# The Education (Means Testing) (Scotland) Amendment Regulations 2008 S.S.I. 2008/206 · made 29 May 2008 These Regulations amend the Students' Allowances (Scotland) Regulations 2007, the Nursing and Midwifery Student Allowances (Scotland) Regulations 2007 and the Education (Student Loans) (Scotland) Regulations 2007. Made under: Education (Scotland) Act 1980 (Section 73, Section 74) PDFs: Printed copy https://openlegislation.uk/education-means-testing-scotland-amendment-regulations-2008/pdf/ssi_20080206_en.pdf; Executive Note https://openlegislation.uk/education-means-testing-scotland-amendment-regulations-2008/pdf/ssien_20080206_en.pdf ## Introductory text EDUCATION Made 29th May 2008 Laid before the Scottish Parliament 2nd June 2008 Coming into force 1st August 2008 The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 73(f) and 74(1) of the Education (Scotland) Act 1980 and all other powers enabling them to do so. ## 1 Citation and commencement These Regulations may be cited as the Education (Means Testing) (Scotland) Amendment Regulations 2008 and come into force on 1st August 2008. ## 2 Amendment of the Students' Allowances (Scotland) Regulations 2007 The Students' Allowances (Scotland) Regulations 2007 are amended in accordance with regulations 3 and 4. ## 3 Amendment of the Students' Allowances (Scotland) Regulations 2007 In regulation 2(1) (interpretation) after the definition of “parent” insert– ““partner” for the purposes of regulation 4 means in relation to the holder or the holder’s parent– (a) the spouse of that person; (b) the civil partner of that person; or (c) a person ordinarily living with that person as if he or she were the spouse or civil partner of that person;”. ## 4 Amendment of the Students' Allowances (Scotland) Regulations 2007 (1) Regulation 4 (amount of allowances) is amended as follows. (2) For paragraph (3) substitute– “(3) In determining the amount of an allowance, the Scottish Ministers shall take account of the sums, if any, which, in accordance with principles determined by them from time to time, the holder, the holder’s partner, the holder’s parents and the holder’s parents' partners can reasonably be expected to contribute towards the holder’s expenses.”. (3) For paragraph (4)(b) substitute– “(b) all the circumstances of the holder, the holder’s partner, the holder’s parents and the holder’s parents' partners; or”. ## 5 Amendment of the Nursing and Midwifery Student Allowances (Scotland) Regulations 2007 The Nursing and Midwifery Student Allowances (Scotland) Regulations 2007 are amended in accordance with regulations 6 and 7. ## 6 Amendment of the Nursing and Midwifery Student Allowances (Scotland) Regulations 2007 In regulation 2 (interpretation) after the definition of “parent” insert– ““partner” for the purposes of regulation 4 means in relation to the holder– (a) the spouse of the holder; (b) the civil partner of the holder; or (c) a person ordinarily living with the holder as if he or she were the spouse or civil partner of the holder;”. ## 7 Amendment of the Nursing and Midwifery Student Allowances (Scotland) Regulations 2007 (1) Regulation 4 (amount of allowances) is amended as follows. (2) For paragraph (3)(b) substitute– “(b) the holder’s partner can reasonably be expected to contribute to the holder’s expenses.”. (3) For paragraph (4)(b) substitute– “(b) all the circumstances of the holder, the holder’s partner and persons dependent on the holder; or”. ## 8 Amendment of the Education (Student Loans) (Scotland) Regulations 2007 The Education (Student Loans) (Scotland) Regulations 2007 are amended in accordance with regulations 9 and 10. ## 9 Amendment of the Education (Student Loans) (Scotland) Regulations 2007 In regulation 2(1) (interpretation) after the definition of “parent” insert– ““partner” for the purposes of regulation 11 means in relation to the eligible student or the eligible student’s parent– (a) the spouse of that person; (b) the civil partner of that person; or (c) a person ordinarily living with that person as if he or she were the spouse or civil partner of that person;”. ## 10 Amendment of the Education (Student Loans) (Scotland) Regulations 2007 In regulation 11(1) (means test) for “and the eligible student’s spouse or civil partner” substitute “, the eligible student’s parents' partners and the eligible student’s partner”. ## Signature FIONA HYSLOP A member of the Scottish Executive St Andrew’s House, Edinburgh 29th May 2008 ## Explanatory note (This note is not part of the Regulations) These Regulations amend the Students' Allowances (Scotland) Regulations 2007, the Nursing and Midwifery Student Allowances (Scotland) Regulations 2007 and the Education (Student Loans) (Scotland) Regulations 2007. Amendments are made to the means test assessments contained in each of the above instruments so that (1) in the determination of the amount of a students' allowance the Scottish Ministers must now take into account the sums which a person ordinarily living with the holder or the holder’s parent as a spouse or civil partner can reasonably be expected to contribute towards the holder’s expenses; (2) in the determination of the amount of a nursing or midwifery allowance the Scottish Ministers must now take into account the sums which a person ordinarily living with the holder as a spouse or civil partner can reasonably be expected to contribute towards the holder’s expenses; and (3) in the determination of the amount of a student loan the Scottish Ministers must now take into account the sums which a person ordinarily living with the eligible student or the eligible student’s parent as a spouse or civil partner can reasonably be expected to contribute towards the eligible student’s expenses. --- Source: https://www.legislation.gov.uk/ssi/2008/206 (the official version) Page: https://openlegislation.uk/education-means-testing-scotland-amendment-regulations-2008 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.