulation 9(2)(b);

(c) regulation 11(16)(b);

(d) regulation 13(8)(b);

(e) regulation 21(1)(a);

(f) regulation 24(5)(b);

(g) regulation 34(14)(b);

(h) regulation 39(3)(b);

(i) Schedule 2, paragraphs 2, 3 and 5;

(j) Schedule 5, paragraph 2(b).

(4) For regulation 21(1)(g)(v), there shall be substituted—

“(v) a person ordinarily living with an eligible student in circumstances where, were he of the opposite sex to the eligible student, he would be ordinarily living with the eligible student as if he were his husband or wife where an eligible student falls within paragraph 2(a) of Schedule 5 and begins the designated course on or after 1st September 2005;”.

(5) For regulation 37(8)(f)(v), there shall be substituted—

“(v) a person ordinarily living with an eligible part-time student as if he were his spouse or in circumstances where, were he of the opposite sex to the eligible part-time student, he would be ordinarily living with the eligible part-time student as if he were his husband or wife where an eligible part-time student begins the designated part-time course on or after 1st September 2005;”.

(6) For paragraph 1(i)(v) of Schedule 5, there shall be substituted—

“(v) a person ordinarily living with an eligible student in circumstances where, were he of the opposite sex to the eligible student, he would be ordinarily living with the eligible student as if he were his husband or wife where an eligible student falls within paragraph 2(a) and he begins the designated course on or after 1st September 2005;”.

(7) For paragraph 1(j)(v) of Schedule 5, there shall be substituted—

“(v) a person ordinarily living with the parent of an eligible student in circumstances where, were he of the opposite sex to the parent, he would be ordinarily living with the parent as if he were his husband or wife;”.