Regulation 17 Amendment of regulation 30 of the 2007 Regulations

at the beginning of sub-paragraph (a), insert “subject to sub-paragraph (m),”;

in sub-paragraph (g) for “and (k)”, substitute, “ (k) and (l)”;

after sub-paragraph (d), insert—

“(da)

“dependent child” (“plentyn dibynnol”) means, in relation to an eligible student, a child dependent on the student;”;

after sub-paragraph (k), insert—

“(l)

for the purposes of determining whether a person is the former partner of an eligible student’s partner, “partner” (“partner”) in relation to an eligible student’s partner means—

(i)

the spouse of an eligible student’s partner;

(ii)

the civil partner of an eligible student’s partner;

(iii)

where the eligible student began the specified designated course on or after 1 September 2000, a person ordinarily living with an eligible student’s partner as if he or she were his or her spouse;

(iv)

where the eligible student began the specified designated course on or after 1 September 2005, a person ordinarily living with an eligible student’s partner as if he or she were his or her civil partner;

(m)

subject to sub-paragraph (n), for the purposes of the definitions of “adult dependent” (“dibynnydd mewn oed”) and “dependent child” (“plentyn dibynnol”), the Welsh Ministers may treat an adult person or child as dependent on an eligible student if they are satisfied that the adult person or child—

(i)

is not dependent on—

(aa)

the eligible student; or

(bb)

his or her partner; but

(ii)

is dependent on the eligible student and his or her partner together.

(n)

the Welsh Ministers must not treat an adult person (“A”) as dependent on an eligible student in accordance with sub-paragraph (m), if A is—

(i)

the spouse or civil partner of the eligible student’s partner (including a spouse or civil partner from whom the Welsh Ministers consider the eligible student’s partner is separated); or

(ii)

the former partner of the eligible student’s partner.”.