Statutory Instruments
2004 No. 2598
EDUCATION, ENGLAND AND WALES
The Education (Student Support) (No. 2) Regulations 2002 (Amendment) (No. 4) Regulations 2004
Made
5th October 2004
Laid before Parliament
14th October 2004
Coming into force
9th November 2004
The Secretary of State for Education and Skills, in exercise of the powers conferred upon him by sections 22, 42(6) and 43(1) of the Teaching and Higher Education Act 1998( 1 ), hereby makes the following Regulations:
Citation, commencement and interpretation
1. These Regulations may be cited as the Education (Student Support) (No. 2) Regulations 2002 (Amendment) (No. 4) Regulations 2004 and shall come into force on 9th November 2004.
2. In these Regulations–
“the 2002 Regulations” means the Education (Student Support) (No. 2) Regulations 2002( 2 ).
Amendment of the 2002 Regulations
3. The 2002 Regulations shall be amended as follows.
4. There shall be substituted for paragraph 1(g) of Schedule 3 the following–
“ (g) “new eligible student” means an eligible student starting a designated course on or after 1st September 2004 other than–
(i) a designated course which is an end-on course in relation to a designated course which the student started before 1st September 2004; or
(ii) a designated course to which the student’s eligibility has been transferred as a result of one or more transfers under regulation 7 from a designated course which he started before 1st September 2004; ” .
5. In paragraph 4(10) and 4(11) of Schedule 3 there shall be inserted after “Where” the words “the Secretary of State determines that”.
6. There shall be substituted for paragraphs 5(2) and 5(3) of Schedule 3 the following–
“ (2) Where the Secretary of State determines that the eligible student and his partner do not ordinarily live together throughout the relevant year, the partner’s income shall not be taken into account in determining the household income.
(3) Where the Secretary of State determines that the eligible student and his partner do not ordinarily live together for part only of the relevant year, the partner’s income shall be 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 eligible student and his partner ordinarily live together. ” .
Kim Howells
Minister of State
Department for Education and Skills
5th October 2004
1998 c. 30 ; section 22 was amended by the Learning and Skills Act 2000 (c. 21) , section 146 and Schedule 11, by the Income Tax (Earnings and Pensions) Act 2003 (c. 1) , Schedule 6, by the Finance Act 2003 (c. 14) , section 147 and by the Higher Education Act 2004 (c. 8) , section 42. Section 42 and section 43 were amended by the Education Act 2002 (c. 32) , Schedule 12.