The Education (Student Support) (No. 2) Regulations 2002 (Amendment) (No. 4) Regulations 2004

• Citation: S.I. 2004/2598
• Sections: 6

Section 1 Citation, commencement and interpretation

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.

Section 2 Citation, commencement and interpretation

In these Regulations–

“the 2002 Regulations ” means the Education (Student Support) (No. 2) Regulations 2002 .

Section 3 Amendment of the 2002 Regulations

The 2002 Regulations shall be amended as follows.

Section 4 Amendment of the 2002 Regulations

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;

Section 5 Amendment of the 2002 Regulations

In paragraph 4(10) and 4(11) of Schedule 3 there shall be inserted after “Where” the words “the Secretary of State determines that”.

Section 6 Amendment of the 2002 Regulations

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.