The Education (European University Institute) (Wales) Regulations 2014

• (c) who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the relevant date.

• (2) A person—

• (a) who is the spouse or civil partner of a person with leave to enter or remain;

• (b) who was the spouse or civil partner of the person with leave to enter or remain on the leave application date;

• (c) who is ordinarily resident in Wales on the relevant date; and

• (d) who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the relevant date.

• (3) A person—

• (a) who is the child of a person with leave to enter or remain or the child of the spouse or civil partner of a person with leave to enter or remain;

• (b) who, on the leave application date, was the child of the person with leave to enter or remain or the child of a person who was the spouse or civil partner of the person with leave to enter or remain on that date;

• (c) who was under 18 on the leave application date;

• (d) who is ordinarily resident in Wales on the relevant date; and

• (e) who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the relevant date.

• (4) In this paragraph, “leave application date” means the date on which the person with leave to enter or remain made the application that led to that person being granted leave to enter or remain in the United Kingdom.

Workers, employed persons, self-employed persons and their family members

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• (1) A person who—

• (a) on the relevant date, is—

• (i) an EEA migrant worker or an EEA self-employed person;

• (ii) a Swiss employed person or a Swiss self-employed person;

• (iii) a family member of a person mentioned in sub-paragraph (i) or (ii);

• (iv) an EEA frontier worker or an EEA frontier self-employed person;

• (v) a Swiss frontier employed person or a Swiss frontier self-employed person; or

• (vi) a family member of a person in sub-paragraph (iv) or (v);

• (b) subject to sub-paragraph (2), is ordinarily resident in Wales on the relevant date;

• (c) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the relevant date.

• (2) Paragraph (b) of sub-paragraph (1) does not apply where the person applying for support falls within paragraph (a)(iv), (v) or (vi) of sub-paragraph (1).

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• (1) A person who—

• (a) is ordinarily resident in Wales on the relevant date;

• (b) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the relevant date; and

• (c) is entitled to support by virtue of Article 10 of Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on the freedom of movement for workers within the Union²³, as extended by the EEA Agreement.

• (2) Any description of person who would have been eligible under this paragraph immediately before implementation period completion day is to be eligible on and after implementation period completion day.

Persons who are settled in the United Kingdom and have exercised a right of residence elsewhere

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• (1) A person who—

• (a) is settled in the United Kingdom;

• (b) was ordinarily resident in Wales and settled in the United Kingdom immediately before leaving the United Kingdom and who has exercised a right of residence before implementation period completion day;

• (c) is ordinarily resident in the United Kingdom on the relevant date;

• (d) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the relevant date; and

• (e) in a case where the person’s ordinary residence referred to in paragraph (b) was wholly or mainly for the purposes of receiving full-time education, was ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (d).

• (2) For the purposes of this paragraph, a person has exercised a right of residence if that person is a United Kingdom national, a family member of a United Kingdom national for the purposes of Article 7 of Directive 2004/38 (or corresponding purposes under the EEA Agreement or Swiss Agreement) or a person who had the right of permanent residence who in each case has exercised a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA Agreement or Swiss Agreement in a state other than the United Kingdom or, in the case of a person who is settled in the United Kingdom and had the right of permanent residence, if that person has gone to the state within the territory comprising the European Economic Area and Switzerland of which that person is a national or of which the person in relation to whom that person is a family member is a national.

• (3) For the purposes of this paragraph, a person had the right of permanent residence if they had a right which arose under Directive 2004/38 to reside permanently in the United Kingdom without restriction.

EU nationals

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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A person who—

• (a) on the relevant date, is an EU national ...;

• (b) is ordinarily resident in Wales on the relevant date;

• (c) has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the relevant date; and

• (d) in a case where the person’s ordinary residence referred to in sub-paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the United Kingdom, Gibraltar the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in sub-paragraph (c).

Children of Swiss nationals

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• (1) A person who—

• (a) on the relevant date, is the child of a Swiss national who is entitled to support from the Secretary of State by virtue of Article 3(6) of Annex 1 to the Swiss Agreement;

• (b) is ordinarily resident in Wales on the relevant date;

• (c) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and

• (d) in a case where the person’s ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (c).

• (2) Any description of person who would have been eligible under this paragraph immediately before implementation period completion day is to be eligible on and after implementation period completion day.

Children of Turkish workers

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A person who—

• (a) on the relevant date, was the child of a Turkish worker;

• (b) is ordinarily resident in Wales on the relevant date; and

• (c) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area, Switzerland and Turkey throughout the three-year period preceding the first day of the first academic year of the course.

SCHEDULE 2 — STUDENT’S CONTRIBUTION

PART 1 — Interpretation

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• (1) In this Schedule—

• “financial year” (“blwyddyn ariannol”) means the period of twelve months in respect of which the income of a person whose residual income is calculated under the provisions of Part 2 of this Schedule is computed for the purposes of the income tax legislation which applies to it;

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

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

• “parent” (“rhiant”) means a natural or adoptive parent and “child” (“plentyn”), “mother” (“mam”) and “father” (“tad”) are to be construed accordingly;

• “partner” (“partner”) in relation to an eligible student means any of the following—the spouse of the eligible student;the civil partner of the eligible student;a person ordinarily living with the eligible student as if the person were the spouse of the student where the eligible student is aged 25 or over on the first day of the relevant year and the eligible student begins the designated course on or after 1 September 2000;a person ordinarily living with the student as if that person were the student’s civil partner where the eligible student is aged 25 or over on the first day of the relevant year and the eligible student begins the designated course on or after 1 September 2005;

• “preceding financial year” (“blwyddyn ariannol flaenorol”) means the financial year immediately preceding the relevant year;

• “relevant year” (“blwyddyn berthnasol”) means the academic year in respect of which the household income falls to be assessed;

• “residual income” (“incwm gweddilliol”) means taxable income after the application of paragraph 3 (in the case of an eligible student) and paragraph 4 (in the case of a student’s partner);

• “taxable income” (“incwm trethadwy”) means, in relation to paragraph 3, in respect of an academic year for which support is sought and, in relation to paragraph 4, in respect (subject to sub-paragraphs (3), (4) and (5) of paragraph 4) of the preceding financial year, a person’s taxable income from all sources computed as for the purposes of—the Income Tax Acts;the income tax legislation of an EEA State or Switzerland which applies to the person’s income; where the legislation of—the United Kingdom and one or more EEA State or Switzerland;more than one EEA State; oran EEA State and Switzerland,applies to the period, the legislation under which the Welsh Ministers consider the person will pay the largest amount of tax in that period (except as otherwise provided in paragraph 4),

• (2) The income referred to in this sub-paragraph is any benefits under a pension arrangement pursuant to an order made under section 23 of the Matrimonial Causes Act 1973²⁴ which includes provision made by virtue of sections 25B(4) and 25E(3) of that Act or pension benefits under Part 1 of Schedule 5 to the Civil Partnership Act 2004²⁵ which includes provision made by virtue of Parts 6 and 7 of that Schedule.

PART 2 — Calculation of contribution

Household income

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• (1) The amount of an eligible student’s contribution depends on the household income.

• (2) The household income is—

• (a) in the case of an eligible student who has a partner, the residual income of the student aggregated with the residual income of that student’s partner; or

• (b) in the case of an eligible student who does not have a partner, the residual income of that student.

• (3) In determining the household income under sub-paragraph (2), the sum of £1,130 is deducted for each child wholly or mainly financially dependent on the eligible student or the eligible student’s partner.

Calculation of the student’s residual income

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• (1) For the purpose of determining the residual income of an eligible student, there is to be deducted from the eligible student’s taxable income (unless already deducted in determining taxable income) the aggregate of any amounts falling within any of the following paragraphs—

• (a) any remuneration for work done during any academic year of the eligible student’s course, provided that such remuneration does not include any sums paid in respect of any period for which the eligible student has leave of absence or is relieved of normal duties for the purpose of attending that course;

• (b) the gross amount of any premium or other sum paid by the eligible student in relation to a pension (not being a pension payable under a policy of life assurance) in respect of which relief is given under section 188 of the Finance Act 2004²⁶, or where the student’s income is computed for the purpose of the income tax legislation of a Member State, the gross amount of any such premium or sum in respect of which relief would be given if that legislation made provision equivalent to the Income Tax Acts.

• (2) Where the eligible student receives income in a currency other than sterling, the value of that income for the purpose of this paragraph is—

• (a) if the student purchases sterling with the income, the amount of sterling the student so receives; or

• (b) otherwise, the value of the sterling the income would purchase using the rate for the month in which it is received published by the Office for National Statistics²⁷.

Calculation of eligible student’s partner’s residual income

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• (1) For the purposes of determining the taxable income of an eligible student’s partner (“A” in this paragraph), any deductions which fall to be made or exemptions which are permitted—

• (a) by way of personal reliefs provided for in Chapter 1 of Part VII of the Income and Corporation Taxes Act 1988, or where the income is computed for the purposes of the income tax legislation of an EEA State or Switzerland, the gross amount of any such premium in respect of which relief would be given if that legislation made provision equivalent to the Income Tax Acts;

• (b) pursuant to any enactment or rule of law under which payments which would otherwise under United Kingdom law form part of a person’s income are not treated as such; or

• (c) under sub-paragraph (2),

are not to be made or permitted.

• (2) For the purpose of determining the residual income of A, there is to be deducted from the taxable income determined under sub-paragraph (1) the aggregate of any amounts falling within any of the following paragraphs—

• (a) the gross amount of any premium or other sum paid by the student in relation to a pension (not being a pension payable under a policy of life assurance) in respect of which relief is given under section 188 of the Finance Act 2004, or where the student’s income is computed for the purpose of the income tax legislation of an EEA State or Switzerland, the gross amount of any such premium or sum in respect of which relief would be given if that legislation made provision equivalent to the Income Tax Acts;

• (b) in any case where income is computed in accordance with sub-paragraph (6), any sums equivalent to the deduction mentioned in paragraph (a) of this sub-paragraph, provided that any sums so deducted are not to exceed the deductions which would be made if the whole of the eligible student’s partner’s income were in fact income for the purposes of the Income Tax Acts; and

• (c) in the case where A holds a statutory award, £1,130.

• (3) Where the Welsh Ministers are satisfied that A’s income in the financial year beginning immediately before the relevant year (“the current financial year”) is likely to be not more than 85 per cent of the sterling value of A’s income in the preceding financial year the Welsh Ministers must, for the purpose of enabling the eligible student to attend the course without hardship, ascertain the household income for the current financial year.

• (4) Where the Welsh Ministers are satisfied that A’s income in any financial year is, as a result of any event, likely to be and to continue after that year to be not more than 85 per cent of the sterling value of A’s income in the previous financial year the Welsh Ministers must, for the purpose of enabling the eligible student to attend the course without hardship, ascertain the household income for the academic year of the student’s course in which that event occurred by taking as the residual income of A the average of A’s residual income for each of the financial years in which that academic year falls.

• (5) Where A satisfies the Welsh Ministers that A’s income is wholly or mainly derived from the profits of a business or profession carried on by A, 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 is in receipt of any income which does not form part of A’s income for the purposes of the Income Tax Acts or the income tax legislation of an EEA State or Switzerland by reason only that—

• (a) A is not resident ... in the United Kingdom, or where A’s income is computed as for the purposes of the income tax legislation of an EEA State or Switzerland, not so resident or domiciled in that EEA State or Switzerland;

• (b) the income does not arise in the United Kingdom, or where A’s income is computed for the purposes of the income tax legislation of an 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,

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

• (7) Where A’s income is computed as for the purposes of the income tax legislation of an 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 A’s income 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 the Welsh Ministers determine that the eligible student and the eligible student’s partner were separated for the duration of the relevant year, the partner’s income is not taken into account in determining the household income.

• (9) Where the Welsh Ministers determine that the eligible student and the eligible student’s partner separated in the course of the relevant year, the partner’s income is determined by reference to the partner’s income under sub-paragraph (1) divided by fifty-two and multiplied by the number of complete weeks in the relevant year for which the Welsh Ministers determine that the eligible student and the eligible student’s partner were not separated.

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

Calculation of contribution

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

• (2) The contribution payable by an eligible student is—

• (a) in any case where the household income exceeds £50,753, £1 for every £5 by which the household income exceeds £50,753; and

• (b) in any case where the household income is £50,753 or less, nil.

• (3) The amount of contribution is not to exceed £6,208.

Signed

Huw Lewis — Minister for Education and Skills, one of the Welsh Ministers — 2014-11-12

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations provide for support for one eligible student taking a designated higher education course at the European University Institute.

Grants for living and other costs, a disabled student’s allowance and a grant for dependants are available for the eligible student.

These Regulations set out the eligibility criteria for the grants, the application procedure and the method for calculating the amount of grant payable. The Regulations also set out the arrangements for payment of the grants and recovery of any overpayments.

These Regulations revoke the Assembly Learning Grants (European University Institute) (Wales) Regulations 2009 and the Assembly Learning Grants (European University Institute) (Wales) (Amendment) Regulations 2010.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.

Footnotes

Editorial notes