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

PART 1 E+W

Interpretation E+W

1.—(1) In this Schedule—

“EEA State” (“Gwladwriaeth AEE”) has the meaning given by paragraph 1 of Part 1 of Schedule 1;

“household income” (“incwm yr aelwyd”, “incwm sydd gan yr aelwyd”) has the meaning given in paragraph 2(2);

“independent eligible student” (“myfyriwr cymwys annibynnol”) has the meaning given in sub-paragraph (2);

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

“partner” (“partner”) means:

(a)

in relation to a student any of the following—

(i)

the spouse of the student;

(ii)

the civil partner of the student;

(iii)

a person ordinarily living with the student as the student’s spouse where the student is aged 25 or over on the relevant date;

(iv)

a person ordinarily living with the student as the student’s civil partner where the student is aged 25 or over on the relevant date;

(b)

in relation to the parent of a student any of the following other than another parent of the student—

(i)

the spouse of the student’s parent;

(ii)

the civil partner of the student’s parent;

(iii)

a person ordinarily living with the parent of the student as the parent’s spouse;

(iv)

a person ordinarily living with the parent of the student as the parent’s civil partner;

“prior financial year” (“blwyddyn ariannol flaenorol”) means the tax year immediately preceding the tax year which ended immediately before the relevant date;

“relevant tax year” (“blwyddyn dreth berthnasol”) means a tax year in respect of which a person’s income falls to be assessed for the purposes of these Regulations;

“residual income” (“incwm gweddilliol”) means:

(a)

in respect of persons other than independent eligible students, taxable income in respect of the prior financial year;

(b)

in respect of independent eligible students, taxable income in respect of the academic year in respect of which support is awarded,

after application of and subject to paragraph 3 in the case of a student, paragraph 4 in the case of a student’s parent and paragraph 5 in the case of a student’s partner;

“student” (“myfyriwr”) means a College of Europe student who is awarded support;

“tax year” (“blwyddyn dreth”) means a period of twelve months in respect of which the income of a person is computed for the purposes of the income tax legislation which applies to it;

“taxable income” (“incwm trethadwy”) means a person’s taxable income from all sources computed as for the purposes of—

(a)

the Income Tax Acts(1);

(b)

the income tax legislation of another EEA State or Switzerland which applies to the person’s income;

(c)

where the legislation of more than one EEA State or of an EEA State and Switzerland applies to the period, the legislation under which the Welsh Ministers consider the person paid or will pay the largest amount of tax in that period (except as otherwise provided in paragraph 4).

(2) An “independent eligible student” (“myfyriwr cymwys annibynnol”) is a student—

(a) who is aged 25 or over on the relevant date;

(b) who was married or in a civil partnership before the relevant date, whether or not the marriage or civil partnership is still subsisting;

(c) who has no parent living;

(d) in respect of whom the Welsh Ministers are satisfied that neither parent can be found or that it is not reasonably practicable to get in touch with either of them;

(e) who has not communicated with either parent for the period of one year before the relevant date or, in the opinion of the Welsh Ministers, can demonstrate on other grounds that the student is irreconcilably estranged from the student’s parents;

(f) who has been looked after by a local authority within the meaning of section 22 of the Children Act 1989(2), throughout any three-month period ending on or after the date on which the student attained the age of 16 and before the relevant date (“the relevant period”) (provided that the student has not in fact at any time during the relevant period been under the charge or control of their parents);

(g) whose parents reside outside the European Union and the Welsh Ministers are satisfied that either—

(i) the assessment of the household income by reference to their residual income would place those parents in jeopardy; or

(ii) it would not be reasonably practicable for those parents as a result of the calculation of any contribution under paragraph 7 to send any relevant funds to the United Kingdom;

(h) (where paragraph 4(9) applies) whose parent which the Welsh Ministers considered the more appropriate for the purposes of that paragraph, has died (irrespective of whether the parent in question had a partner);

(i) who is a member of a religious order and resides in a house of that order;

(j) who as at the relevant date has the care of a person under the age of 18; or

(k) (“S” in this paragraph) who has supported S out of S’s earnings for any period or periods ending before the relevant date of in aggregate not less than three years, and for the purposes of this paragraph S is to be treated as supporting S out of S’s earnings during any period in which—

(i) S was participating in arrangements for training for the unemployed under any scheme operated by, sponsored or funded by any state authority or agency, whether national, regional or local (“relevant authority”);

(ii) S was in receipt of benefit payable by any relevant authority in respect of a person available for employment but unemployed;

(iii) S was available for employment and complied with any requirement of registration imposed by a relevant authority as a condition of entitlement for participation in arrangements for training or receipt of benefits;

(iv) S held a statutory award or other comparable award; or

(v) S received any pension, allowance or other benefit paid by any person by reason of a disability to which S is subject, or by reason of confinement, injury or sickness.

(3) Any student who qualifies as an independent eligible student under sub-paragraph (2)(j) in respect of the designated course retains that status for the duration of the student’s eligibility.

Commencement Information

I1 Sch. 2 para. 1 in force at 23.4.2013, see reg. 2

(1)

“The Income Tax Acts” is defined in Schedule 1 to the Interpretation Act 1978 (c. 30) and means all enactments relating to income tax, including any provisions of the Corporation Tax Acts which relate to income tax.

(2)

1989 c. 41; section 22 has been amended by the Children (Leaving Care) Act 2000 (c. 35), section 2, Local Government Act 2000 (c. 22), Schedule 5, paragraph 19, the Adoption and Children Act 2002 (c. 38), section 116(2), the Children Act 2004 (c. 31), section 52 and the Children and Young Persons Act 2008 (c. 23), section 39 and Schedule 3.