The Education (European Institutions) and Student Support (Wales) Regulations 2013

Grant for dependants — interpretation E+W

28.—(1) For the purposes of regulations 25 to 27—

(a) “adult dependant” (“dibynnydd mewn oed”) means, in relation to a student, an adult who is dependent on the student, other than the student’s child, the student’s partner (including a spouse or civil partner from whom the Welsh Ministers consider the student is separated) or the student’s former partner;

(b) “child” (“plentyn”) in relation to a student includes any child of the student’s partner who is dependent on the student and any child for whom the student has parental responsibility and who is dependent on the student;

(c) “dependant” (“dibynnydd”) means, in relation to a student, the student’s partner, the 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 student;

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

(g) “net income” (“incwm net”) has the meaning given in paragraph (2) as may be reduced in accordance with paragraph (3);

(h) subject to sub-paragraphs (i) and (j), “partner” (“partner”) means any of the following—

(i) a spouse;

(ii) a civil partner;

(iii) a person ordinarily living with a student as if that person were the student’s spouse where that student was aged 25 or over at the relevant date;

(iv) a person ordinarily living with a student as if that person were the student’s civil partner where that student was aged 25 or over at the relevant date;

(i) for the purposes of the definition of “adult dependant”, a person is to be treated as a partner if the person would be a partner under sub-paragraph (h) but for the fact that the student with whom the person is living was not aged 25 or over at the relevant date;

(j) for the purposes of the definitions of “child” and “lone parent”, a person is to be treated as a partner if the person would be a partner under sub-paragraph (h) but for the fact that the student with whom the person is ordinarily resident was not aged 25 or over at the relevant date;

(k) “prior financial year” (“blwyddyn ariannol flaenorol”) has the meaning given in paragraph 1(1) of Schedule 2.

(2) Subject to paragraph (3), a dependant’s net income is their taxable income from all sources for the prior financial year 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(1);

(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(2);

(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 for the purposes of section 23 of the Children Act 1989(3);

(f) any payment made to the dependant under section 23C(5A) of the Children Act 1989(4);

(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(5); and

(h) any child tax credit to which the dependant is entitled under Part 1 of the Tax Credits Act 2002(6).

(3) Where a student’s partner makes any recurrent payments which were previously made by the student in pursuance of an obligation incurred before the relevant date, the student partner’s net income is taxable income calculated in accordance with paragraph (2) 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 has 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.

(4) For the purposes of paragraph (2), payments are to be treated as the child’s income where—

(a) the dependant is a dependent child; and

(b) payments are made to the student towards the child’s maintenance.

Commencement Information

I1 Reg. 28 in force at 23.4.2013, see reg. 2

(1)

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

(2)

2002 c. 38.

(3)

1989 c. 41. Section 23 was amended by the Courts and Legal Services Act 1990 (c. 41), Schedule 16, paragraph 12; Care Standards Act 2000 (c. 14), Schedule 4, paragraph 14; by the Children Act 2004 (c. 31), section 49(3); and by the Children and Young Persons Act 2008 (c. 23) section 39 and Schedule 3.

(4)

Subsections (5A) to (5C) of section 23C of the Children Act 1989 were inserted by section 21 of the Children and Young Persons Act 2008.

(5)

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

(6)

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