The Assembly Learning Grants (European Institutions) (Wales) Regulations 2006

• (5) Where the student’s parent satisfies the National Assembly that that parent’s income is wholly or mainly derived from the profits of a business or profession carried on by him or her, then any reference in this Part of the Schedule to a preceding financial year is to be read as a reference to the earliest period of twelve months which ends after the start of the preceding financial year and in respect of which accounts are kept relating to that business or profession.

• (6) Where a student’s parent is in receipt of any income which does not form part of that parent’s income for the purposes of the Income Tax Acts or the income tax legislation of another EEA State or Switzerland by reason only that—

• (a) the parent is not resident, ordinarily resident or domiciled in the United Kingdom, or where his or her income is computed as for the purposes of the income tax legislation of another EEA State or Switzerland, not so resident, ordinarily resident or domiciled in that EEA State or Switzerland;

• (b) the income does not arise in the United Kingdom, or where the parent’s income is computed for the purposes of the income tax legislation of another EEA State or Switzerland, does not arise in that EEA State or Switzerland; or

• (c) the income arises from an office, service or employment, income from which is exempt from tax in pursuance of any legislation,

his or her taxable income for the purpose of this Schedule is to be computed as though the income under this sub-paragraph were part of his or her income for the purpose of the Income Tax Acts or the income tax legislation of another EEA State or Switzerland, as the case may be.

• (7) Where the income of the student’s parent is computed as for the purposes of the income tax legislation of another EEA State or Switzerland, it is to be computed under the provisions of this Schedule in the currency of that EEA State or Switzerland and the income of the student’s parent for the purposes of this Schedule is the sterling value of that income determined in accordance with the rate for the month in which the last day of the financial year in question falls, as published by the Office for National Statistics.

• (8) Where one of the student’s parents dies either before or during the relevant year and that parent’s income has been or would be taken into account for the purpose of determining the household income then,—

• (a) where the parent dies before the relevant year, the household income is to be determined by reference to the income of the surviving parent; or

• (b) where the parent dies during the relevant year, the household income is to be taken to be the aggregate of—

• (i) the appropriate proportion of the household income determined by reference to the income of both parents, being the proportion in respect of that part of the relevant year during which both parents were alive; and

• (ii) the appropriate proportion of the household income determined by reference to the income of the surviving parent, being the proportion in respect of that part of the relevant year remaining after the death of the other parent.

• (9) Where the National Assembly determines that the parents were separated for the duration of the relevant year, the household income is to be determined by reference to the income of whichever parent the National Assembly considers most appropriate under the circumstances.

• (10) Where the National Assembly determines that the parents separated in the course of the relevant year, the household income is determined by reference to the aggregate of—

• (a) the appropriate proportion of the household income determined in accordance with sub-paragraph (9), being the proportion in respect of that part of the relevant year for which the parents are separated; and

• (b) the appropriate proportion of the household income determined otherwise in respect of the remainder of the relevant year.

Calculation of the student’s partner’s residual income

5

• (1) Subject to sub-paragraphs (2), (3) and (4) of this paragraph and with the exception of sub-paragraphs (8), (9) and (10) of paragraph 4, a student’s partner’s income is to be determined in accordance with paragraph 4, reference to the parent being construed as references to the student’s partner.

• (2) Where the National Assembly determines that the student and his or her partner were separated for the duration of the relevant year, the partner’s income is not taken into account in determining the household income.

• (3) Where the National Assembly determines that the student and his partner separated in the course of the relevant year, the partner’s income is determined by reference to his or her income under sub-paragraph (1) divided by fifty-two and multiplied by the number of complete weeks in the relevant year for which the National Assembly determines that the student and his or her partner were not separated.

• (4) Where a student has more than one partner in any one academic year, the provisions of this paragraph apply in relation to each.

Calculation of parent’s partner’s residual income

6

The income of a new student’s parent’s partner whose income is part of the household income by virtue of paragraph 2(2)(a) is to be determined in accordance with paragraph 5, references to the student’s partner being construed as references to the new student’s parent’s partner, and references to the student being construed as references to the student’s parent.

Calculation of contribution

7

• (1) A student’s contribution is to be calculated in accordance with this regulation.

• (2) In relation to a College of Europe student who is not an independent eligible student, a College of Europe student who is an independent eligible student who has a partner and an Institute student who has a partner, the contribution is—

• (a) in respect of the current academic year—

• (i) where the household income is £22,010 or more, £45 with the addition of £1 for every complete £9.50 by which the household income exceeds £22,010; and

• (ii) in any case where the household income is less than £22,010, nil.

• (b) in respect of any other academic year—

• (i) where the household income is £22,560 or more, £45 with the addition of £1 for every complete £9.50 by which the household income exceeds £22,560; and

• (ii) where the household income is less than £22,010, nil.

• (3) In relation to a College of Europe student who is independent eligible student who does not have a partner and an Institute student who does not have a partner, the contribution is—

• (a) in respect of the current academic year,

• (i) where the household income is £10,250 or more, £45 with the addition of £1 for every complete £9.50 by which the household income exceeds £10,250; and

• (ii) where the household income is less than £10,250, nil; and

• (b) in respect of any other academic year—

• (i) where the household income is £10,505 or more, £45 with the addition of £1 for every complete £9.50 by which the household income exceeds £10,505; and

• (ii) where the household income is less than £10,505, nil.

• (4) The amount of contribution is not to exceed—

• (a) where the contribution is calculated under sub-paragraph (2)(a) or (3)(a), £7,250; and

• (b) where the contribution is payable under sub-paragraph (2)(b) or (3)(b), £7,430.

• (5) Where sub-paragraph (6) applies, the aggregate of the contributions calculated—

• (a) under sub-paragraph (2)(a) or (3)(a), is not to exceed—

• (i) £7,250; or

• (ii) the contribution which would be payable if only one student held an award.

• (b) under paragraph (2)(b) or (3)(b), is not to exceed—

• (i) £7,430; or

• (ii) the contribution which would be payable if only one student held an award.

• (6) This sub-paragraph applies where the household income consists of the residual income of—

• (a) two or more College of Europe students in respect of the same income under paragraph 4 or, where the relevant parent’s partner’s residual income is taken into account, under paragraphs 4 and 6; or

• (b) an independent eligible student and his or her partner where both hold a statutory award.

Split contributions

8

• (1) Where a contribution is payable under paragraph 7 above and one or more of the conditions in sub-paragraph (2) are satisfied, the amount of contribution payable in respect of the College of Europe student is to be the amount that the National Assembly considers just taking into account—

• (a) the application of paragraph 7 of this Part of the Schedule to new College of Europe students and existing students respectively; and

• (b) the particular circumstances of the College of Europe student.

• (2) The conditions referred to in sub-paragraph (1) above are—

• (a) more than one child of the College of Europe student’s parents holds a statutory award;

• (b) the College of Europe student’s parent holds a statutory award;

• (c) the College of Europe student’s parent’s partner holds a statutory award;

• (d) the College of Europe student’s partner holds a statutory award.

Signed

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[^f00012]

D. Elis-Thomas — The Presiding Officer of the National Assembly — 2006-07-05

Explanatory note

(This note is not part of the Regulations)

These Regulations provide for support for students taking designated higher education courses at the Bologna Center, the College of Europe or the European University Institute (“European Institutions”) in respect of the academic year beginning on or after 1 September 2006. They apply in relation to Wales only.

In addition, these Regulations make certain transitional provisions (regulations 7 to 10) in respect of the academic year commencing on or after 1 September 2005 but before 1 September 2006.

These Regulations revoke the Education (Student Support) (European Institutions) Regulations 2000. Regulation 5 sets out the extent of the revocation.

Part 1 of these Regulations sets out relevant definitions, as well as transitional and saving provisions.

Part 2 of these Regulations sets out the conditions that a student must satisfy in order to be eligible for support in connection with a course provided by a European Institution. This Part also makes provision for transfers between courses provided by a European Institution.

Part 3 of these Regulations covers the time limits and procedure for applying for support and the provision of information in connection with an application.

Part 4 of these Regulations sets out the various types of grants available to students who are attending courses at a European Institution and the conditions that a student must satisfy in order to qualify for them. Different provision is made according to which European Institution the student is studying at.

Part 5 of these Regulations deals with the calculation and application of a financial contribution from the student in the case of students at the College of Europe and the European University Institute.

Part 6 of these Regulations deals with payments of support and the recovery of overpayments.

These Regulations implement the provisions of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 (OJ L158, 30.04.2004, p.77-123) on the rights of citizens of the Union and their family members to move and reside freely in the territory of the member states so far as the Directive relates to student support. Certain categories of person who were not formerly eligible for support in connection with courses provided by the European Institutions will be eligible as a result of the Directive. To qualify for support under these Regulations, a student must fall within one of the categories set out in Part 2 of Schedule 1. Schedule 1 includes the categories of person who are eligible for support under these Regulations in connection with courses provided by the European Institutions as a result of the Directive. A copy of the Transposition Note in relation to the implementation of the Directive in so far as it relates to support in connection with courses provided by the European Institutions is available or on the website of the Office of Public Sector Information www.opsi.gov.uk. A copy has been placed in the libraries of both Houses of Parliament.

Footnotes

[^f00001]: 1998 c. 30; section 22 was amended by the Learning and Skills Act 2000 (c. 21), section 146 and Schedule 11; the Income Tax (Earnings and Pensions) Act 2003 (c. 1), Schedule 6; the Finance Act 2003 (c. 14), section 147 and the Higher Education Act 2004 (c. 8), sections 42 and 43 and Schedule 7. In relation to Wales, the functions of the Secretary of State under section 22 of the Teaching and Higher Education Act 1998 were transferred to the National Assembly for Wales under section 44 of the Higher Education Act 2004 except so far as they relate to the making of any provision authorised by subsection (2)(a), (c), (j) or (k), (3)(e) or (f) or (5) of section 22.

[^f00002]: S.I. 2000/2197, amended by S.I. 2001/563 and S.I. 2001/2892.

[^f00003]: Cmnd. 9171.

[^f00004]: Cmnd. 3906 (out of print; photocopies are available, free of charge, from the Student Support Division, Department for Education and Skills, Mowden Hall, Staindrop Road, Darlington DL3 9BG).

[^f00005]: 1962 c. 12; sections 1 to 4 and Schedule 1 were substituted by the provision sets out in Schedule 5 to the Education Act 1980 (c. 20). Section 1(3)(d) was amended by the Education (Grants and Awards) Act 1984 (c. 11), section 4. Section 4 was amended by the Education Act 1994 (c. 30), Schedule 2, paragraph 2. The entire Act was repealed by the Teaching and Higher Education Act 1998 (c. 30), section 44(2) and Schedule 4, subject to the transitional provisions and savings set out in the Teaching and Higher Education Act 1998 (Commencement No. 4 and Transitional Provisions) Order 1998 (S.I. 1998/3237), article 3.

[^f00006]: In relation to Wales, the functions of the Secretary of State under section 22 of the Teaching and Higher Education Act 1998 were transferred to the National Assembly for Wales under section 44 of the Higher Education Act 2004 except so far as they relate to the making of any provision authorised by subsection (2)(a), (c), (j) or (k), (3)(e) or (f) or (5) of section 22: see the Higher Education Act 2004 (Commencement No.2 and Transitional Provision) Order 2004, S.I. 2004/1833 (W.149).

[^f00007]: S.I. 2001/563.

[^f00008]: S.I. 2001/2892.

[^f00009]: 1992 c. 4.

[^f00010]: 2002 c. 38.

[^f00011]: 1989 c. 41. Section 23 was amended by the Children Act 2004 (c. 31), section 49(3).

[^f00012]: 1998 c. 38.

[^f00013]: 1971 c. 77; section 33(2A) was inserted by paragraph 7 of Schedule 4 to the British Nationality Act 1981 (c. 61).

[^f00014]: OJ No L257, 19.10.1968, p2 (OJ/SE 1968 (II) p475).

[^f00015]: 1988 c. 1.

[^f00016]: 2004 c. 12.

[^f00017]: “Financial Statistics” (ISSN 0015-203X).

Editorial notes

[^key-7213ea4936df00d004c6e4f79ff20a78]: Reg. 1 in force at 7.7.2006, see reg. 1

[^key-c643bb51b51bad66d5516a3e452dff03]: Reg. 2 in force at 7.7.2006, see reg. 1

[^key-c71e37cc6d41edecb24cb8b380a8a037]: Reg. 3 in force at 7.7.2006, see reg. 1

[^key-833d9a438aab66bf81a74fcdf07cc78b]: Reg. 4 in force at 7.7.2006, see reg. 1

[^key-cbb23201adb4fc021b1aa29f5706d734]: Reg. 11 in force at 7.7.2006, see reg. 1

[^key-5297c7cf6171dc3b6d601e6b1432c485]: Reg. 12 in force at 7.7.2006, see reg. 1

[^key-39b50ab5d10083ff28b0514bc0b4d3f5]: Reg. 13 in force at 7.7.2006, see reg. 1

[^key-46a62c3081353e33c251ca68af83e6bf]: Reg. 14 in force at 7.7.2006, see reg. 1

[^key-6451c4d13b825451d191883d1f92a9a7]: Reg. 15 in force at 7.7.2006, see reg. 1

[^key-265db31b85dc940bcf79749f05508203]: Reg. 16 in force at 7.7.2006, see reg. 1

[^key-c7845df5eb6216a4badf941b2177851d]: Reg. 17 in force at 7.7.2006, see reg. 1

[^key-387801165c262500e80e19d84f0ec900]: Reg. 20 in force at 7.7.2006, see reg. 1

[^key-cbc5ef7f24028e8462252a7a4236f7d9]: Reg. 21 in force at 7.7.2006, see reg. 1

[^key-ddec537303c5721ad421ccf5e9ed23d0]: Reg. 22 in force at 7.7.2006, see reg. 1

[^key-2ef8af1e06e477650f13b2df55d042cd]: Reg. 23 in force at 7.7.2006, see reg. 1

[^key-b333179ca76776f124e0b428fda65263]: Reg. 24 in force at 7.7.2006, see reg. 1

[^key-e69baef02dcfbd872361df883ab265f7]: Reg. 25 in force at 7.7.2006, see reg. 1

[^key-414b91f655d07b1511a761bcd2106567]: Reg. 27 in force at 7.7.2006, see reg. 1

[^key-faa96bbde470e4257634fb469ff98aee]: Reg. 28 in force at 7.7.2006, see reg. 1

[^key-45932fc103b112678cd576c38234bace]: Reg. 29 in force at 7.7.2006, see reg. 1

[^key-27b8e40a260f7285334e8ae308221bf3]: Reg. 30 in force at 7.7.2006, see reg. 1

[^key-18b2c73b31f589c8916bd4e6ffb769f3]: Reg. 31 in force at 7.7.2006, see reg. 1

[^key-cceaf400cda34da8b642ad573c08bb13]: Reg. 32 in force at 7.7.2006, see reg. 1

[^key-c93d398a61a5186f10478d35ed0bea10]: Reg. 33 in force at 7.7.2006, see reg. 1

[^key-be749d5a9a441fa0fc379dc7cdf9cdd9]: Reg. 34 in force at 7.7.2006, see reg. 1

[^key-70c5ba90dae4909207b94304119a1ec7]: Reg. 35 in force at 7.7.2006, see reg. 1

[^key-54061b13c3e313eb8b3d0db697817498]: Reg. 36 in force at 7.7.2006, see reg. 1

[^key-032e5ca9246a337003ad1a083a247d61]: Reg. 37 in force at 7.7.2006, see reg. 1

[^key-18f93473aa72d617f183d3e4824e4534]: Reg. 38 in force at 7.7.2006, see reg. 1

[^key-d33570185ea22631a4f92b0161988312]: Reg. 40 in force at 7.7.2006, see reg. 1

[^key-182c4153e0b2922c711b47da2ddda77b]: Reg. 41 in force at 7.7.2006, see reg. 1

[^key-7f390768828642682206110685c8f148]: Reg. 42 in force at 7.7.2006, see reg. 1

[^key-aac9d3da1248ae2ed388cae83979cf9f]: Sch. 1 para. 1 in force at 7.7.2006, see reg. 1

[^key-d53fd9414c5fc5958dce75a87e0a92a4]: Sch. 1 para. 2 in force at 7.7.2006, see reg. 1

[^key-cc41ab30a8cab1ea53f3c60ae0cd6deb]: Sch. 1 para. 3 in force at 7.7.2006, see reg. 1

[^key-ddf1df886dc168ffdd7ad76c0bfc9e64]: Sch. 1 para. 4 in force at 7.7.2006, see reg. 1

[^key-482ac7dc6fe39a2f918cb5ed33aefdb3]: Sch. 1 para. 6 in force at 7.7.2006, see reg. 1

[^key-3f7266c9b17c9770cb8d53dd6ceacfa5]: Sch. 1 para. 7 in force at 7.7.2006, see reg. 1

[^key-a68c54b8d1823b0b0011e03c0e0a7a35]: Sch. 1 para. 8 in force at 7.7.2006, see reg. 1

[^key-0f76e7c25954f61fad0e3c7f0b47a55f]: Sch. 1 para. 9 in force at 7.7.2006, see reg. 1

[^key-81465996067b817cca66148e3d67147d]: Sch. 1 para. 10 in force at 7.7.2006, see reg. 1

[^key-908f6466f50cb5e1d8d48556fbc273b4]: Sch. 1 para. 11 in force at 7.7.2006, see reg. 1

[^key-9f8d35d28a17b3849dce7a89f708795a]: Sch. 2 para. 1 in force at 7.7.2006, see reg. 1

[^key-8ff6ee004adf8ba25f56cd45857d859c]: Sch. 2 para. 2 in force at 7.7.2006, see reg. 1

[^key-a07bd9c5abf922dda0b6484baee46b85]: Sch. 2 para. 3 in force at 7.7.2006, see reg. 1

[^key-4b177840738207273ef64be6779401c2]: Sch. 2 para. 4 in force at 7.7.2006, see reg. 1

[^key-4cb2c8a66a305c858836418ce769e663]: Sch. 2 para. 5 in force at 7.7.2006, see reg. 1

[^key-c58186891941bb5012b30e8733b8c9a2]: Sch. 2 para. 6 in force at 7.7.2006, see reg. 1

[^key-df39bf4d2cafd5c39ccd76525e9ac984]: Sch. 2 para. 7 in force at 7.7.2006, see reg. 1

[^key-da421aba4cfc1e422defcd0894374880]: Sch. 2 para. 8 in force at 7.7.2006, see reg. 1

[^key-ec89b8eef7036e06c3b97c7bc567f142]: Sum in reg. 21(3) substituted (with application in accordance with reg. 8 of the amending S.I.) by The Assembly Learning Grants (European Institutions) (Wales) Regulations 2007 (S.I. 2007/2313), reg. 1, Sch. 1 para. 2

[^key-6b1c595704255a75c88cad2e4ed90a52]: Sum in reg. 25(4)(b) substituted (with application in accordance with reg. 8 of the amending S.I.) by The Assembly Learning Grants (European Institutions) (Wales) Regulations 2007 (S.I. 2007/2313), reg. 1, Sch. 1 para. 3

[^key-9d09c4547a793e80efcd665e558a9eb8]: Words in Sch. 1 para. 1(6)(a) substituted (with application in accordance with reg. 8 of the amending S.I.) by The Assembly Learning Grants (European Institutions) (Wales) Regulations 2007 (S.I. 2007/2313), reg. 1, Sch. 1 para. 4

[^M_F_536b05bf-1aa0-4432-dca9-373ab29daa51]: Words in Sch. 1 para. 8(4) substituted (with application in accordance with reg. 8 of the amending S.I.) by The Assembly Learning Grants (European Institutions) (Wales) Regulations 2007 (S.I. 2007/2313), reg. 1, Sch. 1 para. 1