The Education (Student Support) (Amendment) (No. 2) Regulations 2005

• Citation: S.I. 2005/2084
• Sections: 6

Section 1 Citation, commencement and extent

(1) These Regulations may be cited as the Education (Student Support) (Amendment) (No. 2) Regulations 2005 and shall come into force on 1st September 2005.

(2) These Regulations extend to England and Wales.

Section 2 Interpretation

In these Regulations—

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

“the 2005 Regulations ” means the Education (Student Support) Regulations 2005 .

Section 3 Amendment of the 2002 Regulations

(1) Paragraph 9 of Schedule 1 to the 2002 Regulations is amended as follows.

(2) The words “or the child of such a national” are omitted.

(3) The word “and” is omitted at the end of sub-paragraph (b).

(4) After sub-paragraph (c) there is inserted—

(d) who, where he is a national of the United Kingdom, has a right to be treated no less favourably than a national of another Member State by virtue of having exercised a Community right of free movement; and

(e) who, in a case where his ordinary residence referred to in sub-paragraph (c) was wholly or mainly for the purpose of receiving full time education, was ordinarily resident in the European Economic Area immediately prior to the period of ordinary residence referred to in sub-paragraph (c).

Section 4 Amendment of the 2005 Regulations

(1) Regulation 18 of the 2005 Regulations is amended as follows.

(2) In paragraph (4)(a), there is substituted for the figure “£114.75” the figure “£148.75”.

(3) In paragraph (4)(b), there is substituted for the figure “£170” the figure “£255”.

(4) In paragraph (7), there is substituted for the definition of “approved childcare provider” the following—

“approved childcare provider” means a childcare provider approved in accordance with the Tax Credit (New Category of Child Care Provider) Regulations 1999 or the Tax Credits (Approval of Child Care Providers) Scheme 2005 ; and

Section 5 Amendment of the 2005 Regulations

(1) Paragraph 9 of Schedule 2 to the 2005 Regulations is amended as follows.

(2) The words “or the child of such a national” are omitted.

(3) The word “and” is omitted at the end of sub-paragraph (a).

(4) After sub-paragraph (b) there is inserted—

(c) who, where he is a national of the United Kingdom, has a right to be treated no less favourably than a national of another Member State by virtue of having exercised a Community right of free movement; and

(d) who, in a case where his ordinary residence referred to in sub-paragraph (b) was wholly or mainly for the purpose of receiving full time education, was ordinarily resident in the European Economic Area immediately prior to the period of ordinary residence referred to in sub-paragraph (b).

Section 6 Amendment of the 2005 Regulations

(1) Schedule 5 to the 2005 Regulations is amended as follows.

(2) In paragraph 5(3)—

(a) the words “, as a result of some event beyond his control,” are omitted; and

(b) for “household income” there is substituted “parent’s income”.

(3) In paragraph 5(4), for “as a result of some event beyond his control” there is substituted “as a result of any event”.