Paragraph 14

In this Part of this Schedule—

• “adult dependant” means, in relation to a student, an adult person dependent on the student not being his child, his spouse or a person living with him as his spouse or his former spouse, subject however to sub-paragraphs (2) and (3);

• “child”, in relation to a student, includes a person adopted in pursuance of adoption proceedings, a step-child and . . . any child whose guardian or custodian the student is and who is dependent on him;

• “dependant” means, in relation to a student, his dependent child, his spouse or an adult dependant, subject however to sub-paragraphs (2) and (3);

• “income” means income for the year from all sources less income tax, social security contributions and child benefit and, in the case of the student’s spouse, less—

  1. (a)

     where the spouse holds an award in respect of a course of teacher training designated under regulation 10(1)(d)(iii), being a part-time course or a course which is partly full-time and partly part-time, the payments in respect of maintenance made to the spouse in pursuance of regulation 17(b) or so much of those payments as relates to the part-time part of the course;

  2. (b)

     where the spouse or the student make any payment which was previously made by the student in pursuance of an obligation incurred before the first year of the student’s course—

     1. (i)

        if, in the opinion of the authority, the obligation had been reasonably so incurred, an amount equal to the payment in question;

     2. (ii)

        if, in their opinion, only a lesser obligation could have been reasonably so incurred, such correspondingly lesser amount (if any) as appears to them appropriate;

  3. (c)

     any allowance payable to the spouse by an adoption agency in pursuance of a scheme approved by the Secretary of State under section 57(4) of the Adoption Act 1976^f1;

  4. (d)

     any guardian’s allowance to which the spouse is entitled under section 38 of the Social Security Act 1975^f2;

  5. (e)

     where a child in the care of a local authority is boarded but with the spouse any payment made to the spouse in pursuance of section 21(1) of the Child Care Act 1980^f3; and

  6. (f)

     any payments made to the spouse pursuant to an order made under section 34 of the Children Act 1975^f4;

  except that “income” does not include any attendance or mobility allowance under section 35 or 37A of the Social Security Act 1975^f5 or any mobility supplement provided for in an order made under section 12(1) of the Social Security (Miscellaneous Provisions) Act 1977^f6;

• “relevant award” means a statutory award in respect of a person’s attendance at—

  1. (a)

     a full-time course of higher education or a comparable course outside England and Wales;

  2. (b)

     a course designated under sub-paragraph (d)(ii) of regulation 10(1); or

  3. (c)

     the full-time part of a course designated under sub-paragraph (d)(iii) of regulation 10(1) which is partly full-time and partly part-time;

• “spouse”, except in the definition above of adult dependant, shall not include a student’s spouse if they have ceased ordinarily to live together whether or not an order for their separation has been made by any court.

A person, including the student’s spouse, shall not be treated as a dependant of the student during any period for which that person—

A person shall not be treated as a student’s adult dependant or as his dependent child—