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Statutory Instrument 2006 No. 953The Education (Student Support) (European Institutions) Regulations 2006(The document as of February, 2008) STATUTORY INSTRUMENTS2006 No. 953EDUCATION, ENGLANDThe Education (Student Support) (European Institutions) Regulations 2006
The Secretary of State for Education and Skills, in exercise of the powers in sections 22, 42(6) and 43(1) of the Teaching and Higher Education Act 1998 Act 1998[1], makes the following Regulations: Citation, commencement, application and interpretation 1.These Regulations may be cited as the Education (Student Support) (European Institutions) Regulations 2006 and shall come into force on 30th April 2006. 2.These Regulations apply only in relation to England[2]. 3.In these Regulations—
(b) had been determined to be eligible for support in connection with his attendance on that course before 30th April 2006 pursuant to regulations made by the Secretary of State under the 1998 Act; and (c) was ordinarily resident in England immediately before the moving date;
(ii) a Swiss self-employed person; (iii) a family member of an EEA self-employed person or a Swiss self-employed person; (iv) a dependent direct relative of in the ascending line of an EEA migrant worker or the spouse or civil partner of such a worker; (b) falls within paragraph 3 of Part 2 of Schedule 1;
(b) the College of Europe; (c) the Institute;
(b) in any other case, attending the designated course;
(b) has been determined to be eligible for support in connection with his attendance on that course pursuant to the 2000 Regulations before 30th April 2006; and (c) is ordinarily resident in England;
Revocation, saving and transitional provisions
(b) the Secretary of State had not determined, if relevant, whether the student was eligible for support in connection with his attendance on the current course or the amount of support payable, if any, to that student, the application is to be treated as if it had been made under and in accordance with these Regulations.
(b) applied for support under the 2000 Regulations in respect of that course before 30th April 2006; but (c) in respect of whom no decision as to his eligibility for support in connection with the current course had been made by the Secretary of State before 30th April 2006. 9.—(1) If the Secretary of State had before 30th April 2006 determined under the 2000 Regulations that a person starting a course in the current academic year or in the next academic year was not an eligible student in connection with his attendance on a course designated for the purpose of regulation 4 of the 2000 Regulations, she may—
(b) determine, in accordance with these Regulations, whether the applicant is an eligible student and if so, the amount of support (if any) payable to him in respect of—
(ii) in the case of a person who starts his course in the next academic year, that academic year. 10.A current Directive student may apply under these Regulations for support or an additional amount of support in connection with the current academic year. Eligible students 11.—(1) An eligible student qualifies for financial support in connection with his attendance on a designated course subject to and in accordance with these Regulations. (2) Subject to paragraph (3), a person is an eligible student in connection with a designated course if the Secretary of State has determined that—
(b) by reason of merit he should be eligible for support in connection with his attendance at that course. (3) A person is not an eligible student if—
(b) he is in breach of an obligation to repay any loan; (c) he has reached the age of 18 and not ratified any agreement for a loan made with him when he was under the age of 18; or (d) he has, in the opinion of the Secretary of State, shown himself by his conduct to be unfitted to receive support. (4) Paragraph (3)(a) does not apply where the person has attended a qualifying course but the Secretary of State has determined that having regard to the particular circumstances of that person's case it is appropriate to pay him support in connection with the current course.
(b) with the concurrence of the borrower's curator or at a time when he had no curator. (7) An eligible student in respect of whom the first academic year of the course beings on or after 1st September 2000 shall not, at any time, qualify for support for more than one designated course.
(ii) a new student; and (b) the Secretary of State had not determined before 30th April 2006 that he should no longer be eligible for support in connection with the current course. (9) For the purposes of this regulation, "qualifying course" means a course—
(ii) of at least two academic years' duration; and (b) in respect of which the student received a statutory award [other than an award intended to assist with additional expenditure that the student was obliged to incur in connection with his attendance on the course by reason of a disability to which he is or was subject] for at least two academic years of the course. Designated courses
(b) a full-time course; (c) of at least one academic year's duration; and (d) provided by a European institution. Period of eligibility
(b) abandons or is expelled from his designated course. (3) The Secretary of State may terminate the student's period of eligibility if she is satisfied that the student has by his conduct shown himself unfitted to receive support.
(b) determine that the student no longer qualifies for any particular type of support or particular amount of support; (c) treat any support already paid to the student as an overpayment which may be recovered in accordance with regulation 42. Transfer of eligibility
(b) she is satisfied that the eligible student has begun to attend that other course on the recommendation of the academic authority; and (c) the student's status as an eligible student has not terminated. (2) An eligible student who transfers under paragraph (1) shall receive in connection with the academic year of the course to which he transfers the remainder of the support assessed by the Secretary of State in respect of the academic year of the course from which he transfers. Applications for financial support 15.—(1) A person (the "applicant") must apply for support in connection with each academic year of a designated course by completing and submitting to the Secretary of State an application in such form and accompanied by such documentation as the Secretary of State may require. (2) The Secretary of State may take such steps and make such inquiries as she considers necessary to determine whether the applicant is an eligible student, whether he qualifies for support and the amount of support payable, if any. (3) The Secretary of State must notify the applicant of whether he qualifies for support and, if he does qualify, the amount of support payable in respect the academic year, if any. Time limits 16.—(1) The general rule is that the application must reach the Secretary of State by 31st August 2006. (2) The general rule in paragraph (1) does not apply where—
(b) the application is made by a current Directive student in respect of the current academic year, in which case the application must reach the Secretary of State no later than 30th January 2007; (c) one of the events described in paragraph (3) occurs, in which case the application must reach the Secretary of State within a period of nine months beginning with the day on which the relevant event occurs; (d) the applicant is applying for the grant payable under regulation 27, in which case the application must reach the Secretary of State as soon as reasonably practicable; or (e) the Secretary of State considers that having regard to the circumstances of the particular case the time limit should be relaxed, in which case the application must reach the Secretary of State not later than the date she specifies. (3) The events referred to in paragraph (2)(c) are—
(ii) becomes a person with leave to enter or remain as described in paragraph 1 of Part 1 of Schedule 1; (b) a state accedes to the European Community and the applicant is a national of that state or a family member of a person who is a national of that state; Information
(b) he transfers to another course at the same European Institution; (c) he ceases to attend his course and does not intend to or is not permitted to continue it for the remainder of the academic year; (d) he is absent from his course for more than 60 days due to illness or for any period for any other reason; (e) the month for the start or the completion of the course changes; (f) his home or term-time address changes. 19.Information provided to the Secretary of State pursuant to these Regulations must be in the format required by the Secretary of State and, if the Secretary of State requires the information to be signed by the person providing it, an electronic signature in such form as the Secretary of State may specify satisfies this requirement. General 20.—(1) Subject to paragraph (2), the general rule is that—
(b) an eligible student who is attending a designated course provided by the College of Europe ("College of Europe student") qualifies in connection with an academic year of that course for—
(ii) supplementary grants in accordance with Chapter 4; and (c) an eligible student who is attending a designated course provided by the Institute ("Institute student") qualifies in connection with an academic year for—
(ii) supplementary grants in accordance with Chapter 4. (2) If the academic year in respect of which the eligible student has applied for support is a year of repeat study the Secretary of State may determine that—
(b) that student does not qualify for any support in respect of the year of repeat study. (3) In determining whether an eligible student should not qualify for some or any support in accordance with paragraph (2) the Secretary of State shall have regard to the circumstances of the case and in particular the reasons for which the student has been required to repeat an academic year. Grant for fees 21.—(1) A Bologna Center student qualifies for a grant for fees in respect of an academic year of the current course calculated in accordance with paragraph (2). (2) Subject to paragraph (3), the amount of grant for fees payable in respect of an academic year is the aggregate amount of fees payable by the student in respect of, or otherwise in connection with, his attendance on the course during that academic year. (3) Despite paragraph (2), the grant for fees payable under this regulation shall not exceed 22,700 euro. Grant for fees 22.—(1) A College of Europe student qualifies for a grant for fees in respect of an academic year of the current course calculated in accordance with paragraph (2). (2) Subject to paragraph (3), the amount of grant for fees payable in respect of an academic year is the aggregate amount of fees payable by the student in respect of, or otherwise in connection with, his attendance on the current course during that academic year. (3) Despite paragraph (2), the amount of grant for fees shall not exceed—
(b) in respect of any other academic year, 10,250 euro. Grants for living and other costs
(ii) B is £45.58 for each week, including a week during which the student is required to attend the College for less than 5 days, that the student is required to attend the College in excess of 30 weeks and 3 days; and (b) in respect of any other academic year—
(ii) B is £47 for each week, including a week during which the student is required to attend the College for less than 5 days, that the student is required to attend the College in excess of 30 weeks and 3 days. (4) A College of Europe student qualifies for a grant for board and lodging of 6,000 euro.
B is—
(ii) in respect of any other academic year, £95. (6) A College of Europe student qualifies for a grant for college travel of such amount as the Secretary of State determines to be the reasonable cost of travel from the student's residence whilst attending the College to the College. Grants for living and other costs. 25.—(1) Subject to paragraphs (2) and (3), an Institute student qualifies in respect of an academic year for the grants for living and other costs specified in and calculated in accordance with paragraphs (4) to (8). (2) An Institute student does not qualify for any of the grants payable under this regulation if paragraph 9 of Part 2 of Schedule 1 is the only paragraph of Part 2 of that Schedule into which the student falls. (3) An Institute student does not qualify for the grant payable under paragraph (8) if the ordinary duration of the designated course in connection with which he has been determined to be an eligible student is one academic year or less. (4) An Institute student qualifies for a grant for living costs—
(b) in any other case, of 12,840 euro. (5) An Institute student qualifies for a grant for travel home of the amount determined by the Secretary of State to be the reasonable cost of one return journey from the student's home address to the Institute; Disabled students' allowance – qualifying conditions 27.—(1) Subject to paragraph (2), a College of Europe student or an Institute student qualifies for a disabled students' allowance to assist with the additional expenditure which the Secretary of State is satisfied that he is obliged to incur by reason of a disability to which he is subject in respect of his attendance at a designated course. (2) A College of Europe student or an Institute student does not qualify for a disabled students' allowance if paragraph 9 of Part 2 of Schedule 1 is the only paragraph of Part 2 of that Schedule into which the student falls. Amount of disabled students' allowance 28.—(1) Subject to paragraph (2), the amount of the disabled student's allowance is the amount that the Secretary of State considers appropriate in accordance with the student's circumstances. (2) The amount of disabled students' allowance must not exceed—
(ii) £4,680 in respect of all the academic years during the period of eligibility for expenditure on major items of specialist equipment; (iii) any additional expenditure incurred—
(bb) within or outside the United Kingdom for the purpose of travelling to the relevant institution in order to attend the relevant course; (iv) £1,565 in respect of the academic year for any other expenditure including expenditure incurred for the purposes referred to in paragraph (i) or (ii) which exceeds the specified maxima; (b) in respect of any other academic year—
(ii) £4,795 in respect of all the academic years during the period of eligibility for expenditure on major items of specialist equipment; (iii) any additional expenditure incurred—
(bb) within or outside the United Kingdom for the purpose of travelling to the relevant institution in order to attend the relevant course; (iv) £1,605 in respect of an academic year for any other expenditure including expenditure incurred for the purposes referred to paragraph (i) or (ii) which exceeds the specified maxima. Grant for dependants
(b) parents learning allowance. (2) The qualifying conditions for each element and the amounts payable are set out in regulations 30 to 33.
(b) an adult dependant of the student whose net income does not exceed—
(ii) in respect of any other academic year, £3,530. (3) A College of Europe student or an Institute student does not qualify for the grant payable under this regulation if paragraph 9 of Part 2 of Schedule 1 is the only paragraph of Part 2 of that Schedule into which the student falls.
(b) in respect of any other academic year—
(ii) where the person in respect of whom the student is applying for adult dependants' grant is ordinarily resident outside of the United Kingdom, such amount not exceeding £2,455 as the Secretary of State considers reasonable in the circumstances. Parents' learning allowance
(b) in respect of any other academic year, £1,400. Calculations
(b) to reduce the basis amount of parents' learning allowance where the student qualifies for that element under regulation 32. (2) Subject to paragraphs (4) and (5), where B is greater than or equal to A, the basic amount of each element of the grant for dependants for which the student qualifies is payable.
(ii) holds a statutory award; and (b) account is taken of that partner's dependants in calculating the amount of support for which that partner qualifies or the payment to which he is entitled under the statutory award. (5) Where the amount of the parents' learning allowance calculated under paragraph (1) is £0.01 or more but less than £50, the amount of parents' learning allowance payable is £50.
A is the aggregate of the net income of each of the eligible student's dependants; and B is £1,050 where the student has no dependent children;
£4,195 where the student is not a lone parent and has more than one dependent child; £4,195 where the student is a lone parent and has one dependent child; £5,250 where the student is a lone parent and has more than one dependent child; (b) in respect of any other academic year—
£4,300 where the student is not a lone parent and has more than one dependent child; £4,300 where the student is a lone parent and has one dependent child; £5,380 where the student is a lone parent and has more than one dependent child. 34.A deduction may be made in accordance with Part 5 from the amount payable in respect of a particular element of the grant for dependants calculated in accordance with regulations 30 to 33.
(b) "child" in relation to a student includes any child of his partner who is dependent on him and any child for whom he has parental responsibility who is dependent on him; (c) "dependant" means, in relation to a student, his partner, his dependent child or an adult dependant, who in each case is not an eligible student and does not hold a statutory award; (d) "dependent" means wholly or mainly financially dependent; (e) "lone parent" means a student who does not have a partner and who has a dependent child or dependent children; (f) "net income" has the meaning given in paragraph (2); (g) subject to sub-paragraphs (h), (i) and (j), "partner" means any of the following—
(ii) the civil partner of a student; (iii) a person ordinarily living with a student as if he were his spouse where that student—
(bb) started the designated course on or after 1st September 2000; (iv) a person ordinarily living with a student as if he were his civil partner where that student—
(bb) started the designated course on or after 1st September 2005; (h) unless otherwise indicated, a person who would otherwise be a partner under sub-paragraph (g) is not to be treated as a partner if—
(ii) the person is ordinarily living outside the United Kingdom and is not maintained by the student; (i) for the purposes of the definition of "adult dependant", a person is to be treated as a partner if he would be a partner under sub-paragraph (g) but for the fact that the student with whom is living was not aged 25 or over at the start of the academic year in respect of which the student's contribution falls to be assessed; (2) Subject to paragraph (3), a dependant's net income is his income from all sources for the academic year in question reduced by the amount of income tax and social security contributions payable in respect of it but disregarding—
(b) child benefit payable under Part IX of the Social Security Contributions and Benefits Act 1992[9]; (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[10]; (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 in purpose of section 23 of the Children Act 1989[11]; (f) 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; and (g) any child tax credit to which the dependant is entitled under Part 1 of the Tax Credits Act 2002. (3) Where a student or his partner makes any recurrent payments which were previously made by the student in pursuance of an obligation incurred before the first academic year of the student's course, the partner's net income is net income calculated in accordance with paragraph (2) reduced by—
(b) such lesser amount, if any, as the Secretary of State considers appropriate if, in her opinion, a lesser obligation could reasonably have been incurred. (4) For the purposes of paragraph (2), where—
(b) the relevant academic year is a new academic year; and (c) payments are made to the student towards the child's maintenance; those payments are to be treated as the child's income. Student's contribution 36.—(1) A College of Europe student or Institute student's contribution in respect of an academic year is the amount, if any, calculated under Schedule 2. (2) For the purposes of the exercise of the Secretary of State's functions under these Regulations she may require a student to provide from time to time such information as she requires in order to assess the student's contribution. Application of the student's contribution 37.—(1) The contribution calculated in accordance with regulation 36 shall be applied—
(b) in the case of an Institute student in accordance with regulation 39. 38.—(1) In the case of a College of Europe student, the Secretary of State must apply the student's contribution—
(b) second—
(bb) second, the amount of grant for board and lodging calculated in accordance with regulation 23(4); (ii) in any other case, the amount of grant for board and lodging calculated under regulation 23(4); (c) third, to reduce the amount of grant for travel home calculated in accordance with regulation 23(5); (2) Where the contribution available to reduce the amount of grant for research travel in accordance with paragraph (1)(e) exceeds the amount of that grant calculated under regulation 23(7), the amount of that grant payable to the student is nil.
(b) second—
(bb) second, the amount of grant for travel home calculated in accordance with regulation 25(5); and (cc) third, the amount of grant for college travel calculated in accordance with regulation 25(6); (ii) in any other case, to reduce the amount of grant for college travel calculated in accordance with regulation 25(6); (c) third, subject to paragraph (2), to reduce the amount of grant for research travel calculated in accordance with regulation 25(7). (2) Where the contribution available to reduce the amount of grant for research travel in accordance with paragraph (1)(c) exceeds the amount of that grant calculated under regulation 26(7), the amount of that grant payable to the student is nil. Payment of grant for fees 40.—(1) The Secretary of State must not pay the grant for fees for which a student qualifies until she has received a valid request for payment from the academic authority. (2) The Secretary of State may make the payments of the grant for fees to the academic authority in such instalments and at such times as she considers to be appropriate. Payment of grants for living and other costs and supplementary grants 41.—(1) The Secretary of State may pay the grants for living and other costs and the supplementary grants for which a student qualifies in such instalments and at such times as she considers appropriate. (2) The Secretary of State may, if she considers it appropriate to do so, pay the grant payable under regulation 23(4) or regulation 25(4) to the relevant academic authority for the authority to pay the relevant grant on her behalf. (3) Where a final assessment of the amount of grants for living and other costs or supplementary grants payable to a student cannot be made on the basis of the information provided by the student, the Secretary of State may make provisional payments of those grants pending the final assessment. (4) The Secretary of State may, if she considers it appropriate to do so, make a payment of disabled students' allowance before the start of the academic year in respect of which that payment is due. (5) The Secretary of State must not make any payments of support to a student who has withdrawn from, abandoned or been expelled from his course after the date on which he withdraws from, abandons or is expelled from his course unless she considers it appropriate to do so taking into account the circumstances of the student's case. (6) The Secretary of State must not make any payments of support to a student who is absent from his course—
(b) for any period for any other reason, unless she considers that it is appropriate to do so taking into account the circumstances of the student's case. 1.—(1) For the purposes of this Schedule—
(ii) his child or the child of his spouse or civil partner; or (iii) dependent direct relatives in his ascending line or that of his spouse or civil partner; (b) in relation to a Swiss employed person, a Swiss frontier employed person, a Swiss frontier self-employed person or a Swiss self-employed person—
(ii) his child or the child of his spouse or civil partner; (c) in relation to an EC national who is not self-sufficient—
(ii) direct descendants of his or his spouse or civil partner who are—
(bb) dependants of his or of his spouse or civil partner; (d) in relation to an EC national who is self-sufficient—
(ii) direct descendants of his or his spouse or civil partner who are—
(bb) dependants of his or of his spouse or civil partner; (iii) dependent direct relatives in his ascending line or that of his spouse or civil partner; (e) in relation to a United Kingdom national, for the purposes of paragraph 9—
(ii) direct descendants of his or his spouse or civil partner who are—
(bb) dependants of his or of his spouse or civil partner;
(b) has been granted leave to enter or to remain accordingly; and (c) has been ordinarily resident in the British Islands throughout the period since he was granted leave to enter or remain;
(b) in relation to a Swiss national, a person who is a self-employed person within the meaning of Annex 1 to the Switzerland Agreement;
(2) Subject to sub-paragraph (6), "EEA frontier self-employed person" means an EEA national who—
(b) resides in Switzerland or in the territory of an EEA State other than the United Kingdom and returns to his residence in Switzerland or that EEA State, as the case may be, daily or at least once a week. (3) Subject to sub-paragraph (6), "EEA frontier worker" means an EEA national who—
(b) resides in Switzerland or in the territory of an EEA State other than the United Kingdom and returns to his residence in Switzerland or that EEA State, as the case may be, daily or at least once a week (4) Subject to sub-paragraph (6), "Swiss frontier employed person" means a Swiss national who—
(b) resides in Switzerland or in the territory of an EEA State other than the United Kingdom and returns to his residence in Switzerland or that EEA State, as the case may be, daily or at least once a week (5) Subject to sub-paragraph (6), "Swiss frontier self-employed person" means a Swiss national who—
(b) resides in Switzerland or in the territory of an EEA State other than the United Kingdom and returns to his residence in Switzerland or that EEA State, as the case may be, daily or at least once a week (6) Where an EEA national or a Swiss national applies for support after the moving date—
(ii) residing in Switzerland or in the territory of an EEA State other than the United Kingdom and returning to his residence in Switzerland or that EEA State, as the case may be, daily or at least once a week; (b) he may be treated as an EEA frontier worker or a Swiss frontier employed person, as the case may be, if the Secretary of State is satisfied that immediately before the moving date he was—
(ii) residing in Switzerland or in the territory of an EEA State other than the United Kingdom and returning to his residence in Switzerland or that EEA State, as the case may be, daily or at least once a week. (7) For the purposes of this Schedule, "parent" includes a guardian, any other person having parental responsibility for a child and any person having care of a child and "child" is to be construed accordingly.
(b) his spouse or civil partner; (c) his parent; or (d) in the case of a dependent direct relative in the ascending line, his child or child's spouse or civil partner, is or was temporarily employed outside England, the United Kingdom and Islands or, as the case may be, outside the territory comprising the European Economic Area and Switzerland.
(b) in the case of members of the regular armed forces of an EEA State or Switzerland, any period which they serve outside of the territory comprising the European Economic Area and Switzerland as members of such forces. (10) For the purposes of this Schedule—
(ii) at any time before or after these Regulations come into force has become part of one or other or both of these areas, is to be considered to have always been a part of the European Economic Area; Persons who are settled in the United Kingdom 2.—(1) A person—
(b) either—
(bb) satisfies the Secretary of State that he will be ordinarily resident in England immediately before the moving date; and (ii) in any other case, who satisfies the Secretary of State that he was ordinarily resident in England immediately before the moving date; (c) had been ordinarily resident throughout the three-year period preceding the moving date in the United Kingdom and Islands; and (2) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the United Kingdom and Islands in accordance with paragraph 1(8).
(b) either—
(bb) satisfies the Secretary of State that he will be ordinarily resident in England immediately before the moving date; and (ii) in any other case, who satisfies the Secretary of State that he was ordinarily resident in England immediately before the moving date; (c) who had been ordinarily resident in the United Kingdom throughout the three-year period preceding the moving date; and Refugees and persons with leave to enter or remain
(ii) the spouse, civil partner, child or step-child of a person mentioned in paragraph (i); and (b) either—
(bb) satisfies the Secretary of State that he will be ordinarily resident in England immediately before the moving date; or (ii) in the case of a person who applies for support after the moving date, satisfies the Secretary of State that he was ordinarily resident in England immediately before the moving date. 5.A person who—
(ii) the spouse, civil partner, child or step-child of a person with leave to enter or remain; (b) either—
(bb) satisfies the Secretary of State that he will be ordinarily resident in England immediately before the moving date; or (ii) in any other case, satisfies the Secretary of State that he was ordinarily resident in England immediately before the moving date; and (c) has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the moving date. Workers, employed persons, self-employed persons and their family members
(ii) a Swiss employed person or a Swiss self-employed person; (iii) a family member of a person mentioned in 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 (iv) or (v); (b) subject to sub-paragraph (2)—
(bb) satisfies the Secretary of State that he will be ordinarily resident in England immediately before the moving date; or (ii) in any other case, satisfies the Secretary of State that he was ordinarily resident in England immediately before the moving date; (c) has been ordinarily resident in the territory comprising the European Economic Area and Switzerland throughout the three-year period preceding the moving 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).
(bb) satisfies the Secretary of State that he will be ordinarily resident in England immediately before the moving date; or (ii) in any other case, who satisfies the Secretary of State that he was ordinarily resident in England immediately before the moving date; (b) has been ordinarily resident in the territory comprising the European Economic Area and Switzerland throughout the three-year period preceding the moving date; and Persons who are settled in the United Kingdom and have exercised a right of residence elsewhere
(b) left the United Kingdom and exercised a right of residence after having been settled in the United Kingdom; (c) either—
(bb) satisfies the Secretary of State that he will be ordinarily resident in England immediately before the moving date; or (ii) in the case of a person applying for support after the moving date, satisfies the Secretary of State that he was ordinarily resident in England immediately before the moving date; (d) has been ordinarily resident in the territory comprising the European Economic Area and Switzerland throughout the three-year period preceding the moving date; and (2) For the purposes of this paragraph, a person has exercised a right of residence if he 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 has 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 has a right of permanent residence, if he goes to the state within the territory comprising the European Economic Area and Switzerland of which he is a national or of which the person in relation to whom he is a family member is a national.
(b) he will be ordinarily resident in England immediately before the moving date. EC nationals
(ii) a family member of such a person; (b) either—
(bb) satisfies the Secretary of State that he will be so resident immediately before the moving date; or (ii) in the case of a person applying for support after the moving date, satisfies the Secretary of State that he was ordinarily resident in England immediately before the moving date; (c) has been ordinarily resident in the territory comprising the European Economic Area and Switzerland throughout the three-year period preceding the moving date; and (2) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the European Economic Area and Switzerland in accordance with paragraph 1(8).
(b) either—
(bb) satisfies the Secretary of State that he will be ordinarily resident in England immediately before the moving date; or (ii) in any other case, satisfies the Secretary of State that he was ordinarily resident in England immediately before the moving date; (c) has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the moving date; and (2) Where a state accedes to the European Community after the moving date and a person is a national of that state, the person is treated as satisfying the requirement in paragraph (a) of sub-paragraph (1) to be an EC national other than a United Kingdom national on the moving date.
(b) either—
(bb) satisfies the Secretary of State that he will be ordinarily resident in England immediately before the moving date; or (ii) in any other case, satisfies the Secretary of State that he was ordinarily resident in England immediately before the moving date; (c) has been ordinarily resident in the territory comprising the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and 1.—(1) In this Schedule—
(ii) the civil partner of the student; (iii) a person ordinarily living with the student as if he were his spouse where the student falls within sub-paragraph (2)(a) and he begins the designated course on or after 1st September 2000; (iv) a person ordinarily living with the student as if he were his civil partner where the student falls within sub-paragraph (2)(a) and he begins the designated course on or after 1st September 2005;
(b) the civil partner of the College of Europe student's parent; (c) a person ordinarily living with the parent of the College of Europe student as if he were the parent's spouse; (d) a person ordinarily living with the parent of the College of Europe student as it he were the parent's civil partner;
(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 Secretary of State considers the person will pay the largest amount of tax in that period (except as otherwise provided in paragraph 4); (2) An "independent eligible student" is a College of Europe student where—
(b) he is aged 25 or over on the first day of the relevant year; (c) he is married or in a civil partnership before the beginning of the relevant year, whether or not the marriage or civil partnership is still subsisting; (d) he has no parent living; (e) the Secretary of State is satisfied that neither or his parents can be found or that it is not reasonably practicable to get in touch with either of them; (f) he has communicated with neither of his parents for the period of one year before the beginning of the relevant year or, in the opinion of the Secretary of State, he can demonstrate on other grounds that he is irreconcilably estranged from his parents; (g) he has been provided with accommodation by, or he has pursuant to an order of a competent court been in the custody or care of, any legal person who is not the student's parent throughout any three-month period ending on or after the date on which he attains the age of 16 and before the first day of his course ("the relevant period") (provided that he has not in fact at any time during the relevant period been under the charge or control of his parents); (h) his parents are residing outside of the European Community and the Secretary of State is satisfied that either—
(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; (i) where paragraph 4(9) applies and the parent whom the Secretary of State considered the more appropriate for the purposes of that paragraph has died (irrespective of whether the parent in question has a partner);
(ii) he was in receipt of benefit payable by any relevant authority in respect of a person who is available for employment but who is unemployed; (iii) he 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) he held a State Studentship or other comparable award; or (v) he received any pension, allowance or other benefit paid by any person by reason of a disability to which he is subject, or by reason of confinement, injury or sickness. (3) Any College of Europe student who qualifies as an independent eligible student under sub-paragraph (2)(k) in respect of an academic year of a designated course retains that status for the duration of the period of eligibility. Household income 2.—(1) The amount of a College of Europe student or an Institute student's contribution depends on the household income. (2) The household income is—
(ii) in the case of a new College of Europe student who began his course on or after 1st September 2005, the residual income of the partner of the student's parent (provided that the Secretary of State has selected that parent under paragraph 4(9)); (b) in the case of—
(ii) an Institute student who has a partner, the residual income of the student aggregated with the residual income of that student's partner (subject to sub-paragraph (5)); or
(ii) an Institute student who does not have a partner, the residual income of that student. (3) In determining the household income an amount calculated in accordance with sub-paragraph (4) there shall be deducted—
(ii) for each child other than the College of Europe student wholly or mainly financially dependent on the College of Europe student's parent or the student's parent's partner whose residual income ins being taking into account; and (b) in the case of an Institute student, for each child wholly or mainly financially dependent on the student or his partner. (4) The amount referred to in sub-paragraph (3) is—
(b) in respect of any other academic year, £1050. (5) For the purpose of calculating the contribution payable in respect of a parent student, the residual income of the parent student's partner shall not be aggregated under sub-paragraph (2)(b) in the case of a parent student whose child or whose partner's child holds an award—
(b) in respect of which a parental contribution is otherwise applicable with reference to the parent student or his partner. Calculation of the student's residual income
(b) 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 273, 619 or 639 of the Income and Corporation Taxes Act 1988[14] or under section 188 of the Finance Act 2004[15], or where the student's income is computed for the purpose of the income tax legislation of another 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 student receives income in a currency other than sterling, the value of that income for the purpose of this paragraph shall be—
(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 Statistics[16]. Calculation of parent's residual income
(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) shall not be made or permitted.
(b) in any case where income is computed in accordance with sub-paragraph (6) any sums equivalent to the deduction mentioned in paragraph (a), provided that any sums so deducted shall not exceed the deductions which would be made if the whole of the student's parent's income were in fact income for the purposes of the Income Tax Acts; and (c) in the case of a parent student or a student's parent who holds a statutory award—
(ii) in any other case, £1,050. (3) Where the Secretary of State is satisfied that the income of the parent in the financial year beginning immediately before the relevant year ("current financial year") is, as a result of some event beyond his control, likely to be not more than 85 per cent, of the sterling value of his income in the preceding financial year she may, for the purpose of enabling the student to attend the course without hardship, ascertain the house income for the current financial year.
(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 form an office, service or employment, income from which is exempt from tax in pursuance of any legislation, his taxable income for the purpose of this Schedule shall be computed as though the income under this sub-paragraph were part of his 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.
(b) where the parent dies during the relevant year, be the aggregate of—
(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 Secretary of State determines that the parents are separated for the duration of the relevant year, the household income shall be determined by reference to the income of whichever parent the Secretary of State considers most appropriate under the circumstances.
(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
(ii) in any case where the household income is less than £22,010, be nil. (b) in respect of any other academic year—
(ii) where the household income is less than £22,010, be 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 shall—
(ii) where the household income is less than £10,250, be nil; and (b) in respect of any other academic year—
(ii) where the household income is less than £10,505, be nil. (4) The amount of contribution shall not exceed—
(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—
(ii) the contribution which would be payable if only one student held an award. (b) under paragraph (2)(b) or (3)(b), shall not exceed—
(ii) the contribution which would be payable if only one student held an award. (6) This sub-paragraph applies the household income consists of the residual income of—
(b) an independent eligible student and his partner where both hold a statutory award. Split contributions
(b) the particular circumstances of the College of Europe student. (2) The conditions referred to in sub-paragraph (1) above are—
(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. (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 1st September 2006. These Regulations apply in relation to England only. In addition, these Regulations make certain transitional provisions (regulations 7 to 10) in respect of the academic year commencing on or after 1st September 2005 but before 1st 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 29th April 2004 (OJ L158, 30.04.2004, p77-123) 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 from the Department for Education and Skills, Sanctuary Buildings, Great Smith Street, London SW1P 3BT 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. A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business. Notes: [1]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.back [2]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.back [3]S.I. 2000/2197, amended by S.I. 2001/563 and S.I. 2001/2892.back [4]Cmnd. 9171.back [5]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).back [6]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.back [7]S.I. 2001/563.back [8]S.I. 2001/2892.back [9]1992 c. 4.back [10]2002 c. 38.back [11]1989 c. 41. Section 23 was amended by the Children Act 2004 (c. 31), section 49(3).back [12]1971 c.77; section 33(2A) was inserted by paragraph 7 of Schedule 4 to the British Nationality Act 1981 (c. 61).back [13]OJ No L257, 19.10.1968, p2 (OJ/SE 1968 (II) p475).back [14]1988 c. 1.back [15]2004 c. 12.back [16]"Financial Statistics" (ISSN 0015-203X).back ISBN0 11 074416 0 -- Back --
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