Regulation 12 Amendment of Schedule 4

(1)

Schedule 4 (financial assessment) is amended as follows.

(2)

In paragraph 1(1)(o)^f1 (definitions)—

(a)

in sub-paragraph (ii), for “another Member State”, substitute “a Member State”;

(b)

for sub-paragraph (iii), substitute—

“(iii)
where the legislation of—
(aa)
the United Kingdom and one or more Member States; or

(bb)
more than one Member State

applies to the period, A’s total income from all sources as determined for the purposes of the income tax legislation under which the Secretary of State considers that A’s total income in that period is greatest (except as otherwise provided in paragraph 5),”;

(c)

for “except than”, substitute “except that”.

(3)

In paragraph 2(1)(g) (independent eligible student), after “residing outside”, insert “the United Kingdom, Gibraltar and”.

(4)

In the following paragraphs, for “another Member State”, substitute “a Member State”—

(a)

paragraph 4(1)(b)^f2 (calculation of eligible student’s residual income);

(b)

paragraph 5^f3 (calculation of parent’s residual income)—

(i)

sub-paragraph (2)(a);

(ii)

sub-paragraph (7) each time it occurs;

(iii)

sub-paragraph (8);

(c)

paragraph 7 (calculation of parent’s partner’s residual income)—

(i)

sub-paragraph (1)(a);

(ii)

sub-paragraph (7) each time it occurs;

(iii)

sub-paragraph (8).

Annotations

Footnotes

f1: Paragraph 1(1)(o) was substituted by S.I. 2014/1766 and S.I. 2020/48.
f2: Paragraph (4)(1)(b) was amended by S.I. 2014/1766.
f3: Paragraph (5) was amended by S.I. 2013/1728, S.I. 2014/1766, S.I. 2015/1951, S.I. 2017/114 and S.I. 2020/48.