[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	United Kingdom Statutory Instruments
You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Education (Student Support) (European Institutions) Regulations 2006 No. 953 URL: http://www.bailii.org/uk/legis/num_reg/2006/20060953.html

[New search] [Help]

"2000 Regulations" means the Education (Student Support) (European Institutions) Regulations 2000[3];

"academic authority" means in, relation to an institution, the governing body or other body having the functions of a governing body and includes a person acting with the authority of that body;

"College" means the College of Europe;

"current academic year" means the academic year beginning on or after 1st September 2005 but on or before 31st August 2006;

"current course" means the designated course in respect of a person is applying for support;

"current Directive student" means a Directive student who began the current course before 1st September 2006;

"current student" means a student who—

(a) began the current course before 1st September 2006;

(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;

"Directive student" means a person who—

(a) falls within paragraph 6 of Part 2 of Schedule 1 by virtue of being—


(i) an EEA self-employed person;

(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;

(c) falls within paragraph 9 of Part 2 of Schedule 1 by virtue of being a family member of an EC national;

(d) falls within paragraph 8 of Part 2 of Schedule 1;

"eligible student" has the meaning given by regulation 11;

"European Community" means the territory comprised by the Member States of the European Community as constituted from time to time;

"European institution" means—

(a) the Bologna Center;

(b) the College of Europe;

(c) the Institute;

"grants for living and other costs" means the grants payable under regulations 23 or 25;

"Institute" means the European University Institute;

"moving date" means the date on which the applicant moves to Belgium, Italy or Poland, as the case may be, for the purpose of—

(a) in any case where he is required by the relevant European institution to attend an intensive course of language tuition immediately before the designated course, attending that course of language tuition; or

(b) in any other case, attending the designated course;

"new academic year" means an academic year beginning on or after 1st September 2006;

"new student" except in Schedule 2 means a student who—

(a) begins the current course on or after 1st September 2006 but on or before 31st August 2007;

(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;

"next academic year" means the academic year beginning on or after 1st September 2006 but on or before 31st August 2007;

"refugee" means a person who is recognised by Her Majesty's government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28th July 1951[4] as extended by the Protocol thereto which entered into force on 4th October 1967[5];

"statutory award" means any award bestowed, grant paid or other support provided by virtue of the 1998 Act or the Education Act 1962[6], or any comparable award, grant or other support in respect of undertaking a course which is paid out of public funds;

"student loans legislation" means the Education (Student Loans) Act 1990, the Education (Student Loans) (Northern Ireland) Order 1990, the Education (Scotland) Act 1980 and regulations made thereunder, the Education (Student Support) (Northern Ireland) Order 1998 and regulations made thereunder or the 1998 Act and regulations made thereunder;

"supplementary grants" means the grants payable under Chapter 4 of Part 4.

Revocation, saving and transitional provisions
     4. The 2000 Regulations, the Education (Student Support) (European Institutions) (Amendment) Regulations 2001[7] and the Education (Student Support) (European Institutions) (Amendment) (No. 2) Regulations 2001[8] are revoked in relation to England.

     5. The 2000 Regulations shall continue to apply in relation to England in respect of an academic year beginning before 1st September 2005.

     6. Subject to regulations 7 to 10, these Regulations shall only apply in relation to the provision of support in connection with a new academic year.

     7. —(1) Any payment of support that has been or was to be made under the 2000 Regulations to a current student in respect of the current academic year is to be treated as a payment made or to be made under these Regulations.

    (2) Subject to paragraph (3), the Secretary of State may reassess, in accordance with these Regulations, the amount of support payable to a current student in respect of the current academic year.

    (3) Where the Secretary of State reassesses the amount of support payable to a current student in accordance with paragraph (2) and the amount of support payable to the student decreases, the amount of support payable to the student is the amount determined to be payable to him under the 2000 Regulations.

    (4) A current student may apply under these Regulations for support in connection with the current academic year if he had not applied for support under the 2000 Regulations before 30th April 2006.

     8. —(1) Where before 30th April 2006—

(a) a current student or a prospective student applied for support under the 2000 Regulations in respect of the next academic year; and

(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.

    (2) Any payment of support made or to be made under the 2000 Regulations to a current student or a new student in respect of the next academic year before 30th April 2006 is to be treated as a payment made or to be made under these Regulations.

    (3) Subject to paragraph (4), the Secretary of State may reassess, in accordance with these Regulations, the amount of support determined before 30th April 2006 to be payable to a current student or a new student in respect of the next academic year.

    (4) Where the Secretary of State reassesses the amount of support payable to a current student in accordance with paragraph (2) and the amount of support payable to the student decreases, the amount of support payable to the student is the amount determined to be payable to him under the 2000 Regulations.

    (5) For the purposes of paragraph (1), "prospective student" means a person—

(a) who starts the current course in the next academic year; and

(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—

(a) treat that person's application as an application for support made under and in accordance with these Regulations; and

(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—


(i) in the case of a person who started his course in the current academic year, the current academic year and the next academic year; and

(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.

Designated courses
     12. A course is designated for the purposes of section 22(1) of the 1998 Act and regulation 11 if it is—

(a) a postgraduate or comparable course;

(b) a full-time course;

(c) of at least one academic year's duration; and

(d) provided by a European institution.

Period of eligibility
     13. —(1) Subject to the following paragraphs, a student's status as an eligible student in connection with a designated course will terminate at the end of the academic year in which the relevant European institution would ordinarily expect the student to complete the course ("period of eligibility").

    (2) The student's period of eligibility terminates when the student—

(a) withdraws from his designated course in circumstances in which the Secretary of State will not transfer his status as an eligible student in accordance with regulation 14; or

(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.

    (4) Where the student's period of eligibility will terminate under paragraph (1) before the end of the academic year in which the student will actually complete the course, the Secretary of State may, at any time, extend or renew the period of eligibility for such period as she determines.

    (5) If the Secretary of State is satisfied that an eligible student has failed to comply with any requirement to provide information under these Regulations or has provided information which is inaccurate in a material particular, the Secretary of State may do one or more of the following—

(a) terminate the student's period of eligibility;

(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
     14. —(1) Where an eligible student transfers to another designated course at the same European institution, the Secretary of State must transfer the student's status as an eligible student where—

(a) she receives a request from the eligible student to do so;

(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.

    (3) An eligible student who transfers under paragraph (1) after the Secretary of State has assessed support in connection with the academic year of the course from which he is transferring but before he completes that year may not, in connection with the academic year of the course to which he transfers, apply for another grant of a kind that he has already applied for under these Regulations in connection with the academic year of the course from which he is transferring.

Information
     17. Every applicant and eligible student must, as soon as reasonably practicable after he is requested to do so, provide the Secretary of State with such information as the Secretary of State considers she requires for the purposes of these Regulations.

     18. Every applicant and eligible student must immediately inform the Secretary of State and provide her with particulars if—

(a) he withdraws from, abandons or is expelled from his course;

(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.

Grants for living and other costs
     23. —(1) Subject to paragraph (2), a College of Europe Student qualifies in respect of an academic year for the grants for living and other costs specified in and calculated in accordance with paragraphs (3) to (7).

    (2) A College of Europe 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) A College of Europe student qualifies for a grant for living costs of an amount equal to the sum of (A + B) where—

(a) in respect of the current academic year—


(i) A is £2,233.22; and

(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—



(i) A is £2,290; and

(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.

    (5) A College of Europe student qualifies for a grant for travel home of an amount equal to (A – B) where—

     A is the amount determined by the Secretary of State to be the cost of three return journeys from the student's home address to the College; and

     B is—


(i) in respect of the current academic year, £93; and

(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.

    (7) A College of Europe student qualifies for a grant for research travel of such amount as the Secretary of State determines to be the reasonable cost of travel incurred for the purposes of completing periods of research authorised by the College during the academic year in respect of which support is being applied for.

     24. A deduction may be made in accordance with Part 5 from the amount payable in respect of any of the grants calculated in accordance with regulation 23.

    (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;

    (6) An Institute student qualifies for a grant for college travel of the amount determined by the Secretary of State to be the reasonable cost of travel from the student's residence whilst attending the Institute to the Institute.

    (7) An Institute student qualifies for a grant for research travel of the amount determined by the Secretary of State to be the reasonable cost of travel incurred for the purposes of completing periods of research authorised by the Institute during the academic year in respect of which support is being applied for.

    (8) An Institute student qualifies for a grant for medical insurance of the amount determined by the Secretary of State to be the reasonable cost of insuring the student against liability for the cost of medical treatment provided outside the United Kingdom where the ordinary duration of the course is more than one academic year.

     26. A deduction may be made in accordance with Part 5 from the amount payable in respect of any of the grants calculated under paragraphs (4) to (7) of regulation 25.

Grant for dependants
     29. —(1) The grant for dependants consists of the following elements—

(a) adult dependants' grant; and

(b) parents learning allowance.

    (2) The qualifying conditions for each element and the amounts payable are set out in regulations 30 to 33.

Adult dependants' grant
     30. —(1) Subject to paragraph (3), a College of Europe Student or an Institute student qualifies for an adult dependants' grant in connection with his attendance on a designated course in accordance with this regulation.

    (2) The adult dependants' grant is available in respect of—

(a) the student's partner; or

(b) an adult dependant of the student whose net income does not exceed—


(i) in respect of the current academic year, £3,345;

(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.

     31. —(1) The amount of adult dependants' grant payable in respect of an academic year is calculated in accordance with regulation 33, the basic amount being—

(a) in respect of the current academic year, £2,395; and

(b) in respect of any other academic year—


(i) £2,455; or

(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
     32. —(1) Subject to paragraph (2), a College of Europe student or an Institute student qualifies in connection with his attendance on a designated course for the parents' learning allowance if he has one or more dependent children.

    (2) 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.

    (3) The amount of parents' learning allowance payable in respect of an academic year is calculated in accordance with regulation 33, the basic amount being—

(a) in respect of the current academic year, £1,365;

(b) in respect of any other academic year, £1,400.

Calculations
     33. —(1) Subject to the following paragraphs, the amount payable in respect of a particular element of the grant for dependants for which the College of Europe student or Institute student qualifies under regulations 29 to 32 is the amount of that element remaining after applying, until it is extinguished or no element remains payable under regulations 29 to 32, an amount equal to (A – B) as follows and in the following order—

(a) to reduce the basic amount of the adult dependants' grant where the student qualifies for that element under regulation 30; and

(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.

    (3) Where (A – B) is equal to or exceeds the aggregate of the basic amounts of the elements of the grant for dependants for which the eligible student qualifies, the amount payable in respect of each element is nil.

    (4) The amount of adult dependants' grant calculated under paragraph (1) is reduced by one half where—

(a) the student's partner—


(i) is an eligible student; or

(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.

    (6) For the purposes of this regulation—

(a) in respect of the current academic year—

     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;


     £3,145 where the student is not a lone parent and has one dependent child;

     £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—

     A is the aggregate of the net income of each of the eligible student's dependants; and

     B is £1,075 where the student has no dependent children;



     £3,225 where the student is not a lone parent and has one dependent child;

     £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.

Interpretation
     35. —(1) For the purposes of regulations 30 to 33—

(a) "adult dependant" means, in relation to a student, an adult person dependent on the student other than his child, his partner (including a spouse or civil partner from whom the Secretary of State considers the student is separated) or his former partner;

(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—


(i) the spouse of a student;

(ii) the civil partner of a student;

(iii) a person ordinarily living with a student as if he were his spouse where that student—


(aa) was aged 25 or over at the start of the academic year in respect of which the student's contribution falls to be assessed; and

(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—



(aa) was aged 25 or over at the start of the academic year in respect of which the student's contribution falls to be assessed; and

(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—



(i) in the opinion of the Secretary of State, that person and the student are separated; or

(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;

(j) for the purposes of the definitions of "child" and "lone parent", a person is to be treated as a partner if he would be a partner under sub-paragraph (g) but for the date on which the student began the designated course or the fact that the student with whom he is ordinarily resident 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—

(a) any pension, allowance or other benefit paid by reason of a disability or incapacity to which the dependant is subject;

(b) child benefit payable under Part IX of the Social Security Contributions and Benefits Act 1992[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—

(a) an amount equal to the payments in question for the academic year, if in the opinion of the Secretary of State the obligation has been reasonably incurred; or

(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—

(a) the dependant is a dependent child;

(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.

     38. —(1) In the case of a College of Europe student, the Secretary of State must apply the student's contribution—

(a) first, to reduce the amount of grant for living costs calculated under regulation 23(3);

(b) second—


(i) in the case of a student who is eligible for the grant for dependants, to reduce—


(aa) first, the amount of grant for dependants calculated in accordance with regulation 33; and

(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);

(d) fourth, to reduce the amount of grant for college travel calculated in accordance with regulation 23(6);

(e) fifth, subject to paragraph (2), to reduce the amount of grant for research travel calculated in accordance with regulation 23(7).

    (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.

     39. —(1) In the case of an Institute student, the Secretary of State must apply the student's contribution—

(a) first, to reduce the amount of grant for living costs calculated in accordance with regulation 25(4);

(b) second—


(i) in the case of a student who is eligible for the grant for dependants, to reduce—


(aa) first, the amount of grant for dependants calculated in accordance with regulation 33;

(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.

unless she considers that it is appropriate to do so taking into account the circumstances of the student's case.

Overpayments
     42. —(1) The Secretary of State may recover any overpayment of grant for fees from the academic authority.

    (2) An eligible student shall, if required to do so by the Secretary of State, repay any amount paid to that student under Part 4 which for whatever reason exceeds the amount of support to which he is entitled under Part 4.


Bill Rammell
Minister of State Department for Education and Skills

28th March 2006

"settled" has the meaning given by section 33(2A) of the Immigration Act 1971[12];

"Swiss employed person" means a Swiss national who is or, in the case of a person who applies for support after the moving date, was an employed person, other than a Swiss frontier employed person, in the United Kingdom;

"Swiss frontier employed person" has the meaning given in sub-paragraph (4);

"Swiss frontier self-employed person" has the meaning given in sub-paragraph (5);

"Swiss self-employed person" means a Swiss national who is or, in the case of a person who applies for support after the moving date, was a self-employed person, other than a Swiss frontier self-employed person, in the United Kingdom;

"United Kingdom national" means a person who falls to be treated as a national of the United Kingdom for the purposes of the Community Treaties;

"worker" means a worker within the meaning of Article 7 of Directive 2004/38 or the EEA Agreement, as the case may be.

    (2) Subject to sub-paragraph (6), "EEA frontier self-employed person" means an EEA national who—

(a) is a self-employed person in England; and

(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—

(a) is a worker in England; and

(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—

(a) is an employed person in England; and

(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—

(a) is a self-employed person in England; and

(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—

(a) he may be treated as an EEA frontier self-employed person 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—


(i) a self-employed person in England; and

(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—



(i) a worker or an employed person in England; and

(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.

    (8) For the purposes of this Schedule, a person is to be treated as ordinarily resident in England, the United Kingdom and Islands or in the territory comprising the European Economic Area and Switzerland if he would have been so resident but for the fact that—

(a) he;

(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.

    (9) For the purposes of sub-paragraph (8), temporary employment outside of England, the United Kingdom or the territory comprising the European Economic Area and Switzerland includes—

(a) in the case of members of the regular naval, military or air forces of the Crown, any period which they serve outside the United Kingdom as members of such forces; and

(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—

(a) an area which—


(i) was previously not part of the European Community or the European Economic area; but

(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;

(b) a person who acquires the right of permanent residence after the beginning of the first year of the course is to be considered to have had that status as of the beginning of the first year of the course;

(c) a person who becomes the child of a Swiss national after the beginning of the first year of the course is to be considered to have been such a child as of the beginning of the first year of the course

(a) either—


(i) in the case of a person applying for support before the moving date—


(aa) is ordinarily resident in England on the date he applies for support; and

(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

(c) is entitled to support by virtue of article 12 of Council Regulation (EEC) No. 1612/68 on the freedom of movement of workers[13], as extended by the EEA Agreement.

Persons who are settled in the United Kingdom and have exercised a right of residence elsewhere
     8. —(1) A person who—

(a) is settled in the United Kingdom;

(b) left the United Kingdom and exercised a right of residence after having been settled in the United Kingdom;

(c) either—


(i) in the case of a person applying for support before the moving date and subject to paragraph (2)—


(aa) is ordinarily resident in England on the date he applies for support; and

(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

(e) in a case where his ordinary residence referred to in paragraph (d) was wholly or mainly for the purposes of receiving full-time education, was ordinarily resident in the territory comprising 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 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.

    (3) A person who applies for support before the moving date and who is not ordinarily resident in England on the date he applies for support, may be treated as satisfying paragraphs (c)(i)(aa) and (bb) of sub-paragraph (1) if the Secretary of State is satisfied that—

(a) he is not so resident for a reason connected with the exercise of the right of residence referred to in paragraph (b) of sub-paragraph (1); and

(b) he will be ordinarily resident in England immediately before the moving date.

EC nationals
     9. —(1) A person who—

(a) is either—


(i) an EC national on the moving date ; or

(ii) a family member of such a person;



(b) either—



(i) in the case of a person applying for support before the moving date—


(aa) is ordinarily resident in England on the date he applies for support; and

(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

(d) subject of sub-paragraph (2), whose ordinary residence in the territory comprising the European Economic Area and Switzerland has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.

    (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).

    (3) Where a state accedes to the European Community after the moving date and a person is a national of that state or the family member of a national of that state, the requirement in paragraph (a) of sub-paragraph (1) to be an EC national on the moving date is treated as being satisfied.

     10. —(1) A person who—

(a) is an EC national other than a United Kingdom national on the moving date;

(b) either—


(i) in the case of a person applying for support before the moving date—


(aa) is ordinarily resident in England on the date he applies for support;

(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

(d) in a case whose 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 European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (c).

    (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.

Children of Swiss nationals
     11. A person who—

(a) 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 immediately before the moving date;

(b) either—


(i) in the case of a person applying for support before the moving date—


(aa) is ordinarily resident in England; and

(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

(d) in a case whose 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 European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (c).

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

(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—

(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 Statistics[16].

Calculation of parent's residual income
     4. —(1) For the purposes of determining the taxable income of a student's parent, 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 another 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)

shall not be made or permitted.

    (2) For the purpose of determining the residual income of a parent, there shall be deducted from the taxable income determined under sub-paragraph (1) the aggregated of any amounts falling within any of the following sub-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 273, 619 or 639 of the Income and Corporation Taxes Act 1988 or 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 another 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), 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—


(i) where the student is an old student or an old Directive student applying for support in connection with an old academic year, £1,025; and

(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.

    (4) Where the Secretary of State is satisfied that the income of the parent in any financial year is, as a result of some event beyond his control, likely to be and to continue after that year to be not more than 85 per cent. of the sterling value of his income in the previous financial year she may, for the purpose of enabling the 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 the parent the average of his residual income for each of the financial years in which that academic year falls.

    (5) Where the student's parent satisfies the Secretary of State that his income is wholly or mainly derived from the profits of a business or profession carried on by him, then any reference in this Part of the Schedule to a preceding financial year shall mean 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 his 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) he is not resident, ordinarily resident or domiciled in the United Kingdom, or where his 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 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.

    (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 shall be computed under the provision 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 shall be 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, the household income shall—

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

(b) where the parent dies during the relevant year, 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 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.

    (10) Where the Secretary of State determines that the parents have 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 shall be determined in accordance with paragraph 4, reference to the parent being construed as references to the student's partner.

    (2) Where the Secretary of State determines that the student and his partner are 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 Secretary of State determines that the student and his partner have separated in the course of the relevant year, the partner's income is determined by reference to his income under sub-paragraph (1) divided by fifty-two and multiplied by the number of complete weeks in the relevant year for which the Secretary of State determines that the student and his partner are 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) shall 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 shall 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 shall—

(a) in respect of the current academic year—


(i) where the household income is £22,010 or more, be £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, be nil.



(b) in respect of any other academic year—



(i) where the household income is £22,560 or more, be £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, 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—

(a) in respect of the current academic year,


(i) where the household income is £10,250 or more, be £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, be nil; and



(b) in respect of any other academic year—



(i) where the household income is £10,505 or more, be £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, be nil.

    (4) The amount of contribution shall not 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), shall not 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), shall not exceed—



(i) £7,430; or

(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—

(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 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 shall be the amount that the Secretary of State 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.

[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

 © Crown copyright 2006