Regulation 18 Amendment of regulation 47 of the SSR 2007

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” 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” 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 1st September 2000, a person ordinarily living with an eligible student’s partner as if he were his spouse;

(iv)

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

(m)

subject to sub-paragraph (n), for the purposes of the definitions of “adult dependant” and “dependent child”, the Secretary of State may treat an adult person or child as dependent on an eligible student if he is satisfied that the adult person or child—

(i)

is not dependent on—

(aa)

the eligible student; or

(bb)

his partner; but

(ii)

is dependent on the eligible student and his partner together.

(n)

the Secretary of State 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 Secretary of State considers the eligible student’s partner is separated); or

(ii)

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